Authorizes certified school psychologists to participate in the certification of certain persons as intellectually disabled or developmentally disabled; makes technical corrections to language.
Summary
S07279 amends the Surrogate’s Court Procedure Act to expand who may certify a person as intellectually disabled or developmentally disabled for guardianship-related purposes. Under current law, certification generally must come from one licensed physician and one licensed psychologist, or from two licensed physicians. This bill adds a new option allowing one licensed physician and one certified school psychologist to make the required certification.
The bill also makes related technical and conforming changes throughout the guardianship provisions. It updates gendered and singular language to more inclusive phrasing, and clarifies that the certification must include a determination of whether the person has capacity to make health care decisions. It further states that a finding of health care decision-making capacity does not prevent the court from appointing a guardian for other decisions, and preserves the authority of guardians appointed before the effective date to make health care decisions even if their original certifications did not include that determination.
For developmental disability guardianships, the bill similarly allows a certified school psychologist to participate in the certification process and updates cross-references and terminology to align with the new language. It does not change the basic standard for guardianship: the court must still find that the person is incapable of managing their affairs due to a qualifying intellectual or developmental disability, and that the condition is permanent or likely to continue indefinitely.
The bill’s impact on state law is primarily procedural. It broadens the pool of professionals who can help establish eligibility for guardianship under Article 17 of the Surrogate’s Court Procedure Act, which may make it easier or faster for families and petitioners to obtain certifications, especially in cases involving school-age individuals or those already evaluated by school psychologists. It affects courts, physicians, psychologists, certified school psychologists, proposed guardians, and persons subject to guardianship proceedings.
The general sentiment reflected in the voting history appears favorable but not unanimous. The bill passed the Senate Judiciary Committee and the Senate floor in both recorded sessions, indicating substantial support for the measure. At the same time, the floor votes show a meaningful minority of opposition, suggesting some concern about expanding certification authority or altering guardianship procedures, even though no committee transcript is available to identify specific arguments.
Impact
This bill amends the Surrogate’s Court Procedure Act to authorize certified school psychologists to participate, alongside a licensed physician, in certifying certain individuals as intellectually disabled or developmentally disabled for guardianship proceedings. It also makes conforming and technical language updates, including inclusive pronoun changes and clarifications about health care decision-making capacity. The practical effect is to expand the set of professionals who can support guardianship petitions under Article 17, while leaving the underlying legal standards for incapacity and guardianship largely intact.
Sentiment
The available voting history suggests the bill was generally supported, with clear majority approval in committee and on the Senate floor in both recorded instances. However, the measure was not unanimous and drew a notable number of no votes on the floor, indicating some legislative hesitation. Because there are no committee transcripts provided, the record does not show detailed debate, but the pattern suggests broad support tempered by concern from a minority of senators.
Contention
The main point of contention appears to be the expansion of certification authority from licensed psychologists to certified school psychologists in guardianship-related determinations. Supporters likely view this as a practical access-to-services change that reflects the role school psychologists already play in evaluating students and individuals with developmental needs. Opponents may be concerned about whether school psychologists should have equivalent authority in a court certification process that can lead to guardianship and loss of autonomy. The floor vote margins indicate that while the bill had enough support to pass, the change was not universally accepted.
Same As
Authorizes certified school psychologists to participate in the certification of certain persons as intellectually disabled or developmentally disabled; makes technical corrections to language.
Authorizes certified school psychologists to participate in the certification of certain persons as intellectually disabled or developmentally disabled; makes technical corrections to language.
Establishes the right of non-speaking developmentally and otherwise disabled individuals to advocate for themselves in educational, medical, legal, and other decisions by using alternative forms of communication, such as spelling boards, typing-based communication, sign language, and speech-generating devices.
Authorizes people who transport a severely disabled person as an eligible person to receive disabled person plates; defines who qualifies as eligible persons.
Occupation certification; allowing for certain certifications; requiring certain registration; permitting certain participation; authorizing certain termination; prohibiting certain action. Effective date.