NY State Senate Bill 2019-S4204

Senate Bill S4204

2019-2020 Legislative Session

Provides legal assistance to youth ordered by the court into the custody of the office of children and family services and placed or committed to a state operated juvenile detention center

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to mental health and developmental disabilities
Mar 04, 2019	referred to mental health and developmental disabilities

co-Sponsors

2019-S4204 (ACTIVE) - Details

See Assembly Version of this Bill:: A1806
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§47.01 & 47.03, Ment Hyg L; add §508-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6678
2011-2012: S3074, A7649
2013-2014: S157, A1844
2015-2016: S2732, A5902
2017-2018: S2225, A6980
2021-2022: S4665, A2541
2023-2024: S5284

2019-S4204 (ACTIVE) - Summary

Provides legal assistance to youth ordered by the court into the custody of the office of children and family services and placed or committed to a state operated juvenile detention center.

2019-S4204 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4204

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the mental hygiene law and the execu-
tive law, in relation to providing legal assistance to youth ordered by
the court into the custody of the office of children and family services
and placed or committed to a state operated juvenile detention center

 
PURPOSE:

This bill expands the scope of the Mental Hygiene Legal Services (MHLS)
by directing and authorizing it to provide legal services and assistance
to youth ordered by the court into the custody of the Office of Children
and Family Services (OCFS) and placed or committed to a state operated
juvenile detention center.

 
SUMMARY OF PROVISIONS:

Sections 1 and 2 of the bill amends subdivision (a) of section 47.01 and
adds a new subdivision (d) to section 47.03 of the mental hygiene law to
expand the scope of the MHLS to include the provision of legal assist-

ance related to the retention, care and treatment to youth order by the
court into the custody of OCFS and placed or committed to a state oper-
ated juvenile detention center.

Section 3 of the bill adds a new section 508-a of the executive law
entitled "Legal Services and Assistance to youth" to provide for the
legal representation of youth in the custody of OCFS and placed or
committed to a state operated juvenile detention center by MHLS.

Section 4 of the bill provides that the bill shall take effect on the
90th day after enactment.

 
EXISTING LAW:

Article 47 of the Mental Hygiene Law establishes the Mental Hygiene
Legal Services within the Appellate Division and directs it to provide
legal services, assistance and information to patients or residents and
their families related to the admission, retention and care and treat-
ment of such persons in OMH and OMRDD licensed or operated facilities.

Article 19-G of the Executive Law includes provisions relating to the
Office of Children and Family Services and the operation of juvenile
detention facilities.

 
JUSTIFICATION:

In August, 2009 the U.S. Department of Justice wrote to Governor Pater-
son outlining the disturbing results of an investigation it had
conducted of four state operated juvenile detention centers in New York.
DOJ's findings are in two main areas. First it found that the state had
failed to protect youth, using excessive force and restraints. Second,
it found the state failed to provide mental health care and treatment.
The details of the report are very disturbing showing that restraint
techniques were routinely uncontrolled, unsafe and departed from gener-
ally accepted standards and OCFS policy. These included holding or hand-
cuffing a youths arms behind their back and then tripping them causing
the youth to fall forward on their face. The investigation detailed many
serious injuries suffered by youth and the lack of adequate oversight,
corrective action and/or accountability. It also found that youth with
mental illness were involved in a disproportionately high percentage of
restraint episodes.

NYS operates 19 juvenile justice facilities statewide with no outside
oversight. While just a few years ago the system cared for approximately
2,000 youth ages 12 to 17 who had been placed in such facilities by the
courts, today there are 546 children placed in these facilities.

The percentage of youth with mental illness diagnosis placed in juvenile
detention facilities is at least 65% and some estimate the number of
those suffering to be much higher. There are many other troubling
statistics for this population. More than half of the children are on
psychotropic medication. More than half are special education students
with an IEP. A majority of the youth have also experienced some form of
trauma in their life and have been known to the child welfare system
prior to being placed in a juvenile detention facility.

