§ 7.37 Powers of the office and commissioner in relation to the planning

and referral of mentally ill children for adult services.

(a) As used in this section:

1. "report" means a report submitted to the office pursuant to
subparagraph five of paragraph b of subdivision one of section
forty-four hundred two of the education law or subdivision thirteen of
section three hundred ninety-eight of the social services law.

2. "child" means the child who is the subject of a report.

3. "local governmental unit" means a governmental unit as defined and
used in article forty-one of this chapter.

4. "voluntary agency" shall have the same meaning as that used in
article forty-one of this chapter.

(b) Upon receipt of a report, the commissioner shall review the report
and shall determine if the child will likely need adult services. If
necessary and appropriate, the commissioner may conduct an evaluation of
the child to determine if adult services will be needed. Such evaluation
shall include, but not be limited to, the medical, vocational or day
services and social needs of the child, the desires of the child and of
his or her parents or guardian, and the availability of appropriate
services. If the child will likely need adult services, the commissioner
shall develop a plan for continued care which shall include any
evaluation and shall identify those adult programs or services which may
be available and which are operated or licensed by the office and by the
local governmental unit of the county in which the child resides, or in
the event that the child resides in a county within the city of New
York, the local governmental unit of the city of New York. Such written
plan shall be made available to the individual, unless the individual
objects, and his or her parents or guardian as soon as practicable but
not later than one year before the individual attains the age of
twenty-one. If such recommendation has been made prior to one year
before the individual attains the age of twenty, the office shall
provide yearly updates until the individual attains the age of
twenty-one.

(c) If the commissioner determines, pursuant to subdivision (b) of
this section, that such child will not require adult services, the
commissioner shall notify the child's parent or guardian in writing of
such determination. Such notice shall be given as soon as practicable
but no later than six months before the child attains the age of
twenty-one.

(d) Notwithstanding subdivisions (b) and (c) of this section, the
commissioner may determine that the office is not responsible for
determining and recommending adult services for the child. When such a
determination is made it shall be made as soon as practicable after
receiving the report and the commissioner shall promptly notify in
writing the committee on special education, multidisciplinary team or
social services official who sent the report that such determination has
been made. Such notice shall state the reasons for the determination and
may recommend a state agency which may be responsible for determining
and recommending adult services.

(e) The commissioner may designate any qualified employee of the
office or any psychiatric center to carry out the functions described in
subdivisions (b), (c) and (d) of this section. The commissioner may
enter agreements with local governmental units and voluntary agencies to
provide the services described in subdivisions (b), (c) and (d) of this
section. Consistent with these agreements, the commissioner may
designate a local governmental unit or voluntary agency to carry out the
functions of the commissioner described in this section and the local
governmental unit or voluntary agency shall perform those functions.

(f) All information received by a local governmental unit or voluntary
agency pursuant to this section shall be subject to the confidentiality
requirements of the office.

(g) Nothing in this section shall be construed to create an
entitlement to adult services.