reglab/statecodes huggingface dataset:
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.24 - Sheltered Workshops, Work Activity and Day Training Services.

§ 13.24 Sheltered workshops, work activity and day training services.
1.  As  used  in  this  section,  the  following  terms shall have the
  following meanings.
a. "Sheltered workshops" means a program operated for the  purpose  of
  providing   sheltered   employment   to   persons   with   developmental
  disabilities.
b. "Work activity and  day  training  services"  means  pre-vocational
  activities defined by regulation of the commissioner designed to enhance
  the  ability  of  a  person  with  a developmental disability to receive
  vocational rehabilitation services.
2. The commissioner shall develop methods to  fund  by  agreement  the
  reasonably  related  cost  of  services,  subject to the approval of the
  director of the budget, provided in sheltered workshops,  work  activity
  and  day  training  services.  The  commissioner  shall  determine those
  facilities and agencies  providing  such  services  and  shall  describe
  characteristics  of  clients  receiving  such services. The commissioner
  shall determine methods of improving the current  financing  system  for
  such services.
3.  The  methods  of  improving  the  current  financing  system shall
  include, but not be limited to, the following:
a.  Provision  of  equitable   funding   to   all   individuals   with
  developmental  disabilities  which is not dependent upon prior residence
  in facilities of the office.
b. Establishment of systems of provider accountability  for  units  of
  service  rendered  in  return  for  payments  made and development of an
  advanced payment mechanism.
c. Recommendation of rules, regulations and standards for the  payment
  for provision of services.
4. The commissioner shall report to the legislature on the progress of
  determining  methods  of  improving  the  current financing system on or
  before April first, nineteen hundred eighty-two.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.25 - Safety.

§ 13.25 Safety.
(a)  The commissioner and the directors of facilities under his or her
jurisdiction may designate safety officers  to  act  as  special  police
officers  whose  duty  it  shall  be,  under  orders  of the appropriate
officer, to preserve peace and good order  in  such  facilities  and  to
fully protect the grounds, buildings, and patients. Such safety officers
acting  as special police officers shall possess all the powers of peace
officers, as set forth in section 2.20 of the  criminal  procedure  law,
while  performing  duties  in  or  arising  out  of  the course of their
employment. Such peace officers when acting pursuant  to  their  special
duties  may  issue  and  serve  a  simplified  traffic  information  and
appearance ticket, in the form prescribed by the commissioner  of  motor
vehicles  pursuant  to  section  two  hundred  seven  of the vehicle and
traffic law, upon a person when  he  or  she  has  reasonable  cause  to
believe  that  such  person has committed a traffic infraction in his or
her presence, and shall have the power to issue and serve an  appearance
ticket as defined in section 150.10 of the criminal procedure law for an
offense other than a felony in lieu of an arrest.
(b)  The  commissioner  shall  cause to be developed and implemented a
comprehensive training program for such safety officers. Such a  program
is  to be provided to persons hired as safety officers within five weeks
after such hiring, and  shall  include,  but  need  not  be  limited  to
training in the following areas:
1. fire prevention;
2. basic criminal law;
3. first aid and cardio pulmonary resuscitation;
4. conducting investigations;
5.  rudimentary  police  work,  including issuance of summons, traffic
control, and lawful use of force;
6. the proper use of restraint; and
7. any other training deemed necessary to augment such person's skills
in providing necessary safety and security services for the facility.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.27 - Facility Services.

