Senate Bill S3935

2015-2016 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 Senate Committee Children And Families 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 06, 2016	referred to children and families
Feb 23, 2015	referred to children and families

2015-S3935 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L
Versions Introduced in 2013-2014 Legislative Session:: S7212

2015-S3935 (ACTIVE) - Summary

2015-S3935 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3935

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, as amended by chapter 554 of the laws of 2013,
summarized as follows: This section will be amended 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.

FISCAL IMPLICATIONS:

Undetermined

EFFECTIVE DATE:

This act shall take effect on the same date and in the same manner as
section 1 of chapter 205 of the laws of 2014 takes effect.

2015-S3935 (ACTIVE) - Bill Text download pdf

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

                                  3935

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 23, 2015
                               ___________

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 separately amended by chapters 126 and 205 of the  laws
of 2014, 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07687-01-5

S. 3935                             2

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
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;  full  or part-time compensated school employee required to
hold a temporary coaching 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
for  children  that  is licensed, certified or operated by the office of
children and family services; or any other child  care  or  foster  care
worker;  mental health professional; substance abuse counselor; alcohol-
ism counselor; 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 1 of chapter 205 of the laws of 2014 takes effect.

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Senate Bill S3935

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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2015-S3935 (ACTIVE) - Details

2015-S3935 (ACTIVE) - Summary

2015-S3935 (ACTIVE) - Sponsor Memo

2015-S3935 (ACTIVE) - Bill Text download pdf

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Sponsored By

Simcha Felder

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Actions

2015-S3935 (ACTIVE) - Details

2015-S3935 (ACTIVE) - Summary

2015-S3935 (ACTIVE) - Sponsor Memo

2015-S3935 (ACTIVE) - Bill Text download pdf

Comments