N.Y. Comp. Codes R. & Regs. tit. 14 § 583.4

Current through Register Vol. 46, No. 42, October 16, 2024

Section 583.4 - Definitions

(a) Admission criteria are those factors of psychopathology, activities of daily living skills, age and intelligence quotient, in addition to the office's eligibility criteria for access to residential treatment facility services, which are identified for use by a specific residential treatment facility to determine acceptance of applications for admission or transfer.

(b) Child or youth is an individual who has passed at least their 5^th birthday, and who has not yet reached their 22^nd birthday.

(c) Committee on Special Education is a multidisciplinary team established in accordance with the provisions of the New York State Education law to evaluate each child or youth with educational disabilities who resides within a school district.

(d) Designated mental illness means a disruption of cognitive, emotional, or behavioral functioning, which can be classified and diagnosed using the Diagnostic and Statistical Manual of Mental Disorders (DSM), or the International Classification of Diseases (ICD), as incorporated by reference in Part 800 of this Title other than:

(1) substance use disorders in the absences of other mental health conditions defined in the DSM or ICD;

(2) neurodevelopmental disorders in the absence of other mental health conditions;

(3) major neurocognitive disorders in the absence of other mental health conditions defined in the DSM or ICD except Attention-Deficit/Hyperactivity Disorder or Tic Disorders; or

(4) other conditions that may be a focus of clinical attention (commonly described with Z codes), except Parent-Child Relational Problem (V61.20/Z62.820) for child or youth.

(e) Eligibility Criteria means personal attributes and characteristics that an individual must have to access residential treatment facility services.

(f) Likelihood of serious harm is a substantial risk of physical harm to other persons as manifested by recent homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm.

(g) Medical Necessity Criteria shall refer to criteria for access to residential treatment facility services set forth by the office or commissioner's designee, where minimally, outpatient, community-based, and other out of home interventions available, do not meet the treatment needs of the child or youth, the child or youth is experiencing a severity of psychiatric need which requires proper care and treatment of the child or youth's psychiatric condition on an inpatient basis in a residential treatment facility under the direction of a physician, and care and treatment provided by residential treatment facility services can reasonably be expected to improve the child or youth's condition or prevent further regression so that residential treatment facility services will no longer be needed.

(h) Office shall refer to the Office of Mental Health.

(i) Serious emotional disturbance means the child or youth has a designated mental illness diagnosis according to the Diagnostic and Statistical Manual of Mental Disorders (DSM) as incorporated by reference in Part 800 of this Title, and has experienced functional limitations due to emotional disturbance over the past 12 months on a continuous or intermittent basis. The functional limitations must be moderate in at least two of the following areas or severe in at least one of the following areas:

(1) ability to care for self (e.g., personal hygiene; obtaining and eating food; dressing; avoiding injuries); or

(2) family life (e.g., capacity to live in a family or family like environment; relationships with parents or substitute parents, siblings and other relatives; behavior in family setting); or

(3) social relationships (e.g., establishing and maintaining friendships; interpersonal interactions with peers, neighbors and other adults; social skills; compliance with social norms; play and appropriate use of leisure time); or

(4) self-direction/self-control (e.g., ability to sustain focused attention for a long enough period of time to permit completion of age-appropriate tasks; behavioral self-control; appropriate judgment and value systems; decision-making ability); or

(5) ability to learn (e.g., school achievement and attendance; receptive and expressive language; .relationships with teachers; behavior in school).

N.Y. Comp. Codes R. & Regs. Tit. 14 § 583.4

Amended New York State Register July 3, 2024/Volume XLVI, Issue 27, eff. 7/3/2024