NY State Senate Bill 2009-S5159

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 06, 2010	referred to mental health and developmental disabilities
Apr 27, 2009	referred to mental health and developmental disabilities

2009-S5159 (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §33.19, Ment Hyg L; add §462-c, Soc Serv L; add §4411, Ed L

2009-S5159 (ACTIVE) - Summary

Establishes a bill of rights for children in residential care in facilities operated by various state agencies including mental health, social services and the division for youth, to assure that all children will receive appropriate care and treatment including the right to be free from abuse, to have an individualized treatment plan, to receive safe medication and communication with family members, to recreation, religious freedom and to an appropriate education.

2009-S5159 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5159

 TITLE OF BILL :  An act to amend the mental hygiene law, the social
services law and the education law, in relation to establishing a bill
of rights for children in residential care


 PURPOSE :  This bill will establish a bill of rights for children in
residential care to assure that all children will receive appropriate
care and treatment.

 SUMMARY OF PROVISIONS :  This bill establishes a bill of rights for
children in residential care.  The Commissioners of OMH, OMRDD, SED
and Office of Children and Family Services must promulgate rules and
regulations to ensure the rights of children in their respective
residential care facilities. The regulations would include, but not be
limited to:

-the right to a safe environment;

-the right to an individualized service plan, designed when possible
with the participation of the child and parents;

-the right to be free from physical restraint and seclusion except in
certain circumstances;

-the right to safe, informed medication practices in applicable
service environments;

-the right to communicate through letters, phone calls and visits with
family and other significant individuals, absent documented legal or
clinical impediments;

-the right to meaningful recreational activities, unless there are
documented legal or clinical impediments;

-the right to express grievances, concerns, and suggestions without
fear of retribution;

-the right to participate in religious activities;

-the right to receive an appropriate education in the least
restrictive environment; and

-that the child's rights shall not be limited as punishment, for
convenience or made contingent as a part of the service plan.

 JUSTIFICATION :  As noted in the report entitled

NEW YORK STATE RESIDENTIAL SERVICES FOR CHILDREN WITH EMOTIONAL
PROBLEMS: A CALL FOR REFORM:, children placed in such residential
programs are often moved from the mental health system to foster care
and/or juvenile justice system. Although these children move across
service systems, it is clear that the basic needs and rights of these
children remain constant.

In order to address some of the fundamental problems identified by the
Commission with the State's various child care delivery systems, this
bill would establish a clear and consistent set of principles to guide
the care and treatment of all children placed out-of-home. As a
result, this bill would extend critical protection to some of our most
vulnerable citizens - children behind the walls of residential care
programs.

 LEGISLATIVE HISTORY :  2008 S.924/Referred to Mental Health and
Developmental Disabilities
2007 S.924/Passed Senate
2006 S.4542/Passed Senate
2004 S.4057/Vetoed by the Governor

 FISCAL IMPLICATIONS : None

 EFFECTIVE DATE : The first of January after enactment.

2009-S5159 (ACTIVE) - Bill Text download pdf

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

                                  5159

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- 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, the social services law and  the
  education  law, in relation to establishing a bill of rights for chil-
  dren in residential care

