S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6678

                            I N  S E N A T E

                            January 26, 2010
                               ___________

Introduced  by Sens. HUNTLEY, MORAHAN, DIAZ, MONTGOMERY, STEWART-COUSINS
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Mental Health and Developmental Disabilities

AN ACT to amend the  mental  hygiene  law  and  the  executive  law,  in
  relation  to  providing legal assistance to youth ordered by the court
  into the custody of the office of children  and  family  services  and
  placed or committed to a state operated juvenile detention center

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 47.01 of the mental hygiene law,
as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
follows:
  (a) There shall be a mental hygiene legal service of the state in each
judicial  department.  The  service  shall  provide  legal assistance to
patients or residents of a facility as defined in section 1.03  of  this
chapter,  or  any  other  place or facility which is required to have an
operating certificate pursuant to article sixteen or thirty-one of  this
chapter,  and  to persons alleged to be in need of care and treatment in
such facilities or places, and to persons entitled to such legal assist-
ance as provided by article ten of this chapter.    THE  SERVICES  SHALL
ALSO  PROVIDE  LEGAL  ASSISTANCE  TO YOUTH ORDERED BY THE COURT INTO THE
CUSTODY OF THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  AND  PLACED  OR
COMMITTED  TO  A  STATE  OPERATED JUVENILE DETENTION CENTER. The head of
such service in each judicial department and such  assistants  and  such
staff  as  may be necessary shall be appointed and may be removed by the
presiding justice of the appellate division of the judicial  department.
Appointments  and  transfers  to  the  service  shall  comply  with  the
provisions of the civil service law. Standards for qualifications of the
personnel in the service shall be established by the  presiding  justice
of  the  appellate  division  of  the judicial department. The presiding
justice of the appellate  division  of  the  judicial  department  shall
promulgate  such  rules or regulations as may be necessary to effectuate
the purposes of this article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14984-02-9
              

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  S 2. Section 47.03 of the mental hygiene law, as added by chapter  789
of  the  laws  of 1985, subdivision (c) as amended by chapter 408 of the
laws of 1999, subdivisions (d) and (e) as amended and subdivision (f) as
added by chapter 7 of the laws of 2007, is amended to read as follows:
S 47.03 Functions, powers and duties of the service.
  The  mental  hygiene  legal service in each judicial department of the
state shall perform the following duties:
  (a) To study and review the admission and retention of all patients or
residents which shall include a review of the willingness of the patient
or resident to remain in his or her status and the determination of  the
facility  director  as to suitability of such status, as provided for by
this chapter;
  (b) To inform patients or  residents  and,  in  proper  cases,  others
interested  in  such  persons'  welfare  of procedures for admission and
retention and of the patients' or  residents'  right  to  have  judicial
hearing  and  review,  to  be  represented by legal counsel, and to seek
independent medical opinion;
  (c) To provide legal services and assistance to patients or  residents
and  their  families  related  to the admission, retention, and care and
treatment of such persons, to provide legal services and  assistance  to
subjects of a petition or patients subject to section 9.60 of this chap-
ter,  and to inform patients or residents, their families and, in proper
cases, others interested in the patients' or residents' welfare  of  the
availability  of  other  legal  resources  which may be of assistance in
matters not directly related to the admission, retention, and  care  and
treatment of such patients or residents;
  (d)  TO  PROVIDE  LEGAL  SERVICES  AND ASSISTANCE TO YOUTH RESIDING IN
JUVENILE DETENTION CENTERS AND THEIR FAMILIES RELATED TO THE  RETENTION,
CARE  AND TREATMENT OF SUCH PERSONS, AND TO INFORM YOUTH AND THEIR FAMI-
LIES AND IN PROPER CASES, OTHERS INTERESTED IN THE YOUTHS'  WELFARE,  OF
THE  AVAILABILITY OF OTHER LEGAL RESOURCES WHICH MAY BE OF ASSISTANCE IN
MATTERS NOT DIRECTLY RELATED TO THE RETENTION,  CARE  AND  TREATMENT  OF
SUCH YOUTH;
  (E) To be granted access at any and all times to any facility or place
or  part  thereof  described in subdivision (a) of section 47.01 of this
article, and to all books, records  and  data  pertaining  to  any  such
facility  or  place  deemed  necessary  for  carrying out its functions,
powers and duties. The mental hygiene legal service may require from the
officers or employees of such facility or place any  information  deemed
necessary  for  the  purpose  of  carrying  out the service's functions,
powers and duties. Information, books, records or data which are  confi-
dential  and  any limitations on the release thereof imposed by law upon
the party furnishing the information, books, records or data shall apply
to  the  service.  Provided,  however,  whenever   federal   regulations
restrict,  or  as  a  condition  of  federal aid require that a facility
restrict the release of information contained in the clinical record  of
a patient or client, or restrict disclosure of the identity of a patient
or  access  to  that  patient, to a greater extent than is allowed under
this section, the provisions of such federal law or  federal  regulation
shall be controlling;
  [(e)]  (F)  To  initiate and take any legal action deemed necessary to
safeguard the right of any patient [or], resident OR YOUTH to protection
from abuse or mistreatment, which may  include  investigation  into  any
such  allegations  of abuse or mistreatment of any such patient or resi-
dent; and

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  [(f)] (G) To provide legal services and assistance in accordance  with
article ten of this chapter.
  S  3.  The  executive  law is amended by adding a new section 508-a to
read as follows:
  S 508-A. LEGAL SERVICES AND ASSISTANCE TO YOUTH.  IN ADDITION  TO  ANY
LAW  GUARDIAN,  COURT  APPOINTED  COUNSEL OR PRIVATE COUNSEL A YOUTH MAY
HAVE, THE MENTAL HYGIENE LEGAL SERVICE IN EACH  JUDICIAL  DEPARTMENT  OF
THE  STATE,  ESTABLISHED  PURSUANT  TO ARTICLE FORTY-SEVEN OF THE MENTAL
HYGIENE LAW, SHALL PROVIDE LEGAL SERVICES AND ASSISTANCE  TO  YOUTH  AND
THEIR FAMILY RELATING TO THE RETENTION, CARE AND TREATMENT OF SUCH YOUTH
WHEN  SUCH  YOUTH IS ORDERED BY THE COURT INTO THE CUSTODY OF THE OFFICE
OF CHILDREN AND FAMILY SERVICES AND PLACED OR COMMITTED TO A STATE OPER-
ATED JUVENILE DETENTION CENTER.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law; provided, however, that the amendments to subdivision
(c)  of  section  47.03 of the mental hygiene law made by section two of
this act shall not affect the expiration and reversion of such  subdivi-
sion.   Further provided, effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed on or before such effective date.