§ 13.27 Facility services.
(a)  Chapels.  The commissioner may permit any religious or missionary
corporation or society or combination of such corporations and societies
to erect a building on the grounds of any facility in the office for the
holding of religious service, to be used exclusively for the benefit  of
the  patients and employees of such facility, subject to such conditions
as may be imposed by the commissioner.
(b) Fire mutual aid. In cooperation with the development and operation
of plans for mutual aid in cases of fire and other  public  emergencies,
the  director  of a facility in the office for people with developmental
disabilities, with the approval of the commissioner, may  authorize  the
fire  department  of  the  facility  to  furnish  aid  to such territory
surrounding the facility as may be practical in cases of fire  and  such
emergencies,  having  due  regard  to  the  safety  of  the patients and
property of the facility and to engage in practice and training programs
in connection with the development and  operation  of  such  mutual  aid
plans.
(c)  Community  stores. The commissioner may authorize the director of
any facility under his jurisdiction to operate a community store  or  to
lease   space  in  any  of  its  buildings  not  inconsistent  with  the
requirements of the facility for the operation of a community store  for
the  use  and  benefit  of the patients, visitors, and personnel of such
facility. The moneys received by the director of such facility under  or
pursuant  to  any such operation shall be deposited in a special fund to
be known as the community store fund and shall be used for  the  general
purposes   of  the  facility,  subject  to  the  provisions  of  section
fifty-three of the state finance law.
(d) Laboratory services. Subject to  the  commissioner's  regulations,
the  director  may agree to make the laboratory service of a facility in
the office for  people  with  developmental  disabilities  available  to
adjacent  local  governments and may receive, apply, and spend money for
the extension of laboratory  service  according  to  the  terms  of  the
agreement as approved by the commissioner.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.29 - Gifts.

§ 13.29 Gifts.
(a)  The  commissioner,  on  behalf  of the state and if in the public
interest, shall accept, hold in trust, administer,  apply,  execute,  or
use  gifts,  devises, bequests, grants, powers, or trusts of personal or
real  property  made  to  the  state,  the  office   for   people   with
developmental   disabilities,   a   facility   within  the  office,  the
commissioner, or the directors or visitors of facilities which are to be
used or may  be  used  for  purposes  of  the  office  for  people  with
developmental   disabilities,   including,   but  not  limited  to,  the
maintenance, support, or benefit of one or more patients in a facility.
(b) The commissioner, in carrying out the  provisions  of  subdivision
(a)  of this section, may create or provide separate and distinct funds,
investments,  and  deposits  and  regulate  their  use,  transfer,   and
withdrawal.  He  may dispose of a power or trust upon its expiration and
according to its terms.
(c) Subdivisions (a) and (b) of this section apply to gifts,  devises,
bequests,  grants,  powers,  or trusts given to, received, or applied by
the state, the commissioner, the office for  people  with  developmental
disabilities,  or facilities thereof and predecessor officers, agencies,
or facilities prior to as well as subsequent to the  enactment  of  this
section.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.34 - On-Site Client Advocacy in Developmental Centers.

§ 13.34 On-site client advocacy in developmental centers.
1.  There  shall  be  at  each developmental center facility listed in
  section 13.17 of this article, an ombudsman who shall be an employee  of
  the justice center for the protection of people with special needs under
  article  twenty  of  the  executive law and who shall be responsible for
  receiving  and  responding  to  any  complaints  regarding   individuals
  receiving  services  residing in such facility. The ombudsman shall have
  the following powers and duties:
i. to advise and consult with individuals receiving services, parents,
  guardians, correspondents and other interested persons with  respect  to
  any complaints, or issues related to individuals receiving services;
ii.   to  review  and  attempt  to  remedy  specific  complaints  with
  responsible and appropriate staff;
iii. where it appears that care has not been rendered as  required  by
  applicable standards to refer the complaint to the appropriate agency or
  body for its attention;
iv.  to  receive  and  keep confidential any complaint, information or
  inquiry  from  any  source.  The  records  of  the  ombudsman  shall  be
  confidential, and shall not be available to the public;
v.  to  advise  and  consult  with the board of visitors served by the
  ombudsman  with  respect  to  any  complaints  or  issues  relating   to
  individuals  receiving  services,  treatment  and  care and to regularly
  attend the meetings of such board; and
vi. to  meet  with  the  commissioner,  or  a  representative  of  the
  commissioner,  on  a  quarterly  basis  regarding systemic issues in the
  ombudsman's jurisdiction.
2. The ombudsman shall be afforded initial training and orientation by
  the justice center for the protection of people with special needs.
3. The  director  of  each  developmental  center  shall  insure  that
  parents,  guardians  and  correspondents of clients and other interested
  persons at the facility under his direction are informed with respect to
  the existence and duties of the ombudsman established pursuant  to  this
  section  by  regularly  and conspicuously posting the name, location and
  duties of the ombudsman within such facility.
4. The facility director shall insure that  each  ombudsman  is  given
  reasonable  and  private  office  quarters,  including a means of record
  keeping, on the grounds of the facility under his or her  direction  and
  that adequate administrative resources are provided to the ombudsman for
  the purpose of carrying out the duties prescribed by this section.
5.  No  one  shall  prevent  or  inhibit the ombudsman from reasonably
  executing the powers and duties prescribed by this section.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.35 - Actions Against Persons Rendering Professional Services at the Request of the Office; Defense and Indemnification.

