New York State Parent Notifications and Rights - Devereux Advanced Behavioral Health New York


Our Services Children's Services New York CARES Adult Services Self Advocacy	New York State Parent Notifications and Rights Parents and guardians are required by the New York State Education Department to receive information on school policies associated with family/student rights and safety of their information and their person. Much of this information is contained in the family “Welcome Manual,” which you should receive upon your child’s admission. View our Devereux New York Children’s Services Education Program Handbook. You may also reach out to your child’s school administrator to obtain a copy. On this page, we will present specific policies, including: Family and student Bill of Rights Grievance Policy Data privacy, as it relates to FERPA and Education Law §2-D Policy on physical restraints/time outs If you have any questions about the information on this page, please reach out to your school administrator. Bill of Rights Family Rights All families served by Devereux have the right to: Hold Devereux accountable to the promise of its Family Standard, whereby their family and their loved one in care will: Be treated with dignity, respect, appreciation and empathy Receive services in treatment settings which foster positive family relationships Receive appropriate levels of care according to the needs of their loved one Receive timely and appropriate medical care and follow-up Receive person-centered and strength-based care individualized to their loved one's needs Receive equitable care – race, ethnicity, national origin, religion, ability, gender, gender identity, sexual orientation and age will not impact quality of care Have their confidentiality and privacy protected Have questions and grievances taken seriously, and addressed in a safe and timely manner Actively engage in their loved one's care and treatment Be recognized and valued for their expertise regarding their loved one Incorporate their own family values, culture and preferences into the treatment model Participate meaningfully in treatment and planning team meetings, evaluations and feedback sessions Receive resources, trainings, supports and continuing education regarding their loved one's diagnoses and conditions Be actively involved in the discharge planning process Communicate openly and in the way that best meets their and their loved one's unique needs Be heard and supported regarding their views, opinions and concerns Have ongoing and frequent communication with their family member in care, as well as their loved one's staff and treatment team Receive comprehensive information about diagnoses, medications, individualized treatment options and plans, available programs, activities and experiences, progress and expected outcomes Request an interpreter to facilitate full communication and understanding in the family's preferred language Child/Youth Individual Rights At Devereux Advanced Behavioral Health, your family member in our care has the following rights: To be treated with fairness, dignity and respect To retain all civil rights that have not been specifically restricted by a court of law To not be discriminated against because of race, ethnicity, national origin, religion, ability, gender, gender identity, sexual orientation or age To not be abused, mistreated, threatened, harassed or subject to corporal punishment To be informed of the rules of the facility To communicate with others by telephone subject to your center and program's communication policy and your personal circumstances. To visit with family, as per your center and program's visitation policy and your personal circumstances To receive and send mail, as per your center and program's policy To communicate and visit privately with your attorney and clergy To be protected from unreasonable search and seizure. A facility may conduct search and seizure procedures, subject to reasonable facility policy. To practice your religion or faith of choice, or not to practice any religion or faith To appropriate medical, behavioral health and dental treatment To habilitation and treatment To be free of excessive medication To not be subjected to unusual or extreme methods of discipline which may cause psychological or physical harm Grievance Policy At Devereux Advanced Behavioral Health, we remain committed to providing high-quality, evidence-based care and service that is compassionate and responsive to the needs of the individuals and families we serve. Our Complaint and Grievances Policy (Policy #226) provides a structured mechanism for handling concerns, ensuring a timely review and response to issues related to safety and the quality of care received. A "complaint" is an oral or written expression of displeasure or dissatisfaction with services received that can be immediately resolved by the staff present at the time. A "grievance" is an oral or written complaint that is not immediately resolved by the staff present at the time. We have developed several methods for families and caregivers to communicate with their individual's team about complaints and grievances. We also encourage you to share successes and satisfaction with us, as well. Call or email your loved one's staff and management directly to communicate any issues or concerns. Your Welcome Book provides contact information. Visit Devereux's national website, scroll down the page and, in the blue "Devereux Family Members and Caregivers" box, click the "Contact Us" button to access our Family/Caregiver Feedback Form. Select the center in which your loved one receives services, and then complete and submit the form. Each center has an anonymous "Comment Box" for the individuals in our care to provide feedback. Individuals can provide positive feedback and praise, or share any issues and concerns they might have. Talk with center staff to learn more. Our families and caregivers play an integral role in achieving successful treatment and outcomes for the individuals we serve, and it is essential that we work together to make a meaningful and positive difference in the lives of your loved ones every day. Data Privacy for Families/Guardians The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. Devereux's policies and practices are consistent with this law. FERPA gives parents/guardians certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level (if the parent has not obtained legal guardianship). Students to whom the rights have transferred are "eligible students." Parents/guardians