SubTitle17b-800-1_17b-800-7. Emergency Shelter Services, Title17b Social Services, Regulations of Connecticut State Agencies

Regulations of Connecticut State Agencies (Last Updated: June 14,2023)

Title17b Social Services

SubTitle17b-800-1_17b-800-7. Emergency Shelter Services

Sec. 17b-800-1. Definitions

Latest version.

As used in sections 17b-800-1 to 17b-800-7, inclusive, of the Regulations of Connecticut State Agencies:

(1) “Applicant” means a public or private organization or agency that has submitted an emergency shelter grant application to the Department of Social Services;

(2) “Client” means a homeless individual eighteen years of age or over, homeless family or emancipated minor, who is in need of and requests emergency shelter services;

(3) “Commissioner” means the Commissioner of Social Services;

(4) “Dangerous weapon” means any instrument, article or substance that is capable of causing death or serious bodily injury;

(5) “Department” means the Department of Social Services;

(6) “Emergency” means a situation in which immediate action must be taken to meet the needs of individuals or families who do not have sufficient resources to secure shelter;

(7) “Emergency shelter” means housing in a single, accessible location that provides, at a minimum, sleeping and bathroom facilities for homeless individuals and families in a facility that meets local building, health, fire, safety and handicapped persons access codes and zoning requirements. “Emergency shelter” does not include residential treatment centers for drug or alcohol abuse, youth shelters, halfway houses or transitional living programs;

(8) “Emergency shelter services” means the social, health, educational, legal, financial and related services that an emergency shelter operator provides to clients. “Emergency shelter services” does not include the operation of residential treatment centers for drug or alcohol abuse, youth shelters, halfway houses or transitional living programs;

(9) “Grant application” means a request for funds to develop, maintain or renovate an emergency shelter or provide emergency shelter services;

(10) “Grantee” means an emergency shelter that receives department funding for the provision of emergency shelter services;

(11) “Homeless” means lacking a fixed, regular and adequate nighttime residence;

(12) “Operator” means an applicant, or an applicant’s designee, responsible for the on-site management and operation of an emergency shelter or the administration of emergency shelter services;

(13) “Physical assault” means a willful touching of a person by another person with intent to do harm with any instrument, article or substance, or any portion of the body, and shall include the attempted use of a dangerous weapon by one person against another; and

(14) “Threat” means a verbal or physical expression of an intent to harm, or otherwise cause bodily injury to another person or to damage property.

(Effective February 1, 1993; Transferred from § 17-590-1, June 28, 2013; Amended June 28, 2013)

Sec. 17b-800-2. Application process

Latest version.

(a) In order to receive department funding for emergency shelter services, an applicant shall submit, biannually or more frequently based upon a schedule established by the department, an application that includes:

(1) Evidence of demand for emergency shelter services at a proposed or existing shelter location;

(2) Evidence of the applicant’s administrative and managerial capability to establish and operate an emergency shelter or provide emergency shelter services in a sensitive, humane and cost effective manner;

(3) Evidence of the applicant’s ability to collect and submit client data for the department’s homeless management information system;

(4) the following written information:

(A) An organizational chart and by-laws of the organization;

(B) Written operating and admission policies;

(D) House rules;

(E) A description of emergency shelter staffing, whether paid or volunteer, that indicates a minimum staff to client ratio of one staff member per twenty-five clients;

(F) A description of the emergency shelter services that the applicant will provide;

(G) A description of the physical facility including location; accessibility to transportation, health, social and related services; type and size of building; access for disabled persons; any available parking area; space allocation for shelter activities and shelter capacity;

(H) Evidence of compliance with local zoning ordinances, local building codes and state fire and health regulations;

(I) Schedule of the daily operation of the emergency shelter and services offered;

(J) Completed departmental budget forms; and

(K) If applicable, a report on the number of grievances filed pursuant to the shelter grievance procedure, the reasons for each grievance, and the disposition of each grievance;

(5) Operating policies that comply with sections 17b-800-4 and 17b-800-5 of the Regulations of Connecticut State Agencies.

(6) Grievance procedures that comply with sections 17b-800-6 and 17b-800-7 of the Regulations of Connecticut State Agencies.

(b) The commissioner may, at the commissioner’s discretion, accept, reject or modify any grant request. The commissioner’s decision may not be appealed.

