N.Y. MHY Law § 13.38 — New York Code / Act MHY / Title C / Article 13 / Section 13.38
Additional duties of the office with respect to persons receiving transitional care
Status: in_force

§ 13.38 Additional duties of the office with respect to persons\nreceiving transitional care.\n  (a) The office shall, in consultation with the department of social\nservices, the education department, the office of mental health, and the\ncouncil on children and families, develop a plan and implement\nprocedures to help assure that all persons who are at the age or time to\nfirst qualify for transitional care, as described in section 13.37-a of\nthis article, and for whom the office has accepted planning\nresponsibilities, receive assistance in locating an appropriate and\navailable residential placement or plan of services, within the state\nand within the system of care subject to the jurisdiction of the office,\nprior to the age or time at which they would otherwise have qualified\nfor transitional care, if such individuals had become twenty-one or\nbecome ineligible for educational services prior to July first, nineteen\nhundred ninety-six. For purposes of this section, the age or time at\nwhich a person would qualify for transitional care is twenty-one for\npersons in foster care, and the end of the school year in which they\nbecome twenty-one for persons in residential schools.\n  (b) The office shall, in consultation with the  department of  social\nservices, the education department, the office of mental health,  and\nthe council on children and families, develop a plan and implement\nprocedures to help assure that all persons in  transitional  care\nreceive  assistance  in locating  appropriate  and available  placements\nwithin the adult care systems supervised or funded by the office, and to\nmonitor the health and  safety  of persons  receiving transitional\nfunding pursuant to section 13.37-a of this article. In connection  with\nthe plans and procedures, the office shall establish standards governing\nthe quality  of  care  provided to such persons by the residential\nprograms, including standards relating to the development and monitoring\nof  written individual  services plans for each such person, the\ninvolvement of the individual and, unless the individual objects,\nparents, guardians or other persons interested in the care of such\npersons in the development of  written individual services plans, and\nthe investigation of complaints relating to the quality of care or\nservices provided to such persons.  In appropriate circumstances, the\noffice shall work with the individual and, unless the individual\nobjects, the parents, guardians or other family members to help\ndetermine what services would be necessary to enable the family to\nprovide care for the person at their home or in an independent community\nsetting, and shall provide or assist in arranging for those services to\nthe extent funds  are available  for  that purpose.\n  (c) The office shall enter into a memorandum of understanding with the\ndepartment of social services to facilitate access by the office to\nchild care facilities providing transitional care to young adults as may\nbe necessary for the office to meet its responsibilities for monitoring\nthe care of the young adults.\n  (d) The office shall enter into memorandums of understanding with the\ndepartment of social services and the state education department to\naddress any requirements of those departments relating to the removal of\nany person receiving transitional care from a child care facility or\nresidential school whose continuation in such facility or school may\nadversely affect the health, safety or welfare of children residing in\nthe facility or school. The memorandum shall set forth the procedures\nthe  office will follow in offering a placement or services in the adult\ncare system, if necessary and appropriate, on an expedited basis, or any\nother procedures for assuring alternative care and services  are\navailable to the young adult, and the manner in which the department of\nsocial services or state education department will be informed of the\nprogress of those efforts.\n  (e) Upon making a determination that a person who is receiving\ntransitional care or care pursuant to subdivision (g) of this section\ncan be appropriately cared for in an available adult care facility or\nservice licensed, certified or approved by the office, and whose removal\nfrom a child care facility is not required on an expedited basis, the\noffice shall notify in writing the person and the person's guardian, if\none has been appointed, or another individual who has been involved in\nthe care of the person and who may represent the person's interests, of\nthe description of the proposed new placement, the availability of an\nadministrative appeal to review the determination and of the need to\nrequest such an appeal in writing within thirty days of the notice. If\nthe person, guardian or other individual requests an administrative\nappeal within the time required, the office shall schedule a hearing\nproviding no less than ten days notice to the objecting party and the\ncommissioner or his or her designee shall issue a written determination\nto the objecting party within thirty days of the adjournment of the\nhearing, on whether the adult placement identified by the office is\nappropriate to the needs of the person and is available or will become\navailable on an identified date certain. If the person, guardian or\nother individual does not request a hearing within the time required, or\nif the hearing results in a determination that the proposed adult\nservices or placement is appropriate to the needs of the person and is\navailable or will be available on an identified date certain, the office\nshall discontinue care funding for the person as of a date certain. The\nwritten determination shall be the final administrative remedy available\nand shall be subject to review in accordance with the provisions of\narticle seventy-eight of the civil practice law and rules.\n  (f) In any case where an individual receiving transitional care is\nabout to be transferred from one facility to another,  a transfer plan\nshall be prepared by the sending facility and forwarded to the receiving\nfacility, the individual and, unless the individual objects, the\nparents, guardian or other family members prior to the transfer. The\ntransfer plan shall include any information necessary to facilitate a\nsafe transfer, such as specific problems, a schedule for administering\nmedications and behavior unique to the individual.\n  (g) The  office  may make payments necessary to maintain individuals\ndescribed in subdivision (a) of this section in a child care facility or\nresidential school on an emergency basis where circumstances temporarily\nprevent the transfer of individuals to adult services or placements.\n