NY State Senate Bill 2013-S7951

Archive: Last Bill Status - In Senate Committee Rules Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 22, 2014	referred to rules

co-Sponsors

2013-S7951 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Amd §§413 & 488, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3977
2017-2018: S2427, S8678
2019-2020: S1488, S4154
2021-2022: S1486, S4678
2023-2024: S240, S5699

2013-S7951 (ACTIVE) - Summary

Relates to expanding the persons responsible for reporting cases of suspected child abuse to include employees, volunteers, or agents of any corporate entity having an agreement with a municipality as a homeless shelter provider and the development of procedures related thereto.

2013-S7951 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7951

TITLE OF BILL:  An act to amend the social services law, in relation
to expanding the persons responsible for reporting cases of suspected
child abuse to include employees, volunteers, or agents of any
corporate entity having an agreement with a municipality as a homeless
shelter provider and the development of procedures related thereto

PURPOSE:  To include among persons and officials required to report or
cause to be reported, employees, volunteers, and agents of any
corporate entity having a contractual agreement with a municipality as
a homeless shelter provider to be deemed a trained mandatory reporter.

SUMMARY OF PROVISIONS:

Section one of the bill expands the listing of persons and officials
required to report or cause to be reported reasonable suspicion that
any child within their purview is being abused or maltreated.

Section two requires that the individuals delineated in Section one be
required to report or cause to be reported when there is reasonable
suspicion that a child under their purview in a professional or
official capacity is being subjected to abuse or maltreatment.

Section three amends subdivision 5-a of section 488 of the social
services law, as added by section 1 part B of chapter 501 of the laws

of 2012 to include employees, volunteers, and agents of any corporate
entity having an contractual agreement with a municipality as a
homeless shelter provider to be deemed a "human services
professional."

Section four amends subdivision 5-a of section 488 of the social
services law, as amended by chapter 205 of the laws of 2014 to include
employees, volunteers, and agents of any corporate entity having an
contractual agreement with a municipality as a homeless shelter
providers to be deemed a trained mandatory reporter.

Section five amends section 413 of the social services law that any
institution having an agreement with a municipality as a homeless
shelter provider will be required develop and maintain policies and
procedures regarding mandatory reporting of child abuse or neglect or
death; establish penalties for failure to report; assume
responsibility for the provision of services and procedures to
safeguard the life of a child; and establish a training program for
current and new employees with regard to these policies and
procedures.

JUSTIFICATION:  Recently the incidents of abuse and/or maltreatment of
children appear to have increased dramatically and are ancillary to
incidents of domestic violence. One in every four women will
experience domestic violence in her lifetime and the children who
witness these events will attempt to intervene and eventually become
the victims of child abuse or detrimental neglect at a rate of 30%-
60%.

It is estimated that the majority of these incidents take place in the
privacy of a family's home, but when these incidents take place under


the aegis of municipal public programs, it is the responsibility of
the municipality to require efficient and caring oversight, and
trained providers to ensure a safe haven for defenseless children.

LEGISLATIVE HISTORY:  None

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately, on the same
date and in the same manner as section 2 of chapter 205 of the laws of
2014.

2013-S7951 (ACTIVE) - Bill Text download pdf

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

                                  7951

                            I N  S E N A T E

                            October 22, 2014
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the social services law, in relation  to  expanding  the
  persons  responsible  for  reporting cases of suspected child abuse to
  include employees, volunteers,  or  agents  of  any  corporate  entity
  having an agreement with a municipality as a homeless shelter provider
  and the development of procedures related thereto

  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 126 of the laws of 2014, 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;
licensed behavior analyst; certified behavior analyst assistant;  hospi-
tal  personnel  engaged in the admission, examination, care or treatment
of persons; a Christian Science  practitioner;  school  official,  which
includes  but  is not limited to school teacher, school guidance counse-
lor, 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

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

                                                           LBD15868-01-4

S. 7951                             2

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 volun-
teer in a residential care  facility  for  children  that  is  licensed,
certified  or operated by the office of children and family services; or
any other child care or foster care worker; mental health  professional;
substance  abuse  counselor;  alcoholism  counselor; all persons creden-
tialed by the office of alcoholism and substance abuse  services;  peace
officer;  police officer; district attorney or assistant district attor-
ney; investigator employed in the office  of  a  district  attorney;  or
other  law  enforcement official; OR EMPLOYEES, VOLUNTEERS, OR AGENTS OF
ANY CORPORATE ENTITY HAVING AN AGREEMENT WITH A MUNICIPALITY AS A  HOME-
LESS SHELTER PROVIDER.
  S  2.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as separately amended by chapters 126 and 205 of the  laws
of 2014, 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;
licensed behavior analyst; certified behavior analyst assistant;  hospi-
tal  personnel  engaged in the admission, examination, care or treatment
of persons; a Christian Science  practitioner;  school  official,  which
includes  but  is not limited to school teacher, school guidance counse-
lor, school psychologist, school social  worker,  school  nurse,  school
administrator  or  other school personnel required to hold a teaching or
administrative license or certificate;  full  or  part-time  compensated
school employee required to hold a temporary coaching license or profes-
sional coaching certificate; social services worker; director of a chil-
dren'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 for children that is  licensed,  certified  or
operated  by  the  office  of children and family services; or any other
child care or foster care worker; mental health professional;  substance
abuse  counselor;  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; OR EMPLOYEES, VOLUNTEERS, OR AGENTS OF  ANY  CORPORATE  ENTITY
HAVING AN AGREEMENT WITH A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER.

