N.Y. Comp. Codes R. & Regs. tit. 18, § 449.4 – Requirements for each supervised setting.

(1) Each authorized agency operating a supervised setting program must establish a procedure to review and evaluate the backgrounds of and information supplied by all applicants for employee, volunteer or consultant positions in the supervised setting program. This procedure must take into account any appropriate collective bargaining agreement(s) and, in the case of a supervised setting program operated by a social services official, must also comply with applicable provisions of the Civil Service Law. As part of this procedure, each employee, volunteer or consultant applicant must submit all of the following information:
1. (i) a statement or summary of the applicant's employment history, including, but not limited to, any relevant child-caring experience, any experience working with transition age youth with histories of trauma, incarceration, homelessness or foster care, and any of the applicant’s own lived experience in foster care;
2. (ii) the names, addresses and, where available, telephone numbers of references who can verify the applicant's employment history, work record and qualifications;
3. (iii) the names, addresses and telephone numbers of at least three personal references, other than relatives, who can attest to the applicant's character, habits, reputation and personal qualifications; and
4. (iv) a sworn statement by the applicant indicating whether, to the best of such applicant's knowledge, the applicant has ever been convicted of a crime in New York State or any other jurisdiction.
(2) Persons providing supervision and support for youth must be in good physical and mental health, and free from any communicable disease. Physical fitness must be shown by a certificate from a physician at the time of initial employment and annually thereafter.
(3) If an applicant discloses in the sworn statement furnished in accordance with subparagraph (1)(iv) of this subdivision that he or she has been convicted of a crime, the authorized agency operating the supervised setting program must determine, in accordance with guidelines developed and disseminated by OCFS, whether to hire the applicant or to use the volunteer or consultant. If the authorized agency determines it will hire the applicant or use the applicant as a volunteer or consultant who has the potential for regular and substantial contact with youth in the program, the authorized agency must maintain a written record, as part of the application file or employment or other personnel record of such person, of the reason(s) why such person was determined to be appropriate and acceptable as an employee, volunteer or consultant.
(4) Inquiries to the statewide central register of child abuse and maltreatment.
1. (i) With regard to any person who is actively being considered for employment, or to any individual or any person who is employed by an individual, corporation, partnership or association which provides goods or services to the authorized agency, the authorized agency operating the supervised setting program must inquire of OCFS whether any such person is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment. In addition, the authorized agency may inquire whether any current employee or any person who is being considered for use as a volunteer or for hiring as a consultant with youth who are being cared for by the supervised setting program is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment. An inquiry regarding any current employee may be made only once in any six-month period.
2. (ii) Prior to making an inquiry pursuant to subparagraph (i) of this paragraph, the authorized agency must notify, in the form prescribed by OCFS, the person who will be the subject of an inquiry that the inquiry will be made to determine whether such person is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment.
3. (iii) Except as set forth in clause (a) of this subparagraph, an authorized agency may not permit a person hired by the authorized agency or a person who is employed by an individual, corporation, partnership or association which provides goods or services to the authorized agency to have contact with youth in the care of the supervised setting program prior to obtaining the result of the inquiry required by this subdivision.
  1. (a) An employee of an authorized agency or an employee of a provider of goods and services to the authorized agency may have contact with youth cared for by the supervised setting program prior to the receipt by the authorized agency of the result of the inquiry required by this subdivision only where such employee is visually observed or audibly monitored by an existing staff member of the authorized agency. Such employee must be in the physical presence of an existing staff member for whom:
    1. (1) the result of an inquiry required by section 424-a of the Social Services Law has been received by the authorized agency and the authorized agency hired the existing staff member with knowledge of the result of the inquiry; or
    2. (2) an inquiry was not made because such staff member was hired before the effective date of section 424-a of the Social Services Law.
4. (iv) When the person who is the subject of the inquiry is an applicant for employment, OCFS will charge a five-dollar fee when it conducts a search of its records within the Statewide Central Register of Child Abuse and Maltreatment to determine whether such applicant is the subject of an indicated report.
