BILL NUMBER:S2553

TITLE OF BILL:

An act to amend the executive law, in relation to establishing 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 residential
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, are valuable for people
in all areas and youth peer supports are no exception. Youth in
residential care 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
navigate 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
facilities 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 mentoring program is not sufficient to provide the
independent oversight that is necessary in our state operated juvenile
detention centers, it can play an important role in bringing a voice
to these youth and some transparency to the system while at the same
time providing real examples and connections to a future filled with
hope and opportunities.

LEGISLATIVE HISTORY:

2012-13: S.897/A.4356 - Referred to Children and Families
2011-12:  S.3076/A.7038 - Referred to Children and Families
2010-11: S.6961/A.10806 - Referred to Children and Families/Finance

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

90 days after enactment.