S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5067

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M. of A. SIMON, PICHARDO, ROBINSON -- Multi-Sponsored by
  -- M. of A. MAGEE, MOSLEY, PERRY -- read  once  and  referred  to  the
  Committee on Children and Families

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;
  (4) CONTINGENT FOOD PROGRAMS THAT INCLUDE DENIAL OR DELAY OF MEALS  OR
INTENTIONALLY  ALTERING  STAPLE  FOOD  OR  DRINK  IN  ORDER  TO  MAKE IT
DISTASTEFUL;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06104-01-5
              

A. 5067                             2

  (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 3. This act shall take effect October 1, 2015; 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.