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NY A10372
Bill
Status
3/3/2026
Primary Sponsor
Andrew Hevesi
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AI Summary
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Adults with developmental disabilities who transferred from residential school placements to OPWDD system of care may return to their prior placement if the current care adversely affects their health, safety, or welfare
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Return eligibility requires five conditions: inadequate OPWDD services, harm to the individual, the prior facility can provide appropriate services, the facility will re-admit them, and the individual or guardian consents
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OPWDD must fund the return to in-state or out-of-state residential schools or associated adult programs when conditions are met
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Individuals or guardians may formally request return to prior placement; if OPWDD denies the request, they can seek judicial review under Article 78 proceedings
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Administrative due process rights are restored when an individual returns to their previous transitional care placement
Legislative Description
Provides that an adult individual who has transferred into the OPWDD system of care from a transitional care placement at an out-of-state or in-state residential school or adult program associated with a residential school, and whose health, safety, or welfare are being adversely affected in the OPWDD system of care, is allowed to return to their prior transitional care placement, funded by OPWDD, under certain conditions.
Last Action
referred to people with disabilities
3/3/2026