NY State Assembly Bill 2013-A2887B

Archive: Last Bill Status - In Senate Committee Children And Families 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2014	referred to children and families delivered to senate passed assembly ordered to third reading rules cal.57 rules report cal.57 reported
Jun 03, 2014	reported referred to rules
May 20, 2014	print number 2887b
May 20, 2014	amend (t) and recommit to children and families
Jan 31, 2014	print number 2887a
Jan 31, 2014	amend and recommit to children and families
Jan 08, 2014	referred to children and families
Jan 18, 2013	referred to children and families

Bill Amendments

Original

B (Active)

2013-A2887 - Details

Current Committee:: Senate Children And Families
Law Section:: Education Law
Laws Affected:: Amd §§6507, 3003 & 3004, Ed L; amd §413, Soc Serv L
Versions Introduced in 2015-2016 Legislative Session:: A7643

2013-A2887 - Summary

Requires certain persons and officials required to report suspected child abuse and maltreatment to complete ongoing training.

2013-A2887 - Bill Text download pdf

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

                                  2887

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2013
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH -- read once and referred to the
  Committee on Children and Families

AN ACT to amend the  social  services  law,  in  relation  to  requiring
  persons  and  officials  required  to  report suspected child abuse or
  maltreatment to complete certain ongoing training; to amend the educa-
  tion law, in relation to requiring  school  superintendents,  teachers
  and  certain  other licensed professionals to complete training in the
  reporting of suspected cases of child abuse and maltreatment;  and  to
  amend  the  executive  law  and  the public health law, in relation to
  child abuse prevention

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 413 of the social services law is amended by adding
a new subdivision 1-a to read as follows:
  1-A.  (A)  EVERY PERSON AND OFFICIAL REQUIRED TO REPORT CHILD ABUSE OR
MALTREATMENT, PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL,  PRIOR
TO  ASSUMPTION  OF  THE POSITION WHICH REQUIRES SUCH REPORTING, COMPLETE
TWO HOURS OF COURSEWORK OR TRAINING  REGARDING  THE  IDENTIFICATION  AND
REPORTING  OF  CHILD  ABUSE AND MALTREATMENT; PROVIDED THAT EVERY PERSON
AND OFFICIAL HOLDING SUCH A POSITION ON OR BEFORE THE EFFECTIVE DATE  OF
THIS  PARAGRAPH  SHALL  COMPLETE  SUCH COURSEWORK OR TRAINING WITHIN ONE
YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (B) EVERY DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEY, POLICE OFFI-
CER, PEACE OFFICER, INVESTIGATOR EMPLOYED IN THE OFFICE OF THE  DISTRICT
ATTORNEY,  PEDIATRICIAN, PHYSICIAN WHO IS EMPLOYED IN AN EMERGENCY ROOM,
REGISTERED NURSE AND REGISTERED PHYSICIAN ASSISTANT WHO IS EMPLOYED BY A
PEDIATRICIAN OR IN AN EMERGENCY ROOM, TEACHER, CHILD CARE WORKER, FOSTER
CARE WORKER, MEDICAL  EXAMINER,  CORONER,  PREVENTIVE  SERVICES  WORKER,
CHILD   PROTECTIVE  SERVICES  WORKER,  SOCIAL  WORKER  WHOSE  EMPLOYMENT
INVOLVES REGULAR INTERACTION WITH CHILDREN, SUBSTANCE ABUSE AND ALCOHOL-
ISM COUNSELOR WHOSE EMPLOYMENT INVOLVES REGULAR INTERACTION  WITH  CHIL-
DREN,  AND  MENTAL HEALTH PROFESSIONAL WHOSE EMPLOYMENT INVOLVES REGULAR
INTERACTION WITH CHILDREN REQUIRED TO REPORT CHILD  ABUSE  OR  MALTREAT-
MENT,  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL, NOT LESS THAN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02722-01-3

A. 2887                             2

ONCE EVERY TWO YEARS, COMPLETE TWO AND ONE-HALF HOURS OF  COURSEWORK  OR
TRAINING  REGARDING  THE IDENTIFICATION AND REPORTING OF CHILD ABUSE AND
MALTREATMENT.   SUCH CONTINUING COURSEWORK OR  TRAINING  SHALL,  TO  THE
GREATEST  EXTENT POSSIBLE, INCLUDE ADVANCED TRAINING WHICH BUILDS ON THE
INITIAL OR EARLIER COURSEWORK REQUIRED IN THIS SUBDIVISION.
  (C) EXCEPT AS OTHERWISE PROVIDED BY THE EDUCATION LAW, THE  OFFICE  OF
CHILDREN  AND FAMILY SERVICES SHALL APPROVE AND/OR ESTABLISH THE COURSE-
WORK AND TRAINING REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS  SUBDIVI-
SION.    SUCH COURSEWORK AND TRAINING MAY BE DEVELOPED SO THAT IT CAN BE
OFFERED THROUGH VARIOUS MEANS INCLUDING, BUT NOT  LIMITED  TO,  INTERNET
BASED COURSES AND TELECONFERENCES.
  S 2. Subdivision 4 of section 3003 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:
  4.  Notwithstanding any other provision of law, the commissioner shall
require that any person applying[, on or after January  first,  nineteen
hundred  ninety-one,] for a superintendent's certificate shall, in addi-
tion to all the other requirements, have completed two hours of  course-
work  or  training  regarding  the identification and reporting of child
abuse and maltreatment, AND SHALL THEREAFTER COMPLETE TWO  AND  ONE-HALF
ADDITIONAL  HOURS  OF  SUCH  COURSEWORK  OR TRAINING AT LEAST ONCE EVERY
PERIOD OF TWO YEARS.   SUCH COURSEWORK OR  TRAINING  SHALL  BE  PROVIDED
PURSUANT  TO  SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS CHAPTER AS IF THE
SUPERINTENDENT WAS AN APPLICANT FOR OR HOLDER OF A LICENSE TO PRACTICE A
PROFESSION PURSUANT TO TITLE EIGHT OF THIS CHAPTER.   The coursework  or
training  shall  be  obtained  from an institution or provider which has
been approved by the department to provide such coursework or  training.
The coursework or training shall include information regarding the phys-
ical  and  behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred  thir-
teen  through  four hundred twenty of the social services law, including
but not limited to, when and how a  report  must  be  made,  what  other
actions  the  reporter  is  mandated  or  authorized  to take, the legal
protections afforded reporters, and  the  consequences  for  failing  to
report.  Each  applicant shall provide the department with documentation
showing that he or she has completed the required training.
  S 3. Section 3209-a of the education law, as added by chapter  504  of
the laws of 1988, is amended to read as follows:
  S 3209-a. Child  abuse prevention.   Each school district of the state
shall: (1) develop, maintain and disseminate written policies and proce-
dures pursuant to title six of article six of the  social  services  law
and  applicable  provisions  of  article  ten  of  the family court act,
regarding the mandatory reporting of child abuse or  neglect,  reporting
procedures and obligations of persons required to report, provisions for
taking  a  child into protective custody, mandatory reporting of deaths,
immunity from liability, penalties for failure to report and obligations
for the provision of services and procedures necessary to safeguard  the
life  or  health  of  the  child; and (2) establish, and implement on an
ongoing basis, a training program for all current and new  school  offi-
cials regarding the policies and procedures established pursuant to this
section  AND  THE SIGNS AND SYMPTOMS THAT SCHOOL OFFICIALS MAY BE LIKELY
TO ENCOUNTER WHICH MAY INDICATE THE PRESENCE OF CHILD ABUSE OR MALTREAT-
MENT.
  S 4. Subdivision 2 of section 3004 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:
  2. Notwithstanding any other provision of law, the commissioner  shall
prescribe  regulations requiring that all persons applying[, on or after

