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Program Administration Standards

Homelessness is much more than lack of adequate shelter. A best practice for a shelter is to provide support services, which enable a homeless person to transition from homelessness to self-sufficiency. Therefore, the shelter is only one aspect of a model program. A nonprofit organization that provides shelter should also provide access to the following:

• Emergency medical care
• Counseling service
• Educational arrangements for children
• Information about training for and seeking employment
• A referral system to existing community services

State and Federal Laws Concerning Client Eligibility

In general, it is important that shelter providers understand that no persons in the United States shall be excluded from participating, or denied, any aid, care service, or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion.

The Civil Rights Act of 1964, Title VI, states in part that potential clients cannot be denied services and benefits due to race, color, national origin, or religion in any program that receives funding from the state or federal government.

The Rehabilitation Act of 1973 applies to all recipients of federal assistance. This law prohibits excluding or denying individuals with handicaps equal opportunity to receive benefits and services.

The Americans With Disabilities Act, Title III, prohibits discrimination against clients because of a mental or physical disability. This law provides qualified disabled clients with the right to access services and benefits by ensuring facility accessibility where benefits and services are provided. This law requires shelter centers to make every reasonable effort to accommodate clients who are protected under the intent of the Americans With Disabilities Act.

The Age Discrimination Act requires equal access to services and benefits regardless of the client's age. This law states that no person, based on his/her age, can be denied benefits from, be excluded from participation in, or be limited in access to any program or activity that receives federal financial assistance. This law prohibits policies or practices that would exclude a client based on her/his age or the age of any dependents.

Texas State law requires shelters to be licensed to provide residential childcare to a person younger than 18 years old unless a parent accompanies that person, unless the younger person is legally emancipated or is a minor mother.

Minors

Client Eligibility and Minors

An emergency shelter facility may provide shelter and care for a minor who is the sole financial support for her child or children.

An emergency shelter facility may provide shelter or care only during an emergency constituting an immediate danger to the physical health or safety of the minor mother or her child(ren).

Shelter or care provided under this section may not be provided after the 15th day after the date the shelter or care is commenced unless the facility receives consent to continue services from a parent or guardian of the minor mother.

Shelter centers that are not licensed to provide residential child care must not be provide 24-hour-a-day shelter to a person less than 18-years-old unless that person is accompanied by a parent, legal guardian, is legally emancipated, or is a minor mother.

Policies and Procedures

• Shelter centers must have written client eligibility and screening procedures that are based solely on an individual's status as a victim of family violence.
• Shelter centers must have written policies and procedures to ensure services to eligible victims of family violence:
  - Without regard to income, and
  - who do not contribute, donate, or pay for these services.
• When determining client eligibility, shelter centers must not discriminate based on gender and/or sexual orientation.
• Shelter centers must have written procedures for access and delivery of services to non-English speaking persons and make every reasonable effort to serve non-English speaking persons.
• Shelter centers must have written policies outlining behaviors that preclude otherwise eligible individuals from receiving shelter center services.

In order to comply with federal laws, behaviors and reasons for precluding eligible persons from receiving shelter center services must be applied equally to all persons.

Confidentiality Policies and Procedures

• Shelter centers must develop a written general confidentiality policy that includes:
  - A statement about the importance of confidentiality in maintaining safety;
  - A definition of confidential communications.
  - The general principles of confidentiality.
  - The parameters of what must be held confidential and by whom.
  - The purposes for which the shelter center maintains each record.
  - A designated custodian of the records.
  - Procedures of retention and destruction of records.
  - Procedures for the shelter center's practice in responding to court orders.
• The written confidentiality policy must:
  - Cover all confidential information, which includes all communications, observations, and information made by and between or about adult and child residents and nonresidents, staff, volunteers, student interns, and board members.
  - Provide that the address of employment, residence and family addresses of residents and nonresidents, staff, volunteer, interns, and board members be confidential.
  - Provide that the names of residents, nonresidents, staff, student interns, and volunteers not be disclosed without the written permission of the individual involved.
• Shelter centers must develop written procedures for the handling of information and information requests on a daily basis, including but not to be limited to:
  - Maintenance of records.
  - Access to records.
  - Release of information.
• Shelter centers must fully inform adult residents and nonresidents in writing of what kind of information is recorded, why and the methods of collection.
• Adult residents and nonresidents must be advised in writing of at least the following:
  - Their right to see their records.
  - The shelter center's policy and practices on confidentiality.
  - What kind of information is required to be reported and why, such as duty to warn and child abuse.
  - The shelter center's policy for responding to court orders.
  - The shelter center's policy for release of information.
  - When the records will be decoded or destroyed.
  - What kind of information will remain in the file once a resident or nonresident terminates services.

Confidentiality Agreement

All staff, volunteers, board members, student interns, and adult residents and nonresidents must sign a confidentiality agreement. The agreements must be placed in the personnel files of the staff, with the corporate records of the board members, and in the individual files of volunteers, student interns, residents, and nonresidents.

The confidentiality agreement must have a provision that confidentiality be maintained after the staff, volunteer, board member, student intern, resident and nonresident leaves the shelter center program. The executive director, or in the executive director's absence, designated staff must be notified immediately if a court order is served regarding any program records, residents, nonresidents, shelter center activities, or personnel issues.

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