900.15 Penalties for non-compliance by social services districts.
(a) Reimbursement of a social services district for the costs of the district's operating a facility providing shelter and services to homeless families, either directly or indirectly, or for payments made to a facility operator for the provision of shelter and services to homeless families, will be subject to withholding or denial when a facility providing such care fails to comply with the requirements of State or local laws, regulations and codes as specified in section 900.5(a) of this Part including the applicable provisions of this Part, or with the terms of its operational plan.
(b) Notification. The department must notify the district of all violations of the provisions of this Part prior to denying reimbursement.
(c) Funds to be denied. If violations have not been corrected within 30 days from the date the district received notice of the violations, or within any lesser period ordered by the department pursuant to section 900.14(g) of this Part, or an acceptable plan for correction is not submitted pursuant to section 900.14(f) of this Part, or notice that the district has not certified a facility in accordance with section 900.14(e) of this Part, or that the district has not complied with the requirements of section 900.3(e) of this Part, or that the district has not met the performance standards as outlined in this section, the department may withhold or deny reimbursement beginning the 31st day after such notice, or the day following the expiration of any lesser period ordered by the department pursuant to section 900.14(g) of this Part, and continuing until the department notifies the district in writing that the facility is in compliance with this Part. Reimbursement may be withheld or denied as follows:
(1) up to 100 percent of the Federal and State reimbursement for allowable expenses for each nonconforming facility;
(2) in districts having three or more shelters for families, where more than 40 percent of the district's shelters for families are concurrently subject to penalty pursuant to this section, up to 100 percent of the Federal reimbursement and up to 50 percent of the State reimbursement for total allowable expenses for all shelters in the district;
(3) up to 100 percent of the federal and State reimbursement per family per month for those families continuously residing in approved tier II facilities in excess of 9 months, on or after October 15, 1993, and in excess of 6 months on or after October 15, 1994.
(4) up to $1,000 per family for each family which fails to meet any of the threshold performance standards as follows:
(i) 95 percent of the families residing in a tier II facility for at least 10 days will have their service needs assessed within that time period as provided by section 900.10(1)(c)(1)(i) of this Part; or
(ii) 95 percent of the families residing in a tier II facility for at least 10 days will have a mutually agreed upon service plan developed within that time period as provided by section 900.10(1)(c)(1)(i) of this Part; or
(iii) 95 percent of the families residing in a tier II facility over 10 days will meet with facility staff every two weeks to have their service plans reviewed and revised as necessary as provided by section 900.10(1)(c)(ii) of this Part; or
(iv) 95 percent of the school age children residing in a tier II facility will be enrolled in school within 10 days of admission as provided by 900.3(b)(1)(x) of this Part; or
(v) 95 percent of the families which have a service need which has been identified in the families' service plans will be given a referral to an appropriate service provider within 30 days of the assessment of the need as provided in 900.10(c)(4) and 900.10(c)(2)(ii) of this Part. The service needs which if addressed will facilitate families' return to permanent housing include but are not limited to: education/employment; domestic violence; substance/alcohol abuse; mental health; and child abuse and neglect.
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