senate Bill S4751

Signed by Governor Amended

Expands the persons responsible for reporting cases of suspected child abuse

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Bill Status


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

  • 22 / Apr / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 29 / May / 2013
    • 1ST REPORT CAL.785
  • 30 / May / 2013
    • 2ND REPORT CAL.
  • 03 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 04 / Jun / 2013
    • PASSED SENATE
  • 04 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 04 / Jun / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CHILDREN AND FAMILIES
  • 10 / Feb / 2014
    • AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
  • 10 / Feb / 2014
    • PRINT NUMBER 4751A
  • 26 / Feb / 2014
    • 1ST REPORT CAL.184
  • 27 / Feb / 2014
    • 2ND REPORT CAL.
  • 03 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 25 / Mar / 2014
    • PASSED SENATE
  • 25 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 25 / Mar / 2014
    • REFERRED TO CHILDREN AND FAMILIES
  • 02 / Jun / 2014
    • RECALLED FROM ASSEMBLY
  • 02 / Jun / 2014
    • RETURNED TO SENATE
  • 02 / Jun / 2014
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 02 / Jun / 2014
    • AMENDED ON THIRD READING (T) 4751B
  • 11 / Jun / 2014
    • REPASSED SENATE
  • 11 / Jun / 2014
    • RETURNED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO CODES
  • 11 / Jun / 2014
    • SUBSTITUTED FOR A421C
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.111
  • 11 / Jun / 2014
    • PASSED ASSEMBLY
  • 11 / Jun / 2014
    • RETURNED TO SENATE
  • 01 / Aug / 2014
    • DELIVERED TO GOVERNOR
  • 06 / Aug / 2014
    • SIGNED CHAP.205

Summary

Expands the persons responsible for reporting cases of suspected child abuse; requires coursework for reporting child abuse and maltreatment for persons holding temporary coaching licenses or professional coaching certificates.

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Bill Details

See Assembly Version of this Bill:
A421A
Versions:
S4751
S4751A
S4751B
Legislative Cycle:
2013-2014
Law Section:
Social Services Law
Laws Affected:
Amd ยง413, Soc Serv L

Sponsor Memo

BILL NUMBER:S4751

TITLE OF BILL: An act to amend the social services law, in relation
to expanding the persons responsible for reporting cases of suspected
child abuse

PURPOSE:

To require school athletic directors, and school personnel or other
persons required to hold a temporary coaching license or professional
coaching certificate to report cases of suspected child abuse.

SUMMARY OF PROVISIONS:

Section one amends paragraph (a) of subdivision 1 of section 413 of
the social services law to add school athletic directors, and school
personnel or other persons required to hold a temporary coaching
license or professional coaching certificate to the list of mandated
reporters.

Section two provides the effective date.

JUSTIFICATION:

School coaches and athletic directors are often in the position to
observe children for signs of abuse, Coaches develop close, trusting
relationships with their players, making it likely that a child would
confide in their coach.

The current law is ambiguous as to whether individuals in these
positions are mandated reporters. This legislation will clarify their
duty to report suspected abuse, and also protect them from civil
liability resulting from reports that are proven unfounded.

LEGISLATIVE HISTORY:

A.8901A of 2012 referred to children and families. Same as S.7350A
(Saland) of 2012 committed to rules.

FISCAL IMPLICATIONS:

None.

LOCAL 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
________________________________________________________________________

                                  4751

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 22, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law, in relation  to  expanding  the
  persons responsible for reporting cases of suspected child abuse

  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 chapter 91 of the laws of 2011,  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,
school administrator or other school personnel required to hold a teach-
ing  or administrative license or certificate; SCHOOL ATHLETIC DIRECTOR;
SCHOOL PERSONNEL OR OTHER PERSON REQUIRED TO HOLD A  TEMPORARY  COACHING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05059-02-3

S. 4751                             2

LICENSE  OR  PROFESSIONAL  COACHING 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.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as amended by section 3 of part D of chapter  501  of  the
laws of 2012, 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,
school administrator or other school personnel required to hold a teach-
ing  or administrative license or certificate; SCHOOL ATHLETIC DIRECTOR;
SCHOOL PERSONNEL OR OTHER PERSON REQUIRED TO HOLD A  TEMPORARY  COACHING
LICENSE  OR  PROFESSIONAL  COACHING 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; or any
other child care or foster  care  worker;  mental  health  professional;
substance  abuse  counselor;  alcoholism  counselor; all persons creden-
tialed by the office of alcoholism and substance abuse  services;  peace
officer;  police officer; district attorney or assistant district attor-
ney; investigator employed in the office  of  a  district  attorney;  or
other law enforcement official.
  S  3. This act shall take effect immediately; provided, however, that:
section two of this act shall take effect on the same date  and  in  the
same  manner  as section 3 of part D of chapter 501 of the laws of 2012,
takes effect.

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