S T A T E   O F   N E W   Y O R K
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                                  1696

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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:

  Section  1.  Subdivision  (a) of section 13.37-a of the mental hygiene
law, as amended by chapter 478 of the laws of 2014, is amended  to  read
as follows:
  (a)  For purposes of this section, "transitional care" shall mean care
and maintenance of persons:
  1. who were placed in foster care by a social services district pursu-
ant to article six of the social services law and who have become  twen-
ty-one  years  of  age,  or who were placed in a residential educational
placement by a school district pursuant to article  eighty-nine  of  the
education  law  and  who  are  no  longer  eligible for free educational
services because they have completed  the  school  year  in  which  they
became twenty-one;
  2. who were disabled and in need of residential care prior to becoming
age  twenty-one  or  prior  to  becoming  ineligible  for free education
services and who have since remained continuously disabled  and  contin-
uously in need of residential care;
  3.  WHO  BECAME  TWENTY-ONE  OR BECAME INELIGIBLE FOR FREE EDUCATIONAL
SERVICES PRIOR TO JULY FIRST, NINETEEN HUNDRED NINETY-SIX;
  4. with respect to whom the office has approved a  plan  of  continued
out  of  home care for the person but has not yet identified a currently
available appropriate placement; [and
  4.] 5. whose residential needs can be met by the facility in which the
persons resided prior to becoming age twenty-one or becoming  ineligible
for free educational services[.]; AND
  6.  WHO ON JULY FIRST, NINETEEN HUNDRED NINETY-EIGHT ARE IN RECEIPT OF
TRANSITIONAL CARE, OR WHO HAVE CONTINUOUSLY REMAINED IN THE FOSTER  CARE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07679-01-5
              

S. 1696                             2

OR  RESIDENTIAL EDUCATION PLACEMENT WHERE THEY HAD RECEIVED TRANSITIONAL
CARE.
  S  2.  Subdivision  (a) of section 13.38 of the mental hygiene law, as
amended by chapter 478 of the laws  of  2014,  is  amended  to  read  as
follows:
  (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 proce-
dures 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 responsibil-
ities, receive assistance in locating an appropriate and available resi-
dential  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 transi-
tional care, IF SUCH INDIVIDUALS HAD BECOME TWENTY-ONE OR BECOME  INELI-
GIBLE  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 twen-
ty-one for persons in residential schools.
  S 3. Subdivision (e) of section 13.38 of the mental  hygiene  law,  as
amended  by  chapter  478  of  the  laws  of 2014, is amended to read as
follows:
  (e) Upon making a determination that a person who is receiving transi-
tional 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 [by certified mail, return receipt requested,]  IN  WRITING
the  person  and the person's guardian, if one has been appointed, [and,
when applicable,] 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 admin-
istrative  appeal to review the determination [including  a  description
of  the appeal procedure, consistent with the New York state administra-
tive procedure act, contact information  as  it  relates  to  making  an
objection,]  and of the need to request such an appeal in writing within
thirty days of the notice. [Such notification shall be provided  to  the
person  and  the  person's guardian, if one has been appointed and, when
applicable, another individual who has been involved in the care of  the
person  and  who  may  represent  the  person's  interests no later than
forty-five days prior to the date of the  office's  intended  change  in
placement.]  If  the  person, guardian or   other individual requests an
administrative appeal within the time required, the office shall [within
five days of receipt of the written  request  for  appeal,]  schedule  a
hearing  providing no less than ten days notice to the objecting party[.
The] AND THE commissioner or his or her designee shall issue  a  written
determination to the [involved individuals] OBJECTING PARTY within thir-
ty  days  of the adjournment of the hearing, on whether the adult place-
ment identified by the office is appropriate to the needs of the  person
and is available or will become available on an identified 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.] If the person, guardian or other individual does not  request  a

S. 1696                             3

hearing  within the time required, or if the hearing results in a deter-
mination 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 [transitional]
care funding for the person as of a date certain.  THE WRITTEN  DETERMI-
NATION  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.
  S  4.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on the same date as  chapter  478  of
the laws of 2014, took effect.