BILL NUMBER:A10806

TITLE OF BILL:  An act to amend the executive law, in relation to estab-
lishing the peer advocacy and mentoring program

PURPOSE:   This bill directs the Office of Children and Family Services;
in consultation with the Office of Mental Health, to  contract  for  the
establishment  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:  Sections 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 providing peer support and
advocacy to youth. Services would be provided to youth residing in resi-
dential care licensed or operated by OCFS or OMH, as well as those youth
transitioning or preparing to transition out  of  such  placements,  but
priority  would  be  given  to services for youth placed or committed to
state operated 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 90th 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, ate valuable for people in-all
areas  and  youth  peer  supports are no exception. Youth in residential
dare have often experienced various traumas in  their  young  lives  and
associate  some  of  those  traumas with the adults in authority who are
making decisions 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  rights  are
protected  and  they  have  positive role models as they heal wounds and
prepare to transition 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 at 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:  New Bill.

FISCAL IMPLICATIONS:  To be determined.

EFFECTIVE DATE:; 90 days after enactment.