NY State Senate Bill 2017-S2427

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to children and families
Jan 13, 2017	referred to children and families

co-Sponsors

2017-S2427 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§413 & 488, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7951
2015-2016: S3977
2019-2020: S1488, S4154
2021-2022: S1486, S4678
2023-2024: S240, S5699

2017-S2427 (ACTIVE) - Summary

Relates 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.

2017-S2427 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2427

 TITLE OF BILL :  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

 PURPOSE :

To include among persons and officials required to report or cause to
be reported, employees, volunteers, and agents of any corporate entity
having a contractual agreement with a municipality as a homeless
shelter provider to be deemed a trained mandatory reporter.

 SUMMARY OF PROVISIONS :

Section one of the bill expands the listing of persons and officials
required to report or cause to be reported reasonable suspicion that
any child within their purview is being abused or maltreated.

Section two requires that the individuals delineated in Section one be
required to report or cause to be reported when there is reasonable
suspicion that a child under their purview in a professional or
official capacity is being subjected to abuse or maltreatment.

Section three amends subdivision 5-a of section 488 of the social
services law, as added by section 1 part B of chapter 501 of the laws
of 2012 to include employees, volunteers, and agents of any corporate
entity having an contractual agreement with a municipality as a
homeless shelter provider to be deemed a "human services
professional."

Section four amends subdivision 5-a of section 488 of the social
services law, as amended by chapter 205 of the laws of 2014 to include
employees, volunteers, and agents of any corporate entity having an
contractual agreement with a municipality as a homeless shelter
providers to be deemed a trained mandatory reporter.

Section five amends section 413 of the social services law that any
institution having an agreement with a municipality as a homeless
shelter provider will be required develop and maintain policies and
procedures regarding mandatory reporting of child abuse or neglect or
death; establish penalties for failure to report; assume
responsibility for the provision of services and procedures to
safeguard the life of a child; and establish a training program for
current and new employees with regard to these policies and
procedures.

 JUSTIFICATION :

Recently the incidents of abuse and/or maltreatment of children appear
to have increased dramatically and are ancillary to incidents of
domestic violence. One in every four women will experience domestic
violence in her lifetime and the children who witness these events
will attempt to intervene and eventually become the victims of child
abuse or detrimental neglect at a rate of 30%- 60%.

It is estimated that the majority of these incidents take place in the
privacy of a family's home, but when these incidents take place under
the aegis of municipal public programs, it is the responsibility of
the municipality to require efficient and caring oversight, and
trained providers to ensure a safe haven for defenseless children.

 LEGISLATIVE HISTORY :

2015-16: S.3977 - Referred to Children and Families
2014: S.7951 -  Referred to Rules

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately, on the same date and in the
same manner as section 2 of chapter 205 of the laws of 2014.

2017-S2427 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2427
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens.  PARKER,  AVELLA, DILAN, PERKINS -- 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 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06164-02-7

 S. 2427                             2
 
 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
 official;  OR  EMPLOYEES,  VOLUNTEERS, OR AGENTS OF ANY CORPORATE ENTITY
 HAVING AN AGREEMENT WITH A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER.
   § 2. 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.
   § 3. Section 413 of the social services law is amended by adding a new
 subdivision 5 to read as follows:
   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

 S. 2427                             3
 
 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.
   § 4. This act shall take effect immediately.

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Senate Bill S2427

Sponsored By

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

co-Sponsors

2017-S2427 (ACTIVE) - Details

2017-S2427 (ACTIVE) - Summary

2017-S2427 (ACTIVE) - Sponsor Memo

2017-S2427 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2427

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Sponsored By

Kevin S. Parker

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

co-Sponsors

Tony Avella

Martin Malavé Dilan

2017-S2427 (ACTIVE) - Details

2017-S2427 (ACTIVE) - Summary

2017-S2427 (ACTIVE) - Sponsor Memo

2017-S2427 (ACTIVE) - Bill Text download pdf

Comments