A4426-2011 Actions

• Jan 31, 2012: REFERRED TO CHILDREN AND FAMILIES
• Jan 31, 2012: delivered to senate
• Jan 31, 2012: passed assembly
• Jan 4, 2012: ordered to third reading cal.161
• Jan 4, 2012: RETURNED TO ASSEMBLY
• Jan 4, 2012: DIED IN SENATE
• Jun 1, 2011: REFERRED TO CHILDREN AND FAMILIES
• Jun 1, 2011: delivered to senate
• Jun 1, 2011: passed assembly
• May 26, 2011: advanced to third reading cal.460
• May 24, 2011: reported
• May 17, 2011: reported referred to codes
• Feb 3, 2011: referred to children and families

A4426-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4426
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 3, 2011
 
 Introduced  by M. of A. SCARBOROUGH, ROBINSON, O'DONNELL, JAFFEE, BARRON
 -- Multi-Sponsored by -- M. of  A.  CLARK,  GLICK,  KELLNER,  MILLMAN,
 PHEFFER  --  read  once  and referred to the Committee on Children and
 Families
 

AN ACT to amend the executive law, in relation to enacting  the  "SAFETY
 act"
 

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

 

Section 1.  Short title. This act shall be known and may be  cited  as
 the "SAFETY act".
 

S  2.  Article  19-G  of  the executive law is amended by adding a new
 title 5 to read as follows:

 TITLE 5
 SAFE AND FAIR EQUAL TREATMENT FOR YOUTH (SAFETY) ACT
 SECTION 531-A. LEGISLATIVE INTENT.
 531-B. DEFINITIONS.
 531-C. DISCRIMINATION AND HARASSMENT PROHIBITED.
 531-D. POLICIES AND GUIDELINES.
 531-E. COMMISSIONER'S RESPONSIBILITIES.
 531-F. REPORTING BY COMMISSIONER.
 531-G. PROTECTION OF PEOPLE WHO REPORT DISCRIMINATION OR HARASS
 MENT.
 531-H. APPLICATION.
 531-I. SEVERABILITY AND CONSTRUCTION.
 

S 531-A. LEGISLATIVE INTENT.   THE LEGISLATURE FINDS  THAT  YOUTH  ARE
 PLACED  WITH  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES IN ORDER TO
 PROVIDE THOSE YOUTH THE OPPORTUNITY FOR REHABILITATION. SUCH AN OPPORTU
 NITY INCLUDES THE  PROVISION  OF  EDUCATIONAL,  THERAPEUTIC,  AND  OTHER
 NECESSARY  SERVICES TO ENSURE THAT THESE YOUTH CAN BECOME SUCCESSFUL AND
 PRODUCTIVE MEMBERS OF THEIR COMMUNITIES. THE LEGISLATURE  FINDS  THAT  A
 YOUTH'S  OPPORTUNITY  FOR  REHABILITATION  AND ABILITY TO LEARN AND MEET
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03580-01-1
 
       A. 4426                             2
 HIGH STANDARDS OF BEHAVIOR AND ACADEMIC ACHIEVEMENT ARE  COMPROMISED  BY
 INCIDENTS  OF DISCRIMINATION AND HARASSMENT. IT IS HEREBY DECLARED TO BE
 THE POLICY OF THE STATE TO AFFORD ALL YOUTH IN  FACILITIES  OPERATED  BY
 THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  AN ENVIRONMENT FREE OF
 DISCRIMINATION AND HARASSMENT BASED ON ACTUAL OR PERCEIVED RACE,  COLOR,
 NATIONAL ORIGIN, ETHNIC GROUP, RELIGION, RELIGIOUS PRACTICE, DISABILITY,
 SEXUAL  ORIENTATION,  GENDER,  OR  SEX.  THE PURPOSE OF THIS TITLE IS TO
 FOSTER CIVILITY IN FACILITIES OPERATED BY THE  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES  AND  TO  PREVENT AND PROHIBIT CONDUCT WHICH PLACES ANY
 YOUTH'S OPPORTUNITY FOR REHABILITATION IN JEOPARDY.
 

