NY Ment Hygiene L § 13.37 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 13 - Office for People With Developmental Disabilities 13.37 - Powers of the Office and Commissioner in Relation to the Planning and Referral of Children With Developmental Disabilities for Adult Services.

§ 13.37 Powers  of  the  office  and  commissioner  in  relation  to the           planning  and  referral   of   children   with   developmental           disabilities for adult services.  (a) As used in this section:   1. "report"  means  a  report  submitted  to  the  office  pursuant to subparagraph  five  of  paragraph  b  of  subdivision  one  of   section forty-four  hundred  two of the education law or subdivision thirteen of section three hundred ninety-eight of the social services law.   2. "child" means the child who is the subject of a report.   3. "local governmental unit" means a governmental unit as defined  and used in article forty-one of this chapter.   4. "voluntary  agency"  shall  have  the  same meaning as that used in article forty-one of this chapter.  (b) Upon receipt of a report, the commissioner shall review the report and shall determine if the child will likely  need  adult  services.  If necessary and appropriate, the commissioner may conduct an evaluation of the child to determine if adult services will be needed. Such evaluation shall  include,  but  not  be limited to, the medical, vocational or day services and social needs of the child, the desires of the child and  of his  or  her  parents  or  guardian, and the availability of appropriate services. If the child will likely need adult services, the commissioner shall develop  a  plan  for  continued  care  which  shall  include  any evaluation and shall identify those adult programs or services which may be available and which are operated or licensed by the office and by the local  governmental unit of the county in which the child resides, or in the event that the child resides in a county  within  the  city  of  New York,  the local governmental unit of the city of New York. Such written plan  shall  be  made  available  to  the  individual  and,  unless  the individual  objects,  to  his  or  her  parents  or  guardian as soon as practicable but not later than one year before  the  individual  attains the age of twenty-one. If such recommendation has been made prior to one year  before  the individual attains the age of twenty, the office shall provide  yearly  updates  until  the  individual  attains  the  age   of twenty-one.  (c)  If  the  commissioner  determines, pursuant to subdivision (b) of this section, that such child  will  not  require  adult  services,  the commissioner  shall  notify  the  child's  parent  or  guardian  and the committee  on  special  education,  multidisciplinary  team  or   social services  official,  which  submitted  the  report,  in  writing of such determination. Such notice shall be given as soon as practicable but  no later  than  six  months before the child attains the age of twenty-one. Such notice shall state  the  reasons  for  the  determination  and  may recommend  a  state  agency which may be responsible for determining and recommending adult services. If such determination is not acceptable  to the child's parent or guardian, such person may appeal the determination pursuant to regulations adopted by the commissioner.  (d)  The  commissioner  may  designate  any  qualified employee of the office to carry out the functions described in subdivisions (b) and  (c) of  this  section.  The  commissioner  may  enter  agreements with local governmental units  and  voluntary  agencies  to  provide  the  services described  in  subdivisions (b) and (c) of this section. Consistent with these agreements, the commissioner may designate  a  local  governmental unit  or voluntary agency to carry out the functions of the commissioner described in this section and the local governmental unit  or  voluntary agency shall perform those functions.  (e) All information received by a local governmental unit or voluntary agency  pursuant to this section shall be subject to the confidentiality requirements of the office.  (f)  Nothing  in  this  section  shall  be  construed  to  create   an entitlement to adult services.