What's happening
This bill changes annual guardianship assessments from requiring two psychiatrists or a psychiatrist and psychologist to allowing evaluations by various qualified professionals.
Why it matters
Expands the pool of professionals. who can perform annual guardianship assessments, potentially speeding up the process and making it easier to schedule evaluations, especially in areas with psychiatrist shortages.
Includes professionals like nurse clinicians and social workers. , who may have a more direct role in clients' ongoing care and a broader understanding of their daily functioning, possibly leading to more holistic evaluations.
Maintains impartiality. by requiring that evaluators are unaffiliated with the community guardian program and act within their legal scope of practice, helping to ensure assessments remain objective and credible.
Aligns reporting and court review. with updates to the mental hygiene law, which may streamline court procedures for modifying or ending guardianships, potentially leading to more responsive and individualized oversight of guardianship cases.
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Who cares
Headline styles
Update Community Guardianship Reviews
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Substituted by A4109B
- Ordered to third reading cal.1688
- Committee discharged and committed to rules
- Print number 4285a
- Amend and recommit to aging
- Referred to aging
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Update Guardianship Evaluation Rules
Signed by Governor · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4285--A
2019-2020 Regular Sessions
IN SENATE
March 6, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Aging -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to the community guardianship program
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (g) of subdivision 3 of section 473-d of the social services law, as added by chapter 846 of the laws of 1986 and such section as renumbered by chapter 395 of the laws of 1995, is amended to read as follows:
(g) the community guardian program shall obtain [annual assessments from two qualified psychiatrists or one qualified psychiatrist and one qualified psychologist who are independent of the community guardian program of persons for whom it serves as committee or conservator to determine whether continuation of the guardianship is necessary, and the appointing court shall be informed of the results of such assessments and may discharge the community guardian program as conservator or committee pursuant to sections 77.35 and 78.27 of the mental hygiene law] annually a statement prepared by a physician, psychologist, nurse clinician, or social worker, or other person evaluating the condition and functional level of a person for whom the community guardian program serves as guardian pursuant to paragraph five of subdivision (b) of section 81.31 of the mental hygiene law and the appointing court shall be informed of the results of such evaluation or examination and may discharge or modify the powers of the guardian pursuant to section 81.36 of the mental hygiene law. The person conducting the evaluation pursuant to this paragraph shall not be affiliated with a community guardian program and shall be acting within their lawful scope of practice as established under the education law;
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05899-05-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to the community guardianship program
Summary of specific provisions
At present, subparagraph (g) of paragraph 3 of section 473-d of the Social Services Law requires that community guardian programs obtain assessments of their clients by two mental health professionals each year. These assessments are intended to be used to determine whether the guardianship continues to be necessary.
Section one of this bill would eliminate this requirement and instead require a report by a doctor or psychologist or other person who has evaluated the client in the three months prior to the filing of the report regarding the client's condition and current functional level. This report is already required by paragraph 5 of subdivision (b) of section 81.31 of the Mental Hygiene Law.
Justification
Current Social Services Law requires that clients of a community guardi- an program be assessed yearly by two mental health professionals. These assessments help determine whether continued guardianship is needed. This requirement is no longer necessary in light of provisions of the Mental Hygiene Law. In particular, section 81.31 of the mental Hygiene Law requires that every guardian file an annual report with the court covering a range of issues. One component of the report is a statement by a physician, psychologist, nurse clinician or social worker or other person who has recently evaluated the client regarding the client's condition and his or her functional level. Since an evaluation of each client must now be conducted, it is redundant to require that two mental health professionals must also assess the client. During these difficult financial times, the State strains to safeguard vital services while implementing cost saving measures. Funds spent by localities on contracts for these assessments could be directed elsewhere rather than supporting duplicative and unnecessary evaluations.
Prior legislative history
(2011-12) A.8308 Amend and recommit to Mental Health
(2013-14) A5187 Referred to Mental Health (2015-16) A2986 Referred to Mental Health 2017-18: A6614 Passed Assembly
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.