6148362 Human Services, Department of - Notice of Final Rulemaking - Amending Chapter 25 of Title 29 DCMR to establish rules to implement the provisions of the LGBTQ Homeless Youth Reform Amendment Act of 2014

DEPARTMENT OF HUMAN SERVICES

 

NOTICE OF  FINAL RULEMAKING

 

The Director of the District of Columbia (District) Department of Human Services (Department), pursuant to the authority set forth in Section 31(b) of the Homeless Services Reform Act of 2005 (HSRA), effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-756.02 (2012 Repl.)), Mayor’s Order 2014-177, dated July 23, 2014, and Mayor’s Order 2006-20, dated February 13, 2006, hereby gives notice of the intent to adopt the following amendments to Chapter 25 (Shelter and Supportive Housing for Individuals and Families) of Title 29 (Public Welfare) of the District of Columbia Municipal Regulations (DCMR). 

 

The purpose of the amendments is to establish rules to implement the provisions of the LGBTQ Homeless Youth Reform Amendment Act of 2014 (“Act”), effective May 3, 2014, (D.C. Law 20-100; D.C. Official Code § 4-756.02(b) (2012 Repl. & 2016 Supp.)), including but not limited to data collection requirements, training requirements, and grant making requirements.  Specifically, the proposed amendments establish: (1) data collection requirements; (2) training requirements for service providers; and (3) grant-making requirements for issuing grants for ten (10) emergency shelter beds for lesbian, gay, bisexual, transgender, and questioning (LGBTQ) homeless youth. The proposed amendments also include: (1) requirements for homeless service providers’ implementation of best practices and staff training for the culturally competent care of this population; (2) data collection during the annual Point-in-Time count to include data collection regarding sexual orientation and gender identity; (3) guidelines  for services, shelter, and housing designed to better serve the needs of LGBTQ clients to establish a minimum number of crisis shelter beds for this population; and (4) authorization of grant-making authority and establishment of a grant program within the District’s Office of Lesbian, Gay, Bisexual, Transgender and Questioning Affairs to train providers to effectively assist this population.

 

The Notice of Emergency and Proposed Rulemaking (Rulemaking) with respect to these amendments were published in the D.C. Register on March 18, 2016, at 63 DCR 4119.  The Department did not receive any comments from the public concerning the rulemaking during the thirty (30)-day comment period, and no changes have been made to the text of the rulemaking since they were published as emergency and proposed.  Pursuant to Section 31 of the HSRA (D.C. Official Code § 4-756.02), the proposed rules were submitted to the Council of the District of Columbia (Council) on March 8, 2016 for a forty-five (45)-day review period, excluding Saturdays, Sundays, legal holidays, and days of Council recess.

 

As the forty-five (45)-day review period, excluding Saturdays, Sundays, legal holidays, and days of Council recess, expired without action by the Council to approve or disapprove the proposed rules, the proposed rules have been deemed approved.  These rules were adopted as final on May 26, 2016, and shall take effect upon publication of this final rulemaking in the D.C. Register. 

 

Chapter 25, SHELTER AND SUPPORTIVE HOUSING FOR INDIVIDUALS AND FAMILIES, of Title 29 DCMR, PUBLIC WELFARE, is amended as follows:

 

Section 2501, GENERAL ELIGIBILITY CRITERIA FOR SHELTER AND SUPPORTIVE HOUSING, is amended by adding new Subsections 2501.3 through 2501.5 to read as follows:

 

2501.3             The Department or its designee shall provide the following for each individual seeking services:

 

(a)                An overview of the shelter's policies in regards to the protection of residents based upon actual or perceived sexual orientation and gender identity;

 

(b)               The opportunity for the individual to disclose whether he or she requests special placement or care based on safety concerns due to actual or perceived sexual orientation status or gender identity; and

 

(c)                The opportunity to disclose, voluntarily and only following a discussion of the shelter's policies and accommodations for LGBTQ populations and ability to safeguard confidential information, the individual's sexual orientation and gender identification and expression; provided that the intake worker and all staff shall conduct this discussion in a culturally competent manner.

 

2501.4             In determining what would be an appropriate referral, the Department or its designee shall consider relevant factors, including:

 

(a)                Prior receipt of services;

 

(b)               Disability;

 

(c)                Family size;

 

(d)               Affordability of housing;

 

(e)                Age; and

 

(f)                Whether an individual is an LGBTQ homeless youth.

