Assembly Bill A7116

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

                                 7116--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2009
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
  Committee on Children and Families -- reference changed to the Commit-
  tee on Mental Health, Mental Retardation and  Developmental  Disabili-
  ties  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend chapter 667 of the laws of 2006  relating  to  providing
  for  the establishment of a children's mental health plan, in relation
  to eliminating certain provisions provided thereto; and to  amend  the
  mental  hygiene law and the social services law, in relation to imple-
  menting "the children's plan"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2 of section 3 of chapter 667 of the laws of
2006 relating to providing for the establishment of a children's  mental
health  plan,  as amended by chapter 120 of the laws of 2007, is amended
to read as follows:
  2. On or before October 1, 2007, the  commissioner  of  mental  health
shall submit a preliminary children's mental health plan to the governor
and  the  legislature, and shall submit a final children's mental health
plan on or before October 1,  2008.  [Thereafter,  a  children's  mental
health  plan  shall  be  developed and submitted to the governor and the
legislature by the commissioner of mental  health  consistent  with  the
requirements  of  subdivision  (b) of section 5.07 of the mental hygiene
law, either as a discrete part of the statewide comprehensive  five-year
plan  for  the  provision  of  state and local services for persons with
mental illness required under that section, or as a  separate  document,
at  the  discretion  of such commissioner. Consistent with such require-
ments, commencing on or before February 15, 2009 and annually thereafter
on or before February   15, the   commissioner of  mental  health  shall
submit  to  the  governor  and  the legislature an interim report on the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10269-04-9

              

A. 7116--A                          2

progress of the children's mental health plan  and  recommendations  for
revisions thereof.]
  S 2. The mental hygiene law is amended by adding a new section 7.43 to
read as follows:
S 7.43 THE CHILDREN'S PLAN.
  THE  COMMISSIONER  OF  MENTAL  HEALTH,  IN CONSULTATION WITH THE STATE
COUNCIL ON CHILDREN AND FAMILIES PURSUANT TO SECTION FOUR HUNDRED EIGHT-
Y-THREE-F OF THE SOCIAL SERVICES LAW, SHALL OVERSEE  THE  IMPLEMENTATION
OF  THE  CHILDREN'S  PLAN,  DEVELOPED  PURSUANT  TO  CHAPTER SIX HUNDRED
SIXTY-SEVEN OF THE LAWS OF TWO THOUSAND SIX, AND SHALL ASSIST SUCH COUN-
CIL WITH THE DEVELOPMENT OF FUTURE REPORTS AND PLANS.   BOTH  SHORT-TERM
AND  LONG-TERM  RECOMMENDATIONS  OF  SUCH  REPORT  SHALL  ALSO BE MADE A
DISCRETE PART OF THE OFFICE OF MENTAL HEALTH'S  STATEWIDE  COMPREHENSIVE
FIVE YEAR PLAN.
  S  3.  Subparagraphs  h  and  i  of  paragraph 1 of subdivision (b) of
section 5.07 of the mental hygiene law, as amended by chapter 223 of the
laws of 1992, are amended and a new subparagraph j is added to  read  as
follows:
  h. analyze current and anticipated utilization of state and local, and
public and private facilities and programs; [and]
  i.  encourage  and  promote community-based programs which reflect the
partnership between state and local governmental units[.]; AND
  J. INCLUDE PROGRESS REPORTS ON THE IMPLEMENTATION OF  BOTH  SHORT-TERM
AND  LONG-TERM  RECOMMENDATIONS OF THE CHILDREN'S PLAN REQUIRED PURSUANT
TO SECTION FOUR HUNDRED EIGHTY-THREE-F OF THE SOCIAL SERVICES LAW.
  S 4. The social services law is amended by adding a new section  483-f
to read as follows:
  S  483-F.  THE  CHILDREN'S  PLAN.  1.  THE COUNCIL, IN ACCORDANCE WITH
SECTION 7.43 OF THE MENTAL HYGIENE LAW, SHALL ASSIST THE COMMISSIONER OF
MENTAL HEALTH WITH THE IMPLEMENTATION OF THE CHILDREN'S PLAN,  DEVELOPED
PURSUANT  TO CHAPTER SIX HUNDRED SIXTY-SEVEN OF THE LAWS OF TWO THOUSAND
SIX. STATE CHILD-SERVING AGENCIES INVOLVED IN THE  DEVELOPMENT  OF  SUCH
PLAN  SHALL  ASSIST, AS NEEDED, WITH SUCH PLAN'S IMPLEMENTATION AND SUCH
AGENCIES SHALL SIGN OFF ON ALL FUTURE REPORTS AND PLANS.  SUCH  AGENCIES
SHALL  INCLUDE,  BUT NOT BE LIMITED TO, THE OFFICE OF MENTAL HEALTH, THE
OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, THE  OFFICE
OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, THE COMMISSION ON QUALITY OF
CARE  AND ADVOCACY FOR PERSONS WITH DISABILITIES, THE OFFICE OF CHILDREN
AND FAMILY SERVICES, THE STATE EDUCATION DEPARTMENT, THE  DEPARTMENT  OF
HEALTH, AND THE DEPARTMENT OF PROBATION AND CORRECTIONAL ALTERNATIVES.
  2. THE COUNCIL SHALL, WITH THE APPROVAL OF THE CHILD-SERVING AGENCIES,
SUBMIT  A  REPORT  TO  THE GOVERNOR AND TO THE LEGISLATURE, ON OR BEFORE
OCTOBER FIRST, TWO THOUSAND TEN, AND EVERY TWO YEARS AFTER SUCH DATE, ON
THE PROGRESS OF THE CHILDREN'S PLAN, INCLUDING  THE  OUTCOMES,  ACHIEVE-
MENTS  AND RECOMMENDATIONS FOR REVISION OF SUCH PLAN.  SUCH REPORT SHALL
ALSO BE MADE A DISCRETE PART OF THE OFFICE OF MENTAL HEALTH'S  STATEWIDE
COMPREHENSIVE  FIVE YEAR PLAN CONSISTENT WITH THE REQUIREMENTS OF SUBDI-
VISION (B) OF SECTION 5.07 OF THE MENTAL HYGIENE LAW.
  S 5. This act shall take effect immediately.