S T A T E O F N E W Y O R K
________________________________________________________________________
3645
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. SCARBOROUGH, ROBINSON, O'DONNELL, JAFFEE, BARRON
-- Multi-Sponsored by -- M. of A. CLARK, GLICK, KELLNER, MILLMAN,
PHEFFER -- read once and referred to the Committee on Children and
Families
AN ACT to amend the executive law, in relation to enacting the "SAFETY
act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "SAFETY act".
S 2. Article 19-G of the executive law is amended by adding a new
title 5 to read as follows:
TITLE 5
SAFE AND FAIR EQUAL TREATMENT FOR YOUTH (SAFETY) ACT
SECTION 531-A. LEGISLATIVE INTENT.
531-B. DEFINITIONS.
531-C. DISCRIMINATION AND HARASSMENT PROHIBITED.
531-D. POLICIES AND GUIDELINES.
531-E. COMMISSIONER'S RESPONSIBILITIES.
531-F. REPORTING BY COMMISSIONER.
531-G. PROTECTION OF PEOPLE WHO REPORT DISCRIMINATION OR HARASS-
MENT.
531-H. APPLICATION.
531-I. SEVERABILITY AND CONSTRUCTION.
S 531-A. LEGISLATIVE INTENT. THE LEGISLATURE FINDS THAT YOUTH ARE
PLACED WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ORDER TO
PROVIDE THOSE YOUTH THE OPPORTUNITY FOR REHABILITATION. SUCH AN OPPORTU-
NITY INCLUDES THE PROVISION OF EDUCATIONAL, THERAPEUTIC, AND OTHER
NECESSARY SERVICES TO ENSURE THAT THESE YOUTH CAN BECOME SUCCESSFUL AND
PRODUCTIVE MEMBERS OF THEIR COMMUNITIES. THE LEGISLATURE FINDS THAT A
YOUTH'S OPPORTUNITY FOR REHABILITATION AND ABILITY TO LEARN AND MEET
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD04467-01-9
A. 3645 2
HIGH STANDARDS OF BEHAVIOR AND ACADEMIC ACHIEVEMENT ARE COMPROMISED BY
INCIDENTS OF DISCRIMINATION AND HARASSMENT. IT IS HEREBY DECLARED TO BE
THE POLICY OF THE STATE TO AFFORD ALL YOUTH IN FACILITIES OPERATED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES AN ENVIRONMENT FREE OF
DISCRIMINATION AND HARASSMENT BASED ON ACTUAL OR PERCEIVED RACE, COLOR,
NATIONAL ORIGIN, ETHNIC GROUP, RELIGION, RELIGIOUS PRACTICE, DISABILITY,
SEXUAL ORIENTATION, GENDER, OR SEX. THE PURPOSE OF THIS TITLE IS TO
FOSTER CIVILITY IN FACILITIES OPERATED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES AND TO PREVENT AND PROHIBIT CONDUCT WHICH PLACES ANY
YOUTH'S OPPORTUNITY FOR REHABILITATION IN JEOPARDY.
S 531-B. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "DISABILITY" SHALL MEAN DISABILITY AS DEFINED IN SUBDIVISION TWEN-
TY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THIS CHAPTER.
2. "EMPLOYEE" SHALL MEAN EMPLOYEE OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES.
3. "FACILITY" SHALL MEAN A RESIDENTIAL FACILITY OPERATED BY THE OFFICE
OF CHILDREN AND FAMILY SERVICES.
4. "GENDER" SHALL MEAN ACTUAL OR PERCEIVED SEX AND SHALL INCLUDE A
PERSON'S GENDER IDENTITY OR EXPRESSION.
5. "HARASSMENT" SHALL MEAN THE CREATION OF A HOSTILE ENVIRONMENT BY
CONDUCT OR BY VERBAL THREATS, INTIMIDATION OR ABUSE, INCLUDING CONDUCT,
VERBAL THREATS, INTIMIDATION OR ABUSE BASED ON A PERSON'S ACTUAL OR
PERCEIVED RACE, COLOR, NATIONAL ORIGIN, ETHNIC GROUP, RELIGION, RELI-
GIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, GENDER OR SEX, THAT HAS
OR WOULD HAVE THE EFFECT OF UNREASONABLY AND SUBSTANTIALLY INTERFERING
WITH A YOUTH'S OPPORTUNITY FOR REHABILITATION, EDUCATIONAL PERFORMANCE,
OPPORTUNITIES OR BENEFITS, OR MENTAL, EMOTIONAL OR PHYSICAL WELL-BEING;
OR CONDUCT, VERBAL THREATS, INTIMIDATION OR ABUSE THAT REASONABLY CAUSES
OR WOULD REASONABLY BE EXPECTED TO CAUSE A YOUTH TO FEAR FOR HIS OR HER
PHYSICAL SAFETY.
