N.Y. Social Services Law § 398-c: Powers and duties of the commissioner in relation to children

§ 398-c. Powers and duties of the commissioner in relation to

children. 1. The commissioner shall determine whether a child, whose

report is submitted to the department 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 this article, will likely need adult services and, if

such need will likely exist, develop a recommendation of all appropriate

programs authorized or operated by the department which may be available

when the child attains the age of twenty-one. If necessary and

appropriate, the commissioner may conduct an evaluation of the child to

determine if adult services will be necessary. Such recommendation of

all programs shall be made available to the parent or guardian of such

child as soon as practicable but no later than six months before such

child attains the age of twenty-one.

2. If the commissioner determines pursuant to subdivision one 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.

3. Notwithstanding subdivisions one and two of this section, the

commissioner may determine that the department is not responsible for

determining and recommending adult services for such 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.

4. Nothing in this section shall be construed to create an entitlement

to adult services.

5. A designee of the commissioner may carry out the functions of the

commissioner described in this section.