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

                                  3866

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Mental Health

AN ACT to amend the executive law, in relation to the right  to  counsel
  for  persons  who receive services through the office of mental health
  or the office for people with developmental disabilities  for  certain
  investigations

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

  Section 1. Subdivision 25   of section 553 of  the  executive  law  is
amended by adding two new paragraphs (c) and (d) to read as follows:
  (C)  ANY PERSON WHO IS THE RECIPIENT OF SERVICES THROUGH THE OFFICE OF
MENTAL HEALTH OR THE OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES
OPERATED  OR  LICENSED AGENCY OR FACILITY, AND IS INTERVIEWED AS PART OF
AN INVESTIGATION CONDUCTED BY OR ON THE PART OF THE JUSTICE  CENTER  FOR
THE  PROTECTION OF PEOPLE WITH SPECIAL NEEDS, SHALL HAVE THE RIGHT TO BE
REPRESENTED BY THE MENTAL HYGIENE LEGAL SERVICE, OR  PRIVATELY  FINANCED
COUNSEL, AT ALL STAGES OF THE PROCEEDINGS.
  (D)  PRIOR  TO ANY INTERVIEW OF A PERSON AS DESCRIBED IN PARAGRAPH (C)
OF THIS SUBDIVISION, NOTICE MUST BE  GIVEN  TO  THE  PARENT,  PERSON  IN
PARENTAL  RELATION,  OR  LEGAL  GUARDIAN OF THAT PERSON, IF ANY, THAT AN
INTERVIEW IS TO BE CONDUCTED.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD02513-01-5