A. 2887                             3

January first,  nineteen  hundred  ninety-one,]  for  a  certificate  or
license  to  be  a  teacher  shall, in addition to all the other certif-
ication or licensure requirements, have completed two hours  of  course-
work  or  training  regarding  the identification and reporting of child
abuse and maltreatment, AND SHALL THEREAFTER COMPLETE TWO  AND  ONE-HALF
ADDITIONAL  HOURS  OF  SUCH  COURSEWORK  OR TRAINING AT LEAST ONCE EVERY
PERIOD OF TWO YEARS. SUCH  COURSEWORK  OR  TRAINING  SHALL  BE  PROVIDED
PURSUANT  TO  SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS CHAPTER AS IF THE
TEACHER WAS AN APPLICANT FOR OR  HOLDER  OF  A  LICENSE  TO  PRACTICE  A
PROFESSION  PURSUANT  TO  TITLE EIGHT OF THIS CHAPTER. The coursework or
training shall be obtained from an institution  or  provider  which  has
been  approved by the department to provide such coursework or training.
The coursework or training shall include information regarding the phys-
ical and behavioral indicators of child abuse and maltreatment  and  the
statutory  reporting requirements set out in sections four hundred thir-
teen through four hundred twenty of the social services  law,  including
but  not  limited  to,  when  and  how a report must be made, what other
actions the reporter is  mandated  or  authorized  to  take,  the  legal
protections  afforded  reporters,  and  the  consequences for failing to
report. Each applicant shall provide the department  with  documentation
showing that he or she has completed the required training.
  S  5.  The  closing paragraph of section 3007 of the education law, as
amended by chapter 544 of the laws  of  1988,  is  amended  to  read  as
follows:
  Such  endorsement confers on the holder of such diploma or certificate
the privileges conferred by law on the holder of the diploma of a  state
teachers  college  or  state  college  for teachers or state certificate
issued in this state. Notwithstanding any other provision  of  law,  the
commissioner  shall  require  that  any  person seeking endorsement of a
foreign certificate or diploma[, on or  after  January  first,  nineteen
hundred  ninety-one,]  shall  have  completed two hours of coursework or
training regarding the identification and reporting of child  abuse  and
maltreatment,  AND SHALL THEREAFTER COMPLETE TWO AND ONE-HALF ADDITIONAL
HOURS OF SUCH COURSEWORK OR TRAINING AT LEAST ONCE EVERY PERIOD  OF  TWO
YEARS. SUCH COURSEWORK OR TRAINING SHALL BE PROVIDED PURSUANT TO SECTION
SIXTY-FIVE HUNDRED TWO-A OF THIS CHAPTER AS IF THE TEACHER WAS AN APPLI-
CANT  FOR  OR  HOLDER  OF A LICENSE TO PRACTICE A PROFESSION PURSUANT TO
TITLE EIGHT OF  THIS  CHAPTER.  The  coursework  or  training  shall  be
obtained  from an institution or provider which has been approved by the
department to provide such [course work]  COURSEWORK  or  training.  The
coursework  or training shall include information regarding the physical
and behavioral indicators of child abuse and maltreatment and the statu-
tory reporting requirements set out in sections  four  hundred  thirteen
through  four  hundred  twenty of the social services law, including but
not limited to, when and how a report must be made, what  other  actions
the  reporter  is  mandated or authorized to take, the legal protections
afforded reporters, and the consequences for  failing  to  report.  Each
applicant  shall  provide the department with documentation showing that
he or she has completed the required training.
  S 6. Section 6501 of the education law, as amended by  chapter  81  of
the laws of 1995, is amended to read as follows:
  S  6501. Admission to a profession (licensing).  Admission to practice
of a profession in this state is accomplished by a license being  issued
to  a qualified applicant by the education department.  To qualify for a
license an applicant shall meet the requirements prescribed in the arti-
cle for the  particular  profession  and  shall  meet  the  requirements

A. 2887                             4

prescribed  in  section  3-503 of the general obligations law AND, WHERE
APPLICABLE, THE REQUIREMENTS OF SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS
SUBARTICLE.
  S 7. Subdivision 1 of section 6502 of the education law, as amended by
chapter 599 of the laws of 1996, is amended to read as follows:
  1.  A  license  shall  be  valid  during the life of the holder unless
revoked, annulled or suspended by the board of regents or in the case of
physicians, physicians practicing under a  limited  permit,  physician's
assistants,  specialist's assistants and medical residents, the licensee
is stricken from the roster of such licensees by the board of regents on
the order of the state board for professional  medical  conduct  in  the
department  of  health. A licensee must register with the department and
meet the requirements prescribed in section 3-503 of the  general  obli-
gations   law   AND,  WHERE  APPLICABLE,  THE  REQUIREMENTS  OF  SECTION
SIXTY-FIVE HUNDRED TWO-A OF THIS SUBARTICLE to practice in this state.
  S 8. The education law is amended by adding a new  section  6502-a  to
read as follows:
  S  6502-A. MANDATED REPORTING OF SUSPECTED CHILD ABUSE OR MALTREATMENT
TRAINING. 1. EACH APPLICANT FOR  A  LICENSE  TO  PRACTICE  A  PROFESSION
PURSUANT  TO  THIS TITLE, THE PRACTICE OF WHICH REQUIRES THE LICENSEE TO
REPORT SUSPECTED CASES OF  CHILD  ABUSE  AND  MALTREATMENT  PURSUANT  TO
SECTION  FOUR  HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL, PRIOR
TO BEING LICENSED TO PRACTICE SUCH PROFESSION,  COMPLETE  TWO  HOURS  OF
COURSEWORK  OR  TRAINING  REGARDING  THE IDENTIFICATION AND REPORTING OF
CHILD ABUSE AND  MALTREATMENT.  EVERY  PERSON  LICENSED  TO  PRACTICE  A
PROFESSION  PURSUANT  TO  THIS TITLE PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION, THE PRACTICE OF WHICH REQUIRES THE LICENSEE TO REPORT SUSPECTED
CASES OF CHILD ABUSE AND MALTREATMENT PURSUANT TO SECTION  FOUR  HUNDRED
THIRTEEN  OF  THE SOCIAL SERVICES LAW, SHALL COMPLETE SUCH COURSEWORK OR
TRAINING WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
  2. EACH PERSON REQUIRED TO COMPLETE COURSEWORK OR TRAINING PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, WHO IS EMPLOYED OR SERVES IN A POSITION
LISTED IN PARAGRAPH (B) OF SUBDIVISION ONE-A  OF  SECTION  FOUR  HUNDRED
THIRTEEN  OF THE SOCIAL SERVICES LAW, SHALL THEREAFTER COMPLETE AN ADDI-
TIONAL TWO AND ONE-HALF HOURS OF COURSEWORK OR  TRAINING  REGARDING  THE
IDENTIFICATION  AND  REPORTING  OF CHILD ABUSE AND MALTREATMENT AT LEAST
ONCE EVERY PERIOD OF TWO YEARS.  SUCH CONTINUING COURSEWORK OR  TRAINING
SHALL,  TO THE GREATEST EXTENT POSSIBLE, INCLUDE ADVANCED TRAINING WHICH
BUILDS ON THE INITIAL OR EARLIER COURSEWORK REQUIRED  IN  THIS  SUBDIVI-
SION.
  3.  THE  DEPARTMENT  MAY  DEVELOP  A TRAINING CURRICULUM REGARDING THE
IDENTIFICATION AND REPORTING OF CHILD ABUSE AND MALTREATMENT WHICH SHALL
BE USED TO PROVIDE THE COURSEWORK AND TRAINING REQUIRED BY THIS SECTION,
PROVIDED, HOWEVER, THAT IF THE DEPARTMENT SHALL FAIL TO DEVELOP  SUCH  A
TRAINING CURRICULUM, THEN THE REQUIRED CURRICULUM FOR THE COURSEWORK AND
TRAINING  REQUIRED  BY  THIS  SECTION  SHALL  BE THE TRAINING CURRICULUM
RELATING  THERETO  DEVELOPED  BY  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES. EVERY TRAINING CURRICULUM DEVELOPED BY THE DEPARTMENT PURSUANT
TO  THIS  SUBDIVISION  SHALL BE SUBJECT TO THE APPROVAL OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES.  THE DEPARTMENT SHALL REQUIRE EVERY INSTI-
TUTION AND PROVIDER OF COURSEWORK OR TRAINING PURSUANT TO  THIS  SECTION
TO  UTILIZE AN APPROVED CURRICULUM.  SUCH COURSEWORK AND TRAINING MAY BE
DEVELOPED SO THAT IT CAN BE OFFERED THROUGH VARIOUS MEANS INCLUDING, BUT
NOT LIMITED TO, INTERNET BASED COURSES AND TELECONFERENCES.

