Requires the out-of-state placement committee to develop standards, regulations and recommendations for aversive crisis intervention methods and techniques

Title of bill

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 facilities

Purpose

To amend the Social Services law, to prohibit public funding to facilities providing aversive interventions, including but not limited to electric shock therapy.

Summary of provisions

Section 1. Subdivisions 7, 8, and 9 of section 483-d of the social services law are renumbered subdivisions 8, 9 and 10 and a new subdivision 7 is added to read as follows:

No public funding shall be used to promote aversive interventions on children. A school or program that uses aversive interventions shall be removed from the approved registry schools list after an agency member turns in a written notice.

(b). Definitions

(i). 'Aversive interventions' is defined as an act to inflict pain or distress for the purpose of eradicating certain behaviors of a child. These include but are not limited to; the contingent application of noxious, painful, intrusive stimuli or activities, denial or delay of meals, movement limitation as punishment, inhalants, withholding sleep, shelter, bedding, bathroom facilities or clothing limitations etc.

(ii). A Child is defined as a person twenty-one years or younger. However, a qualified member agency may specify a different age, to conform to industry practice.

(iii). 'Member agency' means a state agency that is a member of the out-of-state placement committee.

(iv). 'Public funding' means funding for care, services, and programs, that are provided or approved directly or indirectly by or under the jurisdiction of a member agency.

(v). 'Care', 'services', and 'service program' have the same meanings as in subdivision one of section four hundred eighty-three--b of this arti- cle.

(vi). 'School' means any residential or non-residential public or private school located within or outside the state that provides instruction to a child. A "school" includes a public school, BOCES, charter school, preschool program, private school, a state-operated or state-supported school in this state, or registered nonpublic nursery.

(vii). 'Program' means any residential or non-residential public or private program, other than school, that provides care, services, programs, and services to a child.

Justification

Use of aversive interventions violate a child's rights and his or her well being. Contentious use of aversive intervention, such as electric shock therapy, can lead to death or mental psychological injuries. LEGISLATIVE HISTORY :

S.207A of 2008 (Social Services, Children and Families; Finance)

Fiscal implications

None.

Effective date

This act shall take effect October 12, 2012, provided that, effective immediately, member agencies of the out-of-state placement committee are authorized and directed to promulgate any regulations necessary to implement the provisions of this act on such effective date.