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HHS/ACF | RIN: 0970-AD14 | Publication ID: Fall 2024 |
Title: ●Revisions to the Runaway and Homeless Youth Program Regulation | |
Abstract:
The Runaway and Homeless Youth (RHY) Program provides funding to local community-based organizations to address the needs of youth and young adults by providing shelter, programming, and comprehensive, individualized supports to improve outcomes for youth and young adults who have run away or are experiencing homelessness or housing instability in four core outcome areas: (1) Safe and stable housing (2) Education and employment (3) Social and emotional well-being, and (4) Permanent connections. The RHY Act and the current RHY regulations establish minimum and maximum capacity limits for RHY’s Basic Center Programs, Transitional Living Programs, and Maternity Group Homes to ensure programs are reasonable in size, youth tailored, and comprehensive services. The proposed regulatory action would update the current Runaway and Homeless Youth program regulation to provide clarification of program requirements and definitions and create flexibilities to grant recipients in operating their shelter program to best meet the needs of youth. Specifically, the regulatory change will provide definitions of key terms such as apartment building” and dormitory style” units. This change will also allow grant programs to better serve youth in alignment with the RHY Act. This change will provide grantee organizations flexibility in the type of program model they may implement based on the organization’s needs. |
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Agency: Department of Health and Human Services(HHS) | Priority: Other Significant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 45 CFR Part 1351 (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: Title III of the Juvenile Justice and Delinquency Prevention Act of 1974 34 U.S.C. sec. 11201 et seq. |
Legal Deadline:
None |
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Statement of Need: ACF is proposing to revise the RHY regulation to align with the RHY Act. The RHY Act and the RHY Final Rule do not define single structure or apartment building. The proposed change would provide definitions for these terms and provide flexibility related to shelter capacity. Section 312 of the RHY Act requires that RHY-funded shelters maintain a maximum capacity of not more than 20 youth, except where the applicant assures that the State where the center or locally controlled facility is located has a State or local law or regulation that requires a higher maximum to comply with licensure requirements for child and youth serving facilities. The RHY Final Rule provides regulatory guidance on shelter capacity by establishing minimum and maximum limits on the number of youth in a single structure or a single floor of a structure in the case of apartment buildings. Title 45, Subtitle B, Chapter XIII, Subchapter F, Part 1351 of the Code of Federal Regulations [more specifically 45 C.F.R. 1351.18(c)], reads: For runaway and homeless youth centers, whether there is a minimum residential capacity of four (4) and a maximum residential capacity of twenty (20) youth in a single structure (except where the applicant assures that the state where the center or locally controlled facility is located has a state or local law or regulation that requires a higher maximum to comply with licensure requirements for child and youth serving facilities), or within a single floor of a structure in the case of apartment buildings, with a number of staff sufficient to assure adequate supervision and treatment for the number of clients to be served and the guidelines followed for determining the appropriate staff ratio. The lack of clarity in definitions has created barriers to funded programs by limiting shelter capacity to a maximum of 20 youth across all RHY funded programs. The existing regulatory language is more strict than the statutory language which authorizes up to 20 youth per funded program. For example, an organization may receive funding under the Basic Center Program, which authorizes programs to serve up to 20 youth, and the Transitional Living Program, which authorizes programs to serve up to 20 individuals for a total of 40 youth. However, under the existing regulation, an organization is limited to serving a maximum of 20 youth across all RHY funded programs. This incongruence between the statutory and regulatory language has also led to several compliance findings among funded programs. |
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Summary of the Legal Basis: Section 303 of the RHY Act provides legal authority to the Secretary of the Department of Health and Huan Services to issue regulations which states, The Secretary of Health and Human Services (hereinafter in this subchapter referred to as the Secretary) may issue such rules as the Secretary considers necessary or appropriate to carry out the purposes of this subchapter. |
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Alternatives: An alternative to revising the regulation would include providing limited policy guidance to define terminology introduced in the regulation. For example, the regulation does not define apartment building. Proving a definition for apartment building through policy guidance would explain FYSB’s requirements but would not fully address the problem. A regulatory change is necessary to address current language which restricts funded programs to serving up to 20 youth across all RHY-funded shelter programs, which conflicts with the RHY Act which allows up to 20 youth per funded program. |
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Anticipated Costs and Benefits: ACF anticipates that RHY grant recipients will support the regulatory change which benefits them by providing additional flexibility in alignment with the RHY Act. The proposed change allows grant recipients the flexibility to serve a maximum of 20 youth per program. The are no immediate costs to grant recipients as RHY funding cannot be used for construction costs. |
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Risks: The risk of adverse litigation is fairly low as most grantees would support the proposed regulatory change. The proposed change also addresses a frequent area of non-compliance for RHY grant recipients by providing guidance and flexibility on shelter capacity. |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, Tribal |
Small Entities Affected: Organizations | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: No | |
Agency Contact: Suzanna Dean PhD Director Department of Health and Human Services Administration for Children and Families Division of Runaway and Homeless Youth, 300 C Street SW, Washington, DC 20201 Phone:202 381-7950 Email: suzanna.dean@acf.hhs.gov |