(a) Rule Violation. A Shelter shall issue either a Warning Notice or Denial of Service Notice when a Client violates a Rule. If the Shelter does not issue a Warning Notice or Denial of Service Notice, the Shelter may not assert the violation of the Rule as a basis for sanctioning the Client or denying Service. Shelters shall post all Rules in a Shelter common area and may not deny Service for a change in Rules that the Shelter has not posted in writing in a Shelter common area. Shelter staff must witness a Rule violation before issuing a Warning Notice or Denial of Service Notice except in such circumstances as defined by the Department, and the notice must be issued or approved by a Shelter staff member trained on this Shelter Grievance Policy. Denial of Service Notices or Warning Notices may not be issued for behavior occurring outside the Shelter, except for threats or acts of violence committed by a Client within 200 feet from a currently used Shelter access door, and also in such circumstances as defined by the Department and as necessary to prevent an immediate threat to the health, safety, or welfare of Clients and Shelter staff or of members of the public.
(1) Non-Immediate Denial of Service. When a Client violates a Rule in the Non-Immediate Denial of Service category, a Shelter must issue a Warning Notice before issuing a Denial of Service Notice. A Shelter must issue a Warning Notice within 24 hours of the Rule violation and a Warning Notice is effective for 30 days from the date the Client receives the notice. A Shelter may deny Service to a Client who violates the same Rule within the 30-day effective period of an existing Warning Notice. A Shelter may not deny Service to a Client who violates a different Rule within the 30-day effective period of an existing Warning Notice, provided that, a Shelter may deny Service to a Client who receives an excessive number of Warning Notices for different Rule violations within the 30-day period of an existing Warning Notice. Each Shelter shall define “excessive number of Warning Notices” in the Shelter’s written Rules, provided that the Department may in its regulations establish criteria for defining an excessive number of Warning Notices. If a Shelter denies Service to a Client, it must issue a Denial of Service Notice within 48 hours of the final Warning Notice.
(2) Immediate Denial of Service. When a Client violates a Rule in the Immediate Denial of Service category, a Shelter must issue a Denial of Service Notice, but is not required to issue a Warning Notice. A Shelter must issue a Denial of Service Notice for an Immediate Denial of Service at the time of the Rule violation, or as soon thereafter as is reasonably feasible.
(b) Written Notice. A Warning Notice or Denial of Service Notice must be written. Such notice must state (1) the reason for the warning or denial; (2) length of suspension of Service, if applicable; (3) an explanation of the Shelter Grievance Policy in this Article XVIII; (4) an explanation of the good cause policy in Section 20.18-7; (5) contact information for Shelter Client Advocate services; and (6) the ability of a Client to receive Service while pursuing an appeal of a Non-Immediate Denial of Service, as provided in Sections 20.18-5(b) and 20.18-6(b). Shelter staff shall also verbally communicate the contents of the written notice to the Client except in such circumstances as defined by the Department. The Department shall provide forms of written notice to Shelters, and the Department shall translate such forms into the language(s) spoken by a Substantial Number of Limited English-Speaking Persons, as required by Chapter 91 of the Administrative Code.
(c) Language Access. Shelter staff shall translate any written notice into the languages spoken by Clients and shall provide oral interpretation or translation services of verbal communications related to the Rule violation, notice, and any subsequent administrative proceeding in the language of the Client.
(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)