(c) The department shall notify an applicant in writing of the acceptance or rejection of an application not later than sixty days after the department receives the application.

(Effective February 1, 1993; Transferred from § 17-590-2, June 28, 2013; Amended June 28, 2013)

Sec. 17b-800-3. Financing and program review

Latest version.

(a) The department shall allocate funds pursuant to a contract that sets forth the specific conditions under which the grant is awarded.

(b) Sections 17b-800-1 through 17b-800-7, inclusive, of the Regulations of Connecticut State Agencies comprise the minimum standards of eligibility for department funding. Meeting the minimum requirements does not guarantee that an applicant or grantee will receive department funding, nor that funding will be provided in subsequent fiscal years.

(d) The grantee shall submit periodic program and progress reports to the department and shall maintain records of the use of the grievance procedure. Such records shall be available to the department for review upon request.

(e) The department shall, at least annually, review and evaluate the performance of each grantee. Such reviews and evaluations may include an examination of the grantee’s documents and reports, site visits by department staff, or both. Such reviews and evaluations shall also include a review of:

(1) The grantee’s compliance with sections 17b-800-1 through 17b-800-7, inclusive, of the Regulations of Connecticut State Agencies and the terms and conditions of its contract; and

(2) The grantee’s financial reports to the department and the grantee’s annual audit.

(f) If the department determines that the grantee has failed to meet its obligations under subdivisions (1) and (2) of subsection (e) of this section, the department may place the grantee on probation or, when the failure is serious or repeated, terminate its contract.

(Effective February 1, 1993; Transferred from § 17-590-3, June 28, 2013; Amended June 28, 2013)

Sec. 17b-800-4. Operating policies of shelters

Latest version.

(a) An emergency shelter receiving department funding shall adhere to an admissions policy that includes the following requirements:

(1) The shelter shall not discriminate in the acceptance of clients on the basis of race, creed, color, religion, national origin, ancestry, sex, sexual orientation, gender identity or expression, marital status, age or disability and shall not reject clients on the basis of past conduct unconnected to the shelter or shelter program, except that a shelter serving homeless families shall not admit a person who is listed on the registry of sex offenders maintained pursuant to chapter 969 of the Connecticut General Statutes;

(2) The shelter shall maintain a process for screening all persons entering the shelter for obvious signs of illness, injury or intoxication from drugs or alcohol, and a process for referring those exhibiting such signs to an appropriate facility;

(3) The shelter shall ensure that any policy concerning a search of a person prior to admission is conducted so that the search does not unduly infringe upon the privacy rights of the individual;

(4) The shelter shall keep a confidential record of all clients admitted, referrals made, and services offered and the number of individuals who are refused admittance and the reasons for refusal, except in the case of refusal because of insufficient beds, in which case the shelter shall keep a record of the number of people turned away;

(5) The shelter shall not deny access to a client due to the client’s inability to pay a fee; and

(6) The shelter shall establish a procedure for the release of information concerning a client who is listed on the registry of sexual offenders maintained pursuant to chapter 969 of the Connecticut General Statutes to a law enforcement officer in accordance with subsection (b) of section 17b-800 of the Connecticut General Statutes.

(b) House rules:

(1) The house rules shall be posted in a conspicuous location in a public area of the facility. Each client seeking admission to a shelter shall sign a form provided by the shelter indicating that the client was advised of the house rules and the penalties of violating the rules, and that the client agrees to abide by the rules. This form shall be part of the client’s case file. The rules shall be clear, explicit and administered fairly. The house rules shall include the penalty for infringement of house rules. The penalty shall be clearly stated and enforced equally among the shelter’s clients. The house rules and their penalties shall be periodically reviewed by the shelter, with input from shelter clients. Copies of the shelter’s house rules and any subsequent revision thereof shall be made available to staff and clients and shall be provided to the department.