 

2501.5             The Department or its designees shall enter information detailed in § 2501.4 into HMIS.

 

Section 2512, CLIENT RIGHTS, is amended by adding new Subsections 2512.20 through 2512.24 to read as follows:

 

2512.20           Clients shall have the right to choose LGBTQ-specific accommodations and services if available or non-LGBTQ-specific accommodations and services.

 

2512.21           Clients shall have the right to receive information from the Department or Providers regarding LGBTQ-specific accommodations and services.

 

2512.22           Clients shall have the right to express their gender identity through their chosen attire, hairstyle, and mannerisms while using Department services.

 

2512.23           Clients served within the Continuum of Care shall have the right to be treated in all ways in accordance with the individual's gender identity and expression, including:

 

(a)                Use of gender-specific facilities including restrooms, showers, and locker rooms;

 

(b)               Being addressed in accordance with the individual's gender identity and expression;

 

(c)                Having documentation reflect the individual's gender identity and expression;

 

(d)               Being free from dress codes that are in conflict with the individual's gender identity and expression;

 

(e)                Confidentiality of information regarding the individual's gender identity  and expression; and

 

(f)                Being free from discrimination in the provision of health care and mental health services related to the individual's gender identity and expression.

 

2512.24           Families shall not be separated based on sexual orientation, gender expression, or gender nonconformity of any members of the family.

 

Section 2515, PROVIDER STANDARDS FOR SHELTER AND SUPPORTIVE HOUSING, is amended by adding new Subsections 2515.24 through 2515.27 to read as follows:

 

2515.24           Providers shall publicly display information regarding the ability to seek redress under the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01, et seq.), as amended.

 

2515.25           Providers shall develop a system for reporting bullying and harassment in accordance with Youth Bullying Prevention Act of 2012, effective September 14, 2012 (D.C. Law 19-167; D.C. Official Code §§ 2-1535.01, et seq.), as amended.

 

2515.26           Providers shall ensure that all homeless service workers, including intake workers, direct service staff, contractors, and volunteers, direct service staff managers, and direct service staff supervisors, shall be trained by the District’s Office of Lesbian, Gay, Bisexual, Transgender and Questioning Affairs or its designee in cultural competence with regard to the LGBTQ population, including but not limited to, the following:

 

(a)                Vocabulary and definitions relevant to LGBTQ clients;

 

(b)               Information about how to communicate with clients about sexuality, sexual orientation, and gender identity;

 

(c)                Information about the Department’s nondiscrimination policy and discrimination complaint process;

 

(d)               Best practices for data collection, privacy, storage, and use;

 

(e)                Confidentiality policies and practices;

 

(f)                Current social science research and common risk factors for LGBTQ youth;

 

(g)               Information about the coming out process, its impact on LGBTQ youth, and how to address a youth who self-discloses his or her sexual or gender identity (e.g., offering support, engaging in conversation as appropriate, locating appropriate services);

 

(h)               Best practices for supporting LGBTQ clients in shelter, housing, and supportive services, including but not limited to information on community resources available to serve LGBTQ clients;

 

(i)                 Suicide awareness and prevention; and

 

(j)                 Legal requirements for providers and homeless service workers for homeless youth.

 

2515.27           Providers of shelter or supportive housing for LGBTQ homeless youth shall implement research-based family acceptance interventions that are designed to educate families on the impact of rejection towards their LGBTQ children and negative outcomes for LGBTQ youth associated with rejection, including depression, suicidal behavior, drug use, and unprotected sex. Family acceptance interventions may include individual and family sessions, assessment tools, and resources for families that promote acceptance by parents and positive well-being and development of LGBTQ youth.

 

Section 2521, TRANSFER OF INDIVIDUALS AND FAMILIES IN SHELTER AND SUPPORTIVE HOUSING, is amended by amending Subsection 2521.2 to read as follows:

 

2521.2             A Provider may transfer a client to another Provider to ensure the client receives the most appropriate services available within the Continuum of Care whenever:

 

(a)        The client consents to the transfer, including a transfer requested by the client;

 

(b)        The Provider identifies and secures for the client a placement with another Provider that more appropriately meets the client’s medical, mental health, behavioral, or rehabilitative service needs in accordance with the client’s Service Plan. If the client is being transferred because of domestic violence or other urgent need, the Provider shall expedite the transfer; or

 

(c)        The client is a non-LGBTQ-identified youth occupying a bed established pursuant to Section 28(c)(1) of the HSRA (D.C. Official Code § 4-755.01(c)(1)) and an LGBTQ-identified homeless youth has presented a need for shelter; and

 

(d)       For purposes of this subsection, a more appropriate placement may include transfer to a different level of service or type of program based on the circumstances upon which the transfer is based, including a transfer when the facility or program in which the client is currently receiving services is ending operations.

