NY A10068

Establishes uniform due process protections for all adults age 21 and older with mental disabilities under New York Department of Mental Hygiene care or receiving department-funded services.

Requires advance written notice of proposed changes in placement or reductions/terminations of services, and grants adults the right to request an administrative hearing within 30 days.

Guarantees minimum protections including representation by any chosen advocate, discovery of supporting documents, an evidentiary hearing before an impartial decision maker, and cross-examination of witnesses.

Requires the hearing officer to issue a written determination based on whether the proposed action serves the individual's best interests and provides appropriate, effective services and placement.

Allows appeals to the relevant office commissioner and thereafter to court under Article 78 of the Civil Practice Law and Rules, with continued services maintained during the appeals process unless otherwise agreed.