Can any applicant be placed in temporary approval status?
No. OMH regulations specifically provide that any person with a conviction or pending charge for a felony conviction at any time for a sex offense, a felony conviction within the past ten years involving violence, a conviction for endangering the welfare of an incompetent or physically disabled person, or a similar offense in any other jurisdiction outside of New York State, cannot be placed in temporary approval status. Because temporary approval status is only available pending a determination from BCHI, the provider may be able to discover this history by requesting information directly from the applicant about past criminal history in its initial application process. Also, if BCHI receives a criminal history record that includes a conviction or pending charge for any of the aforementioned crimes, BCHI will check to ensure the person has not been placed in temporary approval status.
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- Can any applicant be placed in temporary approval status?
