§ 13.37 Powers of the office and commissioner in relation to the

planning and referral of children with developmental

disabilities for adult services.

(a) As used in this section:

1. "report" means a report submitted to the office pursuant to
subparagraph five of paragraph b of subdivision one of section
forty-four hundred two of the education law or subdivision thirteen of
section three hundred ninety-eight of the social services law.

2. "child" means the child who is the subject of a report.

3. "local governmental unit" means a governmental unit as defined and
used in article forty-one of this chapter.

4. "voluntary agency" shall have the same meaning as that used in
article forty-one of this chapter.

(b) Upon receipt of a report, the commissioner shall review the report
and shall determine if the child will likely need adult services. If
necessary and appropriate, the commissioner may conduct an evaluation of
the child to determine if adult services will be needed. Such evaluation
shall include, but not be limited to, the medical, vocational or day
services and social needs of the child, the desires of the child and of
his or her parents or guardian, and the availability of appropriate
services. If the child will likely need adult services, the commissioner
shall develop a plan for continued care which shall include any
evaluation and shall identify those adult programs or services which may
be available and which are operated or licensed by the office and by the
local governmental unit of the county in which the child resides, or in
the event that the child resides in a county within the city of New
York, the local governmental unit of the city of New York. Such written
plan shall be made available to the individual and, unless the
individual objects, to his or her parents or guardian as soon as
practicable but not later than one year before the individual attains
the age of twenty-one. If such recommendation has been made prior to one
year before the individual attains the age of twenty, the office shall
provide yearly updates until the individual attains the age of
twenty-one.

(c) If the commissioner determines, pursuant to subdivision (b) of
this section, that such child will not require adult services, the
commissioner shall notify the child's parent or guardian and the
committee on special education, multidisciplinary team or social
services official, which submitted the report, in writing of such
determination. Such notice shall be given as soon as practicable but no
later than six months before the child attains the age of twenty-one.
Such notice shall state the reasons for the determination and may
recommend a state agency which may be responsible for determining and
recommending adult services. If such determination is not acceptable to
the child's parent or guardian, such person may appeal the determination
pursuant to regulations adopted by the commissioner.

(d) The commissioner may designate any qualified employee of the
office to carry out the functions described in subdivisions (b) and (c)
of this section. The commissioner may enter agreements with local
governmental units and voluntary agencies to provide the services
described in subdivisions (b) and (c) of this section. Consistent with
these agreements, the commissioner may designate a local governmental
unit or voluntary agency to carry out the functions of the commissioner
described in this section and the local governmental unit or voluntary
agency shall perform those functions.

(e) All information received by a local governmental unit or voluntary
agency pursuant to this section shall be subject to the confidentiality
requirements of the office.

(f) Nothing in this section shall be construed to create an
entitlement to adult services.