senate Bill S1404A

2013-2014 Legislative Session

Requires certain persons and officials, teachers, superintendents and certain professionals to complete training in reporting cases of suspected child abuse

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 28, 2014 print number 1404a
amend and recommit to children and families
Jan 08, 2014 referred to children and families
Jan 09, 2013 referred to children and families

Bill Amendments

Original
A (Active)
Original
A (Active)

S1404 - Bill Details

Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §413, Soc Serv L; amd §§3003, 3209-a, 3004, 3007, 6501, 6502 & 6507, add §6502-a, Ed L; amd §§214-a & 840, Exec L; amd §2805-n, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S635
2009-2010: S4644

S1404 - Bill Texts

view summary

Requires certain persons and officials required to report suspected child abuse and maltreatment to complete ongoing training; further all teachers, school superintendents and licensed professionals who are required to report cases of child abuse and maltreatment to complete training in the reporting of suspected cases of child abuse and maltreatment at least once every 2 years.

view sponsor memo
BILL NUMBER:S1404

TITLE OF BILL: An act to amend the social services law, in relation
to requiring persons and officials required to report suspected child
abuse or maltreatment to complete certain ongoing training; to amend
the education law, in relation to requiring school superintendents,
teachers and certain other licensed professionals to complete training
in the reporting of suspected cases of child abuse and maltreatment;
and to amend the executive law and the public health law, in relation
to child abuse prevention

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
require enhanced training for mandated reporters.

SUMMARY OF SPECIFIC PROVISIONS:

Section one would require all mandated reporters to complete two hours
of coursework or training regarding the identification and reporting
of child abuse and maltreatment, require certain mandated reporters
whose employment involves regular interaction with children to
complete two and one-half hours of coursework or training regarding
the identification of child abuse and maltreatment once every two
years and require that the Office of Children and Family Services must
approve and/or establish training which may be offered through various
means including internet and teleconferences.

Section two would require persons applying for a superintendent's
certificate to complete two and a half additional hours of coursework
or training at least once every two years on child abuse and
maltreatment.

Section three would require each school district to include within
existing training to mandated reporters information about the signs
and symptoms which may indicate child abuse or maltreatment.

Section four would require persons applying for a teacher's
certificate to complete two and a half additional hours of coursework
or training at least once every two years on child abuse and
maltreatment.

Section five would require persons seeking endorsement of a foreign
teachers certificate or diploma to complete two and a half additional
hours of coursework or training at least once every two years on child
abuse and maltreatment.

Section six and seven would require persons seeking endorsement of a
foreign teachers certificate or diploma to complete two and a half
additional hours of coursework or training at least once every two
years on child abuse and maltreatment.

Section eight would set forth the training requirements for those
licensed under the education law who are also mandated reporters,
including two hours prior to licensing and two and a half hour every
two years thereafter. It also allows the Department of Education to
develop a training curriculum regarding the identification and
reporting of child abuse and maltreatment which may be offered through


various means including internet and teleconferences, but provides
that such training curriculum shall be approved by the Office of
Children and Family Services and that, shall the Education Department
fail to establish a curriculum they shall use the OCFS curriculum.

Section nine would provides the same educational and continuing
education requirements for those professional specifically named in
section 6507 of the education law.

Section ten would require the superintendent of the Division of the
State Police to develop and provide training to all current and new
employees who are likely to come in contact with children regarding
the identification and investigation of child abuse and maltreatment
and any protocols regarding the investigation of suspected child abuse
and maltreatment jointly with local departments of social services;

Section eleven would require the Municipal Police Training Council,
under the auspice of the Division of Criminal Justice Services to
include within existing mandated reporter training information
regarding the identification and investigation of child abuse and
maltreatment and any protocols regarding the investigation of
suspected child abuse and maltreatment jointly with local departments
of social services;

Section twelve would require all hospitals to develop and provide
training to all current and new employees who regularly assess
injuries in children regarding the identification of child abuse and
maltreatment.

Section thirteen would provide for an effective date of 120 days after
enactment provided that appropriate regulations and rules have been
amended or repealed.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: This bill would
add § 413(1-a) to the Social Services Law, amends §3003(4), § 3209-a,
§3004(2), the closing paragraph of § 3007, § 6501, §6502, §6502-a,
§6507(3) of the Education Law, amends § 214-a and §840(1) (j) of the
Executive Law and amends §2805-n of the Public Health Law.

JUSTIFICATION: Reports made by mandated reporters, such as doctors
and teachers were being rejected because they did not satisfy the
requirements established by the state central registry. This bill
would require that certain mandated reporters, who are likely to
encounter children in the course of their professional duties receive
enhanced training on the identification of child abuse and the
requirements for reporting such abuse. The training would be provided
by entities that already provide mandated reporter training on the
process and requirements for reporting child abuse and maltreatment
including the Office of Children and Family Services, hospitals,
school districts, and state and local police.

PRIOR LEGISLATIVE HISTORY:
2010: Died in Committee
2011-2012: S.635 - Died in Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.


EFFECTIVE DATE: 120 days after enactment.

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

                                  1404

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- 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  requiring
  persons  and  officials  required  to  report suspected child abuse or
  maltreatment to complete certain ongoing training; to amend the educa-
  tion law, in relation to requiring  school  superintendents,  teachers
  and  certain  other licensed professionals to complete training in the
  reporting of suspected cases of child abuse and maltreatment;  and  to
  amend  the  executive  law  and  the public health law, in relation to
  child abuse prevention

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

  Section 1. Section 413 of the social services law is amended by adding
a new subdivision 1-a to read as follows:
  1-A.  (A)  EVERY PERSON AND OFFICIAL REQUIRED TO REPORT CHILD ABUSE OR
MALTREATMENT, PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL,  PRIOR
TO  ASSUMPTION  OF  THE POSITION WHICH REQUIRES SUCH REPORTING, COMPLETE
TWO HOURS OF COURSEWORK OR TRAINING  REGARDING  THE  IDENTIFICATION  AND
REPORTING  OF  CHILD  ABUSE AND MALTREATMENT; PROVIDED THAT EVERY PERSON
AND OFFICIAL HOLDING SUCH A POSITION ON OR BEFORE THE EFFECTIVE DATE  OF
THIS  PARAGRAPH  SHALL  COMPLETE  SUCH COURSEWORK OR TRAINING WITHIN ONE
YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (B) EVERY DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEY, POLICE OFFI-
CER, PEACE OFFICER, INVESTIGATOR EMPLOYED IN THE OFFICE OF THE  DISTRICT
ATTORNEY,  PEDIATRICIAN, PHYSICIAN WHO IS EMPLOYED IN AN EMERGENCY ROOM,
REGISTERED NURSE AND REGISTERED PHYSICIAN ASSISTANT WHO IS EMPLOYED BY A
PEDIATRICIAN OR IN AN EMERGENCY ROOM, TEACHER, CHILD CARE WORKER, FOSTER
CARE WORKER, MEDICAL  EXAMINER,  CORONER,  PREVENTIVE  SERVICES  WORKER,
CHILD   PROTECTIVE  SERVICES  WORKER,  SOCIAL  WORKER  WHOSE  EMPLOYMENT
INVOLVES REGULAR INTERACTION WITH CHILDREN, SUBSTANCE ABUSE AND ALCOHOL-
ISM COUNSELOR WHOSE EMPLOYMENT INVOLVES REGULAR INTERACTION  WITH  CHIL-
DREN,  AND  MENTAL HEALTH PROFESSIONAL WHOSE EMPLOYMENT INVOLVES REGULAR
INTERACTION WITH CHILDREN REQUIRED TO REPORT CHILD  ABUSE  OR  MALTREAT-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02722-01-3

