[Hpn] re: NH Shelter rights and rules per NCROP request today

under-the-bridge@juno.com under-the-bridge@juno.com
Thu, 19 Dec 2002 21:21:43 -0800


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I was on a conference call meeting  today with the NCH Civil Rights Work
Group and the Grassroots
Organizing Committee and it was asked if I would send these rules out as
NH is the first state to have such rules in place. So please forgive me
if I am repeating myself. cindy www.under-the-bridge.org 
 
It was a long struggle to get these in place. We had specific examples
and testimony  as to  why such rules were needed. Now in place, a person
using services at least has a grievance procedure. 
this copy was reprinted from Under The Bridge Street news NH
I have not yet found an active link to the rules but you can obtain hard
copy through contact info.
NH Shelter Rules 
Your Rights,
You Have Right To Know
Statutory Authority NH RSA 126:A: 31 (Means this is the NH law that gives
the right for rules to be made.)
Chapter He-M 300 Rights
Part He-M 314 Right of Persons Using Emergency Shelters* (*In
understandable terms)
(for complete chapter contact State office of DHHS Behavioral Health,
Homeless and Housing Unit at 105 Pleasant St, Concord NH 03301 or call
(603)271-5000)

He-314.01 Purpose
To define the rights of homeless persons that are applicable to emergency
shelters, which receive funding from the State of NH. (UTB note: There
are 41 State funded shelters in NH you could very likely be in one of
them).

He-314.02 Definitions
Emergency Shelter is defined as: any facility in which the primary
purpose is to provide temporary shelter for homeless individuals and
families. It does not include “transitional housing” which provide
housing as well as educational or rehab services to residents for at
least 6 months.

Homeless means: someone that lacks fixed regular and adequate night time
residence or that lives in a shelter, welfare hotel, congregate shelter
or Someone that lives in an institution that provides a temporary
residence that is not part of the penal (prison) system or someone that
sleeps in a public or private place that is not for the use of sleeping
accommodations for human beings (woods, under bridges, parks, alleys,
cellars, attics, bus station, etc.)

Shelter Services means: Provided the following: adequate bedding and
mattress,(no sleeping on the floor, stairs or hallways) basic food at no
cost to the resident, soap and hot water for personal hygiene and first
aid when necessary . A shelter may decide to provide assistance with
finding permanent housing; medical and mental health counseling and
supervision; employment counseling; nutrition counseling; substance abuse
intervention, treatment and counseling; assistance with obtaining other
federal, state and local assistance. (Case management) and other services
as it relates to self-sufficiency: child care, job placement, training;
transportation.

Specialized facility means an emergency shelter designed to serve a
particular portion of the population: domestic violence victims, persons
with mental illness, families with children, addicts, veterans and other
like groups that share common ground for services.

He-M 314.03 What shelters must do to inform you of your rights
In a language you understand, every shelter must tell you, the resident/s
about your rights under He-M 314 and notify you how to file a grievance
within the shelter and if you request it, they must give you a written
copy of the grievance procedure. They must also hang in a public and
permanent place a notice of rights and any house rules and they must also
tell you what these rights and rules are. Each program/shelter must have
complete copies of rules these and client rights that are available to
you for you review if you request them.

He-M 314.04 Fundamental Rights
You cannot be denied any legal right to which all citizens of the U.S.
.Are entitled:
At the least, freedom of religion, the right not to be discriminated
against in any manner because of race, color, sex, sexual orientation,
religion, national origin, age, physical or metal disability as provided
in NH RSA 354-A:17 and 42 USC Sec. 3601
He-M 314.05 Personal rights
You must be treated with respect and dignity regardless of the reasons
that you came to the shelter or for services. Staff and volunteers cannot
abuse, neglect or exploit you. (Mistreat, forget to serve, ignore you or
your needs, take advantage of you) Residents have the right to have
anything in their records keep confidential and you and your situation
can only be discussed to other people when you give your permission, *Or
as it is required by law.

*As required by law means: a shelter employee may disclose information
about you if they need to report a crime committed at the shelter. They
may also talk about you to an employee of another shelter, that you may
be moving to or have applied to if you committed an act of violence or
threatened violence on the shelter property with the last 72 hours.

You have a right to privacy such as knocking on closed doors before
entering; the right to send and receive unopened and uncensored mail, the
right to have reasonable access to a phone for things related to job
searches, housing, medical appointments and other related matters,
(shelters are not required to provide phones for personal calls, to
friends family etc.) you may be required to pay for long distance calls.

