N.Y. Comp. Codes R. & Regs. tit. 14, § 585.10 – Removal of residents.

(a) A resident who is not ready for discharge and who does not wish to leave a family care home voluntarily can be removed from a family care home when at least one of the following criteria is met:
1. (1) the resident poses a serious and continuous threat to the safety of him/herself or others in the family care home;
2. (2) the resident continuously fails or refuses to follow the rules of the family care home and program, and has been advised and reasonably reminded of such rules; or
3. (3) the medical needs of the residence can no longer be met by the family care home.
(b) A family care provider that wishes to remove a resident shall advise the program sponsor of the need to remove the resident from the home.
1. (1) If the resident poses a serious and continuous threat to the safety of him/herself or others in the family care home, nothing in this Section shall preclude the family care provider from immediately arranging for the removal of the resident to a location which has been determined to be an appropriate location for the resident given the resident's current status, needs, and conduct. Such location shall have the capacity to provide reasonable safety for the resident. If necessary, such removal shall be conducted by a mental health crisis team, where available, or a police officer who is a member of an authorized police department or force, or a sheriff's department.
2. (2) If the resident continuously fails or refuses to follow the rules of the family care home or program, the family care provider shall make a good faith effort to determine if the dispute can be resolved.
(c) If the family care provider decides that the resident must be removed from the family care home, such provider shall submit a written request to the program sponsor, setting forth the reasons for the request and describing any steps taken to resolve the matter and avoid the need for removal, where applicable. The program sponsor shall consult as needed with the local governmental unit or other appropriate entities in an effort to obtain assistance in procuring residential and service alternatives, and shall take appropriate action within 30 days of the date of receipt of the request.