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New York Mental Hygiene - Article 7 - § 7.37 Powers of the Office and Commissioner in Relation to the Planning and Referral of Mentally Ill Children for Adult Services

Legal Research Home > New York Laws > New York Mental Hygiene (MHY) > New York Mental Hygiene - Article 7 - § 7.37 Powers of the Office and Commissioner in Relation to the Planning and Referral of Mentally Ill Children for Adult Services

 
  § 7.37 Powers of the office and commissioner in relation to the planning
           and referral of mentally ill children for adult services.
    (a) As used in this section:
    1. "report"  means  a  report  submitted  to  the  office  pursuant to
  subparagraph  five  of  paragraph  b  of  subdivision  one  of   section
  forty-four  hundred  two of the education law or subdivision thirteen of
  section three hundred ninety-eight of the social services law.
    2. "child" means the child who is the subject of a report.
    3. "local governmental unit" means a governmental unit as defined  and
  used in article forty-one of this chapter.
    4. "voluntary  agency"  shall  have  the  same meaning as that used in
  article forty-one of this chapter.
    (b) Upon receipt of a report, the commissioner shall review the report
  and shall determine if the child will likely  need  adult  services.  If
  necessary and appropriate, the commissioner may conduct an evaluation of
  the child to determine if adult services will be needed. Such evaluation
  shall  include,  but  not  be limited to, the medical, vocational or day
  services and social needs of the child, the desires of the child and  of
  his  or  her  parents  or  guardian, and the availability of appropriate
  services. If the child will likely need adult services, the commissioner
  shall develop  a  plan  for  continued  care  which  shall  include  any
  evaluation and shall identify those adult programs or services which may
  be available and which are operated or licensed by the office and by the
  local  governmental unit of the county in which the child resides, or in
  the event that the child resides in a county  within  the  city  of  New
  York,  the local governmental unit of the city of New York. Such written
  plan shall be made available to the individual,  unless  the  individual
  objects,  and  his or her parents or guardian as soon as practicable but
  not later than one  year  before  the  individual  attains  the  age  of
  twenty-one.  If  such  recommendation  has  been  made prior to one year
  before the individual attains  the  age  of  twenty,  the  office  shall
  provide   yearly  updates  until  the  individual  attains  the  age  of
  twenty-one.
    (c) If the commissioner determines, pursuant  to  subdivision  (b)  of
  this  section,  that  such  child  will  not require adult services, the
  commissioner shall notify the child's parent or guardian in  writing  of
  such  determination.  Such  notice shall be given as soon as practicable
  but no later than six  months  before  the  child  attains  the  age  of
  twenty-one.
    (d)  Notwithstanding  subdivisions  (b)  and  (c) of this section, the
  commissioner may determine  that  the  office  is  not  responsible  for
  determining  and  recommending adult services for the child. When such a
  determination is made it shall be made  as  soon  as  practicable  after
  receiving  the  report  and  the  commissioner  shall promptly notify in
  writing the committee on special education,  multidisciplinary  team  or
  social services official who sent the report that such determination has
  been made. Such notice shall state the reasons for the determination and
  may  recommend  a  state agency which may be responsible for determining
  and recommending adult services.
    (e) The commissioner may  designate  any  qualified  employee  of  the
  office or any psychiatric center to carry out the functions described in
  subdivisions  (b),  (c)  and  (d)  of this section. The commissioner may
  enter agreements with local governmental units and voluntary agencies to
  provide the services described in subdivisions (b), (c) and (d) of  this
  section.   Consistent   with  these  agreements,  the  commissioner  may
  designate a local governmental unit or voluntary agency to carry out the
  functions of the commissioner described in this section  and  the  local
  governmental unit or voluntary agency shall perform those functions.

    (f) All information received by a local governmental unit or voluntary
  agency  pursuant to this section shall be subject to the confidentiality
  requirements of the office.
    (g)   Nothing  in  this  section  shall  be  construed  to  create  an
  entitlement to adult services.

Last modified: February 16, 2012