Senate Bill S5906

2023-2024 Legislative Session

Relates to residential programs for children

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Children And Families 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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2023-S5906 (ACTIVE) - Details

Current Committee:
Senate Children And Families
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:
2019-2020: S5994
2021-2022: S550

2023-S5906 (ACTIVE) - Summary

Relates to residential programs for children and the rights such children have when under such care.

2023-S5906 (ACTIVE) - Sponsor Memo

2023-S5906 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5906
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed 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:
   §  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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02467-01-3
              

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