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NY A03897
Bill
Status
1/30/2025
Primary Sponsor
Jo Simon
Click for details
AI Summary
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Establishes uniform due process protections for adults with developmental disabilities aged 21 and older who are under the care or funded by the Department of Mental Hygiene
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Requires advance written notice to individuals before any proposed change in placement, discharge, relocation, or reduction/termination of services, with 30 days to file an objection
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Guarantees the right to an evidentiary hearing before an impartial decision maker within 14 days of requesting an administrative hearing, including the right to present evidence, call witnesses, and cross-examine
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Ensures continued services, programming, funding, and placement at the same level during the administrative and appellate review process ("stay put" provision)
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Provides for appeal of hearing officer decisions to the relevant commissioner, with further appeal available through Article 78 court proceedings
Legislative Description
Creates the "protection of adults with mental disabilities act" to provide for fair and meaningful due process proceedings relating to a proposed change of placement, a proposed change in service or denial of services by the offices of the department of mental hygiene.
Last Action
referred to judiciary
1/7/2026