S 531-B. DEFINITIONS. FOR THE PURPOSES OF THIS  TITLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:

 1.  "DISABILITY" SHALL MEAN DISABILITY AS DEFINED IN SUBDIVISION TWEN
 TY-ONE OF SECTION TWO HUNDRED NINETY-TWO OF THIS CHAPTER.
 2. "EMPLOYEE" SHALL MEAN EMPLOYEE OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES.
 3. "FACILITY" SHALL MEAN A RESIDENTIAL FACILITY OPERATED BY THE OFFICE
 OF CHILDREN AND FAMILY SERVICES.
 4. "GENDER" SHALL MEAN ACTUAL OR PERCEIVED SEX  AND  SHALL  INCLUDE  A
 PERSON'S GENDER IDENTITY OR EXPRESSION.
 5.  "HARASSMENT"  SHALL  MEAN THE CREATION OF A HOSTILE ENVIRONMENT BY
 CONDUCT OR BY VERBAL THREATS, INTIMIDATION OR ABUSE, INCLUDING  CONDUCT,
 VERBAL  THREATS,  INTIMIDATION  OR  ABUSE  BASED ON A PERSON'S ACTUAL OR
 PERCEIVED RACE, COLOR, NATIONAL ORIGIN, ETHNIC  GROUP,  RELIGION,  RELI
 GIOUS  PRACTICE, DISABILITY, SEXUAL ORIENTATION, GENDER OR SEX, THAT HAS
 OR WOULD HAVE THE EFFECT OF UNREASONABLY AND  SUBSTANTIALLY  INTERFERING
 WITH  A YOUTH'S OPPORTUNITY FOR REHABILITATION, EDUCATIONAL PERFORMANCE,
 OPPORTUNITIES OR BENEFITS, OR MENTAL, EMOTIONAL OR PHYSICAL  WELL-BEING;
 OR CONDUCT, VERBAL THREATS, INTIMIDATION OR ABUSE THAT REASONABLY CAUSES
 OR  WOULD REASONABLY BE EXPECTED TO CAUSE A YOUTH TO FEAR FOR HIS OR HER
 PHYSICAL SAFETY.
 6. "PROGRAM" SHALL MEAN ANY PROGRAM OPERATED BY THE OFFICE OF CHILDREN
 AND FAMILY SERVICES AS A REHABILITATIVE SERVICE FOR YOUTH WHO HAVE  BEEN
 ADJUDICATED DELINQUENT PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT
 OR  A  PERSON  IN  NEED  OF SUPERVISION PURSUANT TO ARTICLE SEVEN OF THE
 FAMILY COURT ACT.
 

S 531-C. DISCRIMINATION AND HARASSMENT PROHIBITED.  1. NO YOUTH  SHALL
 BE  SUBJECTED  TO HARASSMENT BY EMPLOYEES OF FACILITIES OR PROGRAMS; NOR
 SHALL ANY YOUTH BE SUBJECTED TO DISCRIMINATION  BASED  ON  THAT  YOUTH'S
 ACTUAL  OR  PERCEIVED  RACE, COLOR, NATIONAL ORIGIN, ETHNIC GROUP, RELI
 GION, RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, GENDER, OR SEX
 BY FACILITY OR PROGRAM EMPLOYEES  OR  YOUTH  IN  A  FACILITY  OR  DURING
 PARTICIPATION IN A PROGRAM.
 2.  AN  AGE-APPROPRIATE  VERSION OF THE POLICY OUTLINED IN SUBDIVISION
 ONE OF THIS SECTION, WRITTEN IN PLAIN-LANGUAGE, SHALL  BE  PRESENTED  TO
 EACH YOUTH UPON HIS OR HER ORIENTATION TO ANY FACILITY OR PROGRAM.
 