 

New Sections 2562 and 2563 are added to read as follows:

 

2562                LGBTQ HOMELESS YOUTH SHELTER BED GRANT PROGRAM

 

2562.1             In accordance with Section 28(c) of the Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-755.01(c)) (HSRA), as amended, a minimum of ten (10) beds shall be maintained for LGBTQ homeless youth through a two (2)-year grant program to establish and maintain facilities for these beds.

 

2562.2             All grants awarded under this section shall be issued in accordance with the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code §§ 1-328.11, et seq.), as amended.

 

2562.3             LGBTQ-identified homeless youth shall have priority preference for the beds established through the two (2)-year grant program.

 

2562.4             If beds are not in use by an LGBTQ-identified homeless youth, they may be filled by a non-LGBTQ-identified homeless youth until an LGBTQ-identified homeless youth presents the need for a bed and the non-LGBTQ-identified homeless youth has been transferred pursuant to § 2521.2.

 

2562.5             Eligibility criteria for the grant program shall include but not be limited to the following:

 

(a)                Be community organizations based in the District;

 

(b)               Have expertise in systems of care for LGBTQ homeless youth; and

 

(c)                Establish or maintain facilities through these grants that protect the safety of LGBTQ homeless youth through facilities that are specifically for LGBTQ youth and separate from any existing homeless services for the general population.

 

2562.6             Prior to award of grant funding and in accordance with § 2562.2, the Department or its designee shall issue a Request for Application (RFA) and Notice of Funding Availability (NOFA) through the District’s Office of Partnerships and Grant Services for the two (2)-year grant program.

 

2562.7             The RFA for the two (2)-year grant program shall include but not be limited to information regarding the following:

 

(a)                The Funding Opportunity Title;

 

(b)               The Funding Opportunity Number;

 

(c)                The target population of the grant program;

 

(d)               Eligible organizations/entities for grant awards;

 

(e)                The award period;

 

(f)                The grant award amount or amounts;

 

(g)               The use of grant funds;

 

(h)               The point of contact for additional information and updates regarding the application process; and,

 

(i)                 The deadline date for applications.

 

2562.8             Subsequent to announcement and issuance of the RFA and in accordance with § 2562.2, the Department or its designee shall host a pre-application conference to inform applicants about the application process for the two (2)-year grant program.

 

2562.9             At least thirty percent (30%) of the grant funding shall be allocated to support proposals received for social innovation and other demonstration projects that may address the needs of this population with new, promising prevention and service-delivery models; provided that the number of beds established for LGBTQ youth is no lower than ten (10).

 

2562.10           This section shall be repealed  if the Interagency Council on Homelessness determines that the needs of LGBTQ homeless youth are being met at a rate equal to or higher than the needs of homeless youth in the general population of the District of Columbia pursuant to Section 5(b-1) of the HSRA (D.C. Official Code § 4-752.02 (b-1)).

 

2563                LGBTQ YOUTH SERVICES AND DATA COLLECTION

 

2563.1             Homeless services provided by the Department or its designee shall include services specifically designed to alleviate the high risk of homelessness faced by LGBTQ youth.

 

2563.2             Year-round data collection on homeless youth and the annual Point-in-Time survey required by the U.S. Department of Housing and Urban Development shall include data regarding the sexual orientation and gender identity of each individual counted, subject to the individual's discretion to decline to provide that information.

 

2563.3             Services provided by the Department or its designee as well as data collection regarding sexual orientation and gender identity conducted pursuant to the annual Point-in-Time survey shall apply best practices for serving LGBTQ youth.

 

Section 2599, DEFINITIONS, § 2599.1, is amended by adding the following terms and definitions in alphabetical order:

 

LGBTQ – a person who self-identifies as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression.

 

Youth – a person who is under twenty-four (24) years of age.