Bill Text: NY A05067 | 2015-2016 | General Assembly | Introduced
Bill Title: Requires the out-of-state placement committee to develop standards, regulations and recommendations for adverse crisis intervention methods and techniques.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2016-01-06 - referred to children and families [A05067 Detail]
Download: New_York-2015-A05067-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5067
2015-2016 Regular Sessions
I N A S S E M B L Y
February 12, 2015
___________
Introduced by M. of A. SIMON, PICHARDO, ROBINSON -- Multi-Sponsored by
-- M. of A. MAGEE, MOSLEY, PERRY -- read once and referred to the
Committee on Children and Families
AN ACT to amend the social services law, in relation to the development
of standards for the use of aversive interventions for children in
public and private schools and programs, including residential facili-
ties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 7, 8 and 9 of section 483-d of the social
2 services law are renumbered subdivisions 8, 9 and 10 and a new subdivi-
3 sion 7 is added to read as follows:
4 7. AVERSIVE INTERVENTIONS. (A) NO PUBLIC FUNDING SHALL SUPPORT PLACE-
5 MENT OF A CHILD IN ANY PROGRAM OR SCHOOL THAT ENGAGES IN THE USE OF
6 AVERSIVE INTERVENTIONS ON CHILDREN IN VIOLATION OF THIS SUBDIVISION. A
7 SCHOOL OR PROGRAM USING AVERSIVE INTERVENTIONS IN VIOLATION OF THIS
8 SUBDIVISION SHALL BE REMOVED FROM ANY REGISTRY OF APPROVED SCHOOLS OR
9 PROGRAMS AFTER WRITTEN NOTICE BY THE MEMBER AGENCY.
10 (B) DEFINITIONS. AS USED IN THIS SUBDIVISION:
11 (I) "AVERSIVE INTERVENTIONS" MEANS AN INTERVENTION KNOWN OR INTENDED
12 TO INDUCE PAIN OR DISCOMFORT FOR THE PURPOSE OF ELIMINATING OR REDUCING
13 MALADAPTIVE BEHAVIORS, AND INCLUDE BUT ARE NOT LIMITED TO:
14 (1) CONTINGENT APPLICATION OF NOXIOUS, PAINFUL, INTRUSIVE STIMULI OR
15 ACTIVITIES;
16 (2) ANY FORM OF NOXIOUS, PAINFUL, OR INTRUSIVE TASTE, SPRAY, OR INHA-
17 LANT;
18 (3) WITHHOLDING SLEEP, SHELTER, BEDDING, BATHROOM FACILITIES OR CLOTH-
19 ING;
20 (4) CONTINGENT FOOD PROGRAMS THAT INCLUDE DENIAL OR DELAY OF MEALS OR
21 INTENTIONALLY ALTERING STAPLE FOOD OR DRINK IN ORDER TO MAKE IT
22 DISTASTEFUL;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06104-01-5
A. 5067 2
1 (5) MOVEMENT LIMITATION USED AS A PUNISHMENT, INCLUDING BUT NOT LIMIT-
2 ED TO USE OF HELMETS AND MECHANICAL RESTRAINT DEVICES;
3 (6) ELECTRIC SHOCK THERAPY; AND
4 (7) OTHER SIMILAR STIMULI, TREATMENTS, INTERVENTIONS, OR ACTIONS.
