Senate Bill S3146

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

                                 3146--A
    Cal. No. 372

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 11, 2009
                               ___________

Introduced  by  Sens. HUNTLEY, HASSELL-THOMPSON, MONSERRATE, MONTGOMERY,
  PERKINS, STAVISKY -- read twice and ordered printed, and when  printed
  to  be  committed  to the Committee on Mental Health and Developmental
  Disabilities -- reported favorably from said committee  and  committed
  to the Committee on Finance -- reported favorably from said committee,
  ordered  to first report, amended on first report, ordered to a second
  report and ordered reprinted, retaining its  place  in  the  order  of
  second report

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   gover-
nor  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 sepa-
rate  document, at the discretion  of such commissioner. Consistent with

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10269-03-9
              

S. 3146--A                          2

such  requirements, 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 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
EIGHTY-THREE-F OF THE SOCIAL SERVICES LAW, SHALL OVERSEE THE IMPLEMENTA-
TION 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.