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

                                  2313

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of  A.  McENENY, KOON, EDDINGTON, GALEF, WEISENBERG,
  MARKEY -- Multi-Sponsored by -- M. of A.  ABBATE,  BING,  CHRISTENSEN,
  CLARK,   COOK,  CYMBROWITZ,  DelMONTE,  DIAZ,  DINOWITZ,  ENGLEBRIGHT,
  FARRELL, GIANARIS,  GLICK,  GOTTFRIED,  HOOPER,  HOYT,  JACOBS,  JOHN,
  LUPARDO,  MAGEE,  MAGNARELLI,  MAYERSOHN, MILLMAN, MORELLE, O'DONNELL,
  ORTIZ, PAULIN, PEOPLES, PERALTA, PERRY, PHEFFER,  N. RIVERA,  SCARBOR-
  OUGH,  TOWNS,  WRIGHT  --  read  once and referred to the Committee on
  Children and Families

AN ACT to amend the social  services  law  and  the  education  law,  in
  relation to the reporting of child abuse

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

  Section 1. Subdivision 1 of section 413 of the social services law, as
amended by chapter 366 of the laws of 2008 and paragraph  (a)  as  sepa-
rately amended by chapter 323 of the laws of 2008, is amended to read as
follows:
  1.  (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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00411-01-9
              

A. 2313                             2

hospital personnel engaged in the admission, examination, care or treat-
ment of persons; MEMBER OF THE CLERGY; 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  teaching  or  administrative  license  or  certificate;  social
services  worker;  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 counselor; alcohol-
ism counselor; all persons credentialed by the office of alcoholism  and
substance abuse services; peace officer; police officer; district attor-
ney  or assistant district attorney; investigator employed in the office
of a district attorney; or other law enforcement official.
  (b) Whenever such person is required to report under this title in his
or her capacity as a member of the staff of a medical or other public or
private institution, school, facility or agency, he or  she  shall  make
the  report  as required by this title and immediately notify the person
in charge of such institution, school, facility or agency, or his or her
designated agent. Such person in charge, or the designated agent of such
person, shall be responsible for all subsequent administration  necessi-
tated  by  the  report.  Any  report  shall  include the name, title and
contact information for every staff person of  the  institution  who  is
believed  to  have  direct  knowledge  of the allegations in the report.
Nothing in this section or title is intended to require  more  than  one
report from any such institution, school or agency.
  (c) A medical or other public or private institution, school, facility
or  agency shall not take any retaliatory personnel action, as such term
is defined in paragraph (e) of subdivision one of section seven  hundred
forty  of  the  labor  law,  against  an  employee because such employee
believes that he or she has reasonable cause to suspect that a child  is
an abused or maltreated child and that employee therefore makes a report
in  accordance  with  this title. No school, school official, child care
provider, foster care  provider,  residential  care  facility  provider,
hospital, medical institution provider or mental health facility provid-
er  shall  impose  any  conditions,  including  prior  approval or prior
notification, upon a member of  their  staff  specifically  required  to
report  under  this  title. At the time of the making of a report, or at
any time thereafter, such person or official may exercise the  right  to
request,  pursuant  to paragraph (A) of subdivision four of section four
hundred twenty-two of this title, the findings of an investigation  made
pursuant to this title or section 45.07 of the mental hygiene law.
  (d)  Social  services workers 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 is an abused or maltreated child where a  person
comes  before them in their professional or official capacity and states
from personal knowledge facts, conditions  or  circumstances  which,  if
correct, would render the child an abused or maltreated child.
  (E)  UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE, A
MEMBER OF THE CLERGY, OR OTHER MINISTER OF ANY RELIGION OR DULY  ACCRED-
ITED  CHRISTIAN  SCIENCE  PRACTITIONER,  SHALL NOT BE REQUIRED TO MAKE A
REPORT  AS  REQUIRED  BY  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IF  THE
CONFESSION  OR  CONFIDENCE  WAS MADE TO HIM OR HER IN HIS OR HER PROFES-
SIONAL CHARACTER AS SPIRITUAL ADVISOR.

