NY State Senate Bill 2017-S4462A

Archive: Last Bill Status - In Senate Committee Rules 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Feb 27, 2018	amended on third reading 4462a
Feb 06, 2018	advanced to third reading
Feb 05, 2018	2nd report cal.
Jan 30, 2018	1st report cal.340
Jan 03, 2018	referred to children and families
Jun 06, 2017	reported and committed to rules
Feb 15, 2017	referred to children and families

Votes

- Jan 30, 2018 - Children And Families Committee Vote
  S4462A
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Jan 30, 2018
      
      aye (6)
      
      Avella
      
      Bonacic
      
      Helming
      
      Persaud
      
      Savino
      
      Serino
      
      excused (1)
      
      Montgomery
  Jun 6, 2017 - Children And Families Committee Vote
  S4462A
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Jun 6, 2017
      
      aye (6)
      
      Avella
      
      Bonacic
      
      Helming
      
      Montgomery
      
      Persaud
      
      Savino
      
      excused (1)
      
      Serino

Bill Amendments

Original

A (Active)

2017-S4462 - Details

See Assembly Version of this Bill:: A5850
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L; amd §1392, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6330
2015-2016: A7540
2019-2020: S1840, A923
2021-2022: S521, A3338
2023-2024: S284, A2211

2017-S4462 - Summary

Relates to mandatory reporting of suspected child abuse or maltreatment at summer day camps; includes college coaches, athletic directors, professors, graduate assistants and college presidents among those required to report such suspected abuse or maltreatment.

2017-S4462 - Sponsor Memo

                                 BILL NUMBER:  S4462

 TITLE OF BILL :  An act to amend the social services law and the
public health law, in relation to mandatory reporting of suspected
child abuse or maltreatment by certain persons

 PURPOSE :

Increases the number of professionals and individuals who are
considered by the state to be mandatory reporters of child abuse or
maltreatment.

 SUMMARY OF PROVISIONS :

Section 1: Amends section 413 of social service law to include college
coaches, athletic directors, professors, graduate assistants, college
administrators and college presidents and paid staff members of
children's camps, summer day camps and travel camps to the list of
mandatory reporters of child abuse and maltreatment.

Section 2: amends section 1392 of the public health law to include any
indoor or outdoor activities involving one or more non-passive
recreational activities or educational programs or activities.

 JUSTIFICATION :

The reports of alleged child abuse by Penn State's assistant football
coach and seeming indifference and inaction from the school's
administration are horrifying. Given that many colleges and
universities offer athletic and academic programs to children, we need
to make sure that a situation like what occurred at Penn State does
not happen in New York. The message of this bill is clear: if you're a
college coach or college professional and you see or receive a report
of child abuse, it is your responsibility and obligation to report it
to law enforcement immediately. Children and parents need to know that
they will be protected and reports of abuse will be investigated and
not brushed aside.

While it is unimaginable that this legislation is necessary, the
alleged actions of a deviant sexual predator and those who did little
to stop him opens our eyes to how necessary mandatory reporting of
child abuse is, especially in immensely powerful organizations.
Similar to the actions of the Penn State officials, if you witness
child abuse and do not feel compelled to alert authorities you might
fail a moral test, but as the law is currently written in New York
State you may not be held accountable legally. There is no doubt that
we must expand the child abuse reporting requirement as soon as
possible.

Current law does not specify that faculty of colleges and universities
are mandated reporters. This bill would establish that those involved
in higher education and the possibility of coming in contact with
children, should be considered mandatory reporters and adhere to the
responsibilities of mandatory reporters as it is stated in law.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
On the 120th day after becoming law, with provisions.

