Text of NY S 5996 (2009)

Skip to main content New York State Assembly Speaker Carl E. Heastie Assembly Members Legislative Info Public Hearings Speaker's Press Assembly Reports Committees & More Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page. Bill No.: Summary Actions Floor Votes Memo Text S05996 Summary: BILL NOS05996 SAME ASSAME AS A03472-A SPONSORDUANE COSPNSRHASSELL-THOMPSON, PARKER MLTSPNSR Ren S462-b to be S462-c, add S462-b, amd S462-c, Soc Serv L; add S504-c, Exec L Relates to the rights of youth in detention and residential programs for youth; creates youth advisory boards within secure and non-secure facilities to assist in the development of policies affecting youth in such facilities. Go to top S05996 Text: STATE OF NEW YORK ________________________________________________________________________ 5996 2009-2010 Regular Sessions IN SENATE June 19, 2009 ___________ Introduced by Sen. DUANE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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: 1 Section 1. Section 462-b of the social services law is renumbered 2 section 462-c and a new section 462-b is added to read as follows: 3 § 462-b. Rights of youth in detention and residential care. 1. In 4 order to ensure that residents of facilities or programs for youth oper- 5 ated, licensed or certified by the office of children and family 6 services are treated consistently with the laws and regulations, and are 7 assured appropriate and quality care, the commissioner of the office of 8 children and family services shall promulgate regulations informing 9 residents of their rights under law. Such regulations shall include, but 10 not be limited to, informing residents that they have the right to: 11 a. A safe, sanitary and nurturing environment free from abuse and 12 mistreatment by employees and other residents of the facility or resi- 13 dence which may cause a child to become an abused or neglected child as 14 defined in subdivisions one and two of section four hundred twelve-a of 15 this chapter and other residents of the facility or residence; 16 b. An individual services or treatment plan, appropriate for the type 17 of facility and designed with the active participation of the youth, and 18 the parent or guardian, to the extent possible; 19 c. The following should not be withheld as a disciplinary measure: 20 nutrition, hydration, sleep, exercise, education, bedding, a daily show- 21 er, water, a toilet, medical services, reading material, and contact 22 with parents, guardians, or attorneys, except in the event such contact 23 poses a safety threat to the youth or others; 24 d. Be free from physical restraint, seclusion, and exclusion from 25 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. LBD04454-04-9 S. 5996 2 1 e. Receive adequate and appropriate medical, dental, vision and mental 2 health services consistent with the rules and regulations promulgated by 3 the agency operating, certifying or supervising the facility or program, 4 provided the agency has reasonable access to the provision of such 5 services and that necessary consents have been sought and obtained from 6 the appropriate individuals, and which services shall include a 7 medically appropriate medication prescribing practice, including the 8 provision of information about medications; 9 f. Communicate through letters, phone calls and visits with a parent 10 or parents, other family members, guardians or other significant indi- 11 viduals, absent legal, clinical or programmatic impediments which must 12 be documented in the youth's case record; 13 g. Make and receive confidential telephone calls, send and receive 14 confidential mail, and have confidential visits with attorneys, 15 ombudspersons, judges, and religious and spiritual advisers and their 16 authorized representatives as well as legal service organizations where 17 such organizations have been contacted by the youth or by someone on the 18 youth's behalf; 19 h. Express grievances, concerns and suggestions to staff of the facil- 20 ity or the ombudsperson, where available, without fear of retribution; 21 i. Have access to recreational activities and community programs 22 including daily outdoor or exercise activities based upon the level of 23 care unless there are legal, clinical, or programmatic impediments which 24 shall be documented in the youth's case record based upon level of care; 25 j. Participate in available religious activities that do not consti- 26 tute a threat to the safety, security, or health of other residents. 27 Abstention from such activities shall not result in fear of retribution; 28 k. Have and display photographs in their personal living space absent 29 legal or clinical impediments; 30 l. Receive an appropriate education in the least restrictive environ- 31 ment as appropriate to the specific residential setting; 32 m. Be free of harassment from employees or youth in facilities or 33 programs; 34 n. Be called by the name of their choosing, except in the event it 35 poses a safety threat; 36 o. Express their gender identity through appropriate undergarments and 37 hair style; 38 p. Be free from being subjected to discrimination based on the youth's 39 actual or perceived race, color, national origin, ethnic group, reli- 40 gion, religious practice, disability, sexual orientation, gender, gender 41 identity or sex by employees or youth in facilities or programs and be 42 free to express gender identity; and 43 q. An age appropriate version of the policy outlined in this section, 44 written in plain language, shall be presented to each youth upon his or 45 her orientation to any facility or program. 46 2. Nothing in this section shall create an independent legal cause of 47 action unless otherwise provided by law. 48 § 2. The executive law is amended by adding a new section 504-c to 49 read as follows: 50 § 504-c. Youth advisory boards within residential facilities operated 51 by the office of children and family services. 1. Youth advisory boards 52 shall be established within the office of children and family services. 53 The commissioner of the office of children and family services, or his 54 or her designee, shall establish youth advisory boards within all resi- 55 dential facilities operated by the office of children and family 56 services. S. 5996 3 1 2. Youth advisory boards shall assist in the development of policies 2 affecting youth in care, have input on the delivery of services provided 3 at residential facilities, and communicate their recommendations to the 4 commissioner, or his or her designee, and shall have access to any 5 existing resources necessary to communicate such recommendations. Youth 6 advisory boards shall meet with the ombudsman on a periodic basis or at 7 the specific request of such boards. The ombudsman shall accommodate 8 specific meeting requests as soon as practicable after receiving such 9 request or requests. 10 § 3. Subdivision 1 of section 462-c of the social services law, as 11 amended by chapter 465 of the laws of 1992, such section as renumbered 12 by section one of this act, is amended to read as follows: 13 1. The [division for youth] office of children and family services 14 shall exercise the enforcement powers enumerated in section four hundred 15 sixty-d of this article which may apply to secure and non-secure 16 detention facilities and to those [division for youth] office of chil- 17 dren and family services residential facilities authorized by article 18 nineteen-G of the executive law and those residential facilities oper- 19 ated as approved runaway programs or transitional independent living 20 support programs pursuant to article nineteen-H of the executive law. 21 § 4. This act shall take effect on the ninetieth day after it shall 22 have become a law. Effective immediately the office of children and 23 family services is authorized to promulgate on an emergency basis any 24 and all rules and regulations necessary to implement this act on its 25 effective date. Go to top Sitemap Request Information Directions and Maps