S T A T E O F N E W Y O R K
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9285
I N A S S E M B L Y
February 11, 2016
___________
Introduced by M. of A. RICHARDSON -- read once and referred 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-
MENT, PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL, NOT LESS THAN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02782-01-5
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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:
2. Notwithstanding any other provision of law, the commissioner shall
prescribe regulations requiring that all persons applying[, on or after
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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
license an applicant shall meet the requirements prescribed in the arti-
cle for the particular profession and shall meet the requirements
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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.
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S 9. 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
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
A. 9285 6
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
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.