§ 13.35 Actions  against  persons rendering professional services at the
request of the office; defense and indemnification.
The provisions of section seventeen of the public officers  law  shall
  apply  to  any  physician,  dentist,  psychologist,  nurse, optometrist,
  licensed master social  worker,  or  licensed  clinical  social  worker,
  licensed  to  practice  pursuant  to the education law, who is rendering
  professional treatment authorized under such license at the  request  of
  the  office  or  an  office  facility  to  patients  receiving  care  or
  professional  consultation  from  the  office   while   rendering   such
  professional treatment.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.39 - Registration and Notification of Boards of Directors or Trustees of Certain Voluntary Not-for-Profit Facilities or Corporations.

§ 13.39 Registration and notification of boards of directors or trustees
of    certain    voluntary    not-for-profit   facilities   or
corporations.
(a) Notwithstanding any other law, rule or regulation,  the  executive
director,  chairperson  or  president  of  a  voluntary,  not-for-profit
corporation or facility which is subject  to  the  jurisdiction  of  the
office for people with developmental disabilities shall furnish annually
to  the  commissioner  a  list of the names and addresses of the current
members of the board of  directors  or  trustees  of  such  facility  or
corporation.  Failure  to  furnish  such  annual  list shall remove such
facility or corporation from consideration for recertification.
(b) In the event that such facility or corporation is found to  be  in
violation  of the provisions of this chapter or of rules and regulations
promulgated by the commissioner pursuant to  this  chapter  which  could
result  in the revocation, cancellation, limitation or suspension of the
operating certificate of such facility and if notice of  such  violation
is provided to the facility pursuant to such regulations, a copy of such
notice  shall be provided to each of the current members of the board of
directors  or  trustees  of  such  facility  or   corporation   by   the
commissioner.
(c)  The  commissioner  is  authorized  to  promulgate  such rules and
regulations as  are  necessary  to  implement  the  provisions  of  this
section.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.41*2 - Retaliatory Personnel Actions.

* § 13.41 Retaliatory personnel actions.
Employees  of  facilities,  programs and providers operated, licensed,
  certified, authorized or funded by the office shall have protection from
  retaliatory action from employers as  provided  for  in  sections  seven
  hundred forty and seven hundred forty-one of the labor law.
* NB There are 2 § 13.41's
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.43 - First Responder Training.

* § 13.43 First responder training.
(a) The commissioner, in consultation with the commissioner of health,
the office of fire prevention and control, the municipal police training
council,  and  the  superintendent  of  state  police,  shall  develop a
training  program  and  associated  training   materials,   to   provide
instruction   and  information  to  firefighters,  police  officers  and
emergency medical services  personnel  on  appropriate  recognition  and
response   techniques   for   handling  emergency  situations  involving
individuals  with  autism  spectrum  disorder  and  other  developmental
disabilities.  The  training  program  and associated training materials
shall include any other information deemed necessary and appropriate  by
the commissioner.
(b)  Such  training  shall address appropriate response techniques for
dealing with both adults and minors with autism  spectrum  disorder  and
other developmental disabilities.
(c) Such training program may be developed as an online program.
* NB There are 2 § 13.43's
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.43*2 - Disabilities Identification Card.

