Assembly Bill A2060A

2021-2022 Legislative Session

Relates to the duty to report incidents

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Disabilities 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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Bill Amendments

co-Sponsors

2021-A2060 - Details

See Senate Version of this Bill:
S3410
Current Committee:
Senate Disabilities
Law Section:
Social Services Law
Laws Affected:
Amd §491, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2017-2018: A7700, S5539
2019-2020: A2756, S1143
2023-2024: A5697, S4521

2021-A2060 - Summary

Requires every mandated reporter to make a report to the register unless the register has knowledge of the incident.

2021-A2060 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2060
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of  A. BARRETT, GUNTHER, SANTABARBARA, DE LA ROSA --
   read once and referred to the Committee on Environmental Conservation
 
 AN ACT to amend the social services law, in  relation  to  the  duty  of
   mandated  reporters  to  report  an  incident  when there are multiple
   reporters with direct knowledge of such incident

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 491 of the social services law is
 amended by adding a new paragraph (b-1) to read as follows:
   (B-1) WHERE MULTIPLE REPORTERS  HAVE  DIRECT  KNOWLEDGE  OF  THE  SAME
 REPORTABLE  INCIDENT  OR  HAVE REASONABLE CAUSE TO SUSPECT SUCH INCIDENT
 HAS OCCURRED, EACH MANDATED REPORTER IS REQUIRED TO  REPORT  SUCH  INCI-
 DENT,  UNLESS  HE OR SHE REASONABLY BELIEVES THAT THE REPORT HAS ALREADY
 BEEN MADE BY ANOTHER MANDATED REPORTER.
   § 2. Paragraph (b) of subdivision 3  of  section  491  of  the  social
 services law, as added by section 1 of part B of chapter 501 of the laws
 of 2012, is amended to read as follows:
   (b)  [A]  EXCEPT  AS PROVIDED IN PARAGRAPH (B-1) OF SUBDIVISION ONE OF
 THIS SECTION, A mandated reporter who knowingly and willfully  fails  to
 report  a  case of suspected abuse or neglect to the vulnerable persons'
 central register may be subject to termination, subject to any  applica-
 ble  collective bargaining agreement. Any person or official required by
 this article to report a case of  suspected  abuse  or  neglect  to  the
 vulnerable  persons'  central register who knowingly and willfully fails
 to do so shall be civilly liable for the damages proximately  caused  by
 such failure.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05208-01-1

co-Sponsors

2021-A2060A (ACTIVE) - Details

See Senate Version of this Bill:
S3410
Current Committee:
Senate Disabilities
Law Section:
Social Services Law
Laws Affected:
Amd §491, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2017-2018: A7700, S5539
2019-2020: A2756, S1143
2023-2024: A5697, S4521

2021-A2060A (ACTIVE) - Summary

Requires every mandated reporter to make a report to the register unless the register has knowledge of the incident.

2021-A2060A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2060--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of  A. BARRETT, GUNTHER, SANTABARBARA, DE LA ROSA --
   read once and referred to the Committee on Environmental  Conservation
   --  reference  changed  to the Committee on Mental Health -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the social services law, in  relation  to  the  duty  to
   report incidents
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 491 of the social services law  is
 amended by adding a new paragraph (d) to read as follows:
   (D) EVERY MANDATED REPORTER IS REQUIRED TO MAKE A REPORT TO THE REGIS-
 TER  AS  OUTLINED  IN  PARAGRAPH  (B) OF THIS SUBDIVISION UNLESS (I) THE
 REPORTER HAS ACTUAL KNOWLEDGE THAT  THE  REPORTABLE  INCIDENT  HAS  BEEN
 REPORTED TO THE REGISTER; AND (II) THAT THE REPORTER HAS BEEN NAMED AS A
 PERSON WITH KNOWLEDGE OF THE INCIDENT IN SUCH PRIOR REPORT.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05208-03-1

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