S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8825
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 22, 2017
                                ___________
 
 Introduced  by  M.  of  A. GIGLIO, GRAF -- read once and referred to the
   Committee on Children and Families
 
 AN ACT to amend the social services law, in relation  to  the  mandatory
   reporting of incidents of domestic violence
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The social services law is amended by adding a new  section
 459-i to read as follows:
   § 459-I. DUTY TO REPORT INCIDENTS OF DOMESTIC VIOLENCE. 1. IN ADDITION
 TO  ANY  PERSON  REQUIRED TO REPORT CERTAIN WOUNDS AND BURN INJURIES AND
 WOUNDS IN ACCORDANCE WITH SECTIONS 265.25 AND 265.26 OF THE  PENAL  LAW,
 ANY PERSON OR OFFICIAL REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE
 OR  MALTREATMENT IN ACCORDANCE WITH SECTION FOUR HUNDRED THIRTEEN OF THE
 SOCIAL SERVICES LAW SHALL ALSO BE REQUIRED TO REPORT OR CAUSE  A  REPORT
 TO  BE MADE WHEN HE OR SHE HAS REASONABLE CAUSE TO SUSPECT THAT AN INDI-
 VIDUAL COMING BEFORE HIM OR HER IN HIS OR HER PROFESSIONAL  OR  OFFICIAL
 CAPACITY  IS  A  VICTIM OF DOMESTIC VIOLENCE, AS DEFINED IN SECTION FOUR
 HUNDRED FIFTY-NINE-A OF THIS ARTICLE.
   2. SUCH REPORT REQUIRED BY SUBDIVISION ONE OF THIS  SECTION  SHALL  BE
 MADE WITHIN 48 HOURS OF DISCOVERY TO THE POLICE AUTHORITIES OF THE CITY,
 TOWN OR VILLAGE WHERE THE PERSON REPORTING IS LOCATED.
   3.  WHENEVER  SUCH  PERSON IS REQUIRED TO REPORT UNDER THIS SECTION IN
 HIS OR HER CAPACITY AS A MEMBER OF THE  STAFF  OF  A  MEDICAL  OR  OTHER
 PUBLIC  OR  PRIVATE  INSTITUTION,  SCHOOL, FACILITY OR AGENCY, HE OR SHE
 SHALL MAKE THE REPORT AS REQUIRED BY THIS SECTION AND IMMEDIATELY NOTIFY
 THE PERSON IN CHARGE OF SUCH INSTITUTION, SCHOOL, FACILITY OR AGENCY, OR
 HIS OR HER DESIGNATED AGENT. SUCH PERSON IN CHARGE,  OR  THE  DESIGNATED
 AGENT  OF  SUCH PERSON, SHALL BE RESPONSIBLE FOR ALL SUBSEQUENT ADMINIS-
 TRATION NECESSITATED BY THE REPORT. ANY REPORT SHALL INCLUDE  THE  NAME,
 TITLE  AND CONTACT INFORMATION FOR EVERY STAFF PERSON OF THE INSTITUTION
 WHO IS BELIEVED TO HAVE DIRECT  KNOWLEDGE  OF  THE  ALLEGATIONS  IN  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13598-01-7

 A. 8825                             2
 
 REPORT.    NOTHING  IN THIS SECTION IS INTENDED TO REQUIRE MORE THAN ONE
 REPORT FROM ANY SUCH INSTITUTION, SCHOOL OR AGENCY.
   4.  A MEDICAL OR OTHER PUBLIC OR PRIVATE INSTITUTION, SCHOOL, FACILITY
 OR AGENCY SHALL NOT TAKE ANY RETALIATORY PERSONNEL ACTION, AS SUCH  TERM
 IS  DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED
 FORTY OF THE LABOR  LAW,  AGAINST  AN  EMPLOYEE  BECAUSE  SUCH  EMPLOYEE
 BELIEVES THAT HE OR SHE HAS REASONABLE CAUSE TO SUSPECT THAT AN INDIVID-
 UAL  COMING  BEFORE HIM OR HER IS A VICTIM OF DOMESTIC VIOLENCE AND THAT
 EMPLOYEE THEREFORE MAKES A REPORT IN ACCORDANCE WITH THIS SECTION.    NO
 SCHOOL,  SCHOOL  OFFICIAL,  CHILD  CARE  PROVIDER, FOSTER CARE PROVIDER,
 RESIDENTIAL  CARE  FACILITY  PROVIDER,  HOSPITAL,  MEDICAL   INSTITUTION
 PROVIDER OR MENTAL HEALTH FACILITY PROVIDER SHALL IMPOSE ANY CONDITIONS,
 INCLUDING  PRIOR  APPROVAL OR PRIOR NOTIFICATION, UPON A MEMBER OF THEIR
 STAFF SPECIFICALLY REQUIRED TO REPORT UNDER THIS SECTION. AT THE TIME OF
 THE MAKING OF A REPORT, OR AT ANY TIME THEREAFTER, SUCH PERSON OR  OFFI-
 CIAL  MAY EXERCISE THE RIGHT TO REQUEST THE FINDINGS OF AN INVESTIGATION
 MADE PURSUANT TO THIS SECTION.
   5. ANY PERSON, INSTITUTION, SCHOOL,  FACILITY,  AGENCY,  ORGANIZATION,
 PARTNERSHIP  OR  CORPORATION  WHICH  EMPLOYS  PERSONS MANDATED TO REPORT
 SUSPECTED INCIDENTS OF DOMESTIC VIOLENCE PURSUANT TO SUBDIVISION ONE  OF
 THIS SECTION SHALL PROVIDE ALL SUCH CURRENT AND NEW EMPLOYEES WITH WRIT-
 TEN  INFORMATION EXPLAINING THE REPORTING REQUIREMENTS SET OUT IN SUBDI-
 VISION ONE OF THIS SECTION. THE EMPLOYERS SHALL BE RESPONSIBLE  FOR  THE
 COSTS ASSOCIATED WITH PRINTING AND DISTRIBUTING THE WRITTEN INFORMATION.
   6.  ANY  STATE OR LOCAL GOVERNMENTAL AGENCY OR AUTHORIZED AGENCY WHICH
 ISSUES A LICENSE, CERTIFICATE OR PERMIT TO AN INDIVIDUAL  TO  OPERATE  A
 FAMILY  DAY  CARE  HOME OR GROUP FAMILY DAY CARE HOME SHALL PROVIDE EACH
 PERSON CURRENTLY HOLDING OR  SEEKING  SUCH  A  LICENSE,  CERTIFICATE  OR
 PERMIT  WITH  WRITTEN  INFORMATION EXPLAINING THE REPORTING REQUIREMENTS
 SET OUT IN SUBDIVISION ONE OF THIS SECTION.
   7. ANY PERSON, OFFICIAL OR  INSTITUTION  REQUIRED  BY  THIS  TITLE  TO
 REPORT  A  CASE OF SUSPECTED ABUSE OR MALTREATMENT OF A SENIOR WHO WILL-
 FULLY FAILS TO DO SO SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND  SHALL
 BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
   §  2.  This act shall take effect immediately; provided, however, that
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date is authorized and directed to be  made  and  completed  on  or
 before such effective date.