NY State Senate Bill 2019-S1041

Senate Bill S1041

2019-2020 Legislative Session

Requires completion of annual training by persons and officials required to report cases of suspected child abuse or maltreatment

download bill text pdf

Archive: Last Bill Status - Stricken

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 19, 2019	recommit, enacting clause stricken
Jan 10, 2019	referred to finance

2019-S1041 (ACTIVE) - Details

Law Section:: Social Services Law
Laws Affected:: Add §413-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5649
2017-2018: S836

2019-S1041 (ACTIVE) - Summary

Requires completion of annual training by persons and officials required to report cases of suspected child abuse or maltreatment; such training shall be offered online free of charge and address the identification and reporting of child abuse and maltreatment.

2019-S1041 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1041

SPONSOR: YOUNG
 
TITLE OF BILL:

An act to amend the social services law, in relation to requiring
persons and officials who are required to report cases of suspected
child abuse or maltreatment to complete annual training relating to
identifying and reporting such abuse and maltreatment

 
PURPOSE:

The purpose of this bill is to ensure that persons who are required to
report suspected cases of child abuse and maltreatment remain current on
appropriate training and that a record of completion of such training is
maintained.

 
JUSTIFICATION:

Accurate and timely reporting of suspected cases of child abuse or
maltreatment is an essential element of protecting New York State's most

vulnerable population. Mandatory reporters are often on the front lines
in identifying instances where a child may be the victim of abuse or
maltreatment. These mandatory reporters play a vital role in the
protection of potential victims because they are often the first to
alert a child protective service or law enforcement agency of potential
abuse or maltreatment.

The certification course required in this legislation takes two hours to
complete, but users have the ability to complete the required two hours
over a thirty-day period. Once completed, proof of such completion
should be submitted either in printed or electronic form to the individ-
ual's employer. If they are self-employed, the individual must maintain
their own record of completion. In both instances, the record must be
producible to any employee of the office of children and family
services, child protective agency, or law enforcement officer engaged in
the investigation of suspected child abuse or maltreatment.

The course is available at www.nysmandatedreporter.org, a site that is
sponsored by the New York State Office of Children and Family Services
through an agreement with the State University of New York Buffalo State
Center for. Development of Human Services Institute for Community Health
Promotion.

Completion of this course does not constitute any burden on mandatory
reporters given the course is free, available on the internet, and easi-
ly accessible from any internet-connected computer. It is not time-con-
suming to complete, as progress is saved at the completion of each
section, allowing individuals to complete the course at their own pace
over thirty days. Taking this refresher course will help to ensure that
every individual whose position is recognized as a mandatory reporter of
suspected child abuse or maltreatment has been recently refreshed on
reporting procedures and abuse or maltreatment indicators.

 
LEGISLATIVE HISTORY:

2017,2018: S.836 Committed to Rules

2016: S.5649 Committed to Finance
2015: S.5649 Referred to Children & Families

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately, except that subdivisions 2 and 3
of section 413-a of the social services law, as added by section two of
this act, shall take effect on the first of January next succeeding the
date on which it shall have become law.

2019-S1041 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1041
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the  social  services  law,  in  relation  to  requiring
   persons  and  officials  who are required to report cases of suspected
   child abuse or maltreatment to complete annual  training  relating  to
   identifying and reporting such abuse and maltreatment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature hereby  finds  that  in
 order  to  better  protect  the  state's most vulnerable population, the
 persons and officials who are required  to  report  cases  of  suspected
 child  abuse  or  maltreatment  would be better served to be required to
 take a free, annual electronically-provided, self-directed online train-
 ing course to refresh such persons and officials on the signs and  indi-
 cators of suspected child abuse or maltreatment.
   Accurate and timely reporting of child abuse or maltreatment is essen-
 tial to ensure cases are appropriately addressed and investigated by the
 appropriate  agencies.  Timely  and  thoroughly  investigated reports of
 child abuse or maltreatment are necessary in  order  to  prevent  future
 abuse or maltreatment while also holding accountable the parties respon-
 sible for such abuse or maltreatment and to remove children from danger-
 ous situations.
   By completing this type of training course annually, persons and offi-
 cials  who  are  required  to  report  cases of suspected child abuse or
 maltreatment will be able to stay current with all  of  the  information
 necessary  to  ensure that they are best able to identify signs of child
 abuse or maltreatment, as well as current reporting procedures  and  any
 potential changes in reporting requirements.
   §  2. The social services law is amended by adding a new section 413-a
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03944-01-9