  1. (a) The required fee must either accompany the inquiry form submitted to OCFS or, for an inquiry submitted by a social services district, the district may elect to have the fee subtracted from its claims for reimbursement submitted pursuant to section 601.1 of this Title.
  2. (b) Fees must be paid by authorized agency business check, certified check, postal or bank money order, teller's check or cashier's check made payable to “New York State Office of Children and Family Services”. Personal checks and cash are not acceptable forms of payment.
5. (v) If the applicant, employee or other person about whom the authorized agency has made an inquiry is found to be the subject of an indicated report of child abuse or maltreatment, the authorized agency must determine, on the basis of information it has available and in accordance with guidelines developed and disseminated by OCFS, whether to hire, retain or use the person as an employee, volunteer or consultant, or to permit the person providing goods or services to have access to youth being cared for by the authorized agency. Whenever such person is hired, retained, used or given access to youth, the authorized agency must maintain a written record, as part of the application file or employment or other personnel record of such person, of the specific reason(s) why such person was determined to be appropriate and acceptable as an employee, volunteer, consultant, or provider of goods or services with access to youth being cared for by the supervised setting program.
6. (vi) If the authorized agency denies employment or makes a decision not to retain an employee, not to use a volunteer, not to hire a consultant, or not to permit a person providing goods or services to have access to youth being cared for by the supervised setting program, the authorized agency must provide a written statement to the applicant, employee, volunteer or consultant or other person indicating whether the denial or decision was based in whole or in part on the existence of the indicated report and, if so, reasons for the denial or decision. If the denial or decision was based in whole or in part on such indicated report, the statement must also include written notification, in the form prescribed by OCFS, to the applicant, employee, volunteer, consultant or other person that:
  1. (a) he or she has the right, pursuant to section 424-a of the Social Services Law, to request a hearing before OCFS regarding the record maintained by the Statewide Central Register of Child Abuse and Maltreatment;
  2. (b) the request for such a hearing must be made within 90 days of the receipt of the written notice indicating that the denial or decision was based on the existence of the indicated report; and
  3. (c) the sole issue at any such hearing will be whether the applicant, employee, volunteer, consultant or other person has been shown by a fair preponderance of the evidence to have committed the act or acts of child abuse or maltreatment giving rise to the indicated report.
7. (vii) If in a hearing held pursuant to a request made in accordance with subparagraph (vi) of this paragraph and section 424-a of the Social Services Law a decision issued by OCFS finds that there was a failure to show by a fair preponderance of the evidence that the applicant, employee, volunteer, consultant or other person committed the act or acts upon which the indicated report is based, OCFS will notify the authorized agency which made the inquiry that, pursuant to the hearing decision, the authorized agency's decision to deny the application, discharge the employee, not to use the volunteer or consultant, or not to permit the person providing goods or services to have access to youth being cared for by the authorized agency should be reconsidered. Upon receiving such notification from OCFS, the authorized agency should review its denial or other decision without considering the indicated report.
(5) Review of applicants.
1. (i) Each program under this section is required to check applicants for employment and volunteer positions as well as contractors and consultants, with the Register of Substantiated Category One Cases of Abuse or Neglect (staff exclusion list) maintained by the Vulnerable Persons’ Central Register (VPCR), as required by section 495 of the Social Services Law, before determining whether to hire or otherwise allow any person to be an employee, administrator, consultant, intern, volunteer or contractor who will have the potential for regular and substantial contact with a service recipient; or before approving an applicant for a license, certificate, permit or other approval to provide care to a service recipient.
  1. (a) If an applicant is listed on the staff exclusion list, a facility or provider agency as defined in section 488 of the Social Services Law shall not hire such a person for a position in which the person would have the potential for regular and substantial contact with a service recipient in any such facility or program or otherwise permit such person to have a position in which the person would have the potential for regular and substantial contact with a service recipient in any such facility or program. Other providers or licensing agencies as defined in subdivision (3) or (4) of section 424-a of the Social Services Law shall determine whether to hire or allow such a person to have regular or substantial contact with a service recipient in accordance with the provisions of subdivision (5) of section 424-a of the Social Services Law.
