Senate Bill S8355B

2021-2022 Legislative Session

Relates to due process procedures for certain persons who have received an offer for transitional care or certain care prior to becoming eligible to receive such care

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Disabilities Committee


  • 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

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Bill Amendments

co-Sponsors

2021-S8355 - Details

See Assembly Version of this Bill:
A8486
Current Committee:
Senate Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.38, Ment Hyg L
Versions Introduced in 2023-2024 Legislative Session:
S3177, A5972

2021-S8355 - Summary

Relates to due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.

2021-S8355 - Sponsor Memo

2021-S8355 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8355
 
                             I N  S E N A T E
 
                             February 15, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the mental hygiene  law,  in  relation  to  due  process
   procedures  for  persons  who  will become eligible to receive transi-
   tional care or certain care at a future date
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  13.38  of  the  mental hygiene law is amended by
 adding a new subdivision (e-1) to read as follows:
   (E-1) 1. THIS SUBDIVISION APPLIES TO PLANNING  FOR  PERSONS  WHO  WILL
 BECOME  ELIGIBLE TO RECEIVE TRANSITIONAL CARE OR CARE PURSUANT TO SUBDI-
 VISION (G) OF THIS SECTION AT A FUTURE DATE.
   2. THE OFFICE MAY SEEK TO IDENTIFY AN ADULT CARE FACILITY  OR  SERVICE
 LICENSED,  CERTIFIED,  OR APPROVED BY THE OFFICE WHERE SUCH A PERSON CAN
 RECEIVE APPROPRIATE CARE AND WHERE SUCH CARE IS  AVAILABLE  TO  COMMENCE
 BEFORE,  ON,  OR  AFTER,  THE DATE WHEN FUNDING FOR TRANSITIONAL CARE OR
 CARE  PURSUANT  TO  SUBDIVISION  (G)  OF  THIS  SECTION  WILL  OTHERWISE
 COMMENCE.
   3.  THE OFFICE SHALL NOTIFY IN WRITING THE PERSON OR GUARDIAN IF IT IS
 OFFERING A NEW PLACEMENT AT A FACILITY AND PROGRAM THAT  IT  HAS  DETER-
 MINED  TO  BE APPROPRIATE. THE NOTICE SHALL EXPLICITLY AND CLEARLY STATE
 THAT:  (I) THE PERSON OR THE PERSON'S  GUARDIAN  HAS  THE  UNCONDITIONAL
 RIGHT NOT TO ACCEPT THE OFFER; (II) IF THE OFFER IS NOT RESPONDED TO, OR
 IS EXPRESSLY DECLINED, THEN FUNDING FOR TRANSITIONAL CARE OR CARE PURSU-
 ANT  TO SUBDIVISION (G) OF THIS SECTION WILL COMMENCE AS IF NO OFFER HAD
 BEEN MADE; AND (III) IF, AFTER THE COMMENCEMENT  OF  SUCH  FUNDING,  THE
 OFFICE  PROPOSES A NEW PLACEMENT, THEN THE NOTICE, APPEAL, AND DUE PROC-
 ESS RIGHTS OF THE PERSON THAT ARE SET FORTH IN SUBDIVISION (E)  OF  THIS
 SECTION SHALL APPLY.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13551-01-1


              

co-Sponsors

2021-S8355A - Details

See Assembly Version of this Bill:
A8486
Current Committee:
Senate Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.38, Ment Hyg L
Versions Introduced in 2023-2024 Legislative Session:
S3177, A5972

2021-S8355A - Summary

Relates to due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.