S. 1404                             2

MENT,  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL, NOT LESS THAN
ONCE EVERY TWO YEARS, COMPLETE TWO AND ONE-HALF HOURS OF  COURSEWORK  OR
TRAINING  REGARDING  THE IDENTIFICATION AND REPORTING OF CHILD ABUSE AND
MALTREATMENT.    SUCH  CONTINUING  COURSEWORK  OR TRAINING SHALL, TO THE
GREATEST EXTENT POSSIBLE, INCLUDE ADVANCED TRAINING WHICH BUILDS ON  THE
INITIAL OR EARLIER COURSEWORK REQUIRED IN THIS SUBDIVISION.
  (C)  EXCEPT  AS OTHERWISE PROVIDED BY THE EDUCATION LAW, THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL APPROVE AND/OR ESTABLISH THE  COURSE-
WORK  AND TRAINING REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVI-
SION.  SUCH COURSEWORK AND TRAINING MAY BE DEVELOPED SO THAT IT  CAN  BE
OFFERED  THROUGH  VARIOUS  MEANS INCLUDING, BUT NOT LIMITED TO, INTERNET
BASED COURSES AND TELECONFERENCES.
  S 2. Subdivision 4 of section 3003 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:
  4. Notwithstanding any other provision of law, the commissioner  shall
require  that  any person applying[, on or after January first, nineteen
hundred ninety-one,] for a superintendent's certificate shall, in  addi-
tion  to all the other requirements, have completed two hours of course-
work or training regarding the identification  and  reporting  of  child
abuse  and  maltreatment, AND SHALL THEREAFTER COMPLETE TWO AND ONE-HALF
ADDITIONAL HOURS OF SUCH COURSEWORK OR  TRAINING  AT  LEAST  ONCE  EVERY
PERIOD  OF  TWO  YEARS.    SUCH COURSEWORK OR TRAINING SHALL BE PROVIDED
PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS CHAPTER AS  IF  THE
SUPERINTENDENT WAS AN APPLICANT FOR OR HOLDER OF A LICENSE TO PRACTICE A
PROFESSION  PURSUANT  TO TITLE EIGHT OF THIS CHAPTER.  The coursework or
training shall be obtained from an institution  or  provider  which  has
been  approved by the department to provide such coursework or training.
The coursework or training shall include information regarding the phys-
ical and behavioral indicators of child abuse and maltreatment  and  the
statutory  reporting requirements set out in sections four hundred thir-
teen through four hundred twenty of the social services  law,  including
but  not  limited  to,  when  and  how a report must be made, what other
actions the reporter is  mandated  or  authorized  to  take,  the  legal
protections  afforded  reporters,  and  the  consequences for failing to
report. Each applicant shall provide the department  with  documentation
showing that he or she has completed the required training.
  S  3.  Section 3209-a of the education law, as added by chapter 504 of
the laws of 1988, is amended to read as follows:
  S 3209-a. Child abuse prevention.  Each school district of  the  state
shall: (1) develop, maintain and disseminate written policies and proce-
dures  pursuant  to  title six of article six of the social services law
and applicable provisions of  article  ten  of  the  family  court  act,
regarding  the  mandatory reporting of child abuse or neglect, reporting
procedures and obligations of persons required to report, provisions for
taking a child into protective custody, mandatory reporting  of  deaths,
immunity from liability, penalties for failure to report and obligations
for  the provision of services and procedures necessary to safeguard the
life or health of the child; and (2)  establish,  and  implement  on  an
ongoing  basis,  a training program for all current and new school offi-
cials regarding the policies and procedures established pursuant to this
section AND THE SIGNS AND SYMPTOMS THAT SCHOOL OFFICIALS MAY  BE  LIKELY
TO ENCOUNTER WHICH MAY INDICATE THE PRESENCE OF CHILD ABUSE OR MALTREAT-
MENT.
  S 4. Subdivision 2 of section 3004 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:

S. 1404                             3

  2.  Notwithstanding any other provision of law, the commissioner shall
prescribe regulations requiring that all persons applying[, on or  after
January  first,  nineteen  hundred  ninety-one,]  for  a  certificate or
license to be a teacher shall, in addition  to  all  the  other  certif-
ication  or  licensure requirements, have completed two hours of course-
work or training regarding the identification  and  reporting  of  child
abuse  and  maltreatment, AND SHALL THEREAFTER COMPLETE TWO AND ONE-HALF
ADDITIONAL HOURS OF SUCH COURSEWORK OR  TRAINING  AT  LEAST  ONCE  EVERY
PERIOD  OF  TWO  YEARS.  SUCH  COURSEWORK  OR TRAINING SHALL BE PROVIDED
PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS CHAPTER AS  IF  THE
TEACHER  WAS  AN  APPLICANT  FOR  OR  HOLDER  OF A LICENSE TO PRACTICE A
PROFESSION PURSUANT TO TITLE EIGHT OF THIS CHAPTER.  The  coursework  or
training  shall  be  obtained  from an institution or provider which has
been approved by the department to provide such coursework or  training.
The coursework or training shall include information regarding the phys-
ical  and  behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred  thir-
teen  through  four hundred twenty of the social services law, including
but not limited to, when and how a  report  must  be  made,  what  other
actions  the  reporter  is  mandated  or  authorized  to take, the legal
protections afforded reporters, and  the  consequences  for  failing  to
report.  Each  applicant shall provide the department with documentation
showing that he or she has completed the required training.
  S 5. The closing paragraph of section 3007 of the  education  law,  as
amended  by  chapter  544  of  the  laws  of 1988, is amended to read as
follows:
  Such endorsement confers on the holder of such diploma or  certificate
the  privileges conferred by law on the holder of the diploma of a state
teachers college or state college  for  teachers  or  state  certificate
issued  in  this  state. Notwithstanding any other provision of law, the
commissioner shall require that any  person  seeking  endorsement  of  a
foreign  certificate  or  diploma[,  on or after January first, nineteen
hundred ninety-one,] shall have completed two  hours  of  coursework  or
training  regarding  the identification and reporting of child abuse and
maltreatment, AND SHALL THEREAFTER COMPLETE TWO AND ONE-HALF  ADDITIONAL
HOURS  OF  SUCH COURSEWORK OR TRAINING AT LEAST ONCE EVERY PERIOD OF TWO
YEARS. SUCH COURSEWORK OR TRAINING SHALL BE PROVIDED PURSUANT TO SECTION
SIXTY-FIVE HUNDRED TWO-A OF THIS CHAPTER AS IF THE TEACHER WAS AN APPLI-
CANT FOR OR HOLDER OF A LICENSE TO PRACTICE  A  PROFESSION  PURSUANT  TO
TITLE  EIGHT  OF  THIS  CHAPTER.  The  coursework  or  training shall be
obtained from an institution or provider which has been approved by  the
department  to  provide  such  [course work] COURSEWORK or training. The
coursework or training shall include information regarding the  physical
and behavioral indicators of child abuse and maltreatment and the statu-
tory  reporting  requirements  set out in sections four hundred thirteen
through four hundred twenty of the social services  law,  including  but
not  limited  to, when and how a report must be made, what other actions
the reporter is mandated or authorized to take,  the  legal  protections
afforded  reporters,  and  the  consequences for failing to report. Each
applicant shall provide the department with documentation  showing  that
he or she has completed the required training.
  S  6.  Section  6501 of the education law, as amended by chapter 81 of
the laws of 1995, is amended to read as follows:
  S 6501. Admission to a profession (licensing).  Admission to  practice
of  a profession in this state is accomplished by a license being issued
to a qualified applicant by the education department.  To qualify for  a

