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Assembly Bill A11211

2009-2010 Legislative Session

Relates to mandatory reporting of allegations of physical or sexual abuse of a child with mental or physical disabilities

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Archive: Last Bill Status - In Assembly Committee

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2009-A11211 (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยง16.30, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1556
2013-2014: A5191

2009-A11211 (ACTIVE) - Summary

Relates to mandatory reporting of allegations of physical or sexual abuse of a child with mental or physical disabilities residing in a facility operated by the department of mental hygiene.

2009-A11211 (ACTIVE) - Bill Text download pdf 

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

                                  11211

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Mental Health

AN ACT to amend the mental hygiene law, in relation to mandatory report-
  ing of allegations of physical or sexual abuse of a child with  mental
  or physical disabilities

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

  Section 1. The mental hygiene law is amended by adding a  new  section
16.30 to read as follows:
S 16.30 MANDATORY REPORTING OF PHYSICAL OR SEXUAL ABUSE.
  (A)  ANY  AND  ALL ALLEGATIONS OF PHYSICAL OR SEXUAL ABUSE OF A PERSON
WITH MENTAL DISABILITIES RESIDING IN  A  FACILITY  OPERATED,  CERTIFIED,
LICENSED,  FUNDED  OR  OTHERWISE BY THE DEPARTMENT REPORTED TO ANY ABUSE
HOTLINE SHALL BE FORWARDED  TO  LOCAL  LAW  ENFORCEMENT  AND  THE  LOCAL
DISTRICT ATTORNEY'S OFFICE.
  (B)  ALL  MANDATORY  REPORTERS  AND  ANY OTHER INDIVIDUAL REPORTING AN
ALLEGATION OF PHYSICAL OR SEXUAL ABUSE OF A PERSON WITH MENTAL DISABILI-
TIES OR PHYSICAL DISABILITIES RESIDING IN A  FACILITY  OPERATED,  CERTI-
FIED,  LICENSED,  FUNDED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT SHALL
REPORT THE ALLEGATION TO LOCAL LAW ENFORCEMENT,  LOCAL  DISTRICT  ATTOR-
NEY'S  OFFICE,  CHILD  ABUSE  HOTLINE,  IF  APPLICABLE, ADULT PROTECTIVE
SERVICES, IF APPLICABLE, AND TO THE STATEWIDE CENTRAL REGISTER OF  CHILD
ABUSE AND MALTREATMENT.
  (C)(I)  ANY  ALLEGATION  OF  AN  ABUSED  CHILD  IN RESIDENTIAL CARE AS
DEFINED IN SUBDIVISION ONE OF  SECTION  FOUR  HUNDRED  TWELVE-A  OF  THE
SOCIAL SERVICES LAW TO ANY ABUSE HOTLINE, STATEWIDE, SHALL BE IMMEDIATE-
LY  FORWARDED TO LOCAL LAW ENFORCEMENT AND THE LOCAL DISTRICT ATTORNEY'S
OFFICE.
  (II) ANY ALLEGATION OF AN ABUSE TO A  YOUTH  RESIDING  IN  RESIDENTIAL
CARE  AS THE TERM IS DEFINED IN PARAGRAPH (A) OR (B) OF SUBDIVISION FOUR
OF SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES LAW TO ANY ABUSE
HOTLINE SHALL BE IMMEDIATELY FORWARDED TO LOCAL LAW  ENFORCEMENT,  LOCAL
DISTRICT  ATTORNEY'S  OFFICE AND THE STATEWIDE CENTRAL REGISTER OF CHILD
ABUSE AND MALTREATMENT.

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

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