Assembly Bill A10858

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10858
 
                           I N  A S S E M B L Y
 
                               April 8, 2026
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public  health  law,  in  relation  to  establishing
   procedures  for  the  social admission of certain minors presenting to
   emergency departments for mental or behavioral health evaluation  when
   a parent, legal guardian, or local social services district refuses to
   retrieve the minor upon discharge
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2805-b-1 to read as follows:
   §  2805-B-1.  SOCIAL  ADMISSION OF MINORS. 1. AS USED IN THIS SECTION,
 THE TERM "HOSPITAL" SHALL INCLUDE HOSPITALS  AND  GENERAL  HOSPITALS  AS
 SUCH  TERMS  ARE  DEFINED IN SUBDIVISIONS ONE AND TEN OF SECTION TWENTY-
 EIGHT HUNDRED ONE OF THIS ARTICLE.
   2. (A) A HOSPITAL SHALL ADMIT A MINOR TO AN APPROPRIATE INPATIENT UNIT
 UNDER A SOCIAL ADMISSION STATUS WHEN:
   (I) SUCH MINOR PRESENTS TO A HOSPITAL EMERGENCY DEPARTMENT OR EMERGEN-
 CY CRISIS UNIT FOR EVALUATION OF MENTAL OR BEHAVIORAL HEALTH CONCERNS;
   (II) SUCH MINOR RECEIVES A COMPREHENSIVE  EVALUATION  WITHIN  NO  MORE
 THAN TWENTY-FOUR HOURS OF THEIR ARRIVAL AT SUCH HOSPITAL;
   (III)  THE PSYCHIATRIC OR CRISIS TEAM EVALUATING SUCH MINOR DETERMINES
 THAT SUCH MINOR DOES NOT MEET CLINICAL CRITERIA FOR INPATIENT  PSYCHIAT-
 RIC ADMISSION AND IS MEDICALLY CLEARED FOR DISCHARGE; AND
   (IV)  THE  PARENT  OR LEGAL GUARDIAN OF SUCH MINOR OR THE LOCAL SOCIAL
 SERVICES DISTRICT REFUSES OR FAILS TO RETRIEVE SUCH  MINOR,  EFFECTIVELY
 ABANDONING SUCH MINOR AT THE HOSPITAL.
   (B)  ADMISSION  OF A MINOR UNDER A SOCIAL ADMISSION STATUS PURSUANT TO
 THIS SUBDIVISION SHALL BE FOR CUSTODIAL AND SAFETY  PURPOSES  AND  SHALL
 NOT BE BASED ON PSYCHIATRIC MEDICAL NECESSITY.
   3.  UPON ADMITTING A MINOR UNDER A SOCIAL ADMISSION STATUS PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION, THE HOSPITAL ADMITTING SUCH MINOR SHALL
 IMMEDIATELY NOTIFY THE APPROPRIATE LOCAL SOCIAL SERVICES DISTRICT AND/OR
 LOCAL CHILD PROTECTIVE SERVICE AND SHALL COORDINATE WITH THE LOCAL CHILD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15198-01-6
 A. 10858                            2
 
 PROTECTIVE SERVICE TO DETERMINE AND SECURE A SAFE AND APPROPRIATE PLACE-
 MENT FOR SUCH MINOR.
   4.  ASSIGNED  CASEWORKERS  SHALL  REVIEW  THE CASES OF MINORS ADMITTED
 PURSUANT TO SUBDIVISION TWO OF THIS  SECTION  ON  AN  ONGOING  BASIS  TO
 ENSURE SUCH MINORS DO NOT REMAIN UNDER INPATIENT SOCIAL ADMISSION STATUS
 AT A HOSPITAL INDEFINITELY.
   5.  HOSPITALS  SHALL  REPORT  QUARTERLY  TO THE LOCAL CHILD PROTECTIVE
 SERVICE, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE DEPARTMENT, AND
 ALL STAKEHOLDERS, INFORMATION ON THE NUMBER OF  SOCIAL  ADMISSIONS  MADE
 PURSUANT TO THIS SECTION, THE LENGTH OF STAY OF MINORS ADMITTED PURSUANT
 TO  THIS  SECTION,  AND  DISPOSITION  OUTCOMES OF SOCIAL ADMISSIONS MADE
 PURSUANT TO THIS SECTION,  FOR  THE  PURPOSE  OF  INFORMING  POLICY  AND
 RESOURCE ALLOCATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a law. Effective immediately, the department of
 health and the office of children and family services are authorized  to
 promulgate  any rules and regulations necessary for the timely implemen-
 tation of this act on or before such effective date.