senate Bill S4751B

Signed by Governor

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:
A421C
Versions:
S4751
S4751A
S4751B
Legislative Cycle:
2013-2014
Law Section:
Social Services Law
Laws Affected:
Amd §§413 & 488, Soc Serv L; add §3036, Ed L

Sponsor Memo

BILL NUMBER:S4751B

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; and to amend the education law, in relation to coursework
for reporting child abuse and maltreatment for persons holding
temporary coaching licenses or professional coaching certificates

PURPOSE:

To require full or part-time compensated school employees 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, as amended by chapter 554 of the laws of
2013, to add a full or part-time compensated school employee required
to hold a temporary coaching license or professional coaching
certificate to the list of mandated reporters.

Section two amends subdivision 5-a of section 488 of the social
services law, as amended by chapter 8 of the laws of 2014, to add any
full or part-time compensated school employee required to hold a
temporary coaching license or professional coaching certificate to the
definition of human services professional.

Section three amends the education law by adding a new section 3036 to
require the commissioner of education to prescribe regulations
requiring that all persons currently holding a temporary coaching
license or a professional coaching certificate and persons applying
for such license or certificate shall, in addition to all the other
licensure or certification requirements, have completed two hours of
coursework or training regarding the identification and reporting of
child abuse and maltreatment as described in the section. Each
applicant shall provide the department of education with documentation
showing that he or she has completed the required training.

Section four provides the effective date.

JUSTIFICATION:

School coaches are often in a 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 his or her
coach.

The current law is ambiguous as to whether individuals in these
positions are mandated reporters. This legislation will clarify that
coaches who are paid employees of the school district have a duty to
report suspected abuse, and as with all mandated reporters, will be
protected from civil liability resulting from reports that are proven
unfounded. By requiring the commissioner of education to prescribe
regulations to complete two hours of coursework or training regarding
the identification and reporting of child abuse and maltreatment, we


provide the coaches with the tools to assist them to identify and
report suspected child abuse and maltreatment.

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; provided, however, that
sections one and two of this act shall take effect on July 1, 2015;
provided, further that if chapter 554 of the laws of 2013 shall not
have taken effect on or before such date then section one of this act
shall take effect on the same date and in the same manner as such
chapter of the laws of 2013, take effect; and provided that if chapter
B of the laws of 2014 shall not have taken effect on or before such
date then section two of this act shall take effect on the same date
and in the same manner as such chapter of the laws of 2014, take
effect.

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

                                 4751--B
    Cal. No. 184

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 22, 2013
                               ___________

Introduced  by  Sens. LANZA, GALLIVAN, KENNEDY -- 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 commit-
  tee -- reported favorably from said committee, ordered  to  first  and
  second report, ordered to a third reading, passed by Senate and deliv-
  ered  to  the Assembly, recalled, vote reconsidered, restored to third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN  ACT  to  amend the social services law, in relation to expanding the
  persons responsible for reporting cases of suspected child abuse;  and
  to  amend  the  education law, in relation to coursework for reporting
  child abuse and maltreatment for persons  holding  temporary  coaching
  licenses or professional coaching certificates

  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 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05059-11-4

S. 4751--B                          2

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;  FULL  OR  PART-TIME  COMPENSATED
SCHOOL EMPLOYEE REQUIRED TO HOLD A TEMPORARY COACHING LICENSE OR PROFES-
SIONAL COACHING CERTIFICATE; social services worker; director of a chil-
dren's  overnight camp, summer day camp or traveling summer day camp, as
such camps are defined in section thirteen  hundred  ninety-two  of  the
public health law; 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  counse-
lor;  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. Subdivision 5-a of section 488 of the  social  services  law,  as
amended by chapter 8 of the laws of 2014, is amended to read as follows:
  5-a.  "Human  services professional" shall mean any: physician; regis-
tered physician assistant; surgeon; medical examiner; coroner;  dentist;
dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
resident; intern; psychologist;  registered  nurse;  licensed  practical
nurse;  nurse practitioner; social worker; emergency medical technician;
licensed creative arts therapist; licensed marriage  and  family  thera-
pist; licensed mental health counselor; licensed psychoanalyst; licensed
behavior   analyst;   certified  behavior  analyst  assistant;  licensed
speech/language pathologist or audiologist; licensed physical therapist;
licensed occupational  therapist;  hospital  personnel  engaged  in  the
admission,  examination, care or treatment of persons; 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  teaching  or administrative license or
certificate; FULL OR PART-TIME COMPENSATED SCHOOL EMPLOYEE  REQUIRED  TO
HOLD  A TEMPORARY COACHING LICENSE OR PROFESSIONAL COACHING CERTIFICATE;
social services worker; any other child  care  or  foster  care  worker;
mental  health  professional; person credentialed by the office of alco-
holism 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 3. The education law is amended by adding a new section 3036 to read
as follows:
  S 3036. COURSEWORK FOR REPORTING  CHILD  ABUSE  AND  MALTREATMENT  FOR
THOSE  WITH COACHING LICENSES OR COACHING CERTIFICATES. 1. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL  PRESCRIBE  REGU-
LATIONS  REQUIRING THAT ALL PERSONS CURRENTLY HOLDING A TEMPORARY COACH-
ING LICENSE OR A PROFESSIONAL COACHING CERTIFICATE AND PERSONS  APPLYING
FOR  SUCH  LICENSE  OR  CERTIFICATE  SHALL, IN ADDITION TO ALL THE OTHER
LICENSURE OR CERTIFICATION REQUIREMENTS, HAVE  COMPLETED  TWO  HOURS  OF
COURSEWORK  OR  TRAINING  REGARDING  THE IDENTIFICATION AND REPORTING OF

S. 4751--B                          3

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  REPOR-
TERS,  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.
  2. PERSONS CURRENTLY HOLDING A TEMPORARY COACHING LICENSE OR A PROFES-
SIONAL  COACHING  CERTIFICATE  SHALL  MEET  THE  COURSEWORK  OR TRAINING
REQUIREMENTS PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION NO LATER THAN
JULY FIRST, TWO THOUSAND FIFTEEN.
  S 4. This act shall take effect immediately; provided,  however,  that
sections  one  and  two  of  this act shall take effect on July 1, 2015;
provided, further that if chapter 554 of the laws of 2013 shall not have
taken effect on or before such date then section one of this  act  shall
take  effect  on the same date and in the same manner as such chapter of
the laws of 2013, takes effect; and provided that if chapter  8  of  the
laws  of  2014  shall  not have taken effect on or before such date then
section two of this act shall take effect on the same date  and  in  the
same manner as such chapter of the laws of 2014, takes effect.

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