S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2541
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BARRON,  BICHOTTE HERMELYN, HYNDMAN, TAYLOR,
   COLTON, J. RIVERA, EPSTEIN, JEAN-PIERRE,  WILLIAMS,  GLICK  --  Multi-
   Sponsored by -- M. of A.  COOK, DAVILA, DE LA ROSA, GOTTFRIED, MONTES-
   ANO,  O'DONNELL, SIMON, STECK, WALKER -- read once and referred to the
   Committee on Children and Families

 AN ACT to amend the  mental  hygiene  law  and  the  executive  law,  in
   relation  to  providing legal assistance to youth ordered by the court
   into the custody of the office of children  and  family  services  and
   placed or committed to a state operated juvenile detention center
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 47.01 of the mental hygiene law,
 as amended by chapter 658 of the laws of 2019, is  amended  to  read  as
 follows:
   (a) There shall be a mental hygiene legal service of the state in each
 judicial  department.  The  service  shall  provide  legal assistance to
 patients or residents of a facility as defined in section 1.03  of  this
 chapter,  patients  or  residents  of  residential healthcare facilities
 licensed and operating pursuant to article twenty-eight  of  the  public
 health law who have been admitted directly from a facility as defined in
 section  1.03  of  this chapter and who have a serious mental illness as
 defined in section 1.03 of  this  chapter  and  are  receiving  services
 related  to  such  illness,  or  any  other  place  or facility which is
 required to have an operating certificate pursuant to article sixteen or
 thirty-one of this chapter, and to persons alleged to be in need of care
 and treatment in such facilities or places, and to persons  entitled  to
 such  legal  assistance  as provided by article ten of this chapter. THE
 SERVICE SHALL ALSO PROVIDE LEGAL ASSISTANCE  TO  YOUTH  OFFERED  BY  THE
 COURT INTO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES AND
 PLACED  OR  COMMITTED TO A STATE OPERATED JUVENILE DETENTION CENTER. The
 head of such service in each judicial department and such assistants and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00294-01-1

 A. 2541                             2
 
 such staff as may be necessary shall be appointed and may be removed  by
 the  presiding justice of the appellate division of the judicial depart-
 ment. Appointments and transfers to the service shall  comply  with  the
 provisions of the civil service law. Standards for qualifications of the
 personnel  in  the service shall be established by the presiding justice
 of the appellate division of  the  judicial  department.  The  presiding
 justice  of  the  appellate  division  of  the judicial department shall
 promulgate such rules or regulations as may be necessary  to  effectuate
 the purposes of this article.
   §  2. Section 47.03 of the mental hygiene law, as added by chapter 789
 of the laws of 1985, subdivision (c) as amended by chapter  408  of  the
 laws of 1999, subdivisions (d) and (e) as amended and subdivision (f) as
 added by chapter 7 of the laws of 2007, is amended to read as follows:
 § 47.03 Functions, powers and duties of the service.
   The  mental  hygiene  legal service in each judicial department of the
 state shall perform the following duties:
   (a) To study and review the admission and retention of all patients or
 residents which shall include a review of the willingness of the patient
 or resident to remain in his or her status and the determination of  the
 facility  director  as to suitability of such status, as provided for by
 this chapter;
   (b) To inform patients or  residents  and,  in  proper  cases,  others
 interested  in  such  persons'  welfare  of procedures for admission and
 retention and of the patients' or  residents'  right  to  have  judicial
 hearing  and  review,  to  be  represented by legal counsel, and to seek
 independent medical opinion;
   (c) To provide legal services and assistance to patients or  residents
 and  their  families  related  to the admission, retention, and care and
 treatment of such persons, to provide legal services and  assistance  to
 subjects of a petition or patients subject to section 9.60 of this chap-
 ter,  and to inform patients or residents, their families and, in proper
 cases, others interested in the patients' or residents' welfare  of  the
 availability  of  other  legal  resources  which may be of assistance in
 matters not directly related to the admission, retention, and  care  and
 treatment of such patients or residents;
   (d)  TO  PROVIDE  LEGAL  SERVICES  AND ASSISTANCE TO YOUTH RESIDING IN
 JUVENILE DETENTION CENTERS AND THEIR FAMILIES RELATED TO THE  RETENTION,
 CARE  AND TREATMENT OF SUCH PERSONS, AND TO INFORM YOUTH AND THEIR FAMI-
 LIES AND IN PROPER CASES, OTHERS INTERESTED IN THE YOUTHS'  WELFARE,  OF
 THE  AVAILABILITY OF OTHER LEGAL RESOURCES WHICH MAY BE OF ASSISTANCE IN
 MATTERS NOT DIRECTLY RELATED TO THE RETENTION,  CARE  AND  TREATMENT  OF
 SUCH YOUTH;
   (E) To be granted access at any and all times to any facility or place
 or  part  thereof  described in subdivision (a) of section 47.01 of this
 article, and to all books, records  and  data  pertaining  to  any  such
 facility  or  place  deemed  necessary  for  carrying out its functions,
 powers and duties. The mental hygiene legal service may require from the
 officers or employees of such facility or place any  information  deemed
 necessary  for  the  purpose  of  carrying  out the service's functions,
 powers and duties. Information, books, records or data which are  confi-
 dential  and  any limitations on the release thereof imposed by law upon
 the party furnishing the information, books, records or data shall apply
 to  the  service.  Provided,  however,  whenever   federal   regulations
 restrict,  or  as  a  condition  of  federal aid require that a facility
 restrict the release of information contained in the clinical record  of
 a patient or client, or restrict disclosure of the identity of a patient

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 or  access  to  that  patient, to a greater extent than is allowed under
 this section, the provisions of such federal law or  federal  regulation
 shall be controlling;
   [(e)]  (F)  To  initiate and take any legal action deemed necessary to
 safeguard the right of any patient [or], resident OR YOUTH to protection
 from abuse or mistreatment, which may  include  investigation  into  any
 such  allegations  of abuse or mistreatment of any such patient or resi-
 dent; and
   [(f)] (G) To provide legal services and assistance in accordance  with
 article ten of this chapter.
   §  3.  The  executive  law is amended by adding a new section 508-a to
 read as follows:
   § 508-A. LEGAL SERVICES AND ASSISTANCE TO YOUTH.  IN ADDITION  TO  ANY
 LAW  GUARDIAN,  COURT  APPOINTED  COUNSEL OR PRIVATE COUNSEL A YOUTH MAY
 HAVE, THE MENTAL HYGIENE LEGAL SERVICE IN EACH  JUDICIAL  DEPARTMENT  OF
 THE  STATE,  ESTABLISHED  PURSUANT  TO ARTICLE FORTY-SEVEN OF THE MENTAL
 HYGIENE LAW, SHALL PROVIDE LEGAL SERVICES AND ASSISTANCE  TO  YOUTH  AND
 THEIR FAMILY RELATING TO THE RETENTION, CARE AND TREATMENT OF SUCH YOUTH
 WHEN  SUCH  YOUTH IS ORDERED BY THE COURT INTO THE CUSTODY OF THE OFFICE
 OF CHILDREN AND FAMILY SERVICES AND PLACED OR COMMITTED TO A STATE OPER-
 ATED JUVENILE DETENTION CENTER.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that the amendments to subdivision
 (c)  of  section  47.03 of the mental hygiene law made by section two of
 this act shall not affect the expiration and reversion of such  subdivi-
 sion and shall be deemed to expire therewith. 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
 and directed to be made and completed on or before such effective date.