or eligible students have the right to inspect and review the student's education records maintained by Devereux. Devereux is not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Devereux may charge a fee for copies. A parent/guardian or eligible student may contact Devereux Records Department 845-758-1899 x378901 in order to inspect and review the student's educational record. Parents/guardians or eligible students have the right to request that Devereux correct records which they believe to be inaccurate or misleading. If Devereux decides not to amend the record, the parent/guardian or eligible student then has the right to a formal hearing. After the hearing, if Devereux still decides not to amend the record, the parent/guardian or eligible student has the right to place a statement within the record setting forth his or her view about the contested information. A parent/guardian or eligible student may contact Devereux Records Department 845-758-1899 x378901 with a concern about the accuracy of the student's educational record. If that concern is not addressed, the parent/guardian or eligible student may refer back to their Committee on Special Education. Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31). Devereux will release records to the following parties with appropriate documentation of the request: School officials with legitimate educational interest; Other schools to which a student is transferring; Specified officials for audit or evaluation purposes; Appropriate parties in connection with financial aid to a student; Organizations conducting certain studies for or on behalf of the school; Accrediting organizations; To comply with a judicial order or lawfully issued subpoena; Appropriate officials in cases of health and safety emergencies; and State and local authorities, within a juvenile justice system, pursuant to specific State law. According to FERPA, schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. Devereux does NOT maintain a directory of student information and therefore, this information will not be disclosed without your consent. If you believe your rights have been violated under the FERPA Act, you may learn how to file a complaint with the U.S. Department of Education here: File a Complaint I Protecting Student Privacy Additionally, EDUCATION LAW §2-D regarding data privacy and security guarantees a parent/guardian or eligible students the following rights: A student's personally identifiable information (PII) will not be sold or released for any commercial purposes. PII includes direct identifiers such as name, identification number, parent's name, address, and indirect identifiers such as date of birth, when links to or combined with other information can be used to distinguish or trace a student's identity. Technical, physical and administrative safeguards, standards, policies and procedures are in place at Devereux when student PII is stored or transferred. These include, but are not limited to: encryption, firewalls, multi-factor authentication and other access management controls, awareness training, and monitoring all in place to mitigate risk. A complete list of student data elements that may be collected by Devereux, consistent with what is allowable by Education Law §2-D, is available at http://www.nysed.gov/data-privacy-security/student-data-inventory The right to have complaints about possible breaches and unauthorized disclosures of PII can be addressed by contacting the Corporate Privacy Officer at (610) 542-3084 To be notified in accordance with applicable laws and regulations if a breach or unauthorized release of PII occurs. Devereux staff who handle PII are trained annually on applicable state and federal laws, policies and safeguards associated with industry standards and best practices that protect PII. When Devereux partners with outside vendors for IEP-driven services who may receive PII, privacy and security requirements are similarly in effect and are communicated via contract. Use of Physical Restraints and/or Time Outs in New York Education Programs I. This will outline the use of physical interventions and time outs in Devereux New York education programs. This policy is consistent with Section 19.5 of the Rules of the Board of Regents and Sections 100.2, 200.1, 200.7, 200.15 and 200.22 of the regulations of the Commissioner of Education. II. The use of corporal punishment, aversive intervention, prone restraint and seclusion are prohibited in all Devereux New York programs. III. Positive, proactive, evidence-based and research-based strategies are used in Devereux New York through multi-tiered systems of support in order to reduce the occurrence of challenging behaviors, eliminate the need for physical restraints or time outs, and improve school climate. Physical intervention, defined as a personal restriction that immobilizes or reduces the ability of a student to move their arms, legs, body or head freely, is implemented only when the student or others are at imminent risk of harm or injury Time out is defined as monitored separation of a student in a non-locked setting for the purpose of de-escalating, regaining control and preparing the student to meet expectations. Physical restraints and time outs are only to be used when there is imminent risk of harm to a person, and less restrictive or intrusive methods have been unsuccessful in maintaining the physical safety of individuals; there is no known medical contraindication to its use on a student; and school staff using such interventions have been trained in its safe and appropriate application. Physical restraints and time outs are never used for discipline, punishment, retaliation or as a substitution for positive proactive strategies that are designed to change, replace, modify or eliminate a targeted behavior. IV. All staff are trained annually in the use of a crisis intervention curriculum that emphasizes prevention and positive interactions, and are trained in Positive Behavioral Interventions and Supports systems. New York education staff will review the policy on the use of physical restraints/time outs at the beginning of each school year. V. Devereux New York will ensure that parents/guardians receive notification of the use of any physical interventions or time outs implemented in the school setting. Parents/guardians will receive same day notification of the use of one of these interventions. Parents/guardians will receive the incident report associated witM/h the use of one of these interventions within three school days.