Senate Bill S5272

2015-2016 Legislative Session

Establishes a right to treatment for seriously emotionally disturbed children who are certified and waiting to be placed in a residential placement facility

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Archive: Last Bill Status - In Senate Committee Finance Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S5272 (ACTIVE) - Details

See Assembly Version of this Bill:
A3860
Current Committee:
Senate Finance
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §9.51, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2525
2011-2012: A4075
2013-2014: A5265
2017-2018: S725, A3751

2015-S5272 (ACTIVE) - Summary

Establishes a right to treatment for seriously emotionally disturbed children who are certified by the pre-admission certification committee and waiting to be placed in a residential placement facility for children and youth; requires commissioner to evaluate what services are needed and how to provide them.

2015-S5272 (ACTIVE) - Sponsor Memo

2015-S5272 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5272

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation  to  establishing  a
  right  to  treatment  for seriously emotionally disturbed children who
  are certified and waiting to be  placed  in  a  residential  placement
  facility for children and youth

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 9.51 of the mental hygiene law is amended by adding
two new subdivisions (h) and (i) to read as follows:
  (H) WHENEVER A PERSON BECOMES CERTIFIED BY THE  PRE-ADMISSION  CERTIF-
ICATION  COMMITTEE  AND IS WAITING FOR PLACEMENT, SUCH PERSON SHALL HAVE
THE RIGHT TO THE MENTAL HEALTH SERVICES FOR WHICH THEY ARE ELIGIBLE  AND
WHICH  ARE  CUSTOMARILY  PROVIDED  IN  A RESIDENTIAL FACILITY UNTIL THAT
PERSON IS PLACED IN AN APPROPRIATE RESIDENTIAL TREATMENT  FACILITY.  THE
COMMISSIONER  SHALL  BE CHARGED WITH THE RESPONSIBILITY FOR ASSURING THE
DEVELOPMENT OF COMPREHENSIVE PLANS, PROGRAMS, AND SERVICES IN THE  AREAS
OF  EARLY  PREVENTION, CARE AND TREATMENT, AND EDUCATION. SERVICES SHALL
BE PROVIDED WITHIN A REASONABLE PERIOD OF TIME AFTER  CERTIFICATION  AND
APPROPRIATE  TO INDIVIDUAL NEEDS IN THE ENVIRONMENT NECESSARY TO ACHIEVE
THE PURPOSES OF TREATMENT UNTIL SUCH INDIVIDUALS ARE PLACED IN  A  RESI-
DENTIAL  TREATMENT  FACILITY.  THE  COMMISSIONER,  IN  CARRYING  OUT THE
PROVISIONS OF THIS SUBDIVISION, SHALL:
  (1) DEVELOP, ESTABLISH, AND PROMULGATE A PROCEDURE  TO  IMPLEMENT  THE
PROVISIONS  OF  THIS SUBDIVISION. SUCH PROCEDURE SHALL BE BASED UPON THE
INDIVIDUAL NEEDS OF THE PERSON; AND
  (2) NOTIFY, COOPERATE, GUIDE, AND ASSIST LOCAL AGENCIES, LOCAL GOVERN-
MENT UNITS, COMMUNITY SERVICE BOARDS, AND/OR PROVIDERS OF SERVICE.
  (I) THE COMMISSIONER SHALL IDENTIFY THE CHARACTERISTICS AND NUMBER  OF
CHILDREN  AND ADOLESCENTS WHO ARE CERTIFIED BY THE PRE-ADMISSION CERTIF-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01800-01-5

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