 S. 1041                             2
 
   § 413-A. MANDATORY  ANNUAL  CHILD  ABUSE  AND  MALTREATMENT  REPORTING
 TRAINING.  1.  THE  COMMISSIONER  OF  CHILDREN AND FAMILY SERVICES SHALL
 ESTABLISH A COURSE OF INSTRUCTION AND MAY APPROVE COURSES OF INSTRUCTION
 OFFERED BY THIRD PARTIES FOR PERSONS AND OFFICIALS  REQUIRED  TO  REPORT
 CASES OF SUSPECTED CHILD ABUSE AND MALTREATMENT PURSUANT TO SECTION FOUR
 HUNDRED THIRTEEN OF THIS TITLE. SUCH COURSES SHALL PROVIDE SUCH TRAINING
 ON  THE  IDENTIFICATION  AND  REPORTING  OF  CHILD ABUSE OR MALTREATMENT
 PURSUANT TO THIS TITLE AS SUCH COMMISSIONER SHALL DEEM TO BE  NECESSARY.
 EACH COURSE OF INSTRUCTION SHALL BE PROVIDED FREE OF CHARGE VIA LINKS ON
 THE  WEBSITE  OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES AND
 SHALL BE APPROXIMATELY TWO HOURS IN DURATION. FURTHERMORE,  THE  COMMIS-
 SIONER  OF  CHILDREN  AND  FAMILY SERVICES SHALL ESTABLISH A METHODOLOGY
 WHICH PROVIDES PROOF THAT A PERSON HAS COMPLETED SUCH COURSE OF INSTRUC-
 TION.
   2. EVERY PERSON AND OFFICIAL REQUIRED TO  REPORT  CASES  OF  SUSPECTED
 CHILD ABUSE OR MALTREATMENT PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF
 THIS  TITLE  SHALL  EACH  CALENDAR YEAR COMPLETE A COURSE OF INSTRUCTION
 ESTABLISHED OR APPROVED PURSUANT TO SUBDIVISION  ONE  OF  THIS  SECTION.
 UPON  EACH  COMPLETION  OF  SUCH  A COURSE, THE PERSON OR OFFICIAL SHALL
 PROVIDE PROOF OF COMPLETION TO THE EMPLOYER OF SUCH PERSON OR  OFFICIAL,
 UNLESS  THE  PERSON IS SELF-EMPLOYED, THEN HE OR SHE SHALL RETAIN A COPY
 OF SUCH PROOF.
   3. EVERY PERSON AND EMPLOYER RECEIVING A PROOF  OF  COURSE  COMPLETION
 PURSUANT TO THIS SECTION SHALL MAINTAIN A COPY THEREOF, IN EITHER PRINT-
 ED  OR  ELECTRONIC FORM, FOR A PERIOD OF FIVE YEARS, AND SHALL MAKE SUCH
 COPY AVAILABLE TO ANY EMPLOYEE OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  OR CHILD PROTECTIVE AGENCY, OR LAW ENFORCEMENT OFFICER ENGAGED
 IN THE INVESTIGATION OF SUSPECTED CHILD ABUSE OR MALTREATMENT.
   § 3. This act shall take effect immediately, except that  subdivisions
 2 and 3 of section 413-a of the social services law, as added by section
 two of this act, shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

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