NY A01763

Establishes uniform minimum due process protections for all mentally disabled adults age 21 and older under care of New York state agencies, addressing the loss of protections that occurs when disabled individuals reach age 21.

Requires the Department of Mental Hygiene to develop due process procedures when proposing changes in placement, reducing/suspending/terminating services, or denying recommended services or placement to adults with mental disabilities.

Guarantees minimum protections including advance written notice of proposed changes, right to representation, opportunity for evidentiary hearing before an impartial decision maker within 14 days, document discovery, witness examination, and written determination based on the individual's best interests and appropriate services.

Allows appeal of hearing officer decisions to the relevant commissioner, and further appeal to court under Article 78 of the Civil Practice Law and Rules.

Requires continuation of current services and placement during the administrative and appellate review process unless otherwise agreed to by the department and the individual or their guardian.