New York Laws
Title 2 - Powers and Duties of Public Welfare Officials
398-C - Powers and Duties of the Commissioner in Relation to Children.

§ 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.