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The mental hygiene law is amended by adding a new section
33.19 to read as follows:
S 33.19 RIGHTS OF CHILDREN IN RESIDENTIAL CARE.
  (A) IN ORDER TO ENSURE THAT CHILDREN PLACED  IN  RESIDENTIAL  PROGRAMS
OPERATED  OR LICENSED BY THE OFFICE OF MENTAL HEALTH OR OFFICE OF MENTAL
RETARDATION AND DEVELOPMENTAL DISABILITIES ARE ASSURED APPROPRIATE CARE,
THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH AND THE COMMISSIONER  OF
THE  OFFICE  OF  MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES SHALL
PROMULGATE REGULATIONS REGARDING RIGHTS OF SUCH CHILDREN IN  RESIDENTIAL
CARE. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:
  1.  THE  RIGHT  TO  A  SAFE, NURTURING ENVIRONMENT FREE FROM ABUSE AND
MISTREATMENT BY EMPLOYEES AND OTHER RESIDENTS OF THE FACILITY;
  2. THE RIGHT TO AN INDIVIDUALIZED PLAN OF TREATMENT SERVICES  DESIGNED
WITH  THE  ACTIVE PARTICIPATION OF THE CHILD, TO THE EXTENT POSSIBLE AND
CLINICALLY APPROPRIATE, AND THE PARENT OR GUARDIAN;
  3. THE RIGHT TO BE FREE FROM PHYSICAL RESTRAINT AND SECLUSION,  EXCEPT
AS  OTHERWISE  AUTHORIZED  BY  LAW  OR REGULATION, PROVIDED, HOWEVER, NO
MECHANICAL RESTRAINT OR SECLUSION MAY BE USED  IF  THE  CHILD  IS  UNDER
TWELVE YEARS OF AGE;
  4.  THE  RIGHT TO SAFE MEDICATION PRESCRIBING PRACTICES, INCLUDING THE
PROVISION  OF  INFORMATION  ABOUT  MEDICATIONS  AND,  SUBJECT   TO   THE
PROVISIONS  OF SUBDIVISION (E) OF SECTION 33.21 OF THIS ARTICLE, CONSENT
FOR PSYCHOTROPIC MEDICATIONS FROM THE PARENT OR GUARDIAN;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09054-01-9

