Report on legislation regarding due process protections for transitional care adults

SUMMARY

The Committee on Mental Health Law issued a report supporting legislation providing due process protections for developmentally disabled individuals housed at a facility other than one that is operated or certified by the Office of People with Developmental Disabilities (“OPWDD”) who are in transition. The bill would require OPWDD to notify parents or guardians of an appeal process to challenge OPWDD’s new facility placement of the transitional adult. According to the Committee, this will give parents and guardians of these individuals, who have aged out of the system by virtue of turning 21, the ability to object to the OPWDD placement because they may believe that the new facility is not properly suited to the level of care their child requires, as individuals in OPWDD-operated or certified facilities now have.

BILL INFORMATION

A.9729 (AM Jaffee) / S.7374 (Sen. Bonacic) – relates to due process rights for transitional care adults (NYS 2014)

OUTCOME

Signed by the Governor, Chp. 478, Approval Memo 13 – November 21, 2014