S T A T E O F N E W Y O R K
________________________________________________________________________
5284
2023-2024 Regular Sessions
I N S E N A T E
March 1, 2023
___________
Introduced by Sens. PARKER, THOMAS -- read twice and ordered printed,
and when printed to be committed to the Committee on Mental Health
AN ACT to amend the mental hygiene law and the executive law, in
relation to providing legal assistance to youth ordered by the court
into the custody of the office of children and family services and
placed or committed to a state operated juvenile detention center
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 47.01 of the mental hygiene law,
as amended by chapter 658 of the laws of 2019, is amended to read as
follows:
(a) There shall be a mental hygiene legal service of the state in each
judicial department. The service shall provide legal assistance to
patients or residents of a facility as defined in section 1.03 of this
chapter, patients or residents of residential healthcare facilities
licensed and operating pursuant to article twenty-eight of the public
health law who have been admitted directly from a facility as defined in
section 1.03 of this chapter and who have a serious mental illness as
defined in section 1.03 of this chapter and are receiving services
related to such illness, or any other place or facility which is
required to have an operating certificate pursuant to article sixteen or
thirty-one of this chapter, and to persons alleged to be in need of care
and treatment in such facilities or places, and to persons entitled to
such legal assistance as provided by article ten of this chapter. THE
SERVICE SHALL ALSO PROVIDE LEGAL ASSISTANCE TO YOUTH OFFERED BY THE
COURT INTO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES AND
PLACED OR COMMITTED TO A STATE OPERATED JUVENILE DETENTION CENTER. The
head of such service in each judicial department and such assistants and
such staff as may be necessary shall be appointed and may be removed by
the presiding justice of the appellate division of the judicial depart-
ment. Appointments and transfers to the service shall comply with the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07260-01-3
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provisions of the civil service law. Standards for qualifications of the
personnel in the service shall be established by the presiding justice
of the appellate division of the judicial department. The presiding
justice of the appellate division of the judicial department shall
promulgate such rules or regulations as may be necessary to effectuate
the purposes of this article.
§ 2. Section 47.03 of the mental hygiene law, as added by chapter 789
of the laws of 1985, subdivision (c) as amended by chapter 408 of the
laws of 1999, subdivisions (d) and (e) as amended and subdivision (f) as
added by chapter 7 of the laws of 2007, is amended to read as follows:
§ 47.03 Functions, powers and duties of the service.
The mental hygiene legal service in each judicial department of the
state shall perform the following duties:
(a) To study and review the admission and retention of all patients or
residents which shall include a review of the willingness of the patient
or resident to remain in his or her status and the determination of the
facility director as to suitability of such status, as provided for by
this chapter;
(b) To inform patients or residents and, in proper cases, others
interested in such persons' welfare of procedures for admission and
retention and of the patients' or residents' right to have judicial
hearing and review, to be represented by legal counsel, and to seek
independent medical opinion;
(c) To provide legal services and assistance to patients or residents
and their families related to the admission, retention, and care and
treatment of such persons, to provide legal services and assistance to
subjects of a petition or patients subject to section 9.60 of this chap-
ter, and to inform patients or residents, their families and, in proper
cases, others interested in the patients' or residents' welfare of the
availability of other legal resources which may be of assistance in
matters not directly related to the admission, retention, and care and
treatment of such patients or residents;
(d) TO PROVIDE LEGAL SERVICES AND ASSISTANCE TO YOUTH RESIDING IN
JUVENILE DETENTION CENTERS AND THEIR FAMILIES RELATED TO THE RETENTION,
CARE AND TREATMENT OF SUCH PERSONS, AND TO INFORM YOUTH AND THEIR FAMI-
LIES AND IN PROPER CASES, OTHERS INTERESTED IN THE YOUTHS' WELFARE, OF
THE AVAILABILITY OF OTHER LEGAL RESOURCES WHICH MAY BE OF ASSISTANCE IN
MATTERS NOT DIRECTLY RELATED TO THE RETENTION, CARE AND TREATMENT OF
SUCH YOUTH;
(E) To be granted access at any and all times to any facility or place
or part thereof described in subdivision (a) of section 47.01 of this
article, and to all books, records and data pertaining to any such
facility or place deemed necessary for carrying out its functions,
powers and duties. The mental hygiene legal service may require from the
officers or employees of such facility or place any information deemed
necessary for the purpose of carrying out the service's functions,
powers and duties. Information, books, records or data which are confi-
dential and any limitations on the release thereof imposed by law upon
the party furnishing the information, books, records or data shall apply
to the service. Provided, however, whenever federal regulations
restrict, or as a condition of federal aid require that a facility
restrict the release of information contained in the clinical record of
a patient or client, or restrict disclosure of the identity of a patient
or access to that patient, to a greater extent than is allowed under
this section, the provisions of such federal law or federal regulation
shall be controlling;
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[(e)] (F) To initiate and take any legal action deemed necessary to
safeguard the right of any patient [or], resident OR YOUTH to protection
from abuse or mistreatment, which may include investigation into any
such allegations of abuse or mistreatment of any such patient or resi-
dent; and
[(f)] (G) To provide legal services and assistance in accordance with
article ten of this chapter.
§ 3. The executive law is amended by adding a new section 508-a to
read as follows:
§ 508-A. LEGAL SERVICES AND ASSISTANCE TO YOUTH. IN ADDITION TO ANY
LAW GUARDIAN, COURT APPOINTED COUNSEL OR PRIVATE COUNSEL A YOUTH MAY
HAVE, THE MENTAL HYGIENE LEGAL SERVICE IN EACH JUDICIAL DEPARTMENT OF
THE STATE, ESTABLISHED PURSUANT TO ARTICLE FORTY-SEVEN OF THE MENTAL
HYGIENE LAW, SHALL PROVIDE LEGAL SERVICES AND ASSISTANCE TO YOUTH AND
THEIR FAMILY RELATING TO THE RETENTION, CARE AND TREATMENT OF SUCH YOUTH
WHEN SUCH YOUTH IS ORDERED BY THE COURT INTO THE CUSTODY OF THE OFFICE
OF CHILDREN AND FAMILY SERVICES AND PLACED OR COMMITTED TO A STATE OPER-
ATED JUVENILE DETENTION CENTER.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to subdivision
(c) of section 47.03 of the mental hygiene law made by section two of
this act shall not affect the expiration and reversion of such subdivi-
sion and shall be deemed to expire therewith. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.