S6294A-2011 - NY Senate Open Legislation - Requires the out-of-state placement committee to develop standards, regulations and recommendations for aversive intervention methods and techniques

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

Sponsor: GOLDEN / Committee: RULES
Law Section: Social Services Law / Law: Amd S483-d, Soc Serv L

S6294A-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
May 23, 2012: ADVANCED TO THIRD READING
May 22, 2012: 2ND REPORT CAL.
May 21, 2012: 1ST REPORT CAL.851
Mar 27, 2012: PRINT NUMBER 6294A
Mar 27, 2012: AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
Jan 20, 2012: REFERRED TO CHILDREN AND FAMILIES

S6294A-2011 Meetings

Children and Families: May 21, 2012

S6294A-2011 Calendars

Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S6294A-2011 Votes

VOTE: COMMITTEE VOTE: - Children and Families - May 21, 2012

Ayes (6): Johnson, Saland, Young, Savino, Montgomery, Duane

S6294A-2011 Memo

BILL NUMBER:S6294A

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
article.

(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,
chatter 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. Continuous 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 & 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.

S6294A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 6294--A                                            A. 9084--A
 SENATE - ASSEMBLY
 January 20, 2012
 
 IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print
 ed, and when printed to be committed to the Committee on Children  and
 Families  --  committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee
 IN ASSEMBLY -- Introduced by M. of A. MILLMAN -- read once and  referred
 to  the  Committee  on  Children and Families -- committee discharged,
 bill amended, ordered reprinted as amended  and  recommitted  to  said
 committee
 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 facili
 ties
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

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 subdivi
 sion 7 is added to read as follows:

 7. AVERSIVE INTERVENTIONS.  (A) NO PUBLIC FUNDING SHALL SUPPORT PLACE
 MENT OF A CHILD IN ANY PROGRAM OR SCHOOL THAT  ENGAGES  IN  THE  USE  OF
 AVERSIVE  INTERVENTIONS ON CHILDREN IN VIOLATION OF THIS SUBDIVISION.  A
 SCHOOL OR PROGRAM USING AVERSIVE  INTERVENTIONS  IN  VIOLATION  OF  THIS
 SUBDIVISION  SHALL  BE  REMOVED FROM ANY REGISTRY OF APPROVED SCHOOLS OR
 PROGRAMS AFTER WRITTEN NOTICE BY THE MEMBER AGENCY.
 (B) DEFINITIONS. AS USED IN THIS SUBDIVISION:

 (I) "AVERSIVE INTERVENTIONS" MEANS AN INTERVENTION KNOWN  OR  INTENDED
 TO  INDUCE PAIN OR DISCOMFORT FOR THE PURPOSE OF ELIMINATING OR REDUCING
 MALADAPTIVE BEHAVIORS, AND INCLUDE BUT ARE NOT LIMITED TO:

 (1) CONTINGENT APPLICATION OF NOXIOUS, PAINFUL, INTRUSIVE  STIMULI  OR
 ACTIVITIES;
 (2)  ANY FORM OF NOXIOUS, PAINFUL, OR INTRUSIVE TASTE, SPRAY, OR INHA
 LANT;
 (3) WITHHOLDING SLEEP, SHELTER, BEDDING, BATHROOM FACILITIES OR CLOTH
 ING;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13753-02-2
        S. 6294--A                          2                         A. 9084--A
 (4) CONTINGENT FOOD PROGRAMS THAT INCLUDE DENIAL OR DELAY OF MEALS  OR
 INTENTIONALLY  ALTERING  STAPLE  FOOD  OR  DRINK  IN  ORDER  TO  MAKE IT
 DISTASTEFUL;
 (5) MOVEMENT LIMITATION USED AS A PUNISHMENT, INCLUDING BUT NOT LIMIT
 ED TO USE OF HELMETS AND MECHANICAL RESTRAINT DEVICES;
 (6) ELECTRIC SHOCK THERAPY; AND
 (7) OTHER SIMILAR STIMULI, TREATMENTS, INTERVENTIONS, OR ACTIONS.
 THE  FOREGOING TO THE CONTRARY NOTWITHSTANDING, AVERSIVE INTERVENTIONS
 DO NOT INCLUDE INTERVENTIONS SUCH AS VOICE  CONTROL,  LIMITED  TO  LOUD,
 FIRM COMMANDS; TIME-LIMITED IGNORING OF A SPECIFIC BEHAVIOR; TOKEN FINES
 AS  PART  OF A TOKEN ECONOMY SYSTEM; BRIEF PHYSICAL PROMPTS TO INTERRUPT
 OR PREVENT A SPECIFIC BEHAVIOR; INTERVENTIONS  MEDICALLY  NECESSARY  FOR
 THE  TREATMENT  OR  PROTECTION  OF  THE STUDENT; OR OTHER SIMILAR INTER
 VENTIONS.
 (II) "CHILD" MEANS AN INDIVIDUAL WHO IS TWENTY-ONE  YEARS  OF  AGE  OR
 LESS,  PROVIDED  THAT  A  MEMBER AGENCY MAY UTILIZE AN ALTERNATIVE DEFI
 NITION OF A CHILD, INCLUDING SPECIFYING A DIFFERENT AGE, FOR PURPOSES OF
 COMPLIANCE WITH THIS SUBDIVISION, SO LONG AS SUCH DEFINITION IS STANDARD
 AND APPROPRIATE TO ITS PLACEMENT PROCEDURES.
 (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, PROGRAMS, AND
 SERVICES PROGRAMS WHICH ARE PROVIDED OR APPROVED DIRECTLY OR  INDIRECTLY
 BY  OR  UNDER  THE JURISDICTION OF A MEMBER AGENCY, EXCLUSIVE OF FUNDING
 FOR WHICH FEDERAL REQUIREMENTS OR  DIRECTIVES  OVERRIDE,  SUPERSEDE,  OR
 REQUIRE APPROVAL IN A MANNER CONTRARY TO THE REQUIREMENTS OF THIS SUBDI
 VISION,  OR  FOR WHICH, IN THE JUDGMENT OF THE MEMBER AGENCY, COMPLIANCE
 WITH THIS SUBDIVISION WOULD VIOLATE FEDERAL LAW OR REGULATIONS.
 (V) THE TERMS "CARE," "SERVICES," AND  "SERVICES  PROGRAMS"  HAVE  THE
 SAME   MEANINGS   AS   IN   SUBDIVISION  ONE  OF  SECTION  FOUR  HUNDRED
 EIGHTY-THREE-B OF THIS ARTICLE.
 (VI) "SCHOOL" MEANS  ANY  RESIDENTIAL  OR  NON-RESIDENTIAL  PUBLIC  OR
 PRIVATE  SCHOOL  LOCATED  WITHIN  OR  OUTSIDE  THE  STATE  THAT PROVIDES
 INSTRUCTION TO  A  CHILD  AND  THAT:    (A)  IS  SUBJECT  TO  OVERSIGHT,
 INSPECTION,  REGULATION,  APPROVAL  OR LICENSURE OR CERTIFICATION BY ANY
 MEMBER AGENCY; OR (B) RECEIVES PUBLIC FUNDING, INCLUDING FUNDING FOR THE
 PLACEMENT OF ANY CHILD IN SUCH SCHOOL.  SCHOOL AS USED HEREIN INCLUDES A
 PUBLIC SCHOOL, BOCES, CHARTER SCHOOL, PRESCHOOL PROGRAM, PRIVATE SCHOOL,
 STATE-OPERATED  OR  STATE-SUPPORTED  SCHOOL  IN  THIS  STATE,   APPROVED
 OUT-OF-STATE DAY OR RESIDENTIAL SCHOOL, OR REGISTERED NONPUBLIC NURSERY,
 KINDERGARTEN, ELEMENTARY OR SECONDARY SCHOOL IN THIS STATE.
 (VII)  "PROGRAM"  MEANS  ANY  RESIDENTIAL OR NON-RESIDENTIAL PUBLIC OR
 PRIVATE PROGRAM, OTHER THAN A  SCHOOL,  THAT  PROVIDES  CARE,  SERVICES,
 PROGRAMS,  AND  SERVICES PROGRAMS TO A CHILD AND THAT: (A) IS SUBJECT TO
 OVERSIGHT, INSPECTION, REGULATION,  APPROVAL  OR  LICENSURE  OR  CERTIF
 ICATION  BY ANY MEMBER AGENCY; OR (B) RECEIVES PUBLIC FUNDING, INCLUDING
 FUNDING FOR THE PLACEMENT OF ANY CHILD IN SUCH SCHOOL.
 

S 2. Severability. If any portion of this act or the application ther
 eof to any person or circumstances shall be adjudged invalid by a  court
 of  competent  jurisdiction, such order or judgment shall be confined in
 its operation to the controversy in which it was rendered, and shall not
 affect or invalidate the remainder of any provision of this act  or  the
 application of any part thereof to any other person or circumstances and
 to this end each of the provisions of this act are hereby declared to be
 separable.
        S. 6294--A                          3                         A. 9084--A
 

S 3. This act shall take effect October 1, 2012; provided that, effec
 tive  immediately, member agencies of the out-of-state placement commit
 tee are authorized and directed to promulgate any regulations  necessary
 to implement the provisions of this act on such effective date.

S6294A-2011: Requires the out-of-state placement committee to develop standards, regulations and recommendations for aversive intervention methods and techniques