Bill Text: NY A05439 | 2009-2010 | General Assembly | Amended
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 (Democrat 29-0)
Status: (Introduced - Dead) 2010-01-06 - referred to mental health [A05439 Detail]
Download: New_York-2009-A05439-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5439--A 2009-2010 Regular Sessions I N A S S E M B L Y February 13, 2009 ___________ Introduced by M. of A. LIFTON, CAHILL, COOK, GALEF, GUNTHER, LUPARDO, MAISEL, MILLMAN, ROSENTHAL, WEISENBERG, PHEFFER, ROBINSON, ESPAILLAT, JAFFEE, SCHROEDER -- Multi-Sponsored by -- M. of A. BENJAMIN, BOYLAND, CLARK, COLTON, EDDINGTON, GABRYSZAK, GLICK, GOTTFRIED, HOOPER, KOON, MAYERSOHN, PERRY, REILLY, SEMINERIO, SWEENEY, TOWNS -- read once and referred to the Committee on Mental Health, Mental Retardation and Developmental Disabilities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09054-03-9 A. 5439--A 2 1 MECHANICAL RESTRAINT OR SECLUSION MAY BE USED IF THE CHILD IS UNDER 2 TWELVE YEARS OF AGE; 3 4. THE RIGHT TO SAFE MEDICATION PRESCRIBING PRACTICES, INCLUDING THE 4 PROVISION OF INFORMATION ABOUT MEDICATIONS AND, SUBJECT TO THE 5 PROVISIONS OF SUBDIVISION (E) OF SECTION 33.21 OF THIS ARTICLE, CONSENT 6 FOR PSYCHOTROPIC MEDICATIONS FROM THE PARENT OR GUARDIAN; 7 5. THE RIGHT TO COMMUNICATE THROUGH LETTERS, PHONE CALLS AND VISITS 8 WITH PARENT OR PARENTS, OTHER FAMILY MEMBERS, GUARDIANS OR OTHER SIGNIF- 9 ICANT INDIVIDUALS, ABSENT LEGAL OR CLINICAL IMPEDIMENTS WHICH MUST BE 10 DOCUMENTED IN THE CASE RECORD OF SUCH CHILD; 11 6. THE RIGHT TO ACCESS MEANINGFUL RECREATIONAL ACTIVITIES AND COMMUNI- 12 TY PROGRAMS INCLUDING DAILY OUTDOOR OR EXERCISE ACTIVITIES UNLESS THERE 13 ARE LEGAL OR CLINICAL IMPEDIMENTS WHICH SHALL BE DOCUMENTED IN THE CASE 14 RECORD OF THE CHILD; 15 7. THE RIGHT TO EXPRESS GRIEVANCES, CONCERNS AND SUGGESTIONS AND TO 16 COMMUNICATE WITH THE MENTAL HYGIENE LEGAL SERVICE, COMMISSION ON QUALITY 17 OF CARE FOR THE MENTALLY DISABLED, AND THE PROTECTION AND ADVOCACY 18 PROGRAMS ADMINISTERED BY SUCH COMMISSION WITHOUT FEAR OF RETRIBUTION; 19 8. THE RIGHT TO PARTICIPATE IN RELIGIOUS ACTIVITIES; AND 20 9. THE RIGHT TO RECEIVE AN APPROPRIATE EDUCATION IN THE LEAST RESTRIC- 21 TIVE ENVIRONMENT. 22 (B) THE FOREGOING RIGHTS MAY NOT BE LIMITED AS A PUNISHMENT, FOR THE 23 CONVENIENCE OF STAFF, OR MADE CONTINGENT AS PART OF A TREATMENT PLAN. 24 THE COMMISSIONERS AND FACILITY DIRECTOR OR CHIEF ADMINISTRATIVE OFFICER 25 OF ANY SUCH RESIDENTIAL PROGRAM SHALL ENSURE THAT CHILDREN AND THEIR 26 PARENTS OR GUARDIANS ARE INFORMED OF SUCH RIGHTS. 