Bill Text: NY A05972 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for due process procedures for persons who currently are placed in New York state education department approved out-of-state residential schools pursuant to the education law and the federal individuals with disabilities education act who have received an offer for transitional care or certain care prior to becoming eligible to receive such care.

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Introduced) 2024-01-03 - referred to people with disabilities [A05972 Detail]

Download: New_York-2023-A05972-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5972

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 24, 2023
                                       ___________

        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on People with Disabilities

        AN ACT to amend the mental hygiene  law,  in  relation  to  due  process
          procedures  for  certain  persons  who will become eligible to receive
          transitional care or certain care at a future date

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision (e) of section 13.38 of the mental hygiene law,
     2  as  amended  by  chapter  106 of the laws of 2015, is amended to read as
     3  follows:
     4    (e) 1. Upon making a determination that  a  person  who  is  receiving
     5  transitional  care  or care pursuant to subdivision (g) of this section,
     6  or who has received an offer for care from the office prior to  becoming
     7  eligible  to  receive  transitional care or care pursuant to subdivision
     8  (g) of this section, can be appropriately  cared  for  in  an  available
     9  adult  care  facility  or service licensed, certified or approved by the
    10  office, and whose removal from a child care facility is not required  on
    11  an  expedited  basis,  the office shall notify in writing the person and
    12  the person's guardian, if one has been appointed, or another  individual
    13  who  has  been  involved in the care of the person and who may represent
    14  the person's interests, of the description of the  proposed  new  place-
    15  ment,  the availability of an administrative appeal to review the deter-
    16  mination and of the need to request such an  appeal  in  writing  within
    17  thirty  days  of the notice. If the person, guardian or other individual
    18  requests an administrative appeal within the time required,  the  office
    19  shall  schedule  a hearing providing no less than ten days notice to the
    20  objecting party and the commissioner or his or her designee shall  issue
    21  a written determination to the objecting party within thirty days of the
    22  adjournment of the hearing, on whether the adult placement identified by
    23  the office is appropriate to the needs of the person and is available or
    24  will  become  available  on  an  identified date certain. If the person,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08145-01-3
        A. 5972                             2

     1  guardian or other individual does not request a hearing within the  time
     2  required, or if the hearing results in a determination that the proposed
     3  adult  services  or  placement is appropriate to the needs of the person
     4  and is available or will be available on an identified date certain, the
     5  office  shall  discontinue  care  funding  for  the  person as of a date
     6  certain. The written determination shall  be  the  final  administrative
     7  remedy  available  and shall be subject to review in accordance with the
     8  provisions of article seventy-eight of the civil practice law and rules.
     9    2. If the office makes an offer of placement to a person prior to  the
    10  expiration of the person's right to a Free and Appropriate Public Educa-
    11  tion  (FAPE), the person shall not be required to terminate their educa-
    12  tional program prematurely.
    13    § 2. This act shall take effect immediately.