Assembly Bill A1556

2011-2012 Legislative Session

Relates to mandatory reporting of allegations of physical or sexual abuse of a child or adult with mental or physical disabilities or death occurring in an unexplained manner

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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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Bill Amendments

2011-A1556 - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Add §§16.38 & 16.39, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11211
2013-2014: A5191

2011-A1556 - Summary

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

2011-A1556 - Bill Text download pdf 

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

                                  1556

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2011
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03967-01-1

co-Sponsors

multi-Sponsors

2011-A1556A (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Add §§16.38 & 16.39, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11211
2013-2014: A5191

2011-A1556A (ACTIVE) - Summary

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

2011-A1556A (ACTIVE) - Bill Text download pdf 

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

                                 1556--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2011
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Mental  Health  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the mental hygiene law, in relation to mandatory report-
  ing  of  allegations  of  physical or sexual abuse of a child or adult
  with developmental, mental  or  physical  disabilities  and  of  death
  occurring in a suspicious, unusual, untimely or unexplained manner

  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  two  new
sections 16.38 and 16.39 to read as follows:
S 16.38 MANDATORY REPORTING OF PHYSICAL OR SEXUAL ABUSE.
  (A)  ANY  AND  ALL ALLEGATIONS OF PHYSICAL OR SEXUAL ABUSE OF A PERSON
WITH DEVELOPMENTAL, MENTAL OR PHYSICAL DISABILITIES RESIDING IN A FACIL-
ITY OPERATED, CERTIFIED, LICENSED, FUNDED OR OTHERWISE AUTHORIZED BY THE
DEPARTMENT OR ANY OTHER PRIVATE FACILITY  CARING  FOR  SUCH  INDIVIDUALS
REPORTED  TO  ANY  ABUSE HOTLINE SHALL BE IMMEDIATELY FORWARDED TO LOCAL
LAW ENFORCEMENT AND THE LOCAL DISTRICT ATTORNEY'S OFFICE.
  (B) ALL MANDATORY REPORTERS,  SUPERVISORS  AND  ANY  OTHER  INDIVIDUAL
RECEIVING  A  COMPLAINT OR REPORTING AN ALLEGATION OF PHYSICAL OR SEXUAL
ABUSE OF A PERSON WITH DEVELOPMENTAL, MENTAL  OR  PHYSICAL  DISABILITIES
RESIDING  IN  A FACILITY OPERATED, CERTIFIED, LICENSED, FUNDED OR OTHER-
WISE AUTHORIZED BY THE DEPARTMENT OR ANY OTHER PRIVATE  FACILITY  CARING
FOR  SUCH  INDIVIDUALS  SHALL IMMEDIATELY REPORT THE ALLEGATION TO LOCAL
LAW ENFORCEMENT, LOCAL DISTRICT ATTORNEY'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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03967-03-1

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