Assembly Bill A10052

2015-2016 Legislative Session

Relates to residential programs for children

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2015-A10052 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Social Services Law
Laws Affected:
Ren §462-b to be §462-c, add §462-b, Soc Serv L; add §504-c, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A809
2019-2020: A525
2021-2022: A1486

2015-A10052 (ACTIVE) - Summary

Relates to residential programs for children.

2015-A10052 (ACTIVE) - Bill Text download pdf

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

                                  10052

                          I N  A S S E M B L Y

                               May 6, 2016
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Children and Families

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 SUBDIVISION ELEVEN OF SECTION FOUR  HUNDRED  EIGHTY-EIGHT  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;
  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,

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

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