Section 13.37. Powers of the office and commissioner in relation to the planning and referral of mentally retarded and developmentally disabled children for adult services

(a) As used in this section:
    1. "report" means  a  report  submitted  to  the  office  pursuant  to
  subparagraph   five  of  paragraph  b  of  subdivision  one  of  section
  forty-four hundred two of the education law or subdivision  thirteen  of
  section three hundred ninety-eight of the social services law.
    2. "child" means the child who is the subject of a report.
    3. "local  governmental unit" means a governmental unit as defined and
  used in article forty-one of this chapter.
    4. "voluntary agency" shall have the same  meaning  as  that  used  in
  article forty-one of this chapter.
    (b) Upon receipt of a report, the commissioner shall review the report
  and  shall  determine  if  the child will likely need adult services. If
  necessary and appropriate, the commissioner may conduct an evaluation of
  the child to determine if adult services will be needed. Such evaluation
  shall include, but not be limited to, the  medical,  vocational  or  day
  services  and social needs of the child, the desires of the child and of
  his or her parents or guardian,  and  the  availability  of  appropriate
  services. If the child will likely need adult services, the commissioner
  shall  develop  a  plan  for  continued  care  which  shall  include any
  evaluation and shall identify those adult programs or services which may
  be available and which are operated or licensed by the office and by the
  local governmental unit of the county in which the child resides, or  in
  the  event  that  the  child  resides in a county within the city of New
  York, the local governmental unit of the city of New York. Such  written
  plan  shall  be  made  available  to  the  individual  and,  unless  the
  individual objects, to his  or  her  parents  or  guardian  as  soon  as
  practicable  but  not  later than one year before the individual attains
  the age of twenty-one. If such recommendation has been made prior to one
  year before the individual attains the age of twenty, the  office  shall
  provide   yearly  updates  until  the  individual  attains  the  age  of
  twenty-one.
    (c) If the commissioner determines, pursuant  to  subdivision  (b)  of
  this  section,  that  such  child  will  not require adult services, the
  commissioner shall  notify  the  child's  parent  or  guardian  and  the
  committee   on  special  education,  multidisciplinary  team  or  social
  services official, which  submitted  the  report,  in  writing  of  such
  determination.  Such notice shall be given as soon as practicable but no
  later than six months before the child attains the  age  of  twenty-one.
  Such  notice  shall  state  the  reasons  for  the determination and may
  recommend a state agency which may be responsible  for  determining  and
  recommending  adult services. If such determination is not acceptable to
  the child's parent or guardian, such person may appeal the determination
  pursuant to regulations adopted by the commissioner.
    (d) The commissioner may  designate  any  qualified  employee  of  the
  office  to carry out the functions described in subdivisions (b) and (c)
  of this section.  The  commissioner  may  enter  agreements  with  local
  governmental  units  and  voluntary  agencies  to  provide  the services
  described in subdivisions (b) and (c) of this section.  Consistent  with
  these  agreements,  the  commissioner may designate a local governmental
  unit or voluntary agency to carry out the functions of the  commissioner
  described  in  this section and the local governmental unit or voluntary
  agency shall perform those functions.
    (e) All information received by a local governmental unit or voluntary
  agency pursuant to this section shall be subject to the  confidentiality
  requirements of the office.

    (f)   Nothing  in  this  section  shall  be  construed  to  create  an
  entitlement to adult services.