senate Bill S7350A

2011-2012 Legislative Session

Expands the persons responsible for reporting cases of suspected child abuse

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 04, 2012 amended on third reading 7350a
May 23, 2012 advanced to third reading
May 22, 2012 2nd report cal.
May 21, 2012 1st report cal.852
May 02, 2012 referred to children and families

Bill Amendments

Original
A (Active)
Original
A (Active)

S7350 - Bill Details

See Assembly Version of this Bill:
A8901A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §413, Soc Serv L

S7350 - Bill Texts

view summary

Expands the persons responsible for reporting cases of suspected child abuse.

view sponsor memo
BILL NUMBER:S7350

TITLE OF BILL:
An act to amend the social services law, in relation to expanding the
persons responsible for reporting cases of suspected child abuse

PURPOSE:
To require school athletic directors, school coaches, and school
assistant coaches to report cases of suspected child abuse.

SUMMARY OF PROVISIONS:
Section one amends paragraph (a) of subdivision 1 of section 413 of
the social services law to add school athletic directors, school
coaches, and school assistant coaches to the list of mandated
reporters.

Section two provides the effective date.

JUSTIFICATION:
School coaches and athletic directors are often in the position to
observe children for signs of abuse. Coaches develop close, trusting
relationships with their players, making it likely that a child would
confide in their coach.

The current law is ambiguous as to whether individuals in these
positions are mandated reporters. This legislation will clarify their
duty to report suspected abuse, and also protect them from civil
liability resulting from reports that are proven unfounded.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  7350

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law, in relation  to  expanding  the
  persons responsible for reporting cases of suspected child abuse

  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 chapter 91 of the laws of 2011,  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;
hospital personnel engaged in the admission, examination, care or treat-
ment of persons; 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 teach-
ing  or administrative license or certificate; SCHOOL ATHLETIC DIRECTOR,
SCHOOL COACH, SCHOOL ASSISTANT COACH; social services  worker;  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; day care center worker; school-age child care

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13715-03-2

S. 7350                             2

worker; provider of family or group family day care; employee or  volun-
teer  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 counse-
lor; alcoholism counselor; all persons credentialed  by  the  office  of
alcoholism  and substance abuse services; peace officer; police officer;
district attorney or assistant district attorney; investigator  employed
in the office of a district attorney; or other law enforcement official.
  S 2. This act shall take effect immediately.

S7350A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8901A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §413, Soc Serv L

S7350A (ACTIVE) - Bill Texts

view summary

Expands the persons responsible for reporting cases of suspected child abuse.

view sponsor memo
BILL NUMBER:S7350A

TITLE OF BILL:
An act
to amend the social services law, in relation to expanding the persons
responsible for reporting cases of suspected child abuse

PURPOSE:
To require school athletic directors, school coaches, and school
assistant coaches to report cases of suspected child abuse.

SUMMARY OF PROVISIONS:
Section one amends paragraph (a) of subdivision 1 of section 413 of
the social services law to add school athletic directors, school
coaches, and school assistant coaches to the list of mandated
reporters.

Section two provides the effective date.

JUSTIFICATION:
School coaches and athletic directors are often in the position to
observe children for signs of abuse. Coaches develop close, busting
relationships with their players, making it likely that a child would
confide in their coach.

The current law is ambiguous as to whether individuals in these
positions are mandated reporters. This legislation will clarify their
duty to report suspected abuse, and also protect them from civil
liability resulting from reports that are proven unfounded.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7350--A
    Cal. No. 852

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  to  amend the social services law, in relation to expanding the
  persons responsible for reporting cases of suspected child abuse

  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 chapter 91 of the laws of 2011, 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;
hospital personnel engaged in the admission, examination, care or treat-
ment  of  persons;  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 teach-
ing or administrative license or certificate; SCHOOL ATHLETIC  DIRECTOR;
SCHOOL  PERSONNEL  OR OTHER PERSON REQUIRED TO HOLD A TEMPORARY COACHING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13715-05-2

S. 7350--A                          2

LICENSE OR PROFESSIONAL COACHING CERTIFICATE;  social  services  worker;
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; 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 coun-
selor; alcoholism counselor; all persons credentialed by the  office  of
alcoholism  and substance abuse services; peace officer; police officer;
district attorney or assistant district attorney; investigator  employed
in the office of a district attorney; or other law enforcement official.
  S 2. This act shall take effect immediately.

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