A. 2887                             5

  S 9. Paragraph a of subdivision 3 of section  6507  of  the  education
law,  as  amended by chapter 356 of the laws of 2006, is amended to read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing[,  on or after January first, nineteen hundred ninety-one,] initial-
ly, or for the renewal of, a license, registration or limited permit  to
be  a  physician,  chiropractor,  dentist, registered nurse, podiatrist,
optometrist, psychiatrist, psychologist, licensed master social  worker,
licensed  clinical  social  worker,  licensed  creative  arts therapist,
licensed marriage and family therapist, licensed mental  health  counse-
lor,  licensed psychoanalyst, [or] dental hygienist OR ANY OTHER PROFES-
SION WHICH IS REQUIRED TO REPORT CASES  OF  SUSPECTED  CHILD  ABUSE  AND
MALTREATMENT,  PURSUANT  TO  SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL
SERVICES LAW, shall, in addition to all  the  other  licensure,  certif-
ication  or  permit requirements, have completed two hours of coursework
or training regarding the identification and reporting  of  child  abuse
and maltreatment, AND IF THEY ARE LISTED IN PARAGRAPH (B) OF SUBDIVISION
ONE-A OF SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL
THEREAFTER COMPLETE TWO AND ONE-HALF ADDITIONAL HOURS OF SUCH COURSEWORK
OR  TRAINING  AT LEAST ONCE EVERY PERIOD OF TWO YEARS IN ACCORDANCE WITH
THE PROVISIONS OF SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS ARTICLE.  The
coursework or training shall be obtained from an institution or provider
which has been approved by the department to provide such coursework  or
training. The coursework or training shall include information regarding
the  physical  and behavioral indicators of child abuse and maltreatment
and the statutory  reporting  requirements  set  out  in  sections  four
hundred thirteen through four hundred twenty of the social services law,
including  but  not limited to, when and how a report must be made, what
other actions the reporter is mandated or authorized to take, the  legal
protections  afforded  reporters,  and  the  consequences for failing to
report. Such coursework or training may also include information regard-
ing the physical and behavioral indicators of the abuse  of  individuals
with  mental retardation and other developmental disabilities and volun-
tary reporting of abused or neglected adults to  the  office  of  mental
retardation and developmental disabilities or the local adult protective
services unit. Each applicant shall provide the department with documen-
tation  showing  that he or she has completed the required training. The
department shall provide an exemption from the child abuse and maltreat-
ment training  requirements  to  any  applicant  who  requests  such  an
exemption  and  who  shows, to the department's satisfaction, that there
would be no need because of the nature of his or her practice for him or
her to complete such training;
  S 10. Section 214-a of the executive law, as added by chapter  504  of
the laws of 1988, is amended to read as follows:
  S 214-a. Child  abuse  prevention.  The  superintendent shall, for all
members of the state police: (1) develop, maintain and disseminate writ-
ten policies and procedures pursuant to title six of article six of  the
social  services  law  and  applicable  provisions of article ten of the
family court act, regarding the mandatory reporting of  child  abuse  or
neglect,  reporting  procedures  and  obligations of persons required to
report, provisions for taking a child into protective custody, mandatory
reporting of deaths, immunity from liability, penalties for  failure  to
report  and  obligations  for  the  provision of services and procedures

A. 2887                             6

necessary to safeguard the life or health of the child; [and] (2) estab-
lish, and implement on an ongoing basis,  a  training  program  for  all
current  and  new employees regarding the policies and procedures estab-
lished  pursuant to this section; AND (3) ESTABLISH, AND IMPLEMENT ON AN
ONGOING BASIS, A TRAINING PROGRAM FOR ALL CURRENT AND NEW EMPLOYEES  WHO
ARE  LIKELY  TO  COME  INTO CONTACT WITH CHILDREN IN THE COURSE OF THEIR
PROFESSIONAL DUTIES, REGARDING THE IDENTIFICATION AND  INVESTIGATION  OF
CHILD  ABUSE  AND  MALTREATMENT  AND  ANY PROTOCOLS THAT EXIST REGARDING
INVESTIGATING SUSPECTED INCIDENTS OF CHILD ABUSE AND MALTREATMENT JOINT-
LY WITH LOCAL DEPARTMENTS OF SOCIAL SERVICES.
  S 11. Paragraph (j) of subdivision 1 of section 840 of  the  executive
law,  as  amended by chapter 617 of the laws of 1990, is amended to read
as follows:
  (j) (1) Development, maintenance and dissemination of written policies
and procedures pursuant to title  six  of  article  six  of  the  social
services  law  and  applicable  provisions  of article ten of the family
court act, regarding the mandatory reporting of child abuse or  neglect,
reporting  procedures  and  obligations  of  persons required to report,
provisions for taking a child into protective custody, mandatory report-
ing of deaths, immunity from liability, penalties for failure to  report
and  obligations  for the provision of services and procedures necessary
to safeguard the life or health of  the  child;  (2)  establishment  and
implementation  on  an  ongoing  basis,  of  a  training program for all
current and new police officers regarding the  policies  and  procedures
established pursuant to this paragraph AND THE IDENTIFICATION AND INVES-
TIGATION  OF  CHILD  ABUSE AND MALTREATMENT AND ANY PROTOCOLS THAT EXIST
REGARDING INVESTIGATING SUSPECTED INCIDENTS OF CHILD ABUSE AND MALTREAT-
MENT JOINTLY WITH LOCAL DEPARTMENTS OF SOCIAL SERVICES; and  (3)  estab-
lishment  of a training program for police officers whose main responsi-
bilities are juveniles and the laws pertaining thereto,  which  training
program shall be successfully completed before such officers are accred-
ited pursuant to section eight hundred forty-six-h of this chapter.
  S 12. Section 2805-n of the public health law, as added by chapter 504
of the laws of 1988, is amended to read as follows:
  S  2805-n.  Child abuse prevention.  All hospitals shall: (i) develop,
maintain and disseminate written policies  and  procedures  pursuant  to
title  six  of  article  six  of  the social services law and applicable
provisions of article ten of the family court act, regarding the  manda-
tory reporting of child abuse or neglect, reporting procedures and obli-
gations  of  persons  required  to report, provisions for taking a child
into protective custody, mandatory reporting of  deaths,  immunity  from
liability,  penalties  for  failure  to  report  and obligations for the
provision of services and procedures necessary to safeguard the life  or
health  of  the child; [and] (ii) establish, and implement on an ongoing
basis, a training program for all current and  new  employees  regarding
the  policies  and  procedures established pursuant to this section; AND
(III) ESTABLISH AND IMPLEMENT, ON AN ONGOING BASIS, A  TRAINING  PROGRAM
FOR ALL CURRENT AND NEW EMPLOYEES WHO REGULARLY ASSESS INJURIES IN CHIL-
DREN REGARDING THE IDENTIFICATION OF CHILD ABUSE AND MALTREATMENT.
  S  13.  This  act  shall  take effect on the one hundred twentieth day
after it shall have become a law, provided that the promulgation, amend-
ment and/or repeal of any rule or regulation necessary to implement  the
provisions  of this act on its effective date is authorized and directed
to be completed on or before such date.