S. 1404                             4

license an applicant shall meet the requirements prescribed in the arti-
cle  for  the  particular  profession  and  shall  meet the requirements
prescribed in section 3-503 of the general obligations  law  AND,  WHERE
APPLICABLE, THE REQUIREMENTS OF SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS
SUBARTICLE.
  S 7. Subdivision 1 of section 6502 of the education law, as amended by
chapter 599 of the laws of 1996, is amended to read as follows:
  1.  A  license  shall  be  valid  during the life of the holder unless
revoked, annulled or suspended by the board of regents or in the case of
physicians, physicians practicing under a  limited  permit,  physician's
assistants,  specialist's assistants and medical residents, the licensee
is stricken from the roster of such licensees by the board of regents on
the order of the state board for professional  medical  conduct  in  the
department  of  health. A licensee must register with the department and
meet the requirements prescribed in section 3-503 of the  general  obli-
gations   law   AND,  WHERE  APPLICABLE,  THE  REQUIREMENTS  OF  SECTION
SIXTY-FIVE HUNDRED TWO-A OF THIS SUBARTICLE to practice in this state.
  S 8. The education law is amended by adding a new  section  6502-a  to
read as follows:
  S  6502-A. MANDATED REPORTING OF SUSPECTED CHILD ABUSE OR MALTREATMENT
TRAINING. 1. EACH APPLICANT FOR  A  LICENSE  TO  PRACTICE  A  PROFESSION
PURSUANT  TO  THIS TITLE, THE PRACTICE OF WHICH REQUIRES THE LICENSEE TO
REPORT SUSPECTED CASES OF  CHILD  ABUSE  AND  MALTREATMENT  PURSUANT  TO
SECTION  FOUR  HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL, PRIOR
TO BEING LICENSED TO PRACTICE SUCH PROFESSION,  COMPLETE  TWO  HOURS  OF
COURSEWORK  OR  TRAINING  REGARDING  THE IDENTIFICATION AND REPORTING OF
CHILD ABUSE AND  MALTREATMENT.  EVERY  PERSON  LICENSED  TO  PRACTICE  A
PROFESSION  PURSUANT  TO  THIS TITLE PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION, THE PRACTICE OF WHICH REQUIRES THE LICENSEE TO REPORT SUSPECTED
CASES OF CHILD ABUSE AND MALTREATMENT PURSUANT TO SECTION  FOUR  HUNDRED
THIRTEEN  OF  THE SOCIAL SERVICES LAW, SHALL COMPLETE SUCH COURSEWORK OR
TRAINING WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
  2. EACH PERSON REQUIRED TO COMPLETE COURSEWORK OR TRAINING PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, WHO IS EMPLOYED OR SERVES IN A POSITION
LISTED IN PARAGRAPH (B) OF SUBDIVISION ONE-A  OF  SECTION  FOUR  HUNDRED
THIRTEEN  OF THE SOCIAL SERVICES LAW, SHALL THEREAFTER COMPLETE AN ADDI-
TIONAL TWO AND ONE-HALF HOURS OF COURSEWORK OR  TRAINING  REGARDING  THE
IDENTIFICATION  AND  REPORTING  OF CHILD ABUSE AND MALTREATMENT AT LEAST
ONCE EVERY PERIOD OF TWO YEARS.  SUCH CONTINUING COURSEWORK OR  TRAINING
SHALL,  TO THE GREATEST EXTENT POSSIBLE, INCLUDE ADVANCED TRAINING WHICH
BUILDS ON THE INITIAL OR EARLIER COURSEWORK REQUIRED  IN  THIS  SUBDIVI-
SION.
  3.  THE  DEPARTMENT  MAY  DEVELOP  A TRAINING CURRICULUM REGARDING THE
IDENTIFICATION AND REPORTING OF CHILD ABUSE AND MALTREATMENT WHICH SHALL
BE USED TO PROVIDE THE COURSEWORK AND TRAINING REQUIRED BY THIS SECTION,
PROVIDED, HOWEVER, THAT IF THE DEPARTMENT SHALL FAIL TO DEVELOP  SUCH  A
TRAINING CURRICULUM, THEN THE REQUIRED CURRICULUM FOR THE COURSEWORK AND
TRAINING  REQUIRED  BY  THIS  SECTION  SHALL  BE THE TRAINING CURRICULUM
RELATING  THERETO  DEVELOPED  BY  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES. EVERY TRAINING CURRICULUM DEVELOPED BY THE DEPARTMENT PURSUANT
TO  THIS  SUBDIVISION  SHALL BE SUBJECT TO THE APPROVAL OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES.  THE DEPARTMENT SHALL REQUIRE EVERY INSTI-
TUTION AND PROVIDER OF COURSEWORK OR TRAINING PURSUANT TO  THIS  SECTION
TO  UTILIZE AN APPROVED CURRICULUM.  SUCH COURSEWORK AND TRAINING MAY BE
DEVELOPED SO THAT IT CAN BE OFFERED THROUGH VARIOUS MEANS INCLUDING, BUT
NOT LIMITED TO, INTERNET BASED COURSES AND TELECONFERENCES.

