Establishes a right to treatment for seriously emotionally disturbed children who are certified by the pre-admission certification committee and waiting to be placed in a residential placement facility for children and youth; requires commissioner to evaluate what services are needed and how to provide them.
STATE OF NEW YORK
________________________________________________________________________
3860
2015-2016 Regular Sessions
IN ASSEMBLY
January 27, 2015
___________
Introduced by M. of A. BRENNAN, JAFFEE -- Multi-Sponsored by -- M. of A.
ABBATE, CLARK, COLTON, COOK, DINOWITZ, HOOPER, LUPARDO, ORTIZ, SCAR-
BOROUGH, WRIGHT -- read once and referred to the Committee on Mental
Health
AN ACT to amend the mental hygiene law, in relation to establishing a
right to treatment for seriously emotionally disturbed children who
are certified and waiting to be placed in a residential placement
facility for children and youth
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 9.51 of the mental hygiene law is amended by adding
2 two new subdivisions (h) and (i) to read as follows:
3 (h) Whenever a person becomes certified by the pre-admission certif-
4 ication committee and is waiting for placement, such person shall have
5 the right to the mental health services for which they are eligible and
6 which are customarily provided in a residential facility until that
7 person is placed in an appropriate residential treatment facility. The
8 commissioner shall be charged with the responsibility for assuring the
9 development of comprehensive plans, programs, and services in the areas
10 of early prevention, care and treatment, and education. Services shall
11 be provided within a reasonable period of time after certification and
12 appropriate to individual needs in the environment necessary to achieve
13 the purposes of treatment until such individuals are placed in a resi-
14 dential treatment facility. The commissioner, in carrying out the
15 provisions of this subdivision, shall:
16 (1) develop, establish, and promulgate a procedure to implement the
17 provisions of this subdivision. Such procedure shall be based upon the
18 individual needs of the person; and
19 (2) notify, cooperate, guide, and assist local agencies, local govern-
20 ment units, community service boards, and/or providers of service.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01800-01-5
A. 3860 2
1 (i) The commissioner shall identify the characteristics and number of
2 children and adolescents who are certified by the pre-admission certif-
3 ication committee in need of appropriate services, describe the educa-
4 tional, mental health or other treatment services needed, describe
5 currently available programs and resources, recommend a plan to meet the
6 needs of such children, recommend priorities for the continuation or
7 development of programs and resources, and make an assessment of the
8 success of the services so provided.
9 § 2. This act shall take effect on the first of January next succeed-
10 ing the date on which it shall have become a law.
