Senate Bill S1353

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

                                 1353--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sens.  DUANE, PERKINS -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Children  and
  Families  --  committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the social services  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-d and two new sections 462-b and 462-c are added to read as
follows:
  S 462-B. RIGHTS OF YOUTH IN DETENTION AND RESIDENTIAL CARE.  IN  ORDER
TO ENSURE THAT RESIDENTS OF FACILITIES OR PROGRAMS OPERATED, 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:
  1.  A  SAFE,  SANITARY  AND  NURTURING ENVIRONMENT FREE FROM ABUSE AND
MISTREATMENT BY EMPLOYEES AND OTHER RESIDENTS OF THE FACILITY  OR  RESI-
DENCE;
  2. AN INDIVIDUAL TREATMENT PLAN DESIGNED WITH THE ACTIVE PARTICIPATION
OF THE YOUTH, TO THE EXTENT POSSIBLE AND CLINICALLY APPROPRIATE, AND THE
PARENT OR GUARDIAN;
  3.  NOT BE DEPRIVED OF ANY OF THE FOLLOWING AS A DISCIPLINARY MEASURE:
FOOD, WATER, SLEEP, EXERCISE, EDUCATION, BEDDING, A DAILY SHOWER, WATER,
A TOILET, MEDICAL SERVICES,  READING  MATERIAL,  CONTACT  WITH  PARENTS,
GUARDIANS,  OR  ATTORNEYS, OR THE RIGHT TO SEND AND RECEIVE MAIL, EXCEPT
IN THE EVENT THE SENDING OR RECEIPT OF MAIL POSES A SAFETY THREAT TO THE
YOUTH OR OTHERS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01465-02-9
              

S. 1353--A                          2

  4. BE FREE FROM PHYSICAL RESTRAINT AND SECLUSION, EXCEPT AS  OTHERWISE
AUTHORIZED BY LAW AND REGULATION;
  5. RECEIVE ADEQUATE AND APPROPRIATE MEDICAL, DENTAL, VISION AND MENTAL
HEALTH  SERVICES WHICH SHALL INCLUDE A SAFE MEDICATION PRESCRIBING PRAC-
TICE, INCLUDING THE  PROVISION  OF  INFORMATION  ABOUT  MEDICATIONS  AND
SUBJECT  TO  THE  PROVISIONS  OF SUBDIVISION (E) OF SECTION 33.21 OF THE
MENTAL HYGIENE LAW, CONSENT FOR PSYCHOTROPIC MEDICATION FROM THE  PARENT
OR PARENTS;
  6.  COMMUNICATE  THROUGH LETTERS, PHONE CALLS AND VISITS WITH A PARENT
OR PARENTS, OTHER FAMILY MEMBERS, GUARDIANS OR OTHER  SIGNIFICANT  INDI-
VIDUALS,  ABSENT  LEGAL OR CLINICAL IMPEDIMENTS WHICH MUST BE DOCUMENTED
IN THE YOUTH'S CASE RECORD;
  7. MAKE AND RECEIVE CONFIDENTIAL TELEPHONE  CALLS,  SEND  AND  RECEIVE
CONFIDENTIAL   MAIL,   AND  HAVE  CONFIDENTIAL  VISITS  WITH  ATTORNEYS,
OMBUDSPERSONS,  JUDGES,  RELIGIOUS  AND  SPIRITUAL  ADVISERS  AND  THEIR
AUTHORIZED REPRESENTATIVES, AND LEGAL SERVICE ORGANIZATIONS;
  8. EXPRESS GRIEVANCES, CONCERNS AND SUGGESTIONS TO STAFF OF THE FACIL-
ITY OR THE OMBUDSPERSON, WITHOUT FEAR OF RETRIBUTION;
  9.  HAVE  ACCESS  TO  MEANINGFUL RECREATIONAL ACTIVITIES AND COMMUNITY
PROGRAMS INCLUDING DAILY OUTDOOR OR EXERCISE ACTIVITIES UNLESS THERE ARE
LEGAL OR CLINICAL IMPEDIMENTS WHICH SHALL BE DOCUMENTED IN  THE  YOUTH'S
CASE RECORD;
  10. PARTICIPATE IN RELIGIOUS ACTIVITIES;
  11.  HAVE  AND  DISPLAY  PHOTOGRAPHS  OF  FRIENDS  AND FAMILY IN THEIR
PERSONAL LIVING SPACE;
  12. RECEIVE AN APPROPRIATE EDUCATION IN THE LEAST RESTRICTIVE ENVIRON-
MENT;
  13. BE FREE OF HARASSMENT FROM EMPLOYEES OR  YOUTH  IN  FACILITIES  OR
PROGRAMS;
  14.  BE  CALLED  BY THE NAME OF THEIR CHOOSING, EXCEPT IN THE EVENT IT
POSES A SAFETY THREAT;
  15. EXPRESS THEIR GENDER IDENTITY  THROUGH  APPROPRIATE  UNDERGARMENTS
AND HAIR STYLE;
  16.  BE  FREE  FROM  BEING  SUBJECTED  TO  DISCRIMINATION BASED ON THE
YOUTH'S ACTUAL OR PERCEIVED RACE, COLOR, NATIONAL ORIGIN, ETHNIC  GROUP,
RELIGION,  RELIGIOUS  PRACTICE,  DISABILITY, SEXUAL ORIENTATION, GENDER,
GENDER IDENTITY OR SEX BY EMPLOYEES OR YOUTH IN FACILITIES OR  PROGRAMS;
AND
  17. 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.
  S 462-C. YOUTH ADVISORY BOARD.  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 SHALL APPOINT
A DESIGNEE, WHO SHALL ESTABLISH YOUTH  ADVISORY  BOARDS  WITHIN  SECURE,
NON-SECURE  DETENTION  FACILITIES AND RESIDENTIAL FACILITIES OPERATED AS
APPROVED TRANSITIONAL INDEPENDENT LIVING SUPPORT  PROGRAMS  PURSUANT  TO
ARTICLE NINETEEN-H OF THE EXECUTIVE LAW.
  2.  YOUTH  ADVISORY BOARDS SHALL ASSIST IN THE DEVELOPMENT OF POLICIES
AFFECTING YOUTH IN CARE; HAVE INPUT ON THE DELIVERY OF SERVICES PROVIDED
AT DETENTION AND RESIDENTIAL FACILITIES, AND COMMUNICATE THEIR RECOMMEN-
DATIONS TO SUCH COMMISSIONER'S DESIGNEE.  YOUTH  ADVISORY  BOARDS  SHALL
MEET  WITH  THE  OMBUDSPERSON  WITHIN SUCH OFFICE ONCE A MONTH TO CONVEY
THEIR CONCERNS AND SUGGESTIONS FOR IMPROVEMENT AS IT  RELATES  TO  THEIR
CARE.

S. 1353--A                          3

  S  2.  Subdivision  1  of section 462-d 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 3. This act shall take effect immediately.