2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.38 - Additional Duties of the Office With Respect to Persons Receiving Transitional Care.

§  13.38  Additional  duties  of  the  office  with  respect  to persons
receiving transitional care.
(a) The office shall, in consultation with the  department  of  social
services, the education department, the office of mental health, and the
council   on  children  and  families,  develop  a  plan  and  implement
procedures to help assure that all persons who are at the age or time to
first qualify for transitional care, as described in section 13.37-a  of
this   article,   and   for   whom  the  office  has  accepted  planning
responsibilities, receive assistance  in  locating  an  appropriate  and
available  residential  placement  or plan of services, within the state
and within the system of care subject to the jurisdiction of the office,
prior to the age or time at which they would  otherwise  have  qualified
for  transitional  care,  if  such  individuals had become twenty-one or
become ineligible for educational services prior to July first, nineteen
hundred ninety-six. For purposes of this section, the  age  or  time  at
which  a  person  would  qualify for transitional care is twenty-one for
persons in foster care, and the end of the school  year  in  which  they
become twenty-one for persons in residential schools.
(b)  The office shall, in consultation with the  department of  social
services, the education department, the office of mental  health,    and
the  council  on  children  and  families,  develop a plan and implement
procedures to help assure that  all  persons  in    transitional    care
receive  assistance  in locating  appropriate  and available  placements
within the adult care systems supervised or funded by the office, and to
monitor  the  health  and   safety   of persons   receiving transitional
funding pursuant to section 13.37-a of this article. In connection  with
the plans and procedures, the office shall establish standards governing
the quality   of   care   provided to such persons  by  the  residential
programs, including standards relating to the development and monitoring
of    written  individual    services  plans  for  each such person, the
involvement of  the  individual  and,  unless  the  individual  objects,
parents,  guardians  or  other  persons  interested  in the care of such
persons in the development of   written individual services  plans,  and
the  investigation  of  complaints  relating  to  the quality of care or
services provided to such persons.   In appropriate  circumstances,  the
office  shall  work  with  the  individual  and,  unless  the individual
objects,  the  parents,  guardians  or  other  family  members  to  help
determine  what  services  would  be  necessary  to enable the family to
provide care for the person at their home or in an independent community
setting, and shall provide or assist in arranging for those services  to
the extent funds  are available  for  that purpose.
(c) The office shall enter into a memorandum of understanding with the
department  of  social  services  to  facilitate access by the office to
child care facilities providing transitional care to young adults as may
be necessary for the office to meet its responsibilities for  monitoring
the care of the young adults.
(d)  The office shall enter into memorandums of understanding with the
department of social services and  the  state  education  department  to
address any requirements of those departments relating to the removal of
any  person  receiving  transitional  care from a child care facility or
residential school whose continuation in such  facility  or  school  may
adversely  affect  the health, safety or welfare of children residing in
the facility or school. The memorandum shall set  forth  the  procedures
the  office will follow in offering a placement or services in the adult
care system, if necessary and appropriate, on an expedited basis, or any
other  procedures  for  assuring  alternative  care  and  services   are
available to the young adult, and the manner in which the department  of

social  services  or  state education department will be informed of the
progress of those efforts.
(e)  Upon  making  a  determination  that  a  person  who is receiving
transitional care or care pursuant to subdivision (g)  of  this  section
can  be  appropriately  cared for in an available adult care facility or
service licensed, certified or approved by the office, and whose removal
from a child care facility is not required on an  expedited  basis,  the
office  shall notify in writing the person and the person's guardian, if
one has been appointed, or another individual who has been  involved  in
the  care of the person and who may represent the person's interests, of
the description of the proposed new placement, the  availability  of  an
administrative  appeal  to  review  the determination and of the need to
request such an appeal in writing within thirty days of the  notice.  If
the  person,  guardian  or  other  individual requests an administrative
appeal within the time required, the office  shall  schedule  a  hearing
providing  no  less  than ten days notice to the objecting party and the
commissioner or his or her designee shall issue a written  determination
to  the  objecting  party  within  thirty days of the adjournment of the
hearing, on whether the adult placement  identified  by  the  office  is
appropriate  to  the needs of the person and is available or will become
available on an identified date certain.  If  the  person,  guardian  or
other individual does not request a hearing within the time required, or
if  the  hearing  results  in  a  determination  that the proposed adult
services or placement is appropriate to the needs of the person  and  is
available or will be available on an identified date certain, the office
shall  discontinue care funding for the person as of a date certain. The
written determination shall be the final administrative remedy available
and shall be subject to review in  accordance  with  the  provisions  of
article seventy-eight of the civil practice law and rules.
(f)  In  any  case  where an individual receiving transitional care is
about to be transferred from one facility to another,   a transfer  plan
shall be prepared by the sending facility and forwarded to the receiving
facility,  the  individual  and,  unless  the  individual  objects,  the
parents, guardian or other family members prior  to  the  transfer.  The
transfer  plan  shall  include any information necessary to facilitate a
safe transfer, such as specific problems, a schedule  for  administering
medications and behavior unique to the individual.
(g)  The   office  may make payments necessary to maintain individuals
described in subdivision (a) of this section in a child care facility or
residential school on an emergency basis where circumstances temporarily
prevent the transfer of individuals to adult services or placements.