These factors combined with the appalling findings of inadequate mental
health treatment and treatment plans, insufficient substance abuse
services and improper medication management coupled with evidence of
brutal treatment for behavioral issues clearly demonstrate that some
outside oversight is needed. Mental Hygiene Legal Services is very well
suited to ensure that these children, while in the residential care of
New York State, are provided appropriate treatment and care in the
correct setting.

Mental Hygiene Legal Services, which is part of the Appellate Division,
has a long history of providing legal representation and advocacy to
individuals with mental disabilities regarding their admission,
retention and care and treatment in mental hygiene facilities. Youth
placed in the state's juvenile detention system, a majority of whom
suffer from mental disabilities, clearly require the independent over-
sight and assistance of MHLS to protect their civil rights.

This bill expands MHLS's scope to provide this much needed protection
for a small group of youth in our state who in their short lives have
often suffer many heartbreaking difficulties. This change should help to
transform our juvenile justice system from one of warehousing and
punishment into one of treatment and rehabilitation.

 
LEGISLATIVE HISTORY:

2017-18: S2225 -REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
2015-16: S.2732-Referred to Mental Health and Developmental Disabilities
2013-14: S.157-Referred to Mental Health and Developmental Disabilities

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
90 days after enactment, with provisions.

2019-S4204 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4204
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental Disabilities
 
 AN ACT to amend the  mental  hygiene  law  and  the  executive  law,  in
   relation  to  providing legal assistance to youth ordered by the court
   into the custody of the office of children  and  family  services  and
   placed or committed to a state operated juvenile detention center
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 47.01 of the mental hygiene law,
 as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
 follows:
   (a) There shall be a mental hygiene legal service of the state in each
 judicial  department.  The  service  shall  provide  legal assistance to
 patients or residents of a facility as defined in section 1.03  of  this
 chapter,  or  any  other  place or facility which is required to have an
 operating certificate pursuant to article sixteen or thirty-one of  this
 chapter,  and  to persons alleged to be in need of care and treatment in
 such facilities or places, and to persons entitled to such legal assist-
 ance as provided by article ten of this chapter.    THE  SERVICES  SHALL
 ALSO  PROVIDE  LEGAL  ASSISTANCE  TO YOUTH ORDERED BY THE COURT INTO THE
 CUSTODY OF THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  AND  PLACED  OR
 COMMITTED  TO  A  STATE  OPERATED JUVENILE DETENTION CENTER. The head of
 such service in each judicial department and such  assistants  and  such
 staff  as  may be necessary shall be appointed and may be removed by the
 presiding justice of the appellate division of the judicial  department.
 Appointments  and  transfers  to  the  service  shall  comply  with  the
 provisions of the civil service law. Standards for qualifications of the
 personnel in the service shall be established by the  presiding  justice
 of  the  appellate  division  of  the judicial department. The presiding
 justice of the appellate  division  of  the  judicial  department  shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00013-01-9

