2023 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.