2010 New York Code
MHY - Mental Hygiene
Title E - GENERAL PROVISIONS
Article 41 - (41.01 - 41.57) LOCAL SERVICES
41.49*2 - Community based mental health services for seriously emotionally disturbed children.

* § 41.49 Community   based   mental   health   services  for  seriously
               emotionally disturbed children.
    1. As used in this section:
    "Seriously emotionally disturbed children" shall  mean  persons  under
  the age of eighteen who have a serious, persistent disability which:
    (i) is caused by a medically determined mental illness as evidenced by
  a  primary  psychiatric  diagnosis by a physician, or is caused by other
  serious  emotional  disturbance  as  defined  by  regulations   of   the
  commissioner of mental health;
    (ii)  has  continued or is likely to continue for a period of at least
  one year;
    (iii) would cause substantial risk of psychiatric  hospitalization  in
  the absence of community based mental health services; and
    (iv)  results  in substantial functional limitations in two or more of
  the following areas:  (A)  self-care  at  an  appropriate  developmental
  level,   (B)  receptive  and  expressive  language,  (C)  learning,  (D)
  self-direction, and (E) capacity for living in a family environment.
    2.  The  commissioner  of  mental   health   is   authorized,   within
  appropriations made therefor, to make grants to local governmental units
  for  one  hundred  percent of the net operating costs of community based
  programs approved by his office to serve seriously emotionally disturbed
  children. Grants provided under this  section  shall  only  be  used  to
  expand  existing  services  or  to  create  new  services  for seriously
  emotionally disturbed children and shall not supplant existing  services
  for  such  individuals.    The  commissioner  shall promulgate rules and
  regulations for the operation and funding of such programs.  Such  rules
  and  regulations  shall  include  but not be limited to, eligibility and
  program requirements, and standards  for  reimbursement.  Such  programs
  shall  be  designed  to  provide  mental  health  services  to seriously
  emotionally  disturbed  children  in  the  community  who,  absent  such
  services,  would  experience  substantial  risk  of  new  or  additional
  psychiatric hospitalization, or would  experience  substantial  risk  of
  serious functional disability as a result of their mental illness.
    3.  Nothing  in this section shall be deemed to diminish the education
  department's  responsibility  for  the  education   of   children   with
  handicapping conditions.
    4.  Notwithstanding  any  other provision of this article, in order to
  qualify for one hundred percent state  aid  pursuant  to  this  section,
  local  governmental  units  shall  assure  that  local contributions for
  expenditures in any local fiscal year for  local  services  provided  to
  mentally ill persons made pursuant to this article, as applicable, shall
  be  equal  to  or  greater  than  the  amount  expended  by  such  local
  governmental unit in the last complete local fiscal year  preceding  the
  effective  date of this section. The commissioner shall be authorized to
  reduce payments made to local governmental  units  which  have  received
  grants pursuant to this section, in the following local fiscal year, for
  failure to maintain expenditures in accordance with this subdivision.
    5.  The  commissioner  of  mental  health shall, no later than October
  first, nineteen hundred eighty-nine and every year thereafter,  issue  a
  report  to the governor and the legislature regarding the implementation
  of the section.
    * NB There are 2 § 41.49's