S. 1404                             5

  S 9. Paragraph a of subdivision 3 of section  6507  of  the  education
law,  as  amended by chapter 356 of the laws of 2006, is amended to read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing[,  on or after January first, nineteen hundred ninety-one,] initial-
ly, or for the renewal of, a license, registration or limited permit  to
be  a  physician,  chiropractor,  dentist, registered nurse, podiatrist,
optometrist, psychiatrist, psychologist, licensed master social  worker,
licensed  clinical  social  worker,  licensed  creative  arts therapist,
licensed marriage and family therapist, licensed mental  health  counse-
lor,  licensed psychoanalyst, [or] dental hygienist OR ANY OTHER PROFES-
SION WHICH IS REQUIRED TO REPORT CASES  OF  SUSPECTED  CHILD  ABUSE  AND
MALTREATMENT,  PURSUANT  TO  SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL
SERVICES LAW, shall, in addition to all  the  other  licensure,  certif-
ication  or  permit requirements, have completed two hours of coursework
or training regarding the identification and reporting  of  child  abuse
and maltreatment, AND IF THEY ARE LISTED IN PARAGRAPH (B) OF SUBDIVISION
ONE-A OF SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL
THEREAFTER COMPLETE TWO AND ONE-HALF ADDITIONAL HOURS OF SUCH COURSEWORK
OR  TRAINING  AT LEAST ONCE EVERY PERIOD OF TWO YEARS IN ACCORDANCE WITH
THE PROVISIONS OF SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS ARTICLE.  The
coursework or training shall be obtained from an institution or provider
which has been approved by the department to provide such coursework  or
training. The coursework or training shall include information regarding
the  physical  and behavioral indicators of child abuse and maltreatment
and the statutory  reporting  requirements  set  out  in  sections  four
hundred thirteen through four hundred twenty of the social services law,
including  but  not limited to, when and how a report must be made, what
other actions the reporter is mandated or authorized to take, the  legal
protections  afforded  reporters,  and  the  consequences for failing to
report. Such coursework or training may also include information regard-
ing the physical and behavioral indicators of the abuse  of  individuals
with  mental retardation and other developmental disabilities and volun-
tary reporting of abused or neglected adults to  the  office  of  mental
retardation and developmental disabilities or the local adult protective
services unit. Each applicant shall provide the department with documen-
tation  showing  that he or she has completed the required training. The
department shall provide an exemption from the child abuse and maltreat-
ment training  requirements  to  any  applicant  who  requests  such  an
exemption  and  who  shows, to the department's satisfaction, that there
would be no need because of the nature of his or her practice for him or
her to complete such training;
  S 10. Section 214-a of the executive law, as added by chapter  504  of
the laws of 1988, is amended to read as follows:
  S 214-a. Child  abuse  prevention.  The  superintendent shall, for all
members of the state police: (1) develop, maintain and disseminate writ-
ten policies and procedures pursuant to title six of article six of  the
social  services  law  and  applicable  provisions of article ten of the
family court act, regarding the mandatory reporting of  child  abuse  or
neglect,  reporting  procedures  and  obligations of persons required to
report, provisions for taking a child into protective custody, mandatory
reporting of deaths, immunity from liability, penalties for  failure  to
report  and  obligations  for  the  provision of services and procedures

S. 1404                             6

necessary to safeguard the life or health of the child; [and] (2) estab-
lish, and implement on an ongoing basis,  a  training  program  for  all
current  and  new employees regarding the policies and procedures estab-
lished  pursuant to this section; AND (3) ESTABLISH, AND IMPLEMENT ON AN
ONGOING BASIS, A TRAINING PROGRAM FOR ALL CURRENT AND NEW EMPLOYEES  WHO
ARE  LIKELY  TO  COME  INTO CONTACT WITH CHILDREN IN THE COURSE OF THEIR
PROFESSIONAL DUTIES, REGARDING THE IDENTIFICATION AND  INVESTIGATION  OF
CHILD  ABUSE  AND  MALTREATMENT  AND  ANY PROTOCOLS THAT EXIST REGARDING
INVESTIGATING SUSPECTED INCIDENTS OF CHILD ABUSE AND MALTREATMENT JOINT-
LY WITH LOCAL DEPARTMENTS OF SOCIAL SERVICES.
  S 11. Paragraph (j) of subdivision 1 of section 840 of  the  executive
law,  as  amended by chapter 617 of the laws of 1990, is amended to read
as follows:
  (j) (1) Development, maintenance and dissemination of written policies
and procedures pursuant to title  six  of  article  six  of  the  social
services  law  and  applicable  provisions  of article ten of the family
court act, regarding the mandatory reporting of child abuse or  neglect,
reporting  procedures  and  obligations  of  persons required to report,
provisions for taking a child into protective custody, mandatory report-
ing of deaths, immunity from liability, penalties for failure to  report
and  obligations  for the provision of services and procedures necessary
to safeguard the life or health of  the  child;  (2)  establishment  and
implementation  on  an  ongoing  basis,  of  a  training program for all
current and new police officers regarding the  policies  and  procedures
established pursuant to this paragraph AND THE IDENTIFICATION AND INVES-
TIGATION  OF  CHILD  ABUSE AND MALTREATMENT AND ANY PROTOCOLS THAT EXIST
REGARDING INVESTIGATING SUSPECTED INCIDENTS OF CHILD ABUSE AND MALTREAT-
MENT JOINTLY WITH LOCAL DEPARTMENTS OF SOCIAL SERVICES; and  (3)  estab-
lishment  of a training program for police officers whose main responsi-
bilities are juveniles and the laws pertaining thereto,  which  training
program shall be successfully completed before such officers are accred-
ited pursuant to section eight hundred forty-six-h of this chapter.
  S 12. Section 2805-n of the public health law, as added by chapter 504
of the laws of 1988, is amended to read as follows:
  S  2805-n.  Child abuse prevention.  All hospitals shall: (i) develop,
maintain and disseminate written policies  and  procedures  pursuant  to
title  six  of  article  six  of  the social services law and applicable
provisions of article ten of the family court act, regarding the  manda-
tory reporting of child abuse or neglect, reporting procedures and obli-
gations  of  persons  required  to report, provisions for taking a child
into protective custody, mandatory reporting of  deaths,  immunity  from
liability,  penalties  for  failure  to  report  and obligations for the
provision of services and procedures necessary to safeguard the life  or
health  of  the child; [and] (ii) establish, and implement on an ongoing
basis, a training program for all current and  new  employees  regarding
the  policies  and  procedures established pursuant to this section; AND
(III) ESTABLISH AND IMPLEMENT, ON AN ONGOING BASIS, A  TRAINING  PROGRAM
FOR ALL CURRENT AND NEW EMPLOYEES WHO REGULARLY ASSESS INJURIES IN CHIL-
DREN REGARDING THE IDENTIFICATION OF CHILD ABUSE AND MALTREATMENT.
  S  13.  This  act  shall  take effect on the one hundred twentieth day
after it shall have become a law, provided that the promulgation, amend-
ment and/or repeal of any rule or regulation necessary to implement  the
provisions  of this act on its effective date is authorized and directed
to be completed on or before such date.

S1404A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §413, Soc Serv L; amd §§3003, 3209-a, 3004, 3007, 6501, 6502 & 6507, add §6502-a, Ed L; amd §§214-a & 840, Exec L; amd §2805-n, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S635
2009-2010: S4644

S1404A (ACTIVE) - Bill Texts

view summary

Requires certain persons and officials required to report suspected child abuse and maltreatment to complete ongoing training; further all teachers, school superintendents and licensed professionals who are required to report cases of child abuse and maltreatment to complete training in the reporting of suspected cases of child abuse and maltreatment at least once every 2 years.

view sponsor memo
BILL NUMBER:S1404A

TITLE OF BILL: An act to amend the social services law, in relation
to requiring persons and officials required to report suspected child
abuse or maltreatment to complete certain ongoing training; to amend
the education law, in relation to requiring school superintendents,
teachers and certain other licensed professionals to complete training
in the reporting of suspected cases of child abuse and maltreatment;
and to amend the executive law and the public health law, in relation
to child abuse prevention

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
require enhanced raining for mandated reporters.

SUMMARY OF SPECIFIC PROVISIONS: Section one would require all
mandated reporters to complete two hours of coursework or training
regarding the identification and reporting child abuse and
maltreatment, require certain mandated reporters whose employment
involves regular interaction with children to complete two and
one-half hours of coursework or training regarding the identification
of child abuse and maltreatment once every two years and require that
the Office of Children and Family Services must approve and/or
establish training which may be offered through various means
including internet and teleconferences.

