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

                                  3820

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
  tee on Children and Families

AN ACT to amend the social services law, in relation to the  development
  of  standards  for  the  use of aversive interventions for children in
  public and private schools and programs, including residential facili-
  ties

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

  Section  1.  Subdivisions  7,  8  and 9 of section 483-d of the social
services law are renumbered subdivisions 8, 9 and 10 and a new  subdivi-
sion 7 is added to read as follows:
  7. AVERSIVE INTERVENTIONS.  (A) NO PUBLIC FUNDING SHALL SUPPORT PLACE-
MENT  OF  A  CHILD  IN  ANY PROGRAM OR SCHOOL THAT ENGAGES IN THE USE OF
AVERSIVE INTERVENTIONS ON CHILDREN IN VIOLATION OF THIS SUBDIVISION.   A
SCHOOL  OR  PROGRAM  USING  AVERSIVE  INTERVENTIONS IN VIOLATION OF THIS
SUBDIVISION SHALL BE REMOVED FROM ANY REGISTRY OF  APPROVED  SCHOOLS  OR
PROGRAMS AFTER WRITTEN NOTICE BY THE MEMBER AGENCY.
  (B) DEFINITIONS. AS USED IN THIS SUBDIVISION:
  (I)  "AVERSIVE  INTERVENTIONS" MEANS AN INTERVENTION KNOWN OR INTENDED
TO INDUCE PAIN OR DISCOMFORT FOR THE PURPOSE OF ELIMINATING OR  REDUCING
MALADAPTIVE BEHAVIORS, AND INCLUDE BUT ARE NOT LIMITED TO:
  (1)  CONTINGENT  APPLICATION OF NOXIOUS, PAINFUL, INTRUSIVE STIMULI OR
ACTIVITIES;
  (2) ANY FORM OF NOXIOUS, PAINFUL, OR INTRUSIVE TASTE, SPRAY, OR  INHA-
LANT;
  (3) WITHHOLDING SLEEP, SHELTER, BEDDING, BATHROOM FACILITIES OR CLOTH-
ING;
  (4)  CONTINGENT FOOD PROGRAMS THAT INCLUDE DENIAL OR DELAY OF MEALS OR
INTENTIONALLY ALTERING  STAPLE  FOOD  OR  DRINK  IN  ORDER  TO  MAKE  IT
DISTASTEFUL;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02004-01-3

              

