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.