Section two would require persons applying for a superintendent's
certificate to complete two and a half additional hours of coursework
or training at least once every two years on child abuse and
maltreatment.

Section three would require each school district to include within
existing training to mandated reporters information about the signs
and symptoms which may indicate child abuse or maltreatment.

Section four would require persons applying for a teacher's
certificate to complete two and a half additional hours of coursework
or training at least once every two years on child abuse and
maltreatment.

Section five would require persons seeking endorsement of a foreign
teachers certificate or diploma to complete two and a half additional
hours of coursework or training at least once every two years on child
abuse end maltreatment.

Section six and seven would require persons seeking endorsement of a
foreign teachers certificate or diploma to complete two and a half
additional hours of coursework or training at least once every two
years on child abuse and maltreatment.

Section eight would set forth the training requirements for those
licensed under the education law who are also mandated reporters,
including two hours prior to licensing and two and a half hour every
two years thereafter. It also allows the Department of Education to
develop a training curriculum regarding the identification and
reporting of child abuse and maltreatment which may be offered through
various means including internet and teleconferences, but provides
that such training curriculum shall be approved by the Office of


Children and Family Services and that, shall the Education Department
fail to establish a curriculum they shall use the CCFS curriculum.

Section nine would provides the same educational and continuing
education requirements for those professional specifically named in
section 6507 of the education law.

Section ten would require the superintendent of the Division of the
State Police to develop and provide training to all current and new
employees who are likely to come in contact with children regarding
the identification and investigation of child abuse and maltreatment
and any protocols regarding the investigation of suspected child abuse
and maltreatment jointly with local departments of social services;

Section eleven would require the Municipal Police Training Council,
under the auspice of the Division of Criminal Justice Services to
include within existing mandated reporter training information
regarding the identification and investigation of child abuse and
maltreatment and any protocols regarding the investigation of
suspected child abuse and maltreatment jointly with local departments
of social services;

Section twelve would require all hospitals to develop and provide
training to all current and now employees who regularly assess
injuries in children regarding the identification of child abuse and
maltreatment.

Section thirteen would provide for an effective date of 120 days after
enactment provided that appropriate regulations and rules have been
amended or repealed.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: This bill would
add § 413(1-a) to the Social Services Law, amends §3003(4), § 3209-a,
§3004(2), the closing paragraph of § 1007, § 6501, § 6502, §6502-a,
6507(3) of the Education Law, amends § 214-a and §840(1) (j) of the
Executive Law and amends §2905-h of the Public health Law.

JUSTIFICATION: Reports made by mandated reporters, such as doctors and
teachers were being rejected because they did not satisfy the
requirements established by the state central registry. This bill
would require that certain mandated reporters, who are likely to
encounter children in the course of their professional duties receive
enhanced training, on the identification of child abuse and the
requirements for reporting such abuse. The training would be provided
by entities that already provide mandated reporter training on the
process and requirements for reporting child abuse and maltreatment
including the Office of Children and Family Services, hospitals,
school districts, and state and local police.

PRIOR LEGISLATIVE HISTORY: 2010: Died in Committee 2011-2012: S.635 -
Died in Committee 2013: Died in Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: 120 days after enactment.


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

                                 1404--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families
  -- recommitted to the Committee on Children and Families in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  social  services  law, in relation to requiring
  persons and officials required to  report  suspected  child  abuse  or
  maltreatment to complete certain ongoing training; to amend the educa-
  tion  law,  in  relation to requiring school superintendents, teachers
  and certain other licensed professionals to complete training  in  the
  reporting  of  suspected cases of child abuse and maltreatment; and to
  amend the executive law and the public  health  law,  in  relation  to
  child abuse prevention

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

  Section 1. Section 413 of the social services law is amended by adding
a new subdivision 1-a to read as follows:
  1-A. (A) EVERY PERSON AND OFFICIAL REQUIRED TO REPORT CHILD  ABUSE  OR
MALTREATMENT,  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL, PRIOR
TO ASSUMPTION OF THE POSITION WHICH REQUIRES  SUCH  REPORTING,  COMPLETE
TWO  HOURS  OF  COURSEWORK  OR TRAINING REGARDING THE IDENTIFICATION AND
REPORTING OF CHILD ABUSE AND MALTREATMENT; PROVIDED  THAT  EVERY  PERSON
AND  OFFICIAL HOLDING SUCH A POSITION ON OR BEFORE THE EFFECTIVE DATE OF
THIS PARAGRAPH SHALL COMPLETE SUCH COURSEWORK  OR  TRAINING  WITHIN  ONE
YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (B) EVERY DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEY, POLICE OFFI-
CER,  PEACE OFFICER, INVESTIGATOR EMPLOYED IN THE OFFICE OF THE DISTRICT
ATTORNEY, PEDIATRICIAN, PHYSICIAN WHO IS EMPLOYED IN AN EMERGENCY  ROOM,
REGISTERED NURSE AND REGISTERED PHYSICIAN ASSISTANT WHO IS EMPLOYED BY A
PEDIATRICIAN OR IN AN EMERGENCY ROOM, TEACHER, CHILD CARE WORKER, FOSTER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02722-04-4