2021-S8355A - Sponsor Memo

2021-S8355A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8355--A
 
                             I N  S E N A T E
 
                             February 15, 2022
                                ___________
 
 Introduced  by  Sens. CLEARE, BRESLIN -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Disabilities  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the mental hygiene  law,  in  relation  to  due  process
   procedures  for  certain  persons  who will become eligible to receive
   transitional care or certain care at a future date
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  13.38  of  the  mental hygiene law is amended by
 adding a new subdivision (e-1) to read as follows:
   (E-1) 1. THIS SUBDIVISION APPLIES TO PLANNING FOR PERSONS WHO CURRENT-
 LY ARE PLACED IN NEW YORK STATE EDUCATION  DEPARTMENT  APPROVED  OUT-OF-
 STATE  RESIDENTIAL SCHOOLS PURSUANT TO THE EDUCATION LAW AND THE FEDERAL
 INDIVIDUALS WITH DISABILITIES EDUCATION ACT WHO WILL BECOME ELIGIBLE  TO
 RECEIVE  TRANSITIONAL  CARE  OR CARE PURSUANT TO SUBDIVISION (G) OF THIS
 SECTION AT A FUTURE DATE.
   2. THE OFFICE MAY SEEK TO IDENTIFY AN ADULT CARE FACILITY  OR  SERVICE
 LICENSED,  CERTIFIED,  OR APPROVED BY THE OFFICE WHERE SUCH A PERSON CAN
 RECEIVE APPROPRIATE CARE AND WHERE SUCH CARE IS  AVAILABLE  TO  COMMENCE
 BEFORE,  ON,  OR  AFTER,  THE DATE WHEN FUNDING FOR TRANSITIONAL CARE OR
 CARE  PURSUANT  TO  SUBDIVISION  (G)  OF  THIS  SECTION  WILL  OTHERWISE
 COMMENCE.
   3.  THE OFFICE SHALL NOTIFY IN WRITING THE PERSON OR GUARDIAN IF IT IS
 OFFERING A NEW PLACEMENT AT A FACILITY AND PROGRAM THAT  IT  HAS  DETER-
 MINED  TO  BE APPROPRIATE. THE NOTICE SHALL EXPLICITLY AND CLEARLY STATE
 THAT:  (I) THE PERSON OR THE PERSON'S  GUARDIAN  HAS  THE  UNCONDITIONAL
 RIGHT NOT TO ACCEPT THE OFFER; (II) IF THE OFFER IS NOT RESPONDED TO, OR
 IS EXPRESSLY DECLINED, THEN FUNDING FOR TRANSITIONAL CARE OR CARE PURSU-
 ANT  TO SUBDIVISION (G) OF THIS SECTION WILL COMMENCE AS IF NO OFFER HAD
 BEEN MADE; AND (III) IF, AFTER THE COMMENCEMENT  OF  SUCH  FUNDING,  THE
 OFFICE  PROPOSES A NEW PLACEMENT, THEN THE NOTICE, APPEAL, AND DUE PROC-
 ESS RIGHTS OF THE PERSON THAT ARE SET FORTH IN SUBDIVISION (E)  OF  THIS
 SECTION SHALL APPLY.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2021-S8355B (ACTIVE) - Details

See Assembly Version of this Bill:
A8486
Current Committee:
Senate Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.38, Ment Hyg L
Versions Introduced in 2023-2024 Legislative Session:
S3177, A5972

2021-S8355B (ACTIVE) - Summary

Relates to due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.

2021-S8355B (ACTIVE) - Sponsor Memo

2021-S8355B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8355--B
 
                             I N  S E N A T E
 
                             February 15, 2022
                                ___________
 
 Introduced  by  Sens.  CLEARE, BRESLIN, BROOKS, FELDER, GIANARIS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Disabilities  --  committee  discharged,  bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the mental hygiene  law,  in  relation  to  due  process
   procedures  for  certain  persons  who will become eligible to receive
   transitional care or certain care at a future date
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (e) of section 13.38 of the mental hygiene law,
 as  amended  by  chapter  106 of the laws of 2015, is amended to read as
 follows:
   (e) 1. Upon making a determination that  a  person  who  is  receiving
 transitional  care  or care pursuant to subdivision (g) of this section,
 OR WHO HAS RECEIVED AN OFFER FOR CARE FROM THE OFFICE PRIOR TO  BECOMING
 ELIGIBLE  TO  RECEIVE  TRANSITIONAL CARE OR CARE PURSUANT TO SUBDIVISION
 (G) OF THIS SECTION, can be appropriately  cared  for  in  an  available
 adult  care  facility  or service licensed, certified or approved by the
 office, and whose removal from a child care facility is not required  on
 an  expedited  basis,  the office shall notify in writing the person and
 the person's guardian, if one has been appointed, or another  individual
 who  has  been  involved in the care of the person and who may represent
 the person's interests, of the description of the  proposed  new  place-
 ment,  the availability of an administrative appeal to review the deter-
 mination and of the need to request such an  appeal  in  writing  within
 thirty  days  of the notice. If the person, guardian or other individual
 requests an administrative appeal within the time required,  the  office
 shall  schedule  a hearing providing no less than ten days notice to the
 objecting party and the commissioner or his or her designee shall  issue
 a written determination to the objecting party within thirty days of the
 adjournment of the hearing, on whether the adult placement identified by
 the office is appropriate to the needs of the person and is available or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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