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Senate Bill S10093

2025-2026 Legislative Session

Relates to transitional care placements by the office for people with developmental disabilities

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Current Bill Status - In Senate Committee Disabilities Committee

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2025-S10093 (ACTIVE) - Details

See Assembly Version of this Bill:
A10372
Current Committee:
Senate Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.38, Ment Hyg L

2025-S10093 (ACTIVE) - Summary

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.

2025-S10093 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10093
 
                             I N  S E N A T E
 
                              April 28, 2026
                                ___________
 
 Introduced  by  Sen.  SUTTON -- 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  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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