Bill Text: NY S05159 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes a bill of rights for children in residential care in facilities operated by various state agencies including mental health, social services and the division for youth, to assure that all children will receive appropriate care and treatment including the right to be free from abuse, to have an individualized treatment plan, to receive safe medication and communication with family members, to recreation, religious freedom and to an appropriate education.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S05159 Detail]
Download: New_York-2009-S05159-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5159
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. MORAHAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities
AN ACT to amend the mental hygiene law, the social services law and the
education law, in relation to establishing a bill of rights for chil-
dren in residential care
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The mental hygiene law is amended by adding a new section
2 33.19 to read as follows:
3 S 33.19 RIGHTS OF CHILDREN IN RESIDENTIAL CARE.
4 (A) IN ORDER TO ENSURE THAT CHILDREN PLACED IN RESIDENTIAL PROGRAMS
5 OPERATED OR LICENSED BY THE OFFICE OF MENTAL HEALTH OR OFFICE OF MENTAL
6 RETARDATION AND DEVELOPMENTAL DISABILITIES ARE ASSURED APPROPRIATE CARE,
7 THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH AND THE COMMISSIONER OF
8 THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES SHALL
9 PROMULGATE REGULATIONS REGARDING RIGHTS OF SUCH CHILDREN IN RESIDENTIAL
10 CARE. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:
11 1. THE RIGHT TO A SAFE, NURTURING ENVIRONMENT FREE FROM ABUSE AND
12 MISTREATMENT BY EMPLOYEES AND OTHER RESIDENTS OF THE FACILITY;
13 2. THE RIGHT TO AN INDIVIDUALIZED PLAN OF TREATMENT SERVICES DESIGNED
14 WITH THE ACTIVE PARTICIPATION OF THE CHILD, TO THE EXTENT POSSIBLE AND
15 CLINICALLY APPROPRIATE, AND THE PARENT OR GUARDIAN;
16 3. THE RIGHT TO BE FREE FROM PHYSICAL RESTRAINT AND SECLUSION, EXCEPT
17 AS OTHERWISE AUTHORIZED BY LAW OR REGULATION, PROVIDED, HOWEVER, NO
18 MECHANICAL RESTRAINT OR SECLUSION MAY BE USED IF THE CHILD IS UNDER
19 TWELVE YEARS OF AGE;
20 4. THE RIGHT TO SAFE MEDICATION PRESCRIBING PRACTICES, INCLUDING THE
21 PROVISION OF INFORMATION ABOUT MEDICATIONS AND, SUBJECT TO THE
22 PROVISIONS OF SUBDIVISION (E) OF SECTION 33.21 OF THIS ARTICLE, CONSENT
23 FOR PSYCHOTROPIC MEDICATIONS FROM THE PARENT OR GUARDIAN;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09054-01-9
