An Act to Protect Youth in Congregate Care and Residential Programs

WSB/2/2

Sponsored by Adriana Milford of Smyrna High School

This legislation was filed in the Childrens Services category

Presented as part of the YIG Volunteer 2024 conference

1 BE IT ENACTED BY THE TENNESSEE YMCA YOUTH IN GOVERNMENT
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3 Section 1:
4 Congregate care: a residential childcare community or treatment center that consists of 24-hour
5 supervision for children in structured settings such as group homes, residential treatment facilities,
6 or maternity homes
7 Residential programs: a 24-hour, live-in, seven-day-a-week treatment program facility providing
8 intensive rehabilitation services to individuals unable to live or work in the community due to
9 social, emotional, or physical disabilities resulting from substance abuse or problem gambling
10 Suicidal ideation: suicidal thoughts, is the thought process of having ideas, or ruminations about
11 the possibility of committing suicide.
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13 Section 2: Establishes a bill of rights for every youth in congregate care
14 a. The right to physical well-being, including freedom all forms of physical, psychological, and
15 sexual abuse, neglect, exploitation, financial exploitation, and excessive medication; freedom from
16 aversive behavioral interventions, physical, mechanical, and chemical restraint or seclusion,
17 protection against unreasonable search and seizure; including the use of strip searches or cavity
18 searches as a means of punishment
19 b. The right to social and emotional well-being, including prohibition of extended periods of forced
20 silence, restriction of communication with staff, caregivers, child protective services, law
21 enforcement, or advocates; sufficient educational and life skills imparted onto them, reasonable
22 daily access to the outdoors
23 c. The right to have essential needs met including access to water, food, sleep, shelter, hygiene
24 products, proper clothing, a clean environment, and medical aid.
25 d. The right to individualized and appropriate treatment that is culturally competent, trauma-
26 informed, most supportive of such each youth’s personal liberty and development
27 e. The right to be free from abusive, humiliating, degrading, or traumatizing treatment by staff or
28 other youth; including the ability to report mistreatment anonymously without fear of reprisal,
29 access to a protection and advocacy agency
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31 Section 3: Youth residential programs are required to have one or more licensed nurses or doctors
32 on site, along with licensed therapists that are trained to deal with mental illness in children and
33 young adults. All staff members must be trained to recognize signs of suicidal ideation, depression,
34 and actions consistent with psychosis.
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36 Section 4: Staff members must receive training to recognize signs of dehydration, hypothermia,
37 hyperthermia, heat exhaustion, asthma attacks, seizures, injuries including broken or sprained
38 bones, torn muscles, and other common injuries; they must know procedures to help in these
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40 survival, they must have proper access to radio or other communication devices in case of
41 emergency, all excursions shall have a 1:4 ratio of staff to youth. All trips must have a minimum
42 of 2 staff members.
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44 Section 5: Residential programs must make daily updates to the files of each youth enrolled in the
45 program. Must document any complaints of pain, illness, depressive or harmful thoughts, or
46 violent actions from the youth. Any physical action used against the youth by staff must be
47 recorded including restrain or medication. A copy of the youth’s file will be given to the guardian of
48 child upon removal of the program.
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50 Section 6: Programs that violate the youth bill of rights will face a judge that will decide the
51 severity of the transgression and conclude if consequences will include individual prosecution, a
52 fine towards the program, or closure of the program.
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54 Section 7: The implementation of the youth bill of rights does not have a cost.
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56 Section 8: All laws or parts of laws in conflict with this are hereby repealed.
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58 Section 9: This act shall take effect June 1, 2024, the public welfare requiring it.
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