NY State Assembly Bill 2021-A7462B

Assembly Bill A7462B

2021-2022 Legislative Session

Relates to including certain employees or volunteers of youth organizations as mandated reporters

download bill text pdf

Archive: Last Bill Status - In Assembly 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
May 31, 2022	reported referred to rules
May 25, 2022	print number 7462b
May 25, 2022	amend (t) and recommit to codes
May 11, 2022	print number 7462a
May 11, 2022	amend and recommit to codes
Apr 26, 2022	reported referred to codes
Jan 05, 2022	referred to children and families
May 10, 2021	referred to children and families

Bill Amendments

Original

B (Active)

co-Sponsors

2021-A7462 - Details

See Senate Version of this Bill:: S6635
Current Committee:: Assembly Rules
Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L; amd §404, N-PC L; add §110, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10737
2023-2024: S2709

2021-A7462 - Summary

Relates to including certain employees or volunteers of not-for-profit youth organizations whose primary purpose is to interact with youth through activities, events or gatherings as mandated reporters.

2021-A7462 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 6635                                                  A. 7462
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  HARCKHAM -- read twice and ordered
   printed, and when printed to be committed to the Committee on Children
   and Families
 
 IN ASSEMBLY -- Introduced by M. of A. GALEF -- read once and referred to
   the Committee on Children and Families

 AN ACT to amend the  social  services  law,  in  relation  to  including
   certain  employees  or  volunteers  of youth organizations as mandated
   reporters
 
   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 7 of part C of chapter 57 of the
 laws of 2018, 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

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

                                                            LBD05434-01-1

 S. 6635                             2                            A. 7462
 
 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; employee of a publ-
 icly-funded  emergency shelter for families with children; 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; EMPLOYEE OR VOLUNTEER OF AN ORGANIZATION WHOSE PRIMA-
 RY PURPOSE IS TO INTERACT WITH YOUTH THROUGH ACTIVITIES, EVENTS OR OTHER
 ONE  ON  ONE  OR GROUP GATHERINGS, WHERE SUCH ORGANIZATION HAS OR SHOULD
 HAVE POLICIES WHICH REQUIRE SUCH EMPLOYEE OR VOLUNTEER TO REPORT  EITHER
 TO  THE  ORGANIZATION  OR TO A LOCAL AUTHORITY ABOUT ANY SUSPECTED CHILD
 MALTREATMENT OR CHILD ABUSE; 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 for children that is  licensed,
 certified  or operated by the office of children and family services; 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; employ-
 ees, who are expected to have regular and substantial contact with chil-
 dren, of a health home or health home care management agency contracting
 with a health home as designated by the department of health and author-
 ized under section three hundred sixty-five-l of this  chapter  or  such
 employees  who  provide home and community based services under a demon-
 stration program pursuant to  section  eleven  hundred  fifteen  of  the
 federal  social  security  act  who  are  expected  to  have regular and
 substantial  contact  with  children;  peace  officer;  police  officer;
 district  attorney or assistant district attorney; investigator employed
 in the office of a district attorney; or other law enforcement official.
   § 2. This act shall take effect immediately.

co-Sponsors

2021-A7462A - Details

See Senate Version of this Bill:: S6635
Current Committee:: Assembly Rules
Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L; amd §404, N-PC L; add §110, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10737
2023-2024: S2709

2021-A7462A - Summary

2021-A7462A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 6635--A                                            A. 7462--A
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  HARCKHAM -- 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
 
 IN ASSEMBLY -- Introduced by M. of A. GALEF, SAYEGH  --  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 -- reported and referred to the Committee on Codes --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  social  services  law, in relation to including
   certain employees or volunteers of  youth  organizations  as  mandated
   reporters
 
   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 7 of part C of  chapter  57  of  the
 laws of 2018, 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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05434-02-2

 S. 6635--A                          2                         A. 7462--A
 
 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;  full or part-time compensated
 school employee required to hold a temporary coaching license or profes-
 sional coaching certificate; social services worker; employee of a publ-
 icly-funded emergency shelter for families with children; 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; EMPLOYEE, AGE EIGHTEEN OR OLDER,  OR  VOLUNTEER,  AGE
 EIGHTEEN OR OLDER AND WHO ANNUALLY VOLUNTEERS AT LEAST THREE DAYS, OF AN
 ORGANIZATION  WHOSE  PRIMARY  PURPOSE  IS TO INTERACT WITH YOUTH THROUGH
 ACTIVITIES, EVENTS OR OTHER ONE ON ONE OR GROUP GATHERINGS,  WHERE  SUCH
 ORGANIZATION  HAS OR SHOULD HAVE POLICIES WHICH REQUIRE SUCH EMPLOYEE OR
 VOLUNTEER TO REPORT EITHER TO THE ORGANIZATION OR TO A  LOCAL  AUTHORITY
 ABOUT  ANY  SUSPECTED CHILD MALTREATMENT OR CHILD ABUSE; 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 for chil-
 dren that is licensed, certified or operated by the office  of  children
 and  family  services;  or  any  other child care or foster care worker;
 mental health professional; substance abuse counselor; alcoholism  coun-
 selor;  all  persons  credentialed  by  the  office  of  alcoholism  and
 substance abuse services; employees, who are expected  to  have  regular
 and  substantial  contact with children, of a health home or health home
 care management agency contracting with a health home as  designated  by
 the  department  of  health  and  authorized under section three hundred
 sixty-five-l of this chapter or such  employees  who  provide  home  and
 community  based  services  under  a  demonstration  program pursuant to
 section eleven hundred fifteen of the federal social  security  act  who
 are  expected  to  have  regular  and substantial contact with children;
 peace officer; police officer; district attorney or  assistant  district
 attorney; investigator employed in the office of a district attorney; or
 other law enforcement official.
   § 2. This act shall take effect immediately.

