S T A T E   O F   N E W   Y O R K
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                                  10052

                          I N  A S S E M B L Y

                               May 6, 2016
                               ___________

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

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:

  Section 1. Section 462-b of the  social  services  law  is  renumbered
section 462-c and a new section 462-b is added to read as follows:
  S  462-B.  RIGHTS  OF  YOUTH  IN DETENTION AND RESIDENTIAL CARE. 1. IN
ORDER TO ENSURE THAT RESIDENTS OF FACILITIES OR PROGRAMS FOR YOUTH OPER-
ATED, LICENSED OR  CERTIFIED  BY  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES ARE TREATED CONSISTENTLY WITH THE LAWS AND REGULATIONS, AND ARE
ASSURED  APPROPRIATE AND QUALITY CARE, THE COMMISSIONER OF THE OFFICE OF
CHILDREN AND FAMILY  SERVICES  SHALL  PROMULGATE  REGULATIONS  INFORMING
RESIDENTS OF THEIR RIGHTS UNDER LAW. SUCH REGULATIONS SHALL INCLUDE, BUT
NOT BE LIMITED TO, INFORMING RESIDENTS THAT THEY HAVE THE RIGHT TO:
  A.  A  SAFE,  SANITARY  AND  NURTURING ENVIRONMENT FREE FROM ABUSE AND
MISTREATMENT BY EMPLOYEES AND OTHER RESIDENTS OF THE FACILITY  OR  RESI-
DENCE  WHICH MAY CAUSE A CHILD TO BECOME AN ABUSED OR NEGLECTED CHILD AS
DEFINED IN SUBDIVISION ELEVEN OF SECTION FOUR  HUNDRED  EIGHTY-EIGHT  OF
THIS CHAPTER AND OTHER RESIDENTS OF THE FACILITY OR RESIDENCE;
  B.  AN INDIVIDUAL SERVICES OR TREATMENT PLAN, APPROPRIATE FOR THE TYPE
OF FACILITY AND DESIGNED WITH THE ACTIVE PARTICIPATION OF THE YOUTH, AND
THE PARENT OR GUARDIAN, TO THE EXTENT POSSIBLE;
  C. THE FOLLOWING SHOULD NOT BE WITHHELD  AS  A  DISCIPLINARY  MEASURE:
NUTRITION, HYDRATION, SLEEP, EXERCISE, EDUCATION, BEDDING, A DAILY SHOW-
ER,  WATER,  A  TOILET,  MEDICAL SERVICES, READING MATERIAL, AND CONTACT
WITH PARENTS, GUARDIANS, OR ATTORNEYS, EXCEPT IN THE EVENT SUCH  CONTACT
POSES A SAFETY THREAT TO THE YOUTH OR OTHERS;
  D.  BE  FREE  FROM  PHYSICAL  RESTRAINT, SECLUSION, AND EXCLUSION FROM
SOCIAL INTERACTION EXCEPT AS OTHERWISE AUTHORIZED BY LAW AND REGULATION;
  E. RECEIVE ADEQUATE AND APPROPRIATE MEDICAL, DENTAL, VISION AND MENTAL
HEALTH SERVICES CONSISTENT WITH THE RULES AND REGULATIONS PROMULGATED BY
THE AGENCY OPERATING, CERTIFYING OR SUPERVISING THE FACILITY OR PROGRAM,