6. "PROGRAM" SHALL MEAN ANY PROGRAM OPERATED BY THE OFFICE OF CHILDREN
AND FAMILY SERVICES AS A REHABILITATIVE SERVICE FOR YOUTH WHO HAVE BEEN
ADJUDICATED DELINQUENT PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT
OR A PERSON IN NEED OF SUPERVISION PURSUANT TO ARTICLE SEVEN OF THE
FAMILY COURT ACT.
S 531-C. DISCRIMINATION AND HARASSMENT PROHIBITED. 1. NO YOUTH SHALL
BE SUBJECTED TO HARASSMENT BY EMPLOYEES OF FACILITIES OR PROGRAMS; NOR
SHALL ANY YOUTH BE SUBJECTED TO DISCRIMINATION BASED ON THAT YOUTH'S
ACTUAL OR PERCEIVED RACE, COLOR, NATIONAL ORIGIN, ETHNIC GROUP, RELI-
GION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, GENDER, OR SEX
BY FACILITY OR PROGRAM EMPLOYEES OR YOUTH IN A FACILITY OR DURING
PARTICIPATION IN A PROGRAM.
2. AN AGE-APPROPRIATE VERSION OF THE POLICY OUTLINED IN SUBDIVISION
ONE OF THIS SECTION, WRITTEN IN PLAIN-LANGUAGE, SHALL BE PRESENTED TO
EACH YOUTH UPON HIS OR HER ORIENTATION TO ANY FACILITY OR PROGRAM.
S 531-D. POLICIES AND GUIDELINES. THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL CREATE POLICIES AND GUIDELINES THAT SHALL INCLUDE, BUT
NOT BE LIMITED TO:
1. POLICIES INTENDED TO CREATE A FACILITY AND PROGRAM ENVIRONMENT THAT
IS FREE FROM DISCRIMINATION OR HARASSMENT;
2. GUIDELINES TO BE USED IN FACILITY AND PROGRAM TRAINING CURRICULUMS
TO DISCOURAGE THE DEVELOPMENT OF DISCRIMINATION OR HARASSMENT AND THAT
ARE DESIGNED:
A. TO RAISE THE AWARENESS AND SENSITIVITY OF FACILITY AND PROGRAM
EMPLOYEES TO POTENTIAL DISCRIMINATION OR HARASSMENT, AND
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B. TO ENABLE FACILITY AND PROGRAM EMPLOYEES TO PREVENT AND RESPOND
APPROPRIATELY TO DISCRIMINATION OR HARASSMENT; AND
3. GUIDELINES RELATING TO THE DEVELOPMENT OF NONDISCRIMINATORY
INSTRUCTIONAL AND COUNSELING METHODS, AND REQUIRING THAT AT LEAST ONE
STAFF MEMBER AT EVERY FACILITY AND PROGRAM BE THOROUGHLY TRAINED TO
HANDLE HUMAN RELATIONS IN THE AREAS OF RACE, COLOR, NATIONAL ORIGIN,
ETHNIC GROUP, RELIGION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIEN-
TATION, GENDER, AND SEX.
S 531-E. COMMISSIONER'S RESPONSIBILITIES. THE COMMISSIONER SHALL:
1. DEVELOP MODEL POLICIES AND, TO THE EXTENT POSSIBLE, DIRECT
SERVICES, TO FACILITIES AND PROGRAMS RELATED TO PREVENTING DISCRIMI-
NATION AND HARASSMENT AND TO FOSTERING AN ENVIRONMENT IN EVERY FACILITY
AND PROGRAM WHERE ALL YOUTH CAN LIVE, LEARN AND REFORM IN A SAFE AND
SUPPORTIVE ENVIRONMENT FREE OF MANIFESTATIONS OF BIAS;
2. PROMULGATE REGULATIONS TO ASSIST FACILITIES AND PROGRAMS IN IMPLE-
MENTING THIS TITLE INCLUDING, BUT NOT LIMITED TO, REGULATIONS TO ASSIST
FACILITIES AND PROGRAMS IN DEVELOPING MEASURED, BALANCED, AND AGE-APPRO-
PRIATE RESPONSES TO VIOLATIONS OF THIS POLICY, WITH REMEDIES AND PROCE-
DURES FOCUSING ON INTERVENTION AND THE CREATION OF A SAFE AND SUPPORTIVE
REHABILITATIVE ENVIRONMENT.
