N.Y. Comp. Codes R. & Regs. tit. 14 § 504.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 504.4 - Definitions

(a) Administrative review for purposes of this regulation shall be by the Commissioner of Mental Health or his/her designee. Such review shall be conducted as a hearing pursuant to section 504.6 of this Part.

(b) Appropriate placement and services means meeting an individual's needs for care and treatment, as determined by clinical staff exercising professional judgement.

(c) Commissioner means the Commissioner of Mental Health.

(d) Transitional care for purposes of this Part shall mean care and treatment of persons:

(1) who were placed in foster care by a social services district pursuant to Article 6 of chapter 600 of the Laws of 1994 and who have become 21 years of age, or who were placed in a residential educational placement by a school district pursuant to article 89 of the Education Law and who are no longer eligible for free educational services because they have completed the school year in which they became 21;

(2) who were disabled and in need of residential care prior to becoming age 21 or prior to becoming ineligible for free education services and who have since remained continuously disabled and continuously in need of residential care;

(3) who became 21 or become ineligible for free educational services prior to July 1st, 1996;

(4) with respect to whom the Office of Mental Health, as appropriate, has approved a plan of continued out-of-home care for the person but has not yet identified a currently available appropriate placement within those care systems;

(5) whose residential needs can be met by the facility in which the persons resided prior to becoming age 21 or becoming ineligible for free educational services; and

(6) with respect to whom approved expenditures for transitional care currently are being made by a social services district pursuant to section 466(2) of the Social Services Law.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 504.4