senate Bill S7212

2013-2014 Legislative Session

Directs persons required to report child abuse or maltreatment in their professional or official capacity to report parents who have been convicted of abusing a child or had their parental rights terminated

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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 20, 2014 committed to rules
Jun 02, 2014 advanced to third reading
May 29, 2014 2nd report cal.
May 28, 2014 1st report cal.1006
May 06, 2014 referred to children and families

Votes

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May 28, 2014 - Children and Families committee Vote

S7212
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Children and Families Committee Vote: May 28, 2014

aye wr (1)

S7212 - Bill Details

Current Committee:
Senate Rules
Law Section:
Social Services Law
Laws Affected:
Amd ยง413, Soc Serv L

S7212 - Bill Texts

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Directs persons required to report child abuse or maltreatment in their professional or official capacity to report parents who have been convicted of abusing a child or had their parental rights terminated and have given birth to or fathered another child.

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BILL NUMBER:S7212

TITLE OF BILL: An act to amend the social services law, in relation
to reports of suspected child abuse or maltreatment by certain
officials and persons

PURPOSE:

This bill will require mandated reporters to call the hotline when
they have a reasonable suspicion that a person who was a previous
child abuser or previously had their rights terminated, gives birth
to/fathers another child.

SUMMARY OF PROVISIONS:

Section 1. Amends paragraph (a) of subdivision 1 of section 413 of the
social services law to require that mandated reporters call the
hotline when a person that they reasonably suspect to have previously
been convicted of a crime related to physically or sexually abusing a
child, or that has reasonable cause to believe that a court has
previously terminated such parent's rights to a child for cause, has
since given birth to or fathered a child.

Section 2 is the enacting clause.

JUSTIFICATION:

When a parent has a child protective history so serious that they have
had a criminal conviction for sexually or physically abusing a child,
or have had their parental rights terminated, there is great concern
about them parenting a new child. Newborn babies are extremely
vulnerable. Should a parent's prior actions against an older child be
so egregious as to result in a criminal conviction-and/or lead to a
termination of their parental rights-the safety of a newborn should be
checked to prevent similar abuse from reoccurring.

Currently there is no requirement that the birth of a new child to
such a parent is required to be reported for investigation. This bill
makes the technical change needed to help keep newborns safe from
potential harm at the hands of a parent(s) with a history of abuse.
It requires mandated reporters to contact the state central registry
if they have reasonable cause to believe that a parent has had a
criminal history of child abuse or a prior termination of parental
rights and now has a new infant.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect on the same date and in the same manner as
section 12 of chapter 554 of the laws of 2013, takes effect.


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

                                  7212

                            I N  S E N A T E

                               May 6, 2014
                               ___________

Introduced  by  Sen.  FELDER -- 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  reports  of
  suspected child abuse or maltreatment by certain officials and persons

  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 554 of the laws of 2013, 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,  OR  WHEN  THEY  HAVE REASONABLE CAUSE TO
BELIEVE THAT A PARENT COMING BEFORE THEM IN THEIR PROFESSIONAL OR  OFFI-
CIAL  CAPACITY  HAS  BEEN  CONVICTED OF A CRIME RELATED TO PHYSICALLY OR
SEXUALLY ABUSING A CHILD AND SUCH PARENT HAS SUBSEQUENTLY GIVEN BIRTH TO
OR FATHERED A CHILD, OR HAS REASONABLE CAUSE TO BELIEVE THAT A COURT HAS
PREVIOUSLY TERMINATED SUCH PARENT'S RIGHTS TO A CHILD FOR ANY CAUSE  AND
SUCH  PARENT  HAS  SUBSEQUENTLY  GIVEN BIRTH TO OR FATHERED A CHILD: any
physician; registered physician assistant;  surgeon;  medical  examiner;
coroner;  dentist;  dental hygienist; osteopath; optometrist; chiroprac-
tor;  podiatrist;  resident;  intern;  psychologist;  registered  nurse;
social  worker;  emergency  medical  technician;  licensed creative arts
therapist; licensed  marriage  and  family  therapist;  licensed  mental
health  counselor;  licensed  psychoanalyst;  licensed behavior analyst;
certified behavior analyst assistant; hospital personnel engaged in  the
admission,  examination,  care  or  treatment  of  persons;  a Christian
Science practitioner; school official, which includes but is not limited

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14869-02-4

S. 7212                             2

to school  teacher,  school  guidance  counselor,  school  psychologist,
school social worker, school nurse, school administrator or other school
personnel  required  to  hold  a  teaching  or administrative license or
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; or any other child care or foster care worker;
mental  health professional; substance abuse counselor; alcoholism coun-
selor;  all  persons  credentialed  by  the  office  of  alcoholism  and
substance abuse services; peace officer; police officer; district attor-
ney  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 on the  same  date  and  in  the  same
manner as section 12 of chapter 554 of the laws of 2013 takes effect.

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