What's happening
This bill establishes a voluntary program to provide electronic monitoring devices to help locate missing children with autism or other developmental disabilities.
Why it matters
Enhances safety and peace of mind for families. The program allows parents and guardians of children with autism or other developmental disabilities to voluntarily obtain electronic monitoring devices, potentially reducing the risk and anxiety associated with children going missing.
Protects family privacy. The bill includes strong confidentiality measures, ensuring that any information collected through the application process is only shared with law enforcement if a specific consent form is signed and a child is missing, which can alleviate concerns about government overreach or misuse of personal data.
Supports law enforcement readiness. By requiring the state to provide training and recommendations to law enforcement agencies on the use of electronic monitoring devices and best response practices for children with developmental disabilities, the bill aims to improve missing child recovery efforts and ensure sensitive, informed responses.
Leverages existing local resources. The program encourages the commissioner to coordinate with municipalities and organizations already providing similar tracking services, improving efficiency and potentially expanding access without duplicating efforts.
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Who cares
Headline styles
Track Devices for Disabled Kids
Plain English, a few words. Used as the page title.
Sponsors
History
- Print number 1629a
- Amend and recommit to health
- Referred to health
- Reported and committed to finance
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Trackers for Kids with Autism
In Assembly Committee · Ways And Means · Sponsor Thomas Abinanti
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1629--A
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sens. GOLDEN, FELDER, LARKIN, MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law and the executive law, in relation to establishing an electronic monitoring program for children diagnosed with an autism spectrum disorder as well as other developmental disabilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 2509 to read as follows:
§ 2509. Electronic monitoring for children with developmental disabilities. 1. For the purposes of this section the following terms shall have the following meanings:
(a) "commissioner" shall mean the commissioner of health;
(b) "child" shall mean a person under the age of eighteen years;
(c) "eligible applicant" shall mean the parent, legal guardian or custodian of a child who has been diagnosed by a physician as having an autism spectrum disorder as determined by section twenty-five hundred-j of this title or other developmental disability;
(d) "authorized family member" shall mean a designated parent, grandparent, sibling older than the age of eighteen, legal guardian or custodian who is authorized to use a receiving device that is able to track the geographic location of an electronic monitoring device. Such individuals shall be listed on the application submitted to the department; and
(e) "electronic monitoring device" shall mean any radio, global positioning system, cellular device or any other satellite-based monitoring device that can provide continuous tracking of the geographic location
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04244-03-8
S. 1629--A 2
of children and an automated monitoring system that can be used by an appropriate law enforcement agency at the request of an authorized family member.
2. The commissioner shall establish a program to provide electronic monitoring devices to an eligible applicant for the purpose of being able to geographically locate a child upon circumstances where the child is unable to be accounted for. The program shall facilitate the safe recovery of children diagnosed with an autism spectrum disorder or another developmental disability who are missing or abducted.
3. The program shall be voluntary and the following procedure shall be used for the administration of the program:
(a) an eligible applicant may file an application with the department to be granted access to the program;
(b) upon filing the application, an eligible applicant shall be issued an electronic monitoring device that may be worn by the child, and a receiver that may be used to track the physical location of the child;
(c) if a child is missing an authorized family member may coordinate with the appropriate law enforcement agency and inform the agency of the location of the child using the electronic monitoring device and receiver; and
(d) all applicant information provided by the parent to the department shall remain confidential and not be divulged by the department except in cases where the authorized family member signs a separate consent form providing that any personally identifiable information on the child may only be released in the event that an authorized family member seeks law enforcement action to find the location of a missing child.
4. To the extent possible, the commissioner shall utilize municipalities and other organizations which currently provide electronic monitoring devices for the purposes of being able to geographically track children who have an autism spectrum disorder or other development disability.