co-Sponsors

2013-A2887A - Details

Current Committee:: Senate Children And Families
Law Section:: Education Law
Laws Affected:: Amd §§6507, 3003 & 3004, Ed L; amd §413, Soc Serv L
Versions Introduced in 2015-2016 Legislative Session:: A7643

2013-A2887A - Summary

Requires certain persons and officials required to report suspected child abuse and maltreatment to complete ongoing training.

2013-A2887A - Bill Text download pdf

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

                                 2887--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2013
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH -- read once and referred to the
  Committee on Children and Families -- recommitted to the Committee  on
  Children  and  Families  in accordance with Assembly Rule 3, sec. 2 --
  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
  persons and officials required to  report  suspected  child  abuse  or
  maltreatment to complete certain ongoing training; to amend the educa-
  tion  law,  in  relation to requiring school superintendents, teachers
  and certain other licensed professionals to complete training  in  the
  reporting  of  suspected cases of child abuse and maltreatment; and to
  amend the executive law and the public  health  law,  in  relation  to
  child abuse prevention

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 413 of the social services law is amended by adding
a new subdivision 1-a to read as follows:
  1-A. (A) EVERY PERSON AND OFFICIAL REQUIRED TO REPORT CHILD  ABUSE  OR
MALTREATMENT,  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL, PRIOR
TO ASSUMPTION OF THE POSITION WHICH REQUIRES  SUCH  REPORTING,  COMPLETE
TWO  HOURS  OF  COURSEWORK  OR TRAINING REGARDING THE IDENTIFICATION AND
REPORTING OF CHILD ABUSE AND MALTREATMENT; PROVIDED  THAT  EVERY  PERSON
AND  OFFICIAL HOLDING SUCH A POSITION ON OR BEFORE THE EFFECTIVE DATE OF
THIS PARAGRAPH SHALL COMPLETE SUCH COURSEWORK  OR  TRAINING  WITHIN  ONE
YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (B) EVERY DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEY, POLICE OFFI-
CER,  PEACE OFFICER, INVESTIGATOR EMPLOYED IN THE OFFICE OF THE DISTRICT
ATTORNEY, PEDIATRICIAN, PHYSICIAN WHO IS EMPLOYED IN AN EMERGENCY  ROOM,
REGISTERED NURSE AND REGISTERED PHYSICIAN ASSISTANT WHO IS EMPLOYED BY A
PEDIATRICIAN OR IN AN EMERGENCY ROOM, TEACHER, CHILD CARE WORKER, FOSTER
CARE  WORKER,  MEDICAL  EXAMINER,  CORONER,  PREVENTIVE SERVICES WORKER,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02722-02-4

A. 2887--A                          2

CHILD  PROTECTIVE  SERVICES  WORKER,  SOCIAL  WORKER  WHOSE   EMPLOYMENT
INVOLVES REGULAR INTERACTION WITH CHILDREN, SUBSTANCE ABUSE AND ALCOHOL-
ISM  COUNSELOR  WHOSE EMPLOYMENT INVOLVES REGULAR INTERACTION WITH CHIL-
DREN,  AND  MENTAL HEALTH PROFESSIONAL WHOSE EMPLOYMENT INVOLVES REGULAR
INTERACTION WITH CHILDREN REQUIRED TO REPORT CHILD  ABUSE  OR  MALTREAT-
MENT,  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL, NOT LESS THAN
ONCE EVERY TWO YEARS, COMPLETE TWO AND ONE-HALF HOURS OF  COURSEWORK  OR
TRAINING  REGARDING  THE IDENTIFICATION AND REPORTING OF CHILD ABUSE AND
MALTREATMENT.   SUCH CONTINUING COURSEWORK OR  TRAINING  SHALL,  TO  THE
GREATEST  EXTENT POSSIBLE, INCLUDE ADVANCED TRAINING WHICH BUILDS ON THE
INITIAL OR EARLIER COURSEWORK REQUIRED IN THIS SUBDIVISION.
  (C) EXCEPT AS OTHERWISE PROVIDED BY THE EDUCATION LAW, THE  OFFICE  OF
CHILDREN  AND FAMILY SERVICES SHALL APPROVE AND/OR ESTABLISH THE COURSE-
WORK AND TRAINING REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS  SUBDIVI-
SION.    SUCH COURSEWORK AND TRAINING MAY BE DEVELOPED SO THAT IT CAN BE
OFFERED THROUGH VARIOUS MEANS INCLUDING, BUT NOT  LIMITED  TO,  INTERNET
BASED COURSES AND TELECONFERENCES.
  S 2. Subdivision 4 of section 3003 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:
  4.  Notwithstanding any other provision of law, the commissioner shall
require that any person applying[, on or after January  first,  nineteen
hundred  ninety-one,] for a superintendent's certificate shall, in addi-
tion to all the other requirements, have completed two hours of  course-
work  or  training  regarding  the identification and reporting of child
abuse and maltreatment, AND SHALL THEREAFTER COMPLETE TWO  AND  ONE-HALF
ADDITIONAL  HOURS  OF  SUCH  COURSEWORK  OR TRAINING AT LEAST ONCE EVERY
PERIOD OF TWO YEARS.   SUCH COURSEWORK OR  TRAINING  SHALL  BE  PROVIDED
PURSUANT  TO  SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS CHAPTER AS IF THE
SUPERINTENDENT WAS AN APPLICANT FOR OR HOLDER OF A LICENSE TO PRACTICE A
PROFESSION PURSUANT TO TITLE EIGHT OF THIS CHAPTER.   The coursework  or
training  shall  be  obtained  from an institution or provider which has
been approved by the department to provide such coursework or  training.
The coursework or training shall include information regarding the phys-
ical  and  behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred  thir-
teen  through  four hundred twenty of the social services law, including
but not limited to, when and how a  report  must  be  made,  what  other
actions  the  reporter  is  mandated  or  authorized  to take, the legal
protections afforded reporters, and  the  consequences  for  failing  to
report.  Each  applicant shall provide the department with documentation
showing that he or she has completed the required training.
  S 3. Section 3209-a of the education law, as added by chapter  504  of
the laws of 1988, is amended to read as follows:
  S 3209-a. Child  abuse prevention.   Each school district of the state
shall: (1) develop, maintain and disseminate written policies and proce-
dures pursuant to title six of article six of the  social  services  law
and  applicable  provisions  of  article  ten  of  the family court act,
regarding the mandatory reporting of child abuse or  neglect,  reporting
procedures and obligations of persons required to report, provisions for
taking  a  child into protective custody, mandatory reporting of deaths,
immunity from liability, penalties for failure to report and obligations
for the provision of services and procedures necessary to safeguard  the
life  or  health  of  the  child; and (2) establish, and implement on an
ongoing basis, a training program for all current and new  school  offi-
cials regarding the policies and procedures established pursuant to this
section  AND  THE SIGNS AND SYMPTOMS THAT SCHOOL OFFICIALS MAY BE LIKELY

