Text of NY A 3645 (2010)

S T A T E O F N E W Y O R K ________________________________________________________________________ 3645 2009-2010 Regular Sessions I N A S S E M B L Y January 27, 2009 ___________ Introduced by M. of A. SCARBOROUGH, ROBINSON, O'DONNELL, JAFFEE, BARRON -- Multi-Sponsored by -- M. of A. CLARK, GLICK, KELLNER, MILLMAN, PHEFFER -- read once and referred to the Committee on Children and Families AN ACT to amend the executive law, in relation to enacting the "SAFETY act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "SAFETY act". 3 S 2. Article 19-G of the executive law is amended by adding a new 4 title 5 to read as follows: 5 TITLE 5 6 SAFE AND FAIR EQUAL TREATMENT FOR YOUTH (SAFETY) ACT 7 SECTION 531-A. LEGISLATIVE INTENT. 8 531-B. DEFINITIONS. 9 531-C. DISCRIMINATION AND HARASSMENT PROHIBITED. 10 531-D. POLICIES AND GUIDELINES. 11 531-E. COMMISSIONER'S RESPONSIBILITIES. 12 531-F. REPORTING BY COMMISSIONER. 13 531-G. PROTECTION OF PEOPLE WHO REPORT DISCRIMINATION OR HARASS- 14 MENT. 15 531-H. APPLICATION. 16 531-I. SEVERABILITY AND CONSTRUCTION. 17 S 531-A. LEGISLATIVE INTENT. THE LEGISLATURE FINDS THAT YOUTH ARE 18 PLACED WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES IN ORDER TO 19 PROVIDE THOSE YOUTH THE OPPORTUNITY FOR REHABILITATION. SUCH AN OPPORTU- 20 NITY INCLUDES THE PROVISION OF EDUCATIONAL, THERAPEUTIC, AND OTHER 21 NECESSARY SERVICES TO ENSURE THAT THESE YOUTH CAN BECOME SUCCESSFUL AND 22 PRODUCTIVE MEMBERS OF THEIR COMMUNITIES. THE LEGISLATURE FINDS THAT A 23 YOUTH'S OPPORTUNITY FOR REHABILITATION AND ABILITY TO LEARN AND MEET EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. A LBD04467-01-9 A. 3645 2 1 HIGH STANDARDS OF BEHAVIOR AND ACADEMIC ACHIEVEMENT ARE COMPROMISED BY 2 INCIDENTS OF DISCRIMINATION AND HARASSMENT. IT IS HEREBY DECLARED TO BE 3 THE POLICY OF THE STATE TO AFFORD ALL YOUTH IN FACILITIES OPERATED BY 4 THE OFFICE OF CHILDREN AND FAMILY SERVICES AN ENVIRONMENT FREE OF 5 DISCRIMINATION AND HARASSMENT BASED ON ACTUAL OR PERCEIVED RACE, COLOR, 6 NATIONAL ORIGIN, ETHNIC GROUP, RELIGION, RELIGIOUS PRACTICE, DISABILITY, 7 SEXUAL ORIENTATION, GENDER, OR SEX. THE PURPOSE OF THIS TITLE IS TO 8 FOSTER CIVILITY IN FACILITIES OPERATED BY THE OFFICE OF CHILDREN AND 9 FAMILY SERVICES AND TO PREVENT AND PROHIBIT CONDUCT WHICH PLACES ANY 10 YOUTH'S OPPORTUNITY FOR REHABILITATION IN JEOPARDY. 11 S 531-B. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING 12 TERMS SHALL HAVE THE FOLLOWING MEANINGS: 13 1. "DISABILITY" SHALL MEAN DISABILITY AS DEFINED IN SUBDIVISION TWEN- 14 TY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THIS CHAPTER. 15 2. "EMPLOYEE" SHALL MEAN EMPLOYEE OF THE OFFICE OF CHILDREN AND FAMILY 16 SERVICES. 17 3. "FACILITY" SHALL MEAN A RESIDENTIAL FACILITY OPERATED BY THE OFFICE 18 OF CHILDREN AND FAMILY SERVICES. 19 4. "GENDER" SHALL MEAN ACTUAL OR PERCEIVED SEX AND SHALL INCLUDE A 20 PERSON'S GENDER IDENTITY OR EXPRESSION. 