[Hpn] Fw: NH Dept of Health and Human Services response to inquiry

under-the-bridge@juno.com under-the-bridge@juno.com
Mon, 30 Dec 2002 15:04:23 -0800


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I got the live link for shelter rules here. regarding NCH Grassroots and
civil rights organizing projecty conversation. Hope it helps.
cindy


http://www.gencourt.state.nh.us/rules/he-m300.html

He-M 314.02 Definitions. The words and phrases used in this chapter shall
have the following meaning:
(a) "Emergency shelter" means any facility, the primary purpose of which
is to provide temporary shelter for homeless individuals or families. The
term "emergency shelter" does not include transitional housing designed
to provide housing as well as educational or rehabilitative programs and
services for a person or family for at least 6 consecutive months.
(b) "Homeless" means:
(1) An individual or family that lacks a fixed, regular, and adequate
nighttime residence; or
(2) An individual or family that has a primary nighttime residence that
is:
a. A supervised publicly or privately operated shelter designed to
provide temporary living accommodations, including:
1. Welfare hotels; and
2. Congregate shelters;
b. An institution other than a penal facility that provides temporary
residence for individuals intended to be institutionalized; or
c. A public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation for human beings.
(c) "Shelter services" means:
(1) Provision of the following:
a. Adequate bedding and mattress;
b. Basic food at no cost to the resident;
c. Soap and hot water for personal hygiene; and
d. First aid; and
(2) Additional services the shelter elects to provide, including:
a. Assistance in obtaining permanent housing;
b. Medical and psychological counseling and supervision;
c. Employment counseling;
d. Nutritional counseling;
e. Substance abuse intervention, treatment and counseling;
f. Assistance in obtaining other federal, state, and local assistance;
and
g. Other services related to obtaining self-sufficiency such as:
1. Child care;
2. Transportation;
3. Job placement; and
4. Job training.
(d) "Specialized facility" means an emergency shelter designed solely to
serve the needs of homeless members of an identifiable group including:
(1) Victims of domestic violence;
(2) Persons with mental illness;
(3) Families with children;
(4) Persons with substance abuse problems; and
(5) Other groups of homeless people with similar therapeutic,
rehabilitative, or programmatic needs.
Source. #7405, eff 11-21-00

He-M 314.03 Notice of Rights.
(a) In clearly understandable language, each emergency shelter shall
provide persons entering the shelter with a verbal summary of their
rights and responsibilities pursuant to He-M 314, notification of how to
access the shelter's grievance procedures, and, upon request, a written
copy of the grievance procedure.
(b) A notice of rights and any house rules shall be permanently posted in
a public area of the shelter and be presented in clearly understandable
language and form.
(c) Each program and residence shall have on the premises complete copies
of rules pertaining to client rights that are available for client
review.
Source. #7405, eff 11-21-00
He-M 314.04 Fundamental Rights.
(a) No emergency shelter program shall deprive a person receiving
emergency shelter services in New Hampshire of any legal right to which
all citizens of the state and the United States are entitled.
(b) The legal rights protected shall include, at a minimum:
(1) The right of freedom of religion and religious preference, including
the right to be free from engaging in any religious activity or practice;
and
(2) The right to not be discriminated against in any manner because of
race, color, sex, sexual orientation, religion, national origin, age, or
physical or mental disability, as provided in RSA 354-A:17 and 42 USC
Sec. 3601.
Source. #7405, eff 11-21-00
He-M 314.05 Personal Rights.
(a) Persons who are requesting or receiving emergency shelter services
shall be treated by emergency shelter staff with dignity and respect
regardless of the circumstances which brought them to the program.
(b) Staff and volunteers of an emergency shelter shall not abuse, neglect
or exploit shelter residents.
(c) Residents shall have the right to have information in their records
treated as confidential and disclosed by staff to third parties only as
permitted by the resident, required by law, or allowed in accordance with
(e) below.
(d) Any provisions of He-M 314 that conflict with RSA 173-C:1 shall not
apply.