S. 5159                             2

  5. THE RIGHT TO COMMUNICATE THROUGH LETTERS, PHONE  CALLS  AND  VISITS
WITH PARENT OR PARENTS, OTHER FAMILY MEMBERS, GUARDIANS OR OTHER SIGNIF-
ICANT  INDIVIDUALS,  ABSENT  LEGAL OR CLINICAL IMPEDIMENTS WHICH MUST BE
DOCUMENTED IN THE CASE RECORD OF SUCH CHILD;
  6. THE RIGHT TO ACCESS MEANINGFUL RECREATIONAL ACTIVITIES AND COMMUNI-
TY  PROGRAMS INCLUDING DAILY OUTDOOR OR EXERCISE ACTIVITIES UNLESS THERE
ARE LEGAL OR CLINICAL IMPEDIMENTS WHICH SHALL BE DOCUMENTED IN THE  CASE
RECORD OF THE CHILD;
  7.  THE  RIGHT  TO EXPRESS GRIEVANCES, CONCERNS AND SUGGESTIONS AND TO
COMMUNICATE WITH THE MENTAL HYGIENE LEGAL SERVICE, COMMISSION ON QUALITY
OF CARE FOR THE MENTALLY  DISABLED,  AND  THE  PROTECTION  AND  ADVOCACY
PROGRAMS ADMINISTERED BY SUCH COMMISSION WITHOUT FEAR OF RETRIBUTION;
  8. THE RIGHT TO PARTICIPATE IN RELIGIOUS ACTIVITIES; AND
  9. THE RIGHT TO RECEIVE AN APPROPRIATE EDUCATION IN THE LEAST RESTRIC-
TIVE ENVIRONMENT.
  (B)  THE  FOREGOING RIGHTS MAY NOT BE LIMITED AS A PUNISHMENT, FOR THE
CONVENIENCE OF STAFF, OR MADE CONTINGENT AS PART OF  A  TREATMENT  PLAN.
THE  COMMISSIONERS AND FACILITY DIRECTOR OR CHIEF ADMINISTRATIVE OFFICER
OF ANY SUCH RESIDENTIAL PROGRAM SHALL ENSURE  THAT  CHILDREN  AND  THEIR
PARENTS OR GUARDIANS ARE INFORMED OF SUCH RIGHTS.
  S  2. The social services law is amended by adding a new section 462-c
to read as follows:
  S 462-C. RIGHTS OF CHILDREN IN RESIDENTIAL CARE. 1. IN ORDER TO ENSURE
THAT CHILDREN PLACED  IN  RESIDENTIAL  PROGRAMS  OPERATED,  LICENSED  OR
CERTIFIED  BY  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES ARE ASSURED
APPROPRIATE CARE, THE COMMISSIONER OF SUCH OFFICE SHALL PROMULGATE RULES
AND REGULATIONS REGARDING THE RIGHTS OF  SUCH  CHILDREN  IN  RESIDENTIAL
CARE. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  THE  RIGHT  TO  A SAFE, NURTURING ENVIRONMENT FREE FROM ABUSE AND
MISTREATMENT BY EMPLOYEES AND OTHER RESIDENTS OF THE FACILITY;
  (B) THE RIGHT TO AN INDIVIDUALIZED PLAN OF TREATMENT SERVICES DESIGNED
WITH THE ACTIVE PARTICIPATION OF THE CHILD, TO THE EXTENT  POSSIBLE  AND
CLINICALLY APPROPRIATE, AND THE PARENT OR GUARDIAN;
  (C) THE RIGHT TO BE FREE FROM PHYSICAL RESTRAINT AND SECLUSION, EXCEPT
AS  OTHERWISE  AUTHORIZED  BY  LAW  OR REGULATION, PROVIDED, HOWEVER, NO
MECHANICAL RESTRAINT OR SECLUSION MAY BE USED  IF  THE  CHILD  IS  UNDER
TWELVE YEARS OF AGE;
  (D)  THE RIGHT TO SAFE MEDICATION PRESCRIBING PRACTICES, 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 MEDICATIONS FROM THE PARENT OR GUARDIAN;
  (E) THE RIGHT TO COMMUNICATE THROUGH LETTERS, PHONE CALLS  AND  VISITS
WITH PARENT OR PARENTS, OTHER FAMILY MEMBERS, GUARDIANS OR OTHER SIGNIF-
ICANT  INDIVIDUALS,  ABSENT  LEGAL OR CLINICAL IMPEDIMENTS WHICH MUST BE
DOCUMENTED IN THE CASE RECORD OF SUCH CHILD;
  (F) THE RIGHT TO ACCESS MEANINGFUL RECREATIONAL ACTIVITIES AND  COMMU-
NITY  PROGRAMS  INCLUDING  DAILY  OUTDOOR  OR EXERCISE ACTIVITIES UNLESS
THERE ARE LEGAL OR CLINICAL IMPEDIMENTS WHICH SHALL BE DOCUMENTED IN THE
CASE RECORD OF THE CHILD;
  (G) THE RIGHT TO EXPRESS GRIEVANCES, CONCERNS AND SUGGESTIONS  WITHOUT
FEAR OF RETRIBUTION;
  (H) THE RIGHT TO PARTICIPATE IN RELIGIOUS ACTIVITIES; AND
  (I)  THE  RIGHT  TO  RECEIVE  AN  APPROPRIATE  EDUCATION  IN THE LEAST
RESTRICTIVE ENVIRONMENT.
  2. THE FOREGOING RIGHTS MAY NOT BE LIMITED AS A  PUNISHMENT,  FOR  THE
CONVENIENCE  OF  STAFF,  OR MADE CONTINGENT AS PART OF A TREATMENT PLAN.

