N.Y. MHY Law § 7.38 — New York Code / Act MHY / Title B / Article 7 / Section 7.38
Additional duties of the office with respect to persons receiving transitional care
Status: in_force

§ 7.38 Additional duties of the office with respect to persons receiving\ntransitional care.\n  (a) The office shall, in consultation with the department of social\nservices, the education department, the office for people with\ndevelopmental disabilities, and the council on children and families,\ndevelop a plan and implement procedures to help assure that all persons\nwho are at the age or time to first qualify for transitional care as\ndescribed in section 7.37-a of this article, and for whom the office has\naccepted planning responsibilities, receive assistance in locating an\nappropriate and available residential placement or plan of services,\nwithin the state and within the system of care subject to the\njurisdiction of the office, prior to the age or time at which they would\notherwise have qualified for transitional care, if such individual had\nbecome twenty-one or become ineligible for educational services prior to\nJuly first, nineteen hundred ninety-six. For purposes of this section,\nthe age or time at which a person would qualify for transitional care is\ntwenty-one for persons in foster care, and the end of the school year in\nwhich they become 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 for people with\ndevelopmental disabilities, and the council on children and families,\ndevelop a plan and implement procedures to help assure that all persons\nin transitional care receive assistance in locating appropriate and\navailable placements or services within the adult care systems\nsupervised or funded by the office, and to monitor the health and safety\nof persons receiving transitional funding pursuant to section 7.37-a of\nthis article. In connection with the plans and procedures, the office\nshall establish standards governing the quality of care provided to such\npersons by the residential programs, including standards relating to the\ndevelopment and monitoring of written individual services plans for each\nsuch person, the involvement of the individual and, unless the\nindividual objects, parents, guardians or other persons interested in\nthe care of such persons in the development of written individual\nservices plans, and the investigation of complaints relating to the\nquality of care or services provided to such persons. In appropriate\ncircumstances, the office shall work with the individual and, unless the\nindividual objects, the parents, guardians or other family members to\nhelp determine 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 department of education to address\nany requirements of those departments relating to the removal of any\nperson 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 can be appropriately cared for in an available adult\ncare facility or service licensed, certified or approved by the office,\nand whose removal from a child care facility is not required on an\nexpedited basis, the office shall notify the person and the person's\nguardian, if one has been appointed, or another individual who has been\ninvolved in the care of the person and who can represent the person's\ninterests, of the availability of an administrative appeal to review the\ndetermination, and of the need to request such an appeal within thirty\ndays of the notice. If the person, guardian or other individual requests\nan administrative appeal within the time required, the office shall\nschedule a hearing and the commissioner or his or her designee shall\nissue a determination 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 transitional care funding for the person as of a date\ncertain.\n  (f) In any case where an individual receiving transitional funding 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 and the individual, and unless the individual objects, parents,\nguardians or other persons interested in the care of such person prior\nto the transfer. The transfer plan shall include any information\nnecessary to facilitate a safe transfer, such as specific problems, a\nschedule for administering medications and behavior unique to the\nindividual.\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