S10093 • 2025

Relates to transitional care placements by the office for people with developmental disabilities

Education

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Sam Sutton
Last action: 2026-04-28
Official status: In Senate Committee
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Relates to transitional care placements by the office for people with developmental disabilities

Relates to transitional care placements by the office for people with developmental disabilities Provides that an adult individual who has transferred into the OPWDD system of care from a transitional care placement at an out-of-state or in-state residential school or adult program associated with a residential school, and whose health, safety, or welfare are being adversely affected in the OPWDD system of care, is allowed to return to their prior transitional care placement, funded by OPWDD, under certain conditions.

What This Bill Does

Relates to transitional care placements by the office for people with developmental disabilities Provides that an adult individual who has transferred into the OPWDD system of care from a transitional care placement at an out-of-state or in-state residential school or adult program associated with a residential school, and whose health, safety, or welfare are being adversely affected in the OPWDD system of care, is allowed to return to their prior transitional care placement, funded by OPWDD, under certain conditions.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-04-28 Senate
REFERRED TO DISABILITIES

Official Summary Text

Relates to transitional care placements by the office for people with developmental disabilities
Provides that an adult individual who has transferred into the OPWDD system of care from a transitional care placement at an out-of-state or in-state residential school or adult program associated with a residential school, and whose health, safety, or welfare are being adversely affected in the OPWDD system of care, is allowed to return to their prior transitional care placement, funded by OPWDD, under certain conditions.

Current Bill Text

Read the full stored bill text

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

                                          10093

                                    I N  S E N A T E

                                     April 28, 2026
                                       ___________

        Introduced  by  Sen.  SUTTON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Disabilities

        AN ACT to amend the mental hygiene law, in relation  to  restoring  safe
          and appropriate transitional care placements

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

     1    Section 1. Subdivision (g) of section 13.38 of the mental hygiene law,
     2  as amended by chapter 405 of the laws of 1998,  is  amended  and  a  new
     3  subdivision (h) is added to read as follows:
     4    (g)  The   office  may make payments necessary to maintain individuals
     5  described in subdivision (a) of this section ON AN EMERGENCY BASIS in  a
     6  child  care  facility  or AN IN-STATE OR OUT-OF-STATE residential school
     7  [on an emergency basis] OR RESIDENTIAL ADULT PROGRAM ASSOCIATED WITH THE
     8  INDIVIDUAL'S FORMER RESIDENTIAL SCHOOL where  circumstances  temporarily
     9  prevent  the  transfer  of  individuals  to adult services or placements
    10  WITHIN THE OFFICE'S SYSTEM OF CARE.
    11    (H) 1. AFTER AN  INDIVIDUAL  DESCRIBED  IN  SUBDIVISION  (A)  OF  THIS
    12  SECTION  HAS  BEEN PLACED WITHIN THE OFFICE'S SYSTEM OF CARE, THE OFFICE
    13  SHALL MAKE PAYMENTS NECESSARY TO RETURN THE INDIVIDUAL TO THEIR PREVIOUS
    14  IN-STATE OR OUT-OF-STATE RESIDENTIAL SCHOOL OR RESIDENTIAL ADULT PROGRAM
    15  ASSOCIATED WITH SUCH SCHOOL IF: (I) THE OFFICE'S SYSTEM OF CARE IS FAIL-
    16  ING TO PROVIDE RESIDENTIAL AND HABILITATION SERVICES APPROPRIATE FOR THE
    17  INDIVIDUAL; (II) CONTINUATION  IN  SUCH  SYSTEM  OF  CARE  IS  ADVERSELY
    18  AFFECTING  THE  INDIVIDUAL'S HEALTH, SAFETY, OR WELFARE; (III) THE RESI-
    19  DENTIAL SCHOOL OR RESIDENTIAL ADULT PROGRAM ASSOCIATED WITH  THE  SCHOOL
    20  THAT  PREVIOUSLY  PROVIDED  TRANSITIONAL  CARE  TO  THE  INDIVIDUAL,  IS
    21  CURRENTLY ABLE TO PROVIDE APPROPRIATE SERVICES FOR THE INDIVIDUAL;  (IV)
    22  THE  RESIDENTIAL SCHOOL OR RESIDENTIAL ADULT PROGRAM ASSOCIATED WITH THE
    23  RESIDENTIAL SCHOOL THAT PROVIDED TRANSITIONAL CARE PREVIOUSLY IS WILLING
    24  AND ABLE TO RE-ADMIT THE INDIVIDUAL; AND (V)  THE  INDIVIDUAL  OR  THEIR
    25  GUARDIAN CONSENTS TO THE TRANSFER.
    26    2.  THE  INDIVIDUAL  OR THEIR GUARDIAN MAY NOTIFY THE OFFICE THAT THEY
    27  BELIEVE THAT CONDITIONS FOR THE RETURN OF THE INDIVIDUAL AS SET FORTH IN
    28  PARAGRAPH ONE OF THIS SUBDIVISION ARE SATISFIED  AND  REQUEST  THAT  THE

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14899-01-6
        S. 10093                            2

     1  INDIVIDUAL  RETURN TO THE INDIVIDUAL'S PREVIOUS IN-STATE OR OUT-OF-STATE
     2  RESIDENTIAL SCHOOL OR RESIDENTIAL  ADULT  PROGRAM  ASSOCIATED  WITH  THE
     3  SCHOOL.  IN THE EVENT THE INDIVIDUAL OR THEIR GUARDIAN REQUESTS A RETURN
     4  TO THE RESIDENTIAL SCHOOL OR RESIDENTIAL ADULT PROGRAM UNDER THIS SUBDI-
     5  VISION  AND  THE  OFFICE  DECLINES  THE REQUEST, THE INDIVIDUAL MAY SEEK
     6  REVIEW OF THE DETERMINATION IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
     7  SEVENTY-EIGHT OF THE CIVIL PRACTICE LAWS AND RULES.
     8    3. THE PROVISIONS OF THIS SUBDIVISION SHALL SUPPLEMENT, AND SHALL  NOT
     9  LIMIT  OR  RESTRICT, ANY RIGHTS AND REMEDIES TO WHICH THE INDIVIDUAL MAY
    10  BE ENTITLED UNDER APPLICABLE LAW.
    11    4. WHEN AN INDIVIDUAL RETURNS  TO  THEIR  PREVIOUS  TRANSITIONAL  CARE
    12  PLACEMENT AT A RESIDENTIAL SCHOOL OR A RESIDENTIAL ADULT PLACEMENT ASSO-
    13  CIATED  WITH  THE  RESIDENTIAL  SCHOOL, THEIR ADMINISTRATIVE DUE PROCESS
    14  RIGHTS PURSUANT TO SUBDIVISION (E) OF THIS SECTION ARE REVIVED.
    15    § 2. This act shall take effect immediately.