 S. 4204                             2
 
 promulgate  such  rules or regulations as may be necessary to effectuate
 the purposes of this article.
   §  2. Section 47.03 of the mental hygiene law, as added by chapter 789
 of the laws of 1985, subdivision (c) as amended by chapter  408  of  the
 laws of 1999, subdivisions (d) and (e) as amended and subdivision (f) as
 added by chapter 7 of the laws of 2007, is amended to read as follows:
 § 47.03 Functions, powers and duties of the service.
   The  mental  hygiene  legal service in each judicial department of the
 state shall perform the following duties:
   (a) To study and review the admission and retention of all patients or
 residents which shall include a review of the willingness of the patient
 or resident to remain in his or her status and the determination of  the
 facility  director  as to suitability of such status, as provided for by
 this chapter;
   (b) To inform patients or  residents  and,  in  proper  cases,  others
 interested  in  such  persons'  welfare  of procedures for admission and
 retention and of the patients' or  residents'  right  to  have  judicial
 hearing  and  review,  to  be  represented by legal counsel, and to seek
 independent medical opinion;
   (c) To provide legal services and assistance to patients or  residents
 and  their  families  related  to the admission, retention, and care and
 treatment of such persons, to provide legal services and  assistance  to
 subjects of a petition or patients subject to section 9.60 of this chap-
 ter,  and to inform patients or residents, their families and, in proper
 cases, others interested in the patients' or residents' welfare  of  the
 availability  of  other  legal  resources  which may be of assistance in
 matters not directly related to the admission, retention, and  care  and
 treatment of such patients or residents;
   (d)  TO  PROVIDE  LEGAL  SERVICES  AND ASSISTANCE TO YOUTH RESIDING IN
 JUVENILE DETENTION CENTERS AND THEIR FAMILIES RELATED TO THE  RETENTION,
 CARE  AND TREATMENT OF SUCH PERSONS, AND TO INFORM YOUTH AND THEIR FAMI-
 LIES AND IN PROPER CASES, OTHERS INTERESTED IN THE YOUTHS'  WELFARE,  OF
 THE  AVAILABILITY OF OTHER LEGAL RESOURCES WHICH MAY BE OF ASSISTANCE IN
 MATTERS NOT DIRECTLY RELATED TO THE RETENTION,  CARE  AND  TREATMENT  OF
 SUCH YOUTH;
   (E) To be granted access at any and all times to any facility or place
 or  part  thereof  described in subdivision (a) of section 47.01 of this
 article, and to all books, records  and  data  pertaining  to  any  such
 facility  or  place  deemed  necessary  for  carrying out its functions,
 powers and duties. The mental hygiene legal service may require from the
 officers or employees of such facility or place any  information  deemed
 necessary  for  the  purpose  of  carrying  out the service's functions,
 powers and duties. Information, books, records or data which are  confi-
 dential  and  any limitations on the release thereof imposed by law upon
 the party furnishing the information, books, records or data shall apply
 to  the  service.  Provided,  however,  whenever   federal   regulations
 restrict,  or  as  a  condition  of  federal aid require that a facility
 restrict the release of information contained in the clinical record  of
 a patient or client, or restrict disclosure of the identity of a patient
 or  access  to  that  patient, to a greater extent than is allowed under
 this section, the provisions of such federal law or  federal  regulation
 shall be controlling;
   [(e)]  (F)  To  initiate and take any legal action deemed necessary to
 safeguard the right of any patient [or], resident OR YOUTH to protection
 from abuse or mistreatment, which may  include  investigation  into  any

 S. 4204                             3

 such  allegations  of abuse or mistreatment of any such patient or resi-
 dent; and
   [(f)]  (G) To provide legal services and assistance in accordance with
 article ten of this chapter.
   § 3. The executive law is amended by adding a  new  section  508-a  to
 read as follows:
   §  508-A.  LEGAL SERVICES AND ASSISTANCE TO YOUTH.  IN ADDITION TO ANY
 LAW GUARDIAN, COURT APPOINTED COUNSEL OR PRIVATE  COUNSEL  A  YOUTH  MAY
 HAVE,  THE  MENTAL  HYGIENE LEGAL SERVICE IN EACH JUDICIAL DEPARTMENT OF
 THE STATE, ESTABLISHED PURSUANT TO ARTICLE  FORTY-SEVEN  OF  THE  MENTAL
 HYGIENE  LAW,  SHALL  PROVIDE LEGAL SERVICES AND ASSISTANCE TO YOUTH AND
 THEIR FAMILY RELATING TO THE RETENTION, CARE AND TREATMENT OF SUCH YOUTH
 WHEN SUCH YOUTH IS ORDERED BY THE COURT INTO THE CUSTODY OF  THE  OFFICE
 OF CHILDREN AND FAMILY SERVICES AND PLACED OR COMMITTED TO A STATE OPER-
 ATED JUVENILE DETENTION CENTER.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that the amendments to subdivision
 (c) of section 47.03 of the mental hygiene law made by  section  two  of
 this  act shall not affect the expiration and reversion of such subdivi-
 sion and shall be deemed to expire therewith. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.

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Senate Bill S4204

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Sponsored By

Kevin S. Parker