Senate Bill S836

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    836
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- 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  requiring
   persons  and  officials  who are required to report cases of suspected
   child abuse or maltreatment to complete annual  training  relating  to
   identifying and reporting such abuse and maltreatment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature hereby  finds  that  in
 order  to  better  protect  the  state's most vulnerable population, the
 persons and officials who are required  to  report  cases  of  suspected
 child  abuse  or  maltreatment  would be better served to be required to
 take a free, annual electronically-provided, self-directed online train-
 ing course to refresh such persons and officials on the signs and  indi-
 cators of suspected child abuse or maltreatment.
   Accurate and timely reporting of child abuse or maltreatment is essen-
 tial to ensure cases are appropriately addressed and investigated by the
 appropriate  agencies.  Timely  and  thoroughly  investigated reports of
 child abuse or maltreatment are necessary in  order  to  prevent  future
 abuse or maltreatment while also holding accountable the parties respon-
 sible for such abuse or maltreatment and to remove children from danger-
 ous situations.
   By completing this type of training course annually, persons and offi-
 cials  who  are  required  to  report  cases of suspected child abuse or
 maltreatment will be able to stay current with all  of  the  information
 necessary  to  ensure that they are best able to identify signs of child
 abuse or maltreatment, as well as current reporting procedures  and  any
 potential changes in reporting requirements.
   §  2. The social services law is amended by adding a new section 413-a
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06230-01-7
              

 S. 836                              2
 
   § 413-A. MANDATORY  ANNUAL  CHILD  ABUSE  AND  MALTREATMENT  REPORTING
 TRAINING.  1.  THE  COMMISSIONER  OF  CHILDREN AND FAMILY SERVICES SHALL
 ESTABLISH A COURSE OF INSTRUCTION AND MAY APPROVE COURSES OF INSTRUCTION
 OFFERED BY THIRD PARTIES FOR PERSONS AND OFFICIALS  REQUIRED  TO  REPORT
 CASES OF SUSPECTED CHILD ABUSE AND MALTREATMENT PURSUANT TO SECTION FOUR
 HUNDRED THIRTEEN OF THIS TITLE. SUCH COURSES SHALL PROVIDE SUCH TRAINING
 ON  THE  IDENTIFICATION  AND  REPORTING  OF  CHILD ABUSE OR MALTREATMENT
 PURSUANT TO THIS TITLE AS SUCH COMMISSIONER SHALL DEEM TO BE  NECESSARY.
 EACH COURSE OF INSTRUCTION SHALL BE PROVIDED FREE OF CHARGE VIA LINKS ON
 THE  WEBSITE  OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES AND
 SHALL BE APPROXIMATELY TWO HOURS IN DURATION. FURTHERMORE,  THE  COMMIS-
 SIONER  OF  CHILDREN  AND  FAMILY SERVICES SHALL ESTABLISH A METHODOLOGY
 WHICH PROVIDES PROOF THAT A PERSON HAS COMPLETED SUCH COURSE OF INSTRUC-
 TION.
   2. EVERY PERSON AND OFFICIAL REQUIRED TO  REPORT  CASES  OF  SUSPECTED
 CHILD ABUSE OR MALTREATMENT PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF
 THIS  TITLE  SHALL  EACH  CALENDAR YEAR COMPLETE A COURSE OF INSTRUCTION
 ESTABLISHED OR APPROVED PURSUANT TO SUBDIVISION  ONE  OF  THIS  SECTION.
 UPON  EACH  COMPLETION  OF  SUCH  A COURSE, THE PERSON OR OFFICIAL SHALL
 PROVIDE PROOF OF COMPLETION TO THE EMPLOYER OF SUCH PERSON OR  OFFICIAL,
 UNLESS  THE  PERSON IS SELF-EMPLOYED, THEN HE OR SHE SHALL RETAIN A COPY
 OF SUCH PROOF.
   3. EVERY PERSON AND EMPLOYER RECEIVING A PROOF  OF  COURSE  COMPLETION
 PURSUANT TO THIS SECTION SHALL MAINTAIN A COPY THEREOF, IN EITHER PRINT-
 ED  OR  ELECTRONIC FORM, FOR A PERIOD OF FIVE YEARS, AND SHALL MAKE SUCH
 COPY AVAILABLE TO ANY EMPLOYEE OF THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  OR CHILD PROTECTIVE AGENCY, OR LAW ENFORCEMENT OFFICER ENGAGED
 IN THE INVESTIGATION OF SUSPECTED CHILD ABUSE OR MALTREATMENT.
   § 3. This act shall take effect immediately, except that  subdivisions
 2 and 3 of section 413-a of the social services law, as added by section
 two of this act, shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.