N.Y. Comp. Codes R. & Regs. tit. 14 § 686.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 686.3 - General purpose

(a)Principles of compliance.

(1) A community residence shall provide an environment that ensures individual's rights, promotes freedom of movement, and increases opportunities for individuals to make decisions and to participate in regular community activities consistent with their needs and capability. A community residence shall allow for the maximum level of independence consistent with an individual's disability and functional level.

(2) A community residence shall be a home for individuals that is safe, comfortable and clean.

(3) A community residence, through both staff and individual activities, shall endeavor to become an integral part of the neighborhood and community. Individuals of a community residence shall be encouraged to become participating members of the community in which they live. Accordingly, community residence staff are responsible for facilitating access to the appropriate community resources. The range of opportunities shall be sufficiently variable to meet the needs and interests of all individuals, and, wherever possible, utilize the same community resources as used by persons who do not have disabilities.

(4) Individuals of a community residence are to be integrated into a total service system. Community residences exist within a continuum of residential opportunities for persons who have a diagnosis of developmental disability (see glossary, section 686.99 of this Part). Being part of a continuum allows individuals to access alternative levels of care as their needs change.

(5) Except as provided in paragraph (6) of this subdivision, a community residence shall be issued an operating certificate that indicates the maximum certified capacity (see glossary, section 686.99 of this Part) as follows:

(i) A supervised community residence shall be issued an operating certificate for no more than 14 individuals. The certified capacity shall not be exceeded without notification within 24 hours to OPWDD, at which time the conditions relative to the temporary increase in capacity shall be discussed and agreement reached.

(ii) A supportive community residence shall be issued an operating certificate for no more than four individuals, and shall be certified on an address-specific basis. The certified capacity shall not be exceeded without the prior approval of OPWDD.

(6) A community residence which, on the effective date of this Part, has a certified capacity in excess of those stated in paragraph (5) of this subdivision shall continue to be issued an operating certificate for that capacity pursuant to this Part, provided that the community residence is in compliance with this Part. The certified capacity shall not be exceeded without the prior approval of OPWDD.

(b)Standards of certification.

There are no standards of certification.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 686.3

Amended New York State Register October 28, 2015/Volume XXXVII, Issue 43, eff.11/1/2015

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016