Senate Bill S5248

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 facilities

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to mental health and developmental disabilities
May 23, 2011	print number 5248a
May 23, 2011	amend and recommit to mental health and developmental disabilities
May 03, 2011	referred to mental health and developmental disabilities

Bill Amendments

Original

A (Active)

2011-S5248 - Details

See Assembly Version of this Bill:: A1556
Current Committee:: Senate Mental Health And Developmental Disabilities
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-S5248 - Summary

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

2011-S5248 - Sponsor Memo

                                BILL NUMBER:S5248

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to mandatory reporting 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

PURPOSE OR GENERAL IDEA OF BILL:
The bill will require that all
allegations of physical or sexual abuse of a child or adult with
developmental, mental or physical disabilities that have been
reported to any abuse hotline be forwarded on to the local law
enforcement, as well as the local district attorney's office.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The Mental Hygiene law is
amended to include two new sections, section 16.38 and 16.39 which
outlines the mandatory reporting of physical and sexual abuse of an
adult or a child or of a death which occurs in a suspicious, unusual,
untimely, or unexplained manner.

JUSTIFICATION:
Reporting allegations of physical abuse of children and
adults with developmental, mental or physical disabilities to law
enforcement is only mandatory when the abuse is considered a crime.
For this reason law enforcement is not celled in for every allegation
of abuse, and in some cases, when they are called in, it is not in
time. Abuse that does not qualify as a crime can still be emotionally
and physically damaging for an individual. Also, people living with
disabilities may be unable to effectively report the abuse they are
receiving. It is important to include law enforcement when abuse is
reported, so that they can work in conjunction with the Office of
Children and Family Services, as well, as the Office of People with
Developmental Disabilities, to guarantee that appropriate action are
taken.

Unusual, suspicious, untimely, or unexplained deaths of persons with
developmental, mental, or physical disability should also be reported
to local law enforcement.

This bill will ensure that the proper parties are informed when abuse
or unusual/suspicious death occurs so that the proper response and
actions ran be taken on the behalf of the physically and mentally
disabled.

PRIOR LEGISLATIVE HISTORY:

2009/10 - A.11211 to Mental Health

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.


EFFECTIVE DATE:
This act shall take effect on the
ninetieth day after it shall become law.

2011-S5248 - Bill Text download pdf

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

                                  5248

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

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.
                                                           LBD03967-04-1

S. 5248                             2

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.
  (D)  ALL  FACILITIES,  DAY  PROGRAMS,  GROUP HOMES AND OTHER PROVIDERS
OPERATED, LICENSED, FUNDED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT  OR
ANY OTHER PRIVATE FACILITY CARING FOR SUCH INDIVIDUALS SHALL COMPLY WITH
SUBDIVISIONS (B) AND (C) OF THIS SECTION.
S 16.39 MANDATORY REPORTING OF DEATH OCCURRING IN A SUSPICIOUS, UNUSUAL,
          UNTIMELY OR UNEXPLAINED MANNER.
  (A)  ANY  DEATH  OCCURRING IN A SUSPICIOUS, UNUSUAL, UNTIMELY OR UNEX-
PLAINED MANNER OF A PERSON WITH DEVELOPMENTAL, MENTAL OR PHYSICAL  DISA-
BILITIES RESIDING IN A FACILITY OPERATED, CERTIFIED, LICENSED, FUNDED OR
OTHERWISE  AUTHORIZED  BY  THE  DEPARTMENT OR ANY OTHER PRIVATE FACILITY
CARING FOR SUCH INDIVIDUALS SHALL BE IMMEDIATELY REPORTED TO  LOCAL  LAW
ENFORCEMENT AND THE LOCAL DISTRICT ATTORNEY'S OFFICE.
  (B)  ANY  DEATH  OCCURRING IN A SUSPICIOUS, UNUSUAL, UNTIMELY OR UNEX-
PLAINED MANNER OF A CHILD IN RESIDENTIAL CARE AS DEFINED IN  SUBDIVISION
ONE OF SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES LAW SHALL BE
REPORTED  TO LOCAL LAW ENFORCEMENT, THE LOCAL DISTRICT ATTORNEY'S OFFICE
AND THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT WITH-
IN THREE DAYS OF THE DATE OF SUCH DEATH.
  (C) ALL FACILITIES, DAY PROGRAMS,  GROUP  HOMES  AND  OTHER  PROVIDERS
OPERATED,  LICENSED, FUNDED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT OR
ANY OTHER PRIVATE FACILITY CARING FOR SUCH INDIVIDUALS SHALL COMPLY WITH
SUBDIVISIONS (A) AND (B) OF THIS SECTION.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

2011-S5248A (ACTIVE) - Details

See Assembly Version of this Bill:: A1556
Current Committee:: Senate Mental Health And Developmental Disabilities
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-S5248A (ACTIVE) - Summary

2011-S5248A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5248A

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to mandatory reporting 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

PURPOSE OR GENERAL IDEA OF BILL:
The bill will
require that all
allegations of physical or sexual abuse of a child or adult with
developmental, mental or physical disabilities that have been
reported to any abuse hotline be forwarded on to the local law
enforcement, as well as the local district attorney's office.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The Mental Hygiene law is
amended to include two new sections, section 16.38 and 16.39 which
outlines the mandatory reporting of physical and sexual abuse of an
adult or a child or of a death which occurs in a suspicious, unusual,
untimely, or unexplained manner.

