NY Soc Serv L § 483-E (2021)
2021 New York Laws SOS - Social Services Article 10-C - State Council on Children and Families 483-E - Restraint and Crisis Intervention Technique Committee.

§  483-e.  Restraint  and  crisis intervention technique committee. 1. Committee established. There is hereby established within the council  a restraint  and  crisis intervention technique committee comprised of the commissioner of children and family services, the commissioner of mental health, the commissioner of the office  for  people  with  developmental disabilities,  the  commissioner  of  education  and the commissioner of health. The committee shall include  at  least  two  representatives  of statewide  and  regional provider organizations that represent providers of educational and residential services to children, at least two mental health professionals who provide direct  care  on  a  regular  basis  to children served by the program types provided in subdivision two of this section and at least one representative of parents of children requiring special services.   2.   Establishment  of  coordinated  standards.  The  committee  shall identify the most effective, least restrictive and safest techniques for the modification of a child's behavior  in  response  to  an  actual  or perceived  threat  by such child of harm or bodily injury to such child, or to another person, where such child is a resident  of,  or  otherwise served  by  a residential treatment facility, a children's day treatment program, a family  based  treatment  home,  a  community  residence,  an individualized   residential   alternative,  a  family  care  home,  day habilitation, day treatment, an intermediary care facility,  residential habilitation,  an  agency  operated  boarding  home, an approved private residential school or an approved private non-residential  school.  Such techniques  shall  include,  but  not be limited to, the use of physical restraint, therapeutic crisis intervention, crisis  management  or  such other de-escalation techniques designed to help staff assist children to manage  crisis  situations.  The committee shall review models of crisis prevention and intervention, including the use of  physical  restraints. The  committee  shall establish uniform and coordinated standards giving preference to the least restrictive alternative  for  the  use  of  such techniques in such children service settings.   3.  Recommendations and report. The committee shall develop additional recommendations regarding crisis intervention as  it  deems  appropriate including,  but  not limited to, appropriate staffing patterns to safely implement such techniques, specific training curriculum  and  regulatory amendments governing the oversight of staff training efforts implemented by  the  commissioners.  Such  recommendations,  together  with proposed regulations relating thereto, shall be included in a report submitted to the governor and the legislature no  later  than  September  first,  two thousand seven.   4.  Future  responsibilities.  In  addition  to the duties provided in subdivisions one through three of this section, the committee shall have the following responsibilities:  (a) the committee shall report to the governor and legislature, on  or before  October thirty-first, two thousand nine, on the progress made to implement the recommendations outlined in the  September,  two  thousand seven  report;  on  aggregate  agency-specific  data and improvements in agency-specific tracking systems in order to provide evidence of  system changes;  and shall revise the report to specifically include children's day treatment programs and  any  other  setting  serving  children  that authorizes   the   use  of  restraints  in  each  of  the  findings  and recommendations presented in such report; and  (b) the committee shall report to the  governor  and  legislature,  no later  than  October  thirty-first,  two  thousand  ten,  and  each year thereafter, on  the  progress  made  to  implement  the  recommendations outlined  in  the  September,  two  thousand  seven  report, and any new recommendations made in the two thousand nine  report,  along  with  any  other  outstanding  issues  and recommendations for implementing uniform and coordinated standards that  the  committee  deems  appropriate.  The committee  shall  include  in  its  report  the  implementation  of  the coordinated  standards  by each agency, including but not limited to the revision and coordination  of  regulations,  modifications  to  training curricula  and  staffing  models, and may include a recommendation as to whether the committee should be continued as its  exists,  expanded,  or discontinued.