senate Bill S4751A

Signed by Governor Amended

Expands the persons responsible for reporting cases of suspected child abuse

download pdf

Sponsor

Co-Sponsors

Bill Status


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

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.

do you support this bill?

Bill Details

Versions:
S4751
S4751A
S4751B
Legislative Cycle:
2013-2014
Law Section:
Social Services Law
Laws Affected:
Amd ยง413, Soc Serv L

Sponsor Memo

BILL NUMBER:S4751A

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 three 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.
2013: Referred to Children and Families/A421A Print number 421A

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--A

                       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  --
  recommitted  to  the  Committee on Children and Families in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05059-04-4

S. 4751--A                          2

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  2.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as amended by chapter 554 of the laws of 2013, 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 school teacher, school guidance counse-
lor, school psychologist, school social  worker,  school  nurse,  school
administrator  or  other school personnel required to hold a teaching 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 credentialed by the  office
of  alcoholism and substance abuse services; peace officer; police offi-
cer; district attorney  or  assistant  district  attorney;  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 chapter 554 of the laws of 2013, takes effect.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.