S. 1404--A                          2

CARE  WORKER,  MEDICAL  EXAMINER,  CORONER,  PREVENTIVE SERVICES WORKER,
CHILD  PROTECTIVE  SERVICES  WORKER,  SOCIAL  WORKER  WHOSE   EMPLOYMENT
INVOLVES REGULAR INTERACTION WITH CHILDREN, SUBSTANCE ABUSE AND ALCOHOL-
ISM  COUNSELOR  WHOSE EMPLOYMENT INVOLVES REGULAR INTERACTION WITH CHIL-
DREN, AND MENTAL HEALTH PROFESSIONAL WHOSE EMPLOYMENT  INVOLVES  REGULAR
INTERACTION  WITH  CHILDREN  REQUIRED TO REPORT CHILD ABUSE OR MALTREAT-
MENT, PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL, NOT LESS  THAN
ONCE  EVERY  TWO YEARS, COMPLETE TWO AND ONE-HALF HOURS OF COURSEWORK OR
TRAINING REGARDING THE IDENTIFICATION AND REPORTING OF CHILD  ABUSE  AND
MALTREATMENT.    SUCH  CONTINUING  COURSEWORK  OR TRAINING SHALL, TO THE
GREATEST EXTENT POSSIBLE, INCLUDE ADVANCED TRAINING WHICH BUILDS ON  THE
INITIAL OR EARLIER COURSEWORK REQUIRED IN THIS SUBDIVISION.
  (C)  EXCEPT  AS OTHERWISE PROVIDED BY THE EDUCATION LAW, THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL APPROVE AND/OR ESTABLISH THE  COURSE-
WORK  AND TRAINING REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVI-
SION.  SUCH COURSEWORK AND TRAINING MAY BE DEVELOPED SO THAT IT  CAN  BE
OFFERED  THROUGH  VARIOUS  MEANS INCLUDING, BUT NOT LIMITED TO, INTERNET
BASED COURSES AND TELECONFERENCES.
  S 2. Subdivision 4 of section 3003 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:
  4. Notwithstanding any other provision of law, the commissioner  shall
require  that  any person applying[, on or after January first, nineteen
hundred ninety-one,] for a superintendent's certificate shall, in  addi-
tion  to all the other requirements, have completed two hours of course-
work or training regarding the identification  and  reporting  of  child
abuse  and  maltreatment, AND SHALL THEREAFTER COMPLETE TWO AND ONE-HALF
ADDITIONAL HOURS OF SUCH COURSEWORK OR  TRAINING  AT  LEAST  ONCE  EVERY
PERIOD  OF  TWO  YEARS.    SUCH COURSEWORK OR TRAINING SHALL BE PROVIDED
PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS CHAPTER AS  IF  THE
SUPERINTENDENT WAS AN APPLICANT FOR OR HOLDER OF A LICENSE TO PRACTICE A
PROFESSION  PURSUANT  TO TITLE EIGHT OF THIS CHAPTER.  The coursework or
training shall be obtained from an institution  or  provider  which  has
been  approved by the department to provide such coursework or training.
The coursework or training shall include information regarding the phys-
ical and behavioral indicators of child abuse and maltreatment  and  the
statutory  reporting requirements set out in sections four hundred thir-
teen through four hundred twenty of the social services  law,  including
but  not  limited  to,  when  and  how a report must be made, what other
actions the reporter is  mandated  or  authorized  to  take,  the  legal
protections  afforded  reporters,  and  the  consequences for failing to
report. Each applicant shall provide the department  with  documentation
showing that he or she has completed the required training.
  S  3.  Section 3209-a of the education law, as added by chapter 504 of
the laws of 1988, is amended to read as follows:
  S 3209-a. Child abuse prevention.  Each school district of  the  state
shall: (1) develop, maintain and disseminate written policies and proce-
dures  pursuant  to  title six of article six of the social services law
and applicable provisions of  article  ten  of  the  family  court  act,
regarding  the  mandatory reporting of child abuse or neglect, reporting
procedures and obligations of persons required to report, provisions for
taking a child into protective custody, mandatory reporting  of  deaths,
immunity from liability, penalties for failure to report and obligations
for  the provision of services and procedures necessary to safeguard the
life or health of the child; and (2)  establish,  and  implement  on  an
ongoing  basis,  a training program for all current and new school offi-
cials regarding the policies and procedures established pursuant to this

S. 1404--A                          3

section AND THE SIGNS AND SYMPTOMS THAT SCHOOL OFFICIALS MAY  BE  LIKELY
TO ENCOUNTER WHICH MAY INDICATE THE PRESENCE OF CHILD ABUSE OR MALTREAT-
MENT.
  S 4. Subdivision 2 of section 3004 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:
  2.  Notwithstanding any other provision of law, the commissioner shall
prescribe regulations requiring that all persons applying[, on or  after
January  first,  nineteen  hundred  ninety-one,]  for  a  certificate or
license to be a teacher shall, in addition  to  all  the  other  certif-
ication  or  licensure requirements, have completed two hours of course-
work or training regarding the identification  and  reporting  of  child
abuse  and  maltreatment, AND SHALL THEREAFTER COMPLETE TWO AND ONE-HALF
ADDITIONAL HOURS OF SUCH COURSEWORK OR  TRAINING  AT  LEAST  ONCE  EVERY
PERIOD  OF  TWO  YEARS.  SUCH  COURSEWORK  OR TRAINING SHALL BE PROVIDED
PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS CHAPTER AS  IF  THE
TEACHER  WAS  AN  APPLICANT  FOR  OR  HOLDER  OF A LICENSE TO PRACTICE A
PROFESSION PURSUANT TO TITLE EIGHT OF THIS CHAPTER.  The  coursework  or
training  shall  be  obtained  from an institution or provider which has
been approved by the department to provide such coursework or  training.
The coursework or training shall include information regarding the phys-
ical  and  behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred  thir-
teen  through  four hundred twenty of the social services law, including
but not limited to, when and how a  report  must  be  made,  what  other
actions  the  reporter  is  mandated  or  authorized  to take, the legal
protections afforded reporters, and  the  consequences  for  failing  to
report.  Each  applicant shall provide the department with documentation
showing that he or she has completed the required training.
  S 5. The closing paragraph of section 3007 of the  education  law,  as
amended  by  chapter  544  of  the  laws  of 1988, is amended to read as
follows:
  Such endorsement confers on the holder of such diploma or  certificate
the  privileges conferred by law on the holder of the diploma of a state
teachers college or state college  for  teachers  or  state  certificate
issued  in  this  state. Notwithstanding any other provision of law, the
commissioner shall require that any  person  seeking  endorsement  of  a
foreign  certificate  or  diploma[,  on or after January first, nineteen
hundred ninety-one,] shall have completed two  hours  of  coursework  or
training  regarding  the identification and reporting of child abuse and
maltreatment, AND SHALL THEREAFTER COMPLETE TWO AND ONE-HALF  ADDITIONAL
HOURS  OF  SUCH COURSEWORK OR TRAINING AT LEAST ONCE EVERY PERIOD OF TWO
YEARS. SUCH COURSEWORK OR TRAINING SHALL BE PROVIDED PURSUANT TO SECTION
SIXTY-FIVE HUNDRED TWO-A OF THIS CHAPTER AS IF THE TEACHER WAS AN APPLI-
CANT FOR OR HOLDER OF A LICENSE TO PRACTICE  A  PROFESSION  PURSUANT  TO
TITLE  EIGHT  OF  THIS  CHAPTER.  The  coursework  or  training shall be
obtained from an institution or provider which has been approved by  the
department  to  provide  such  [course work] COURSEWORK or training. The
coursework or training shall include information regarding the  physical
and behavioral indicators of child abuse and maltreatment and the statu-
tory  reporting  requirements  set out in sections four hundred thirteen
through four hundred twenty of the social services  law,  including  but
not  limited  to, when and how a report must be made, what other actions
the reporter is mandated or authorized to take,  the  legal  protections
afforded  reporters,  and  the  consequences for failing to report. Each
applicant shall provide the department with documentation  showing  that
he or she has completed the required training.