5 THE FOREGOING TO THE CONTRARY NOTWITHSTANDING, AVERSIVE INTERVENTIONS
6 DO NOT INCLUDE INTERVENTIONS SUCH AS VOICE CONTROL, LIMITED TO LOUD,
7 FIRM COMMANDS; TIME-LIMITED IGNORING OF A SPECIFIC BEHAVIOR; TOKEN FINES
8 AS PART OF A TOKEN ECONOMY SYSTEM; BRIEF PHYSICAL PROMPTS TO INTERRUPT
9 OR PREVENT A SPECIFIC BEHAVIOR; INTERVENTIONS MEDICALLY NECESSARY FOR
10 THE TREATMENT OR PROTECTION OF THE STUDENT; OR OTHER SIMILAR INTER-
11 VENTIONS.
12 (II) "CHILD" MEANS AN INDIVIDUAL WHO IS TWENTY-ONE YEARS OF AGE OR
13 LESS, PROVIDED THAT A MEMBER AGENCY MAY UTILIZE AN ALTERNATIVE DEFI-
14 NITION OF A CHILD, INCLUDING SPECIFYING A DIFFERENT AGE, FOR PURPOSES OF
15 COMPLIANCE WITH THIS SUBDIVISION, SO LONG AS SUCH DEFINITION IS STANDARD
16 AND APPROPRIATE TO ITS PLACEMENT PROCEDURES.
17 (III) "MEMBER AGENCY" MEANS A STATE AGENCY THAT IS A MEMBER OF THE
18 OUT-OF-STATE PLACEMENT COMMITTEE.
19 (IV) "PUBLIC FUNDING" MEANS FUNDING FOR CARE, SERVICES, PROGRAMS, AND
20 SERVICES PROGRAMS WHICH ARE PROVIDED OR APPROVED DIRECTLY OR INDIRECTLY
21 BY OR UNDER THE JURISDICTION OF A MEMBER AGENCY, EXCLUSIVE OF FUNDING
22 FOR WHICH FEDERAL REQUIREMENTS OR DIRECTIVES OVERRIDE, SUPERSEDE, OR
23 REQUIRE APPROVAL IN A MANNER CONTRARY TO THE REQUIREMENTS OF THIS SUBDI-
24 VISION, OR FOR WHICH, IN THE JUDGMENT OF THE MEMBER AGENCY, COMPLIANCE
25 WITH THIS SUBDIVISION WOULD VIOLATE FEDERAL LAW OR REGULATIONS.
26 (V) THE TERMS "CARE," "SERVICES," AND "SERVICES PROGRAMS" HAVE THE
27 SAME MEANINGS AS IN SUBDIVISION ONE OF SECTION FOUR HUNDRED
28 EIGHTY-THREE-B OF THIS ARTICLE.
29 (VI) "SCHOOL" MEANS ANY RESIDENTIAL OR NON-RESIDENTIAL PUBLIC OR
30 PRIVATE SCHOOL LOCATED WITHIN OR OUTSIDE THE STATE THAT PROVIDES
31 INSTRUCTION TO A CHILD AND THAT: (A) IS SUBJECT TO OVERSIGHT,
32 INSPECTION, REGULATION, APPROVAL OR LICENSURE OR CERTIFICATION BY ANY
33 MEMBER AGENCY; OR (B) RECEIVES PUBLIC FUNDING, INCLUDING FUNDING FOR THE
34 PLACEMENT OF ANY CHILD IN SUCH SCHOOL. SCHOOL AS USED HEREIN INCLUDES A
35 PUBLIC SCHOOL, BOCES, CHARTER SCHOOL, PRESCHOOL PROGRAM, PRIVATE SCHOOL,
36 STATE-OPERATED OR STATE-SUPPORTED SCHOOL IN THIS STATE, APPROVED
37 OUT-OF-STATE DAY OR RESIDENTIAL SCHOOL, OR REGISTERED NONPUBLIC NURSERY,
38 KINDERGARTEN, ELEMENTARY OR SECONDARY SCHOOL IN THIS STATE.
39 (VII) "PROGRAM" MEANS ANY RESIDENTIAL OR NON-RESIDENTIAL PUBLIC OR
40 PRIVATE PROGRAM, OTHER THAN A SCHOOL, THAT PROVIDES CARE, SERVICES,
41 PROGRAMS, AND SERVICES PROGRAMS TO A CHILD AND THAT: (A) IS SUBJECT TO
42 OVERSIGHT, INSPECTION, REGULATION, APPROVAL OR LICENSURE OR CERTIF-
43 ICATION BY ANY MEMBER AGENCY; OR (B) RECEIVES PUBLIC FUNDING, INCLUDING
44 FUNDING FOR THE PLACEMENT OF ANY CHILD IN SUCH SCHOOL.
45 S 2. Severability. If any portion of this act or the application ther-
46 eof to any person or circumstances shall be adjudged invalid by a court
47 of competent jurisdiction, such order or judgment shall be confined in
48 its operation to the controversy in which it was rendered, and shall not
49 affect or invalidate the remainder of any provision of this act or the
50 application of any part thereof to any other person or circumstances and
51 to this end each of the provisions of this act are hereby declared to be
52 separable.
53 S 3. This act shall take effect October 1, 2015; provided that, effec-
54 tive immediately, member agencies of the out-of-state placement commit-
55 tee are authorized and directed to promulgate any regulations necessary
56 to implement the provisions of this act on such effective date.