You have the right to be free from searches, except searches that are
made under constitutional and legal standards, routine screening or
scanning for weapons upon entering the shelter. And you cannot be the
only one being searched, they must search everyone, otherwise it may be
discrimination.

Cold and Severe Weather Rules
No emergency shelter can make residents stay outside any part of the day
from October 1st to April 30th, unless reasonable arrangements are made
to use alternative indoor site, which is available while shelter is
closed. They must also let you in during severe weather between May 1st
and September 30th, unless they provide an alternative site.

He-M 314.06 Admission
If you are eligible for this particular shelter, you cannot be turned
away if there is beds or rooms available, (except as in He-314.07)
Shelters must be able to approve admission to shelter at least during 18
hours of each day. 7 days a week. A shelter can make you wait to enter
until the evening hours when they are open except when weather rules
apply. At least, they must admit you to a bed when the shelter is open
during evening hours and only at other hours if they have staff
available. You cannot be turned away from a shelter because you do not
have money to pay or you do not have another agency that is willing to
pay for you. Shelters may set up a sliding scale fee, which allows some
people who are currently unemployed or lack funds, to still have shelter.
At the time of admission, shelters have to tell you what the daily fee
is, if any and what you will be charged. These fees must be structured so
that they don’t affect your ability to go into permanent housing.

He-M 314.07 Denial of admission or termination of service
You may be denied shelter for these 3 reasons:
1. if the shelter lacks space; 2. if it is a special shelter and you do
not fit the population they serve; or 3. if you pose a direct threat to
the health and safety of others in the shelter and the shelter is unable
to provide you with a reasonable adjustment, which would end the risk of
direct threat. When a person is denied admission on this basis, the
shelter may contact the police for protective custody or other services.

Whenever a person is denied admission to a shelter, the shelter is
supposed to advise you of the reasons for denial and make every effort to
locate and alternative shelter And inform you of the shelters grievance
process, if the denial is for any reason other than lack of space or
failure to meet the shelters admission criteria Shelters must maintain a
log of people they have denied and of persons that have been told to
leave and the reasons. And the log will be forwarded to the division of
Behavioral Health upon request.

A person may be asked to leave a shelter for the following reasons:
if you engage in a behavior which threatens the health and safety of
others, or if you pose a direct threat to yourself; you may also be asked
to leave if you are intoxicated or under the influence of illegal drugs
or if you are extremely disruptive to the use of enjoyment of the shelter
by other residents; if you steal or destroy property of the shelter or
other residents. (If you deny an allegation of the previous statement and
you file a grievance you should not be required to leave unless the
police arrests you or the allegation is proved to be true after a review
of the shelters internal grievance procedure).

Whenever someone is asked to leave, the shelter will make a written
record, which contains the following information: A full description of
the your behavior that made the shelter ask you to leave; the names of
the person’s that were affected by your behavior; if you were asked to
leave because it was believed you were intoxicated or under the influence
of illegal substances, the record must have a staff person’s explanation
for believing that you were under the influence. And the staff member
that witnessed the event must sign the record. If a staff person did not
witness the behavior that results in you being asked to leave, staff must
investigate the allegation and in the record it will name the staff
person that did the investigation.

No one should be asked to leave because they have been at the shelter too
long. Emergency shelters must report to the division of behavioral health
when someone’s stay exceeds one year.