21 5. "HARASSMENT" SHALL MEAN THE CREATION OF A HOSTILE ENVIRONMENT BY 22 CONDUCT OR BY VERBAL THREATS, INTIMIDATION OR ABUSE, INCLUDING CONDUCT, 23 VERBAL THREATS, INTIMIDATION OR ABUSE BASED ON A PERSON'S ACTUAL OR 24 PERCEIVED RACE, COLOR, NATIONAL ORIGIN, ETHNIC GROUP, RELIGION, RELI- 25 GIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, GENDER OR SEX, THAT HAS 26 OR WOULD HAVE THE EFFECT OF UNREASONABLY AND SUBSTANTIALLY INTERFERING 27 WITH A YOUTH'S OPPORTUNITY FOR REHABILITATION, EDUCATIONAL PERFORMANCE, 28 OPPORTUNITIES OR BENEFITS, OR MENTAL, EMOTIONAL OR PHYSICAL WELL-BEING; 29 OR CONDUCT, VERBAL THREATS, INTIMIDATION OR ABUSE THAT REASONABLY CAUSES 30 OR WOULD REASONABLY BE EXPECTED TO CAUSE A YOUTH TO FEAR FOR HIS OR HER 31 PHYSICAL SAFETY. 32 6. "PROGRAM" SHALL MEAN ANY PROGRAM OPERATED BY THE OFFICE OF CHILDREN 33 AND FAMILY SERVICES AS A REHABILITATIVE SERVICE FOR YOUTH WHO HAVE BEEN 34 ADJUDICATED DELINQUENT PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT 35 OR A PERSON IN NEED OF SUPERVISION PURSUANT TO ARTICLE SEVEN OF THE 36 FAMILY COURT ACT. 37 S 531-C. DISCRIMINATION AND HARASSMENT PROHIBITED. 1. NO YOUTH SHALL 38 BE SUBJECTED TO HARASSMENT BY EMPLOYEES OF FACILITIES OR PROGRAMS; NOR 39 SHALL ANY YOUTH BE SUBJECTED TO DISCRIMINATION BASED ON THAT YOUTH'S 40 ACTUAL OR PERCEIVED RACE, COLOR, NATIONAL ORIGIN, ETHNIC GROUP, RELI- 41 GION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, GENDER, OR SEX 42 BY FACILITY OR PROGRAM EMPLOYEES OR YOUTH IN A FACILITY OR DURING 43 PARTICIPATION IN A PROGRAM. 44 2. AN AGE-APPROPRIATE VERSION OF THE POLICY OUTLINED IN SUBDIVISION 45 ONE OF THIS SECTION, WRITTEN IN PLAIN-LANGUAGE, SHALL BE PRESENTED TO 46 EACH YOUTH UPON HIS OR HER ORIENTATION TO ANY FACILITY OR PROGRAM. 47 S 531-D. POLICIES AND GUIDELINES. THE OFFICE OF CHILDREN AND FAMILY 48 SERVICES SHALL CREATE POLICIES AND GUIDELINES THAT SHALL INCLUDE, BUT 49 NOT BE LIMITED TO: 50 1. POLICIES INTENDED TO CREATE A FACILITY AND PROGRAM ENVIRONMENT THAT 51 IS FREE FROM DISCRIMINATION OR HARASSMENT; 52 2. GUIDELINES TO BE USED IN FACILITY AND PROGRAM TRAINING CURRICULUMS 53 TO DISCOURAGE THE DEVELOPMENT OF DISCRIMINATION OR HARASSMENT AND THAT 54 ARE DESIGNED: 55 A. TO RAISE THE AWARENESS AND SENSITIVITY OF FACILITY AND PROGRAM 56 EMPLOYEES TO POTENTIAL DISCRIMINATION OR HARASSMENT, AND A. 3645 3 1 B. TO ENABLE FACILITY AND PROGRAM EMPLOYEES TO PREVENT AND RESPOND 2 APPROPRIATELY TO DISCRIMINATION OR HARASSMENT; AND 3 3. GUIDELINES RELATING TO THE DEVELOPMENT OF NONDISCRIMINATORY 4 INSTRUCTIONAL AND COUNSELING METHODS, AND REQUIRING THAT AT LEAST ONE 5 STAFF MEMBER AT EVERY FACILITY AND PROGRAM BE THOROUGHLY TRAINED TO 6 HANDLE HUMAN RELATIONS IN THE AREAS OF RACE, COLOR, NATIONAL ORIGIN, 7 ETHNIC GROUP, RELIGION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIEN- 8 TATION, GENDER, AND SEX. 9 S 531-E. COMMISSIONER'S RESPONSIBILITIES. THE COMMISSIONER SHALL: 10 1. DEVELOP MODEL POLICIES AND, TO THE EXTENT POSSIBLE, DIRECT 11 SERVICES, TO FACILITIES AND PROGRAMS RELATED TO PREVENTING DISCRIMI- 12 NATION AND HARASSMENT AND TO FOSTERING AN ENVIRONMENT IN EVERY FACILITY 13 AND PROGRAM WHERE ALL YOUTH CAN LIVE, LEARN AND REFORM IN A SAFE AND 14 SUPPORTIVE ENVIRONMENT FREE OF MANIFESTATIONS OF BIAS; 15 2. PROMULGATE REGULATIONS TO ASSIST FACILITIES AND PROGRAMS IN IMPLE- 16 MENTING THIS TITLE INCLUDING, BUT NOT LIMITED TO, REGULATIONS TO ASSIST 17 FACILITIES AND PROGRAMS IN DEVELOPING MEASURED, BALANCED, AND AGE-APPRO- 18 PRIATE RESPONSES TO VIOLATIONS OF THIS POLICY, WITH REMEDIES AND PROCE- 19 DURES FOCUSING ON INTERVENTION AND THE CREATION OF A SAFE AND SUPPORTIVE 20 REHABILITATIVE ENVIRONMENT. 