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S07374 Summary:

S07374 Actions:

S07374 Floor Votes:

S07374 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7374
 
                    IN SENATE
 
                                      May 14, 2014
                                       ___________
 
        Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health and Develop-
          mental Disabilities
 
        AN ACT to amend the mental hygiene law, in relation to transitional care
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 

     1    Section  1.  Subdivision  (a) of section 13.37-a of the mental hygiene
     2  law, as added by chapter 405 of the laws of 1998, is amended to read  as
     3  follows:
     4    (a)  For purposes of this section, "transitional care" shall mean care
     5  and maintenance of persons:
     6    1. who were placed in foster care by a social services district pursu-
     7  ant to article six of the social services law and who have become  twen-
     8  ty-one  years  of  age,  or who were placed in a residential educational
     9  placement by a school district pursuant to article  eighty-nine  of  the
    10  education  law  and  who  are  no  longer  eligible for free educational
    11  services because they have completed  the  school  year  in  which  they
    12  became twenty-one;
    13    2. who were disabled and in need of residential care prior to becoming
    14  age  twenty-one  or  prior  to  becoming  ineligible  for free education

    15  services and who have since remained continuously disabled  and  contin-
    16  uously in need of residential care;
    17    3.  [who  became  twenty-one or became ineligible for free educational
    18  services prior to July first, nineteen hundred ninety-six;
    19    4.]with respect to whom the office has approved a  plan  of  continued
    20  out  of  home care for the person but has not yet identified a currently
    21  available appropriate placement; and
    22    [5.] 4. whose residential needs can be met by the  facility  in  which
    23  the  persons resided prior to becoming age twenty-one or becoming ineli-
    24  gible for free educational services[; and].
    25    [6. who on July first, nineteen hundred ninety-eight are in receipt of
    26  transitional care, or who have continuously remained in the foster  care

    27  or  residential education placement where they had received transitional
    28  care.]
    29    § 2. Subdivision (a) of section 13.38 of the mental  hygiene  law,  as
    30  amended  by  chapter  405  of  the  laws  of 1998, is amended to read as
    31  follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14850-02-4
        S. 7374                             2
 
     1    (a) The office shall, in consultation with the  department  of  social
     2  services, the education department, the office of mental health, and the
     3  council  on    children   and   families, develop   a plan and implement
     4  procedures to help assure that all persons who are  at  the  age or time

     5  to  first qualify for transitional care, as described in section 13.37-a
     6  of this article, and  for whom the office has accepted planning  respon-
     7  sibilities,  receive assistance in locating an appropriate and available
     8  residential  placement or plan of services, within the state and  within
     9  the system of care subject  to  the jurisdiction of the office, prior to
    10  the age or time at which they would otherwise have qualified for transi-
    11  tional care[, if such individuals had become twenty-one or become ineli-
    12  gible  for  educational  services  prior to July first, nineteen hundred
    13  ninety-six].  For purposes of this section, the age or time at  which  a
    14  person  would qualify for transitional care is twenty-one for persons in
    15  foster  care,  and the  end  of the school year  in  which  they  become
    16  twenty-one for persons in residential schools.

    17    §  3.  Subdivision  (e) of section 13.38 of the mental hygiene law, as
    18  amended by chapter 405 of the laws  of  1998,  is  amended  to  read  as
    19  follows:
    20    (e) Upon making a determination that a person who is receiving transi-
    21  tional  care  can  be appropriately cared for in an available adult care
    22  facility or service licensed, certified or approved by the  office,  and
    23  whose removal from a child care facility is not required on an expedited
    24  basis, the  office  shall  notify  by  certified  mail,  return  receipt
    25  requested,  the  person  and  the  person's  guardian,  if  one has been
    26  appointed, [or] and, when applicable, another individual  who  has  been
    27  involved  in  the  care  of  the  person and who [can] may represent the

    28  person's interests, of the description of the  proposed  new  placement,
    29  the  availability of an administrative  appeal  to  review  the determi-
    30  nation including a description of the appeal procedure, consistent  with
    31  the  New York state administrative procedure act, contact information as
    32  it relates to making an objection, and of the need to  request  such  an
    33  appeal  in  writing within thirty days of the notice.  Such notification
    34  shall be provided to the person and the person's guardian,  if  one  has
    35  been  appointed  and,  when  applicable, another individual who has been
    36  involved in the care of the person and who may  represent  the  person's
    37  interests  no  later  than  forty-five  days  prior  to  the date of the

    38  office's intended change in placement. If the person, guardian or  other
    39  individual requests an administrative appeal within the  time  required,
    40  the  office shall within five days of receipt of the written request for
    41  appeal, schedule a hearing [and the] providing no  less  than  ten  days
    42  notice  to  the objecting party. The commissioner or his or her designee
    43  shall issue a written determination to the involved  individuals  within
    44  thirty  days  of  the  adjournment  of the hearing, on whether the adult
    45  placement identified by the office is appropriate to the  needs  of  the
    46  person  and  is available or will become available on an identified date
    47  certain. The written determination shall  be  the  final  administrative

    48  remedy  available  and shall be subject to review in accordance with the
    49  provisions of article seventy-eight of the civil practice law and rules.
    50  If the person, guardian or other individual does not request  a  hearing
    51  within  the  time required, or if the hearing results in a determination
    52  that the proposed adult services or  placement  is  appropriate  to  the
    53  needs  of the person and is available or will be available on an identi-
    54  fied date certain, the office shall discontinue transitional care  fund-
    55  ing for the person as of a date certain.
    56    § 4. This act shall take effect immediately.