N.Y. Comp. Codes R. & Regs. tit. 14 § 630.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 630.2 - Background

(a) Section 4402 (1)(b)(5) of the Education Law and section 398 (13) of the Social Services Law require that the committee on special education, multidisciplinary team or social services official send a report to OPWDD (if certain conditions are met) about a child who will be aging out and who may need adult services in the OPWDD system. A person ages out when he or she is no longer able to receive services in the educational system, foster care system or other system for children because of his or her age (usually related to the person attaining 21 years of age).

(b) Section 13.37 of the Mental Hygiene Law sets forth the responsibilities of OPWDD related to the planning and referral process for children who are aging out.

(1) Once a report about the child has been received by OPWDD, OPWDD is charged with reviewing the report to determine whether the child will likely need adult services, including evaluating the child if necessary.

(2) If OPWDD determines that the child will not require adult services, OPWDD is required to notify the child's parent or guardian and referring entity. Chapter 508 of the Laws of 2008 amended section 13.37 of the Mental Hygiene Law to establish that if this determination is not acceptable to the child's parent or guardian, he or she may appeal the determination.

(c) Section 1.03 (21) and (22) of the Mental Hygiene Law define "developmental disability."

N.Y. Comp. Codes R. & Regs. Tit. 14 § 630.2

Amended New York State Register November 15, 2017 /Volume XXXIX, Issue 46, eff. 11/15/2017