Section 398-C. Powers and duties of the commissioner in relation to children

1. The commissioner shall determine  whether  a  child,  whose
  report  is  submitted to the department 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 this article, will likely need adult  services  and,  if
  such need will likely exist, develop a recommendation of all appropriate
  programs authorized or operated by the department which may be available
  when  the  child  attains  the  age  of  twenty-one.  If  necessary  and
  appropriate, the commissioner may conduct an evaluation of the child  to
  determine  if  adult  services will be necessary. Such recommendation of
  all programs shall be made available to the parent or guardian  of  such
  child  as  soon  as practicable but no later than six months before such
  child attains the age of twenty-one.
    2. If the commissioner determines pursuant to subdivision one of  this
  section,   that   such  child  will  not  require  adult  services,  the
  commissioner shall notify the child's parent or guardian 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.
    3.  Notwithstanding  subdivisions  one  and  two  of this section, the
  commissioner may determine that the department is  not  responsible  for
  determining  and recommending adult services for such child. When such a
  determination is made it shall be made  as  soon  as  practicable  after
  receiving  the  report  and  the  commissioner  shall promptly notify in
  writing the committee on special education,  multidisciplinary  team  or
  social services official who sent the report that such determination has
  been made. 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.
    4. Nothing in this section shall be construed to create an entitlement
  to adult services.
    5. A designee of the commissioner may carry out the functions  of  the
  commissioner described in this section.