  2. (b) Any program that is required to conduct an inquiry pursuant to section 495 of the Social Services Law shall first conduct the inquiry required under such section. If the result of the inquiry under section 495 of the Social Services Law is that the person about whom the inquiry is made is on the staff exclusion list and the program is required to deny the application in accordance with article 11 of the Social Services Law, the facility or provider agency shall not be required to make an inquiry of the office under section 424-a of the Social Services Law.
2. (ii) If an applicant is not listed on the staff exclusion list, then a database check must be completed in accordance with section 424-a of the Social Services Law and this section.
3. (iii) Each program under this section is required by section 553 of the Executive Law, and subdivision 1 of section 378-a of the Social Services Law, to obtain criminal history background checks for certain prospective employees, volunteers or consultants through the Justice Center as authorized by article 20 of the Executive Law.
  1. (a) The Justice Center will review and evaluate the criminal history information for any person applying to be an operator, employee, or volunteer for whom a criminal background check is required by law at any facilities or provider agencies as defined in subdivision four of section 488 of the Social Services Law that are operated, licensed or certified by the Office of Children and Family Services.
  2. (b) If an applicant has been convicted of a crime, the agency must determine, in accordance with guidelines or regulations developed and disseminated by the Office of Children and Family Services or the Justice Center, whether to hire or use the person as an employee, or volunteer. If the agency determines it will hire or use the person, the agency must maintain a written record, as part of the application file or employment or other personnel record of such person, of the reason(s) why such person was determined to be appropriate and acceptable as an employee, volunteer or consultant.
4. (iv) A custodian, as defined in section 488 of the Social Services Law, shall be subject to immediate termination if he or she is convicted of any felony or misdemeanor as defined in the Penal Law, that relates directly to the abuse or neglect of a vulnerable person, or is placed on the staff exclusion list.
5. (v) At the commencement of employment, and annually thereafter, the agency must provide each staff employee a copy of the applicable Justice Center created or approved code of conduct required to read and to acknowledge that he or she has read and understands such code of conduct. Failure on the part of staff to acknowledge the code of conduct can result in disciplinary action including termination, consistent with appropriate collective bargaining agreements.
  (b) Physical facility requirements for supervised setting, except for college-owned housing.
(1) A safety checklist in a form and format prescribed by OCFS must be completed with the youth prior to initial placement in any supervised setting, with the exception of a setting classified as college-owned housing, and prior to any change in placement to another supervised setting, or at least annually thereafter.
(2) A supervised setting must be in an appropriate neighborhood and so located that it allows access to necessary services and adequate transportation.
(3) A supervised setting must be of sufficient size to provide proper accommodations for the youth placed in the setting and in compliance with all applicable State and local ordinances, rules, regulations and codes.
(4) A supervised setting must be kept in clean and sanitary condition and in good repair, and must provide for the reasonable comfort and well being of the youth.
(5) A supervised setting must be in compliance with all applicable state and local ordinances, rules, regulations and codes, including having a smoke detection system or individual smoke detectors and individual carbon monoxide detectors as required by applicable local codes and the New York State Uniform Fire Prevention and Building Code.
1. (i) Buildings used in whole or in part as a supervised setting must comply with all applicable laws, ordinances, rules, regulations and codes relating to buildings, fire protection, health and safety.
  1. (a) In addition to the above, the following requirements also apply if the supervised setting is a supervised independent living unit:
    1. (1) all areas of fire hazard in the supervised independent living unit must be protected by a sprinkler system or fire detection system, as those terms are defined in section 441.2 of this Title. Areas of fire hazard must be separated from other areas by construction having a fire resistance rating of at least one hour. An area of fire hazard means a heating equipment room; a woodworking shop; a paint shop; a storeroom for mattresses, furniture, paints and/or other combustible or flammable materials or liquids; and any other space or room exceeding 100 square feet in floor area where other combustible or flammable materials are regularly stored;
    2. (2) other than quantities of flammable materials necessary for the operation and maintenance of the supervised independent living unit, which must be kept in closed containers in storage cabinets, and fuel oil, which must be kept in oil storage tanks, flammable materials must not be stored in the supervised independent living unit.