(e) A shelter employee may disclose:
(1) To law enforcement personnel that information necessary to report a
crime committed at the shelter; and
(2) To an employee of another shelter:
a. The fact that a resident committed a violent act or threats of
violence within the last 72 hours while on shelter premises; and
b. The circumstances of such acts or threats.
(f) Residents of an emergency shelter shall have the right to privacy
including the following:
(1) The right to courtesies such as knocking on closed doors before
entering;
(2) The right to send and receive unopened and uncensored 
correspondence;
(3) The right to have reasonable access to a telephone with such privacy
as shelter arrangements allow, provided that:
a. Residents may be required to pay for long distance calls; and
b. Calls shall only be made for the following reasons:
1. Searching for a job;
2. Making medical appointments;
3. Searching for housing; or
4. Other similar matters related to the affairs of the resident.
(4) The right to be free from searches of their persons and possessions,
except that:
a. Searches shall be conducted only in accordance with applicable
constitutional and legal standards;
b. Residents may be subjected to routine screening or scanning for
detection of concealed weapons upon entering the shelter; and
c. The policies and practices regarding such searches shall be uniformly
applied to all shelter residents.
(g) No emergency shelter shall exclude residents for any part of the day,
from October 1 through April 30, unless reasonable arrangements are made
for residents to use an alternative indoor site which is available for
residentsí use while the shelter is closed. From May 1 through September
30, residents shall not be excluded during severe weather without an
adequate indoor alternative.
Source. #7405, eff 11-21-00
He-M 314.06 Admission.
(a) No eligible person, regardless of previous place of residence, shall
be denied admission to a shelter if beds or rooms are available.
(b) An emergency shelter shall have the ability to approve admission of
eligible applicants at least 18 hours per day and 7 days per week. A
shelter may defer entry to the facility until the facility opens for the
night except as provided in He-M 314.05 (g).
(c) A shelter shall, at a minimum, admit an eligible applicant to an
available bed during the shelterís posted evening hours. A shelter shall
admit an eligible applicant at other hours if staff resources permit.
(d) No person seeking admission to an emergency shelter shall be denied
access for lack of funds to pay for shelter nor required to receive
approval of a third party payor or intermediary.
(e) Shelters may establish a sliding fee scale that allows provision of
shelter at no cost to persons who are currently unemployed and lack other
means of financial support.
(f) At the time of admission, shelters shall advise residents of the
daily fee, if any, the resident will be charged.
(g) Shelter fees, paid by residents, shall be structured so as not to
inhibit transition into permanent housing.
Source. #7405, eff 11-21-00
He-M 314.07 Denial of Admission and Termination of Service.
(a) A request for admission to a shelter may be denied if the individual
requesting services poses a direct threat to the health or safety of
others in the shelter and the shelter is unable to provide a reasonable
accommodation which would eliminate the risk of direct threat. When a
person is denied admission on this basis, the shelter may contact the
local police department.
(b) A request for admission to a shelter shall be denied if the shelter
lacks space to house the applicant.
(c) A request for admission to a shelter may be denied if the shelter is
a specialized facility and the person seeking shelter is not a member of
the special population for which the shelter is designed.
(d) For any person who is denied admission to a shelter, the shelter
shall:
(1) Advise the person of the reasons for the denial;
(2) Make every effort to locate alternate emergency shelter; and
(3) Inform the person of the shelter's grievance process if the denial is
for any reason other than lack of space or failure to meet the shelterís
admission criteria.
(e) A shelter shall maintain a log of all denials of admission and of
persons requested to leave and the reasons therefor. The information
contained in the log shall be forwarded to the division of behavioral
health upon request.
(f) An emergency shelter may require a person to leave the shelter under
the following circumstances:
(1) The person engages in behavior which poses a direct threat to the
health and safety of others in the shelter;
(2) The person engages in behavior which poses a direct threat to his or
her own health or safety;
(3) The person steals or destroys the property of the shelter or other
guests, provided that if the resident denies such allegations and files a
grievance pursuant to He-M 314.09, he or she shall not be required to
leave unless:
a. The person is arrested by the police; or
b. The allegation is founded following a review pursuant to the shelterís
internal grievance procedures; or
(4) The shelter director or person in charge of the shelter at the time
of the incident has reason to believe that the person, while on the
premises, is:
a. Intoxicated or under the influence of illegal drugs; or
b. Is engaging in behavior that substantially interferes with the use and
enjoyment of the premises by other residents.
