NY State Senate Bill 2011-S6086

Archive: Last Bill Status - In Senate Committee Children And Families Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to children and families

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2011-S6086 (ACTIVE) - Details

See Assembly Version of this Bill:: A8905
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L; amd §1392, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:: S1346

2011-S6086 (ACTIVE) - Summary

Relates to mandatory reporting of suspected child abuse or maltreatment at summer day camps; includes college coaches, athletic directors, professors, graduate assistants and college presidents among those required to report such suspected abuse or maltreatment.

2011-S6086 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6086

TITLE OF BILL:
An act
to amend the social services law and the public health law, in relation
to mandatory reporting of suspected child abuse or maltreatment at
summer day camps

PURPOSE:
Increases the number of professionals and individuals who are
considered by the state to be mandatory reporters of child abuse or
maltreatment.

SUMMARY OF PROVISIONS:
Section 1: Amends section 413 of social service law to include college
coaches, athletic directors, professors, graduate assistants, college
administrators and college presidents and paid staff members of
children's camps, summer day camps and travel camps to the list of
mandatory reporters of child abuse and maltreatment.

Section 2: amends section 1392 of the public health law to include any
indoor or outdoor activities involving one or more non-passive
recreational activities or educational programs or activities.

JUSTIFICATION:
The reports of alleged child abuse by Penn State's assistant football

coach and seeming indifference and inaction from the school's
administration are horrifying. Given that many colleges and
universities offer athletic and academic programs to children, we
need to make sure that a situation like what occurred at Penn State
does not happen in New York. The message of this bill is clear: if
you're a college coach or college professional and you see or receive
a report of child abuse, it is your responsibility and obligation to
report it to law enforcement immediately. Children and parents need
to know that they will be protected and reports of abuse will be
investigated and not brushed aside.

While it is unimaginable that this legislation is necessary, the
alleged actions of a deviant sexual predator and those who did little
to stop him opens our eyes to how necessary mandatory reporting of
child abuse is, especially in immensely powerful organizations.
Similar to the actions of the Penn State officials, if you witness
child abuse and do not feel compelled to alert authorities you might
fail a moral test, but as the law is currently written in New York
State you may not be held accountable legally. There is no doubt that
we must expand the child abuse reporting requirement as soon as
possible.

Current law does not specify that faculty of colleges and universities
are mandated reporters. This bill would establish that those involved
in higher education and the possibility of coming in contact with

children, should be considered mandatory reporters and adhere to the
responsibilities of mandatory reporters as it is stated in law.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
On the 120th day after becoming law, with provisions.

2011-S6086 (ACTIVE) - Bill Text download pdf

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

                                  6086

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced by Sens. MAZIARZ, FARLEY, ALESI, FUSCHILLO, GRISANTI, LIBOUS,
  McDONALD,  RANZENHOFER,  RITCHIE,  SEWARD,  VALESKY  -- 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 and the public health law, in
  relation to mandatory reporting of suspected child abuse or  maltreat-
  ment at summer day camps

  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 amended by chapter 91 of the laws of 2011,  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 COLLEGE COACH, ATHLETIC DIRECTOR,
PROFESSOR, GRADUATE ASSISTANT, COLLEGE ADMINISTRATOR, COLLEGE PRESIDENT,
school teacher, school guidance counselor, school  psychologist,  school
social  worker,  school  nurse,  school  administrator  or  other school

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13688-03-2

S. 6086                             2

personnel required to hold  a  teaching  or  administrative  license  or
certificate;  social  services worker; director OR ANY PAID STAFF MEMBER
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, SUCH PAID STAFF MEMBERS SHALL INCLUDE, BUT NOT
BE LIMITED TO ANY  INDIVIDUALS WHO MAY INTERACT  WITH  CHILDREN  THROUGH
EMPLOYMENT  AT SUCH CAMPS OR EMPLOYMENT AT PREMISES WHERE SUCH CAMPS ARE
LOCATED; day care center worker; school-age child care worker;  provider
of  family or group family day care; employee or volunteer in a residen-
tial 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 counselor; alcoholism  coun-
selor;  all  persons  credentialed  by  the  office  of  alcoholism  and
substance abuse services; peace officer; police officer; district attor-
ney or assistant district attorney; investigator employed in the  office
of a district attorney; or other law enforcement official.
  S  2.  Subdivision  2  of  section  1392  of the public health law, as
amended by chapter 439 of the laws  of  2009,  is  amended  to  read  as
follows:
  2.  "Summer  day  camp" shall mean a property consisting of a tract of
land and any tents, vehicles, buildings or other structures that may  be
pertinent  to  its use, any part of which may be occupied on a scheduled
basis at any time between June first and September fifteenth in any year
by children under sixteen years of age under  general  supervision,  for
the purpose of ANY indoor or outdoor organized group activities, involv-
ing ONE OR MORE: (I) nonpassive recreational activities with significant
risk  of  injury,  as  such  activities are defined by the department in
rules and regulations, OR (II) EDUCATIONAL PROGRAMS OR ACTIVITIES, for a
period of less than twenty-four hours on any  day  the  property  is  so
occupied, and on which no provisions are made for overnight occupancy by
such  children.  The commissioner shall have the power to except by rule
from this article and the sanitary code a place,  facility  or  activity
that  is  not  within  the  intent  of this definition, PROVIDED THAT NO
EXCEPTION MAY BE GRANTED TO A SUMMER DAY CAMP WHICH IS  DEDICATED  TO  A
SINGLE  ACTIVITY  IF  THAT  ACTIVITY  MEETS THE CRITERIA OF A NONPASSIVE
RECREATIONAL ACTIVITY WITH SIGNIFICANT RISK OF INJURY OR  IS  AN  EDUCA-
TIONAL PROGRAM OR ACTIVITY.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on  or
before such date.

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Senate Bill S6086

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

2011-S6086 (ACTIVE) - Details

2011-S6086 (ACTIVE) - Summary

2011-S6086 (ACTIVE) - Sponsor Memo

2011-S6086 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6086

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Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

2011-S6086 (ACTIVE) - Details

2011-S6086 (ACTIVE) - Summary

2011-S6086 (ACTIVE) - Sponsor Memo

2011-S6086 (ACTIVE) - Bill Text download pdf

Comments