(2) House rules shall be reasonable, and shall address, at a minimum, the following:

(A) Daily schedule;

(B) Permitted length of stay and conditions under which extensions shall be granted;

(D) Bed reservation or daily reapplication;

(E) Bathing;

(F) Laundry facilities;

(G) Meals, if served;

(H) Safe storage of client food supplies;

(I) Services offered;

(J) Supervision and discipline of children;

(K) Duties expected of clients;

(L) A description of policies covering violent or disruptive behavior;

(M) Privacy and confidentiality;

(N) Fire evacuation and safety procedures;

(O) Use and handling of prescribed medication;

(P) Use or possession of alcohol, drugs or weapons;

(Q) Visits from people who are not shelter clients;

(R) Access to telephones;

(S) Arrangements for safekeeping of client financial interests and personal belongings;

(T) Policies for group meetings of clients;

(U) Provisions for mail distribution; and

(V) Access to medical services.

(1) Shall not be suspended or expelled from the shelter except for good cause;

(2) Shall be afforded hearings on grievances in accordance with sections 17b-800-6 and 17b-800-7 of the Regulations of Connecticut State Agencies;

(3) Shall be offered decent, safe, and sanitary shelter;

(4) Shall have shelter or shelter service matters pertaining to the client kept confidential;

(5) Shall have access, directly or through the client’s designated representatives, to the client’s shelter or shelter service records;

(6) Shall be treated by staff with consideration, respect, and dignity and without physical or mental abuse; and

(7) Shall be entitled to equal application of shelter or shelter services rules.

(Effective February 1, 1993; Transferred from § 17-590-4, June 28, 2013; Amended June 28, 2013)

Sec. 17b-800-5. Expulsion and suspension of shelter clients

Latest version.

(a) All rules and policies of the shelter, including the shelter’s grievance procedures, shall be posted in a conspicuous place and shelter clients shall be given a copy upon request. The shelter’s grievance procedures shall include information on how to initiate the grievance process and shall also include a clear notice to clients identifying the house rules that carry a penalty of suspension or expulsion if violated, and, if applicable, the length of any suspension.

(b) All rules and policies shall be written in plain language and, when feasible, translated for clients who do not speak English. If the shelter has reason to believe a client is illiterate, the shelter shall provide the rules and procedures orally.

(c) A client shall not be expelled or suspended, except for good cause. Good cause includes, but is not limited to, the following kinds of events:

(1) Violations, after a warning, of posted house rules that seriously or materially impede the operation of a shelter;

(2) Behavior that poses a threat to the health or safety of other clients, shelter staff, or other people on the premises of the shelter, or to the physical property of the clients or the shelter or anyone on the premises of the shelter. This may include the possession or use of illegal drugs or alcohol;

(3) Violations, after a warning, of case plans or contracts, when the client has committed in writing to follow such plan or contract;

(4) Expiration of a defined length of stay, unless, according to the shelter’s own rules, the client qualifies for an extension;

(5) Theft or destruction of property in or on the grounds of the shelter; or

(6) Sexual harassment or sexual activity in violation of shelter rules.

(d) Except as provided in subsection (e) or (f) of this section, as applicable, if a shelter client violates a rule or policy that might lead to suspension or expulsion:

(1) The client shall receive written and oral notice of the infraction prior to suspension or expulsion. This notice shall state the consequences of having violated the rule or regulation; and

(2) The client shall have an opportunity to request the review of this decision through the shelter grievance procedure prior to the suspension or expulsion. The notice in subdivision (1) of this subsection shall inform the client of his or her rights to a grievance review and how to request a grievance review.

(e) In cases where the behavior of the client poses a threat to the health or safety of other clients, shelter staff, or anyone on the grounds of the shelter, or to the physical property of the clients of the shelter or anyone on the premises of the shelter, the client may be suspended or expelled without any prior warning, or the prior opportunity for a hearing under the shelter grievance procedure. A staff person who has decided to expel or suspend a client shall, whenever possible, consult with an impartial staff person on whether the decision is appropriate.

(f) A client may be suspended without prior warning or a prior opportunity for a hearing if he or she poses a threat to the health of other clients, shelter staff or anyone on the grounds of the shelter because the client is reasonably believed to be infected with a disease that is easily spread through casual contact or by airborne means only if:

(1) Contamination with the disease could cause serious health problems for others;

(2) The shelter does not have adequate means to isolate the infected clients; and

(3) The shelter, if possible, has attempted to place the client in an alternative facility.

