BILL NUMBER: S269
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the mental hygiene law and the executive law, in
relation to establishing an electronic monitoring program for children
diagnosed with developmental disabilities
 
PURPOSE OR GENERAL IDEA OF BILL:
To create a state-wide program to provide parents of children with an
autism spectrum disorder or other developmental disability with elec-
tronic location devices that can geographically monitor such children.
 
SUMMARY OF PROVISIONS:
This bill would require the Office for People with Developmental Disa-
bilities (OPWDD) in consultation with the Division of Criminal Justice
Services (DCJS) to establish a voluntary electronic location program for
children who have been diagnosed with a developmental disability. The
electronic location program would allow parents and other legal guardi-
ans to receive the geographic location of their child when they are
lost, missing or otherwise unaccounted for and they may provide that
information to law enforcement to help locate the child.
This bill would require DCJS in conjunction with OPWDD to provide recom-
mendations to law enforcement agencies about appropriate response tech-
niques when interacting with individuals with disabilities.
 
JUSTIFICATION:
According to the Academy of Pediatrics, almost half of all children with
autism have run away from home or gone missing at least once before the
age of 17. In addition to the quantity of these cases, the nature of
missing children cases is ranked by law enforcement to be among the most
difficult to handle largely due to the tactics used by investigators to
find the children; search dogs, sirens, and yelling the child's name are
often frightening for those with autism. There needs to be a tailored
and effective approach for finding children with autism when they are
missing. The current GPS tracking devices that some children with autism
wear often do not have a range. large enough to accommodate the long
distances that these children might travel.
On January 21st, 2014 the parents of Avonte Oquendo heard the news that
no parents should ever have to hear- their child had passed a way.
Avonte, a 14-year-old boy, wandered out of his Queens school in October
of 2013. The family, community, and NYPD conducted an exhaustive search
for months to no avail. Avonte's mother sent a note to his school warn-
ing them of Avonte's tendency to run, as events like this are all too
common to parents of children with autism.
In 2014, Jose Leon left his Yonkers school, and did not get on the bus
to go home. Jose was found at 4:30 AM the next day in Dobbs Ferry. It
is likely he had spent the night of December 10 outside, while temper-
atures were almost below freezing. Despite his return to school two days
later, he could have suffered serious injury.
In 2015, a 10-year-old girl in Missouri wandered into single-digit
weather while her mother was sleeping. She was found early in the morn-
ing outside without shoes or socks. The mother told reporters that her
daughter had left the house unattended several times before.
In 2016, Kyle Hoffmaier left his parents' home in Kips Bay, Manhattan
after quarreling with his parents. The New York Post reported that "a
small army- including active and retired firefighters, members of the
Guardian Angels, friends, and family" searched for him. Kyle was found
in good health 5 days later in Forest Hills, Queens and reunited with
his family.
The many instances of autistic and developmentally disabled children who
wander off clearly demonstrate the need for electronic location
services. Time is a critical factor in safely locating children with
disabilities with a tendency to wander. This bill establishes a volun-
tary program that would provide parents of children with developmental
disabilities with electronic location devices to,be worn by their chil-
dren and paired with a receiver given to the parents. If a child with
autism wanders this device will help parents and police locate them in
an efficient and timely fashion.
 
PRIOR LEGISLATIVE HISTORY:
2022-2024: S61 - Died in Health
2021-2022: S1211/A6071 - Died in Health/Died in People with Disabilities
2019-2020: S3680A2833 - Died in Health/Died in People with Disabilities
2017-2018: S1629A/A5398A - Died in Health
2015-2016: S3288A/A1203A - Passed Senate/Died in Health
2013-2014: S7491/A9976 - Died in Health
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect one hundred and twenty days after it shall
have become law.

Statutes affected:
S269: 837 executive law