N.Y. Comp. Codes R. & Regs. tit. 14, § 585.5 – Application process.

(a) Application for operating certificates must be submitted to the office by the program sponsor on a form and in a format designated by the office.
(b) A copy of the application will be sent to the appropriate local governmental unit serving the area for review.
(c) As part of the application process, program sponsors must be able to demonstrate, to the satisfaction of the office, that it has entered into written agreements with local service providers to ensure that family care providers and residents will have access to all necessary services.
1. (1) A family care provider must be an adult person. The financial condition, good moral character and good physical and mental health of the applicant must be demonstrated to the satisfaction of the commissioner. Family care provider applicants are subject to the criminal history review process set forth in Part 550 of this Title.
2. (2) To avoid a conflict of interest, applications of program sponsor employees for operating certificates of family care providers will only be considered for approval if it is clearly established that such program sponsor employee:
  1. (i) has not provided, and will not provide, therapeutic services to potential residents;
  2. (ii) has not participated, and will not participate, in placement of residents;
  3. (iii) is able to provide appropriate supervision for residents placed in the family care home.
3. (3) When more than one person living in a family care home will be designated as a family care provider, each person must separately meet all qualifications.
4. (4) Conditions and obligations. Family care providers must agree in their application to fulfill the following conditions and obligations:
  1. (i) to promptly receive basic training in mental illness and/or medication management, as necessary and appropriate, before any residents are placed in the family care home;
  2. (ii) to participate in all aspects of a background check, and to ensure persons living in family care homes (other than the resident) operated by the family care provider participate in all aspects of a background check, including a criminal history background check administered in accordance with Part 550 of this Title, as applicable;
  3. (iii) to designate an appropriate adult willing to provide respite care in his/her home or to agree to utilize services available to the family care program until such person can be designated; and
  4. (iv) to ensure that the family care homes which it operates will meet all requirements of this section and sections 585.6 and 585.7 of this Part.
(d) Qualifications of family care providers.