S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5906
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed 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;
   D.  BE  FREE  FROM  PHYSICAL  RESTRAINT, SECLUSION, AND EXCLUSION FROM
 SOCIAL INTERACTION EXCEPT AS OTHERWISE AUTHORIZED BY LAW AND REGULATION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02467-01-3
              

 S. 5906                             2
 
   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-
 DENTIAL  FACILITIES  OPERATED  BY  THE  OFFICE  OF  CHILDREN  AND FAMILY
 SERVICES.
 S. 5906                             3
 
   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.