S 531-F. REPORTING BY COMMISSIONER. THE COMMISSIONER SHALL CREATE A
PROCEDURE UNDER WHICH MATERIAL INCIDENTS OF DISCRIMINATION AND HARASS-
MENT IN FACILITIES OR PROGRAMS ARE REPORTED TO THE OFFICE OF CHILDREN
AND FAMILY SERVICES ON AN ANNUAL BASIS. SUCH PROCEDURE SHALL PROVIDE
THAT SUCH REPORTS SHALL, WHEREVER POSSIBLE, ALSO DELINEATE THE SPECIFIC
NATURE OF SUCH INCIDENTS OF DISCRIMINATION OR HARASSMENT PROVIDED THAT
SUCH DETAILS SHALL INCLUDE ONLY NON-CLIENT IDENTIFYING INFORMATION.
S 531-G. PROTECTION OF PEOPLE WHO REPORT DISCRIMINATION OR HARASSMENT.
ANY PERSON HAVING REASONABLE CAUSE TO SUSPECT THAT A YOUTH HAS BEEN
SUBJECTED TO DISCRIMINATION OR HARASSMENT IN A FACILITY OR PROGRAM, WHO,
ACTING REASONABLY AND IN GOOD FAITH, EITHER REPORTS SUCH INFORMATION TO
FACILITY OR PROGRAM OFFICIALS, TO THE COMMISSIONER OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES, OR TO LAW ENFORCEMENT AUTHORITIES OR
OTHERWISE INITIATES, TESTIFIES, PARTICIPATES OR ASSISTS IN ANY FORMAL OR
INFORMAL PROCEEDINGS UNDER THIS TITLE, SHALL HAVE IMMUNITY FROM ANY
CIVIL LIABILITY THAT MAY ARISE FROM THE MAKING OF SUCH REPORT OR FROM
INITIATING, TESTIFYING, PARTICIPATING OR ASSISTING IN SUCH FORMAL OR
INFORMAL PROCEEDINGS, AND NO FACILITY OR PROGRAM EMPLOYEE SHALL TAKE,
REQUEST OR CAUSE A RETALIATORY ACTION AGAINST ANY SUCH PERSON WHO,
ACTING REASONABLY AND IN GOOD FAITH, EITHER MAKES SUCH A REPORT OR
INITIATES, TESTIFIES, PARTICIPATES OR ASSISTS IN SUCH FORMAL OR INFORMAL
PROCEEDINGS.
S 531-H. APPLICATION. NOTHING IN THIS TITLE SHALL PRECLUDE OR LIMIT
ANY RIGHT OR CAUSE OF ACTION PROVIDED UNDER ANY LOCAL, STATE OR FEDERAL
ORDINANCE, LAW OR REGULATION INCLUDING BUT NOT LIMITED TO ANY REMEDIES
OR RIGHTS AVAILABLE UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION
ACT, TITLE VII OF THE CIVIL RIGHTS LAW OF 1964, SECTION 504 OF THE REHA-
BILITATION ACT OF 1973 OR THE AMERICANS WITH DISABILITIES ACT OF 1990.
S 531-I. SEVERABILITY AND CONSTRUCTION. THE PROVISIONS OF THIS TITLE
SHALL BE SEVERABLE, AND IF ANY COURT OF COMPETENT JURISDICTION DECLARES
ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS TITLE TO BE INVALID,
OR ITS APPLICABILITY TO ANY GOVERNMENT AGENCY, PERSON OR CIRCUMSTANCE IS
DECLARED INVALID, THE REMAINDER OF THIS TITLE AND ITS RELEVANT APPLICA-
BILITY SHALL NOT BE AFFECTED. THE PROVISIONS OF THIS TITLE SHALL BE
LIBERALLY CONSTRUED TO GIVE EFFECT TO THE PURPOSES THEREOF.
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S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law, except that any rules or regulations neces-
sary for the timely implementation of this act on its effective date
shall be promulgated on or before such date.