S  531-D.  POLICIES AND GUIDELINES.  THE OFFICE OF CHILDREN AND FAMILY
 SERVICES SHALL CREATE POLICIES AND GUIDELINES THAT  SHALL  INCLUDE,  BUT
 NOT BE LIMITED TO:

 1. POLICIES INTENDED TO CREATE A FACILITY AND PROGRAM ENVIRONMENT THAT
 IS FREE FROM DISCRIMINATION OR HARASSMENT;
 2.  GUIDELINES TO BE USED IN FACILITY AND PROGRAM TRAINING CURRICULUMS
 TO DISCOURAGE THE DEVELOPMENT OF DISCRIMINATION OR HARASSMENT  AND  THAT
 ARE DESIGNED:

 A.  TO  RAISE  THE  AWARENESS  AND SENSITIVITY OF FACILITY AND PROGRAM
 EMPLOYEES TO POTENTIAL DISCRIMINATION OR HARASSMENT, AND
 
       A. 4426                             3
 B. TO ENABLE FACILITY AND PROGRAM EMPLOYEES  TO  PREVENT  AND  RESPOND
 APPROPRIATELY TO DISCRIMINATION OR HARASSMENT; AND
 3.   GUIDELINES  RELATING  TO  THE  DEVELOPMENT  OF  NONDISCRIMINATORY
 INSTRUCTIONAL AND COUNSELING METHODS, AND REQUIRING THAT  AT  LEAST  ONE
 STAFF  MEMBER  AT  EVERY  FACILITY  AND PROGRAM BE THOROUGHLY TRAINED TO
 HANDLE HUMAN RELATIONS IN THE AREAS OF  RACE,  COLOR,  NATIONAL  ORIGIN,
 ETHNIC  GROUP,  RELIGION,  RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIEN
 TATION, GENDER, AND SEX.
 

S 531-E. COMMISSIONER'S RESPONSIBILITIES. THE COMMISSIONER SHALL:

 1.   DEVELOP MODEL  POLICIES  AND,  TO  THE  EXTENT  POSSIBLE,  DIRECT
 SERVICES,  TO  FACILITIES  AND  PROGRAMS RELATED TO PREVENTING DISCRIMI
 NATION AND HARASSMENT AND TO FOSTERING AN ENVIRONMENT IN EVERY  FACILITY
 AND  PROGRAM  WHERE  ALL  YOUTH CAN LIVE, LEARN AND REFORM IN A SAFE AND
 SUPPORTIVE ENVIRONMENT FREE OF MANIFESTATIONS OF BIAS;
 2. PROMULGATE REGULATIONS TO ASSIST FACILITIES AND PROGRAMS IN  IMPLE
 MENTING  THIS TITLE INCLUDING, BUT NOT LIMITED TO, REGULATIONS TO ASSIST
 FACILITIES AND PROGRAMS IN DEVELOPING MEASURED, BALANCED, AND AGE-APPRO
 PRIATE RESPONSES TO VIOLATIONS OF THIS POLICY, WITH REMEDIES AND  PROCE
 DURES FOCUSING ON INTERVENTION AND THE CREATION OF A SAFE AND SUPPORTIVE
 REHABILITATIVE ENVIRONMENT.
 

S  531-F.  REPORTING  BY COMMISSIONER. THE COMMISSIONER SHALL CREATE A
 PROCEDURE UNDER WHICH MATERIAL INCIDENTS OF DISCRIMINATION  AND  HARASS
 MENT  IN  FACILITIES  OR PROGRAMS ARE REPORTED TO THE OFFICE OF CHILDREN
 AND FAMILY SERVICES ON AN ANNUAL BASIS.   SUCH PROCEDURE  SHALL  PROVIDE
 THAT  SUCH REPORTS SHALL, WHEREVER POSSIBLE, ALSO DELINEATE THE SPECIFIC
 NATURE OF SUCH INCIDENTS OF DISCRIMINATION OR HARASSMENT  PROVIDED  THAT
 SUCH DETAILS SHALL INCLUDE ONLY NON-CLIENT IDENTIFYING INFORMATION.
 