27 S 2. The social services law is amended by adding a new section 462-c 28 to read as follows: 29 S 462-C. RIGHTS OF CHILDREN IN RESIDENTIAL CARE. 1. IN ORDER TO ENSURE 30 THAT CHILDREN PLACED IN RESIDENTIAL PROGRAMS OPERATED, LICENSED OR 31 CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES ARE ASSURED 32 APPROPRIATE CARE, THE COMMISSIONER OF SUCH OFFICE SHALL PROMULGATE RULES 33 AND REGULATIONS REGARDING THE RIGHTS OF SUCH CHILDREN IN RESIDENTIAL 34 CARE. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO: 35 (A) THE RIGHT TO A SAFE, NURTURING ENVIRONMENT FREE FROM ABUSE AND 36 MISTREATMENT BY EMPLOYEES AND OTHER RESIDENTS OF THE FACILITY; 37 (B) THE RIGHT TO AN INDIVIDUALIZED PLAN OF TREATMENT SERVICES DESIGNED 38 WITH THE ACTIVE PARTICIPATION OF THE CHILD, TO THE EXTENT POSSIBLE AND 39 CLINICALLY APPROPRIATE, AND THE PARENT OR GUARDIAN; 40 (C) THE RIGHT TO BE FREE FROM PHYSICAL RESTRAINT AND SECLUSION, EXCEPT 41 AS OTHERWISE AUTHORIZED BY LAW OR REGULATION, PROVIDED, HOWEVER, NO 42 MECHANICAL RESTRAINT OR SECLUSION MAY BE USED IF THE CHILD IS UNDER 43 TWELVE YEARS OF AGE; 44 (D) THE RIGHT TO SAFE MEDICATION PRESCRIBING PRACTICES, INCLUDING THE 45 PROVISION OF INFORMATION ABOUT MEDICATIONS AND, SUBJECT TO THE 46 PROVISIONS OF SUBDIVISION (E) OF SECTION 33.21 OF THE MENTAL HYGIENE 47 LAW, CONSENT FOR PSYCHOTROPIC MEDICATIONS FROM THE PARENT OR GUARDIAN; 48 (E) THE RIGHT TO COMMUNICATE THROUGH LETTERS, PHONE CALLS AND VISITS 49 WITH PARENT OR PARENTS, OTHER FAMILY MEMBERS, GUARDIANS OR OTHER SIGNIF- 50 ICANT INDIVIDUALS, ABSENT LEGAL OR CLINICAL IMPEDIMENTS WHICH MUST BE 51 DOCUMENTED IN THE CASE RECORD OF SUCH CHILD; 52 (F) THE RIGHT TO ACCESS MEANINGFUL RECREATIONAL ACTIVITIES AND COMMU- 53 NITY PROGRAMS INCLUDING DAILY OUTDOOR OR EXERCISE ACTIVITIES UNLESS 54 THERE ARE LEGAL OR CLINICAL IMPEDIMENTS WHICH SHALL BE DOCUMENTED IN THE 55 CASE RECORD OF THE CHILD; A. 5439--A 3 1 (G) THE RIGHT TO EXPRESS GRIEVANCES, CONCERNS AND SUGGESTIONS WITHOUT 2 FEAR OF RETRIBUTION; 3 (H) THE RIGHT TO PARTICIPATE IN RELIGIOUS ACTIVITIES; AND 4 (I) THE RIGHT TO RECEIVE AN APPROPRIATE EDUCATION IN THE LEAST 5 RESTRICTIVE ENVIRONMENT. 6 2. THE FOREGOING RIGHTS MAY NOT BE LIMITED AS A PUNISHMENT, FOR THE 7 CONVENIENCE OF STAFF, OR MADE CONTINGENT AS PART OF A TREATMENT PLAN. 8 THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES AND CHIEF 9 ADMINISTRATIVE OFFICER OF ANY SUCH RESIDENTIAL PROGRAM SHALL ENSURE THAT 10 CHILDREN AND THEIR PARENTS OR GUARDIANS ARE INFORMED OF SUCH RIGHTS. 