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Assembly Bill A5191

2013-2014 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

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2013-A5191 (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยงยง16.38 & 16.39, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11211
2011-2012: A1556

2013-A5191 (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.

2013-A5191 (ACTIVE) - Bill Text download pdf 

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

                                  5191

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2013
                               ___________

Introduced  by M. of A. ORTIZ, GUNTHER, WEPRIN, CAMARA, ROBERTS, WEISEN-
  BERG, HOOPER, GIBSON -- Multi-Sponsored by -- M. of A.  ARROYO,  COOK,
  CUSICK,  GALEF  --  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  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.
                                                           LBD07524-02-3

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