JUSTIFICATION:
Reporting allegations of physical abuse of children and
adults with developmental, mental or physical disabilities to law
enforcement is only mandatory when the abuse is considered a crime.
For this reason law enforcement is not celled in for every allegation
of abuse, and in some cases, when they are called in, it is not in
time. Abuse that does not qualify as a crime can still be emotionally
and physically damaging for an individual. Also, people living with
disabilities may be unable to effectively report the abuse they are
receiving. It is important to include law enforcement when abuse is
reported, so that they can work in conjunction with the Office of
Children and Family Services, as well, as the Office of People with
Developmental Disabilities, to guarantee that appropriate action are
taken.

Unusual, suspicious, untimely, or unexplained deaths of persons with
developmental, mental, or physical disability should also be reported
to local law enforcement.

This bill will ensure that the proper parties are informed when abuse
or unusual/suspicious death occurs so that the proper response and
actions ran be taken on the behalf of the physically and mentally
disabled.

PRIOR LEGISLATIVE HISTORY:
2009/10 - A.11211 to Mental Health

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.


EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall become law.

2011-S5248A (ACTIVE) - Bill Text download pdf

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

                                 5248--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- 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.
                                                           LBD03967-06-1

S. 5248--A                          2

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.
  (D)  ALL  FACILITIES,  DAY  PROGRAMS,  GROUP HOMES AND OTHER PROVIDERS
OPERATED, LICENSED, FUNDED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT  OR
ANY OTHER PRIVATE FACILITY CARING FOR SUCH INDIVIDUALS SHALL COMPLY WITH
SUBDIVISIONS (B) AND (C) OF THIS SECTION.
S 16.39 MANDATORY REPORTING OF DEATH OCCURRING IN A SUSPICIOUS, UNUSUAL,
          UNTIMELY OR UNEXPLAINED MANNER.
  (A)  ANY  DEATH  OCCURRING IN A SUSPICIOUS, UNUSUAL, UNTIMELY OR UNEX-
PLAINED MANNER OF A PERSON WITH DEVELOPMENTAL, MENTAL OR PHYSICAL  DISA-
BILITIES RESIDING IN A FACILITY OPERATED, CERTIFIED, LICENSED, FUNDED OR
OTHERWISE  AUTHORIZED  BY  THE  DEPARTMENT OR ANY OTHER PRIVATE FACILITY
CARING FOR SUCH INDIVIDUALS SHALL BE IMMEDIATELY REPORTED TO  LOCAL  LAW
ENFORCEMENT AND THE LOCAL DISTRICT ATTORNEY'S OFFICE.
  (B)  ANY  DEATH  OCCURRING IN A SUSPICIOUS, UNUSUAL, UNTIMELY OR UNEX-
PLAINED MANNER OF A CHILD IN RESIDENTIAL CARE AS DEFINED IN  SUBDIVISION
ONE OF SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES LAW SHALL BE
IMMEDIATELY REPORTED TO LOCAL LAW ENFORCEMENT, THE LOCAL DISTRICT ATTOR-
NEY'S  OFFICE  AND  THE  STATEWIDE  CENTRAL  REGISTER OF CHILD ABUSE AND
MALTREATMENT.
  (C) ALL FACILITIES, DAY PROGRAMS,  GROUP  HOMES  AND  OTHER  PROVIDERS
OPERATED,  LICENSED, FUNDED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT OR
ANY OTHER PRIVATE FACILITY CARING FOR SUCH INDIVIDUALS SHALL COMPLY WITH
SUBDIVISIONS (A) AND (B) OF THIS SECTION.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S5248

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Actions

Bill Amendments

2011-S5248 - Details

2011-S5248 - Summary

2011-S5248 - Sponsor Memo

2011-S5248 - Bill Text download pdf

2011-S5248A (ACTIVE) - Details

2011-S5248A (ACTIVE) - Summary

2011-S5248A (ACTIVE) - Sponsor Memo

2011-S5248A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Roy J. McDonald

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Actions

Bill Amendments

2011-S5248 - Details

2011-S5248 - Summary

2011-S5248 - Sponsor Memo

2011-S5248 - Bill Text download pdf

2011-S5248A (ACTIVE) - Details

2011-S5248A (ACTIVE) - Summary

2011-S5248A (ACTIVE) - Sponsor Memo

2011-S5248A (ACTIVE) - Bill Text download pdf

Comments