2. (ii) All fire protection systems and equipment must be designed, installed, and maintained in accordance with the New York State Uniform Fire Prevention and Building Code. All fire protection systems and equipment must be inspected according to local and New York State building codes. A written report of such inspections must be kept on file by the authorized agency. All identified defects in systems or equipment must be corrected and re-inspected immediately. This inspection requirement does not apply to supervised settings that are located in private, owner-occupied buildings or college owned housing.
3. (iii) A supervised setting must be free from all conditions that constitute a hazard to the life, health or safety of any person. The following are prohibited:
  1. (a) portable electric space heaters or self-contained fuel-burning space heaters, unless specifically permitted by the authorized agency and plugged into a grounded outlet;
  2. (b) solid-fuel-burning, free-standing stoves, except where approved in writing by the authorized agency;
  3. (c) use of fuel-burning or electric “hot plates”;
  4. (d) illegal connections for gas appliances;
  5. (e) combustible or flammable containers for ashes;
  6. (f) the accumulation of combustible or flammable materials in any part of the unit;
  7. (g) damaged equipment, furnishings or physical plant, when their condition makes them unsafe for normal use;
  8. (h) broken plumbing or stopped sewers that are not promptly repaired;
  9. (i) any lead paint hazard or paint condition conducive to lead poisoning, as such term is defined in 10 NYCRR 67.1. Any building used in whole or in part as a supervised independent living unit occupied by a child six years of age or younger must be inspected to determine if it is presents such hazard. The authorized agency must request the local health department to perform such inspection and is responsible for correcting any hazard called to its attention as a result of such inspection. In the event that such request for inspection is rejected by the local health department, the authorized agency must notify OCFS immediately;
  10. (j) extension cords, unless approved in writing by the authorized agency; and
  11. (k) any other condition deemed hazardous by OCFS or the authorized agency;
  12. (l) in addition to the above, the following items are additionally prohibited if the supervised setting is a supervised independent living unit:
    1. (1) exposed steam pipes, heating pipes and radiators and unenclosed heating plants and equipment with which youth may come in contact;
    2. (2) use of materials containing asbestos in any construction, renovation or repair of any supervised independent living program where such construction, renovation or repair occurred on or after July 1, 1993;
    3. (3) any furniture, toys, or construction containing lead-based paint in any supervised independent living unit in which the youth lives with their child.
4. (iv) Fire extinguishers must be provided in each supervised setting and maintained in accordance with the New York State Uniform Fire Prevention and Building Code. Additionally, if the supervised setting is a supervised independent living unit the fire extinguishers must be wall mounted between two feet and four-and-one-half feet above the floor; all staff members and youth must be instructed in the proper operation of extinguishers; and in each unit there must be a minimum of one fire extinguisher on each floor and, additionally, one in the kitchen, one in the laundry room and one outside any heating equipment room.
5. (v) A supervised setting must have a minimum of two means of egress from the unit's floor that are readily accessible to the youth. For a window opening to qualify as a means of egress, it must be in compliance with all applicable state and local ordinances, rules, regulations and codes. A fully sprinklered building does not require a second means of egress. In addition, if the supervised setting is a supervised independent living unit, for the window opening to qualify as a means of egress, it must be at least 24 inches high and 20 inches wide with the bottom of the window no higher than three feet eight inches above the floor unless acceptable access is provided by steps or furniture fixed in place. An upper level window, to qualify as a means of egress, must also have a platform outside the window and a stair, permanently affixed to the building, leading to ground level.