co-Sponsors

2021-A7462B (ACTIVE) - Details

See Senate Version of this Bill:: S6635
Current Committee:: Assembly Rules
Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L; amd §404, N-PC L; add §110, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10737
2023-2024: S2709

2021-A7462B (ACTIVE) - Summary

2021-A7462B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 6635--B                                            A. 7462--B
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  HARCKHAM -- 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 --  committee  discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 IN  ASSEMBLY  --  Introduced  by M. of A. GALEF, SAYEGH -- 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 -- reported and referred to the Committee on  Codes  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- recommitted to the Committee on Codes
   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, the not-for-profit  corporation
   law  and the executive law, in relation to including certain employees
   or volunteers of youth organizations as mandated reporters
 
   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 7 of part C of chapter 57 of the
 laws of 2018, 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05434-03-2

 S. 6635--B                          2                         A. 7462--B
 
 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;  full  or  part-time  compensated
 school employee required to hold a temporary coaching license or profes-
 sional coaching certificate; social services worker; employee of a publ-
 icly-funded  emergency shelter for families with children; 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; EMPLOYEE OR VOLUNTEER OF A NOT-FOR-PROFIT ORGANIZA-
 TION WITH THE PRIMARY PURPOSE OF ENGAGING WITH YOUTH UNDER  THE  AGE  OF
 EIGHTEEN THROUGH ACTIVITIES, EVENTS, OR GATHERINGS, AS DESIGNATED BY THE
 COMMISSIONER  WHERE SUCH EMPLOYEE OR VOLUNTEER IS LIKELY TO HAVE REGULAR
 AND SUBSTANTIAL CONTACT WITH SUCH YOUTH; 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 for children that
 is licensed, certified or operated by the office of children and  family
 services;  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; employees, who are expected to have  regular  and  substantial
 contact  with  children, of a health home or health home care management
 agency contracting with a health home as designated by the department of
 health and authorized under section three hundred sixty-five-l  of  this
 chapter  or such employees who provide home and community based services
 under a demonstration program pursuant to section eleven hundred fifteen
 of the federal social security act who are expected to have regular  and
 substantial  contact  with  children;  peace  officer;  police  officer;
 district attorney or assistant district attorney; investigator  employed
 in the office of a district attorney; or other law enforcement official.
   §  2.  Section 404 of the not-for-profit corporation law is amended by
 adding a new paragraph (w) to read as follows:
   (W) EVERY CERTIFICATE OF INCORPORATION WHICH INCLUDES AS  THE  PRIMARY
 PURPOSE THE OPERATION OF A CORPORATION WHERE ITS EMPLOYEES OR VOLUNTEERS
 ARE  EXPECTED  TO  HAVE REGULAR AND SUBSTANTIAL CONTACT WITH YOUTH UNDER
 THE AGE OF EIGHTEEN THROUGH ACTIVITIES, EVENTS, OR GATHERINGS  AND  SUCH
 CORPORATION  HAS  BEEN  DESIGNATED  BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES, PURSUANT TO  SECTION  FOUR  HUNDRED  THIRTEEN  OF  THE  SOCIAL
 SERVICES  LAW,  SHALL HAVE ENDORSED THEREON OR ANNEXED THERETO NOTICE TO
 THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THE INCORPORATION.
   § 3. The executive law is amended by adding a new section 110 to  read
 as follows:
   §  110.  NOTICE  TO CERTAIN CORPORATIONS RELATED TO REPORTING REQUIRE-
 MENTS.  THE SECRETARY OF STATE, IN CONSULTATION WITH THE OFFICE OF CHIL-
 S. 6635--B                          3                         A. 7462--B
 
 DREN AND FAMILY SERVICES, SHALL PROVIDE NOTICE TO  ANY  ENTITY  INCORPO-
 RATED  PURSUANT  TO  ARTICLE  FOUR OF THE NOT-FOR-PROFIT CORPORATION LAW
 PRIOR TO THE EFFECTIVE DATE OF THIS SECTION WHO HAS  SINCE  BEEN  DESIG-
 NATED  BY THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO SECTION
 FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW. UPON SUCH NOTICE, SUCH
 NOT-FOR-PROFIT CORPORATION SHALL BE REQUIRED TO  MEET  THE  REQUIREMENTS
 CONTAINED IN SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Assembly Bill A7462B

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Sponsored By

GALEF

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Nader sayegh

2021-A7462 - Details

2021-A7462 - Summary

2021-A7462 - Bill Text download pdf

co-Sponsors

Nader sayegh

2021-A7462A - Details

2021-A7462A - Summary

2021-A7462A - Bill Text download pdf

co-Sponsors

Nader sayegh

David Weprin

2021-A7462B (ACTIVE) - Details

2021-A7462B (ACTIVE) - Summary

2021-A7462B (ACTIVE) - Bill Text download pdf

Comments