S T A T E O F N E W Y O R K
________________________________________________________________________
3472--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
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Introduced by M. of A. SCARBOROUGH, COOK, BRADLEY, JAFFEE, TITUS,
P. RIVERA, MILLMAN, SCHROEDER, ESPAILLAT, CARROZZA, WRIGHT, ROBINSON,
N. RIVERA -- Multi-Sponsored by -- M. of A. BENEDETTO, BOYLAND,
BROOK-KRASNY, GLICK, HYER-SPENCER, MAISEL, McENENY, PHEFFER, REILLY,
J. RIVERA, SWEENEY, TOWNS, WEISENBERG -- read once and referred to the
Committee on Children and Families -- reported and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04454-03-9
A. 3472--A 2
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
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:
A. 3472--A 3
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.
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.