reglab/housing_qa huggingface dataset:
NY Ment Hygiene L § 15.21 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 15 - Admission of the Mentally Retarded to Schools 15.21 - Voluntary Admissions; Conversion To.

§ 15.21 Voluntary admissions; conversion to.  (a)  Nothing  contained in this article shall be construed to prohibit any director from converting, and it shall be his duty to  convert,  the admission  of  any  involuntary  resident  suitable and willing to apply therefor to a voluntary status. The mental hygiene legal  service  shall be  given  notice  of  every  conversion from an involuntary status to a voluntary status.  (b) Any patient converted from an involuntary status  to  a  voluntary status  shall  have  the  right to a judicial hearing before the supreme court or a county court on the questions of  his  suitability  for  such conversion  and on his willingness to be so converted. The procedure for requesting such a hearing, except as to time limitation and questions to be determined, shall be pursuant to subdivisions (a) and (b) of  section 33.31.
NY Ment Hygiene L § 15.23 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 15 - Admission of the Mentally Retarded to Schools 15.23 - Voluntary Admissions; Review of Status.

§ 15.23 Voluntary admissions; review of status.  (a)  No  voluntary  resident,  whether  admitted  on  such  status  or converted thereto, shall be continued in such status for a period beyond twelve months from the date of commencement of  such  status  or  beyond twelve  months  from  the  effective  date of this chapter, whichever is later, unless the suitability of such resident to remain in such  status and  his willingness to so remain have been reviewed. The director shall review the suitability of such resident to remain in  such  status,  and the  mental  hygiene  legal service shall review the willingness of such resident to remain in such status.  Notice of the determination  of  the resident's suitability made by the director shall be given to the mental hygiene  legal  service.  If the mental hygiene legal service finds that there is any  ground  to  doubt  the  director's  determination  of  the suitability of such resident to remain in a voluntary or informal status or  the  willingness  of  the  resident  to  so remain, it shall make an application, upon notice to the resident and the director of the school, for a court order determining those questions. In any  such  proceeding, the  resident  or  someone  on  his  behalf  or the mental hygiene legal service may request a hearing. If the mental hygiene legal service finds no ground  to  doubt  the  determination  of  the  director  as  to  the suitability,  or  the  willingness  of  the  resident  to  continue in a voluntary or informal status, it shall so certify and the  resident  may be  continued in the school in such status. A copy of such certification of review shall be filed in the resident's record.  (b) If an application for a court order has been made and a hearing is requested, the provisions governing hearings contained in section  33.31 shall be applicable.  (c)  If  an application for a court order has been made, the court, in determining the proceeding, may approve the continuation of the resident as a voluntary resident or, if the court finds that the resident is  not suitable  or  willing  to continue as a voluntary resident, it may order the discharge of the resident or make such other order as  it  may  deem appropriate in the circumstances.  (d)  Prior  to  the  termination of twelve months from the date of the certification by the mental hygiene legal service on such  first  review or,  if an application for a court order has been made, from the date of the first order and, thereafter, prior  to  the  termination  of  twelve months  from  any  subsequent  certification or subsequent order, as the case may be, the director and the mental  hygiene  legal  service  shall conduct  another review of the resident's suitability and willingness to remain  as  a  voluntary  resident,  as  set  forth  in  the   foregoing subdivisions.
NY Ment Hygiene L § 15.29 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 15 - Admission of the Mentally Retarded to Schools 15.29 - Involuntary Admission on Medical Certification; Notice of Admission to Residents and Others.

§ 15.29 Involuntary   admission  on  medical  certification;  notice  of           admission to residents and others.  (a) The director shall cause written notice of a person's  involuntary admission  on  an  application  supported by medical certification to be given forthwith to the mental hygiene legal service.  (b) The director shall cause written notice of the admission  of  such person,  including  such person's rights under this article, to be given personally or by mail not later than five  days,  excluding  Sunday  and holidays, after such admission to the following:   1.  the nearest relative of the person alleged to have a developmental disability, other than the applicant, if there be any such person  known to the director.   2.  as  many  as three additional persons, if designated in writing to receive such notice by the person so admitted.
NY Ment Hygiene L § 15.35 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 15 - Admission of the Mentally Retarded to Schools 15.35 - Review of Court Authorization to Retain an Involuntary Resident.