§ 2. Section 837 of the executive law is amended by adding a new subdivision 22 to read as follows:
22. The division, in cooperation with the department of health, shall provide recommendations to law enforcement agencies regarding the risks associated with autism or other developmental disabilities and appropriate response techniques concerning such disabilities. Recommendations shall include information pertaining to the utilization of electronic monitoring devices to determine the location of children diagnosed with autism or other developmental disabilities.
§ 3. This act shall take effect on the one hundred twentieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law and the execu- tive law, in relation to establishing an electronic monitoring program for children diagnosed with an autism spectrum disorder as well as other developmental disabilities
Purpose or general idea of bill
To create a state wide program to provide parents of children with an autism spectrum disorder or other developmental disabilities with elec- tronic monitoring devices that can geographically locate such children
Summary of provisions
Section one of this bill amends the Public Health Law through the addi- tion of a new section 2509 that requires the Commissioner of the Depart- ment of Health to adopt a program that provides electronic monitoring for children with autism spectrum disorder or another developmental disability so that a missing child can be geographically located when such a child cannot be accounted for.
Read the full memo (814 words)
Section two amends the Executive Law by adding a new subdivision 22 to section 837 which would provide that the Division of Criminal Justice Services, in cooperation with the Department of Health, shall make recommendations to law enforcement agencies regarding the risks and response techniques that should be taken into account concerning indi- viduals who have certain disabilities and the use of electronic monitor- ing by such individuals.
Section three of this bill provides that this act shall take effect on the one hundred twentieth day after it shall have become a law.
Justification
Almost half of all children with autism have run away from home or gone missing at least once before the age of 17, according to the American Academy of Pediatrics. Aside from the quantity of these cases, the nature of missing child cases for law enforcement are ranked among the most difficult for them to handle largely due to the tactics used by investigators to find the children; search dogs, sirens, and yelling the child's name are often frightening for autistic children. There needs to be a tailored approach for finding children with autism that will be more effective in locating and retrieving them when they are missing. Further, the current GPS tracking devices that some autistic children wear often do not have a range large enough to accommodate the long distances that those children might travel.
On January 21st, 2014, the parents of Avonte Oquendo heard the news that no parents should ever have to hear. They were told that their child had died. Avonte, a 14 year old boy, had wandered out of his Queens school in October of 2013. His family, the community, and the New York Police Department searched for months and followed leads. Some leads indicated that Avonte was seen riding on the New York City subway, but those leads never fully panned out.
Unfortunately, events like these are all too common for children with autism, and the parents of these children know it. That is why Avonte's mother sent a note to his school warning them of Avonte's tendency to run.
At 2:30 PM on December 10, 2014, Jose Leon left his Yonkers school, but did not get on the bus to go home. Jose was found at 4:30 AM the next day in Dobbs Ferry. On the night of December 10, the temperatures were almost at the freezing point. While Jose returned to school two days later, if he had not been found, he could have died in the cold.
On February 2, 2015, a 10-year-old girl in Independence, Missouri wandered into single-digit degree weather before her mother was awake. She was found early in the morning outside without shoes or socks. The mother told reporters that her daughter has left the house unattended several times before because she was able to get through the guard bar on the door meant to stop her from leaving the home alone.
In January of this year, Kyle Hoffmaier left his parents' home in Kips Bay, Manhattan after fighting with his parents. The New York Post reported that "small army - including active and retired firefighters, members of the Guardian Angels, friends and family" searched for Kyle. He was found in good health 5 days later in Forest Hills, Queens and reunited with his family.
The many instances of autistic and developmentally disabled children running, and the statistics that show how common these occurrences are illustrates the need for this type of electronic monitoring. This would help to prevent many terrible instances and would enable families to find these children in the case that they do run away or wander off.
Prior legislative history
2017: S.1629 - Reported and Committed to Finance 2017: S.1629 - Referred to Health 2016: S.3288-A - Passed the Senate 2015: S.3288 - Referred to Health 2014: S.7491 - Referred to Health
Fiscal implications
None
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.