NY State Senate Bill 2011-S3777

Senate Bill S3777

Signed By Governor

2011-2012 Legislative Session

Requires directors of children's overnight, summer day and traveling summer day camps to report suspected cases of child abuse or maltreatment

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 22, 2011	signed chap.91
Jun 10, 2011	delivered to governor
Jun 01, 2011	returned to senate passed assembly ordered to third reading cal.463 substituted for a5519
Apr 11, 2011	referred to children and families delivered to assembly passed senate
Apr 06, 2011	advanced to third reading
Apr 05, 2011	2nd report cal.
Apr 04, 2011	1st report cal.299
Mar 11, 2011	print number 3777a
Mar 11, 2011	amend (t) and recommit to children and families
Mar 03, 2011	referred to children and families

Votes

- Apr 11, 2011 - Floor Vote
  S3777
  
  57
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 11, 2011
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (5)
      
      Diaz
      
      Gallivan
      
      Oppenheimer
      
      Smith
      
      Squadron
  Apr 4, 2011 - Children And Families Committee Vote
  S3777
  
  5
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Apr 4, 2011
      
      aye (5)
      
      Johnson
      
      Montgomery
      
      Saland
      
      Savino
      
      Young
      
      absent (1)
      
      Duane

Bill Amendments

Original

A (Active)

2011-S3777 - Details

Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L

2011-S3777 - Summary

Requires directors of children's overnight, summer day camps and traveling summer day camps to report suspected child abuse or maltreatment.

2011-S3777 - Sponsor Memo

                                BILL NUMBER:S3777

TITLE OF BILL:
An act
to amend the social services law, in relation to persons and officials
required to report cases of suspected child abuse or maltreatment

PURPOSE OR GENERAL IDEA OF BILL:
To classify camp directors as
mandated reporters, thereby requiring them to report child abuse or
maltreatment.

SUMMARY OF SPECIFIC PROVISIONS:
The section lists specific persons and
officials who are mandated reporters of child abuse or maltreatment.
When there is reasonable cause to suspect child abuse or
maltreatment, the individual must immediately notify the State
central Register of Child Abuse and Maltreatment and the local
department of social services.

EXISTING LAW:
Current law does not recognize camp directors as
mandated reporters of suspected or known child abuse or maltreatment.

However, the Department of Health requires camp operators, including
camp directors, to report allegations of child abuse. Under Title

7-2.5(n) (4) of the DOH Sanitary Code, the camp operator is required
to develop a camp safety plan submitted for the review and approval
of the permit-issuing official.
The plan must include procedures for responding to allegations of
child abuse, and for reporting allegations of camper abuse to the
permit official within 24 hours.

JUSTIFICATION:
As youth development professionals, camp directors work
with hundreds of children each year. Their first interest is in the
safety and well-being of their campers and if they suspect child ~use
or maltreatment, they will report their suspicions.

However, camp directors are only required to report abuse or
maltreatment to the Department of Health when the abuse or
maltreatment occurs at the camp.
The camp director is not obligated to report abuse or maltreatment
that occurs outside the camp, but should they choose to contact the
proper authorities on behalf of the child, the camp director could be
subject to civil liability actions such as slander and defamation.

Section 419 of the Social Services Law provides immunity for mandated
reporters from criminal and civil liability that might result from a
good faith reporting of suspected child abuse or maltreatment. To
classify camp directors as mandated reporters will safeguard children

and the camp directors who report suspected abuse. These
professionals should be afforded
the protections to guarantee they will not hesitate when the need
arises to protect their campers.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2011-S3777 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3777

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law,  in  relation  to  persons  and
  officials  required  to  report  cases  of  suspected  child  abuse or
  maltreatment

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of section 413 of the social
services  law, as separately amended by chapters 323 and 366 of the laws
of 2008, is amended to read as follows:
  (a) The following persons and officials  are  required  to  report  or
cause  a  report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming  before  them  in  their
professional  or  official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused  or
maltreated  child  where the parent, guardian, custodian or other person
legally responsible for such child comes before them  in  their  profes-
sional  or  official  capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician  assist-
ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian;  licensed  creative  arts  therapist; licensed marriage and family
therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
hospital personnel engaged in the admission, examination, care or treat-
ment  of  persons;  a  Christian  Science practitioner; school official,
which includes but is not limited to  school  teacher,  school  guidance
counselor,  school  psychologist,  school  social  worker, school nurse,
school administrator or other school personnel required to hold a teach-
ing or administrative license or certificate;  social  services  worker;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09819-01-1