A. 3820                             2

  (5) MOVEMENT LIMITATION USED AS A PUNISHMENT, INCLUDING BUT NOT LIMIT-
ED TO USE OF HELMETS AND MECHANICAL RESTRAINT DEVICES;
  (6) ELECTRIC SHOCK THERAPY; AND
  (7) OTHER SIMILAR STIMULI, TREATMENTS, INTERVENTIONS, OR ACTIONS.
  THE  FOREGOING TO THE CONTRARY NOTWITHSTANDING, AVERSIVE INTERVENTIONS
DO NOT INCLUDE INTERVENTIONS SUCH AS VOICE  CONTROL,  LIMITED  TO  LOUD,
FIRM COMMANDS; TIME-LIMITED IGNORING OF A SPECIFIC BEHAVIOR; TOKEN FINES
AS  PART  OF A TOKEN ECONOMY SYSTEM; BRIEF PHYSICAL PROMPTS TO INTERRUPT
OR PREVENT A SPECIFIC BEHAVIOR; INTERVENTIONS  MEDICALLY  NECESSARY  FOR
THE  TREATMENT  OR  PROTECTION  OF  THE STUDENT; OR OTHER SIMILAR INTER-
VENTIONS.
  (II) "CHILD" MEANS AN INDIVIDUAL WHO IS TWENTY-ONE  YEARS  OF  AGE  OR
LESS,  PROVIDED  THAT  A  MEMBER AGENCY MAY UTILIZE AN ALTERNATIVE DEFI-
NITION OF A CHILD, INCLUDING SPECIFYING A DIFFERENT AGE, FOR PURPOSES OF
COMPLIANCE WITH THIS SUBDIVISION, SO LONG AS SUCH DEFINITION IS STANDARD
AND APPROPRIATE TO ITS PLACEMENT PROCEDURES.
  (III) "MEMBER AGENCY" MEANS A STATE AGENCY THAT IS  A  MEMBER  OF  THE
OUT-OF-STATE PLACEMENT COMMITTEE.
  (IV)  "PUBLIC FUNDING" MEANS FUNDING FOR CARE, SERVICES, PROGRAMS, AND
SERVICES PROGRAMS WHICH ARE PROVIDED OR APPROVED DIRECTLY OR  INDIRECTLY
BY  OR  UNDER  THE JURISDICTION OF A MEMBER AGENCY, EXCLUSIVE OF FUNDING
FOR WHICH FEDERAL REQUIREMENTS OR  DIRECTIVES  OVERRIDE,  SUPERSEDE,  OR
REQUIRE APPROVAL IN A MANNER CONTRARY TO THE REQUIREMENTS OF THIS SUBDI-
VISION,  OR  FOR WHICH, IN THE JUDGMENT OF THE MEMBER AGENCY, COMPLIANCE
WITH THIS SUBDIVISION WOULD VIOLATE FEDERAL LAW OR REGULATIONS.
  (V) THE TERMS "CARE," "SERVICES," AND  "SERVICES  PROGRAMS"  HAVE  THE
SAME   MEANINGS   AS   IN   SUBDIVISION  ONE  OF  SECTION  FOUR  HUNDRED
EIGHTY-THREE-B OF THIS ARTICLE.
  (VI) "SCHOOL" MEANS  ANY  RESIDENTIAL  OR  NON-RESIDENTIAL  PUBLIC  OR
PRIVATE  SCHOOL  LOCATED  WITHIN  OR  OUTSIDE  THE  STATE  THAT PROVIDES
INSTRUCTION TO  A  CHILD  AND  THAT:    (A)  IS  SUBJECT  TO  OVERSIGHT,
INSPECTION,  REGULATION,  APPROVAL  OR LICENSURE OR CERTIFICATION BY ANY
MEMBER AGENCY; OR (B) RECEIVES PUBLIC FUNDING, INCLUDING FUNDING FOR THE
PLACEMENT OF ANY CHILD IN SUCH SCHOOL.  SCHOOL AS USED HEREIN INCLUDES A
PUBLIC SCHOOL, BOCES, CHARTER SCHOOL, PRESCHOOL PROGRAM, PRIVATE SCHOOL,
STATE-OPERATED  OR  STATE-SUPPORTED  SCHOOL  IN  THIS  STATE,   APPROVED
OUT-OF-STATE DAY OR RESIDENTIAL SCHOOL, OR REGISTERED NONPUBLIC NURSERY,
KINDERGARTEN, ELEMENTARY OR SECONDARY SCHOOL IN THIS STATE.
  (VII)  "PROGRAM"  MEANS  ANY  RESIDENTIAL OR NON-RESIDENTIAL PUBLIC OR
PRIVATE PROGRAM, OTHER THAN A  SCHOOL,  THAT  PROVIDES  CARE,  SERVICES,
PROGRAMS,  AND  SERVICES PROGRAMS TO A CHILD AND THAT: (A) IS SUBJECT TO
OVERSIGHT, INSPECTION, REGULATION,  APPROVAL  OR  LICENSURE  OR  CERTIF-
ICATION  BY ANY MEMBER AGENCY; OR (B) RECEIVES PUBLIC FUNDING, INCLUDING
FUNDING FOR THE PLACEMENT OF ANY CHILD IN SUCH SCHOOL.
  S 2. Severability. If any portion of this act or the application ther-
eof to any person or circumstances shall be adjudged invalid by a  court
of  competent  jurisdiction, such order or judgment shall be confined in
its operation to the controversy in which it was rendered, and shall not
affect or invalidate the remainder of any provision of this act  or  the
application of any part thereof to any other person or circumstances and
to this end each of the provisions of this act are hereby declared to be
separable.
  S 3. This act shall take effect October 1, 2013; provided that, effec-
tive  immediately, member agencies of the out-of-state placement commit-
tee are authorized and directed to promulgate any regulations  necessary
to implement the provisions of this act on such effective date.