Bill Text: NY S04204 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides legal assistance to youth ordered by the court into the custody of the office of children and family services and placed or committed to a state operated juvenile detention center.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S04204 Detail]
Download: New_York-2019-S04204-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4204 2019-2020 Regular Sessions IN SENATE March 4, 2019 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law and the executive law, in relation to providing legal assistance to youth ordered by the court into the custody of the office of children and family services and placed or committed to a state operated juvenile detention center The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (a) of section 47.01 of the mental hygiene law, 2 as amended by chapter 7 of the laws of 2007, is amended to read as 3 follows: 4 (a) There shall be a mental hygiene legal service of the state in each 5 judicial department. The service shall provide legal assistance to 6 patients or residents of a facility as defined in section 1.03 of this 7 chapter, or any other place or facility which is required to have an 8 operating certificate pursuant to article sixteen or thirty-one of this 9 chapter, and to persons alleged to be in need of care and treatment in 10 such facilities or places, and to persons entitled to such legal assist- 11 ance as provided by article ten of this chapter. The services shall 12 also provide legal assistance to youth ordered by the court into the 13 custody of the office of children and family services and placed or 14 committed to a state operated juvenile detention center. The head of 15 such service in each judicial department and such assistants and such 16 staff as may be necessary shall be appointed and may be removed by the 17 presiding justice of the appellate division of the judicial department. 18 Appointments and transfers to the service shall comply with the 19 provisions of the civil service law. Standards for qualifications of the 20 personnel in the service shall be established by the presiding justice 21 of the appellate division of the judicial department. The presiding 22 justice of the appellate division of the judicial department shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00013-01-9S. 4204 2 1 promulgate such rules or regulations as may be necessary to effectuate 2 the purposes of this article. 3 § 2. Section 47.03 of the mental hygiene law, as added by chapter 789 4 of the laws of 1985, subdivision (c) as amended by chapter 408 of the 5 laws of 1999, subdivisions (d) and (e) as amended and subdivision (f) as 6 added by chapter 7 of the laws of 2007, is amended to read as follows: 7 § 47.03 Functions, powers and duties of the service. 8 The mental hygiene legal service in each judicial department of the 9 state shall perform the following duties: 10 (a) To study and review the admission and retention of all patients or 11 residents which shall include a review of the willingness of the patient 12 or resident to remain in his or her status and the determination of the 13 facility director as to suitability of such status, as provided for by 14 this chapter; 15 (b) To inform patients or residents and, in proper cases, others 16 interested in such persons' welfare of procedures for admission and 17 retention and of the patients' or residents' right to have judicial 18 hearing and review, to be represented by legal counsel, and to seek 19 independent medical opinion; 20 (c) To provide legal services and assistance to patients or residents 21 and their families related to the admission, retention, and care and 22 treatment of such persons, to provide legal services and assistance to 23 subjects of a petition or patients subject to section 9.60 of this chap- 24 ter, and to inform patients or residents, their families and, in proper 25 cases, others interested in the patients' or residents' welfare of the 26 availability of other legal resources which may be of assistance in 27 matters not directly related to the admission, retention, and care and 28 treatment of such patients or residents; 29 (d) To provide legal services and assistance to youth residing in 30 juvenile detention centers and their families related to the retention, 31 care and treatment of such persons, and to inform youth and their fami- 32 lies and in proper cases, others interested in the youths' welfare, of 33 the availability of other legal resources which may be of assistance in 34 matters not directly related to the retention, care and treatment of 35 such youth; 36 (e) To be granted access at any and all times to any facility or place 37 or part thereof described in subdivision (a) of section 47.01 of this 38 article, and to all books, records and data pertaining to any such 39 facility or place deemed necessary for carrying out its functions, 40 powers and duties. The mental hygiene legal service may require from the 41 officers or employees of such facility or place any information deemed 42 necessary for the purpose of carrying out the service's functions, 43 powers and duties. Information, books, records or data which are confi- 44 dential and any limitations on the release thereof imposed by law upon 45 the party furnishing the information, books, records or data shall apply 46 to the service. Provided, however, whenever federal regulations 47 restrict, or as a condition of federal aid require that a facility 48 restrict the release of information contained in the clinical record of 49 a patient or client, or restrict disclosure of the identity of a patient 50 or access to that patient, to a greater extent than is allowed under 51 this section, the provisions of such federal law or federal regulation 52 shall be controlling; 53 [(e)] (f) To initiate and take any legal action deemed necessary to 54 safeguard the right of any patient [or], resident or youth to protection 55 from abuse or mistreatment, which may include investigation into anyS. 4204 3 1 such allegations of abuse or mistreatment of any such patient or resi- 2 dent; and 3 [(f)] (g) To provide legal services and assistance in accordance with 4 article ten of this chapter. 5 § 3. The executive law is amended by adding a new section 508-a to 6 read as follows: 7 § 508-a. Legal services and assistance to youth. In addition to any 8 law guardian, court appointed counsel or private counsel a youth may 9 have, the mental hygiene legal service in each judicial department of 10 the state, established pursuant to article forty-seven of the mental 11 hygiene law, shall provide legal services and assistance to youth and 12 their family relating to the retention, care and treatment of such youth 13 when such youth is ordered by the court into the custody of the office 14 of children and family services and placed or committed to a state oper- 15 ated juvenile detention center. 16 § 4. This act shall take effect on the ninetieth day after it shall 17 have become a law; provided, however, that the amendments to subdivision 18 (c) of section 47.03 of the mental hygiene law made by section two of 19 this act shall not affect the expiration and reversion of such subdivi- 20 sion and shall be deemed to expire therewith. Effective immediately, the 21 addition, amendment and/or repeal of any rule or regulation necessary 22 for the implementation of this act on its effective date are authorized 23 and directed to be made and completed on or before such effective date.
