Section 29-2524. EMERGENCY TRANSFER, SUSPENSION, OR TERMINATION OF INDIVIDUALS AND FAMILIES FROM SHELTER AND SUPPORTIVE HOUSING

 

2524.1 A Provider may immediately transfer, suspend, or terminate a client, without providing prior written notice of the action, whenever a client presents an imminent threat to the health or safety of the client or any other person on a Provider’s premises.  For purposes of this section, imminent threat to the health or safety means an act or credible threat of violence on the premises of a shelter or supportive housing facility.

 

2524.2 Providers may not use the emergency transfer, suspension, or termination authority provided under this section in any way that interferes with a client’s tenancy rights under an agreement governed by title 14 of the District of Columbia Municipal Regulations.

 

2524.3The Provider shall consider the severity of the act or acts leading to the imminent threat when deciding whether to proceed with an emergency transfer, suspension, or termination of the client.  Providers are encouraged, when appropriate, to try to diffuse the situation by such means as separation, mediation, or non-emergency transfer, suspension, or termination, if feasible, as an alternative to or prior to taking an emergency action. 

 

2524.4If necessary to meet the terms of a protective order, the client against whom another party has a protective order may be transferred under the emergency transfer provisions of this section.

 

2524.5Whenever a Provider transfers, suspends, or terminates a client pursuant to the emergency provisions of this section, the Provider shall endeavor to provide the client with written notice.

 

2524.6If it is not possible or safe to provide written notice at the time of the action, a subsequent written notice shall be provided to the client within fifteen (15) days, or, if the client’s whereabouts are unknown, upon request within ninety (90) days after the emergency action taken. 

 

2524.7Written notice to the client of an emergency transfer, suspension, or termination shall include:

 

(a)  A clear statement of the emergency action;

 

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

 

(c) A reference to the statute or regulation pursuant to which the emergency action is being implemented;

 

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

 

(e)A statement that no client transferred, suspended, or terminated because of an imminent threat to health or safety shall have the right to request mediation of the action or to continue to receive shelter or supportive housing services without change pending appeal; and

 

(f)The name and contact information of the designated Department employee responsible for reviewing the proposed emergency action.

 

2524.8The Provider shall immediately notify the Department of the emergency action by sending a copy of the written notice of emergency transfer, suspension, or termination to the designated Department employee.  For purposes of this subsection, “immediately” shall mean as soon as reasonably possible after the incident.  At a minimum, the Provider, in its notification to the Department, shall include:

 

(a)  The identity of the client who was transferred, suspended, or terminated on an emergency basis;

 

(b)  The nature, date, and time of the emergency action taken by the Provider, including the name of the staff person present when the underlying incident occurred or who is otherwise most knowledgeable of the circumstances leading to the emergency action;

 

(c)  The Provider staff member authorizing the emergency transfer, suspension, or termination; and

 

(d)  The specific act or acts leading to the emergency transfer, suspension, or termination.

 

2524.9The Department shall issue a written finding of whether the emergency action complies with the statutory requirements of D.C. Official Code § 4-754.38 (2008 Repl.) within twenty-four (24) hours of receiving notification from a Provider of an emergency transfer, suspension, or termination. 

 

2524.10 In reaching its finding, the Department may make a brief inquiry into the facts and circumstances of the emergency action, including interviews with any party, if additional details or clarifications are needed.  The requirement that a decision be made within twenty-four (24) hours of receipt of the notice of emergency transfer, suspension, or termination, however, precludes a comprehensive fact-finding or inquiry.

 

2524.11The Department shall issue its written finding on a Emergency Action Compliance Finding form and send it to the Provider and to the client or client representative, if requested, by facsimile, electronic mail, or other immediate form of transmission.

 

2524.12The Provider shall deliver or attempt to deliver a copy of the Emergency Action Compliance Finding form to the client as soon as reasonably possible after receipt of the form from the Department.  If the client’s whereabouts are unknown, the Provider shall retain a copy of the Emergency Action Compliance Finding form and deliver it to the client if and when the opportunity arises.

 

2524.13The Provider shall document in the client’s file its delivery or its attempt at delivery of the Emergency Action Compliance Finding form to the client. 

 

2524.14If the Department makes a finding that the emergency action complies with D.C. Official Code § 4-754.38 (2008 Repl.), the Provider’s decision will stand, subject to appeal by the client through the fair hearing process.

 

2524.15If the Department makes a finding that the emergency action does not comply with D.C. Official Code § 4-754.38 (2008 Repl.), the Provider shall immediately reinstate the client’s access to services.  The Provider shall  promptly notify the Department that the client was reinstated to services by completing the appropriate section of the Emergency Action Compliance Finding form and sending a copy to the Department as soon as practicable, but no later than twenty-four (24) hours after receipt of the Department’s finding.

 

2524.16The Provider shall make every reasonable effort to contact the client regarding reinstatement to enable the client to have shelter or housing at the earliest possible time.

 

2524.17The client shall make every reasonable effort to stay in touch with the Provider pending the Department’s finding, in order to be available to receive the Department’s finding and notification of reinstatement, should the Department find the action is not in compliance.

 

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, 7470 (August 19, 2011).