S T A T E   O F   N E W   Y O R K
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                                  4427

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH, COOK, JAFFEE, TITUS, P. RIVERA,
  MILLMAN, SCHROEDER, WRIGHT, ROBINSON, N. RIVERA -- Multi-Sponsored  by
  --  M. of A. BENEDETTO, BOYLAND, BROOK-KRASNY, GLICK, MAISEL, McENENY,
  PHEFFER, REILLY, J. RIVERA, SWEENEY, TOWNS, WEISENBERG  --  read  once
  and referred to the Committee on Children and Families

AN  ACT  to  amend  the  social  services  law and the executive law, in
  relation to residential programs for children

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  462-b  of  the social services law is renumbered
section 462-c and a new section 462-b is added to read as follows:
  S 462-B. RIGHTS OF YOUTH IN DETENTION  AND  RESIDENTIAL  CARE.  1.  IN
ORDER TO ENSURE THAT RESIDENTS OF FACILITIES OR PROGRAMS FOR YOUTH OPER-
ATED,  LICENSED  OR  CERTIFIED  BY  THE  OFFICE  OF  CHILDREN AND FAMILY
SERVICES ARE TREATED CONSISTENTLY WITH THE LAWS AND REGULATIONS, AND ARE
ASSURED APPROPRIATE AND QUALITY CARE, THE COMMISSIONER OF THE OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES  SHALL  PROMULGATE REGULATIONS INFORMING
RESIDENTS OF THEIR RIGHTS UNDER LAW. SUCH REGULATIONS SHALL INCLUDE, BUT
NOT BE LIMITED TO, INFORMING RESIDENTS THAT THEY HAVE THE RIGHT TO:
  A. A SAFE, SANITARY AND NURTURING  ENVIRONMENT  FREE  FROM  ABUSE  AND
MISTREATMENT  BY  EMPLOYEES AND OTHER RESIDENTS OF THE FACILITY OR RESI-
DENCE WHICH MAY CAUSE A CHILD TO BECOME AN ABUSED OR NEGLECTED CHILD  AS
DEFINED  IN SUBDIVISIONS ONE AND TWO OF SECTION FOUR HUNDRED TWELVE-A OF
THIS CHAPTER AND OTHER RESIDENTS OF THE FACILITY OR RESIDENCE;
  B. AN INDIVIDUAL SERVICES OR TREATMENT PLAN, APPROPRIATE FOR THE  TYPE
OF FACILITY AND DESIGNED WITH THE ACTIVE PARTICIPATION OF THE YOUTH, AND
THE PARENT OR GUARDIAN, TO THE EXTENT POSSIBLE;
  C.  THE  FOLLOWING  SHOULD  NOT BE WITHHELD AS A DISCIPLINARY MEASURE:
NUTRITION, HYDRATION, SLEEP, EXERCISE, EDUCATION, BEDDING, A DAILY SHOW-
ER, WATER, A TOILET, MEDICAL SERVICES,  READING  MATERIAL,  AND  CONTACT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01140-01-1

              

