senate Bill S3777A

Signed by Governor

Requires directors of children's overnight, summer day and traveling summer day camps to report suspected cases of child abuse or maltreatment

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Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
view actions

actions

  • 03 / Mar / 2011
    • REFERRED TO CHILDREN AND FAMILIES
  • 11 / Mar / 2011
    • AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
  • 11 / Mar / 2011
    • PRINT NUMBER 3777A
  • 04 / Apr / 2011
    • 1ST REPORT CAL.299
  • 05 / Apr / 2011
    • 2ND REPORT CAL.
  • 06 / Apr / 2011
    • ADVANCED TO THIRD READING
  • 11 / Apr / 2011
    • PASSED SENATE
  • 11 / Apr / 2011
    • DELIVERED TO ASSEMBLY
  • 11 / Apr / 2011
    • REFERRED TO CHILDREN AND FAMILIES
  • 01 / Jun / 2011
    • SUBSTITUTED FOR A5519
  • 01 / Jun / 2011
    • ORDERED TO THIRD READING CAL.463
  • 01 / Jun / 2011
    • PASSED ASSEMBLY
  • 01 / Jun / 2011
    • RETURNED TO SENATE
  • 10 / Jun / 2011
    • DELIVERED TO GOVERNOR
  • 22 / Jun / 2011
    • SIGNED CHAP.91

Summary

Requires directors of children's overnight, summer day camps and traveling summer day camps to report suspected child abuse or maltreatment.

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Bill Details

See Assembly Version of this Bill:
A5519
Versions:
S3777
S3777A
Legislative Cycle:
2011-2012
Law Section:
Social Services Law
Laws Affected:
Amd ยง413, Soc Serv L

Sponsor Memo

BILL NUMBER:S3777A

TITLE OF BILL:
An act
to amend the social services law, in relation to requiring directors of
children's overnight, summer day and traveling summer day camps to
report suspected child abuse and maltreatment

PURPOSE OR GENERAL IDEA OF BILL:
To classify camp directors as
mandated reporters, thereby requiring them to report child abuse or
maltreatment.

SUMMARY OF SPECIFIC PROVISIONS:
The section lists specific persons and
officials who are mandated reporters of child abuse or maltreatment.
When there is reasonable cause to suspect child abuse or
maltreatment, the individual must immediately notify the State
Central Register of Child Abuse and Maltreatment and the local
department of social services.

EXISTING LAW:
Current law does not recognize camp directors as
mandated reporters of suspected or known child abuse or maltreatment.

However, the Department of Health requires camp operators, including
camp directors, to report allegations of child abuse. Under Title
7-2.5(n) (4) of the DOH Sanitary Code, the camp operator is required
to develop a camp safety plan submitted for the review and approval
of the permit-issuing official.
The plan must include procedures for responding to allegations of
child abuse, and for reporting allegations of camper abuse to the
permit official within 24 hours.

JUSTIFICATION:
As youth development professionals, camp directors work
with hundreds of children each year. Their first interest is in the
safety and well-being of their campers and if they suspect child
abuse or maltreatment, they will report their suspicions.

However, camp directors are only required to report abuse or
maltreatment to the Department of Health when the abuse or
maltreatment occurs at the camp.
The camp director is not obligated to report abuse or maltreatment
that occurs outside the camp, but should they choose to contact the
proper authorities on behalf of the child, the camp director could be
subject to civil liability actions such as slander and defamation.

Section 419 of the Social Services Law provides immunity for mandated
reporters from criminal and civil liability that might result from a
good faith reporting of suspected child abuse or maltreatment. To
classify camp directors as mandated reporters will safeguard children
and the camp directors who report suspected abuse. These
professionals should be afforded
the protections to guarantee they will not hesitate when the need
arises to protect their campers.


PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3777--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the social services law, in relation to requiring direc-
  tors of children's overnight, summer  day  and  traveling  summer  day
  camps to report suspected child abuse and maltreatment

  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 separately amended by chapters 323 and 366 of the  laws
of 2008, 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;
hospital personnel engaged in the admission, examination, care or treat-
ment of persons; a  Christian  Science  practitioner;  school  official,
which  includes  but  is  not limited to school teacher, school guidance
counselor, school psychologist,  school  social  worker,  school  nurse,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09819-02-1

S. 3777--A                          2

school administrator or other school personnel required to hold a teach-
ing  or  administrative  license or certificate; social services worker;
DIRECTOR OF A CHILDREN'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; day care center worker;  school-age
child care worker; provider of family or group family day care; employee
or  volunteer in a residential care facility defined in subdivision four
of section four hundred twelve-a of this title 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; peace officer; police  officer;
district  attorney or assistant district attorney; investigator employed
in the office of a district attorney; or other law enforcement official.
  S 2. This act shall take effect immediately.

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