S. 5159 2
1 5. THE RIGHT TO COMMUNICATE THROUGH LETTERS, PHONE CALLS AND VISITS
2 WITH PARENT OR PARENTS, OTHER FAMILY MEMBERS, GUARDIANS OR OTHER SIGNIF-
3 ICANT INDIVIDUALS, ABSENT LEGAL OR CLINICAL IMPEDIMENTS WHICH MUST BE
4 DOCUMENTED IN THE CASE RECORD OF SUCH CHILD;
5 6. THE RIGHT TO ACCESS MEANINGFUL RECREATIONAL ACTIVITIES AND COMMUNI-
6 TY PROGRAMS INCLUDING DAILY OUTDOOR OR EXERCISE ACTIVITIES UNLESS THERE
7 ARE LEGAL OR CLINICAL IMPEDIMENTS WHICH SHALL BE DOCUMENTED IN THE CASE
8 RECORD OF THE CHILD;
9 7. THE RIGHT TO EXPRESS GRIEVANCES, CONCERNS AND SUGGESTIONS AND TO
10 COMMUNICATE WITH THE MENTAL HYGIENE LEGAL SERVICE, COMMISSION ON QUALITY
11 OF CARE FOR THE MENTALLY DISABLED, AND THE PROTECTION AND ADVOCACY
12 PROGRAMS ADMINISTERED BY SUCH COMMISSION WITHOUT FEAR OF RETRIBUTION;
13 8. THE RIGHT TO PARTICIPATE IN RELIGIOUS ACTIVITIES; AND
14 9. THE RIGHT TO RECEIVE AN APPROPRIATE EDUCATION IN THE LEAST RESTRIC-
15 TIVE ENVIRONMENT.
16 (B) THE FOREGOING RIGHTS MAY NOT BE LIMITED AS A PUNISHMENT, FOR THE
17 CONVENIENCE OF STAFF, OR MADE CONTINGENT AS PART OF A TREATMENT PLAN.
18 THE COMMISSIONERS AND FACILITY DIRECTOR OR CHIEF ADMINISTRATIVE OFFICER
19 OF ANY SUCH RESIDENTIAL PROGRAM SHALL ENSURE THAT CHILDREN AND THEIR
20 PARENTS OR GUARDIANS ARE INFORMED OF SUCH RIGHTS.
21 S 2. The social services law is amended by adding a new section 462-c
22 to read as follows:
23 S 462-C. RIGHTS OF CHILDREN IN RESIDENTIAL CARE. 1. IN ORDER TO ENSURE
24 THAT CHILDREN PLACED IN RESIDENTIAL PROGRAMS OPERATED, LICENSED OR
25 CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES ARE ASSURED
26 APPROPRIATE CARE, THE COMMISSIONER OF SUCH OFFICE SHALL PROMULGATE RULES
27 AND REGULATIONS REGARDING THE RIGHTS OF SUCH CHILDREN IN RESIDENTIAL
28 CARE. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:
29 (A) THE RIGHT TO A SAFE, NURTURING ENVIRONMENT FREE FROM ABUSE AND
30 MISTREATMENT BY EMPLOYEES AND OTHER RESIDENTS OF THE FACILITY;
31 (B) THE RIGHT TO AN INDIVIDUALIZED PLAN OF TREATMENT SERVICES DESIGNED
32 WITH THE ACTIVE PARTICIPATION OF THE CHILD, TO THE EXTENT POSSIBLE AND
33 CLINICALLY APPROPRIATE, AND THE PARENT OR GUARDIAN;
34 (C) THE RIGHT TO BE FREE FROM PHYSICAL RESTRAINT AND SECLUSION, EXCEPT
35 AS OTHERWISE AUTHORIZED BY LAW OR REGULATION, PROVIDED, HOWEVER, NO
36 MECHANICAL RESTRAINT OR SECLUSION MAY BE USED IF THE CHILD IS UNDER
37 TWELVE YEARS OF AGE;
38 (D) THE RIGHT TO SAFE MEDICATION PRESCRIBING PRACTICES, INCLUDING THE
39 PROVISION OF INFORMATION ABOUT MEDICATIONS AND, SUBJECT TO THE
40 PROVISIONS OF SUBDIVISION (E) OF SECTION 33.21 OF THE MENTAL HYGIENE
41 LAW, CONSENT FOR PSYCHOTROPIC MEDICATIONS FROM THE PARENT OR GUARDIAN;
42 (E) THE RIGHT TO COMMUNICATE THROUGH LETTERS, PHONE CALLS AND VISITS
43 WITH PARENT OR PARENTS, OTHER FAMILY MEMBERS, GUARDIANS OR OTHER SIGNIF-
44 ICANT INDIVIDUALS, ABSENT LEGAL OR CLINICAL IMPEDIMENTS WHICH MUST BE
45 DOCUMENTED IN THE CASE RECORD OF SUCH CHILD;
46 (F) THE RIGHT TO ACCESS MEANINGFUL RECREATIONAL ACTIVITIES AND COMMU-
47 NITY PROGRAMS INCLUDING DAILY OUTDOOR OR EXERCISE ACTIVITIES UNLESS
48 THERE ARE LEGAL OR CLINICAL IMPEDIMENTS WHICH SHALL BE DOCUMENTED IN THE
49 CASE RECORD OF THE CHILD;
50 (G) THE RIGHT TO EXPRESS GRIEVANCES, CONCERNS AND SUGGESTIONS WITHOUT
51 FEAR OF RETRIBUTION;
52 (H) THE RIGHT TO PARTICIPATE IN RELIGIOUS ACTIVITIES; AND
53 (I) THE RIGHT TO RECEIVE AN APPROPRIATE EDUCATION IN THE LEAST
54 RESTRICTIVE ENVIRONMENT.
55 2. THE FOREGOING RIGHTS MAY NOT BE LIMITED AS A PUNISHMENT, FOR THE
56 CONVENIENCE OF STAFF, OR MADE CONTINGENT AS PART OF A TREATMENT PLAN.
S. 5159 3
1 THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES AND CHIEF
2 ADMINISTRATIVE OFFICER OF ANY SUCH RESIDENTIAL PROGRAM SHALL ENSURE THAT
3 CHILDREN AND THEIR PARENTS OR GUARDIANS ARE INFORMED OF SUCH RIGHTS.
4 S 3. The education law is amended by adding a new section 4411 to read
5 as follows:
6 S 4411. RIGHTS OF CHILDREN IN RESIDENTIAL CARE. 1. IN ORDER TO ENSURE
7 THAT CHILDREN PLACED IN RESIDENTIAL PROGRAMS OPERATED OR APPROVED BY THE
8 DEPARTMENT ARE ASSURED APPROPRIATE CARE, THE COMMISSIONER SHALL PROMUL-
9 GATE RULES AND REGULATIONS REGARDING THE RIGHTS OF SUCH CHILDREN IN
10 RESIDENTIAL CARE. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:
11 A. THE RIGHT TO A SAFE, NURTURING ENVIRONMENT FREE FROM ABUSE AND
12 MISTREATMENT BY EMPLOYEES AND OTHER RESIDENTS OF THE FACILITY;
13 B. THE RIGHT TO AN INDIVIDUALIZED EDUCATION PROGRAM DESIGNED WITH THE
14 ACTIVE PARTICIPATION OF THE CHILD, TO THE EXTENT POSSIBLE AND CLINICALLY
15 APPROPRIATE, AND THE PARENT OR GUARDIAN;
16 C. THE RIGHT TO BE FREE FROM PHYSICAL RESTRAINT AND SECLUSION, EXCEPT
17 AS OTHERWISE AUTHORIZED BY LAW OR REGULATION, PROVIDED, HOWEVER, NO
18 MECHANICAL RESTRAINT OR SECLUSION MAY BE USED IF THE CHILD IS UNDER
19 TWELVE YEARS OF AGE;
20 D. THE RIGHT TO SAFE MEDICATION PRESCRIBING PRACTICES, INCLUDING THE
21 PROVISION OF INFORMATION ABOUT MEDICATIONS AND, SUBJECT TO THE
22 PROVISIONS OF SUBDIVISION (E) OF SECTION 33.21 OF THE MENTAL HYGIENE
23 LAW, CONSENT FOR PSYCHOTROPIC MEDICATIONS FROM THE PARENT OR GUARDIAN;
24 E. THE RIGHT TO COMMUNICATE THROUGH LETTERS, PHONE CALLS AND VISITS
25 WITH PARENT OR PARENTS, OTHER FAMILY MEMBERS, GUARDIANS OR OTHER SIGNIF-
26 ICANT INDIVIDUALS, ABSENT LEGAL OR CLINICAL IMPEDIMENTS WHICH MUST BE
27 DOCUMENTED IN THE CASE RECORD OF SUCH CHILD;
28 F. THE RIGHT TO ACCESS MEANINGFUL RECREATIONAL ACTIVITIES AND COMMUNI-
29 TY PROGRAMS INCLUDING DAILY OUTDOOR OR EXERCISE ACTIVITIES UNLESS THERE
30 ARE LEGAL OR CLINICAL IMPEDIMENTS WHICH SHALL BE DOCUMENTED IN THE CASE
31 RECORD OF THE CHILD;
32 G. THE RIGHT TO EXPRESS GRIEVANCES, CONCERNS AND SUGGESTIONS WITHOUT
33 FEAR OF RETRIBUTION;
34 H. THE RIGHT TO PARTICIPATE IN RELIGIOUS ACTIVITIES; AND
35 I. THE RIGHT TO RECEIVE AN APPROPRIATE EDUCATION IN THE LEAST RESTRIC-
36 TIVE ENVIRONMENT.
37 2. THE FOREGOING RIGHTS MAY NOT BE LIMITED AS A PUNISHMENT, FOR THE
38 CONVENIENCE OF STAFF, OR MADE CONTINGENT AS PART OF AN INDIVIDUALIZED
39 EDUCATION PROGRAM. THE COMMISSIONER AND DIRECTOR OR CHIEF ADMINISTRATIVE
40 OFFICER OF ANY SUCH RESIDENTIAL PROGRAM SHALL ENSURE THAT CHILDREN AND
41 THEIR PARENTS OR GUARDIANS ARE INFORMED OF SUCH RIGHTS.
42 S 4. This act shall take effect on the first of January next succeed-
43 ing the date on which it shall have become a law.
