N.Y. Mental Hygiene Law § 41.49*2: Community based mental health services for seriously emotionally disturbed children

* § 41.49 Community based mental health services for seriously

emotionally disturbed children.

1. As used in this section:

"Seriously emotionally disturbed children" shall mean persons under

the age of eighteen who have a serious, persistent disability which:

(i) is caused by a medically determined mental illness as evidenced by

a primary psychiatric diagnosis by a physician, or is caused by other

serious emotional disturbance as defined by regulations of the

commissioner of mental health;

(ii) has continued or is likely to continue for a period of at least

one year;

(iii) would cause substantial risk of psychiatric hospitalization in

the absence of community based mental health services; and

(iv) results in substantial functional limitations in two or more of

the following areas: (A) self-care at an appropriate developmental

level, (B) receptive and expressive language, (C) learning, (D)

self-direction, and (E) capacity for living in a family environment.

2. The commissioner of mental health is authorized, within

appropriations made therefor, to make grants to local governmental units

for one hundred percent of the net operating costs of community based

programs approved by his office to serve seriously emotionally disturbed

children. Grants provided under this section shall only be used to

expand existing services or to create new services for seriously

emotionally disturbed children and shall not supplant existing services

for such individuals. The commissioner shall promulgate rules and

regulations for the operation and funding of such programs. Such rules

and regulations shall include but not be limited to, eligibility and

program requirements, and standards for reimbursement. Such programs

shall be designed to provide mental health services to seriously

emotionally disturbed children in the community who, absent such

services, would experience substantial risk of new or additional

psychiatric hospitalization, or would experience substantial risk of

serious functional disability as a result of their mental illness.

3. Nothing in this section shall be deemed to diminish the education

department's responsibility for the education of children with

handicapping conditions.

4. Notwithstanding any other provision of this article, in order to

qualify for one hundred percent state aid pursuant to this section,

local governmental units shall assure that local contributions for

expenditures in any local fiscal year for local services provided to

mentally ill persons made pursuant to this article, as applicable, shall

be equal to or greater than the amount expended by such local

governmental unit in the last complete local fiscal year preceding the

effective date of this section. The commissioner shall be authorized to

reduce payments made to local governmental units which have received

grants pursuant to this section, in the following local fiscal year, for

failure to maintain expenditures in accordance with this subdivision.

5. The commissioner of mental health shall, no later than October

first, nineteen hundred eighty-nine and every year thereafter, issue a

report to the governor and the legislature regarding the implementation

of the section.

* NB There are 2 § 41.49's