* § 13.43 Disabilities identification card.
(a)  The  commissioner  shall  develop an identification card denoting
that  a  person  has  been  medically  diagnosed  with  a  developmental
disability.      Such  identification  card  may  be  presented  to  law
enforcement, firefighters and emergency medical  services  personnel  as
necessary.
(b)  Upon  the request of a person with developmental disabilities, or
the guardian or caregiver of such person, the office  shall  issue  such
developmental   disabilities  identification  card  in  accordance  with
eligibility and documentation criteria established by the office  for  a
fee to be determined by the commissioner.
(c)  The  front of such card shall indicate that it has been issued by
the office pursuant to this section and shall include:
(1) the card bearer's name;
(2) the card bearer's address;
(3) the card bearer's date of birth; and
(4) the following statement: "I HAVE A DEVELOPMENTAL DISABILITY. I MAY
HAVE DIFFICULTY UNDERSTANDING  AND  FOLLOWING  YOUR  DIRECTIONS  OR  MAY
BECOME UNABLE TO RESPOND. I MAY BECOME PHYSICALLY AGITATED IF YOU PROMPT
ME  VERBALLY  OR  TOUCH  ME  OR  MOVE  TOO  CLOSE TO ME. A DEVELOPMENTAL
DISABILITY IS NOT AN EXCUSE FOR ILLEGAL BEHAVIOR. I AM NOT INTENTIONALLY
REFUSING TO COOPERATE. I MAY NEED YOUR ASSISTANCE. PLEASE SEE  THE  BACK
OF THIS CARD."
(d) The back of such card shall include:
(1)  at  the card bearer's discretion, the name and phone number of an
individual designated by such card bearer to be  contacted  in  case  of
emergency; and
(2)  a  designated  space  where  such  card  bearer  may  include any
additional information.
* NB There are 2 § 13.43's
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities to Schools › 15.01 - Definitions.

§ 15.01 Definitions.
As used in this article:
"in   need   of  care  and  treatment"  means  that  a  person  has  a
  developmental disability and would benefit from care and treatment as  a
  resident in a school.
"in  need of involuntary care and treatment" means that a person is in
  need of in-patient care and treatment as a resident in  a  school,  that
  such care and treatment is essential to his or her welfare, and that his
  or  her  judgment  is so impaired that he or she is unable to understand
  the need for such care and treatment and that he or she poses a real and
  present risk of substantial physical  harm  to  himself  or  herself  or
  others.
"need  for  retention"  means that a person who has been admitted to a
  school pursuant to this article is  in  need  of  involuntary  care  and
  treatment in a school for a further period.
"record"  of  a  patient  shall  consist  of  admission,  transfer  or
  retention papers and orders, and  accompanying  data  required  by  this
  article and by the regulations of the commissioner.
"director  of  community  services"  means  the  director of community
  services for the mentally disabled appointed pursuant to article  eleven
  of this chapter.
any  provisions  of  this article which explicitly or implicitly apply
  to, or reference, persons who are, or who are alleged  to  be,  mentally
  retarded  shall  be deemed to apply to, or to be a reference to, persons
  who are, or who are alleged to be, developmentally disabled.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities to Schools › 15.03 - Admission to a School.

§ 15.03 Admission to a school.
Unless otherwise specifically provided for by statute, a person with a
  developmental  disability  shall  be  admitted to a school as a resident
  only pursuant to the provisions of this  article.  The  section  of  the
  mental  hygiene  law under which the resident is admitted or under which
  any change of legal status is subsequently effected, shall be stated  in
  the  resident's  record. For the purposes of this article, a school does
  not include a facility licensed as  an  intermediate  care  facility,  a
  community  residence, or a family care home, except when such a facility
  is specifically designated as a school by the commissioner.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities to Schools › 15.05 - Examining Physician or Psychologist and Medical Certificate.