2017-S4462 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4462
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2017
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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 and the public  health  law,  in
   relation  to mandatory reporting of suspected child abuse or maltreat-
   ment by certain persons

   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
 includes but is not limited to COLLEGE COACH, ATHLETIC DIRECTOR, PROFES-
 SOR,  GRADUATE  ASSISTANT,  COLLEGE  ADMINISTRATOR,  COLLEGE  PRESIDENT,
 school  teacher,  school guidance counselor, school psychologist, school
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06489-01-7

 S. 4462                             2
 
 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; director OR ANY PAID STAFF  MEMBER  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,  SUCH  PAID STAFF MEMBERS SHALL INCLUDE, BUT NOT BE
 LIMITED TO, ANY INDIVIDUALS  WHO  MAY  INTERACT  WITH  CHILDREN  THROUGH
 EMPLOYMENT  AT SUCH CAMPS OR EMPLOYMENT AT PREMISES WHERE SUCH CAMPS ARE
 LOCATED; day care center worker; school-age child care worker;  provider
 of  family or group family day care; employee or volunteer in a residen-
 tial 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 coun-
 selor; 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.
   §  2.  Subdivision  2  of  section  1392  of the public health law, as
 amended by chapter 439 of the laws  of  2009,  is  amended  to  read  as
 follows:
   2.  "Summer  day  camp" shall mean a property consisting of a tract of
 land and any tents, vehicles, buildings or other structures that may  be
 pertinent  to  its use, any part of which may be occupied on a scheduled
 basis at any time between June first and September fifteenth in any year
 by children under sixteen years of age under  general  supervision,  for
 the purpose of ANY indoor or outdoor organized group activities, involv-
 ing ONE OR MORE: (I) nonpassive recreational activities with significant
 risk  of  injury,  as  such  activities are defined by the department in
 rules and regulations, OR (II) EDUCATIONAL PROGRAMS OR ACTIVITIES, for a
 period of less than twenty-four hours on any  day  the  property  is  so
 occupied, and on which no provisions are made for overnight occupancy by
 such  children.  The commissioner shall have the power to except by rule
 from this article and the sanitary code a place,  facility  or  activity
 that  is  not  within  the  intent  of this definition, PROVIDED THAT NO
 EXCEPTION MAY BE GRANTED TO A SUMMER DAY CAMP WHICH IS  DEDICATED  TO  A
 SINGLE  ACTIVITY  IF  THAT  ACTIVITY  MEETS THE CRITERIA OF A NONPASSIVE
 RECREATIONAL ACTIVITY WITH SIGNIFICANT RISK OF INJURY OR  IS  AN  EDUCA-
 TIONAL PROGRAM OR ACTIVITY.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date is authorized to be made on  or
 before such date.

2017-S4462A (ACTIVE) - Details

See Assembly Version of this Bill:: A5850
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L; amd §1392, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A6330
2015-2016: A7540
2019-2020: S1840, A923
2021-2022: S521, A3338
2023-2024: S284, A2211

2017-S4462A (ACTIVE) - Summary

2017-S4462A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4462A

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the social services law and the public health law, in
relation to mandatory reporting of suspected child abuse or maltreatment
by certain persons

 
PURPOSE:

Increases the number of professionals and individuals who are considered
by the state to be mandatory reporters of child abuse or maltreatment.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 413 of social service law to include college
coaches, athletic directors, professors, graduate assistants, college
administrators and college presidents and paid staff members of chil-
dren's camps, summer day camps and travel camps to the list of mandatory
reporters of child abuse and maltreatment.

Section 2: amends section 1392 of the public health law to include any
indoor or outdoor activities involving one or more non-passive recre-
ational activities or educational programs or activities.

 
JUSTIFICATION:

The reports of alleged child abuse by Penn State's assistant football
coach and seeming indifference and inaction from the school's adminis-
tration are horrifying. Given that many colleges and universities offer
athletic and academic programs to children, we need to make sure that a
situation like what occurred at Penn State does not happen in New York.

The message of this bill is clear: if you're a college coach or college
professional and you see or receive a report of child abuse, it is your
responsibility and obligation to report it to law enforcement immediate-
ly. Children and parents need to know that they will be protected and
reports of abuse will be investigated and not brushed aside.

While it is unimaginable that this legislation is necessary, the alleged
actions of a deviant sexual predator and those who did little to stop
him opens our eyes to how necessary mandatory reporting of child abuse
is, especially in immensely powerful organizations.  Similar to the
actions of the Penn State officials, if you witness child abuse and do
not feel compelled to alert authorities you might fail a moral test, but
as the law is currently written in New York State you may not be held
accountable legally. There is no doubt that we must expand the child
abuse reporting requirement as soon as possible.

Current law does not specify that faculty of colleges and universities
are mandated reporters. This bill would establish that those involved in
higher education and the possibility of coming in contact with children,
should be considered mandatory reporters and adhere to the responsibil-
ities of mandatory reporters as it is stated in law.

