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Assembly Bill A3860

2015-2016 Legislative Session

Establishes a right to treatment for seriously emotionally disturbed children who are certified and waiting to be placed in a residential placement facility

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Archive: Last Bill Status - In Assembly Committee

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2015-A3860 (ACTIVE) - Details

See Senate Version of this Bill:
S5272
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง9.51, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2525
2011-2012: A4075
2013-2014: A5265
2017-2018: A3751, S725

2015-A3860 (ACTIVE) - Summary

Establishes a right to treatment for seriously emotionally disturbed children who are certified by the pre-admission certification committee and waiting to be placed in a residential placement facility for children and youth; requires commissioner to evaluate what services are needed and how to provide them.

2015-A3860 (ACTIVE) - Bill Text download pdf 

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

                                  3860

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. BRENNAN, JAFFEE -- Multi-Sponsored by -- M. of A.
  ABBATE,  CLARK,  COLTON, COOK, DINOWITZ, HOOPER, LUPARDO, ORTIZ, SCAR-
  BOROUGH, WRIGHT -- read once and referred to the Committee  on  Mental
  Health

AN  ACT  to  amend the mental hygiene law, in relation to establishing a
  right to treatment for seriously emotionally  disturbed  children  who
  are  certified  and  waiting  to  be placed in a residential placement
  facility for children and youth

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

  Section 1. Section 9.51 of the mental hygiene law is amended by adding
two new subdivisions (h) and (i) to read as follows:
  (H)  WHENEVER  A PERSON BECOMES CERTIFIED BY THE PRE-ADMISSION CERTIF-
ICATION COMMITTEE AND IS WAITING FOR PLACEMENT, SUCH PERSON  SHALL  HAVE
THE  RIGHT TO THE MENTAL HEALTH SERVICES FOR WHICH THEY ARE ELIGIBLE AND
WHICH ARE CUSTOMARILY PROVIDED IN  A  RESIDENTIAL  FACILITY  UNTIL  THAT
PERSON  IS  PLACED IN AN APPROPRIATE RESIDENTIAL TREATMENT FACILITY. THE
COMMISSIONER SHALL BE CHARGED WITH THE RESPONSIBILITY FOR  ASSURING  THE
DEVELOPMENT  OF COMPREHENSIVE PLANS, PROGRAMS, AND SERVICES IN THE AREAS
OF EARLY PREVENTION, CARE AND TREATMENT, AND EDUCATION.  SERVICES  SHALL
BE  PROVIDED  WITHIN A REASONABLE PERIOD OF TIME AFTER CERTIFICATION AND
APPROPRIATE TO INDIVIDUAL NEEDS IN THE ENVIRONMENT NECESSARY TO  ACHIEVE
THE  PURPOSES  OF TREATMENT UNTIL SUCH INDIVIDUALS ARE PLACED IN A RESI-
DENTIAL TREATMENT  FACILITY.  THE  COMMISSIONER,  IN  CARRYING  OUT  THE
PROVISIONS OF THIS SUBDIVISION, SHALL:
  (1)  DEVELOP,  ESTABLISH,  AND PROMULGATE A PROCEDURE TO IMPLEMENT THE
PROVISIONS OF THIS SUBDIVISION. SUCH PROCEDURE SHALL BE BASED  UPON  THE
INDIVIDUAL NEEDS OF THE PERSON; AND
  (2) NOTIFY, COOPERATE, GUIDE, AND ASSIST LOCAL AGENCIES, LOCAL GOVERN-
MENT UNITS, COMMUNITY SERVICE BOARDS, AND/OR PROVIDERS OF SERVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01800-01-5

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