§ 15.05 Examining physician or psychologist and medical certificate.
(a)  A person is disqualified from acting as an examining physician or
psychologist in the following cases:
1.  if he is a relative of the person applying for the admission or of
the person alleged to have a developmental disability.
2.  if  he  is  a  manager,  trustee,  visitor,  proprietor,  officer,
director,  or stockholder of the school in which the resident resides or
to which it is proposed  to  admit  such  person,  except  as  otherwise
provided  in this chapter, or if he has any pecuniary interest, directly
or  indirectly,  in  such  school,  provided  that  receipt   of   fees,
privileges,  or  compensation for treating or examining patients in such
school shall not be deemed to be such a pecuniary interest.
3. if he is on the staff of a proprietary  facility  to  which  it  is
proposed to admit such person.
(b)  A  certificate,  as  required by this article, must show that the
person  has  a  developmental  disability  and  shall  be  based  on  an
examination  of  the  person  alleged to have a developmental disability
made within six months prior to the date of admission. The date  of  the
certificate  shall  be  the  date  of such examination. All certificates
shall contain the facts and circumstances upon which the judgment of the
examiners is based and shall show  that  the  condition  of  the  person
examined  is  such  that he needs care or treatment in a school and such
other information as the commissioner may by regulation require.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities to Schools › 15.07 - Notice to All Residents of Their Rights and of the Availability of the Mental Hygiene Legal Service.

§ 15.07 Notice  to all residents of their rights and of the availability
of the mental hygiene legal service.
(a) Immediately upon the admission of any resident to a school or upon
his conversion to a different status,  the  director  shall  inform  the
resident in writing of his status, including the section of this chapter
under  which he has been admitted, and of his rights under this article,
including the availability of the mental hygiene legal service.  At  any
time  thereafter,  upon  the request of the resident or of anyone on the
resident's behalf, the resident shall be permitted to  communicate  with
the  mental  hygiene  legal  service and avail himself of the facilities
thereof.
(b) The director of every school shall post copies of a notice,  in  a
form  and  manner  to  be  determined  by  the  commissioner,  at places
throughout the school where such notice will be conspicuous and  visible
to all residents, stating the following:
1. the availability of the mental hygiene legal service.
2.  a  general  statement of the rights of residents under the various
admission or retention provisions of this article.
3. the right of the resident to communicate  with  the  director,  the
board  of  visitors, the commissioner of developmental disabilities, and
the mental hygiene legal service.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities to Schools › 15.09 - Notices to Mental Hygiene Legal Service Concerning Minors.

§ 15.09 Notices to mental hygiene legal service concerning minors.
When  any  person under the age of eighteen years is admitted to or is
  converted from one admission status to another in  any  school,  written
  notice  of  such  admission  or  conversion shall be given to the mental
  hygiene legal service within three days thereof and  such  notice  shall
  specify  the  age  of and admission procedure applicable to such person.
  No such person shall be transferred to  any  other  school  without  the
  prior consent of such person and the prior written consent of his parent
  or  legal  guardian  unless  three  days  prior  written  notice of such
  proposed transfer is given to the mental hygiene legal  service  and  an
  opportunity  is afforded to the service to see such person and to review
  the proposed transfer. Immediately upon release or transfer of any  such
  person,  the  director of the school shall give the mental hygiene legal
  service written notice thereof.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities to Schools › 15.11 - Records of Residents.

§ 15.11 Records of residents.
The  director of a school shall within five days, excluding Sunday and
  holidays, after the admission of any  resident  forward  to  the  mental
  hygiene legal service a record of such resident and shall simultaneously
  forward  to  the  department  such  information  from  the record as the
  commissioner by regulation shall  require.  Such  information  from  the
  record  in  the  department  shall  be accessible only in the manner set
  forth in section 33.13.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities to Schools › 15.13 - Voluntary Admissions.

