N.Y. Mental Hygiene Law § 13.37: Powers of the office and commissioner in relation to the planning and referral of children with developmental disabilities for adult serv...

§ 13.37 Powers of the office and commissioner in relation to the

planning and referral of children with developmental

disabilities 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 and, unless the

individual objects, to 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 and the

committee on special education, multidisciplinary team or social

services official, which submitted the report, 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.

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. If such determination is not acceptable to

the child's parent or guardian, such person may appeal the determination

pursuant to regulations adopted by the commissioner.

(d) The commissioner may designate any qualified employee of the

office to carry out the functions described in subdivisions (b) and (c)

of this section. The commissioner may enter agreements with local

governmental units and voluntary agencies to provide the services

described in subdivisions (b) and (c) 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.

(e) 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.

(f) Nothing in this section shall be construed to create an

entitlement to adult services.