S T A T E O F N E W Y O R K
________________________________________________________________________
8023
2023-2024 Regular Sessions
I N A S S E M B L Y
September 13, 2023
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to creating intera-
gency placement committees to recommend treatment and rehabilitation
programs or strategies for youths with co-existing mental disabilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
41.58 to read as follows:
§ 41.58 INTERAGENCY PLACEMENT COMMITTEES.
1. THERE IS HEREBY ESTABLISHED TEN INTERAGENCY PLACEMENT COMMITTEES IN
THE STATE, ONE FOR EACH OF THE FOLLOWING REGIONS: LONG ISLAND, NEW YORK
CITY, MID-HUDSON, THE CAPITAL REGION, MOHAWK VALLEY, NORTH COUNTRY,
CENTRAL NEW YORK, THE SOUTHERN TIER, THE FINGER LAKES, AND WESTERN NEW
YORK. EACH SUCH COMMITTEE SHALL BE COMPRISED OF NINE MEMBERS, WHO SHALL
BE FAMILIAR WITH THE REGION IN WHICH THEY ARE APPOINTED AND KNOWLEDGE-
ABLE OF THE SERVICES UNDER THIS SECTION THAT ARE AVAILABLE IN SUCH
REGION, AND WHO SHALL BE APPOINTED AS FOLLOWS:
(A) THREE MEMBERS TO BE APPOINTED BY THE COMMISSIONER OF MENTAL
HEALTH;
(B) THREE MEMBERS TO BE APPOINTED BY THE COMMISSIONER OF DEVELOPMENTAL
DISABILITIES; AND
(C) THREE MEMBERS TO BE APPOINTED BY THE COMMISSIONER OF CHILDREN AND
FAMILY SERVICES.
2. THE PURPOSES OF THE INTERAGENCY PLACEMENT COMMITTEES ESTABLISHED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE TO ENSURE THAT
YOUTH WITH CO-EXISTING MENTAL DISABILITIES ARE BEING PROVIDED SUFFICIENT
WRAPAROUND SERVICES TO MEET THEIR NEEDS. EACH INTERAGENCY PLACEMENT
COMMITTEE SHALL ESTABLISH A PROCEDURE UNDER WHICH FAMILIES, SCHOOLS,
PROBATION CENTERS, AND OTHER APPROPRIATE ESTABLISHMENTS IN THEIR REGION
MAY REFER YOUTHS WITH CO-EXISTING MENTAL DISABILITIES TO SUCH INTERAGEN-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11920-01-3
A. 8023 2
CY PLACEMENT COMMITTEE, TO DETERMINE THE BEST TREATMENT AND REHABILI-
TATION PROGRAMS OR STRATEGIES AVAILABLE FOR SUCH YOUTH AND TO RECOMMEND
SUCH DETERMINATIONS TO THE REFERRING ENTITY. IN MAKING SUCH A DETERMI-
NATION, INTERAGENCY PLACEMENT COMMITTEES SHALL AVOID RECOMMENDING AN
IN-PATIENT SETTING FOR A YOUTH UNLESS THERE ARE NO REASONABLE ALTERNA-
TIVES APPROPRIATE FOR SUCH YOUTH.
3. UPON RECEIVING A REFERRAL OF A YOUTH WITH CO-EXISTING MENTAL DISA-
BILITIES PURSUANT TO SUBDIVISION TWO OF THIS SECTION, AN INTERAGENCY
PLACEMENT COMMITTEE SHALL MAKE ITS DETERMINATION AND RECOMMENDATION OF
THE BEST TREATMENT AND REHABILITATION PROGRAMS OR STRATEGIES AVAILABLE
FOR SUCH YOUTH PURSUANT TO SUBDIVISION TWO OF THIS SECTION WITHIN TWO
WEEKS OF RECEIVING SUCH REFERRAL. SUCH DETERMINATION SHALL BE BASED UPON
A MAJORITY VOTE OF THE MEMBERS OF SUCH INTERAGENCY PLACEMENT COMMITTEE.
THE FINDINGS AND REASONING FOR SUCH DETERMINATION AND RECOMMENDATION
SHALL BE PROVIDED TO THE ENTITY THAT SUBMITTED SUCH REFERRAL.
4. BEGINNING ON THE FIRST OF JANUARY NEXT THE DATE UPON WHICH THIS
SECTION SHALL HAVE BECOME A LAW, EACH INTERAGENCY PLACEMENT COMMITTEE
SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, AND THE SPEAKER OF THE ASSEMBLY, THAT SHALL CONTAIN INFORMATION
ON IDENTIFIED GAPS IN TREATMENT AND REHABILITATION OPTIONS IN THEIR
REGION FOR YOUTHS WITH CO-EXISTING MENTAL DISABILITIES, AND ANY PLANS OR
RECOMMENDATIONS TO INCREASE THE AVAILABILITY OF SUCH SERVICES.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.