6. (vi) Youth placed in a supervised setting that is a supervised independent living unit are not permitted to sleep above the second story in a building of type 5, wood frame construction (that type of construction in which the walls, partitions, floors and roof are wholly or partly of wood or other combustible materials) unless a fully approved operating fire protection and/or fire detection systems exists throughout the building including basement and attic areas. Youth of limited mobility and an unaccompanied child of parenting youth as such term is defined in section 441.2 of this Title are not permitted above the first story in a building of wood frame construction. A building of wood frame construction occupied by youth of limited mobility must be protected by a sprinkler system and the first story must be handicap accessible for youth of limited mobility and accommodate the needs of such youth.
7. (vii) All exit doors and means of egress, halls and stairs must be in compliance with all applicable state and local ordinances, rules, regulations and codes and must be well lighted and kept clean, free of obstruction and ready at all times for immediate use. In addition, if the supervised setting is a supervised independent living unit, battery-operated or generator-powered emergency lighting units or systems must be provided and maintained in accordance with the New York State Uniform Fire Prevention and Building Code.
8. (viii) An authorized agency must report promptly by telephone to OCFS the occurrence of any fire in any supervised setting, or within any building in which such authorized agency has approved or certified a supervised setting. This report must be made as soon as possible and in no event later than 24 hours after the fire, and the authorized agency must then confirm the occurrence of the fire by a written report to OCFS within 10 working days after the date of the fire. The written report must include:
  1. (a) the date and time of the fire;
  2. (b) the extent of personal injuries;
  3. (c) the extent of property damage;
  4. (d) the probable cause of the fire, if known;
  5. (e) which fire department responded;
  6. (f) whether youth were relocated, and, if so, where;
  7. (g) whether fire and smoke detection and alarm devices or systems operated properly;
  8. (h) whether evacuation procedures were followed;
  9. (i) the location of the fire;
  10. (j) a description of the progress of the fire, the manner in which the fire spread and what efforts were made and methods were used to combat the fire; and
  11. (k) any problems encountered with evacuation procedures, response by the fire department and ability of the fire department to combat the fire effectively.
9. (ix) All fireplaces and their chimneys in the supervised setting must be inspected and cleaned annually by a qualified person.
10. (x) The following additional requirements only apply if the supervised setting is a supervised independent living unit:
  1. (a) Each supervised independent living unit must be provided with emergency lights, such as flashlights or battery-operated lanterns, in good working order.
  2. (b) Each supervised independent living unit must have a plan for evacuation of the unit, posted in a conspicuous place on each floor level in the unit. The agency must maintain a diagram of the living unit's floor plan on file.
  3. (c) Youth and staff must be instructed in how to evacuate the building in which the supervised independent living unit is located. Newly admitted youth, newly hired staff and volunteers must be instructed in evacuation procedures as part of their orientation to the supervised independent living unit. Evacuation procedures must be reviewed quarterly with youth after placement.
  4. (d) Electrical wiring and equipment must comply with the New York State Uniform Fire Prevention and Building Code and any other applicable laws, ordinances, rules, regulations and codes. Certification of such compliance is required for all new supervised independent living units prior to opening and a record of such certification of compliance must be kept on file by the authorized agency. OCFS may require recertification of the safety of an electrical system in any supervised independent living unit where the electrical system appears to be unsafe or inadequate, or if new electrical work has been done.
  5. (e) Heating, ventilating and other mechanical systems must comply with the New York State Uniform Fire Prevention and Building Code and any other applicable laws, ordinances, rules, regulations and codes, and must be designed, installed, located and maintained so that under normal conditions of use such equipment and systems are not a danger to the health or welfare of youth or staff in the building in which the supervised independent living unit is located. Heating plants and equipment must be protected from tampering by youth.
  6. (f) Each authorized agency must request in writing an annual safety inspection of the buildings in which supervised independent living units are located and all fire protection equipment by local fire authorities and/or the authorized agency fire and casualty insurance carrier who must be requested to give the authorized agency a written report of their findings. An authorized agency is responsible for correcting any hazards called to its attention as a result of such inspection that could affect a supervised independent living unit in the building and for keeping a copy of the report and a written record of the action taken, with date, on file. An authorized agency must keep a copy of the written request for inspection and the response on file and must notify OCFS immediately in the event that such request for inspection is rejected by the local fire authorities or the authorized agency's fire and casualty insurance carriers.
