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

A. 3645                             3

  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.

A. 3645                             4

  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.