Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 21, 2014 |
approval memo.13 signed chap.478 |
Nov 10, 2014 |
delivered to governor |
Jun 19, 2014 |
returned to senate passed assembly ordered to third reading rules cal.565 substituted for a9729 |
Jun 18, 2014 |
referred to mental health delivered to assembly passed senate ordered to third reading cal.1541 committee discharged and committed to rules |
May 14, 2014 |
referred to mental health and developmental disabilities |
Senate Bill S7374
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(R, C, IP) Senate District
2013-S7374 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9729
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd ยงยง13.37-a & 13.38, Ment Hyg L
2013-S7374 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7374 TITLE OF BILL: An act to amend the mental hygiene law, in relation to transitional care PURPOSE OR GENERAL IDEA OF BILL: This bill provides the parent(s) or guardian(s) of an adult with developmental disabilities due process protections, including the right to an impartial hearing to challenge the determination regarding the appropriate setting for that individual. Under current law, due process protections are afforded to the parents of children with developmental disabilities who need residential care while they are in school. However, those protections are severely curtailed for those individuals who completed the school year in which they reach age twenty-one before July 1, 1996, and eliminated completely for those who "aged out" after July 1, 1996. This bill would help to ensure appropriate placement of people with developmental disabilities by affording them with due process rights after they turn 21. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends section 13.37-a of the mental hygiene law by redefining transitional care such that all those who are disabled and in need of residential care are treated equally, regardless of whether they "aged out" prior to July 1, 1996 or after.
2013-S7374 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7374 I N S E N A T E 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: Section 1. Subdivision (a) of section 13.37-a of the mental hygiene law, as added by chapter 405 of the laws of 1998, 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 [5.] 4. whose residential needs can be met by the facility in which the persons resided prior to becoming age twenty-one or becoming ineli- gible 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 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 405 of the laws of 1998, is amended to read as follows:
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