S. 1404--A                          4

  S  6.  Section  6501 of the education law, as amended by chapter 81 of
the laws of 1995, is amended to read as follows:
  S  6501. Admission to a profession (licensing).  Admission to practice
of a profession in this state is accomplished by a license being  issued
to  a qualified applicant by the education department.  To qualify for a
license an applicant shall meet the requirements prescribed in the arti-
cle for the  particular  profession  and  shall  meet  the  requirements
prescribed  in  section  3-503 of the general obligations law AND, WHERE
APPLICABLE, THE REQUIREMENTS OF SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS
SUBARTICLE.
  S 7. Subdivision 1 of section 6502 of the education law, as amended by
chapter 599 of the laws of 1996, is amended to read as follows:
  1. A license shall be valid during  the  life  of  the  holder  unless
revoked, annulled or suspended by the board of regents or in the case of
physicians,  physicians  practicing  under a limited permit, physician's
assistants, specialist's assistants and medical residents, the  licensee
is stricken from the roster of such licensees by the board of regents on
the  order  of  the  state board for professional medical conduct in the
department of health. A licensee must register with the  department  and
meet  the  requirements prescribed in section 3-503 of the general obli-
gations  law  AND,  WHERE  APPLICABLE,  THE  REQUIREMENTS   OF   SECTION
SIXTY-FIVE HUNDRED TWO-A OF THIS SUBARTICLE to practice in this state.
  S  8.  The  education law is amended by adding a new section 6502-a to
read as follows:
  S 6502-A. MANDATED REPORTING OF SUSPECTED CHILD ABUSE OR  MALTREATMENT
TRAINING.  1.  EACH  APPLICANT  FOR  A  LICENSE TO PRACTICE A PROFESSION
PURSUANT TO THIS TITLE, THE PRACTICE OF WHICH REQUIRES THE  LICENSEE  TO
REPORT  SUSPECTED  CASES  OF  CHILD  ABUSE  AND MALTREATMENT PURSUANT TO
SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW,  SHALL,  PRIOR
TO  BEING  LICENSED  TO  PRACTICE SUCH PROFESSION, COMPLETE TWO HOURS OF
COURSEWORK OR TRAINING REGARDING THE  IDENTIFICATION  AND  REPORTING  OF
CHILD  ABUSE  AND  MALTREATMENT.  EVERY  PERSON  LICENSED  TO PRACTICE A
PROFESSION PURSUANT TO THIS TITLE PRIOR TO THE EFFECTIVE  DATE  OF  THIS
SECTION, THE PRACTICE OF WHICH REQUIRES THE LICENSEE TO REPORT SUSPECTED
CASES  OF  CHILD ABUSE AND MALTREATMENT PURSUANT TO SECTION FOUR HUNDRED
THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL COMPLETE SUCH  COURSEWORK  OR
TRAINING WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
  2. EACH PERSON REQUIRED TO COMPLETE COURSEWORK OR TRAINING PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, WHO IS EMPLOYED OR SERVES IN A POSITION
LISTED  IN  PARAGRAPH  (B)  OF SUBDIVISION ONE-A OF SECTION FOUR HUNDRED
THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL THEREAFTER COMPLETE AN  ADDI-
TIONAL  TWO  AND  ONE-HALF HOURS OF COURSEWORK OR TRAINING REGARDING THE
IDENTIFICATION AND REPORTING OF CHILD ABUSE AND  MALTREATMENT  AT  LEAST
ONCE  EVERY PERIOD OF TWO YEARS.  SUCH CONTINUING COURSEWORK OR TRAINING
SHALL, TO THE GREATEST EXTENT POSSIBLE, INCLUDE ADVANCED TRAINING  WHICH
BUILDS  ON  THE  INITIAL OR EARLIER COURSEWORK REQUIRED IN THIS SUBDIVI-
SION.
  3. THE DEPARTMENT MAY DEVELOP  A  TRAINING  CURRICULUM  REGARDING  THE
IDENTIFICATION AND REPORTING OF CHILD ABUSE AND MALTREATMENT WHICH SHALL
BE USED TO PROVIDE THE COURSEWORK AND TRAINING REQUIRED BY THIS SECTION,
PROVIDED,  HOWEVER,  THAT IF THE DEPARTMENT SHALL FAIL TO DEVELOP SUCH A
TRAINING CURRICULUM, THEN THE REQUIRED CURRICULUM FOR THE COURSEWORK AND
TRAINING REQUIRED BY THIS  SECTION  SHALL  BE  THE  TRAINING  CURRICULUM
RELATING  THERETO  DEVELOPED  BY  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES. EVERY TRAINING CURRICULUM DEVELOPED BY THE DEPARTMENT PURSUANT
TO THIS SUBDIVISION SHALL BE SUBJECT TO THE APPROVAL OF  THE  OFFICE  OF

S. 1404--A                          5

CHILDREN AND FAMILY SERVICES.  THE DEPARTMENT SHALL REQUIRE EVERY INSTI-
TUTION  AND  PROVIDER OF COURSEWORK OR TRAINING PURSUANT TO THIS SECTION
TO UTILIZE AN APPROVED CURRICULUM.  SUCH COURSEWORK AND TRAINING MAY  BE
DEVELOPED SO THAT IT CAN BE OFFERED THROUGH VARIOUS MEANS INCLUDING, BUT
NOT LIMITED TO, INTERNET BASED COURSES AND TELECONFERENCES.
  S  9.  Paragraph  a  of subdivision 3 of section 6507 of the education
law, as amended by chapter 356 of the laws of 2006, is amended  to  read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing[,  on or after January first, nineteen hundred ninety-one,] initial-
ly, or for the renewal of, a license, registration or limited permit  to
be  a  physician,  chiropractor,  dentist, registered nurse, podiatrist,
optometrist, psychiatrist, psychologist, licensed master social  worker,
licensed  clinical  social  worker,  licensed  creative  arts therapist,
licensed marriage and family therapist, licensed mental  health  counse-
lor,  licensed psychoanalyst, [or] dental hygienist OR ANY OTHER PROFES-
SION WHICH IS REQUIRED TO REPORT CASES  OF  SUSPECTED  CHILD  ABUSE  AND
MALTREATMENT,  PURSUANT  TO  SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL
SERVICES LAW, shall, in addition to all  the  other  licensure,  certif-
ication  or  permit requirements, have completed two hours of coursework
or training regarding the identification and reporting  of  child  abuse
and maltreatment, AND IF THEY ARE LISTED IN PARAGRAPH (B) OF SUBDIVISION
ONE-A OF SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL
THEREAFTER COMPLETE TWO AND ONE-HALF ADDITIONAL HOURS OF SUCH COURSEWORK
OR  TRAINING  AT LEAST ONCE EVERY PERIOD OF TWO YEARS IN ACCORDANCE WITH
THE PROVISIONS OF SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS ARTICLE.  The
coursework or training shall be obtained from an institution or provider
which has been approved by the department to provide such coursework  or
training. The coursework or training shall include information regarding
the  physical  and behavioral indicators of child abuse and maltreatment
and the statutory  reporting  requirements  set  out  in  sections  four
hundred thirteen through four hundred twenty of the social services law,
including  but  not limited to, when and how a report must be made, what
other actions the reporter is mandated or authorized to take, the  legal
protections  afforded  reporters,  and  the  consequences for failing to
report. Such coursework or training may also include information regard-
ing the physical and behavioral indicators of the abuse  of  individuals
with  mental retardation and other developmental disabilities and volun-
tary reporting of abused or neglected adults to  the  office  of  mental
retardation and developmental disabilities or the local adult protective
services unit. Each applicant shall provide the department with documen-
tation  showing  that he or she has completed the required training. The
department shall provide an exemption from the child abuse and maltreat-
ment training  requirements  to  any  applicant  who  requests  such  an
exemption  and  who  shows, to the department's satisfaction, that there
would be no need because of the nature of his or her practice for him or
her to complete such training;
  S 9-a. Paragraph a of subdivision 3 of section 6507 of  the  education
law,  as  amended by chapter 554 of the laws of 2013, is amended to read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the