--Boundary_(ID_waCC5Pboz7xW+8JoCYybKA)
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<DIV>I was on a conference call meeting &nbsp;today with the NCH Civil Rights 
Work Group and the Grassroots<BR>Organizing Committee and it was asked if I 
would send these rules out as NH is the first state to have such rules in place. 
So please forgive me if I am repeating myself. cindy <A 
href="http://www.under-the-bridge.org">www.under-the-bridge.org</A> 
<BR>&nbsp;</DIV>
<DIV>It was a long struggle to get these in place. We had specific examples and 
testimony&nbsp; as to &nbsp;why such rules were needed. Now in place, a person 
using services at least has a grievance procedure. </DIV>
<P>this copy was reprinted from Under The Bridge Street news NH</P>
<P>I have not yet found an active link to the rules but you can obtain hard copy 
through contact info.</P>
<P><STRONG>NH Shelter Rules </STRONG></P>
<P><STRONG>Your Rights,</STRONG><B><BR><STRONG>You Have Right To 
Know</STRONG></B></P>
<P><STRONG>Statutory Authority NH RSA 126:A: 31 (Means this is the NH law that 
gives the right for rules to be made.)</STRONG></P>
<P><STRONG>Chapter He-M 300 Rights</STRONG><B><BR><STRONG><U>Part He-M 314</U> 
Right of Persons Using Emergency Shelters*</STRONG></B> (*In understandable 
terms)<BR>(for complete chapter contact State office of DHHS Behavioral Health, 
Homeless and Housing Unit at 105 Pleasant St, Concord NH 03301 or call 
(603)271-5000)<BR><BR><U>He-314.01</U> <STRONG>Purpose</STRONG><BR>To define the 
rights of homeless persons that are applicable to emergency shelters, which 
receive funding from the State of NH. (UTB note: There are 41 State funded 
shelters in NH you could very likely be in one of them).<BR><BR><U>He-314.02</U> 
<STRONG>Definitions</STRONG><BR><STRONG><I>Emergency Shelter</I></STRONG> is 
defined as: any facility in which the primary purpose is to provide temporary 
shelter for homeless individuals and families. It does not include &#8220;transitional 
housing&#8221; which provide housing as well as educational or rehab services to 
residents for at least 6 months.<BR><BR><STRONG><I>Homeless</I></STRONG> means: 
someone that lacks fixed regular and adequate night time residence or that lives 
in a shelter, welfare hotel, congregate shelter or Someone that lives in an 
institution that provides a temporary residence that is not part of the penal 
(prison) system or someone that sleeps in a public or private place that is not 
for the use of sleeping accommodations for human beings (woods, under bridges, 
parks, alleys, cellars, attics, bus station, etc.)<BR><BR><STRONG><I>Shelter 
Services</I></STRONG> means: Provided the following: adequate bedding and 
mattress,(no sleeping on the floor, stairs or hallways) basic food at no cost to 
the resident, soap and hot water for personal hygiene and first aid when 
necessary . A shelter <STRONG>may</STRONG> decide to provide assistance with 
finding permanent housing; medical and mental health counseling and supervision; 
employment counseling; nutrition counseling; substance abuse intervention, 
treatment and counseling; assistance with obtaining other federal, state and 
local assistance. (Case management) and other services as it relates to 
self-sufficiency: child care, job placement, training; 
transportation.<BR><BR><STRONG><I>Specialized facility</I></STRONG> means an 
emergency shelter designed to serve a particular portion of the population: 
domestic violence victims, persons with mental illness, families with children, 
addicts, veterans and other like groups that share common ground for 
services.<BR><BR><U>He-M 314.03</U> <STRONG>What shelters must do to inform you 
of your rights</STRONG><BR>In a language you understand, every shelter must tell 
you, the resident/s about your rights under He-M 314 and notify you how to file 
a grievance within the shelter and if you request it, they must give you a 
written copy of the grievance procedure. They must also hang in a public and 
permanent place a notice of rights and any house rules and they must also tell 
you what these rights and rules are. Each program/shelter must have complete 
copies of rules these and client rights that are available to you for you review 
if you request them.<BR><BR><U>He-M 314.04</U> <STRONG>Fundamental 
Rights</STRONG><BR>You cannot be denied any legal right to which all citizens of 
the U.S. .Are entitled:<BR>At the least, freedom of religion, the right not to 
be discriminated against in any manner because of race, color, sex, sexual 
orientation, religion, national origin, age, physical or metal disability as 
provided in NH RSA 354-A:17 and 42 USC Sec. 3601</P>
<P><U>He-M 314.05</U> <STRONG>Personal rights</STRONG><BR><STRONG>You must be 
treated with respect and dignity</STRONG> regardless of the reasons that you 
came to the shelter or for services. Staff and volunteers cannot abuse, neglect 
or exploit you. (Mistreat, forget to serve, ignore you or your needs, take 
advantage of you) Residents have the right to have anything in their records 
keep confidential and you and your situation can only be discussed to other 
people when you give your permission, *Or as it is required by 
law.<BR><BR>*<U>As required by law means</U>: a shelter employee may disclose 
information about you if they need to report a crime committed at the shelter. 
They may also talk about you to an employee of another shelter, that you may be 
moving to or have applied to if you committed an act of violence or threatened 