A. 2887--A                          3

TO ENCOUNTER WHICH MAY INDICATE THE PRESENCE OF CHILD ABUSE OR MALTREAT-
MENT.
  S 4. Subdivision 2 of section 3004 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:
  2.  Notwithstanding any other provision of law, the commissioner shall
prescribe regulations requiring that all persons applying[, on or  after
January  first,  nineteen  hundred  ninety-one,]  for  a  certificate or
license to be a teacher shall, in addition  to  all  the  other  certif-
ication  or  licensure requirements, have completed two hours of course-
work or training regarding the identification  and  reporting  of  child
abuse  and  maltreatment, AND SHALL THEREAFTER COMPLETE TWO AND ONE-HALF
ADDITIONAL HOURS OF SUCH COURSEWORK OR  TRAINING  AT  LEAST  ONCE  EVERY
PERIOD  OF  TWO  YEARS.  SUCH  COURSEWORK  OR TRAINING SHALL BE PROVIDED
PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS CHAPTER AS  IF  THE
TEACHER  WAS  AN  APPLICANT  FOR  OR  HOLDER  OF A LICENSE TO PRACTICE A
PROFESSION PURSUANT TO TITLE EIGHT OF THIS CHAPTER.  The  coursework  or
training  shall  be  obtained  from an institution or provider which has
been approved by the department to provide such coursework or  training.
The coursework or training shall include information regarding the phys-
ical  and  behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred  thir-
teen  through  four hundred twenty of the social services law, including
but not limited to, when and how a  report  must  be  made,  what  other
actions  the  reporter  is  mandated  or  authorized  to take, the legal
protections afforded reporters, and  the  consequences  for  failing  to
report.  Each  applicant shall provide the department with documentation
showing that he or she has completed the required training.
  S 5. The closing paragraph of section 3007 of the  education  law,  as
amended  by  chapter  544  of  the  laws  of 1988, is amended to read as
follows:
  Such endorsement confers on the holder of such diploma or  certificate
the  privileges conferred by law on the holder of the diploma of a state
teachers college or state college  for  teachers  or  state  certificate
issued  in  this  state. Notwithstanding any other provision of law, the
commissioner shall require that any  person  seeking  endorsement  of  a
foreign  certificate  or  diploma[,  on or after January first, nineteen
hundred ninety-one,] shall have completed two  hours  of  coursework  or
training  regarding  the identification and reporting of child abuse and
maltreatment, AND SHALL THEREAFTER COMPLETE TWO AND ONE-HALF  ADDITIONAL
HOURS  OF  SUCH COURSEWORK OR TRAINING AT LEAST ONCE EVERY PERIOD OF TWO
YEARS. SUCH COURSEWORK OR TRAINING SHALL BE PROVIDED PURSUANT TO SECTION
SIXTY-FIVE HUNDRED TWO-A OF THIS CHAPTER AS IF THE TEACHER WAS AN APPLI-
CANT FOR OR HOLDER OF A LICENSE TO PRACTICE  A  PROFESSION  PURSUANT  TO
TITLE  EIGHT  OF  THIS  CHAPTER.  The  coursework  or  training shall be
obtained from an institution or provider which has been approved by  the
department  to  provide  such  [course work] COURSEWORK or training. The
coursework or training shall include information regarding the  physical
and behavioral indicators of child abuse and maltreatment and the statu-
tory  reporting  requirements  set out in sections four hundred thirteen
through four hundred twenty of the social services  law,  including  but
not  limited  to, when and how a report must be made, what other actions
the reporter is mandated or authorized to take,  the  legal  protections
afforded  reporters,  and  the  consequences for failing to report. Each
applicant shall provide the department with documentation  showing  that
he or she has completed the required training.

A. 2887--A                          4

  S  6.  Section  6501 of the education law, as amended by chapter 81 of
the laws of 1995, is amended to read as follows:
  S  6501. Admission to a profession (licensing).  Admission to practice
of a profession in this state is accomplished by a license being  issued
to  a qualified applicant by the education department.  To qualify for a
license an applicant shall meet the requirements prescribed in the arti-
cle for the  particular  profession  and  shall  meet  the  requirements
prescribed  in  section  3-503 of the general obligations law AND, WHERE
APPLICABLE, THE REQUIREMENTS OF SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS
SUBARTICLE.
  S 7. Subdivision 1 of section 6502 of the education law, as amended by
chapter 599 of the laws of 1996, is amended to read as follows:
  1. A license shall be valid during  the  life  of  the  holder  unless
revoked, annulled or suspended by the board of regents or in the case of
physicians,  physicians  practicing  under a limited permit, physician's
assistants, specialist's assistants and medical residents, the  licensee
is stricken from the roster of such licensees by the board of regents on
the  order  of  the  state board for professional medical conduct in the
department of health. A licensee must register with the  department  and
meet  the  requirements prescribed in section 3-503 of the general obli-
gations  law  AND,  WHERE  APPLICABLE,  THE  REQUIREMENTS   OF   SECTION
SIXTY-FIVE HUNDRED TWO-A OF THIS SUBARTICLE to practice in this state.
  S  8.  The  education law is amended by adding a new section 6502-a to
read as follows:
  S 6502-A. MANDATED REPORTING OF SUSPECTED CHILD ABUSE OR  MALTREATMENT
TRAINING.  1.  EACH  APPLICANT  FOR  A  LICENSE TO PRACTICE A PROFESSION
PURSUANT TO THIS TITLE, THE PRACTICE OF WHICH REQUIRES THE  LICENSEE  TO
REPORT  SUSPECTED  CASES  OF  CHILD  ABUSE  AND MALTREATMENT PURSUANT TO
SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW,  SHALL,  PRIOR
TO  BEING  LICENSED  TO  PRACTICE SUCH PROFESSION, COMPLETE TWO HOURS OF
COURSEWORK OR TRAINING REGARDING THE  IDENTIFICATION  AND  REPORTING  OF
CHILD  ABUSE  AND  MALTREATMENT.  EVERY  PERSON  LICENSED  TO PRACTICE A
PROFESSION PURSUANT TO THIS TITLE PRIOR TO THE EFFECTIVE  DATE  OF  THIS
SECTION, THE PRACTICE OF WHICH REQUIRES THE LICENSEE TO REPORT SUSPECTED
CASES  OF  CHILD ABUSE AND MALTREATMENT PURSUANT TO SECTION FOUR HUNDRED
THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL COMPLETE SUCH  COURSEWORK  OR
TRAINING WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
  2. EACH PERSON REQUIRED TO COMPLETE COURSEWORK OR TRAINING PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, WHO IS EMPLOYED OR SERVES IN A POSITION
LISTED  IN  PARAGRAPH  (B)  OF SUBDIVISION ONE-A OF SECTION FOUR HUNDRED
THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL THEREAFTER COMPLETE AN  ADDI-
TIONAL  TWO  AND  ONE-HALF HOURS OF COURSEWORK OR TRAINING REGARDING THE
IDENTIFICATION AND REPORTING OF CHILD ABUSE AND  MALTREATMENT  AT  LEAST
ONCE  EVERY PERIOD OF TWO YEARS.  SUCH CONTINUING COURSEWORK OR TRAINING
SHALL, TO THE GREATEST EXTENT POSSIBLE, INCLUDE ADVANCED TRAINING  WHICH
BUILDS  ON  THE  INITIAL OR EARLIER COURSEWORK REQUIRED IN THIS SUBDIVI-
SION.
  3. THE DEPARTMENT MAY DEVELOP  A  TRAINING  CURRICULUM  REGARDING  THE
IDENTIFICATION AND REPORTING OF CHILD ABUSE AND MALTREATMENT WHICH SHALL
BE USED TO PROVIDE THE COURSEWORK AND TRAINING REQUIRED BY THIS SECTION,
PROVIDED,  HOWEVER,  THAT IF THE DEPARTMENT SHALL FAIL TO DEVELOP SUCH A
TRAINING CURRICULUM, THEN THE REQUIRED CURRICULUM FOR THE COURSEWORK AND
TRAINING REQUIRED BY THIS  SECTION  SHALL  BE  THE  TRAINING  CURRICULUM
RELATING  THERETO  DEVELOPED  BY  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES. EVERY TRAINING CURRICULUM DEVELOPED BY THE DEPARTMENT PURSUANT
TO THIS SUBDIVISION SHALL BE SUBJECT TO THE APPROVAL OF  THE  OFFICE  OF

