Establishes a bill of rights for children in residential care

Title of bill

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 children in residential care

Purpose

This bill will establish a bill of rights for children in residential care to assure that all children will receive appropriate care and treatment.

Summary of provisions

This bill establishes a bill of rights for children in residential care. The Commissioners of OMH, OMRDD, SED and Office of Children and Family Services must promulgate rules and regulations to ensure the rights of children in their respective residential care facilities. The regulations would include, but not be limited to:

-the right to a safe environment;

-the right to an individualized service plan, designed when possible with the participation of the child and parents;

-the right to be free from physical restraint and seclusion except in certain circumstances;

-the right to safe, informed medication practices in applicable service environments;

-the right to communicate through letters, phone calls and visits with family and other significant individuals, absent documented legal or clinical impediments;

-the right to meaningful recreational activities, unless there are documented legal or clinical impediments;

-the right to express grievances, concerns, and suggestions without fear of retribution;

-the right to participate in religious activities;

-the right to receive an appropriate education in the least restrictive environment; and

-that the child's rights shall not be limited as punishment, for convenience or made contingent as a part of the service plan.

Justification

As noted in the report entitled

NEW YORK STATE RESIDENTIAL SERVICES FOR CHILDREN WITH EMOTIONAL PROBLEMS: A CALL FOR REFORM:, children placed in such residential programs are often moved from the mental health system to foster care and/or juvenile justice system. Although these children move across service systems, it is clear that the basic needs and rights of these children remain constant.

In order to address some of the fundamental problems identified by the Commission with the State's various child care delivery systems, this bill would establish a clear and consistent set of principles to guide the care and treatment of all children placed out-of-home. As a result, this bill would extend critical protection to some of our most vulnerable citizens - children behind the walls of residential care programs.

Legislative history

2008 S.924/Referred to Mental Health and Developmental Disabilities 2007 S.924/Passed Senate 2006 S.4542/Passed Senate 2004 S.4057/Vetoed by the Governor

Fiscal implications

None

Effective date

The first of January after enactment.