2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.37 - Powers of the Office and Commissioner in Relation to the Planning and Referral of Mentally Ill Children for Adult Services.

§ 7.37 Powers of the office and commissioner in relation to the planning
and referral of mentally ill children 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,  unless  the  individual
objects,  and  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 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.
(d)  Notwithstanding  subdivisions  (b)  and  (c) of this section, the
commissioner may determine  that  the  office  is  not  responsible  for
determining  and  recommending adult services for the child. When such a
determination is made it shall be made  as  soon  as  practicable  after
receiving  the  report  and  the  commissioner  shall promptly notify in
writing the committee on special education,  multidisciplinary  team  or
social services official who sent the report that such determination has
been made. 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.
(e) The commissioner may  designate  any  qualified  employee  of  the
office or any psychiatric center to carry out the functions described in
subdivisions  (b),  (c)  and  (d)  of this section. The commissioner may
enter agreements with local governmental units and voluntary agencies to
provide the services described in subdivisions (b), (c) and (d) 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.
(f) 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.
(g)   Nothing  in  this  section  shall  be  construed  to  create  an
entitlement to adult services.