NY State Senate Bill 2023-S7141

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to children and families
May 18, 2023	referred to children and families

2023-S7141 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Executive Law
Laws Affected:: Add §522-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6961
2011-2012: S3076
2013-2014: S897
2015-2016: S2553
2017-2018: S2806
2019-2020: S4996
2021-2022: S5463

2023-S7141 (ACTIVE) - Summary

Establishes the peer advocacy and mentoring program; provides peer support, advocacy and mentoring for youth in residential care.

2023-S7141 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7141

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 in 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 ninetieth 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 transitio 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:

2021-22: S.5463 - Referred to Children and Families

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:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S7141 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7141
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the executive law, in relation to establishing the  peer
   advocacy and mentoring program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The executive law is amended by adding a new section 522-a
 to read as follows:
   § 522-A. PEER ADVOCACY AND  MENTORING  PROGRAM.  1.  THERE  IS  HEREBY
 CREATED  WITHIN THE OFFICE OF CHILDREN AND FAMILY SERVICES, A PEER ADVO-
 CACY AND MENTORING PROGRAM.
   2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL,  IN  CONSULTATION
 WITH  THE  OFFICE  OF  MENTAL HEALTH AND WITHIN THE AMOUNTS APPROPRIATED
 THEREFOR, CONTRACT WITH A NOT-FOR-PROFIT ORGANIZATION  OR  ORGANIZATIONS
 SPECIALIZING  IN  PROVIDING  PEER  SUPPORT AND ADVOCACY TO YOUTH AND THE
 NEEDS OF YOUTH, INCLUDING BUT NOT LIMITED TO  EMOTIONAL  AND  BEHAVIORAL
 NEEDS,  TO ESTABLISH A PEER ADVOCACY AND MENTORING PROGRAM. SUCH PROGRAM
 SHALL BE DESIGNED TO PROVIDE PEER SUPPORT, ADVOCACY  AND  MENTORING  FOR
 YOUTH RESIDING IN RESIDENTIAL CARE.
   3.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 PRIORITY FOR SERVICES UNDER THE  PEER  ADVOCACY  AND  MENTORING  PROGRAM
 SHALL  BE GIVEN TO YOUTH WHO WERE PLACED IN RESIDENTIAL CARE PURSUANT TO
 SECTION 353.3 OF THE FAMILY COURT ACT,  AND  WHO  RESIDE  IN  FACILITIES
 DESCRIBED IN SECTION FIVE HUNDRED FOUR OF THIS ARTICLE.
   4.  PEER ADVOCATES ACTING AS EMPLOYEES OR VOLUNTEERS IN THE PEER ADVO-
 CACY AND MENTORING PROGRAM SHALL: (A) BE INDIVIDUALS BETWEEN THE AGES OF
 SIXTEEN AND THIRTY WHO HAVE:
   (I) PREVIOUSLY BEEN PLACED IN RESIDENTIAL CARE;
   (II) EXPERIENCED DISABILITIES OR BEHAVIORAL HEALTH NEEDS; AND
   (III) SUCCESSFULLY COMPLETED TRAINING THAT HAS BEEN  APPROVED  BY  THE
 COMMISSIONERS  OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF CHILDREN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07993-01-3

 S. 7141                             2
 
 AND FAMILY SERVICES, QUALIFYING SUCH INDIVIDUALS TO  WORK  IN  THE  PEER
 ADVOCACY AND MENTORING PROGRAM;
   (B)  HAVE  REASONABLE  AND  APPROPRIATE ACCESS TO YOUTH IN RESIDENTIAL
 FACILITIES AND THE OPPORTUNITY TO MEET WITH YOUTH IN A  PRIVATE,  CONFI-
 DENTIAL SETTING;
   (C)  SERVE  AS  A  LINK FOR YOUTH AND THEIR FAMILIES TO OTHER SUPPORTS
 INCLUDING THE ATTORNEY FOR THE CHILD AND THE OFFICE OF THE OMBUDSMAN  AS
 DESCRIBED IN SECTION FIVE HUNDRED TWENTY-THREE-B OF THIS TITLE; AND
   (D)  NOT IDENTIFY, IN ANY WAY, OUTSIDE OF THEIR SCOPE OF EMPLOYMENT OR
 DUTIES AS A PEER ADVOCATE, THE NAME OR  IDENTITY  OF  ANY  YOUTH  SERVED
 WITHIN THE PEER ADVOCACY AND MENTORING PROGRAM WITHOUT THE EXPRESS WRIT-
 TEN CONSENT OF SUCH YOUTH.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S7141

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee

2023-S7141 (ACTIVE) - Details

2023-S7141 (ACTIVE) - Summary

2023-S7141 (ACTIVE) - Sponsor Memo

2023-S7141 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7141

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Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Children And Families Committee

2023-S7141 (ACTIVE) - Details

2023-S7141 (ACTIVE) - Summary

2023-S7141 (ACTIVE) - Sponsor Memo

2023-S7141 (ACTIVE) - Bill Text download pdf

Comments