New York S 6540: Relates to residential programs for children

Bill Text

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S06540 Summary:

BILL NOS06540 

&nbsp

SAME ASNo Same As

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SPONSORSANDERS

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COSPNSR

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MLTSPNSR

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Ren §462-b to be §462-c, add §462-b, Soc Serv L; add §504-c, Exec L

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Relates to residential programs for children and the rights such children have when under such care.

Go to top S06540 Actions:

BILL NOS06540 

&nbsp

03/17/2025REFERRED TO CHILDREN AND FAMILIES

01/07/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS06540 Committee&nbspVotes:

Go to topS06540 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06540 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6540

 2025-2026 Regular Sessions

 IN SENATE

 March 17, 2025
 ___________

 Introduced by Sen. SANDERS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Children and Families

 AN ACT to amend the social services law and the executive law, in
 relation to residential programs for children

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 462-b of the social services law is renumbered
 2 section 462-c and a new section 462-b is added to read as follows:
 3 § 462-b. Rights of youth in detention and residential care. 1. In
 4 order to ensure that residents of facilities or programs for youth oper-
 5 ated, licensed or certified by the office of children and family
 6 services are treated consistently with the laws and regulations, and are
 7 assured appropriate and quality care, the commissioner of the office of
 8 children and family services shall promulgate regulations informing
 9 residents of their rights under law. Such regulations shall include, but
 10 not be limited to, informing residents that they have the right to:
 11 a. A safe, sanitary and nurturing environment free from abuse and
 12 mistreatment by employees and other residents of the facility or resi-
 13 dence which may cause a child to become an abused or neglected child as
 14 defined in subdivision eleven of section four hundred eighty-eight of
 15 this chapter and other residents of the facility or residence;
 16 b. An individual services or treatment plan, appropriate for the type
 17 of facility and designed with the active participation of the youth, and
 18 the parent or guardian, to the extent possible;
 19 c. The following should not be withheld as a disciplinary measure:
 20 nutrition, hydration, sleep, exercise, education, bedding, a daily show-
 21 er, water, a toilet, medical services, reading material, and contact
 22 with parents, guardians, or attorneys, except in the event such contact
 23 poses a safety threat to the youth or others;
 24 d. Be free from physical restraint, seclusion, and exclusion from
 25 social interaction except as otherwise authorized by law and regulation;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10219-01-5

 S. 6540 2

 1 e. Receive adequate and appropriate medical, dental, vision and mental
 2 health services consistent with the rules and regulations promulgated by
 3 the agency operating, certifying or supervising the facility or program,
 4 provided the agency has reasonable access to the provision of such
 5 services and that necessary consents have been sought and obtained from
 6 the appropriate individuals, and which services shall include a
 7 medically appropriate medication prescribing practice, including the
 8 provision of information about medications;
 9 f. Communicate through letters, phone calls and visits with a parent
 10 or parents, other family members, guardians or other significant indi-
 11 viduals, absent legal, clinical or programmatic impediments which must
 12 be documented in the youth's case record;
 13 g. Make and receive confidential telephone calls, send and receive
 14 confidential mail, and have confidential visits with attorneys,
 15 ombudspersons, judges, and religious and spiritual advisers and their
 16 authorized representatives as well as legal service organizations where
 17 such organizations have been contacted by the youth or by someone on the
 18 youth's behalf;
 19 h. Express grievances, concerns and suggestions to staff of the faci