S. 7951                             3

  S    3.  Subdivision 5-a of section 488 of the social services law, as
added by section 1 of part B of chapter 501 of  the  laws  of  2012,  is
amended to read as follows:
  5-a.  "Human  services professional" shall mean any: physician; regis-
tered physician assistant; surgeon; medical examiner; coroner;  dentist;
dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
resident; intern; psychologist;  registered  nurse;  licensed  practical
nurse;  nurse practitioner; social worker; emergency medical technician;
licensed creative arts therapist; licensed marriage  and  family  thera-
pist; licensed mental health counselor; licensed psychoanalyst; licensed
behavior   analyst;   certified  behavior  analyst  assistant;  licensed
speech/language pathologist or audiologist; licensed physical therapist;
licensed occupational  therapist;  hospital  personnel  engaged  in  the
admission,  examination, care or treatment of persons; 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  teaching  or administrative license or
certificate; social services worker; any other child care or foster care
worker; mental health professional; person 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;
EMPLOYEES, VOLUNTEERS AND AGENTS OF ANY CORPORATE AGENT HAVING AN AGREE-
MENT WITH A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER.
  S 4. Subdivision 5-a of section 488 of the  social  services  law,  as
amended  by  chapter  205  of  the  laws  of 2014, is amended to read as
follows:
  5-a. "Human services professional" shall mean any:  physician;  regis-
tered  physician assistant; surgeon; medical examiner; coroner; dentist;
dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
resident;  intern;  psychologist;  registered  nurse; licensed practical
nurse; nurse practitioner; social worker; emergency medical  technician;
licensed  creative  arts  therapist; licensed marriage and family thera-
pist; licensed mental health counselor; licensed psychoanalyst; licensed
behavior  analyst;  certified  behavior  analyst   assistant;   licensed
speech/language pathologist or audiologist; licensed physical therapist;
licensed  occupational  therapist;  hospital  personnel  engaged  in the
admission, examination, care or treatment of persons; 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  teaching  or  administrative  license  or
certificate;  full  or part-time compensated school employee required to
hold a temporary coaching license or professional coaching  certificate;
social  services  worker;  any  other  child care or foster care worker;
mental health professional; person credentialed by the office  of  alco-
holism  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;
EMPLOYEES, VOLUNTEERS AND AGENTS OF ANY CORPORATE AGENT HAVING AN AGREE-
MENT WITH A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER.
  S 5. Section 413 of the social services law is amended by adding a new
subdivision 5 to read as follows:
  5. ANY PERSON, INSTITUTION OR CORPORATE AGENT HAVING AN AGREEMENT WITH
A  MUNICIPALITY AS A HOMELESS SHELTER PROVIDER WHICH EMPLOYS PERSONS WHO

S. 7951                             4

ARE MANDATED TO REPORT SUSPECTED INCIDENTS OF CHILD ABUSE  OR  MALTREAT-
MENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL DEVELOP, MAINTAIN
AND DISSEMINATE WRITTEN POLICIES AND PROCEDURES PURSUANT TO TITLE SIX OF
ARTICLE  SIX  OF  THE  SOCIAL  SERVICES LAW AND APPLICABLE PROVISIONS OF
ARTICLE TEN OF THE FAMILY COURT ACT, REGARDING THE  MANDATORY  REPORTING
OF  CHILD  ABUSE  OR  NEGLECT,  REPORTING  PROCEDURES AND OBLIGATIONS OF
PERSONS REQUIRED TO REPORT, PROVISIONS FOR TAKING A CHILD  INTO  PROTEC-
TIVE  CUSTODY,  MANDATORY  REPORTING OF DEATHS, IMMUNITY FROM LIABILITY,
PENALTIES FOR FAILURE TO REPORT, AND OBLIGATIONS FOR  THE  PROVISION  OF
SERVICES AND PROCEDURES NECESSARY TO SAFEGUARD THE LIFE OR HEALTH OF THE
CHILD;  AND  ESTABLISH,  AND  IMPLEMENT  ON AN ONGOING BASIS, A TRAINING
PROGRAM FOR ALL CURRENT AND NEW EMPLOYEES  REGARDING  THE  POLICIES  AND
PROCEDURES ESTABLISHED PURSUANT TO THIS SUBDIVISION.
  S  6. This act shall take effect immediately; provided that the amend-
ments to paragraph (a) of subdivision 1 of section  413  of  the  social
services  law  made  by section two of this act shall take effect on the
same date and in the same manner as section 1 of chapter 205 of the laws
of 2014 takes effect; further provided, that the amendments to  subdivi-
sion  5-a of section 488 of the social services law made by section four
of this act shall take effect on the same date and in the same manner as
section 2 of chapter 205 of the laws of 2014 takes effect.

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Senate Bill S7951

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2013-S7951 (ACTIVE) - Details

2013-S7951 (ACTIVE) - Summary

2013-S7951 (ACTIVE) - Sponsor Memo

2013-S7951 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7951

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Tony Avella

Martin Malavé Dilan

Bill Perkins

2013-S7951 (ACTIVE) - Details

2013-S7951 (ACTIVE) - Summary

2013-S7951 (ACTIVE) - Sponsor Memo

2013-S7951 (ACTIVE) - Bill Text download pdf

Comments