A. 2313                             3

  (F) WHEN A MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT A
CHILD IS AN ABUSED  OR  MALTREATED  CHILD  BASED  UPON  ANY  INFORMATION
RECEIVED  OTHER THAN THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT TO
PARAGRAPH (E) OF THIS SUBDIVISION, THEN SUCH MEMBER OF THE CLERGY  SHALL
PROMPTLY  MAKE A REPORT AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION
NOTWITHSTANDING THE FACT THAT HE OR SHE MAY HAVE ALSO RECEIVED A  REPORT
OF  ABUSE OR MALTREATMENT THROUGH A CONFESSION OR CONFIDENCE MADE PURSU-
ANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
  (G) THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVISION SHALL  NOT  BE
DEEMED  TO  EXEMPT A MEMBER OF THE CLERGY FROM ANY OTHER REQUIREMENTS OF
LAW TO PREVENT THE PERPETRATOR FROM COMMITTING ADDITIONAL ACTS OF ABUSE.
  (H) FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "MEMBER OF THE CLER-
GY" SHALL HAVE THE SAME DEFINITION AS THE TERM "CLERGYMAN" AS SET  FORTH
IN  SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW AND SHALL ALSO INCLUDE
ANY PERSON RESPONSIBLE FOR SUPERVISING A MEMBER OF THE CLERGY OF A RELI-
GIOUS INSTITUTION OR RESPONSIBLE FOR THE ADMINISTRATION OF  A  RELIGIOUS
INSTITUTION.
  (I)  FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "RELIGIOUS INSTITU-
TION" SHALL MEAN A RELIGIOUS CORPORATION CREATED TO ENABLE  ITS  MEMBERS
TO  MEET  FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES OR A CONGRE-
GATION, SOCIETY, OR OTHER ASSEMBLAGE OF PERSONS WHO  ARE  ACCUSTOMED  TO
STATEDLY MEET FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES, WITHOUT
HAVING BEEN INCORPORATED FOR THAT PURPOSE, AS PROVIDED IN SECTION TWO OF
THE RELIGIOUS CORPORATIONS LAW.
  S  2.  Article 6 of the social services law is amended by adding a new
title 6-B to read as follows:
                                TITLE 6-B
                        REPORTS OF CHILD ABUSE TO
                             LAW ENFORCEMENT
SECTION 429-A. PERSONS  AND  OFFICIALS  REQUIRED  TO  REPORT  CASES   OF
                 SUSPECTED  CHILD  ABUSE  TO APPROPRIATE LAW ENFORCEMENT
                 AGENCY.
        429-B. PENALTIES FOR FAILURE TO REPORT.
        429-C. IMMUNITY FROM LIABILITY.
        429-D. REVIEW OF EXISTING RECORDS FOR ALLEGATIONS THAT  A  CHILD
                 IS AN ABUSED CHILD; DISTRICT ATTORNEY; PENALTY.
  S  429-A.  PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF SUSPECTED
CHILD ABUSE TO APPROPRIATE LAW ENFORCEMENT AGENCY. 1. (A) THE  FOLLOWING
PERSONS  AND  OFFICIALS  ARE  REQUIRED TO REPORT OR CAUSE A REPORT TO BE
MADE TO AN APPROPRIATE LAW ENFORCEMENT AGENCY WHEN THEY HAVE  REASONABLE
CAUSE TO SUSPECT IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY THAT A CHILD
IS  AN  ABUSED  CHILD:    ANY PHYSICIAN; REGISTERED PHYSICIAN ASSISTANT;
SURGEON; MEDICAL EXAMINER; CORONER; DENTIST;  DENTAL  HYGIENIST;  OSTEO-
PATH;  OPTOMETRIST; CHIROPRACTOR; PODIATRIST; RESIDENT; INTERN; PSYCHOL-
OGIST; REGISTERED NURSE; EMERGENCY MEDICAL TECHNICIAN; HOSPITAL  PERSON-
NEL ENGAGED IN THE ADMISSION, EXAMINATION, CARE OR TREATMENT OF PERSONS;
MEMBER OF THE CLERGY; A CHRISTIAN SCIENCE PRACTITIONER; SCHOOL OFFICIAL;
SOCIAL  SERVICES  WORKER;  DAY CARE CENTER WORKER; PROVIDER OF FAMILY OR
GROUP FAMILY DAY CARE; EMPLOYEE  OR  VOLUNTEER  IN  A  RESIDENTIAL  CARE
FACILITY  OR  ANY  OTHER CHILD CARE OR FOSTER CARE WORKER; MENTAL HEALTH
PROFESSIONAL; SUBSTANCE ABUSE  COUNSELOR;  ALCOHOLISM  COUNSELOR;  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.
  (B)  FOR  THE  PURPOSES  OF THIS SECTION THE TERM "ABUSED CHILD" SHALL
MEAN A CHILD UNDER THE AGE OF EIGHTEEN YEARS UPON WHOM A PERSON EIGHTEEN

