NY A07912

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

Triggers due process procedures when the department proposes changes in placement (discharge, relocation) or reduction/suspension/termination of services, or denies recommended services or placements outlined in individualized treatment plans.

Guarantees minimum protections including advance written notice of proposed actions, right to representation by any person, opportunity for an evidentiary hearing before an impartial decision maker within 14 days, access to relevant documents, and ability to present and cross-examine evidence.

Requires impartial hearing officers to determine whether proposed actions serve the individual's best interests, result in appropriate and effective services/placement, and support personal development, with appeals available to the commissioner and through Article 78 judicial review.

Requires continued provision of existing services, funding, and placement at the same level during the administrative and appellate review process unless otherwise agreed to by the department and the individual or their guardian.