NY Ment Hygiene L § 7.38 (2021)
2021 New York Laws MHY - Mental Hygiene Title B - Mental Health Act Article 7 - Office of Mental Health 7.38 - Additional Duties of the Office With Respect to Persons Receiving Transitional Care.

§ 7.38 Additional duties of the office with respect to persons receiving transitional care.  (a)  The  office  shall, in consultation with the department of social services,  the  education  department,  the  office  for   people   with developmental  disabilities,  and  the council on children and families, develop a plan and implement procedures to help assure that all  persons who  are  at  the  age or time to first qualify for transitional care as described in section 7.37-a of this article, and for whom the office has accepted planning responsibilities, receive assistance  in  locating  an appropriate  and  available  residential  placement or plan of services, within  the  state  and  within  the  system  of  care  subject  to  the jurisdiction of the office, prior to the age or time at which they would otherwise  have  qualified for transitional care, if such individual had become twenty-one or become ineligible for educational services prior to July first, nineteen hundred ninety-six. For purposes of  this  section, the age or time at which a person would qualify for transitional care is twenty-one for persons in foster care, and the end of the school year in which they become twenty-one for persons in residential schools.  (b)  The  office  shall, in consultation with the department of social services,  the  education  department,  the  office  for   people   with developmental  disabilities,  and  the council on children and families, develop a plan and implement procedures to help assure that all  persons in  transitional  care  receive  assistance  in locating appropriate and available  placements  or  services  within  the  adult   care   systems supervised or funded by the office, and to monitor the health and safety of  persons receiving transitional funding pursuant to section 7.37-a of this article. In connection with the plans and  procedures,  the  office shall establish standards governing the quality of care provided to such persons by the residential programs, including standards relating to the development and monitoring of written individual services plans for each such   person,  the  involvement  of  the  individual  and,  unless  the individual objects, parents, guardians or other  persons  interested  in the  care  of  such  persons  in  the  development of written individual services plans, and the investigation  of  complaints  relating  to  the quality  of  care  or  services provided to such persons. In appropriate circumstances, the office shall work with the individual and, unless the individual objects, the parents, guardians or other  family  members  to help  determine what services would be necessary to enable the family to provide care for the person at their home or in an independent community setting, and shall provide or assist in arranging for those services  to the extent funds are available for that purpose.  (c) The office shall enter into a memorandum of understanding with the department  of  social  services  to  facilitate access by the office to child care facilities providing transitional care to young adults as may be necessary for the office to meet its responsibilities for  monitoring the care of the young adults.  (d)  The office shall enter into memorandums of understanding with the department of social services and the department of education to address any requirements of those departments relating to  the  removal  of  any person  receiving  transitional  care  from  a  child  care  facility or residential school whose continuation in such  facility  or  school  may adversely  affect  the health, safety or welfare of children residing in the facility or school. The memorandum shall set  forth  the  procedures the  office will follow in offering a placement or services in the adult care system, if necessary and appropriate, on an expedited basis, or any other  procedures  for  assuring  alternative  care  and  services   are available  to the young adult, and the manner in which the department of  social services or state education department will be  informed  of  the progress of those efforts.  (e)  Upon  making  a  determination  that  a  person  who is receiving transitional care can be appropriately cared for in an  available  adult care  facility or service licensed, certified or approved by the office, and whose removal from a child care  facility  is  not  required  on  an expedited  basis,  the  office  shall notify the person and the person's guardian, if one has been appointed, or another individual who has  been involved  in  the  care of the person and who can represent the person's interests, of the availability of an administrative appeal to review the determination, and of the need to request such an appeal  within  thirty days of the notice. If the person, guardian or other individual requests an  administrative  appeal  within  the  time required, the office shall schedule a hearing and the commissioner or his  or  her  designee  shall issue  a  determination  within  thirty  days  of the adjournment of the hearing on whether the adult  placement  identified  by  the  office  is appropriate  to  the needs of the person and is available or will become available on an identified date certain.  If  the  person,  guardian  or other individual does not request a hearing within the time required, or if  the  hearing  results  in  a  determination  that the proposed adult services or placement is appropriate to the needs of the person  and  is available or will be available on an identified date certain, the office shall  discontinue transitional care funding for the person as of a date certain.  (f) In any case where an individual receiving transitional funding  is about  to  be  transferred from one facility to another, a transfer plan shall be prepared by the sending facility and forwarded to the receiving facility and the individual, and unless the individual objects, parents, guardians or other persons interested in the care of such  person  prior to  the  transfer.  The  transfer  plan  shall  include  any information necessary to facilitate a safe transfer, such as  specific  problems,  a schedule  for  administering  medications  and  behavior  unique  to the individual.  (g) The office may make payments  necessary  to  maintain  individuals described in subdivision (a) of this section in a child care facility or residential school on an emergency basis where circumstances temporarily prevent the transfer of individuals to adult services or placements.