§ 15.35 Review of court authorization to retain an involuntary resident.If  a  person  who  has  been  denied  release  or  whose retention or   continued retention has been authorized pursuant to this article, or any   relative or friend in his behalf, be dissatisfied with any such order he   may, within thirty days after the making of any  such  order,  obtain  a   rehearing  and a review of the proceedings already had and of such order   upon a petition to a justice of the supreme court other than  the  judge   or  justice  presiding  over  the  court making such order. Such justice   shall cause a jury to be summoned and shall  try  the  question  of  the   developmental  disability  and the need for retention of the resident so   authorized to be retained. Any such resident or the person  applying  on   his  behalf  for  such review may waive the trial of such fact by a jury   and consent in writing to trial of such  fact  by  the  court.  No  such   petition  for  rehearing and review may be made by anyone other than the   person so authorized to be retained  or  the  father,  mother,  husband,   wife,  or  child  of such person, unless the petitioner shall have first   obtained the leave of the court upon good cause shown. If the verdict of   the jury, or the decision of the court when jury trial has been  waived,   be that such person is not developmentally disabled or is not in need of   retention  the justice shall forthwith discharge him, but if the verdict   of the jury, or the decision of the court where a jury  trial  has  been   waived,  be  that  such  person has a developmental disability and is in   need of retention the justice shall certify that fact and make an  order   authorizing  continued  retention  under  the original order. Such order   shall be presented, at the time of authorization of continued  retention   of  such person with a developmental disability, to, and filed with, the   director of  the  school  in  which  the  person  with  a  developmental   disability  is  authorized  to  be retained, and a copy thereof shall be   forwarded to the department by such director and  filed  in  the  office   thereof.  Proceedings  under  the  order  shall not be stayed pending an   appeal therefrom, except upon an order  of  a  justice  of  the  supreme   court,  made  upon  notice  and  after  a  hearing, with provisions made   therein for such temporary care or confinement  of  the  alleged  person   with a developmental disability as may be deemed necessary.
NY Ment Hygiene L § 15.37 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 15 - Admission of the Mentally Retarded to Schools 15.37 - Transfer of Juvenile Delinquents.

§ 15.37 Transfer of juvenile delinquents.  (a)  The  commissioner  shall receive and arrange for the admission of juvenile delinquents temporarily transferred to his custody pursuant  to section  353.4  of  the  family  court  act  to  the  appropriate office facility.  (b) Immediately upon  the  admission  of  a  juvenile  as  a  resident pursuant  to this section, the director shall comply with the provisions of section 15.07 of this chapter, and the mental hygiene  legal  service shall   contact  such  juvenile  and  explain  and  make  available  the facilities thereof. Any juvenile placed pursuant to this  section  shall be subject to the provisions of article fifteen of this chapter.
NY Ment Hygiene L § 16.00 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 16 - Regulation and Quality of Services 16.00 - Regulation and Quality Control of Services for Individuals With Developmental Disabilties.

§ 16.00 Regulation  and quality control of services for individuals withdevelopmental disabilities.This article sets forth provisions enabling the  commissioner  of  the   office for people with developmental disabilities to regulate and assure   the consistent high quality of services provided within the state to its   citizens with developmental disabilities. The commissioner may adopt and   promulgate   any   regulation  reasonably  necessary  to  implement  and   effectively exercise the powers and perform the duties conferred by this   article. This article shall govern the operation of programs,  provision   of   services   and   the   facilities  hereinafter  described  and  the   commissioner's powers and authority  with  respect  thereto,  and  shall   supersede,  as  to such matters, sections of article thirty-one that are   inconsistent with the provisions of this chapter.Any provisions of this article which explicitly  or  implicitly  apply   to,  or reference, persons who are mentally retarded, shall be deemed to   apply to, or reference, persons with developmental disabilities.
NY Ment Hygiene L § 16.01 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 16 - Regulation and Quality of Services 16.01 - Evaluation of Services for Persons With Developmental Disabilities.

