Section 29-2522. SUSPENSION OF INDIVIDUALS AND FAMILIES IN SHELTER AND SUPPORTIVE HOUSING

 

2522.1If a client fails or refuses to comply with the Provider’s Program Rules and the client responsibilities listed in section 2514, or engages in any of the behaviors listed in subsection 2523.1(b), the Provider may suspend services to the client for an appropriate period of time in light of the severity of the act or acts leading to the suspension, but in no case for a period longer than thirty (30) days.

 

2522.2A Provider may suspend a client from shelter, supportive housing, or supportive services only when:

 

(a) The client has received proper notice of the Program Rules, including client responsibilities, and prohibited behaviors;

 

(b)  The Provider has made a good faith effort to enable the client to comply with the Program Rules so that the client is able to continue receiving services without suspension; and

 

(c)The Provider has made a reasonable effort, given the severity of the situation, to transfer the client to another Provider within the Continuum of Care as set forth in subsection 2523.1(d).

 

2522.3A Provider may not suspend adult individuals or adult family members in a manner that results in minor children or dependent adults being left unattended in a shelter or supportive housing unit.

 

2522.4A Provider shall give written and oral notice to clients of their suspension from services at least fifteen (15) days before the effective date of the suspension, except for a suspension of supportive services for a period shorter than ten (10) days.  For suspension of supportive services for a period shorter than ten (10) days, the Provider shall, at a minimum, give oral notice and document such notice to the client in the client’s file.

 

2522.5A Provider’s written notice to a client of his or her suspension shall include:

 

(a)  A clear statement of the beginning and end date of the suspension;

 

(b) A clear and detailed statement of the factual basis for the suspension, including the date or dates on which the basis or bases for the suspension occurred;

 

(c) A reference to the statute, regulation, or Program Rule pursuant to which the suspension is being implemented;

 

(d) A clear and complete statement of the client’s rights to appeal the suspension through a fair hearing and administrative review, including deadlines for instituting the appeal; and

 

(e)A statement of the client’s right to continuation of shelter or supportive housing services pending the outcome of any fair hearing requested within fifteen (15) days after receipt of written notice of a suspension of such services.

 

2522.6Providers may not use the suspension authority provided under this section in any way that interferes with a client’s tenancy rights under a lease agreement governed by title 14 of the District of Columbia Municipal Regulations.

 

authority

The Director of the Department of Human Services (DHS or Department), pursuant to the authority set forth in section 31 of the Homeless Services Reform Act of 2005 (HSRA or Act), effective October 22, 2005 (D.C. Law 16-35, D.C. Official Code § 4-756.02 (2008 Repl.)), and Mayor’s Order 2006-20, dated February 13, 2006.

source

Notice of Emergency and Proposed Rulemaking published at 57 DCR 6438 (July 23, 2010)[EXPIRED]; as amended by Notice Emergency Rulemaking published at 57 DCR 11353 (November 26, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 3007 (April 8, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 7442, 7466 (August 19, 2011).