S 531-G. PROTECTION OF PEOPLE WHO REPORT DISCRIMINATION OR HARASSMENT.
 ANY  PERSON  HAVING  REASONABLE  CAUSE  TO SUSPECT THAT A YOUTH HAS BEEN
 SUBJECTED TO DISCRIMINATION OR HARASSMENT IN A FACILITY OR PROGRAM, WHO,
 ACTING REASONABLY AND IN GOOD FAITH, EITHER REPORTS SUCH INFORMATION  TO
 FACILITY  OR  PROGRAM  OFFICIALS,  TO  THE COMMISSIONER OF THE OFFICE OF
 CHILDREN AND FAMILY SERVICES,  OR  TO  LAW  ENFORCEMENT  AUTHORITIES  OR
 OTHERWISE INITIATES, TESTIFIES, PARTICIPATES OR ASSISTS IN ANY FORMAL OR
 INFORMAL  PROCEEDINGS  UNDER  THIS  TITLE,  SHALL HAVE IMMUNITY FROM ANY
 CIVIL LIABILITY THAT MAY ARISE FROM THE MAKING OF SUCH  REPORT  OR  FROM
 INITIATING,  TESTIFYING,  PARTICIPATING  OR  ASSISTING IN SUCH FORMAL OR
 INFORMAL PROCEEDINGS, AND NO FACILITY OR PROGRAM  EMPLOYEE  SHALL  TAKE,
 REQUEST  OR  CAUSE  A  RETALIATORY  ACTION  AGAINST ANY SUCH PERSON WHO,
 ACTING REASONABLY AND IN GOOD FAITH,  EITHER  MAKES  SUCH  A  REPORT  OR
 INITIATES, TESTIFIES, PARTICIPATES OR ASSISTS IN SUCH FORMAL OR INFORMAL
 PROCEEDINGS.
 

S  531-H.   APPLICATION. NOTHING IN THIS TITLE SHALL PRECLUDE OR LIMIT
 ANY RIGHT OR CAUSE OF ACTION PROVIDED UNDER ANY LOCAL, STATE OR  FEDERAL
 ORDINANCE,  LAW  OR REGULATION INCLUDING BUT NOT LIMITED TO ANY REMEDIES
 OR RIGHTS AVAILABLE UNDER THE INDIVIDUALS  WITH  DISABILITIES  EDUCATION
 ACT, TITLE VII OF THE CIVIL RIGHTS LAW OF 1964, SECTION 504 OF THE REHA
 BILITATION ACT OF 1973 OR THE AMERICANS WITH DISABILITIES ACT OF 1990.
 

S  531-I.  SEVERABILITY AND CONSTRUCTION. THE PROVISIONS OF THIS TITLE
 SHALL BE SEVERABLE, AND IF ANY COURT OF COMPETENT JURISDICTION  DECLARES
 ANY  PHRASE,  CLAUSE, SENTENCE OR PROVISION OF THIS TITLE TO BE INVALID,
 OR ITS APPLICABILITY TO ANY GOVERNMENT AGENCY, PERSON OR CIRCUMSTANCE IS
 DECLARED INVALID, THE REMAINDER OF THIS TITLE AND ITS RELEVANT  APPLICA
 BILITY  SHALL  NOT  BE  AFFECTED.  THE PROVISIONS OF THIS TITLE SHALL BE
 LIBERALLY CONSTRUED TO GIVE EFFECT TO THE PURPOSES THEREOF.
 
       A. 4426                             4
 

S 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law, except that any rules or regulations  neces
 sary  for  the  timely  implementation of this act on its effective date
 shall be promulgated on or before such date.

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