N.Y. Comp. Codes R. & Regs. tit. 14 § 583.8

Current through Register Vol. 46, No. 22, May 29, 2024

Section 583.8 - Eligibility criteria

(a) The pre-admission certification committee shall make a determination that a child is eligible for admission only if the child is mentally ill and meets each of the following criteria:

(1) current diagnosis of a mental disorder as specified in the American Psychiatric Association's Diagnostic and Statistical Manual, Third Edition (DSM-III) or the International Classification of Diseases, Ninth Revision, Clinical Modification (ICD-9-CM);

(2) identification of a serious and persistent psychopathology as evidenced by:

(i) severe thought disorder;

(ii) severe affective disorder;

(iii) moderate thought disorder in conjunction with an impulse control disorder or a deficit in activities of daily living skills;

(iv) moderate affective disorder in conjunction with an impulse control disorder or a deficit in activities of daily living skills;

(v) severe conduct disorder in conjunction with an impulse control disorder or a deficit in activities of daily living skills;

(vi) severe personality disorder in conjunction with an impulse control disorder or a deficit in activities of daily living skills; or

(vii) any combination of the above.

(3) intelligence quotient equal to or greater than 51;

(4) attainment of at least the 5th birthday but not the 21st birthday; and

(5) presentation of no likelihood of serious harm to others as defined in section 583.4(c) of this Part.

(b) The pre-admission certification committee shall not make an eligibility determination unless it finds that:

(1) available ambulatory care resources and other residential placements, other than a hospital, do not meet the treatment needs of the individual child;

(2) proper treatment of the child's psychiatric condition requires care and treatment under the direction of a physician within a residential treatment facility; and

(3) care and treatment in a residential treatment facility can reasonably be expected to improve the child's condition or prevent further regression so that services will no longer be needed, provided that a poor prognosis shall not in itself constitute grounds for a denial of determination of eligibility if treatment can be expected to effect a change in prognosis.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 583.8