N.Y. Comp. Codes R. & Regs. tit. 14, § 630.4 – Procedures for children aging out.

(a) For the purposes of meeting the requirements of section 13.37 of the Mental Hygiene Law, a child is determined to "likely need adult services" if the child is eligible for services in the OPWDD system.
(b) Upon receiving a report submitted pursuant to section 4402(1)(b)(5) of the Education Law or section 398(13) of the Social Services Law, OPWDD shall determine whether the child is eligible for services utilizing the eligibility determination process described in "Eligibility for OPWDD Services."
(c) If OPWDD determines that the child is not eligible for services, it shall notify the child's parent or guardian and the committee on special education, multidisciplinary team or social services official which submitted the report.
1. (1) Such notice shall state the reasons for the determination and may recommend a state agency which may be responsible for determining and recommending adult services.
2. (2) If the determination is not acceptable to the child's parent or guardian, he or she may appeal the determination in accordance with the eligibility determination process described in "Eligibility for OPWDD Services." The notice to the parent or guardian shall also describe the procedures for appealing the determination.