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Bill

S 103

Enacts the "New York religious freedom act"

2025 Regular Session Introduced by Jamaal Bailey and 7 co-sponsors

Requires surveillance cameras in public areas of out-of-home care and body-worn cams for DCF staff, plus medical alert devices and phones for youths in custody.

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Bill Summary · S 103

Summary — S 103: "Leslie law" (surveillance, body‑worn cameras, and medical alerts in out‑of‑home care)

Note on discrepancies: The bill text provided is a Massachusetts‑style enactment titled the “Leslie law” addressing the Department of Children and Families (DCF). Initial metadata (title “New York religious freedom act”) and sponsor lists (U.S. Senators) conflict with the text. This summary focuses on the substantive provisions contained in the bill text.

Purpose

To increase monitoring, documentation, and medical safety in out‑of‑home care settings (foster homes, group residential care, child care programs licensed under Chapter 15D, and unlicensed family foster homes) following allegations of abuse, and to provide foster children with communication and medical alert devices. The bill aims to improve oversight of DCF investigations and emergency removals and to create records usable for accountability and reporting.

Key provisions

  • Definitions: establishes terms (out‑of‑home care, DCF, surveillance camera, public spaces, body‑worn camera, social worker, medical alert device).
  • Surveillance in out‑of‑home care:
    • When an allegation under Section 51A is escalated under Section 51B, the facility must be equipped with surveillance cameras in all public spaces (e.g., kitchens, living rooms, yards), regardless of investigation outcome.
    • Cameras must be installed within two business days of initiation of the Section 51B investigation and positioned to view the entire space where installed.
    • Cameras are prohibited in bedrooms and bathrooms used by children older than four.
    • Cameras remain while the facility is licensed and houses foster children; DCF provides and pays for equipment and maintains recordings.
  • Body‑worn cameras for social workers:
    • DCF social workers must wear body‑worn cameras when entering out‑of‑home facilities during Section 51A proceedings and during emergency removals.
    • When entering a private home to investigate, the social worker must obtain and follow the consent decision of the biological parent/legal guardian regarding recording.
    • DCF must maintain recordings and include relevant footage outcomes in its annual report (e.g., uses during physical altercations, escalations, law enforcement involvement).
  • Medical alert devices and communications:
    • DCF must provide every child age 10+ in its custody with a cell phone; DCF covers devices, service, and maintenance.
    • Foster children must receive medical alert devices plus mandatory training; devices include essential health information.
    • Annual comprehensive medical evaluations required; DCF must report device usage rates and outcomes annually.
  • Waiver of immunity: failure to comply may result in waiver of immunity (i.e., potential legal exposure).
  • Effective date: the act “shall take effect in 2024,” and required policies must be promulgated by that effective date (note: introduced Jan 2025).

Who is affected

  • Foster children and youth in DCF custody.
  • State‑licensed and unlicensed foster homes and out‑of‑home care facilities.
  • DCF social workers and investigators.
  • Foster parents, biological parents, and guardians.
  • EEC (licensing oversight) and potentially law enforcement and healthcare providers involved in emergency response.

Procedural/timeline elements

  • Cameras: installation within two business days of a Section 51B investigation start; remain for duration of licensing/housing.
  • Reporting: DCF must include camera/bodycam and medical device outcome data in its yearly report.
  • Implementation: policies must be promulgated by the stated effective date.

Potential impacts and considerations

  • Increased documentation and oversight of foster care interactions and investigations.
  • Privacy, data‑security, and civil‑liberty implications (placement limits, consent in private homes, long‑term storage and access of recordings).
  • Fiscal impact: DCF is assigned procurement and ongoing costs for equipment, service, and record maintenance.
  • Liability exposure: waiver of immunity for noncompliance may increase legal risk for the state or providers.

For clarity on jurisdiction, sponsors, and effective dates, reconcile the conflicting metadata with the official legislative record before use.

Compiled from official sources — confirm details with the bill’s official record.

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