Provides legal assistance to youth ordered by the court into the custody of the office of children and family services and placed or committed to a state operated juvenile detention center

Summary of provisions

Sections 1 and 2 of the bill amends subdivision (a) of section 47.01 and adds a new subdivision (d) to section 47.03 of the mental hygiene law to expand the scope of the MHLS to include the provision of legal assistance related to the retention, care and treatment to youth order by the court into the custody of OCFS and placed or committed to a state operated juvenile detention center.

Section 3 of the bill adds a new section 508-a of the executive law entitled "Legal Services and Assistance to youth" to provide for the legal representation of youth in the custody of OCFS and placed or committed to a state operated juvenile detention center by MHLS.

Section 4 of the bill provides that the bill shall take effect on the 90th day after enactment.

Existing law

Article 47 of the Mental Hygiene Law establishes the Mental Hygiene Legal Services within the Appellate Division and directs it to provide legal services, assistance and information to patients or residents and their families related to the admission, retention and care and treatment of such persons in OMH and OMRDD licensed or operated facilities.

Article 19-G of the Executive Law includes provisions relating to the Office of Children and Family Services and the operation of juvenile detention facilities.

Justification

In August, 2009 the U.S. Department of Justice wrote to Governor Pater- son outlining the disturbing results of an investigation it had conducted of four state operated juvenile detention centers in New York. DOJ's findings are in two main areas. First it found that the state had failed to protect youth, using excessive force and restraints. Second, it found the state failed to provide mental health care and treatment. The details of the report are very disturbing showing that restraint techniques were routinely uncontrolled, unsafe and departed from generally accepted standards and OCFS policy. These included holding

or handcuffing a youths arms behind their back and then tripping them causing the youth to fall forward on their face. The investigation detailed many serious injuries suffered by youth and the lack of adequate oversight, corrective action and/or accountability. It also found that youth with

mental illness were involved in a disproportionately high percentage of restraint episodes.

NYS operates 19 juvenile justice facilities statewide with no outside oversight. While just a few years ago the system cared for approximately 2,000 youth ages 12 to 17 who had been placed in such facilities by the courts, today there are 546 children placed in these facilities.

The percentage of youth with mental illness diagnosis placed in juvenile detention facilities is at least 65% and some estimate the number of those suffering to be much higher. There are many other troubling statistics for this population. More than half of the children are on psychotropic medication. More than half are special education students with an IEP. A majority of the youth have also experienced some form of trauma in their life and have been known to the child welfare system prior to being placed in a juvenile detention facility.

These factors combined with the appalling findings of inadequate mental health treatment and treatment plans, insufficient substance abuse services and improper medication management coupled with evidence of brutal treatment for behavioral issues clearly demonstrate that some outside oversight is needed. Mental Hygiene Legal Services is very well suited to ensure that these children, while in the residential care of New York State, are provided appropriate treatment and care in the correct setting.

Mental Hygiene Legal Services, which is part of the Appellate Division, has a long history of providing legal representation and advocacy to individuals with mental disabilities regarding their admission, retention and care and treatment in mental hygiene facilities. Youth placed in the state's juvenile detention system, a majority of whom suffer from mental disabilities, clearly require the independent oversight and assistance of MHLS to protect their civil rights.

This bill expands MHLS's scope to provide this much needed protection for a small group of youth in our state who in their short lives have often suffer many heartbreaking difficulties. This change should help to transform our juvenile justice system from one of warehousing and punishment into one of treatment and rehabilitation.

Legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

90 days after enactment, with provisions.