§ 16.01 Evaluation   of   services   for   persons   with  developmental           disabilities.  (a) The commissioner shall ensure that  all  services  provided  under this   chapter   for   persons   with   developmental  disabilities  are periodically evaluated.  (b) The commissioner shall, by  regulations,  establish  and  maintain evaluation  criteria  and  methods  which  assure  the  utility  of data generated in the evaluation of services in different areas of the  state provided under this chapter for persons with developmental disabilities, including, but not limited to:  (1)  Uniform  definitions  of  services  to persons with developmental disabilities;  (2) Uniform standards for all comparable services and programs;  (3) Uniform financial reporting procedures for comparable providers;  (4) Uniform clinical reporting procedures; and  (5) Requirements for the generation and maintenance  of  uniform  data for all individuals receiving services from any provider of services.  (c)  (1) Notwithstanding any other provision of law, the commissioner, or his designee, may require from any hospital, as defined under article twenty-eight of the public  health  law,  any  information,  report,  or record  necessary  for the purpose of carrying out the functions, powers and duties of the commissioner related to the  investigation  of  deaths and  complaints  of  abuse,  mistreatment, or neglect concerning persons with developmental disabilities who receive services, or  had  prior  to death  received  services,  in  a facility as defined in section 1.03 of this chapter, or are receiving medicaid waiver services from the  office for  people  with developmental disabilities in a non-certified setting, and have been treated at such hospitals.  (2) Any information, report, or record requested by  the  commissioner or  his  designee  pursuant to this subdivision shall be limited to that information  that  the  commissioner  determines   necessary   for   the completion of this investigation.  (3)  The information, report or record received by the commissioner or his designee pursuant to this subdivision shall be  subject  to  section two thousand eight hundred five-m, section eighteen, as added by chapter four  hundred  ninety-seven  of the laws of nineteen hundred eighty-six, and article twenty-seven-F of the public health law,  section  33.13  of this chapter, and any applicable federal statute or regulation.
NY Ment Hygiene L § 16.13 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 16 - Regulation and Quality of Services 16.13 - Duties of Providers of Services.

§ 16.13 Duties of providers of services.   It  shall  be  the  duty  of  every holder of an operating certificate issued pursuant to this article or organization whose  incorporation  or activities  require  the approval of the commissioner, or program funded or administered by the office to assist such office and  the  commission on  quality  of  care  for  the  mentally disabled in carrying out their respective regulatory and oversight functions by:  (a) Complying with the applicable provisions of  this  chapter,  other applicable laws, and the regulations of the commissioner.  (b)   Making   reports  of  allegations  of  reportable  incidents  in accordance with article  eleven  of  the  social  services  law  to  the vulnerable persons' central register, which shall screen and immediately forward  reports  that  appear  to  allege crimes to the appropriate law enforcement agency.  (c) Cooperating  with  the  commissioner  or  his  or  her  authorized representative  and  the  commission on quality of care for the mentally disabled  or  any  representative  authorized  by  the  chair  of   such commission in any investigation or inspection conducted by the office or such commission.  (d)   Permitting   the   commissioner   or   his   or  her  authorized representative and the commission on quality of care  for  the  mentally disabled   or  any  representative  authorized  by  the  chair  of  such commission to inspect its facility and all books and records,  including financial  records  and  client records, kept by it and to interview and examine any client at its facility except that no  such  client  may  be examined against his or her will.  (e)  Posting  a  visible  notice.  Facilities  licensed,  certified or operated by  the  office  shall  post  signs  in  accordance  with  this subdivision.  Such  signs  shall  be  posted  and visible where employee notices are posted, be not less than eight and one-half inches by eleven inches and shall read: "In case of an emergency, dial 911".
NY Ment Hygiene L § 16.21 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 16 - Regulation and Quality of Services 16.21 - Injunctions.

§ 16.21 Injunctions.  (a)  The supreme court may, on application of the commissioner, enjoin violations or threatened violations of any provision of this article  or violations of the regulations of the office established pursuant to this chapter.  Upon  request  of  the  commissioner, the attorney general may maintain a proceeding in the supreme court in the name of the people  of the  state  to  enjoin  any such violation, provided that notice of such violation or threatened violation and proposed referral to the  attorney general  has been given to the violator by mailing notice thereof to the last known address of the violator by registered mail.  The  court  may, upon  proof that such violation is one which may result in injury to any person, whether or not such person is a party to such  action,  grant  a temporary  restraining order upon such terms as may be just, pending the determination of the proceeding. No security on the part  of  the  state shall be required.  (b)  It  shall be the duty of the attorney general upon the request of the commissioner to bring an action for an injunction against any person who violates, disobeys or disregards  any  term  or  provision  of  this chapter  or  of any lawful notice, order or regulation pursuant thereto; provided, however, that the  commissioner  shall  furnish  the  attorney general  with  such  material,  evidentiary  matter  or  proof as may be requested by the attorney general for the prosecution of such an action.
NY Ment Hygiene L § 16.23 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 16 - Regulation and Quality of Services 16.23 - Family Care Homes.