§ 15.13 Voluntary admissions.
(a) The director of any school may receive as a voluntary resident any
person  suitable  for  care and treatment, who voluntarily makes written
application therefor. If such person be under eighteen years of age  the
application shall be made by the parent or legal guardian or next-of-kin
of such person.
(b) If such voluntary resident gives notice in writing to the director
of  the  resident's  desire  to  leave  the  school,  the director shall
promptly release the resident; provided,  however,  that  if  there  are
reasonable  grounds  for  belief  that  the  resident  may be in need of
involuntary care and treatment, the director may retain the resident for
a period not to exceed seventy-two hours from receipt  of  such  notice.
Before  the  expiration  of  such  seventy-two hour period, the director
shall either release the resident or apply to a court of record  in  the
county  where  the  school  is  located  for  an  order  authorizing the
involuntary retention of such resident. The application and  proceedings
in  connection  therewith  shall  be  in  the  manner prescribed in this
article for a court authorization to  retain  an  involuntary  resident,
except that notice of such application shall be served forthwith and, if
a  hearing  be  demanded,  the date for hearing to be fixed by the court
shall be at a time not later than three days from the date  such  notice
has  been  received  by the court. If it be determined by the court that
the resident has a developmental disability and is in need of  retention
for  involuntary  care  and  treatment  in  the  school, the court shall
forthwith issue an order authorizing the retention of such resident  for
care  and treatment in the school, or, if requested by the resident, his
guardian, or committee, such other non-public school as  may  be  within
the  financial  means  of the resident, for a period not exceeding sixty
days from the date of such order. Further applications for retention  of
the resident for periods not exceeding one year, and successive two year
periods  thereafter,  respectively, may thereafter be made in accordance
with the provisions of this article.
In the case of a resident under eighteen years  of  age,  such  notice
requesting  release of the resident may be given by the resident, by the
person who made application for his admission, by a person of  equal  or
closer  relationship  to  the  resident,  or by the mental hygiene legal
service. If such notice be given by any other person, the  director  may
in  his discretion refuse to discharge the resident and, in the event of
such refusal, such other person or the mental hygiene legal service  may
apply  to  the supreme court or to a county court for the release of the
resident.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities to Schools › 15.15 - Voluntary Admissions; Suitability.

§ 15.15 Voluntary admissions; suitability.
(a)  In order for a person to be suitable for admission to a school as
a voluntary resident, or for  conversion  to  such  status  he  must  be
notified of and have the ability to understand the following:
1. that the school to which he is requesting admission is a school for
persons with developmental disabilities.
2. that he is making an application for admission.
3.  the  nature  of  the voluntary status and the provisions governing
release or conversion to involuntary status.
(b) The department shall have  the  power  to  examine  the  residents
admitted  pursuant  to  this section and determine if they belong to the
voluntary class. If it be determined that  any  such  patient  does  not
belong  to  the  voluntary class, the department shall determine whether
the  resident  shall  be  discharged  or  whether  procedures  shall  be
commenced  for  the  admission  of such resident to a school pursuant to
other sections of this article. The decision of the department shall  be
forthwith  complied with by the director or person in charge of any such
school. Any failure to conform to the requirements of this section shall
be  considered  a  sufficient  cause  for  revocation  of  an  operating
certificate theretofore issued to a school.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities to Schools › 15.17 - Voluntary Admissions; Notices.

§ 15.17 Voluntary admissions; notices.
The   director  shall  cause  all  residents  admitted  on  their  own
  application as voluntary residents to  be  informed  annually  of  their
  status and rights as voluntary residents, including their right to avail
  themselves of the facilities of the mental hygiene legal service. At the
  time  of  such  periodic  notification,  the written consent of any such
  resident to his continued stay as a voluntary resident shall be obtained
  and a copy thereof shall be given to the mental hygiene legal service.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities to Schools › 15.19 - Voluntary Admissions; Encouragement Of.

§ 15.19 Voluntary admissions; encouragement of.
(a) It shall be the duty of all state and local officers having duties
to  perform  relating  to  persons  with  developmental  disabilities to
encourage any such person suitable therefor and  in  need  of  care  and
treatment  for  a  developmental  disability to apply for admission as a
voluntary resident.
(b) No requirement shall be made, by rule, regulation, or otherwise as
a condition to admission and retention on a voluntary  status  that  any
person applying for admission shall have the legal capacity to contract.
(c)  A  person  requesting  admission to a school, who is suitable for
admission on a voluntary status,  shall  be  admitted  only  on  such  a
voluntary status.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities 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.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities 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.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities 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.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities 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.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities 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.
2023 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 with
developmental 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.
2023 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.
2023 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".
2023 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.