A. 2887--A                          5

CHILDREN AND FAMILY SERVICES.  THE DEPARTMENT SHALL REQUIRE EVERY INSTI-
TUTION  AND  PROVIDER OF COURSEWORK OR TRAINING PURSUANT TO THIS SECTION
TO UTILIZE AN APPROVED CURRICULUM.  SUCH COURSEWORK AND TRAINING MAY  BE
DEVELOPED SO THAT IT CAN BE OFFERED THROUGH VARIOUS MEANS INCLUDING, BUT
NOT LIMITED TO, INTERNET BASED COURSES AND TELECONFERENCES.
  S  9.  Paragraph  a  of subdivision 3 of section 6507 of the education
law, as amended by chapter 356 of the laws of 2006, is amended  to  read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing[,  on or after January first, nineteen hundred ninety-one,] initial-
ly, or for the renewal of, a license, registration or limited permit  to
be  a  physician,  chiropractor,  dentist, registered nurse, podiatrist,
optometrist, psychiatrist, psychologist, licensed master social  worker,
licensed  clinical  social  worker,  licensed  creative  arts therapist,
licensed marriage and family therapist, licensed mental  health  counse-
lor,  licensed psychoanalyst, [or] dental hygienist OR ANY OTHER PROFES-
SION WHICH IS REQUIRED TO REPORT CASES  OF  SUSPECTED  CHILD  ABUSE  AND
MALTREATMENT,  PURSUANT  TO  SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL
SERVICES LAW, shall, in addition to all  the  other  licensure,  certif-
ication  or  permit requirements, have completed two hours of coursework
or training regarding the identification and reporting  of  child  abuse
and maltreatment, AND IF THEY ARE LISTED IN PARAGRAPH (B) OF SUBDIVISION
ONE-A OF SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL
THEREAFTER COMPLETE TWO AND ONE-HALF ADDITIONAL HOURS OF SUCH COURSEWORK
OR  TRAINING  AT LEAST ONCE EVERY PERIOD OF TWO YEARS IN ACCORDANCE WITH
THE PROVISIONS OF SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS ARTICLE.  The
coursework or training shall be obtained from an institution or provider
which has been approved by the department to provide such coursework  or
training. The coursework or training shall include information regarding
the  physical  and behavioral indicators of child abuse and maltreatment
and the statutory  reporting  requirements  set  out  in  sections  four
hundred thirteen through four hundred twenty of the social services law,
including  but  not limited to, when and how a report must be made, what
other actions the reporter is mandated or authorized to take, the  legal
protections  afforded  reporters,  and  the  consequences for failing to
report. Such coursework or training may also include information regard-
ing the physical and behavioral indicators of the abuse  of  individuals
with  mental retardation and other developmental disabilities and volun-
tary reporting of abused or neglected adults to  the  office  of  mental
retardation and developmental disabilities or the local adult protective
services unit. Each applicant shall provide the department with documen-
tation  showing  that he or she has completed the required training. The
department shall provide an exemption from the child abuse and maltreat-
ment training  requirements  to  any  applicant  who  requests  such  an
exemption  and  who  shows, to the department's satisfaction, that there
would be no need because of the nature of his or her practice for him or
her to complete such training;
  S 9-a. Paragraph a of subdivsion 3 of section 6507  of  the  education
law,  as  amended by chapter 554 of the laws of 2013, is amended to read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the

