Provides for due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.
STATE OF NEW YORK
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5972
2023-2024 Regular Sessions
IN ASSEMBLY
March 24, 2023
___________
Introduced by M. of A. SEAWRIGHT -- read once and referred to the
Committee on People with Disabilities
AN ACT to amend the mental hygiene law, in relation to due process
procedures for certain persons who will become eligible to receive
transitional care or certain care at a future date
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (e) of section 13.38 of the mental hygiene law,
2 as amended by chapter 106 of the laws of 2015, is amended to read as
3 follows:
4 (e) 1. Upon making a determination that a person who is receiving
5 transitional care or care pursuant to subdivision (g) of this section,
6 or who has received an offer for care from the office prior to becoming
7 eligible to receive transitional care or care pursuant to subdivision
8 (g) of this section, can be appropriately cared for in an available
9 adult care facility or service licensed, certified or approved by the
10 office, and whose removal from a child care facility is not required on
11 an expedited basis, the office shall notify in writing the person and
12 the person's guardian, if one has been appointed, or another individual
13 who has been involved in the care of the person and who may represent
14 the person's interests, of the description of the proposed new place-
15 ment, the availability of an administrative appeal to review the deter-
16 mination and of the need to request such an appeal in writing within
17 thirty days of the notice. If the person, guardian or other individual
18 requests an administrative appeal within the time required, the office
19 shall schedule a hearing providing no less than ten days notice to the
20 objecting party and the commissioner or his or her designee shall issue
21 a written determination to the objecting party within thirty days of the
22 adjournment of the hearing, on whether the adult placement identified by
23 the office is appropriate to the needs of the person and is available or
24 will become available on an identified date certain. If the person,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08145-01-3
A. 5972 2
1 guardian or other individual does not request a hearing within the time
2 required, or if the hearing results in a determination that the proposed
3 adult services or placement is appropriate to the needs of the person
4 and is available or will be available on an identified date certain, the
5 office shall discontinue care funding for the person as of a date
6 certain. The written determination shall be the final administrative
7 remedy available and shall be subject to review in accordance with the
8 provisions of article seventy-eight of the civil practice law and rules.
9 2. If the office makes an offer of placement to a person prior to the
10 expiration of the person's right to a Free and Appropriate Public Educa-
11 tion (FAPE), the person shall not be required to terminate their educa-
12 tional program prematurely.
13 § 2. This act shall take effect immediately.
