What's happening
This bill creates a voluntary program providing electronic monitoring devices to help locate children with developmental disabilities if they go missing.
Why it matters
Empowers families and respects the child’s input. The program is voluntary and requires the involvement of the child, if able, to ensure they are willing to participate—placing value on the autonomy and rights of children with developmental disabilities.
Protects privacy and limits data sharing. The bill mandates that any personal information collected is kept confidential and may only be shared with law enforcement if the applicant specifically consents in writing and only in the event of an emergency.
Leverages existing community resources. To make implementation practical and cost-effective, the bill encourages the use of local governments or nonprofits already providing similar tracking devices, potentially improving access and reducing barriers for families.
Improves law enforcement preparedness. The legislation requires state agencies to train and inform police about the special risks faced by children with developmental disabilities, and about best practices for using electronic monitoring devices—aiming to improve outcomes in missing child situations.
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Who cares
Headline styles
Track Kids With Disabilities
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
269
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the mental hygiene law and the executive law, in relation to establishing an electronic monitoring program for children diagnosed with developmental disabilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The mental hygiene law is amended by adding a new section 13.44 to read as follows: § 13.44 Electronic monitoring for children with developmental disabili-
ties.
1. For the purposes of this section the following terms shall have the following meanings:
(a) "Eligible applicant" shall mean a designated parent, grandparent, adult sibling, or otherwise qualified person as defined under section 33.16 of this chapter, of a child who has been diagnosed by a physician as an individual with a developmental disability as defined by section 1.03 of this chapter.
(b) "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 of children and an automated monitoring system that can be used by an appropriate law enforcement agency at the request of an eligible applicant.
2. The commissioner, in consultation with the commissioner of the division of criminal justice services, shall establish a voluntary 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 lost, missing or otherwise unable to be accounted for.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00283-01-5
3. (a) Upon the request of an eligible applicant, the nonprofit organization or local governmental unit shall issue such electronic monitoring device in accordance with eligibility and documentation criteria established by the office for a fee to be determined by the commissioner. At a minimum, such eligibility and documentation criteria shall require the active involvement of the child when such child has the capacity to make an informed decision, for the purpose of determining the child's willingness to participate in the voluntary program established under this section.
(b) If a child is lost, missing or otherwise unable to be accounted for, an eligible applicant 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.
(c) All applicant information provided by the parent to the office or the division of criminal justice services shall remain confidential and not be divulged by the office or the division of criminal justice services except in cases where the eligible applicant signs a separate consent form providing that any personally identifiable information on the child may only be released in the event that an eligible applicant seeks law enforcement action to find the location of a child who is lost, missing or otherwise unable to be accounted for.
4. To the extent practicable, the commissioner shall utilize local governmental units or nonprofit organizations which currently provide electronic monitoring devices for the purposes of being able to geographically track children who have an developmental disability as defined in section 1.03 of this chapter.
§ 2. Section 837 of the executive law is amended by adding a new subdivision 24 to read as follows:
24. The division, in cooperation with the office for people with developmental disabilities, shall provide recommendations to law enforcement agencies regarding the risks associated with developmental disabilities as defined in section 1.03 of the mental hygiene law 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 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 mental hygiene law and the executive law, in relation to establishing an electronic monitoring program for children diagnosed with 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 disability with elec- tronic location devices that can geographically monitor such children.
Summary of provisions
This bill would require the Office for People with Developmental Disa- bilities (OPWDD) in consultation with the Division of Criminal Justice Services (DCJS) to establish a voluntary electronic location program for children who have been diagnosed with a developmental disability. The electronic location program would allow parents and other legal guardi- ans to receive the geographic location of their child when they are lost, missing or otherwise unaccounted for and they may provide that information to law enforcement to help locate the child.
Read the full memo (734 words)
This bill would require DCJS in conjunction with OPWDD to provide recom- mendations to law enforcement agencies about appropriate response tech- niques when interacting with individuals with disabilities.
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 is ranked by law enforcement to be among the most difficult 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 those with autism. There needs to be a tailored and effective approach for finding children with autism when they are missing. The current GPS tracking devices that some children with autism 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- their child had passed a way. Avonte, a 14-year-old boy, wandered out of his Queens school in October of 2013. The family, community, and NYPD conducted an exhaustive search for months to no avail. Avonte's mother sent a note to his school warn- ing them of Avonte's tendency to run, as events like this are all too common to parents of children with autism.
In 2014, Jose Leon left his Yonkers school, and did not get on the bus to go home. Jose was found at 4:30 AM the next day in Dobbs Ferry. It is likely he had spent the night of December 10 outside, while temper- atures were almost below freezing. Despite his return to school two days later, he could have suffered serious injury.
In 2015, a 10-year-old girl in Missouri wandered into single-digit weather while her mother was sleeping. She was found early in the morn- ing outside without shoes or socks. The mother told reporters that her daughter had left the house unattended several times before.
In 2016, Kyle Hoffmaier left his parents' home in Kips Bay, Manhattan after quarreling with his parents. The New York Post reported that "a small army- including active and retired firefighters, members of the Guardian Angels, friends, and family" searched for him. Kyle 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 location services. Time is a critical factor in safely locating children with disabilities with a tendency to wander. This bill establishes a volun- tary program that would provide parents of children with developmental disabilities with electronic location devices to,be worn by their chil- dren and paired with a receiver given to the parents. If a child with autism wanders this device will help parents and police locate them in an efficient and timely fashion.
Prior legislative history
2022-2024: S61 - Died in Health
2021-2022: S1211/A6071 - Died in Health/Died in People with Disabilities
2019-2020: S3680A2833 - Died in Health/Died in People with Disabilities
2017-2018: S1629A/A5398A - Died in Health
2015-2016: S3288A/A1203A - Passed Senate/Died in Health
2013-2014: S7491/A9976 - Died in 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.