A. 2887--A                          6

commissioner shall establish standards requiring that all persons apply-
ing[, on or after January first, nineteen hundred ninety-one,]  initial-
ly,  or for the renewal of, a license, registration or limited permit to
be  a  physician,  chiropractor,  dentist, registered nurse, podiatrist,
optometrist, psychiatrist, psychologist, licensed master social  worker,
licensed  clinical  social  worker,  licensed  creative  arts therapist,
licensed marriage and family therapist, licensed mental  health  counse-
lor,   licensed   psychoanalyst,  dental  hygienist,  licensed  behavior
analyst, [or] certified behavior analyst assistant OR ANY OTHER  PROFES-
SION  WHICH  IS  REQUIRED  TO  REPORT CASES OF SUSPECTED CHILD ABUSE AND
MALTREATMENT, PURSUANT TO SECTION FOUR HUNDRED THIRTEEN  OF  THE  SOCIAL
SERVICES  LAW,  shall,  in  addition to all the other licensure, certif-
ication or permit requirements, have completed two hours  of  coursework
or  training  regarding  the identification and reporting of child abuse
and maltreatment AND IF THEY ARE LISTED IN PARAGRAPH (B) OF  SUBDIVISION
ONE-A OF SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL
THEREAFTER COMPLETE TWO AND ONE-HALF ADDITIONAL HOURS OF SUCH COURSEWORK
OR  TRAINING  AT LEAST ONCE EVERY PERIOD OF TWO YEARS IN ACCORDANCE WITH
THE PROVISIONS OF SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS ARTICLE.  The
coursework or training shall be obtained from an institution or provider
which has been approved by the department to provide such coursework  or
training. The coursework or training shall include information regarding
the  physical  and behavioral indicators of child abuse and maltreatment
and the statutory  reporting  requirements  set  out  in  sections  four
hundred thirteen through four hundred twenty of the social services law,
including  but  not limited to, when and how a report must be made, what
other actions the reporter is mandated or authorized to take, the  legal
protections  afforded  reporters,  and  the  consequences for failing to
report. Such coursework or training may also include information regard-
ing the physical and behavioral indicators of the abuse  of  individuals
with  [mental  retardation  and  other]  developmental  disabilities and
voluntary reporting of abused or neglected  adults  to  the  office  [of
mental  retardation  and]  FOR PEOPLE WITH developmental disabilities or
the local adult protective services unit. Each applicant  shall  provide
the  department  with documentation showing that he or she has completed
the required training. The department shall provide  an  exemption  from
the  child abuse and maltreatment training requirements to any applicant
who requests such an exemption and who shows, to the department's satis-
faction, that there would be no need because of the nature of his or her
practice for him or her to complete such training;
  S 10. Section 214-a of the executive law, as added by chapter  504  of
the laws of 1988, is amended to read as follows:
  S 214-a. Child  abuse  prevention.  The  superintendent shall, for all
members of the state police: (1) develop, maintain and disseminate writ-
ten policies and procedures pursuant to title six of article six of  the
social  services  law  and  applicable  provisions of article ten of the
family court act, regarding the mandatory reporting of  child  abuse  or
neglect,  reporting  procedures  and  obligations of persons required to
report, provisions for taking a child into protective custody, mandatory
reporting of deaths, immunity from liability, penalties for  failure  to
report  and  obligations  for  the  provision of services and procedures
necessary to safeguard the life or health of the child; [and] (2) estab-
lish, and implement on an ongoing basis,  a  training  program  for  all
current  and  new employees regarding the policies and procedures estab-
lished pursuant to this section; AND (3) ESTABLISH, AND IMPLEMENT ON  AN
ONGOING  BASIS, A TRAINING PROGRAM FOR ALL CURRENT AND NEW EMPLOYEES WHO

A. 2887--A                          7

ARE LIKELY TO COME INTO CONTACT WITH CHILDREN IN  THE  COURSE  OF  THEIR
PROFESSIONAL  DUTIES,  REGARDING THE IDENTIFICATION AND INVESTIGATION OF
CHILD ABUSE AND MALTREATMENT AND  ANY  PROTOCOLS  THAT  EXIST  REGARDING
INVESTIGATING SUSPECTED INCIDENTS OF CHILD ABUSE AND MALTREATMENT JOINT-
LY WITH LOCAL DEPARTMENTS OF SOCIAL SERVICES.
  S  11.  Paragraph (j) of subdivision 1 of section 840 of the executive
law, as amended by chapter 617 of the laws of 1990, is amended  to  read
as follows:
  (j) (1) Development, maintenance and dissemination of written policies
and  procedures  pursuant  to  title  six  of  article six of the social
services law and applicable provisions of  article  ten  of  the  family
court  act, regarding the mandatory reporting of child abuse or neglect,
reporting procedures and obligations  of  persons  required  to  report,
provisions for taking a child into protective custody, mandatory report-
ing  of deaths, immunity from liability, penalties for failure to report
and obligations for the provision of services and  procedures  necessary
to  safeguard  the  life  or  health of the child; (2) establishment and
implementation on an ongoing  basis,  of  a  training  program  for  all
current  and  new  police officers regarding the policies and procedures
established pursuant to this paragraph AND THE IDENTIFICATION AND INVES-
TIGATION OF CHILD ABUSE AND MALTREATMENT AND ANY  PROTOCOLS  THAT  EXIST
REGARDING INVESTIGATING SUSPECTED INCIDENTS OF CHILD ABUSE AND MALTREAT-
MENT  JOINTLY  WITH LOCAL DEPARTMENTS OF SOCIAL SERVICES; and (3) estab-
lishment of a training program for police officers whose main  responsi-
bilities  are  juveniles and the laws pertaining thereto, which training
program shall be successfully completed before such officers are accred-
ited pursuant to section eight hundred forty-six-h of this chapter.
  S 12. Section 2805-n of the public health law, as added by chapter 504
of the laws of 1988, is amended to read as follows:
  S 2805-n. Child abuse prevention.  All hospitals shall:  (i)  develop,
maintain  and  disseminate  written  policies and procedures pursuant to
title six of article six of  the  social  services  law  and  applicable
provisions  of article ten of the family court act, regarding the manda-
tory reporting of child abuse or neglect, reporting procedures and obli-
gations of persons required to report, provisions  for  taking  a  child
into  protective  custody,  mandatory reporting of deaths, immunity from
liability, penalties for failure  to  report  and  obligations  for  the
provision  of services and procedures necessary to safeguard the life or
health of the child; [and] (ii) establish, and implement on  an  ongoing
basis,  a  training  program for all current and new employees regarding
the policies and procedures established pursuant to  this  section;  AND
(III)  ESTABLISH  AND IMPLEMENT, ON AN ONGOING BASIS, A TRAINING PROGRAM
FOR ALL CURRENT AND NEW EMPLOYEES WHO REGULARLY ASSESS INJURIES IN CHIL-
DREN REGARDING THE IDENTIFICATION OF CHILD ABUSE AND MALTREATMENT.
  S 13. This act shall take effect on  the  one  hundred  twentieth  day
after it shall have become a law, provided that the promulgation, amend-
ment  and/or repeal of any rule or regulation necessary to implement the
provisions of this act on its effective date is authorized and  directed
to  be completed on or before such date, provided, however, that section
nine-a of this act shall take effect on the same date and  in  the  same
manner as chapter 554 of the laws of 2013 takes effect.

co-Sponsors

2013-A2887B (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Education Law
Laws Affected:: Amd §§6507, 3003 & 3004, Ed L; amd §413, Soc Serv L
Versions Introduced in 2015-2016 Legislative Session:: A7643

2013-A2887B (ACTIVE) - Summary

Requires certain persons and officials required to report suspected child abuse and maltreatment to complete ongoing training.

2013-A2887B (ACTIVE) - Bill Text download pdf

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

                                 2887--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2013
                               ___________

Introduced  by  M.  of  A. SCARBOROUGH, HEVESI, LUPARDO -- read once and
  referred to the Committee on Children and Families --  recommitted  to
  the  Committee  on  Children  and Families in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  education  law  and the social services law, in
  relation to coursework or training regarding  the  identification  and
  reporting of suspected cases of 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 3 of section 6507 of the educa-
tion law, as amended by chapter 356 of the laws of 2006, is  amended  to
read as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing,  on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
licensed clinical  social  worker,  licensed  creative  arts  therapist,
licensed  marriage  and family therapist, licensed mental health counse-
lor, licensed psychoanalyst, or dental hygienist shall, in  addition  to
all the other licensure, certification or permit requirements, AND EVERY
THREE YEARS THEREAFTER, have completed two hours of coursework or train-
ing  regarding  the  identification  and  reporting  of  child abuse and
maltreatment.   The coursework or training shall  be  obtained  from  an
institution  or  provider  which  has been approved by the department to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02722-05-4

