BILL NUMBER: S3516

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to article 17 of the constitution, in relation to preventing and miti-
gating adverse childhood experiences

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent and mitigate the impacts of adverse childhood experiences

 
SUMMARY OF PROVISIONS:

Amends the State Constitution to declare that the prevention and miti-
gation of adverse childhood experiences (ACES) is a matter of public
concern and requires that ACEs are addressed by the state and its subdi-
visions.

 
JUSTIFICATION:
              

According to the American Academy of Pediatrics, "highly stressful expe-
riences can cause irreparable harm, disrupting a child's brain architec-
ture," and that "prolonged exposure to serious stress - known as toxic
stress - can carry lifelong consequences for children."

Toxic stress is the "strong, frequent or prolonged activation of the
body's stress response systems." The physiological responses to toxic
stress include increased production and levels of stress hormones,
cortisol, norepinephrine, and adrenaline. High levels or prolonged expo-
sure to these hormones are toxic to the body and brain.

Scientists have found that exposure to toxic stress and the elevated
levels of stress hormones damage the structure and function of a child's
developing brain. Specifically, elevated levels of cortisol produce
changes in the connectivity within the prefrontal cortex.

The prefrontal cortex is the part of the brain with primary influence on
the following cognitive processes: planning, working memory, attention,
inhibition, self-monitoring, self-regulation, and initiation.

The consequences for children who have experienced trauma and the toxic
stress it produces can include learning difficulties, behavioral prob-
lems, difficulty regulating emotions, and potentially debilitating phys-
ical and mental health issues.

When left unaddressed, exposure to the trauma of ACEs frequently has
both short and long-term implications for a child's health. These can
include headaches, fatigue, anxiety, irritability, emotional outbursts,
cutting, over and under eating, alcohol and substance abuse, and
suicide, as well as cardiovascular disease, asthma, obesity, cancer,
heart disease, and autoimmune diseases among others.

The list of Adverse Childhood Experiences (ACES) that cause toxic stress
include: physical abuse, physical neglect, emotional abuse, emotional
neglect, sexual abuse, substance abuse of a family member, mental
illness of a family member, loss of a parent through death, divorce and
or incarceration, and exposure to domestic violence.(8) Research demon-
strates that ACEs affect a person's health and overall wellbeing into
adulthood and is frequently passed down from parent to child.

As policymakers, we must therefore acknowledge that we have been allow-
ing a de facto system of generational trauma to continue, and take
responsibility for all of the consequences for our constituents, our
communities and our state.

The prevention of trauma and the mitigation of the effects of previously
experienced trauma are therefore public concerns.

This constitutional amendment has been written and introduced for two
specific purposes. The first is to facilitate a public conversation and
eventual acknowledgement of the breadth and depth of the consequences of
ACEs and trauma for all New Yorkers.

The second purpose is to express, in the principal legal document of New
York State, a positive, fundamental duty to enact public policy with an
eye toward the prevention and mitigation of ACEs and trauma.

In so doing, the prevention and mitigation of ACEs and trauma will
inform decision-making in the following public policy areas:  Education,
Higher Education, Health, Mental Health, Insurance, Human Servic-
es,Housing, Labor, Alcoholism and Substance Abuse, the Penal Code, Judi-
ciary, Corrections, and Economic Development among others.

The future policy opportunities and implications of this constitutional
amendment not only span all of the policy areas listed above, each of
which has considerable impact on the lives of every New Yorker, but has
the potential to be transformational in each.

By keeping future policy focused on ACEs and trauma, New York State will
be able to significantly reduce the pervasiveness of some of our most
pressing societal problems. These include, but are not limited to,
generational poverty, various healthcare crises, educational achievement
gaps, ineffective economic and workforce development programs, child
welfare failures, increased rates of alcohol and substance abuse, and
recidivism and involvement with the criminal justice system.

Finally, it is expected that this constitutional amendment will guide
future public policy toward the prevention of ACEs and trauma, thereby
redirecting our policy efforts to address societal problems before they
metastasize and become unmanageable. By doing so, this amendment has the
potential to foster the creation of new public policies that will save
taxpayers billions of dollars annually.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S1067 / A3074

2020: S7884 / A10017

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Resolved that the foregoing amendment be referred to the first regular
legislative session convening after the next succeeding general election
of members of the assembly, and, in conformity with section 1 of article
19 of the constitution, be published for 3 months previous to the time
of such election.