S T A T E O F N E W Y O R K
________________________________________________________________________
7414
2025-2026 Regular Sessions
I N A S S E M B L Y
March 25, 2025
___________
Introduced by M. of A. BORES -- read once and referred to the Committee
on Correction
AN ACT to amend the family court act and the executive law, in relation
to prohibiting segregated confinement of children in a detention
facility
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "keep kids
out of solitary confinement act".
§ 2. Section 304.1 of the family court act is amended by adding a new
subdivision 5 to read as follows:
5. A DETENTION FACILITY WHICH RECEIVES A CHILD UNDER THIS ARTICLE
SHALL NOT PLACE ANY SUCH CHILD IN SEGREGATED CONFINEMENT FOR ANY LENGTH
OF TIME. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "SEGREGATED
CONFINEMENT" SHALL MEAN THE CONFINEMENT OF A CHILD IN ANY FORM OF CELL
CONFINEMENT FOR MORE THAN SEVENTEEN HOURS A DAY OTHER THAN IN A FACILI-
TY-WIDE EMERGENCY OR FOR THE PURPOSE OF PROVIDING MEDICAL OR MENTAL
HEALTH TREATMENT. "SEGREGATED CONFINEMENT" SHALL NOT INCLUDE ROOM
CONFINEMENT AUTHORIZED PURSUANT TO REGULATIONS OF THE OFFICE OF CHILDREN
AND FAMILY SERVICES IN CASES WHERE A CHILD CONSTITUTES A SERIOUS AND
EVIDENT DANGER TO THEMSELF OR OTHERS.
§ 3. Section 503 of the executive law is amended by adding a new
subdivision 10 to read as follows:
10. A DETENTION FACILITY CERTIFIED UNDER THIS ARTICLE SHALL NOT PLACE
ANY CHILD DETAINED PURSUANT TO THE FAMILY COURT ACT OR THE CRIMINAL
PROCEDURE LAW IN SEGREGATED CONFINEMENT FOR ANY LENGTH OF TIME. FOR THE
PURPOSES OF THIS SUBDIVISION, THE TERM "SEGREGATED CONFINEMENT" SHALL
MEAN THE CONFINEMENT OF A CHILD IN ANY FORM OF CELL CONFINEMENT FOR MORE
THAN SEVENTEEN HOURS A DAY OTHER THAN IN A FACILITY-WIDE EMERGENCY OR
FOR THE PURPOSE OF PROVIDING MEDICAL OR MENTAL HEALTH TREATMENT. "SEGRE-
GATED CONFINEMENT" SHALL NOT INCLUDE ROOM CONFINEMENT AUTHORIZED PURSU-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07969-01-5
A. 7414 2
ANT TO REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IN
CASES WHERE A CHILD CONSTITUTES A SERIOUS AND EVIDENT DANGER TO THEMSELF
OR OTHERS.
§ 4. This act shall take effect immediately.