(g) Whenever a person is directed to leave a shelter pursuant to (f)
above, the shelter shall, no later than 24 hours after the person is
excluded, create a written record which contains the following
information:
(1) A full description of the personís behavior that resulted in his or
her being directed to leave the shelter;
(2) The names of the persons who were adversely affected by the behavior;
(3) If the exclusion is based on (f)(4) above, an explanation of the
staff memberís reason for believing that the person was intoxicated or
under the influence of drugs; and
(4) The signature of the staff member who witnessed the behavior.
(h) If the behavior that results in a person being directed to leave a
shelter is not witnessed by a staff member, the incident shall be
investigated by a staff member. Shelter personnel shall document in the
personís record that the matter was investigated by a staff member and
identify who performed the investigation.
(i) No person receiving emergency shelter shall be asked to leave based
upon the application of a limit on the length of time that a shelter
resident is allowed to remain in residence. An emergency shelter shall
report to the division of behavioral health the stay of any person that
exceeds one year.
Source. #7405, eff 11-21-00
He-M 314.08 House Rules.
(a) Emergency shelters may adopt house rules determined by the shelter to
be necessary for the safe and effective operation of the shelter provided
that such rules do not conflict with He-M 314 or state or federal law.
Whenever house rules are developed or revised, representative residents
and former residents shall be asked for input. A shelter may develop
sanctions for rules violation, except that sanctions shall not include
withholding food or medical attention.
(b) House rules shall be posted in a public area and reviewed by staff
with each resident. A copy of the rules shall be signed by a staff person
and the resident to indicate that they were reviewed and be kept in each
residentís file. 
(c) Any house rules or revisions of house rules, including any sanctions,
shall be forwarded to the division of behavioral health for review and
approval prior to implementation. House rules that the division of
behavioral health determines to be in conflict with He-M 314.08 (a) shall
not be implemented.
Source. #7405, eff 11-21-00
He-M 314.09 Grievance Procedures.
(a) Each shelter shall establish grievance procedures by which a
residentís complaints are addressed.
(b) Grievance procedures shall provide for an informal means of resolving
disputes.
(c) A shelter shall provide a resident who files a grievance the
opportunity to have someone assist him/her in filing the grievance. If
the resident cannot obtain assistance, the shelter staff, upon the
residentís request, shall attempt to obtain assistance for such person
from New Hampshire Legal Assistance or the Legal Advice and Referral
Center (LARC).
(d) Each shelter shall establish investigation procedures for allegations
that a resident's rights as stated in He-M 314.04-314.06 have been
violated by shelter staff or volunteers.
(e) The investigation of a residentís grievance shall not be conducted by
any person who participated in the action or decision that is the subject
of the grievance.
(f) Following completion of the investigation, the shelter shall issue a
written decision to the complainant setting forth the disposition of the
grievance. The shelter shall forward a copy of the decision to the
division of behavioral health.
(g) A resident may appeal the finding and proposed resolution to his/her
grievance to the director in accordance with He-M 202.08, rights
protection procedures, and He-C 200, rules of practice and procedure.
(h) He-M 202 and He-C 200 shall be available at every shelter in a public
location for all residents to review.
(i) Each shelter shall forward its grievance procedure and any proposed
revisions to the grievance procedure to the division of behavioral health
for review and approval, prior to implementation. Shelter procedures that
the division of behavioral health determines to be in conflict with He-M
314.09 shall not be implemented.
