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

                                  7540

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 18, 2015
                               ___________

Introduced by M. of A. TEDISCO, BROOK-KRASNY, JOHNS, PALMESANO, CERETTO,
  DUPREY,  TENNEY,  HAWLEY  --  Multi-Sponsored  by  -- M. of A. CROUCH,
  FINCH, KATZ, MAGEE, TITONE -- read once and referred 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 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 COLLEGE COACH, ATHLETIC DIRECTOR, PROFES-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02659-01-5
              

A. 7540                             2

SOR,  GRADUATE  ASSISTANT,  COLLEGE  ADMINISTRATOR,  COLLEGE  PRESIDENT,
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; director OR ANY PAID STAFF  MEMBER  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,  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 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 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.  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 provided, however, that if chapter 205 of the
laws  of  2014  shall  not have taken effect on or before such date then
section one of this act shall take effect on the same date  and  in  the
same manner as such chapter of the laws of 2014 takes effect.  Effective
immediately,  the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this  act  on  its  effective
date is authorized to be made on or before such date.