S. 1404--A                          6

commissioner shall establish standards requiring that all persons apply-
ing[, on or after January first, nineteen hundred ninety-one,]  initial-
ly,  or for the renewal of, a license, registration or limited permit to
be  a  physician,  chiropractor,  dentist, registered nurse, podiatrist,
optometrist, psychiatrist, psychologist, licensed master social  worker,
licensed  clinical  social  worker,  licensed  creative  arts therapist,
licensed marriage and family therapist, licensed mental  health  counse-
lor,   licensed   psychoanalyst,  dental  hygienist,  licensed  behavior
analyst, [or] certified behavior analyst assistant OR ANY OTHER  PROFES-
SION  WHICH  IS  REQUIRED  TO  REPORT CASES OF SUSPECTED CHILD ABUSE AND
MALTREATMENT, PURSUANT TO SECTION FOUR HUNDRED THIRTEEN  OF  THE  SOCIAL
SERVICES  LAW,  shall,  in  addition to all the other licensure, certif-
ication or permit requirements, have completed two hours  of  coursework
or  training  regarding  the identification and reporting of child abuse
and maltreatment AND IF THEY ARE LISTED IN PARAGRAPH (B) OF  SUBDIVISION
ONE-A OF SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL
THEREAFTER COMPLETE TWO AND ONE-HALF ADDITIONAL HOURS OF SUCH COURSEWORK
OR  TRAINING  AT LEAST ONCE EVERY PERIOD OF TWO YEARS IN ACCORDANCE WITH
THE PROVISIONS OF SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS ARTICLE.  The
coursework or training shall be obtained from an institution or provider
which has been approved by the department to provide such coursework  or
training. The coursework or training shall include information regarding
the  physical  and behavioral indicators of child abuse and maltreatment
and the statutory  reporting  requirements  set  out  in  sections  four
hundred thirteen through four hundred twenty of the social services law,
including  but  not limited to, when and how a report must be made, what
other actions the reporter is mandated or authorized to take, the  legal
protections  afforded  reporters,  and  the  consequences for failing to
report. Such coursework or training may also include information regard-
ing the physical and behavioral indicators of the abuse  of  individuals
with  [mental  retardation  and  other]  developmental  disabilities and
voluntary reporting of abused or neglected  adults  to  the  office  [of
mental  retardation  and]  FOR PEOPLE WITH developmental disabilities or
the local adult protective services unit. Each applicant  shall  provide
the  department  with documentation showing that he or she has completed
the required training. The department shall provide  an  exemption  from
the  child abuse and maltreatment training requirements to any applicant
who requests such an exemption and who shows, to the department's satis-
faction, that there would be no need because of the nature of his or her
practice for him or her to complete such training;
  S 10. Section 214-a of the executive law, as added by chapter  504  of
the laws of 1988, is amended to read as follows:
  S 214-a. Child  abuse  prevention.  The  superintendent shall, for all
members of the state police: (1) develop, maintain and disseminate writ-
ten policies and procedures pursuant to title six of article six of  the
social  services  law  and  applicable  provisions of article ten of the
family court act, regarding the mandatory reporting of  child  abuse  or
neglect,  reporting  procedures  and  obligations of persons required to
report, provisions for taking a child into protective custody, mandatory
reporting of deaths, immunity from liability, penalties for  failure  to
report  and  obligations  for  the  provision of services and procedures
necessary to safeguard the life or health of the child; [and] (2) estab-
lish, and implement on an ongoing basis,  a  training  program  for  all
current  and  new employees regarding the policies and procedures estab-
lished pursuant to this section; AND (3) ESTABLISH, AND IMPLEMENT ON  AN
ONGOING  BASIS, A TRAINING PROGRAM FOR ALL CURRENT AND NEW EMPLOYEES WHO

S. 1404--A                          7

ARE LIKELY TO COME INTO CONTACT WITH CHILDREN IN  THE  COURSE  OF  THEIR
PROFESSIONAL  DUTIES,  REGARDING THE IDENTIFICATION AND INVESTIGATION OF
CHILD ABUSE AND MALTREATMENT AND  ANY  PROTOCOLS  THAT  EXIST  REGARDING
INVESTIGATING SUSPECTED INCIDENTS OF CHILD ABUSE AND MALTREATMENT JOINT-
LY WITH LOCAL DEPARTMENTS OF SOCIAL SERVICES.
  S  11.  Paragraph (j) of subdivision 1 of section 840 of the executive
law, as amended by chapter 617 of the laws of 1990, is amended  to  read
as follows:
  (j) (1) Development, maintenance and dissemination of written policies
and  procedures  pursuant  to  title  six  of  article six of the social
services law and applicable provisions of  article  ten  of  the  family
court  act, regarding the mandatory reporting of child abuse or neglect,
reporting procedures and obligations  of  persons  required  to  report,
provisions for taking a child into protective custody, mandatory report-
ing  of deaths, immunity from liability, penalties for failure to report
and obligations for the provision of services and  procedures  necessary
to  safeguard  the  life  or  health of the child; (2) establishment and
implementation on an ongoing  basis,  of  a  training  program  for  all
current  and  new  police officers regarding the policies and procedures
established pursuant to this paragraph AND THE IDENTIFICATION AND INVES-
TIGATION OF CHILD ABUSE AND MALTREATMENT AND ANY  PROTOCOLS  THAT  EXIST
REGARDING INVESTIGATING SUSPECTED INCIDENTS OF CHILD ABUSE AND MALTREAT-
MENT  JOINTLY  WITH LOCAL DEPARTMENTS OF SOCIAL SERVICES; and (3) estab-
lishment of a training program for police officers whose main  responsi-
bilities  are  juveniles and the laws pertaining thereto, which training
program shall be successfully completed before such officers are accred-
ited pursuant to section eight hundred forty-six-h of this chapter.
  S 12. Section 2805-n of the public health law, as added by chapter 504
of the laws of 1988, is amended to read as follows:
  S 2805-n. Child abuse prevention.  All hospitals shall:  (i)  develop,
maintain  and  disseminate  written  policies and procedures pursuant to
title six of article six of  the  social  services  law  and  applicable
provisions  of article ten of the family court act, regarding the manda-
tory reporting of child abuse or neglect, reporting procedures and obli-
gations of persons required to report, provisions  for  taking  a  child
into  protective  custody,  mandatory reporting of deaths, immunity from
liability, penalties for failure  to  report  and  obligations  for  the
provision  of services and procedures necessary to safeguard the life or
health of the child; [and] (ii) establish, and implement on  an  ongoing
basis,  a  training  program for all current and new employees regarding
the policies and procedures established pursuant to  this  section;  AND
(III)  ESTABLISH  AND IMPLEMENT, ON AN ONGOING BASIS, A TRAINING PROGRAM
FOR ALL CURRENT AND NEW EMPLOYEES WHO REGULARLY ASSESS INJURIES IN CHIL-
DREN REGARDING THE IDENTIFICATION OF CHILD ABUSE AND MALTREATMENT.
  S 13. This act shall take effect on  the  one  hundred  twentieth  day
after it shall have become a law, provided that the promulgation, amend-
ment  and/or repeal of any rule or regulation necessary to implement the
provisions of this act on its effective date is authorized and  directed
to  be completed on or before such date, provided, however, that section
nine-a of this act shall take effect on the same date and  in  the  same
manner as chapter 554 of the laws of 2013 takes effect.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.