Source. #7405, eff 11-21-00




--------- Forwarded message ----------
From: NH-DHHS-WebMail@dhhs.state.nh.us
To: under-the-bridge@juno.com
Date: Mon, 30 Dec 2002 10:37:11 -0500
Subject: NH Dept of Health and Human Services response to inquiry
Message-ID: <OF0D630991.B9958A6D-ON85256C9F.0055CC54@dhhs.state.nh.us>

Here is the link that should get you to the He-M's online.  Once you get
to
the page you will have to scroll down to the He-M 300 section and then
scroll again to the standards you wish to view/copy.  Thanks.

http://www.gencourt.state.nh.us/rules/he-m.html



This message is sent via an auto-responder, DO NOT REPLY TO THIS E-MAIL.
To
make another inquiry please return to:
http://www.dhhs.state.nh.us/DHHS/DBH/CONTACT+INFO/default.htm

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<DIV>I got the live link for shelter rules here. regarding NCH Grassroots and 
civil rights organizing projecty conversation. Hope it helps.</DIV>
<DIV>cindy</DIV>
<DIV>&nbsp;</DIV>
<DIV>&nbsp;</DIV>
<DIV><A 
href="http://www.gencourt.state.nh.us/rules/he-m300.html">http://www.gencourt.state.nh.us/rules/he-m300.html</A></DIV>
<DIV>&nbsp;</DIV>
<DIV>
<P align=justify>He-M 314.02 <U>Definitions</U>. The words and phrases used in 
this chapter shall have the following meaning:</P>
<P align=justify>(a) "Emergency shelter" means any facility, the primary purpose 
of which is to provide temporary shelter for homeless individuals or families. 
The term "emergency shelter" does not include transitional housing designed to 
provide housing as well as educational or rehabilitative programs and services 
for a person or family for at least 6 consecutive months.</P>
<P align=justify>(b) "Homeless" means:</P>
<DIR>
<DIR>
<DIR>
<P align=justify>(1) An individual or family that lacks a fixed, regular, and 
adequate nighttime residence; or</P>
<P align=justify>(2) An individual or family that has a primary nighttime 
residence that is:</P>
<DIR>
<DIR>
<P align=justify>a. A supervised publicly or privately operated shelter designed 
to provide temporary living accommodations, including:</P>
<DIR>
<P align=justify>1. Welfare hotels; and</P>
<P align=justify>2. Congregate shelters;</P></DIR>
<P align=justify>b. An institution other than a penal facility that provides 
temporary residence for individuals intended to be institutionalized; or</P>
<P align=justify>c. A public or private place not designed for, or ordinarily 
used as, a regular sleeping accommodation for human 
beings.</P></DIR></DIR></DIR></DIR></DIR>
<P align=justify>(c) "Shelter services" means:</P>
<DIR>
<DIR>
<DIR>
<P align=justify>(1) Provision of the following:</P>
<DIR>
<DIR>
<P align=justify>a. Adequate bedding and mattress;</P>
<P align=justify>b. Basic food at no cost to the resident;</P>
<P align=justify>c. Soap and hot water for personal hygiene; and</P>
<P align=justify>d. First aid; and</P></DIR></DIR>
<P align=justify>(2) Additional services the shelter elects to provide, 
including:</P>
<DIR>
<DIR>
<P align=justify>a. Assistance in obtaining permanent housing;</P>
<P align=justify>b. Medical and psychological counseling and supervision;</P>
<P align=justify>c. Employment counseling;</P>
<P align=justify>d. Nutritional counseling;</P>
<P align=justify>e. Substance abuse intervention, treatment and counseling;</P>
<P align=justify>f. Assistance in obtaining other federal, state, and local 
assistance; and</P>
<P align=justify>g. Other services related to obtaining self-sufficiency such 
as:</P>
<DIR>
<P align=justify>1. Child care;</P>
<P align=justify>2. Transportation;</P>
<P align=justify>3. Job placement; and</P>
<P align=justify>4. Job training.</P></DIR></DIR></DIR></DIR></DIR></DIR>
<P align=justify>(d) "Specialized facility" means an emergency shelter designed 
solely to serve the needs of homeless members of an identifiable group 
including:</P>
<DIR>
<DIR>
<DIR>
<P align=justify>(1) Victims of domestic violence;</P>
<P align=justify>(2) Persons with mental illness;</P>
<P align=justify>(3) Families with children;</P>
<P align=justify>(4) Persons with substance abuse problems; and</P>