A. 2313                             4

YEARS OF AGE OR MORE WHO IS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION
AND WHO IS NOT THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE  FOR  SUCH
CHILD'S CARE:
  (I)  INTENTIONALLY  OR  RECKLESSLY  INFLICTS  PHYSICAL INJURY, SERIOUS
PHYSICAL INJURY OR DEATH, OR
  (II) INTENTIONALLY OR RECKLESSLY ENGAGES IN CONDUCT  WHICH  CREATES  A
SUBSTANTIAL  RISK  OF  SUCH  PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR
DEATH, OR
  (III) COMMITS OR ATTEMPTS TO COMMIT  AGAINST  A  CHILD  THE  CRIME  OF
DISSEMINATING  INDECENT  MATERIALS  TO  MINORS  PURSUANT  TO ARTICLE TWO
HUNDRED THIRTY-FIVE OF THE PENAL LAW, OR
  (IV) ENGAGES IN ANY CONDUCT PROHIBITED BY ARTICLE ONE  HUNDRED  THIRTY
OR TWO HUNDRED SIXTY-THREE OF THE PENAL LAW.
  (C) FOR THE PURPOSES OF THIS SECTION THE TERM "LAW ENFORCEMENT AUTHOR-
ITIES"  SHALL  MEAN A MUNICIPAL POLICE DEPARTMENT, SHERIFF'S DEPARTMENT,
THE DIVISION OF STATE POLICE OR ANY OFFICER THEREOF OR A DISTRICT ATTOR-
NEY OR ASSISTANT DISTRICT ATTORNEY.  NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, LAW ENFORCEMENT AUTHORITIES SHALL NOT INCLUDE ANY CHILD  PROTEC-
TIVE SERVICE OR ANY SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN AS
SUCH  TERMS  ARE  DEFINED  IN  SECTION FOUR HUNDRED TWENTY-THREE OF THIS
ARTICLE.
  (D) FOR THE PURPOSES OF THIS SECTION THE TERM "MEMBER OF  THE  CLERGY"
SHALL  HAVE  THE SAME DEFINITION AS THE TERM "CLERGYMAN" AS SET FORTH IN
SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW AND SHALL ALSO INCLUDE ANY
PERSON RESPONSIBLE FOR SUPERVISING A MEMBER OF THE CLERGY OF A RELIGIOUS
INSTITUTION OR RESPONSIBLE FOR THE ADMINISTRATION OF A RELIGIOUS  INSTI-
TUTION.
  (E)  FOR THE PURPOSES OF THIS SECTION THE TERM "RELIGIOUS INSTITUTION"
SHALL MEAN A RELIGIOUS CORPORATION CREATED TO ENABLE ITS MEMBERS TO MEET
FOR DIVINE WORSHIP OR OTHER RELIGIOUS  OBSERVANCES  OR  A  CONGREGATION,
SOCIETY,  OR  OTHER ASSEMBLAGE OF PERSONS WHO ARE ACCUSTOMED TO STATEDLY
MEET FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES,  WITHOUT  HAVING
BEEN  INCORPORATED  FOR  THAT PURPOSE, AS PROVIDED IN SECTION TWO OF THE
RELIGIOUS CORPORATIONS LAW.
  2. (A) UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE,
A MEMBER OF THE CLERGY, OR  OTHER  MINISTER  OF  ANY  RELIGION  OR  DULY
ACCREDITED CHRISTIAN SCIENCE PRACTITIONER, SHALL NOT BE REQUIRED TO MAKE
A REPORT AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION
IF  THE  CONFESSION  OR  CONFIDENCE WAS MADE TO HIM OR HER IN HIS OR HER
PROFESSIONAL CHARACTER AS SPIRITUAL ADVISOR.
  (B) WHEN A MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT A
CHILD IS AN ABUSED CHILD BASED UPON ANY INFORMATION RECEIVED OTHER  THAN
THROUGH  A  CONFESSION  OR  CONFIDENCE MADE PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, THEN SUCH MEMBER OF THE CLERGY SHALL PROMPTLY  MAKE  A
REPORT  AS  REQUIRED BY PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION
NOTWITHSTANDING THE FACT THAT HE OR SHE MAY HAVE ALSO RECEIVED A  REPORT
OF  ABUSE  THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION.
  (C) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL  NOT  BE
DEEMED  TO  EXEMPT A MEMBER OF THE CLERGY FROM ANY OTHER REQUIREMENTS OF
LAW TO PREVENT THE PERPETRATOR FROM COMMITTING ADDITIONAL ACTS OF ABUSE.
  3. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE THE  REPORT  OF
INFORMATION  BY A PERSON REQUIRED TO REPORT HEREIN WHEN SUCH INFORMATION
IS OTHERWISE PRIVILEGED FROM DISCLOSURE BY LAW.
  4. ANY PERSON, INSTITUTION, SCHOOL,  FACILITY,  AGENCY,  ORGANIZATION,
PARTNERSHIP  OR  CORPORATION  WHICH  EMPLOYS  PERSONS MANDATED TO REPORT

