N.Y. Comp. Codes R. & Regs. tit. 14, § 585.9 – Placement, admission, and discharge of residents.

(1) Placement referrals shall be made by the office or community mental health providers.
(2) It is the responsibility of program sponsor to screen the placement of prospective residents with family care providers in family care homes.
(3) Restrictions on placements.
1. (i) No individual against whom a warrant has been filed by a criminal court or district attorney in connection with a criminal proceeding may be placed with a family care provider in a family care home.
2. (ii) Persons committed to the custody of the Office of Mental Health pursuant to an order of a criminal court or a civil court pursuant to article 10 of the Mental Hygiene Law, cannot be placed with a family care provider in a family care home unless prior permission has been obtained from the court with jurisdiction over the case which authorizes such placement.
(4) A family care provider may accept a placement from an entity other than the office or community mental health provider, (such as a housing authority or social service agency) but only after such placement has received the prior approval of the program sponsor pursuant to a written agreement between the program sponsor and the director of the other placing entity. Such placements shall be counted as part of the certified capacity of the family care home.
(5) Each program sponsor shall use its best efforts to have a variety of placements in family care available to meet the needs of the residents.
(6) Whenever feasible and appropriate to the needs of the prospective resident, placements in family care should be transitional and time limited to ensure residents are moved to the least restrictive, most independent living arrangements that are possible, provided, however, that nothing in this section shall be deemed to prevent an extended or long term placement, if that is appropriate to the needs of a particular resident.
(7) Each prospective resident shall have a current medical examination prior to placement in a family care home For purposes of this paragraph, current shall mean no more than six months prior to placement.
(b) Admission.
(1) After a program sponsor has determined that an individual is in need of family care and has placed that individual in a family care home, the individual shall be admitted to the home by the family care provider. An individual shall be admitted to a family care home only upon his or her own willingness.
(2) To be appropriate for admission to a family care home, an individual shall:
1. (i) have a principal psychiatric disorder (not organic);
2. (ii) not be immediately dangerous to self or others;
3. (iii) not be in need of skilled nursing as indicated on a patient review instrument (PRI); and
4. (iv) be willing and able to self administer medication.
(3) Within 30 days of placement in a family care home, each resident shall have a residential service plan prepared by the program sponsor.
1. (i) The residential service plan shall be based on treatment plan recommendations and shall outline the residential service needs of the resident and identify family care provider and staff roles with respect to the resident. It shall include:
  1. (a) long and short term goals based on the resident's needs and abilities;
  2. (b) services and program that will be available to meet goals; and
  3. (c) strategies and timetables for attaining goals.
2. (ii) The results of the medical examination conducted pursuant to paragraph (a)(7) of this section shall be used, as appropriate, to supplement the residential service plan.
3. (iii) The preparation of the residential service plan shall involve the resident (or, if the resident is not competent, someone acting on behalf of the resident), the family care provider, and other providers of services as appropriate.
4. (iv) The residential service plan shall be reviewed at least quarterly during the first year of placement and semi-annually thereafter.
  (c) Discharge.
(1) The family care provider shall participate in the formulation of a discharge plan for every resident. Discharge planning shall be part of residential service plan reviews and shall be incorporated within such plan as appropriate.
(2) Discharge criteria. Residents may be discharged from a family care home when at least one of the following criteria is met:
1. (i) the resident has medical, psychiatric or behavioral challenges which cannot be met by the family care home;
2. (ii) the resident has been hospitalized and will require a higher level of psychiatric care upon discharge from the hospital;
3. (iii) the resident voluntarily leaves the family care home; or
4. (iv) the resident shows sufficient improvement in functioning to be able to move to a more independent living situation.
(3) No overt or covert psychological or physical pressure shall be applied to prevent a resident who desires to leave a family care home from doing so.

(a) Placement.