<P align=justify>(5) Other groups of homeless people with similar therapeutic, 
rehabilitative, or programmatic needs.</P>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<P align=justify><A href="thismessage:/sourcehe-m.html">Source.</A> #7405, eff 
11-21-00</P>
<P 
align=justify>&nbsp;</P></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR>
<P align=justify>He-M 314.03 <U>Notice of Rights</U>.</P>
<P align=justify>(a) In clearly understandable language, each emergency shelter 
shall provide persons entering the shelter with a verbal summary of their rights 
and responsibilities pursuant to He-M 314, notification of how to access the 
shelter's grievance procedures, and, upon request, a written copy of the 
grievance procedure.</P>
<P align=justify>(b) A notice of rights and any house rules shall be permanently 
posted in a public area of the shelter and be presented in clearly 
understandable language and form.</P>
<P align=justify>(c) Each program and residence shall have on the premises 
complete copies of rules pertaining to client rights that are available for 
client review.</P>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<P align=justify><A href="thismessage:/sourcehe-m.html">Source.</A> #7405, eff 
11-21-00</P></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR>
<P align=justify>He-M 314.04 <U>Fundamental Rights</U>.</P>
<P align=justify>(a) No emergency shelter program shall deprive a person 
receiving emergency shelter services in New Hampshire of any legal right to 
which all citizens of the state and the United States are entitled.</P>
<P align=justify>(b) The legal rights protected shall include, at a minimum:</P>
<DIR>
<DIR>
<DIR>
<P align=justify>(1) The right of freedom of religion and religious preference, 
including the right to be free from engaging in any religious activity or 
practice; and</P>
<P align=justify>(2) The right to not be discriminated against in any manner 
because of race, color, sex, sexual orientation, religion, national origin, age, 
or physical or mental disability, as provided in RSA 354-A:17 and 42 USC Sec. 
3601.</P>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<P align=justify><A href="thismessage:/sourcehe-m.html">Source.</A> #7405, eff 
11-21-00</P></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR>
<P align=justify>He-M 314.05 <U>Personal Rights</U>.</P>
<P align=justify>(a) Persons who are requesting or receiving emergency shelter 
services shall be treated by emergency shelter staff with dignity and respect 
regardless of the circumstances which brought them to the program.</P>
<P align=justify>(b) Staff and volunteers of an emergency shelter shall not 
abuse, neglect or exploit shelter residents.</P>
<P align=justify>(c) Residents shall have the right to have information in their 
records treated as confidential and disclosed by staff to third parties only as 
permitted by the resident, required by law, or allowed in accordance with (e) 
below.</P>
<P align=justify>(d) Any provisions of He-M 314 that conflict with RSA 173-C:1 
shall not apply.</P>
<P align=justify>(e) A shelter employee may disclose:</P>
<DIR>
<DIR>
<DIR>
<P align=justify>(1) To law enforcement personnel that information necessary to 
report a crime committed at the shelter; and</P>
<P align=justify>(2) To an employee of another shelter:</P>
<DIR>
<DIR>
<P align=justify>a. The fact that a resident committed a violent act or threats 
of violence within the last 72 hours while on shelter premises; and</P>
<P align=justify>b. The circumstances of such acts or 
threats.</P></DIR></DIR></DIR></DIR></DIR>
<P align=justify>(f) Residents of an emergency shelter shall have the right to 
privacy including the following:</P>
<DIR>
<DIR>
<DIR>
<P align=justify>(1) The right to courtesies such as knocking on closed doors 
before entering;</P>
<P align=justify>(2) The right to send and receive unopened and uncensored </P>
<P align=justify>correspondence;</P>
<P align=justify>(3) The right to have reasonable access to a telephone with 
such privacy as shelter arrangements allow, provided that:</P>
