N.Y. MHY Law § 13.37 — New York Code / Act MHY / Title C / Article 13 / Section 13.37
Powers of the office and commissioner in relation to the planning and referral of children with developmental disabilities for adult serv...
Status: in_force

§ 13.37 Powers of the office and commissioner in relation to the\n          planning and referral of children with developmental\n          disabilities for adult services.\n  (a) As used in this section:\n  1. "report" means a report submitted to the office pursuant to\nsubparagraph five of paragraph b of subdivision one of section\nforty-four hundred two of the education law or subdivision thirteen of\nsection three hundred ninety-eight of the social services law.\n  2. "child" means the child who is the subject of a report.\n  3. "local governmental unit" means a governmental unit as defined and\nused in article forty-one of this chapter.\n  4. "voluntary agency" shall have the same meaning as that used in\narticle forty-one of this chapter.\n  (b) Upon receipt of a report, the commissioner shall review the report\nand shall determine if the child will likely need adult services. If\nnecessary and appropriate, the commissioner may conduct an evaluation of\nthe child to determine if adult services will be needed. Such evaluation\nshall include, but not be limited to, the medical, vocational or day\nservices and social needs of the child, the desires of the child and of\nhis or her parents or guardian, and the availability of appropriate\nservices. If the child will likely need adult services, the commissioner\nshall develop a plan for continued care which shall include any\nevaluation and shall identify those adult programs or services which may\nbe available and which are operated or licensed by the office and by the\nlocal governmental unit of the county in which the child resides, or in\nthe event that the child resides in a county within the city of New\nYork, the local governmental unit of the city of New York. Such written\nplan shall be made available to the individual and, unless the\nindividual objects, to his or her parents or guardian as soon as\npracticable but not later than one year before the individual attains\nthe age of twenty-one. If such recommendation has been made prior to one\nyear before the individual attains the age of twenty, the office shall\nprovide yearly updates until the individual attains the age of\ntwenty-one.\n  (c) If the commissioner determines, pursuant to subdivision (b) of\nthis section, that such child will not require adult services, the\ncommissioner shall notify the child's parent or guardian and the\ncommittee on special education, multidisciplinary team or social\nservices official, which submitted the report, in writing of such\ndetermination. Such notice shall be given as soon as practicable but no\nlater than six months before the child attains the age of twenty-one.\nSuch notice shall state the reasons for the determination and may\nrecommend a state agency which may be responsible for determining and\nrecommending adult services. If such determination is not acceptable to\nthe child's parent or guardian, such person may appeal the determination\npursuant to regulations adopted by the commissioner.\n  (d) The commissioner may designate any qualified employee of the\noffice to carry out the functions described in subdivisions (b) and (c)\nof this section. The commissioner may enter agreements with local\ngovernmental units and voluntary agencies to provide the services\ndescribed in subdivisions (b) and (c) of this section. Consistent with\nthese agreements, the commissioner may designate a local governmental\nunit or voluntary agency to carry out the functions of the commissioner\ndescribed in this section and the local governmental unit or voluntary\nagency shall perform those functions.\n  (e) All information received by a local governmental unit or voluntary\nagency pursuant to this section shall be subject to the confidentiality\nrequirements of the office.\n  (f) Nothing in this section shall be construed to create an\nentitlement to adult services.\n