S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3338
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. WALSH, J. M. GIGLIO, ASHBY, MONTESANO, MORINELLO,
   HAWLEY,  SALKA,  McDONOUGH,  WALCZYK, SAYEGH, RA, PALMESANO, BRABENEC,
   TAGUE, SMULLEN -- Multi-Sponsored by -- M. of A. BLANKENBUSH,  BYRNES,
   DeSTEFANO,  MANKTELOW,  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,
 school  teacher,  school guidance counselor, school psychologist, school
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04396-01-1

 A. 3338                             2
 
 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.