<DIR>
<DIR>
<P align=justify>a. Residents may be required to pay for long distance calls; 
and</P>
<P align=justify>b. Calls shall only be made for the following reasons:</P>
<DIR>
<P align=justify>1. Searching for a job;</P>
<P align=justify>2. Making medical appointments;</P>
<P align=justify>3. Searching for housing; or</P>
<P align=justify>4. Other similar matters related to the affairs of the 
resident.</P></DIR></DIR></DIR>
<P align=justify>(4) The right to be free from searches of their persons and 
possessions, except that:</P>
<DIR>
<DIR>
<P align=justify>a. Searches shall be conducted only in accordance with 
applicable constitutional and legal standards;</P>
<P align=justify>b. Residents may be subjected to routine screening or scanning 
for detection of concealed weapons upon entering the shelter; and</P>
<P align=justify>c. The policies and practices regarding such searches shall be 
uniformly applied to all shelter residents.</P></DIR></DIR></DIR></DIR></DIR>
<P align=justify>(g) No emergency shelter shall exclude residents for any part 
of the day, from October 1 through April 30, unless reasonable arrangements are 
made for residents to use an alternative indoor site which is available for 
residents&#8217; use while the shelter is closed. From May 1 through September 30, 
residents shall not be excluded during severe weather without an adequate indoor 
alternative.</P>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<P align=justify><A href="thismessage:/sourcehe-m.html">Source.</A> #7405, eff 
11-21-00</P></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR>
<P align=justify>He-M 314.06 <U>Admission</U>.</P>
<P align=justify>(a) No eligible person, regardless of previous place of 
residence, shall be denied admission to a shelter if beds or rooms are 
available.</P>
<P align=justify>(b) An emergency shelter shall have the ability to approve 
admission of eligible applicants at least 18 hours per day and 7 days per week. 
A shelter may defer entry to the facility until the facility opens for the night 
except as provided in He-M 314.05 (g).</P>
<P align=justify>(c) A shelter shall, at a minimum, admit an eligible applicant 
to an available bed during the shelter&#8217;s posted evening hours. A shelter shall 
admit an eligible applicant at other hours if staff resources permit.</P>
<P align=justify>(d) No person seeking admission to an emergency shelter shall 
be denied access for lack of funds to pay for shelter nor required to receive 
approval of a third party payor or intermediary.</P>
<P align=justify>(e) Shelters may establish a sliding fee scale that allows 
provision of shelter at no cost to persons who are currently unemployed and lack 
other means of financial support.</P>
<P align=justify>(f) At the time of admission, shelters shall advise residents 
of the daily fee, if any, the resident will be charged.</P>
<P align=justify>(g) Shelter fees, paid by residents, shall be structured so as 
not to inhibit transition into permanent housing.</P>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<DIR>
<P align=justify><A href="thismessage:/sourcehe-m.html">Source.</A> #7405, eff 
11-21-00</P></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR>
<P align=justify>He-M 314.07 <U>Denial of Admission and Termination of 
Service</U>.</P>
<P align=justify>(a) A request for admission to a shelter may be denied if the 
individual requesting services poses a direct threat to the health or safety of 
others in the shelter and the shelter is unable to provide a reasonable 
accommodation which would eliminate the risk of direct threat. When a person is 
denied admission on this basis, the shelter may contact the local police 
department.</P>
<P align=justify>(b) A request for admission to a shelter shall be denied if the 
shelter lacks space to house the applicant.</P>
<P align=justify>(c) A request for admission to a shelter may be denied if the 
shelter is a specialized facility and the person seeking shelter is not a member 
of the special population for which the shelter is designed.</P>
