S T A T E   O F   N E W   Y O R K
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                                  7038

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 11, 2011
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH -- read once and referred to the
  Committee on Children and Families

AN ACT to amend the executive law, in relation to establishing the  peer
  advocacy and mentoring program

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

  Section 1.  The executive law is amended by adding a new section 522-a
to read as follows:
  S 522-A. PEER ADVOCACY AND  MENTORING  PROGRAM.  1.  THERE  IS  HEREBY
CREATED  WITHIN THE OFFICE OF CHILDREN AND FAMILY SERVICES, A PEER ADVO-
CACY AND MENTORING PROGRAM.
  2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL,  IN  CONSULTATION
WITH  THE  OFFICE  OF  MENTAL HEALTH AND WITHIN THE AMOUNTS APPROPRIATED
THEREFOR, CONTRACT WITH A NOT-FOR-PROFIT ORGANIZATION  OR  ORGANIZATIONS
SPECIALIZING  IN  PROVIDING  PEER  SUPPORT AND ADVOCACY TO YOUTH AND THE
NEEDS OF YOUTH, INCLUDING BUT NOT LIMITED TO  EMOTIONAL  AND  BEHAVIORAL
NEEDS,  TO ESTABLISH A PEER ADVOCACY AND MENTORING PROGRAM. SUCH PROGRAM
SHALL BE DESIGNED TO PROVIDE PEER SUPPORT, ADVOCACY  AND  MENTORING  FOR
YOUTH RESIDING IN RESIDENTIAL CARE AS SUCH TERM IS DEFINED IN PARAGRAPHS
(B)  AND (G) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED TWELVE-A OF THE
SOCIAL SERVICES LAW.
  3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE  CONTRARY,
PRIORITY  FOR  SERVICES  UNDER  THE  PEER ADVOCACY AND MENTORING PROGRAM
SHALL BE GIVEN TO YOUTH WHO WERE PLACED IN RESIDENTIAL CARE PURSUANT  TO
SECTION  353.3  OF  THE  FAMILY  COURT ACT, AND WHO RESIDE IN FACILITIES
DESCRIBED IN SECTION FIVE HUNDRED FOUR OF THIS ARTICLE.
  4. PEER ADVOCATES ACTING AS EMPLOYEES OR VOLUNTEERS IN THE PEER  ADVO-
CACY AND MENTORING PROGRAM SHALL: (A) BE INDIVIDUALS BETWEEN THE AGES OF
SIXTEEN AND THIRTY WHO HAVE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08768-01-1

A. 7038                             2
              

  (I) PREVIOUSLY BEEN PLACED IN RESIDENTIAL CARE AS SUCH TERM IS DEFINED
IN  PARAGRAPHS  (B)  AND (G) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED
TWELVE-A OF THE SOCIAL SERVICES LAW;
  (II) EXPERIENCED DISABILITIES OR BEHAVIORAL HEALTH NEEDS; AND
  (III)  SUCCESSFULLY  COMPLETED  TRAINING THAT HAS BEEN APPROVED BY THE
COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF  CHILDREN
AND  FAMILY  SERVICES,  QUALIFYING  SUCH INDIVIDUALS TO WORK IN THE PEER
ADVOCACY AND MENTORING PROGRAM;
  (B) HAVE REASONABLE AND APPROPRIATE ACCESS  TO  YOUTH  IN  RESIDENTIAL
FACILITIES  AND  THE OPPORTUNITY TO MEET WITH YOUTH IN A PRIVATE, CONFI-
DENTIAL SETTING;
  (C) SERVE AS A LINK FOR YOUTH AND THEIR  FAMILIES  TO  OTHER  SUPPORTS
INCLUDING  THE ATTORNEY FOR THE CHILD AND THE OFFICE OF THE OMBUDSMAN AS
DESCRIBED IN SECTION FIVE HUNDRED TWENTY-THREE-B OF THIS TITLE; AND
  (D) NOT IDENTIFY, IN ANY WAY, OUTSIDE OF THEIR SCOPE OF EMPLOYMENT  OR
DUTIES  AS  A  PEER  ADVOCATE,  THE NAME OR IDENTITY OF ANY YOUTH SERVED
WITHIN THE PEER ADVOCACY AND MENTORING PROGRAM WITHOUT THE EXPRESS WRIT-
TEN CONSENT OF SUCH YOUTH.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.