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

                                  1346

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. MAZIARZ, DeFRANCISCO, FUSCHILLO, GRISANTI, LIBOUS,
  SEWARD -- 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 by certain persons

  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,

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

                                                           LBD02252-02-3

S. 1346                             2

school teacher, school guidance counselor, school  psychologist,  school
social  worker,  school  nurse,  school  administrator  or  other school
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.