21 S 531-F. REPORTING BY COMMISSIONER. THE COMMISSIONER SHALL CREATE A 22 PROCEDURE UNDER WHICH MATERIAL INCIDENTS OF DISCRIMINATION AND HARASS- 23 MENT IN FACILITIES OR PROGRAMS ARE REPORTED TO THE OFFICE OF CHILDREN 24 AND FAMILY SERVICES ON AN ANNUAL BASIS. SUCH PROCEDURE SHALL PROVIDE 25 THAT SUCH REPORTS SHALL, WHEREVER POSSIBLE, ALSO DELINEATE THE SPECIFIC 26 NATURE OF SUCH INCIDENTS OF DISCRIMINATION OR HARASSMENT PROVIDED THAT 27 SUCH DETAILS SHALL INCLUDE ONLY NON-CLIENT IDENTIFYING INFORMATION. 28 S 531-G. PROTECTION OF PEOPLE WHO REPORT DISCRIMINATION OR HARASSMENT. 29 ANY PERSON HAVING REASONABLE CAUSE TO SUSPECT THAT A YOUTH HAS BEEN 30 SUBJECTED TO DISCRIMINATION OR HARASSMENT IN A FACILITY OR PROGRAM, WHO, 31 ACTING REASONABLY AND IN GOOD FAITH, EITHER REPORTS SUCH INFORMATION TO 32 FACILITY OR PROGRAM OFFICIALS, TO THE COMMISSIONER OF THE OFFICE OF 33 CHILDREN AND FAMILY SERVICES, OR TO LAW ENFORCEMENT AUTHORITIES OR 34 OTHERWISE INITIATES, TESTIFIES, PARTICIPATES OR ASSISTS IN ANY FORMAL OR 35 INFORMAL PROCEEDINGS UNDER THIS TITLE, SHALL HAVE IMMUNITY FROM ANY 36 CIVIL LIABILITY THAT MAY ARISE FROM THE MAKING OF SUCH REPORT OR FROM 37 INITIATING, TESTIFYING, PARTICIPATING OR ASSISTING IN SUCH FORMAL OR 38 INFORMAL PROCEEDINGS, AND NO FACILITY OR PROGRAM EMPLOYEE SHALL TAKE, 39 REQUEST OR CAUSE A RETALIATORY ACTION AGAINST ANY SUCH PERSON WHO, 40 ACTING REASONABLY AND IN GOOD FAITH, EITHER MAKES SUCH A REPORT OR 41 INITIATES, TESTIFIES, PARTICIPATES OR ASSISTS IN SUCH FORMAL OR INFORMAL 42 PROCEEDINGS. 43 S 531-H. APPLICATION. NOTHING IN THIS TITLE SHALL PRECLUDE OR LIMIT 44 ANY RIGHT OR CAUSE OF ACTION PROVIDED UNDER ANY LOCAL, STATE OR FEDERAL 45 ORDINANCE, LAW OR REGULATION INCLUDING BUT NOT LIMITED TO ANY REMEDIES 46 OR RIGHTS AVAILABLE UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION 47 ACT, TITLE VII OF THE CIVIL RIGHTS LAW OF 1964, SECTION 504 OF THE REHA- 48 BILITATION ACT OF 1973 OR THE AMERICANS WITH DISABILITIES ACT OF 1990. 49 S 531-I. SEVERABILITY AND CONSTRUCTION. THE PROVISIONS OF THIS TITLE 50 SHALL BE SEVERABLE, AND IF ANY COURT OF COMPETENT JURISDICTION DECLARES 51 ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS TITLE TO BE INVALID, 52 OR ITS APPLICABILITY TO ANY GOVERNMENT AGENCY, PERSON OR CIRCUMSTANCE IS 53 DECLARED INVALID, THE REMAINDER OF THIS TITLE AND ITS RELEVANT APPLICA- 54 BILITY SHALL NOT BE AFFECTED. THE PROVISIONS OF THIS TITLE SHALL BE 55 LIBERALLY CONSTRUED TO GIVE EFFECT TO THE PURPOSES THEREOF. A. 3645 4 1 S 3. This act shall take effect on the one hundred twentieth day after 2 it shall have become a law, except that any rules or regulations neces- 3 sary for the timely implementation of this act on its effective date 4 shall be promulgated on or before such date.