S. 3777                             2

DIRECTOR  OF  A CHILDREN'S OVERNIGHT CAMP, SUMMER DAY CAMP, OR TRAVELING
SUMMER DAY CAMP, AS EACH TERM IS DEFINED  IN  SECTION  THIRTEEN  HUNDRED
NINETY-TWO  OF THE PUBLIC HEALTH LAW; day care center worker; school-age
child care worker; provider of family or group family day care; employee
or  volunteer in a residential care facility defined in subdivision four
of section four hundred twelve-a of this title or any other  child  care
or foster care worker; mental health professional; substance abuse coun-
selor;  alcoholism  counselor; all persons credentialed by the office of
alcoholism and substance abuse services; peace officer; police  officer;
district  attorney or assistant district attorney; investigator employed
in the office of a district attorney; or other law enforcement official.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

co-Sponsors

2011-S3777A (ACTIVE) - Details

Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L

2011-S3777A (ACTIVE) - Summary

Requires directors of children's overnight, summer day camps and traveling summer day camps to report suspected child abuse or maltreatment.

2011-S3777A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3777A

TITLE OF BILL:
An act
to amend the social services law, in relation to requiring directors of
children's overnight, summer day and traveling summer day camps to
report suspected child abuse and maltreatment

PURPOSE OR GENERAL IDEA OF BILL:
To classify camp directors as
mandated reporters, thereby requiring them to report child abuse or
maltreatment.

SUMMARY OF SPECIFIC PROVISIONS:
The section lists specific persons and
officials who are mandated reporters of child abuse or maltreatment.
When there is reasonable cause to suspect child abuse or
maltreatment, the individual must immediately notify the State
Central Register of Child Abuse and Maltreatment and the local
department of social services.

EXISTING LAW:
Current law does not recognize camp directors as
mandated reporters of suspected or known child abuse or maltreatment.

However, the Department of Health requires camp operators, including

camp directors, to report allegations of child abuse. Under Title
7-2.5(n) (4) of the DOH Sanitary Code, the camp operator is required
to develop a camp safety plan submitted for the review and approval
of the permit-issuing official.
The plan must include procedures for responding to allegations of
child abuse, and for reporting allegations of camper abuse to the
permit official within 24 hours.

JUSTIFICATION:
As youth development professionals, camp directors work
with hundreds of children each year. Their first interest is in the
safety and well-being of their campers and if they suspect child
abuse or maltreatment, they will report their suspicions.

However, camp directors are only required to report abuse or
maltreatment to the Department of Health when the abuse or
maltreatment occurs at the camp.
The camp director is not obligated to report abuse or maltreatment
that occurs outside the camp, but should they choose to contact the
proper authorities on behalf of the child, the camp director could be
subject to civil liability actions such as slander and defamation.

Section 419 of the Social Services Law provides immunity for mandated
reporters from criminal and civil liability that might result from a
good faith reporting of suspected child abuse or maltreatment. To
classify camp directors as mandated reporters will safeguard children
and the camp directors who report suspected abuse. These
professionals should be afforded
the protections to guarantee they will not hesitate when the need
arises to protect their campers.


PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S3777A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3777--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the social services law, in relation to requiring direc-
  tors of children's overnight, summer  day  and  traveling  summer  day
  camps to report suspected child abuse and maltreatment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as separately amended by chapters 323 and 366 of the  laws
of 2008, is amended to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian; licensed creative arts therapist;  licensed  marriage  and  family
therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
hospital personnel engaged in the admission, examination, care or treat-
ment of persons; a  Christian  Science  practitioner;  school  official,
which  includes  but  is  not limited to school teacher, school guidance
counselor, school psychologist,  school  social  worker,  school  nurse,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09819-02-1

S. 3777--A                          2

school administrator or other school personnel required to hold a teach-
ing  or  administrative  license or certificate; social services worker;
DIRECTOR OF A CHILDREN'S OVERNIGHT CAMP, SUMMER DAY  CAMP  OR  TRAVELING
SUMMER  DAY  CAMP, AS SUCH CAMPS ARE DEFINED IN SECTION THIRTEEN HUNDRED
NINETY-TWO OF THE PUBLIC HEALTH LAW; day care center worker;  school-age
child care worker; provider of family or group family day care; employee
or  volunteer in a residential care facility defined in subdivision four
of section four hundred twelve-a of this title or any other  child  care
or foster care worker; mental health professional; substance abuse coun-
selor;  alcoholism  counselor; all persons credentialed by the office of
alcoholism and substance abuse services; peace officer; police  officer;
district  attorney or assistant district attorney; investigator employed
in the office of a district attorney; or other law enforcement official.
  S 2. This act shall take effect immediately.

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