(6) There must be an adequate and accessible supply of hot and cold water of safe quality in the supervised setting.
(7) The supervised setting must be effectively screened against flies and other insects.
(8) Temperature in the supervised setting must be maintained at a comfortable level according to New York State Fire Prevention and Building Codes.
(9) Adequate bathing, toilet and lavatory facilities must be provided in the supervised setting and must be kept in sanitary condition.
(10) Each youth must have a separate bed. Single bedrooms must comply with all applicable State and local ordinances, rules, regulations and codes.
(11) All habitable rooms must comply with all applicable State and local ordinances, rules, regulations and codes regarding room dimensions and ceiling clearances.
(12) The kitchen must comply with all applicable State and local ordinances, rules, regulations and codes.
(13) Every sleeping room occupied by youth must have a source of natural light and ventilation, and must have one or more windows facing directly to the outside.
(14) No bed may be located in an unfinished attic, unfinished basement or other space commonly used for other than bedroom purposes and all sleeping areas must comply with all applicable State and local ordinances, rules, regulations and codes.
(15) Separate and accessible drawer space for personal belongings, and sufficient closet space for indoor and outdoor clothing, must be available for individual youth.
(16) Supervised settings which are a supervised independent living units and that provide housing to parenting youth and their children must comply with the following additional conditions:
1. (i) no peeling or damaged paint or plaster may be present;
2. (ii) access to outdoor play space must be available;
3. (iii) radiators and piping accessible to children must be covered or have a barrier to protect children;
4. (iv) porches, decks, and stairways must have railings with a barrier to prevent children from falling;
5. (v) adequate barriers to prevent children from gaining access to unsafe, dangerous or hazardous areas or devices, such as fireplaces, wood burning stoves, gas space heaters, pools, spa pools, hot tubs, and second floor and above windows, must be provided;
6. (vi) protective caps, covers, or permanently installed obstruction devices on all electrical outlets accessible to children must be present;
7. (vii) all matches, lighters, medicines, drugs, cleaning material, detergents, aerosol cans, beauty aids, and poisonous or toxic materials and plants must be safely stored and must be used in such a way that they will not contaminate play surfaces, food and food preparation areas, or constitute a hazard to children, and other such materials must be kept in a place inaccessible to children;
8. (viii) hand bags, backpacks, briefcases, plastic bags, toys and objects small enough for children to swallow must not be accessible to children; and
9. (ix) each child must have a separate bed or crib, as appropriate.
(17) Children of different genders above the age of four years may not sleep in the same room unless otherwise deemed appropriate by the authorized agency responsible for operating or certifying the supervised independent living unit, except that a parenting youth may sleep in the same room as their children.
(c) Services.
(1) At initial entry to a supervised setting program and at least on a quarterly basis and thereafter, an authorized agency operating an approved supervised setting program must conduct a diligent and ongoing effort to establish adult permanency resources available to the youth; including identification and engagement of all kinship supports and resources who may contribute positively to the youth.