§ 16.23 Family care homes.  (a) Family care homes shall be subject to visitation and inspection of the office.  (b)  Operation  of  a  family care home shall be in accordance with an operating certificate issued pursuant to section 16.05 of this  article, subject to the following additional requirements:  (1)  Operating certificates for family care homes shall be issued only to natural persons, and corporations for  profit  shall  not  be  formed under the business corporation law for any such purpose.  (2)  Except  as  provided  in  paragraph  three of this subdivision no family care homes shall be  issued  an  operating  certificate  for  the purpose of providing suitable care therein to more than six persons.  (3)  Any  provider  of  service providing family care to more than six persons on July first, nineteen hundred seventy-five shall be issued  an operating  certificate  for  a  family  care home effective April first, nineteen hundred seventy-seven,  pursuant  to  the  provisions  of  this section,  provided  that  such  person fulfills all requirements of this section except for the number of persons in care, and that  such  person agrees  to  provide family care to no more than ten persons on and after April first, nineteen hundred seventy-seven.  (c) The commissioner shall promulgate  and  distribute  a  caretaker's manual for the operation of family care homes.  (d) The office shall provide substitute caretakers to each family care home  for  a  maximum  of  ten  days  per  year, either directly or as a purchase of service.  (e) The commissioner shall  establish  a  procedure,  subject  to  the approval  of  the  state  comptroller,  whereby  payments may be made to operators of family care homes for one or more of the following needs of clients residing in such  facilities,  limited  to  two  hundred  ninety dollars  per  client  per  year  and  paid  semi-annually  in the manner specified by such procedures:  (1) Replacement of necessary clothing;  (2) Personal requirements and incidental needs of clients;  (3) Recreational and cultural activities of clients. Such payments may be made from monies appropriated to the office for  this  purpose.  Such payments  shall  be  audited  by  the  office  pursuant to an audit plan approved by the comptroller.
NY Ment Hygiene L § 16.31 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 16 - Regulation and Quality of Services 16.31 - Monthly Personal Allowances.

§ 16.31 Monthly personal allowances.  (a)  All  persons  residing  in  facilities  for  which  an  operating certificate is required pursuant to this article shall be entitled to an exemption from income as a personal needs  allowance  in  the  following amounts:   1.  For  persons  residing  in  family  care,  community residences or schools  for  persons  with  developmental  disabilities,   the   amount specified  in subdivision one of section one hundred thirty-one-o of the social services law.   2. For persons residing in intermediate care facilities,  the  amounts set  forth  in  subparagraph  ten  of  paragraph a of subdivision two of section three hundred sixty-six of the social services law.  (b)  Any  person  residing  in  a  facility  for  which  an  operating certificate  is  required pursuant to this article who has no income, or who  has  otherwise  non-exempt  income  in  an  amount  less  that  the appropriate amount pursuant to subdivision (a) of this section, shall be eligible  for  a  state payment in an amount equal to subdivision (a) of this section less  the  amount  of  the  person's  otherwise  non-exempt income.
NY Ment Hygiene L § 16.33 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 16 - Regulation and Quality of Services 16.33 - Review of Criminal History Information Concerning Certain Prospective Employees.

§ 16.33 Review   of  criminal  history  information  concerning  certain           prospective employees.  (a) Every provider of services who contracts with or  is  approved  or otherwise  authorized  by  the  office to provide services, except (1) a department facility, (2) a hospital as defined in  article  twenty-eight of  the  public  health  law, or (3) a licensed professional under title eight of the education law who does not have employees or volunteers who will have regular and substantial unsupervised or unrestricted  physical contact  with  the  clients  of such provider, and every applicant to be such a provider of services except (i) a  department  facility,  (ii)  a hospital as defined in article twenty-eight of the public health law, or (iii) a licensed professional under title eight of the education law and who  does  not  have  employees  or volunteers who will have regular and substantial unsupervised  or  unrestricted  physical  contact  with  the clients  of such provider, shall request that the justice center for the protection of people with special needs check,  and  upon  such  request such  justice  center  shall  request and shall be authorized to receive from  the  division  of  criminal  justice  services  criminal   history information,  as  such phrase is defined in paragraph (c) of subdivision one  of  section  eight  hundred  forty-five-b  of  the  executive  law, concerning  each (A) prospective operator, employee or volunteer of such provider  who  will  have  regular  and  substantial   unsupervised   or unrestricted  physical contact with the clients of such provider, or (B) other person over the age of eighteen who is to reside in a family  care home,  except  any  person receiving family care services, who will have regular and substantial unsupervised or  unrestricted  physical  contact with  the  clients  of  such  provider.  For  purposes  of this section, "operator" shall include any natural person with an  ownership  interest in the provider of services.  (b) Access to and the use of such information shall be governed by the provisions of section eight hundred forty-five-b of the executive law.