NY State Senate Bill 2017-S3742

Senate Bill S3742

2017-2018 Legislative Session

Requires certain persons and officials, teachers, superintendents and certain professionals to complete training in reporting cases of suspected child abuse

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to children and families
Jan 26, 2017	referred to children and families

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2017-S3742 (ACTIVE) - Details

See Assembly Version of this Bill:: A3673
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L; amd §§3003, 3209-a, 3004, 3007, 6501, 6502 & 6507, add §6502-a, Ed L; amd §§214-a & 840, Exec L; amd §2805-n, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4644
2011-2012: S635
2013-2014: S1404
2015-2016: S908, A9285
2019-2020: A1535
2021-2022: A3415
2023-2024: A3256

2017-S3742 (ACTIVE) - Summary

Requires certain persons and officials required to report suspected child abuse and maltreatment to complete ongoing training; further requires all teachers, school superintendents and licensed professionals who are required to report cases of child abuse and maltreatment to complete training in the reporting of suspected cases of child abuse and maltreatment at least once every 2 years.

2017-S3742 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3742

 TITLE OF BILL :  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 education 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

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to require enhanced raining for mandated
reporters.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one would require all mandated reporters to complete two hours
of coursework or training regarding the identification and reporting
child abuse and maltreatment, require certain mandated reporters whose
employment involves regular interaction with children to complete two
and one-half hours of course- work or training regarding the
identification of child abuse and maltreatment once every two years
and require that the Office of Children and Family Services must
approve and/or establish training which may be offered through various

means including internet and teleconferences.

Section two would require persons applying for a superintendent's
certificate to complete two and a half additional hours of coursework
or training at least once every two years on child abuse and
maltreatment.

Section three would require each school district to include within
existing training to mandated reporters information about the signs
and symptoms which may indicate child abuse or maltreatment.

Section four would require persons applying for a teacher's
certificate to complete two and a half additional hours of coursework
or training at least once every two years on child abuse and
maltreatment.

Section five would require persons seeking endorsement of a foreign
teachers certificate or diploma to complete two and a half additional
hours of coursework or training at least once every two years on child
abuse end maltreatment.

Section six and seven would require persons seeking endorsement of a
foreign teachers certificate or diploma to complete two and a half
additional hours of coursework or training at least once every two
years on child abuse and maltreatment.
http://leginfo.state.ny.us/asmsen/navigate.cgi?NVDTO:1/17/2017

Section eight would set forth the training requirements for those
licensed under the education law who are also mandated reporters,
including two hours prior to licensing and two and a half hour every
two years thereafter. It also allows the Department of Education to
develop a training curriculum regarding the identification and
reporting of child abuse and maltreatment which may be offered through
various means including internet and teleconferences, but provides
that such training curriculum shall be approved by the Office of
Children and Family Services and that, shall the Education Department
fail to establish a curriculum they shall use the CCFS curriculum.



Section nine would provides the same educational and continuing
education requirements for those professional specifically named in
section 6507 of the education law.

Section ten would require the superintendent of the Division of the
State Police to develop and provide training to all current and new
employees who are likely to come in contact with children regarding
the identification and investigation of child abuse and maltreatment
and any protocols regarding the investigation of suspected child abuse
and maltreatment jointly with local departments of social services;

Section eleven would require the Municipal Police Training Council,
under the auspice of the Division of Criminal Justice Services to
include within existing mandated reporter training information
regarding the identification and investigation of child abuse and
maltreatment and any protocols regarding the investigation of
suspected child abuse and maltreatment jointly with local departments
of social services;

Section twelve would require all hospitals to develop and provide
training to all current and now employees who regularly assess
injuries in children regarding the identification of child abuse and
maltreatment.

Section thirteen would provide for an effective date of 120 days after
enactment provided that appropriate regulations and rules have been
amended or repealed.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

This bill would add § 413(1-a) to the Social Services Law, amends §
3003(4), § 3209-a, § 3004(2), the closing paragraph of § 1007, § 6501,
§ 6502, § 6502-a, § 6507(3) of the Education Law, amends § 214-a and §
840(1) (j) of the Executive Law and amends § 2905-h of the Public
health Law.

 JUSTIFICATION :

Reports made by mandated reporters, such as doctors and teachers were
being rejected because they did not satisfy the requirements
established by the state central registry. This bill would require
that certain mandated reporters, who are likely to encounter children
in the course of their professional duties receive enhanced training,
on the identification of child abuse and the requirements for
reporting such abuse. The training would be provided by entities that
already provide mandated reporter training on the process and
requirements for reporting child abuse and maltreatment including the
Office of Children and Family Services, hospitals, school districts,
and state and local police.

 PRIOR LEGISLATIVE HISTORY :

2010: S.4644 - Referred to and died in the Senate Committee on
Children and Families
2012: S.635 - Referred to and died in the Senate Committee on Children
and Families
2013-2014: Referred to and died in the Senate Committee on Children
and Families

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
120 days after enactment.

2017-S3742 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3742
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2017
                                ___________
 
 Introduced  by Sens. MONTGOMERY, COMRIE -- read twice and ordered print-
   ed, and when printed to be committed 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07116-01-7

 S. 3742                             2
 
 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
 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.
   § 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.
   § 3. Section 3209-a of the education law, as added by chapter  504  of
 the laws of 1988, is amended to read as follows:
   § 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. 3742                             3
 
   § 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
 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.
   § 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.
   § 6. Subdivision 1 of section 6501 of the education law, as amended by
 chapter 299 of the laws of 2016, is amended to read as follows:

 S. 3742                             4
 
   1. 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 article for the particular profession and
 shall  meet  the requirements 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.
   § 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.
   § 8. The education law is amended by adding a new  section  6502-a  to
 read as follows:
   §  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

 S. 3742                             5
 
 DEVELOPED SO THAT IT CAN BE OFFERED THROUGH VARIOUS MEANS INCLUDING, BUT
 NOT LIMITED TO, INTERNET BASED COURSES AND TELECONFERENCES.
   §  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;
   § 10. Section 214-a of the executive law, as added by chapter  504  of
 the laws of 1988, is amended to read as follows:
   § 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

 S. 3742                             6
 
 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) 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.
   § 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.
   § 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:
   §  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.
   §  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

 S. 3742                             7
 
 to be completed on or before such date provided, further, that if  chap-
 ter  299  of  the  laws of 2016 shall not have taken effect on or before
 such date then section six of this act shall take  effect  on  the  same
 date  and  in  the same manner as such chapter of the laws of 2016 takes
 effect.

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Senate Bill S3742

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Sponsored By

Velmanette Montgomery