 
LEGISLATIVE HISTORY:

New Bill
 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
On the 120th day after becoming law, with provisions.

2017-S4462A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4462--A
     Cal. No. 340
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2017
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   recommitted  to  the  Committee on Children and Families in accordance
   with Senate Rule 6, sec. 8 -- reported favorably from said  committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN  ACT  to  amend the social services law and the public health law, in
   relation to mandatory reporting of suspected child abuse or  maltreat-
   ment by certain persons
 
   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 section 2 of part Q of  chapter  56  of  the
 laws of 2017, 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD06489-02-8

 S. 4462--A                          2
 
 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 COLLEGE COACH, ATHLETIC DIRECTOR, PROFES-
 SOR,  GRADUATE  ASSISTANT,  COLLEGE  ADMINISTRATOR,  COLLEGE  PRESIDENT,
 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; employee of a publicly-funded emergency shelter
 for families with children; director OR ANY PAID STAFF MEMBER 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, SUCH PAID STAFF MEMBERS SHALL  INCLUDE,  BUT  NOT  BE
 LIMITED  TO,  ANY  INDIVIDUALS  WHO  MAY  INTERACT WITH CHILDREN THROUGH
 EMPLOYMENT AT SUCH CAMPS OR EMPLOYMENT AT PREMISES WHERE SUCH CAMPS  ARE
 LOCATED;  day care center worker; school-age child care worker; provider
 of family or group family day care; employee or volunteer in a  residen-
 tial  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 coun-
 selor;  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.
   § 2. Subdivision 2 of section  1392  of  the  public  health  law,  as
 amended  by  chapter  439  of  the  laws  of 2009, is amended to read as
 follows:
   2. "Summer day camp" shall mean a property consisting of  a  tract  of
 land  and any tents, vehicles, buildings or other structures that may be
 pertinent to its use, any part of which may be occupied on  a  scheduled
 basis at any time between June first and September fifteenth in any year
 by  children  under  sixteen years of age under general supervision, for
 the purpose of ANY indoor or outdoor organized group activities, involv-
 ing ONE OR MORE: (I) nonpassive recreational activities with significant
 risk of injury, as such activities are  defined  by  the  department  in
 rules and regulations, OR (II) EDUCATIONAL PROGRAMS OR ACTIVITIES, for a
 period  of  less  than  twenty-four  hours on any day the property is so
 occupied, and on which no provisions are made for overnight occupancy by
 such children. The commissioner shall have the power to except  by  rule
 from  this  article  and the sanitary code a place, facility or activity
 that is not within the intent  of  this  definition,  PROVIDED  THAT  NO
 EXCEPTION  MAY  BE  GRANTED TO A SUMMER DAY CAMP WHICH IS DEDICATED TO A
 SINGLE ACTIVITY IF THAT ACTIVITY MEETS  THE  CRITERIA  OF  A  NONPASSIVE
 RECREATIONAL  ACTIVITY  WITH  SIGNIFICANT RISK OF INJURY OR IS AN EDUCA-
 TIONAL PROGRAM OR ACTIVITY.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this act on its effective date is authorized to be made on or
 before such date.

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Senate Bill S4462A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jan 30, 2018 - Children And Families Committee Vote

Children And Families Committee Vote: Jan 30, 2018

Jun 6, 2017 - Children And Families Committee Vote

Children And Families Committee Vote: Jun 6, 2017

Bill Amendments

2017-S4462 - Details

2017-S4462 - Summary

2017-S4462 - Sponsor Memo

2017-S4462 - Bill Text download pdf

2017-S4462A (ACTIVE) - Details

2017-S4462A (ACTIVE) - Summary

2017-S4462A (ACTIVE) - Sponsor Memo

2017-S4462A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4462A

Share this bill

Sponsored By

James Tedisco

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2017-S4462 - Details

2017-S4462 - Summary

2017-S4462 - Sponsor Memo

2017-S4462 - Bill Text download pdf

2017-S4462A (ACTIVE) - Details

2017-S4462A (ACTIVE) - Summary

2017-S4462A (ACTIVE) - Sponsor Memo

2017-S4462A (ACTIVE) - Bill Text download pdf

Comments