A. 2313                             5

SUSPECTED INCIDENTS OF CHILD ABUSE  OR  MALTREATMENT  PURSUANT  TO  THIS
SECTION SHALL PROVIDE ALL SUCH CURRENT AND NEW EMPLOYEES WITH COURSEWORK
OR  TRAINING,  CONSISTENT WITH THAT DEVELOPED PURSUANT TO PARAGRAPH A OF
SUBDIVISION  THREE  OF SECTION SIXTY-FIVE HUNDRED SEVEN OF THE EDUCATION
LAW, EXPLAINING THE REPORTING REQUIREMENTS SET OUT IN THIS  SECTION  AND
IN   SECTIONS   FOUR   HUNDRED   TWENTY-NINE-B   THROUGH   FOUR  HUNDRED
TWENTY-NINE-D OF THIS TITLE. THE EMPLOYERS SHALL BE RESPONSIBLE FOR  THE
COSTS ASSOCIATED WITH SUCH COURSEWORK OR TRAINING.
  5.  ANY  STATE OR LOCAL GOVERNMENTAL AGENCY OR AUTHORIZED AGENCY WHICH
ISSUES A LICENSE, CERTIFICATE OR PERMIT TO AN INDIVIDUAL  TO  OPERATE  A
FAMILY  DAY  CARE  HOME OR GROUP FAMILY DAY CARE HOME SHALL PROVIDE EACH
PERSON CURRENTLY HOLDING OR  SEEKING  SUCH  A  LICENSE,  CERTIFICATE  OR
PERMIT  WITH  COURSEWORK  OR  TRAINING,  CONSISTENT  WITH THAT DEVELOPED
PURSUANT TO PARAGRAPH A  OF  SUBDIVISION  THREE  OF  SECTION  SIXTY-FIVE
HUNDRED  SEVEN  OF  THE EDUCATION LAW, EXPLAINING REPORTING REQUIREMENTS
SET OUT IN THIS SECTION  AND  IN  SECTIONS  FOUR  HUNDRED  TWENTY-NINE-B
THROUGH FOUR HUNDRED TWENTY-NINE-D OF THIS TITLE.
  S  429-B. PENALTIES FOR FAILURE TO REPORT.  1.  ANY PERSON REQUIRED BY
THIS TITLE TO REPORT A CASE OF SUSPECTED CHILD ABUSE WHO WILLFULLY FAILS
TO DO SO SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  2.  ANY PERSON REQUIRED BY THIS TITLE TO REPORT A  CASE  OF  SUSPECTED
CHILD  ABUSE WHO KNOWINGLY AND WILLFULLY FAILS TO DO SO SHALL BE CIVILLY
LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
  S 429-C. IMMUNITY FROM LIABILITY.   1. ANY PERSON WHO  IN  GOOD  FAITH
MAKES  A REPORT OF ALLEGATIONS OF CHILD ABUSE AS REQUIRED BY THIS TITLE,
INCLUDING THOSE WHO IN GOOD FAITH MAKE A REPORT TO THE WRONG  RECIPIENT,
SHALL HAVE IMMUNITY FROM CRIMINAL LIABILITY WHICH MIGHT OTHERWISE RESULT
BY REASON OF SUCH ACTIONS.
  2. ANY PERSON WHO REASONABLY AND IN GOOD FAITH MAKES A REPORT OF ALLE-
GATIONS  OF  CHILD  ABUSE AS REQUIRED BY THIS TITLE, SHALL HAVE IMMUNITY
FROM CIVIL LIABILITY WHICH MIGHT OTHERWISE  RESULT  BY  REASON  OF  SUCH
ACTIONS.