violence on the shelter property with the last 72 hours.<BR><BR><STRONG>You have 
a right to privacy</STRONG> such as knocking on closed doors before entering; 
the right to send and receive unopened and uncensored mail, the right to have 
reasonable access to a phone for things related to job searches, housing, 
medical appointments and other related matters, (shelters are not required to 
provide phones for personal calls, to friends family etc.) you may be required 
to pay for long distance calls.<BR><BR><STRONG>You have the right to be free 
from searches</STRONG>, except searches that are made under constitutional and 
legal standards, routine screening or scanning for weapons upon entering the 
shelter. And you cannot be the only one being searched, they must search 
everyone, otherwise it may be discrimination.<BR><BR><STRONG>Cold and Severe 
Weather Rules</STRONG><BR><STRONG>No emergency shelter can make residents stay 
outside any part of the day from October 1st to April 30th</STRONG>, unless 
reasonable arrangements are made to use alternative indoor site, which is 
available while shelter is closed. They must also let you in during 
<STRONG>severe weather between May 1st and September 30th</STRONG>, unless they 
provide an alternative site.<BR><BR><U>He-M 314.06</U> 
<STRONG>Admission</STRONG><BR><STRONG>If you are eligible for this particular 
shelter, you cannot be turned away if there is beds or rooms available</STRONG>, 
(except as in He-314.07) Shelters must be able to approve admission to shelter 
at least during 18 hours of each day. 7 days a week. A shelter can make you wait 
to enter until the evening hours when they are open except when weather rules 
apply. At least, they must admit you to a bed when the shelter is open during 
evening hours and only at other hours if they have staff available. <STRONG>You 
cannot be turned away from a shelter because you do not have money</STRONG> to 
pay or you do not have another agency that is willing to pay for you. Shelters 
may set up a sliding scale fee, which allows some people who are currently 
unemployed or lack funds, to still have shelter. At the time of admission, 
shelters have to tell you what the daily fee is, if any and what you will be 
charged. These fees must be structured so that they don&#8217;t affect your ability to 
go into permanent housing.<BR><BR><U>He-M 314.07</U> <STRONG>Denial of admission 
or termination of service</STRONG><BR><STRONG>You may be denied shelter for 
these 3 reasons:</STRONG><BR><STRONG>1.</STRONG> <EM>if the shelter lacks 
space</EM>; <STRONG>2.</STRONG> <EM>if it is a special shelter and you do not 
fit the population they serve</EM>; or <STRONG>3.</STRONG> <EM>if you pose a 
direct threat to the health and safety of others</EM> in the shelter and the 
shelter is unable to provide you with a reasonable adjustment, which would end 
the risk of direct threat. When a person is denied admission on this basis, the 
shelter may contact the police for protective custody or other 
services.<BR><BR>Whenever a person is <STRONG>denied admission</STRONG> to a 
shelter, the shelter is supposed to <STRONG>advise you of the reasons for denial 
and make every effort to locate and alternative shelter And inform you of the 
shelters grievance process</STRONG>, if the denial is for any reason other than 
lack of space or failure to meet the shelters admission criteria Shelters must 
maintain a log of people they have denied and of persons that have been told to 
leave and the reasons. And the log will be forwarded to the division of 
Behavioral Health upon request.<BR><BR><STRONG>A person may be asked to leave a 
shelter for the following reasons:</STRONG><BR>if you engage in a behavior which 
threatens the health and safety of others, or if you pose a direct threat to 
yourself; you may also be asked to leave if you are intoxicated or under the 
influence of illegal drugs or if you are extremely disruptive to the use of 
enjoyment of the shelter by other residents; if you steal or destroy property of 
the shelter or other residents. (If you deny an allegation of the previous 
statement and you file a grievance you should not be required to leave unless 
the police arrests you or the allegation is proved to be true after a review of 
the shelters internal grievance procedure).<BR><BR><STRONG>Whenever someone is 
asked to leave, the shelter will make a written record</STRONG>, which contains 
the following information: <STRONG>A full description of the your 
behavior</STRONG> that made the shelter ask you to leave; <STRONG>the names of 
the person&#8217;s that were affected by your behavior</STRONG>; if you were asked to 
leave because it was believed you were intoxicated or under the influence of 
illegal substances, the record must have a <STRONG>staff person&#8217;s explanation 
for believing that you were under the influence</STRONG>. And the staff member 
that witnessed the event must sign the record. <STRONG>If a staff person did not 
witness</STRONG> the behavior that results in you being asked to leave, 
<STRONG>staff must investigate the allegation and in the record it will name the 
staff</STRONG> person that did the investigation.<BR><BR><STRONG>No one should 
be asked to leave because they have been at the shelter too long.</STRONG> 
Emergency shelters must report to the division of behavioral health when 
someone&#8217;s stay exceeds one year.</P>
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