Provides that an adult individual who has transferred into the OPWDD system of care from a transitional care placement at an out-of-state or in-state residential school or adult program associated with a residential school, and whose health, safety, or welfare are being adversely affected in the OPWDD system of care, is allowed to return to their prior transitional care placement, funded by OPWDD, under certain conditions.
S T A T E O F N E W Y O R K
________________________________________________________________________
10372
I N A S S E M B L Y
March 3, 2026
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on People with Disabilities
AN ACT to amend the mental hygiene law, in relation to restoring safe
and appropriate transitional care placements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (g) of section 13.38 of the mental hygiene law,
as amended by chapter 405 of the laws of 1998, is amended and a new
subdivision (h) is added to read as follows:
(g) The office may make payments necessary to maintain individuals
described in subdivision (a) of this section ON AN EMERGENCY BASIS in a
child care facility or AN IN-STATE OR OUT-OF-STATE residential school
[on an emergency basis] OR RESIDENTIAL ADULT PROGRAM ASSOCIATED WITH THE
INDIVIDUAL'S FORMER RESIDENTIAL SCHOOL where circumstances temporarily
prevent the transfer of individuals to adult services or placements
WITHIN THE OFFICE'S SYSTEM OF CARE.
(H) 1. AFTER AN INDIVIDUAL DESCRIBED IN SUBDIVISION (A) OF THIS
SECTION HAS BEEN PLACED WITHIN THE OFFICE'S SYSTEM OF CARE, THE OFFICE
SHALL MAKE PAYMENTS NECESSARY TO RETURN THE INDIVIDUAL TO THEIR PREVIOUS
IN-STATE OR OUT-OF-STATE RESIDENTIAL SCHOOL OR RESIDENTIAL ADULT PROGRAM
ASSOCIATED WITH SUCH SCHOOL IF: (I) THE OFFICE'S SYSTEM OF CARE IS FAIL-
ING TO PROVIDE RESIDENTIAL AND HABILITATION SERVICES APPROPRIATE FOR THE
INDIVIDUAL; (II) CONTINUATION IN SUCH SYSTEM OF CARE IS ADVERSELY
AFFECTING THE INDIVIDUAL'S HEALTH, SAFETY, OR WELFARE; (III) THE RESI-
DENTIAL SCHOOL OR RESIDENTIAL ADULT PROGRAM ASSOCIATED WITH THE SCHOOL
THAT PREVIOUSLY PROVIDED TRANSITIONAL CARE TO THE INDIVIDUAL, IS
CURRENTLY ABLE TO PROVIDE APPROPRIATE SERVICES FOR THE INDIVIDUAL; (IV)
THE RESIDENTIAL SCHOOL OR RESIDENTIAL ADULT PROGRAM ASSOCIATED WITH THE
RESIDENTIAL SCHOOL THAT PROVIDED TRANSITIONAL CARE PREVIOUSLY IS WILLING
AND ABLE TO RE-ADMIT THE INDIVIDUAL; AND (V) THE INDIVIDUAL OR THEIR
GUARDIAN CONSENTS TO THE TRANSFER.
2. THE INDIVIDUAL OR THEIR GUARDIAN MAY NOTIFY THE OFFICE THAT THEY
BELIEVE THAT CONDITIONS FOR THE RETURN OF THE INDIVIDUAL AS SET FORTH IN
PARAGRAPH ONE OF THIS SUBDIVISION ARE SATISFIED AND REQUEST THAT THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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