In the Event that the Shelter System Is Unable to Serve All Eligible Families

(1) Notwithstanding 760 CMR 67.01 through 760 CMR 67.09, in the event that the Director (the Secretary) determines that, in light of legislative appropriations, the shelter system is no longer able to meet all current and projected demand for shelter from eligible families considering the facts and circumstances then existing in the Commonwealth, the Director (the Secretary) shall issue a written declaration detailing that determination and the basis for it. The declaration shall identifya maximum program shelter capacitywhich the Director (the Secretary) determines the shelter system can attain and that the shelter system shall not be required to exceed during the term of the declaration. The declaration shall have an initial time limit of 120 days after it is issued but may be extended for additional periods of up to 120 days if the Director (the Secretary) determines that the shelter system is still unable to meet all current and projected demand for shelter from eligible families in light of legislative appropriations. In the event that a declaration lapses, nothing in 760 CMR 67.00 shall preclude the Director (the Secretary) from subsequently issuing an additional declaration under 760 CMR 67.10. The declaration shall be made available publicly when it is issued and promptly posted on the website of the Department (now the Executive Office of Housing and Livable Communities). (2) Upon the issuance of a declaration under 760 CMR 67.10(1), and notwithstanding 760 CMR 67.01 through 760 CMR 67.09, in light of legislative appropriations and facts and circumstances existing in the Commonwealth, the Department shall take all reasonablyavailable steps to ensure that available shelter resources are distributed so as to support as many eligible families as possible and to prioritize support for those eligible families most in need. (a) The Department shall issue written guidance setting forth the particular steps that the Department will take in response to each declaration under 760 CMR 67.10(1), which may include: 1. How the Department will prioritize families for access to shelter. The prioritization system shall take into account the basis that led to the secretarial declaration and the health and safety risk facing the family seeking shelter, which may include the family's medical vulnerability and any risks to the family arising from domestic violence. The prioritization system may include protocols to establish priority category groups that are ranked based on levels of health and safety risks and to establish how households will be ranked within each priority category group. In determining how to prioritize families for access to shelter, the Department may consult as appropriate with the Department of Public Health and other agencies. 2. Whether the Department will establish a shelter placement waitlist and the policies and procedures the Department will use to administer the waitlist if one is established. 3. Upon not less than 30 days prior notice, setting a limit on or establishing the timeframe during which an EA shelter eligibility determination shall remain effective. If such a limit or timeframe is adopted, the guidance may create a process by which a family may seek an additional period of eligibility. The guidance issued under a secretarial declaration and 760 CMR 67.10(2)(a)3. may permit a family to reapply for shelter even if that family would not be eligible to apply for an additional period of shelter in the absence of a secretarial declaration, and may set out a prioritization framework for applications from previously sheltered families seeking an additional period of shelter. 760 CMR - 644.2 (3) Guidance issued under 760 CMR 67.10 shall be posted on the Department's website and may be revised as appropriate while a declaration under 760 CMR 67.10(1) remains in effect. The Department shall solicit written comments on the guidance, which shall be due within 30 days after the initial posting of the guidance. The Department may revise the guidance after giving due consideration to any timely submitted written comments. To the extent revisions are made, the Department shall post the updated guidance on its website.