  S 429-D. REVIEW OF EXISTING RECORDS FOR ALLEGATIONS THAT A CHILD IS AN
ABUSED  CHILD; DISTRICT ATTORNEY; PENALTY. 1. WITHIN THREE MONTHS OF THE
EFFECTIVE DATE OF THIS SECTION, ALL MEMBERS OF THE CLERGY  SHALL:    (A)
REVIEW  ALL  INSTITUTIONAL  RECORDS  WITHIN  THEIR CONTROL AND ANY OTHER
INFORMATION THEY HAVE OBTAINED REGARDING ALLEGATIONS THAT A CHILD IS  AN
ABUSED  CHILD BY A MEMBER OF THE CLERGY WITHIN TWENTY YEARS PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION; (B) REVIEW WHETHER THEY ARE AWARE OF ANY
OTHER ALLEGATIONS THAT A CHILD IS AN ABUSED CHILD ALLEGED TO  HAVE  BEEN
ABUSED  BY A MEMBER OF THE CLERGY WHO REMAINS ACTIVELY IN THE SERVICE OF
A RELIGIOUS INSTITUTION, REGARDLESS OF THE DATE ON WHICH SUCH ALLEGATION
WAS MADE; AND WHERE SUCH INFORMATION OR RECORDS RAISE  REASONABLE  CAUSE
TO  SUSPECT  THAT  A CHILD IS AN ABUSED CHILD, REPORT SUCH ALLEGATION TO
THE DISTRICT ATTORNEY.   THIS SECTION SHALL  NOT  APPLY  TO  INFORMATION
OBTAINED  THROUGH CONFIDENTIAL COMMUNICATIONS WITH CLERGY AND PRIVILEGED
UNDER LAW AND NO REPORT NEED BE MADE OF ALLEGATIONS AGAINST  A  DECEASED
INDIVIDUAL.
  2.    THE WILLFUL FAILURE OF AN INDIVIDUAL DEFINED IN PARAGRAPH (A) OF
SUBDIVISION ONE OF SECTION FOUR HUNDRED TWENTY-NINE-A OF THIS  TITLE  TO
REVIEW EXISTING RECORDS AND INFORMATION AND REPORT ALLEGATIONS CONTAINED
THEREIN, AS PROVIDED BY THIS SECTION, SHALL BE A CLASS A MISDEMEANOR.
  S  3.  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. 2313                             6

  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, have
completed two hours of coursework or training regarding the  identifica-
tion  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 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 AND SECTIONS
FOUR HUNDRED TWENTY-NINE-A THROUGH FOUR  HUNDRED  TWENTY-NINE-D  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 developmental
disabilities and voluntary 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  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  satisfac-
tion,  that  there  would be no need because of the nature of his or her
practice for him or her to complete such training;
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.