S T A T E O F N E W Y O R K
________________________________________________________________________
5253
2015-2016 Regular Sessions
I N A S S E M B L Y
February 13, 2015
___________
Introduced by M. of A. WALKER -- read once and referred 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 to
include employees, volunteers, or agents of any corporate entity
having an agreement with a municipality as a homeless shelter provider
and the development of procedures related thereto
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 126 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: 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;
licensed behavior analyst; certified behavior analyst assistant; hospi-
tal 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 counse-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07006-01-5
A. 5253 2
lor, 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; employee or volun-
teer 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; alcoholism counselor; all persons creden-
tialed by the office of alcoholism and substance abuse services; peace
officer; police officer; district attorney or assistant district attor-
ney; investigator employed in the office of a district attorney; or
other law enforcement official; OR EMPLOYEES, VOLUNTEERS, OR AGENTS OF
ANY CORPORATE ENTITY HAVING AN AGREEMENT WITH A MUNICIPALITY AS A HOME-
LESS SHELTER PROVIDER.
S 2. 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: 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;
licensed behavior analyst; certified behavior analyst assistant; hospi-
tal 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 counse-
lor, 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 profes-
sional coaching certificate; social services worker; director of a chil-
dren'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; 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
A. 5253 3
official; OR EMPLOYEES, VOLUNTEERS, OR AGENTS OF ANY CORPORATE ENTITY
HAVING AN AGREEMENT WITH A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER.
S 3. Subdivision 5-a of section 488 of the social services law, as
amended by chapter 8 of the laws of 2014, is amended to read as follows:
5-a. "Human services professional" shall mean any: physician; regis-
tered physician assistant; surgeon; medical examiner; coroner; dentist;
dental hygienist; osteopath; optometrist; chiropractor; podiatrist;
resident; intern; psychologist; registered nurse; licensed practical
nurse; nurse practitioner; social worker; emergency medical technician;
licensed creative arts therapist; licensed marriage and family thera-
pist; licensed mental health counselor; licensed psychoanalyst; licensed
behavior analyst; certified behavior analyst assistant; licensed
speech/language pathologist or audiologist; licensed physical therapist;
licensed occupational therapist; hospital personnel engaged in the
admission, examination, care or treatment of persons; 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; social services worker; any other child care or foster care
worker; mental health professional; person 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;
EMPLOYEES, VOLUNTEERS AND AGENTS OF ANY CORPORATE AGENT HAVING AN AGREE-
MENT WITH A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER.
S 4. Subdivision 5-a of section 488 of the social services law, as
amended by chapter 205 of the laws of 2014, is amended to read as
follows:
5-a. "Human services professional" shall mean any: physician; regis-
tered physician assistant; surgeon; medical examiner; coroner; dentist;
dental hygienist; osteopath; optometrist; chiropractor; podiatrist;
resident; intern; psychologist; registered nurse; licensed practical
nurse; nurse practitioner; social worker; emergency medical technician;
licensed creative arts therapist; licensed marriage and family thera-
pist; licensed mental health counselor; licensed psychoanalyst; licensed
behavior analyst; certified behavior analyst assistant; licensed
speech/language pathologist or audiologist; licensed physical therapist;
licensed occupational therapist; hospital personnel engaged in the
admission, examination, care or treatment of persons; 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; any other child care or foster care worker;
mental health professional; person credentialed by the office of alco-
holism 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;
EMPLOYEES, VOLUNTEERS AND AGENTS OF ANY CORPORATE AGENT HAVING AN AGREE-
MENT WITH A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER.
S 5. Section 413 of the social services law is amended by adding a new
subdivision 5 to read as follows:
A. 5253 4
5. ANY PERSON, INSTITUTION OR CORPORATE AGENT HAVING AN AGREEMENT WITH
A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER WHICH EMPLOYS PERSONS WHO
ARE MANDATED TO REPORT SUSPECTED INCIDENTS OF CHILD ABUSE OR MALTREAT-
MENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL 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 MANDATORY REPORTING
OF CHILD ABUSE OR NEGLECT, REPORTING PROCEDURES AND OBLIGATIONS OF
PERSONS REQUIRED TO REPORT, PROVISIONS FOR TAKING A CHILD INTO PROTEC-
TIVE 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 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 SUBDIVISION.
S 6. This act shall take effect immediately; provided that the amend-
ments to paragraph (a) of subdivision 1 of section 413 of the social
services law made by section two of 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; further provided, that the amendments to subdivi-
sion 5-a of section 488 of the social services law made by section four
of this act shall take effect on the same date and in the same manner as
section 2 of chapter 205 of the laws of 2014 takes effect.