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

                                                           LBD15017-01-6

A. 10052                            2

PROVIDED THE AGENCY HAS REASONABLE  ACCESS  TO  THE  PROVISION  OF  SUCH
SERVICES  AND THAT NECESSARY CONSENTS HAVE BEEN SOUGHT AND OBTAINED FROM
THE  APPROPRIATE  INDIVIDUALS,  AND  WHICH  SERVICES  SHALL  INCLUDE   A
MEDICALLY  APPROPRIATE  MEDICATION  PRESCRIBING  PRACTICE, INCLUDING THE
PROVISION OF INFORMATION ABOUT MEDICATIONS;
  F. COMMUNICATE THROUGH LETTERS, PHONE CALLS AND VISITS WITH  A  PARENT
OR  PARENTS,  OTHER FAMILY MEMBERS, GUARDIANS OR OTHER SIGNIFICANT INDI-
VIDUALS, ABSENT LEGAL, CLINICAL OR PROGRAMMATIC IMPEDIMENTS  WHICH  MUST
BE DOCUMENTED IN THE YOUTH'S CASE RECORD;
  G.  MAKE  AND  RECEIVE  CONFIDENTIAL TELEPHONE CALLS, SEND AND RECEIVE
CONFIDENTIAL  MAIL,  AND  HAVE  CONFIDENTIAL  VISITS   WITH   ATTORNEYS,
OMBUDSPERSONS,  JUDGES,  AND  RELIGIOUS AND SPIRITUAL ADVISERS AND THEIR
AUTHORIZED REPRESENTATIVES AS WELL AS LEGAL SERVICE ORGANIZATIONS  WHERE
SUCH ORGANIZATIONS HAVE BEEN CONTACTED BY THE YOUTH OR BY SOMEONE ON THE
YOUTH'S BEHALF;
  H. EXPRESS GRIEVANCES, CONCERNS AND SUGGESTIONS TO STAFF OF THE FACIL-
ITY OR THE OMBUDSPERSON, WHERE AVAILABLE, WITHOUT FEAR OF RETRIBUTION;
  I.  HAVE  ACCESS  TO  RECREATIONAL  ACTIVITIES  AND COMMUNITY PROGRAMS
INCLUDING DAILY OUTDOOR OR EXERCISE ACTIVITIES BASED UPON THE  LEVEL  OF
CARE UNLESS THERE ARE LEGAL, CLINICAL, OR PROGRAMMATIC IMPEDIMENTS WHICH
SHALL BE DOCUMENTED IN THE YOUTH'S CASE RECORD BASED UPON LEVEL OF CARE;
  J.  PARTICIPATE  IN AVAILABLE RELIGIOUS ACTIVITIES THAT DO NOT CONSTI-
TUTE A THREAT TO THE SAFETY, SECURITY, OR  HEALTH  OF  OTHER  RESIDENTS.
ABSTENTION FROM SUCH ACTIVITIES SHALL NOT RESULT IN FEAR OF RETRIBUTION;
  K.  HAVE AND DISPLAY PHOTOGRAPHS IN THEIR PERSONAL LIVING SPACE ABSENT
LEGAL OR CLINICAL IMPEDIMENTS;
  L. RECEIVE AN APPROPRIATE EDUCATION IN THE LEAST RESTRICTIVE  ENVIRON-
MENT AS APPROPRIATE TO THE SPECIFIC RESIDENTIAL SETTING;
  M.  BE  FREE  OF  HARASSMENT  FROM EMPLOYEES OR YOUTH IN FACILITIES OR
PROGRAMS;
  N. BE CALLED BY THE NAME OF THEIR CHOOSING, EXCEPT  IN  THE  EVENT  IT
POSES A SAFETY THREAT;
  O. EXPRESS THEIR GENDER IDENTITY THROUGH APPROPRIATE UNDERGARMENTS AND
HAIR STYLE;
  P. BE FREE FROM BEING SUBJECTED TO DISCRIMINATION BASED ON THE YOUTH'S
ACTUAL  OR  PERCEIVED  RACE, COLOR, NATIONAL ORIGIN, ETHNIC GROUP, RELI-
GION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, GENDER, GENDER
IDENTITY OR SEX BY EMPLOYEES OR YOUTH IN FACILITIES OR PROGRAMS  AND  BE
FREE TO EXPRESS GENDER IDENTITY; AND
  Q.  AN AGE APPROPRIATE VERSION OF THE POLICY OUTLINED IN THIS SECTION,
WRITTEN IN PLAIN LANGUAGE, SHALL BE PRESENTED TO EACH YOUTH UPON HIS  OR
HER ORIENTATION TO ANY FACILITY OR PROGRAM.
  2.  NOTHING IN THIS SECTION SHALL CREATE AN INDEPENDENT LEGAL CAUSE OF
ACTION UNLESS OTHERWISE PROVIDED BY LAW.
  S 2. The executive law is amended by adding a  new  section  504-c  to
read as follows:
  S  504-C. YOUTH ADVISORY BOARDS WITHIN RESIDENTIAL FACILITIES OPERATED
BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.  1. YOUTH ADVISORY BOARDS
SHALL BE ESTABLISHED WITHIN THE OFFICE OF CHILDREN AND FAMILY  SERVICES.
THE  COMMISSIONER  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, OR HIS
OR HER DESIGNEE, SHALL ESTABLISH YOUTH ADVISORY BOARDS WITHIN ALL  RESI-
DENTIAL  FACILITIES  OPERATED  BY  THE  OFFICE  OF  CHILDREN  AND FAMILY
SERVICES.
  2. YOUTH ADVISORY BOARDS SHALL ASSIST IN THE DEVELOPMENT  OF  POLICIES
AFFECTING YOUTH IN CARE, HAVE INPUT ON THE DELIVERY OF SERVICES PROVIDED
AT  RESIDENTIAL FACILITIES, AND COMMUNICATE THEIR RECOMMENDATIONS TO THE

A. 10052                            3

COMMISSIONER, OR HIS OR HER DESIGNEE,  AND  SHALL  HAVE  ACCESS  TO  ANY
EXISTING  RESOURCES NECESSARY TO COMMUNICATE SUCH RECOMMENDATIONS. YOUTH
ADVISORY BOARDS SHALL MEET WITH THE OMBUDSMAN ON A PERIODIC BASIS OR  AT
THE  SPECIFIC  REQUEST  OF  SUCH BOARDS. THE OMBUDSMAN SHALL ACCOMMODATE
SPECIFIC MEETING REQUESTS AS SOON AS PRACTICABLE  AFTER  RECEIVING  SUCH
REQUEST OR REQUESTS.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately  the  office  of  children  and
family  services  is  authorized to promulgate on an emergency basis any
and all rules and regulations necessary to implement  this  act  on  its
effective date.