<P align=justify>(d) For any person who is denied admission to a shelter, the 
shelter shall:</P>
<DIR>
<DIR>
<DIR>
<P align=justify>(1) Advise the person of the reasons for the denial;</P>
<P align=justify>(2) Make every effort to locate alternate emergency shelter; 
and</P>
<P align=justify>(3) Inform the person of the shelter's grievance process if the 
denial is for any reason other than lack of space or failure to meet the 
shelter&#8217;s admission criteria.</P></DIR></DIR></DIR>
<P align=justify>(e) A shelter shall maintain a log of all denials of admission 
and of persons requested to leave and the reasons therefor. The information 
contained in the log shall be forwarded to the division of behavioral health 
upon request.</P>
<P align=justify>(f) An emergency shelter may require a person to leave the 
shelter under the following circumstances:</P>
<DIR>
<DIR>
<DIR>
<P align=justify>(1) The person engages in behavior which poses a direct threat 
to the health and safety of others in the shelter;</P>
<P align=justify>(2) The person engages in behavior which poses a direct threat 
to his or her own health or safety;</P>
<P align=justify>(3) The person steals or destroys the property of the shelter 
or other guests, provided that if the resident denies such allegations and files 
a grievance pursuant to He-M 314.09, he or she shall not be required to leave 
unless:</P>
<DIR>
<P align=justify>a. The person is arrested by the police; or</P>
<P align=justify>b. The allegation is founded following a review pursuant to the 
shelter&#8217;s internal grievance procedures; or</P></DIR>
<P align=justify>(4) The shelter director or person in charge of the shelter at 
the time of the incident has reason to believe that the person, while on the 
premises, is:</P>
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<P align=justify>a. Intoxicated or under the influence of illegal drugs; or</P>
<P align=justify>b. Is engaging in behavior that substantially interferes with 
the use and enjoyment of the premises by other 
residents.</P></DIR></DIR></DIR></DIR>
<P align=justify>(g) Whenever a person is directed to leave a shelter pursuant 
to (f) above, the shelter shall, no later than 24 hours after the person is 
excluded, create a written record which contains the following information:</P>
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<P align=justify>(1) A full description of the person&#8217;s behavior that resulted 
in his or her being directed to leave the shelter;</P>
<P align=justify>(2) The names of the persons who were adversely affected by the 
behavior;</P>
<P align=justify>(3) If the exclusion is based on (f)(4) above, an explanation 
of the staff member&#8217;s reason for believing that the person was intoxicated or 
under the influence of drugs; and</P>
<P align=justify>(4) The signature of the staff member who witnessed the 
behavior.</P></DIR></DIR></DIR>
<P align=justify>(h) If the behavior that results in a person being directed to 
leave a shelter is not witnessed by a staff member, the incident shall be 
investigated by a staff member. Shelter personnel shall document in the person&#8217;s 
record that the matter was investigated by a staff member and identify who 
performed the investigation.</P>
<P align=justify>(i) No person receiving emergency shelter shall be asked to 
leave based upon the application of a limit on the length of time that a shelter 
resident is allowed to remain in residence. An emergency shelter shall report to 
the division of behavioral health the stay of any person that exceeds one 
year.</P>
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<P align=justify><A href="thismessage:/sourcehe-m.html">Source.</A> #7405, eff 
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<P align=justify>He-M 314.08 <U>House Rules</U>.</P></DIR></DIR></DIR>
<P align=justify>(a) Emergency shelters may adopt house rules determined by the 
shelter to be necessary for the safe and effective operation of the shelter 
provided that such rules do not conflict with He-M 314 or state or federal law. 