A. 4427                             2

WITH  PARENTS, GUARDIANS, OR ATTORNEYS, EXCEPT IN THE EVENT SUCH CONTACT
POSES A SAFETY THREAT TO THE YOUTH OR OTHERS;
  D.  BE  FREE  FROM  PHYSICAL  RESTRAINT, SECLUSION, AND EXCLUSION FROM
SOCIAL INTERACTION EXCEPT AS OTHERWISE AUTHORIZED BY LAW AND REGULATION;
  E. RECEIVE ADEQUATE AND APPROPRIATE MEDICAL, DENTAL, VISION AND MENTAL
HEALTH SERVICES CONSISTENT WITH THE RULES AND REGULATIONS PROMULGATED BY
THE AGENCY OPERATING, CERTIFYING OR SUPERVISING THE FACILITY OR PROGRAM,
PROVIDED THE AGENCY HAS REASONABLE  ACCESS  TO  THE  PROVISION  OF  SUCH
SERVICES  AND THAT NECESSARY CONSENTS HAVE BEEN SOUGHT AND OBTAINED FROM
THE  APPROPRIATE  INDIVIDUALS,  AND  WHICH  SERVICES  SHALL  INCLUDE   A
MEDICALLY  APPROPRIATE  MEDICATION  PRESCRIBING  PRACTICE, INCLUDING THE
PROVISION OF INFORMATION ABOUT MEDICATIONS;
  F. COMMUNICATE THROUGH LETTERS, PHONE CALLS AND VISITS WITH  A  PARENT
OR  PARENTS,  OTHER FAMILY MEMBERS, GUARDIANS OR OTHER SIGNIFICANT INDI-
VIDUALS, ABSENT LEGAL, CLINICAL OR PROGRAMMATIC IMPEDIMENTS  WHICH  MUST
BE DOCUMENTED IN THE YOUTH'S CASE RECORD;
  G.  MAKE  AND  RECEIVE  CONFIDENTIAL TELEPHONE CALLS, SEND AND RECEIVE
CONFIDENTIAL  MAIL,  AND  HAVE  CONFIDENTIAL  VISITS   WITH   ATTORNEYS,
OMBUDSPERSONS,  JUDGES,  AND  RELIGIOUS AND SPIRITUAL ADVISERS AND THEIR
AUTHORIZED REPRESENTATIVES AS WELL AS LEGAL SERVICE ORGANIZATIONS  WHERE
SUCH ORGANIZATIONS HAVE BEEN CONTACTED BY THE YOUTH OR BY SOMEONE ON THE
YOUTH'S BEHALF;
  H. EXPRESS GRIEVANCES, CONCERNS AND SUGGESTIONS TO STAFF OF THE FACIL-
ITY OR THE OMBUDSPERSON, WHERE AVAILABLE, WITHOUT FEAR OF RETRIBUTION;
  I.  HAVE  ACCESS  TO  RECREATIONAL  ACTIVITIES  AND COMMUNITY PROGRAMS
INCLUDING DAILY OUTDOOR OR EXERCISE ACTIVITIES BASED UPON THE  LEVEL  OF
CARE UNLESS THERE ARE LEGAL, CLINICAL, OR PROGRAMMATIC IMPEDIMENTS WHICH
SHALL BE DOCUMENTED IN THE YOUTH'S CASE RECORD BASED UPON LEVEL OF CARE;
  J.  PARTICIPATE  IN AVAILABLE RELIGIOUS ACTIVITIES THAT DO NOT CONSTI-
TUTE A THREAT TO THE SAFETY, SECURITY, OR  HEALTH  OF  OTHER  RESIDENTS.
ABSTENTION FROM SUCH ACTIVITIES SHALL NOT RESULT IN FEAR OF RETRIBUTION;
  K.  HAVE AND DISPLAY PHOTOGRAPHS IN THEIR PERSONAL LIVING SPACE ABSENT
LEGAL OR CLINICAL IMPEDIMENTS;
  L. RECEIVE AN APPROPRIATE EDUCATION IN THE LEAST RESTRICTIVE  ENVIRON-
MENT AS APPROPRIATE TO THE SPECIFIC RESIDENTIAL SETTING;
  M.  BE  FREE  OF  HARASSMENT  FROM EMPLOYEES OR YOUTH IN FACILITIES OR
PROGRAMS;
  N. BE CALLED BY THE NAME OF THEIR CHOOSING, EXCEPT  IN  THE  EVENT  IT
POSES A SAFETY THREAT;
  O. EXPRESS THEIR GENDER IDENTITY THROUGH APPROPRIATE UNDERGARMENTS AND
HAIR STYLE;
  P. BE FREE FROM BEING SUBJECTED TO DISCRIMINATION BASED ON THE YOUTH'S
ACTUAL  OR  PERCEIVED  RACE, COLOR, NATIONAL ORIGIN, ETHNIC GROUP, RELI-
GION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, GENDER, GENDER
IDENTITY OR SEX BY EMPLOYEES OR YOUTH IN FACILITIES OR PROGRAMS  AND  BE
FREE TO EXPRESS GENDER IDENTITY; AND
  Q.  AN AGE APPROPRIATE VERSION OF THE POLICY OUTLINED IN THIS SECTION,
WRITTEN IN PLAIN LANGUAGE, SHALL BE PRESENTED TO EACH YOUTH UPON HIS  OR
HER ORIENTATION TO ANY FACILITY OR PROGRAM.
  2.  NOTHING IN THIS SECTION SHALL CREATE AN INDEPENDENT LEGAL CAUSE OF
ACTION UNLESS OTHERWISE PROVIDED BY LAW.
  S 2. The executive law is amended by adding a  new  section  504-c  to
read as follows:
  S  504-C. YOUTH ADVISORY BOARDS WITHIN RESIDENTIAL FACILITIES OPERATED
BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.  1. YOUTH ADVISORY BOARDS
SHALL BE ESTABLISHED WITHIN THE OFFICE OF CHILDREN AND FAMILY  SERVICES.

A. 4427                             3

THE  COMMISSIONER  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, OR HIS
OR HER DESIGNEE, SHALL ESTABLISH YOUTH ADVISORY BOARDS WITHIN ALL  RESI-
DENTIAL  FACILITIES  OPERATED  BY  THE  OFFICE  OF  CHILDREN  AND FAMILY
SERVICES.
  2.  YOUTH  ADVISORY BOARDS SHALL ASSIST IN THE DEVELOPMENT OF POLICIES
AFFECTING YOUTH IN CARE, HAVE INPUT ON THE DELIVERY OF SERVICES PROVIDED
AT RESIDENTIAL FACILITIES, AND COMMUNICATE THEIR RECOMMENDATIONS TO  THE
COMMISSIONER,  OR  HIS  OR  HER  DESIGNEE,  AND SHALL HAVE ACCESS TO ANY
EXISTING RESOURCES NECESSARY TO COMMUNICATE SUCH RECOMMENDATIONS.  YOUTH
ADVISORY  BOARDS SHALL MEET WITH THE OMBUDSMAN ON A PERIODIC BASIS OR AT
THE SPECIFIC REQUEST OF SUCH BOARDS.  THE  OMBUDSMAN  SHALL  ACCOMMODATE
SPECIFIC  MEETING  REQUESTS  AS SOON AS PRACTICABLE AFTER RECEIVING SUCH
REQUEST OR REQUESTS.
  S 3. Subdivision 1 of section 462-c of the  social  services  law,  as
amended  by  chapter 465 of the laws of 1992, such section as renumbered
by section one of this act, is amended to read as follows:
  1. The [division for youth] OFFICE OF  CHILDREN  AND  FAMILY  SERVICES
shall exercise the enforcement powers enumerated in section four hundred
sixty-d  of  this  article  which  may  apply  to  secure and non-secure
detention facilities and to those [division for youth] OFFICE  OF  CHIL-
DREN  AND  FAMILY  SERVICES residential facilities authorized by article
nineteen-G of the executive law and those residential  facilities  oper-
ated  as  approved  runaway  programs or transitional independent living
support programs pursuant to article nineteen-H of the executive law.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law.  Effective  immediately the office of children and
family services is authorized to promulgate on an  emergency  basis  any
and  all  rules  and  regulations necessary to implement this act on its
effective date.