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Assembly Bill A2756

2019-2020 Legislative Session

Relates to the duty of mandated reporters to report an incident when there are multiple reporters with direct knowledge of such incident

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

co-Sponsors

2019-A2756 (ACTIVE) - Details

Law Section:
Social Services Law
Laws Affected:
Amd §491, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2017-2018: A7700
2021-2022: A2060
2023-2024: A5697

2019-A2756 (ACTIVE) - Summary

Requires every mandated reporter to make a report to the register unless the register has knowledge of the incident.

2019-A2756 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2756
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by  M. of A. BARRETT, GUNTHER, SANTABARBARA -- read once and
   referred to the Committee on Mental Health
 
 AN ACT to amend the social services law, in  relation  to  the  duty  of
   mandated  reporters  to  report  an  incident  when there are multiple
   reporters with direct knowledge of such incident

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 491 of the social services law is
 amended by adding a new paragraph (b-1) to read as follows:
   (B-1) WHERE MULTIPLE REPORTERS  HAVE  DIRECT  KNOWLEDGE  OF  THE  SAME
 REPORTABLE  INCIDENT  OR  HAVE REASONABLE CAUSE TO SUSPECT SUCH INCIDENT
 HAS OCCURRED, EACH MANDATED REPORTER IS REQUIRED TO  REPORT  SUCH  INCI-
 DENT,  UNLESS  HE OR SHE REASONABLY BELIEVES THAT THE REPORT HAS ALREADY
 BEEN MADE BY ANOTHER MANDATED REPORTER.
   § 2. Paragraph (b) of subdivision 3  of  section  491  of  the  social
 services law, as added by section 1 of part B of chapter 501 of the laws
 of 2012, is amended to read as follows:
   (b)  [A]  EXCEPT  AS PROVIDED IN PARAGRAPH (B-1) OF SUBDIVISION ONE OF
 THIS SECTION, A mandated reporter who knowingly and willfully  fails  to
 report  a  case of suspected abuse or neglect to the vulnerable persons'
 central register may be subject to termination, subject to any  applica-
 ble  collective bargaining agreement. Any person or official required by
 this article to report a case of  suspected  abuse  or  neglect  to  the
 vulnerable  persons'  central register who knowingly and willfully fails
 to do so shall be civilly liable for the damages proximately  caused  by
 such failure.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00473-01-9

co-Sponsors

2019-A2756A - Details

Law Section:
Social Services Law
Laws Affected:
Amd §491, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2017-2018: A7700
2021-2022: A2060
2023-2024: A5697

2019-A2756A - Summary

Requires every mandated reporter to make a report to the register unless the register has knowledge of the incident.

2019-A2756A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2756--A
                                                         Cal. No. 421
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by  M.  of  A. BARRETT, GUNTHER, SANTABARBARA, DE LA ROSA --
   read once and referred to the Committee on Mental Health --  recommit-
   ted to the Committee on Mental Health in accordance with Assembly Rule
   3,  sec.  2  --  reported  and  referred  to the Committee on Codes --
   advanced to a third reading, amended and ordered reprinted,  retaining
   its place on the order of third reading
 
 AN  ACT  to  amend  the  social services law, in relation to the duty to
   report incidents
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 491 of the social services law is
 amended by adding a new paragraph (d) to read as follows:
   (D) EVERY MANDATED REPORTER IS REQUIRED TO MAKE A REPORT TO THE REGIS-
 TER AS OUTLINED IN PARAGRAPH (B) OF  THIS  SUBDIVISION  UNLESS  (I)  THE
 REPORTER  HAS  ACTUAL  KNOWLEDGE  THAT  THE REPORTABLE INCIDENT HAS BEEN
 REPORTED TO THE REGISTER; AND (II) THAT THE REPORTER HAS BEEN NAMED AS A
 PERSON WITH KNOWLEDGE OF THE INCIDENT IN SUCH PRIOR REPORT.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
 A                                                          LBD00473-03-0

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