S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    923
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by M. of A. WALSH, CROUCH, GIGLIO, LAWRENCE, ASHBY -- Multi-
   Sponsored by -- M. of A.  BLANKENBUSH,  B. MILLER  --  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 amended by section 7 of part C of  chapter  57  of  the
 laws of 2018, 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-
 SOR,  GRADUATE  ASSISTANT,  COLLEGE  ADMINISTRATOR,  COLLEGE  PRESIDENT,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02830-01-9

 A. 923                              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;  full  or part-time compensated school employee required to
 hold a temporary coaching license or professional coaching  certificate;
 social  services worker; employee of a publicly-funded emergency shelter
 for families with children; 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; employees, who are expected  to
 have  regular and substantial contact with children, of a health home or
 health home care management agency contracting with  a  health  home  as
 designated  by  the  department  of  health and authorized under section
 three hundred sixty-five-l of this chapter or such employees who provide
 home and community based services under a demonstration program pursuant
 to section eleven hundred fifteen of the federal social security act who
 are expected to have regular  and  substantial  contact  with  children;
 peace  officer;  police officer; district attorney or assistant district
 attorney; investigator employed in the office of a district attorney; or
 other law enforcement official.
   § 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.
   § 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 are authorized to be made on or
 before such date.