S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    525
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of A. PERRY, WRIGHT -- 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:
   §  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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05270-01-9

 A. 525                              2
 
   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,
 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.
   §  2.  The  executive  law is amended by adding a new section 504-c to
 read as follows:
   § 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-

 A. 525                              3
 
 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
 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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.  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 to be made  and  completed
 on or before such date.