N.Y. MHY Law § 41.49*2 — New York Code / Act MHY / Title E / Article 41 / Section 41.49*2
Community based mental health services for seriously emotionally disturbed children
Status: in_force

* § 41.49 Community based mental health services for seriously\n             emotionally disturbed children.\n  1. As used in this section:\n  "Seriously emotionally disturbed children" shall mean persons under\nthe age of eighteen who have a serious, persistent disability which:\n  (i) is caused by a medically determined mental illness as evidenced by\na primary psychiatric diagnosis by a physician, or is caused by other\nserious emotional disturbance as defined by regulations of the\ncommissioner of mental health;\n  (ii) has continued or is likely to continue for a period of at least\none year;\n  (iii) would cause substantial risk of psychiatric hospitalization in\nthe absence of community based mental health services; and\n  (iv) results in substantial functional limitations in two or more of\nthe following areas: (A) self-care at an appropriate developmental\nlevel, (B) receptive and expressive language, (C) learning, (D)\nself-direction, and (E) capacity for living in a family environment.\n  2. The commissioner of mental health is authorized, within\nappropriations made therefor, to make grants to local governmental units\nfor one hundred percent of the net operating costs of community based\nprograms approved by his office to serve seriously emotionally disturbed\nchildren. Grants provided under this section shall only be used to\nexpand existing services or to create new services for seriously\nemotionally disturbed children and shall not supplant existing services\nfor such individuals.  The commissioner shall promulgate rules and\nregulations for the operation and funding of such programs. Such rules\nand regulations shall include but not be limited to, eligibility and\nprogram requirements, and standards for reimbursement. Such programs\nshall be designed to provide mental health services to seriously\nemotionally disturbed children in the community who, absent such\nservices, would experience substantial risk of new or additional\npsychiatric hospitalization, or would experience substantial risk of\nserious functional disability as a result of their mental illness.\n  3. Nothing in this section shall be deemed to diminish the education\ndepartment's responsibility for the education of children with\nhandicapping conditions.\n  4. Notwithstanding any other provision of this article, in order to\nqualify for one hundred percent state aid pursuant to this section,\nlocal governmental units shall assure that local contributions for\nexpenditures in any local fiscal year for local services provided to\nmentally ill persons made pursuant to this article, as applicable, shall\nbe equal to or greater than the amount expended by such local\ngovernmental unit in the last complete local fiscal year preceding the\neffective date of this section. The commissioner shall be authorized to\nreduce payments made to local governmental units which have received\ngrants pursuant to this section, in the following local fiscal year, for\nfailure to maintain expenditures in accordance with this subdivision.\n  5. The commissioner of mental health shall, no later than October\nfirst, nineteen hundred eighty-nine and every year thereafter, issue a\nreport to the governor and the legislature regarding the implementation\nof the section.\n  * NB There are 2 § 41.49's\n