Powers and duties of the commissioner in relation to children

§ 398-c. Powers and duties of the commissioner in relation to\nchildren. 1. The commissioner shall determine whether a child, whose\nreport is submitted to the department pursuant to subparagraph five of\nparagraph b of subdivision one of section forty-four hundred two of the\neducation law or subdivision thirteen of section three hundred\nninety-eight of this article, will likely need adult services and, if\nsuch need will likely exist, develop a recommendation of all appropriate\nprograms authorized or operated by the department which may be available\nwhen the child attains the age of twenty-one. If necessary and\nappropriate, the commissioner may conduct an evaluation of the child to\ndetermine if adult services will be necessary. Such recommendation of\nall programs shall be made available to the parent or guardian of such\nchild as soon as practicable but no later than six months before such\nchild attains the age of twenty-one.\n 2. If the commissioner determines pursuant to subdivision one of this\nsection, that such child will not require adult services, the\ncommissioner shall notify the child's parent or guardian in writing of\nsuch determination. Such notice shall be given as soon as practicable\nbut no later than six months before the child attains the age of\ntwenty-one.\n 3. Notwithstanding subdivisions one and two of this section, the\ncommissioner may determine that the department is not responsible for\ndetermining and recommending adult services for such child. When such a\ndetermination is made it shall be made as soon as practicable after\nreceiving the report and the commissioner shall promptly notify in\nwriting the committee on special education, multidisciplinary team or\nsocial services official who sent the report that such determination has\nbeen made. Such notice shall state the reasons for the determination and\nmay recommend a state agency which may be responsible for determining\nand recommending adult services.\n 4. Nothing in this section shall be construed to create an entitlement\nto adult services.\n 5. A designee of the commissioner may carry out the functions of the\ncommissioner described in this section.\n