Whenever house rules are developed or revised, representative residents and 
former residents shall be asked for input. A shelter may develop sanctions for 
rules violation, except that sanctions shall not include withholding food or 
medical attention.</P>
<P align=justify>(b) House rules shall be posted in a public area and reviewed 
by staff with each resident. A copy of the rules shall be signed by a staff 
person and the resident to indicate that they were reviewed and be kept in each 
resident&#8217;s file.<I> </P>
<P align=justify></I>(c) Any house rules or revisions of house rules, including 
any sanctions, shall be forwarded to the division of behavioral health for 
review and approval prior to implementation. House rules that the division of 
behavioral health determines to be in conflict with He-M 314.08 (a) shall not be 
implemented.</P>
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<P align=justify><A href="thismessage:/sourcehe-m.html">Source.</A> #7405, eff 
11-21-00</P></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR>
<P align=justify>He-M 314.09 <U>Grievance Procedures</U>.</P>
<P align=justify>(a) Each shelter shall establish grievance procedures by which 
a resident&#8217;s complaints are addressed.</P>
<P align=justify>(b) Grievance procedures shall provide for an informal means of 
resolving disputes.</P>
<P align=justify>(c) A shelter shall provide a resident who files a grievance 
the opportunity to have someone assist him/her in filing the grievance. If the 
resident cannot obtain assistance, the shelter staff, upon the resident&#8217;s 
request, shall attempt to obtain assistance for such person from New Hampshire 
Legal Assistance or the Legal Advice and Referral Center (LARC).</P>
<P align=justify>(d) Each shelter shall establish investigation procedures for 
allegations that a resident's rights as stated in He-M 314.04-314.06 have been 
violated by shelter staff or volunteers.</P>
<P align=justify>(e) The investigation of a resident&#8217;s grievance shall not be 
conducted by any person who participated in the action or decision that is the 
subject of the grievance.</P>
<P align=justify>(f) Following completion of the investigation, the shelter 
shall issue a written decision to the complainant setting forth the disposition 
of the grievance. The shelter shall forward a copy of the decision to the 
division of behavioral health.</P>
<P align=justify>(g) A resident may appeal the finding and proposed resolution 
to his/her grievance to the director in accordance with He-M 202.08, rights 
protection procedures, and He-C 200, rules of practice and procedure.</P>
<P align=justify>(h) He-M 202 and He-C 200 shall be available at every shelter 
in a public location for all residents to review.</P>
<P align=justify>(i) Each shelter shall forward its grievance procedure and any 
proposed revisions to the grievance procedure to the division of behavioral 
health for review and approval, prior to implementation. Shelter procedures that 
the division of behavioral health determines to be in conflict with He-M 314.09 
shall not be implemented.</P>
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<P align=justify><A href="thismessage:/sourcehe-m.html">Source.</A> #7405, eff 
11-21-00</P>
<P 
align=justify>&nbsp;</P></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIR></DIV>
<DIV>&nbsp;</DIV>
<DIV>&nbsp;</DIV>
<DIV><BR>--------- Forwarded message ----------<BR>From: <A 
href="mailto:NH-DHHS-WebMail@dhhs.state.nh.us">NH-DHHS-WebMail@dhhs.state.nh.us</A><BR>To: 
<A 
href="mailto:under-the-bridge@juno.com">under-the-bridge@juno.com</A><BR>Date: 
Mon, 30 Dec 2002 10:37:11 -0500<BR>Subject: NH Dept of Health and Human Services 
response to inquiry<BR>Message-ID: &lt;<A 
href="mailto:OF0D630991.B9958A6D-ON85256C9F.0055CC54@dhhs.state.nh.us">OF0D630991.B9958A6D-ON85256C9F.0055CC54@dhhs.state.nh.us</A>&gt;</DIV>
<DIV>&nbsp;</DIV>
<DIV>Here is the link that should get you to the He-M's online.&nbsp; Once you 
get to<BR>the page you will have to scroll down to the He-M 300 section and 
then<BR>scroll again to the standards you wish to view/copy.&nbsp; Thanks.</DIV>
<DIV>&nbsp;</DIV>
<DIV><A 
href="http://www.gencourt.state.nh.us/rules/he-m.html">http://www.gencourt.state.nh.us/rules/he-m.html</A></DIV>
<DIV>&nbsp;</DIV>
<DIV>&nbsp;</DIV>
<DIV>&nbsp;</DIV>
<DIV>This message is sent via an auto-responder, DO NOT REPLY TO THIS E-MAIL. 
To<BR>make another inquiry please return to:<BR><A 
href="http://www.dhhs.state.nh.us/DHHS/DBH/CONTACT+INFO/default.htm">http://www.dhhs.state.nh.us/DHHS/DBH/CONTACT+INFO/default.htm</A></DIV>
<DIV>&nbsp;</DIV>
<DIV>&nbsp;</DIV>
<DIV></DIV></BODY></HTML>

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