(2) Supervised setting programs must include but are not limited to the following service components to provide youth with opportunities to demonstrate and achieve positive outcomes and make successful transitions to adulthood:
1. (i) a diligent and ongoing effort to actively involve the youth in identifying, establishing, and maintaining connections, as well as fostering relationships with adult permanency resources who will continue to provide support and guidance to the youth prior to and following discharge from foster care;
2. (ii) preventive health care and programs to provide the youth with an understanding of appropriate health and behavioral health care literacy, including but not limited to navigation of medical systems, routine health care standards and non-routine or emergency/urgent care experiences, including accessing preventive health care in their community when available, which may include but are not limited to sexual and reproductive health and where relevant, parenting skills;
3. (iii) employment skills/training opportunities and the development of work ethics, including services that develop a youth’s ability to find, apply for and retain appropriate employment as well as employment programs/vocational training that help youth gain experience and skills in a specific field or profession;
4. (iv) educational support, including secondary academic services designed to help a youth complete high school or complete classes for the New York State high school equivalency exam and/or post-secondary services designed to help a youth enter or complete a college or vocational program;
5. (v) housing support, including working with the youth to look for, secure and maintain stable housing;
6. (vi) budgeting and financial literacy skills, including but not limited to an assessment of the youth’s income and expenses to prepare for self-sufficiency;
7. (vii) home management skills, including but not limited to shopping, cooking and maintaining the living environment;
8. (viii) access to community resources/community linkages, including but not limited to medical, mental health, youth development, civic, social and other supports that provide the youth knowledge and awareness of their neighborhood/community;
9. (ix) positive youth development;
10. (x) necessary developmentally appropriate services, as determined based on an assessment of the needs of the individual youth;
11. (xi) preparation for discharge and the transition to self-sufficiency;
12. (xii) parenting skills, healthy pregnancy skills, child development education and any other individualized and developmentally appropriate training deemed necessary for a parenting youth and their child; and
13. (xiii) ongoing comprehensive assessment of life skills for each individual youth and for pregnant or parenting youth life skills specific to their needs.
(3) Supervised settings that house a parenting youth and a child of a parenting youth unit, as defined in section 427.2 of this Title, or a youth who may be pregnant, must also meet the following criteria:
1. (i) The authorized agency staff and pregnant or parenting youth must maintain current first-aid and CPR training certification.
2. (ii) The pregnant or parenting youth in placement must have a plan that includes developmentally appropriate childcare for the child and is established in consultation with authorized agency staff.
3. (iii) The authorized agency must make available to pregnant or parenting youth and their children services to support the youth’s ability to parent effectively and to support the developmental needs of the youth and the family.
4. (iv) Additionally, if the supervised setting is a supervised independent living unit, no more than two children under two years of age may be cared for in the supervised independent living unit.
  (d) Other conditions for participation in supervised setting programs.
(1) Youth who participate in the supervised setting program must be at least 16 years of age and not more than 21 years of age.
(2) Such youth must have a readiness assessment completed with them prior to initial placement in a supervised setting or prior to a change in placement; this requirement does not apply to youth placed in a college-owned housing.
(3) The supervised setting program must comply with applicable discharge planning requirements set forth in the Part 428 and section 430.12(f) of this Title.
(4) As required by section 428.7 of this Title, a plan amendment must be documented and approved by the social services district with case management responsibility for the child within 30 days of discharge of the child from foster care.
(5) Prior to the transfer of a youth in foster care to a supervised setting program, the local district which has care and custody or custody and guardianship of the child, or, for a youth in the custody of OCFS, OCFS, must give written approval of the transfer. This written requirement does not apply to youth placed in college-owned housing.
(6) Health supervision, medical and dental care must be provided to each youth in accordance with section 441.22 of this Title.
(7) The educational, vocational and recreational needs of youth must be met. Opportunities to explore higher education and financial aid information and support must be made available to the youth as appropriate.
(8) Each supervised independent setting must have facilities that will enable youth to prepare meals. The authorized agency must support the youth in maintaining sufficient quantities of good quality, properly prepared food specific to the dietary needs of the youth. This requirement does not apply if the supervised setting is college-owned housing with communal meal space.
(9) Youth must have individual toilet articles for personal grooming and hygiene that are safe and age and developmentally appropriate.
(10) Youth must have appropriate seasonal clothing in sufficient quantity. Clothing must be kept clean and in good repair.
(11) Youth must be provided regular and ongoing opportunities to engage in age or developmentally-appropriate activities, in accordance with the requirements of the reasonable and prudent parenting standard.
(12) Supervised setting programs must be in compliance with all applicable provisions of State and local laws, ordinances, rules and regulations concerning health, safety and nondiscrimination.

(a) Personnel.