(g) Behavior that constitutes a threat to health and safety shall be defined by the shelter and shall include, but not be limited to, the following:

(1) Possession, distribution, or use of illegal drugs or alcohol;

(2) Possession of a dangerous weapon;

(3) Physical assault or the threat of physical violence when there is reason to believe such a threat indicates a genuine possibility of actual physical assault directed at anyone in or on the grounds of the shelter; and

(4) Arson or attempted arson.

(h) The shelter shall clearly identify the infractions that can lead to suspension or expulsion without prior notice or a prior hearing in the notice provided under subsection (a) of this section.

(i) The client shall have an opportunity to have any decision to expel or suspend him or her reviewed under the shelter grievance procedure. The burden shall be on the shelter to show that the client was in violation of the shelter rules. In the case of expulsion or suspension under subsection (e) or (f) of this section, as applicable, the review may be conducted after expulsion or suspension.

(j) Any client who is suspended or expelled shall, whenever possible, be given information on any other facilities available to him or her, and the name and phone number of the person to contact at any appropriate public agency.

(k) If the expelled or suspended client was originally placed at the shelter by a state agency, that agency shall be informed of the expulsion or suspension within one business day.

(Effective February 1, 1993; Transferred from § 17-590-5, June 28, 2013; Amended June 28, 2013)

Sec. 17b-800-6. Shelter grievance procedures

Latest version.

(a) Each shelter shall create a shelter grievance procedure. The shelter shall consult with clients of the shelter when creating the grievance procedure.

(b) The shelter grievance procedure shall be available to any client who is aggrieved by any adverse action including, but not limited to, suspension or expulsion. The shelter grievance procedure shall also be available to an individual who has been initially refused admittance.

(1) Unless an extension of time is agreed to by both parties, the grievance review shall take place within three business days of the request for a review, except that, in the case of someone who is suspended or expelled without a prior opportunity for a hearing, the grievance review shall take place by the next business day if the client is placed in an alternative facility pending the review, or within twenty-four hours of the suspension or expulsion if no other placement is available, or later if an extension of time is requested by the client;

(2) The grievance review shall be conducted by an impartial person who has the authority to modify, affirm or reverse the decision that is being grieved;

(3) The client may be represented by any person of his or her choosing;

(4) The client shall be allowed to review, confront and refute any evidence relied upon in any decision relating to the grievance, by any appropriate means including, but not limited to, the use of witnesses.

(5) Any decision shall be in writing, shall be based on the evidence presented at the review, and shall explain the parties’ rights to an appeal, pursuant to section 17b-800-7 of the Regulations of Connecticut State Agencies.

(d) As used in this section and section 17b-800-7 of the Regulations of Connecticut State Agencies, an impartial person shall be any person, including an employee of the shelter, who did not take part in the decision or procedure which is being grieved.

(Effective February 1, 1993; Transferred from § 17-590-6, June 28, 2013; Amended June 28, 2013)

Sec. 17b-800-7. Appeal panels

Latest version.

(a) Any decision of a grievance review may be appealed to:

(1) A panel of three people, consisting of a shelter client or former client, a shelter staff person or a member of the board of directors, and another person not employed by the shelter or receiving shelter services. The panel chairperson shall be the person not employed by the shelter or receiving shelter services; or

(2) An appeal panel consisting of one impartial person who is mutually agreeable to both parties.

(b) The shelter shall maintain a list of people in each of the above categories, to be updated as necessary, and shall select a person from each list for each grievance review. All panel members shall be impartial.

(d) An appeal shall take place within five business days of the request for a hearing. Other than cases falling under subsection (e) or (f) of section 17b-800-5 of the Regulations of Connecticut State Agencies, as applicable, a decision to suspend or expel shall be stayed pending the appeal.

(e) The chairperson shall have overall administrative responsibility for conducting the appeal hearing. The chairperson shall:

(1) Instruct the other panel members on procedures prior to the hearing;

(2) Ensure that the hearing is conducted in an orderly manner;

(3) Afford all parties the opportunity to present information fully; and

(4) Permit parties to question each other when it is appropriate to do so.

(f) A simple majority vote of the panel shall be sufficient to render a decision.

(g) The decision of the panel to reverse, modify or affirm the decision of the shelter shall be sent in writing to all parties involved within ten days of the hearing and shall be binding.

(Effective February 1, 1993; Transferred from § 17-590-7, June 28, 2013; Amended June 28, 2013)