A. 2887--B                          2

provide such coursework or training. The coursework  or  training  shall
include  information regarding the physical and behavioral indicators of
child abuse and maltreatment and the  statutory  reporting  requirements
set out in sections four hundred thirteen through four hundred twenty of
the  social  services  law, including but not limited to, when and how a
report must be made, what other actions  the  reporter  is  mandated  or
authorized  to  take,  the legal protections afforded reporters, and the
consequences for failing to report. Such coursework or training may also
include information regarding the physical and behavioral indicators  of
the  abuse  of  individuals with [mental retardation and other] develop-
mental disabilities and  voluntary  reporting  of  abused  or  neglected
adults  to the office [of mental retardation and] FOR PEOPLE WITH devel-
opmental disabilities or the local adult protective services unit.  Each
applicant  shall  provide the department with documentation showing that
he or she has completed the  required  training.  The  department  shall
provide  an  exemption  from  the  child abuse and maltreatment training
requirements to any applicant who requests such  an  exemption  and  who
shows,  to  the  department's  satisfaction, that there would be no need
because of the nature of his or her practice for him or her to  complete
such training;
  S  2.  Paragraph  a  of subdivision 3 of section 6507 of the education
law, as amended by chapter 554 of the laws of 2013, is amended  to  read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing,  on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
licensed clinical  social  worker,  licensed  creative  arts  therapist,
licensed  marriage  and family therapist, licensed mental health counse-
lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
analyst,  or  certified behavior analyst assistant shall, in addition to
all the other licensure, certification or permit requirements, AND EVERY
THREE YEARS THEREAFTER, have completed two hours of coursework or train-
ing regarding the  identification  and  reporting  of  child  abuse  and
maltreatment.    The  coursework  or  training shall be obtained from an
institution or provider which has been approved  by  the  department  to
provide  such  coursework  or training. The coursework or training shall
include information regarding the physical and behavioral indicators  of
child  abuse  and  maltreatment and the statutory reporting requirements
set out in sections four hundred thirteen through four hundred twenty of
the social services law, including but not limited to, when  and  how  a
report  must  be  made,  what  other actions the reporter is mandated or
authorized to take, the legal protections afforded  reporters,  and  the
consequences for failing to report. Such coursework or training may also
include  information regarding the physical and behavioral indicators of
the abuse of individuals with [mental retardation  and  other]  develop-
mental  disabilities  and  voluntary  reporting  of  abused or neglected
adults to the office [of mental retardation and] FOR PEOPLE WITH  devel-
opmental  disabilities or the local adult protective services unit. Each
applicant shall provide the department with documentation  showing  that
he  or  she  has  completed  the required training. The department shall
provide an exemption from the  child  abuse  and  maltreatment  training

A. 2887--B                          3

requirements  to  any  applicant  who requests such an exemption and who
shows, to the department's satisfaction, that there  would  be  no  need
because  of the nature of his or her practice for him or her to complete
such training;
  S 3. Subdivision 4 of section 3003 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:
  4.  Notwithstanding any other provision of law, the commissioner shall
require that any person applying, on or after  January  first,  nineteen
hundred  ninety-one,  for a superintendent's certificate shall, in addi-
tion to all the other requirements, AND EVERY  THREE  YEARS  THEREAFTER,
have  completed  two hours of coursework or training regarding the iden-
tification and reporting of child abuse and maltreatment.   The  course-
work or training shall be obtained from an institution or provider which
has been approved by the department to provide such coursework or train-
ing.  The coursework or training shall include information regarding the
physical and behavioral indicators of child abuse and  maltreatment  and
the  statutory  reporting  requirements set out in sections four hundred
thirteen through four hundred twenty of the social services law, includ-
ing but not limited to, when and how a report must be made,  what  other
actions  the  reporter  is  mandated  or  authorized  to take, the legal
protections afforded reporters, and  the  consequences  for  failing  to
report.  Each  applicant shall provide the department with documentation
showing that he or she has completed the required training.
  S 4. Subdivision 2 of section 3004 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:
  2. Notwithstanding any other provision of law, the commissioner  shall
prescribe  regulations  requiring that all persons applying, on or after
January first, nineteen hundred ninety-one, for a certificate or license
to be a teacher shall, in addition to all  the  other  certification  or
licensure requirements, AND EVERY THREE YEARS THEREAFTER, have completed
two  hours  of  coursework  or training regarding the identification and
reporting of child abuse and maltreatment.  The coursework  or  training
shall  be  obtained  from  an  institution  or  provider  which has been
approved by the department to provide such coursework or  training.  The
coursework  or training shall include information regarding the physical
and behavioral indicators of child abuse and maltreatment and the statu-
tory reporting requirements set out in sections  four  hundred  thirteen
through  four  hundred  twenty of the social services law, including but
not limited to, when and how a report must be made, what  other  actions
the  reporter  is  mandated or authorized to take, the legal protections
afforded reporters, and the consequences for  failing  to  report.  Each
applicant  shall  provide the department with documentation showing that
he or she has completed the required training.
  S 5. Section 413 of the social services law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. (A) EVERY PERSON AND OFFICIAL REQUIRED TO REPORT CHILD  ABUSE  OR
MALTREATMENT,  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL, PRIOR
TO ASSUMPTION OF THE POSITION WHICH REQUIRES SUCH REPORTING,  AND  EVERY
THREE  YEARS  THEREAFTER,  COMPLETE  TWO HOURS OF COURSEWORK OR TRAINING
REGARDING THE IDENTIFICATION AND REPORTING OF CHILD ABUSE AND  MALTREAT-
MENT; PROVIDED THAT EVERY PERSON AND OFFICIAL HOLDING SUCH A POSITION ON
OR  BEFORE  THE  EFFECTIVE  DATE  OF  THIS PARAGRAPH SHALL COMPLETE SUCH
COURSEWORK OR TRAINING WITHIN ONE YEAR OF THE  EFFECTIVE  DATE  OF  THIS
SUBDIVISION.
  (B)  EXCEPT  AS OTHERWISE PROVIDED BY THE EDUCATION LAW, THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL APPROVE AND/OR ESTABLISH THE  COURSE-

A. 2887--B                          4

WORK  AND TRAINING REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVI-
SION.  SUCH COURSEWORK AND TRAINING MAY BE DEVELOPED SO THAT IT  CAN  BE
OFFERED  THROUGH  VARIOUS  MEANS INCLUDING, BUT NOT LIMITED TO, INTERNET
BASED COURSES AND TELECONFERENCES.
  S  6. This act shall take effect one year after it shall have become a
law provided, however, that section two of this act shall take effect on
the same date and in the same manner as chapter 554 of the laws of  2013
takes effect.

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Assembly Bill A2887B

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Bill Amendments

2013-A2887 - Details

2013-A2887 - Summary

2013-A2887 - Bill Text download pdf

co-Sponsors

2013-A2887A - Details

2013-A2887A - Summary

2013-A2887A - Bill Text download pdf

co-Sponsors

2013-A2887B (ACTIVE) - Details

2013-A2887B (ACTIVE) - Summary

2013-A2887B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A2887B

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Sponsored By

SCARBOROUGH

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Bill Amendments

2013-A2887 - Details

2013-A2887 - Summary

2013-A2887 - Bill Text download pdf

co-Sponsors

Andrew Hevesi

Donna Lupardo

2013-A2887A - Details

2013-A2887A - Summary

2013-A2887A - Bill Text download pdf

co-Sponsors

Andrew Hevesi

Donna Lupardo

Crystal Peoples-Stokes

2013-A2887B (ACTIVE) - Details

2013-A2887B (ACTIVE) - Summary

2013-A2887B (ACTIVE) - Bill Text download pdf

Comments