11 S 3. The education law is amended by adding a new section 4411 to read 12 as follows: 13 S 4411. RIGHTS OF CHILDREN IN RESIDENTIAL CARE. 1. IN ORDER TO ENSURE 14 THAT CHILDREN PLACED IN RESIDENTIAL PROGRAMS OPERATED OR APPROVED BY THE 15 DEPARTMENT ARE ASSURED APPROPRIATE CARE, THE COMMISSIONER SHALL PROMUL- 16 GATE RULES AND REGULATIONS REGARDING THE RIGHTS OF SUCH CHILDREN IN 17 RESIDENTIAL CARE. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO: 18 A. THE RIGHT TO A SAFE, NURTURING ENVIRONMENT FREE FROM ABUSE AND 19 MISTREATMENT BY EMPLOYEES AND OTHER RESIDENTS OF THE FACILITY; 20 B. THE RIGHT TO AN INDIVIDUALIZED EDUCATION PROGRAM DESIGNED WITH THE 21 ACTIVE PARTICIPATION OF THE CHILD, TO THE EXTENT POSSIBLE AND CLINICALLY 22 APPROPRIATE, AND THE PARENT OR GUARDIAN; 23 C. THE RIGHT TO BE FREE FROM PHYSICAL RESTRAINT AND SECLUSION, EXCEPT 24 AS OTHERWISE AUTHORIZED BY LAW OR REGULATION, PROVIDED, HOWEVER, NO 25 MECHANICAL RESTRAINT OR SECLUSION MAY BE USED IF THE CHILD IS UNDER 26 TWELVE YEARS OF AGE; 27 D. THE RIGHT TO SAFE MEDICATION PRESCRIBING PRACTICES, INCLUDING THE 28 PROVISION OF INFORMATION ABOUT MEDICATIONS AND, SUBJECT TO THE 29 PROVISIONS OF SUBDIVISION (E) OF SECTION 33.21 OF THE MENTAL HYGIENE 30 LAW, CONSENT FOR PSYCHOTROPIC MEDICATIONS FROM THE PARENT OR GUARDIAN; 31 E. THE RIGHT TO COMMUNICATE THROUGH LETTERS, PHONE CALLS AND VISITS 32 WITH PARENT OR PARENTS, OTHER FAMILY MEMBERS, GUARDIANS OR OTHER SIGNIF- 33 ICANT INDIVIDUALS, ABSENT LEGAL OR CLINICAL IMPEDIMENTS WHICH MUST BE 34 DOCUMENTED IN THE CASE RECORD OF SUCH CHILD; 35 F. THE RIGHT TO ACCESS MEANINGFUL RECREATIONAL ACTIVITIES AND COMMUNI- 36 TY PROGRAMS INCLUDING DAILY OUTDOOR OR EXERCISE ACTIVITIES UNLESS THERE 37 ARE LEGAL OR CLINICAL IMPEDIMENTS WHICH SHALL BE DOCUMENTED IN THE CASE 38 RECORD OF THE CHILD; 39 G. THE RIGHT TO EXPRESS GRIEVANCES, CONCERNS AND SUGGESTIONS WITHOUT 40 FEAR OF RETRIBUTION; 41 H. THE RIGHT TO PARTICIPATE IN RELIGIOUS ACTIVITIES; AND 42 I. THE RIGHT TO RECEIVE AN APPROPRIATE EDUCATION IN THE LEAST RESTRIC- 43 TIVE ENVIRONMENT. 44 2. THE FOREGOING RIGHTS MAY NOT BE LIMITED AS A PUNISHMENT, FOR THE 45 CONVENIENCE OF STAFF, OR MADE CONTINGENT AS PART OF AN INDIVIDUALIZED 46 EDUCATION PROGRAM. THE COMMISSIONER AND DIRECTOR OR CHIEF ADMINISTRATIVE 47 OFFICER OF ANY SUCH RESIDENTIAL PROGRAM SHALL ENSURE THAT CHILDREN AND 48 THEIR PARENTS OR GUARDIANS ARE INFORMED OF SUCH RIGHTS. 49 S 4. This act shall take effect January 1, 2010.