S. 5159                             3

THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES AND CHIEF
ADMINISTRATIVE OFFICER OF ANY SUCH RESIDENTIAL PROGRAM SHALL ENSURE THAT
CHILDREN AND THEIR PARENTS OR GUARDIANS ARE INFORMED OF SUCH RIGHTS.
  S 3. The education law is amended by adding a new section 4411 to read
as follows:
  S  4411. RIGHTS OF CHILDREN IN RESIDENTIAL CARE. 1. IN ORDER TO ENSURE
THAT CHILDREN PLACED IN RESIDENTIAL PROGRAMS OPERATED OR APPROVED BY THE
DEPARTMENT ARE ASSURED APPROPRIATE CARE, THE COMMISSIONER SHALL  PROMUL-
GATE  RULES  AND  REGULATIONS  REGARDING  THE RIGHTS OF SUCH CHILDREN IN
RESIDENTIAL CARE. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:
  A. THE RIGHT TO A SAFE, NURTURING  ENVIRONMENT  FREE  FROM  ABUSE  AND
MISTREATMENT BY EMPLOYEES AND OTHER RESIDENTS OF THE FACILITY;
  B.  THE RIGHT TO AN INDIVIDUALIZED EDUCATION PROGRAM DESIGNED WITH THE
ACTIVE PARTICIPATION OF THE CHILD, TO THE EXTENT POSSIBLE AND CLINICALLY
APPROPRIATE, AND THE PARENT OR GUARDIAN;
  C. THE RIGHT TO BE FREE FROM PHYSICAL RESTRAINT AND SECLUSION,  EXCEPT
AS  OTHERWISE  AUTHORIZED  BY  LAW  OR REGULATION, PROVIDED, HOWEVER, NO
MECHANICAL RESTRAINT OR SECLUSION MAY BE USED  IF  THE  CHILD  IS  UNDER
TWELVE YEARS OF AGE;
  D.  THE  RIGHT TO SAFE MEDICATION PRESCRIBING PRACTICES, 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 MEDICATIONS FROM THE PARENT OR GUARDIAN;
  E. THE RIGHT TO COMMUNICATE THROUGH LETTERS, PHONE  CALLS  AND  VISITS
WITH PARENT OR PARENTS, OTHER FAMILY MEMBERS, GUARDIANS OR OTHER SIGNIF-
ICANT  INDIVIDUALS,  ABSENT  LEGAL OR CLINICAL IMPEDIMENTS WHICH MUST BE
DOCUMENTED IN THE CASE RECORD OF SUCH CHILD;
  F. THE RIGHT TO ACCESS MEANINGFUL RECREATIONAL ACTIVITIES AND COMMUNI-
TY PROGRAMS INCLUDING DAILY OUTDOOR OR EXERCISE ACTIVITIES UNLESS  THERE
ARE  LEGAL OR CLINICAL IMPEDIMENTS WHICH SHALL BE DOCUMENTED IN THE CASE
RECORD OF THE CHILD;
  G. THE RIGHT TO EXPRESS GRIEVANCES, CONCERNS AND  SUGGESTIONS  WITHOUT
FEAR OF RETRIBUTION;
  H. THE RIGHT TO PARTICIPATE IN RELIGIOUS ACTIVITIES; AND
  I. THE RIGHT TO RECEIVE AN APPROPRIATE EDUCATION IN THE LEAST RESTRIC-
TIVE ENVIRONMENT.
  2.  THE  FOREGOING  RIGHTS MAY NOT BE LIMITED AS A PUNISHMENT, FOR THE
CONVENIENCE OF STAFF, OR MADE CONTINGENT AS PART  OF  AN  INDIVIDUALIZED
EDUCATION PROGRAM. THE COMMISSIONER AND DIRECTOR OR CHIEF ADMINISTRATIVE
OFFICER  OF  ANY SUCH RESIDENTIAL PROGRAM SHALL ENSURE THAT CHILDREN AND
THEIR PARENTS OR GUARDIANS ARE INFORMED OF SUCH RIGHTS.
  S 4.  This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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Senate Bill S5159

Sponsored By

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

2009-S5159 (ACTIVE) - Details

2009-S5159 (ACTIVE) - Summary

2009-S5159 (ACTIVE) - Sponsor Memo

2009-S5159 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5159

Share this bill

Sponsored By

Thomas P. Morahan

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

2009-S5159 (ACTIVE) - Details

2009-S5159 (ACTIVE) - Summary

2009-S5159 (ACTIVE) - Sponsor Memo

2009-S5159 (ACTIVE) - Bill Text download pdf

Comments