NY Soc Serv L § 473-D (2021)
2021 New York Laws SOS - Social Services Article 9-B - Adult Protective Services Title 3 - Community Guardianship 473-D - Community Guardianship.

§  473-d.  Community  guardianship.  1. Definitions. When used in this section unless otherwise expressly  stated  or  unless  the  context  or subject matter requires a different interpretation:  (a)  "Community  guardian  program" means a not-for-profit corporation incorporated under the laws  of  the  state  of  New  York  or  a  local governmental agency which has contracted with or has an agreement with a local   social   services   official   to   provide  conservatorship  or committeeship services to eligible persons as provided in this title.  (b) "Hospital" means a hospital  as  defined  in  subdivision  one  of section  two  thousand  eight hundred one of the public health law, or a hospital as defined in subdivision ten of section  1.03  of  the  mental hygiene law.  (c)  "Residential  facility"  means  a  facility  licensed pursuant to article  twenty-eight  of  the  public  health  law,  article  nineteen, twenty-three,  thirty-one  or  thirty-two  of the mental hygiene law, or article seven of this chapter.   2. A social services official may contract with a  community  guardian program  for the provision of conservatorship or committeeship services. A social services official may bring a petition to appoint  a  community guardian  program  as  conservator or committee for a person only if the person is:  (a) eligible for and in  receipt  of  adult  protective  services,  as defined  in  section  four hundred seventy-three of this chapter, at the time of the petition; and  (b) without a capable friend or relative or responsible agency willing and able to serve as conservator or committee; and  (c) living outside of a hospital or residential facility, or living in a hospital or residential facility  and  appointment  of  the  community guardian  program  is  part  of  a  plan  to  return  such person to the community.   3. A contract or agreement between a local  social  services  official and a community guardian program shall require that:  (a)  the  community  guardian  program  shall make its best efforts to maintain  each  person  for  whom  the  community  guardian  program  is appointed  as  conservator or committee in a place other than a hospital or residential facility;  (b) the  community  guardian  program  shall  petition  the  court  to relinquish  its  duties as conservator or committee if a person for whom the community guardian program is appointed as conservator or  committee regains  capacity or competence, or a capable friend or relative becomes available to serve as conservator or committee, or the person must enter a hospital or residential facility on a long-term basis;  (c) the community guardian program shall act on behalf of each  person for  whom  the community guardian program is appointed as conservator or committee to obtain such medical, social, mental health, legal and other services as are available and to which the person is entitled and as are required for the person's safety and well-being and shall  advocate  for all  entitlements,  public  benefits,  and services for which the person qualifies and which the person requires;  (d) all remuneration awarded to the community guardian program by  the court  from  the  estate  of  a  person  for whom the community guardian program is appointed as conservator or committee shall be based upon the cost of the community guardian program incurred in serving  such  person or  the  fee  that would otherwise be awarded by the court, whichever is the lesser, and paid over to the social services district;  (e) the files and records of the community guardian program  shall  be open  to  inspection  to  the  local  social  services officials and the department;  (f) no director, officer or employee of the community guardian program shall have a substantial interest in any  corporation,  organization  or entity  that  provides  services  to  any  person for whom the community guardian program is conservator or committee;  (g)  the  community guardian program shall obtain annually a statement prepared by  a  physician,  psychologist,  nurse  clinician,  or  social worker, or other person evaluating the condition and functional level of a  person  for  whom  the  community guardian program serves as guardian pursuant to paragraph five of subdivision (b) of section  81.31  of  the mental  hygiene  law  and  the appointing court shall be informed of the results of such evaluation or examination and may  discharge  or  modify the  powers  of  the  guardian  pursuant  to section 81.36 of the mental hygiene law. The person  conducting  the  evaluation  pursuant  to  this paragraph  shall not be affiliated with a community guardian program and shall be acting within their lawful scope  of  practice  as  established under the education law;  (h)  persons  hired  by  the  community  guardian  program  to provide services to a person for whom the community guardian  program  has  been named  conservator  or  committee shall have expertise in one or more of the  areas  of  mental  health  services,  protective  services,  social services or home care services or appropriate experience.   4.  A local social services official shall not be relieved of any duty to provide services to  a  person  by  reason  of  the  operation  of  a community  guardian  program  in  the  locality  or by cessation of such program in the locality.   5. The department may promulgate rules and  regulations  necessary  to implement this title.   6.  Expenditures  made  by  a  social  services  district, directly or through purchase  of  services,  in  petitioning  for  or  acting  as  a conservator  or  committee,  or  made pursuant to contract for community guardianship services in accordance with the provisions of  this  title, shall  be  subject  to  reimbursement  by  the state, in accordance with regulations of the department, in the amount of fifty per centum of such expenditures, after first deducting therefrom any federal funds properly received or to be received on account thereof and any  amounts  received pursuant to paragraph (d) of subdivision three of this section.   7.   Nothing   in   this   title   shall   lessen   or  eliminate  the responsibilities and powers required by law of any  agency,  department, or any subdivision thereof.   8.  On or before December thirty-first, nineteen hundred eighty-seven, the commissioner shall submit an interim report  to  the  governor,  the temporary  president  of  the  senate  and  the  speaker of the assembly detailing progress and evaluating results of this program. On or  before December  thirty-first,  nineteen hundred eighty-eight, the commissioner shall submit a final report to the governor, the temporary president  of the  senate and the speaker of the assembly on the effectiveness of this act.