NY State Assembly Bill 2015-A5253A

Assembly Bill A5253A

2015-2016 Legislative Session

Relates to expanding the persons responsible for reporting cases of suspected child abuse

download bill text pdf

Archive: Last Bill Status - In Assembly 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2016	reported referred to codes
May 27, 2016	print number 5253a
May 27, 2016	amend (t) and recommit to children and families
Jan 06, 2016	referred to children and families
Feb 13, 2015	referred to children and families

Bill Amendments

Original

A (Active)

2015-A5253 - Details

Current Committee:: Assembly Codes
Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A6230
2019-2020: A6285
2021-2022: A4355
2023-2024: A314

2015-A5253 - 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.

2015-A5253 - Bill Text download pdf

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

                                  5253

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced by M. of A. WALKER -- read once and referred to the Committee
  on Children and Families

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07006-01-5

A. 5253                             2

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
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

A. 5253                             3

official;  OR  EMPLOYEES,  VOLUNTEERS, OR AGENTS OF ANY CORPORATE ENTITY
HAVING AN AGREEMENT WITH A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER.
  S    3.  Subdivision 5-a of section 488 of the social services law, as
amended by chapter 8 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; 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:

A. 5253                             4

  5. ANY PERSON, INSTITUTION OR CORPORATE AGENT HAVING AN AGREEMENT WITH
A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER WHICH EMPLOYS PERSONS  WHO
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.

2015-A5253A (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A6230
2019-2020: A6285
2021-2022: A4355
2023-2024: A314

2015-A5253A (ACTIVE) - Summary

2015-A5253A (ACTIVE) - Bill Text download pdf

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

                                 5253--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced by M. of A. WALKER -- read once and referred to the Committee
  on  Children  and Families -- recommitted to the Committee on Children
  and Families in accordance with Assembly Rule 3, sec. 2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 tier II facility  or  any
  other  shelter providing temporary housing to persons under the age of
  18

  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 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07006-02-6

A. 5253--A                          2

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 ANY EMPLOYEE OF A TIER II FACILITY  OR  ANY  OTHER  SHELTER
PROVIDING TEMPORARY HOUSING TO PERSONS UNDER THE AGE OF EIGHTEEN.
  S 2. This act shall take effect immediately.

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