Track Devices for Disabled Kids

Section two amends executive law section 837 by adding a new subdivision 22 to provide that the division of criminal justice in cooperation with the department of health shall make recommendations to law enforcement agencies regarding the risks associated with autism or other develop- mental disabilities and appropriate response techniques concerning such disabilities including utilization of electronic monitoring devices to locate such children.

Section 3 is the effective date.

Justification

According to the Academy of Pediatrics, almost half of all children with autism have run away from home or gone missing at least once before the age of 17. In addition to the quantity of these cases, the nature of missing children cases are ranked by law enforcement to be among the most difficult to handle largely due to the tactics used by investi- gators to find the children; search dogs, sirens, and yelling the child's name which are often frightening for autistic children. There needs to be a tailored and effective approach for finding children with autism 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 these children might travel.

On January 21st, 2014 the parents of Avonte Oquendo heard the news that no parents should ever have to hear, that their child had died.

Avonte, a 14 year old boy wandered out of his Queens school in October of 2013. The family, community and the NYPD conducted an exhaustive search for months to no avail. Unfortunately, events like these are all too common and the parents of children with autism know it. That is why Avonte's mother sent a note to his school warning them of Avonte's tend- ency to run.

IN MAY 2014 IN ARIZONA 16 YEAR OLD DAVID MCARTHUR WHO LIKE AVONTE IS AUTISTIC WANDERED AWAY FROM SCHOOL, FORTUNATELY DAVID WAS FOUND SAFE. 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 WHILE HER MOTHER WAS SLEEPING. 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.

IN JANUARY 2016, KYLE HOFFMAIER LEFT HIS PARENTS' HOME IN KIPS BAY, MANHATTAN AFTER QUARRELLING 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 WHO WANDER OFF CLEARLY DEMONSTRATE THE NEED FOR ELECTRONIC MONITORING. TIME IS A CRITICAL FACTOR IN SAFELY LOCATING CHILDREN WITH DISABILITIES WITH A TENDENCY TO WANDER. THIS BILL ESTABLISHES A VOLUNTARY PROGRAM THAT WOULD PROVIDE PARENTS OF CHILDREN WITH DEVELOPMENTAL DISABILITIES WITH ELECTRONIC MONITORING DEVICES TO BE WORN BY THEIR CHILDREN AND PAIRED WITH A RECEIVER GIVEN TO THE PARENTS. IF A CHILD WANDERS THIS DEVICE WOULD HELP THE PARENTS AND POLICE TO LOCATE THE CHILD IN AN EFFICIENT AND TIMELY FASHION.

Prior legislative history

2017-18: A5398A REFERRED TO HEALTH; SAME AS S1629A (GOLDEN) REFERRED TO HEALTH; 2016: A1203A REFERRED TO HEALTH; SAME AS S3288A PASSED SENATE; 2014: A9976 REFERRED TO HEALTH; SAME AS S7491 (GOLDEN) REFERRED TO HEALTH

Fiscal implications for state and local governments

TO BE DETERMINED.

Effective date

THIS ACT SHALL TAKE EFFECT ONE HUNDRED AND TWENTY DAYS AFTER IT SHALL HAVE BECOME LAW.