Bill Text: NY S07587 | 2015-2016 | General Assembly | Introduced
Bill Title: Requires the out-of-state placement committee to develop standards, regulations and recommendations for aversive crisis intervention methods and techniques.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-05-10 - REFERRED TO CHILDREN AND FAMILIES [S07587 Detail]
Download: New_York-2015-S07587-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7587 IN SENATE May 10, 2016 ___________ Introduced by Sen. GOLDEN -- 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, 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; 23 (5) movement limitation used as a punishment, including but not limit- 24 ed to use of helmets and mechanical restraint devices; 25 (6) electric shock therapy; and 26 (7) other similar stimuli, treatments, interventions, or actions. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06104-03-6S. 7587 2 1 The foregoing to the contrary notwithstanding, aversive interventions 2 do not include interventions such as voice control, limited to loud, 3 firm commands; time-limited ignoring of a specific behavior; token fines 4 as part of a token economy system; brief physical prompts to interrupt 5 or prevent a specific behavior; interventions medically necessary for 6 the treatment or protection of the student; or other similar inter- 7 ventions. 8 (ii) "Child" means an individual who is twenty-one years of age or 9 less, provided that a member agency may utilize an alternative defi- 10 nition of a child, including specifying a different age, for purposes of 11 compliance with this subdivision, so long as such definition is standard 12 and appropriate to its placement procedures. 13 (iii) "Member agency" means a state agency that is a member of the 14 out-of-state placement committee. 15 (iv) "Public funding" means funding for care, services, programs, and 16 services programs which are provided or approved directly or indirectly 17 by or under the jurisdiction of a member agency, exclusive of funding 18 for which federal requirements or directives override, supersede, or 19 require approval in a manner contrary to the requirements of this subdi- 20 vision, or for which, in the judgment of the member agency, compliance 21 with this subdivision would violate federal law or regulations. 22 (v) The terms "care," "services," and "services programs" have the 23 same meanings as in subdivision one of section four hundred eighty- 24 three-b of this article. 25 (vi) "School" means any residential or non-residential public or 26 private school located within or outside the state that provides 27 instruction to a child and that: (A) is subject to oversight, 28 inspection, regulation, approval or licensure or certification by any 29 member agency; or (B) receives public funding, including funding for the 30 placement of any child in such school. School as used herein includes a 31 public school, BOCES, charter school, preschool program, private school, 32 state-operated or state-supported school in this state, approved out-of- 33 state day or residential school, or registered nonpublic nursery, 34 kindergarten, elementary or secondary school in this state. 35 (vii) "Program" means any residential or non-residential public or 36 private program, other than a school, that provides care, services, 37 programs, and services programs to a child and that: (A) is subject to 38 oversight, inspection, regulation, approval or licensure or certif- 39 ication by any member agency; or (B) receives public funding, including 40 funding for the placement of any child in such school. 41 § 2. Severability. If any portion of this act or the application ther- 42 eof to any person or circumstances shall be adjudged invalid by a court 43 of competent jurisdiction, such order or judgment shall be confined in 44 its operation to the controversy in which it was rendered, and shall not 45 affect or invalidate the remainder of any provision of this act or the 46 application of any part thereof to any other person or circumstances and 47 to this end each of the provisions of this act are hereby declared to be 48 separable. 49 § 3. This act shall take effect October 1, 2016; provided that, effec- 50 tive immediately, member agencies of the out-of-state placement commit- 51 tee are authorized and directed to promulgate any regulations necessary 52 to implement the provisions of this act on such effective date.
