BILL NUMBER: S5463

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing the peer
advocacy and mentoring program

 
PURPOSE:

This bill directs the Office of Children and Family Services, in consul-
tation with the Office of Mental Health, to contract for the establish-
ment of a peer advocacy and mentoring program designed to provide
support for youth in residential facilities operated or licensed by the
department.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 522-a to the executive law
directing OCFS within amounts appropriated to establish a Peer Advocacy
and Mentoring Program through contract with a not-for-profit
              

organization(s) specializing Providing peer support and advocacy to
youth. Services would be provided to youth residing in residential care
licensed or operated by OCFS or OMH, as well as those youth transition-
ing or preparing to transition out of such placements, but priority
would be given to services for youth placed or committed to state oper-
ated secure, limited-secure and non-secure juvenile detention facilities
and other residential facilities licensed to care for court placed
youth. This section sets out who can serve as peer advocates and
mentors, the access they shall have to youth in residential care and to
other offices designed to assist youth.

Section 2 provides that the bill shall take effect on the 90th day after
enactment.

 
JUSTIFICATION:

New York State licenses and operates various residential care facilities
and homes for youth including foster care, residential treatment and
juvenile justice. The support of peers, or individuals who have had
similar residential experiences, are valuable for people in all areas
and youth peer supports are no exception. Youth in residential care have
often experienced various traumas in their young lives and associate
some of those traumas with the adults in authority who are making deci-
sions on their behalf.

Youth who have experienced similar settings and hardships only to navi-
gate their lives in a positive way are uniquely equipped to gain the
trust and serve as a role model for youth in care. Peer advocates would
be between the ages of 16 and 30, have resided in a state operated or
licensed residential Placement as a youth and have completed training
approved by the Commissioners. The peer advocacy and mentoring program
would serve as an outside, independent advocate for youth Placed in OCFS
operated or licensed residential care to help ensure their Tights are
protected and they have positive role models as they heal wounds and
prepare to transition back into the community.

Given the recently revealed disturbing results of a 2007 US Department
of Justice investigation of four OCFS operated juvenile justice facili-
ties which found the use of excessive force and failure to provide
mental health care and treatment, the program would prioritize services
to youth in state operated juvenile justice facilities. Independent
oversight to protect the rights of the approximately 1,000 youth in
these particular care settings is essential. Some distinguishing
features of youth in the juvenile detention facilities are that at least
65% have a mental health diagnosis, more than half are on a psychotropic
medication, more than half are special education students with an IEP
and the majority have experienced some form of trauma in their lives and
have been involved in the child welfare system before being placed in a
juvenile detention facilities. These children need all the supports they
can get.

These defining characteristics combined with the appalling findings of
inadequate mental health treatment and treatment plans, insufficient
substance abuse services and improper medication management coupled with
evidence of brutal treatment for behavioral issues clearly demonstrate
that some outside oversight is needed. While a peer advocacy and mentor-
ing program is not sufficient to provide the independent oversight that
is necessary in our state operated juvenile detention centers, it can
play an important role in bringing a voice to these youth and some tran-
sparency to the system while at the same time providing real examples
and connections to a future filled with hope and opportunities.

 
LEGISLATIVE HISTORY:

2019-20: S.4996 - Referred to Children and Families
2017-18: S.2806 - Referred to Children and Families
2015-16: S.2553 - Referred to Children and Families
2013-14: S.897 - Referred to Children and Families
2012-13: S.897/A.4356 - Referred to Children and Families
2011-12: S.3076/A.7038 - Referred to Children and Families
2010-11: S.6961/A.10806 - Referred to Children and Families/Finance

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
90 days after enactment.