NY State Senate Bill 2019-S566

Senate Bill S566

2019-2020 Legislative Session

Relates to requiring mandated reporters to receive coursework or training regarding the identification and reporting of child abuse and maltreatment

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education 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 08, 2020	referred to higher education
Jan 09, 2019	referred to higher education

2019-S566 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6507, 3003, 3004 & 3007, Ed L; amd §413, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7063
2015-2016: S5047
2017-2018: S1818

2019-S566 (ACTIVE) - Summary

Requires mandated reporters to receive coursework or training regarding the identification and reporting of child abuse and maltreatment every three years.

2019-S566 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S566

SPONSOR: KENNEDY
 
TITLE OF BILL:  An act to amend the education law and the social
services law, in relation to coursework or training regarding the iden-
tification and reporting of child abuse and maltreatment

 
PURPOSE:

Requires mandated reporters to receive coursework or training regarding
the identification and reporting of child abuse and maltreatment every
three years.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends paragraph (a) of subdivision 3 of section
6507 of the education law. This bill adds requirements that such
licensed professional must receive an additional two hours of coursework
or training regarding the identification and reporting of child abuse
and maltreatment every three years.

Section 2 of the bill amends paragraph a of subdivision 4 of section
3003 of the education law by adding coursework retraining every three
years for other mandated reporters.

Section 3 of the bill amends subdivision 2 of section 3004 of the educa-
tion law. Teachers would be required to complete two hours of coursework
or training regarding the identification and reporting of child abuse
and maltreatment years as part of their educational requirements to
obtain a license to be a school teacher. This bill adds to those
requirements that such teacher must receive an additional two hours of
coursework or training regarding the identification and reporting of
child abuse and maltreatment every three years.

Section 4 of the bill amends section 3007 of the education law.  Teach-
ers who have a diploma or certificate from another state would be
required to complete two hours of coursework or training regarding the
identification and reporting of child abuse and maltreatment as part of
their educational requirements to obtain a license to be a school teach-
er in New York State. This bill adds to those requirements that such
teacher must receive an additional two hours of coursework or training
regarding the identification and reporting of child abuse and maltreat-
ment every three years.

Section 5 of the bill amends section 413 of the social services law by
requiring every person and official named in the section required to
report cases of suspected child abuse or maltreatment complete two hours
of coursework or training regarding the identification and reporting of
child abuse and maltreatment prior to assumption of the position and
every three years thereafter. It also requires the office of children
and family services to approve and/or establish the required coursework
and training.

Section 6: Effective Date.

 
JUSTIFICATION:

The current training for mandated reporters is inadequate, as evidenced
by the high number of allegations of child abuse or neglect to be deter-
mined to be "unfounded." In addition to a problem with false-negatives,
it is believed that there is a significant issue with under-reporting
where there is a sufficient suspicion of child maltreatment, but the
mandated reporters do not report. Child protection workers then are
required to investigate reports that should not have been reported, and
not investigate incidences where maltreatment is occurring.

This bill will require mandated reporters, especially those in schools,
who often identify potential child abuse before anyone else, to take a
refresher course every three years. It is expected that this additional
training will result in improved reporting.

 
LEGISLATIVE HISTORY:

2013/2014: A.9810
2015-16: S.5047 Referred to Higher Education/ A.2825 Passed Assembly
2017-18: S.1818/A.2310

 
FISCAL IMPLICATIONS:

Minimal to state.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

2019-S566 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    566
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education  law  and  the  social  services  law,  in
   relation  to  coursework  or training regarding the identification and
   reporting of child abuse and maltreatment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph a of subdivision 3 of section 6507 of the educa-
 tion 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, initially,
 or for the renewal of, a license, registration or limited permit to be a
 physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
 trist,   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 shall, in addition to
 all the other licensure, certification or permit requirements, AND EVERY
 THREE YEARS THEREAFTER, have completed two hours of coursework or train-
 ing regarding the  identification  and  reporting  of  child  abuse  and
 maltreatment.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02392-01-9

 S. 566                              2
 
 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 regarding the physical and behavioral indicators  of
 the  abuse  of  individuals with [mental retardation and other] develop-
 mental disabilities and  voluntary  reporting  of  abused  or  neglected
 adults  to the office [of mental retardation and] FOR PEOPLE WITH devel-
 opmental 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  satisfaction, that there would be no need
 because of the nature of his or her practice for him or her to  complete
 such training;
   § 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, AND EVERY  THREE  YEARS  THEREAFTER,
 have  completed  two hours of coursework or training regarding the iden-
 tification and reporting of child abuse and maltreatment. 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. 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 certification or
 licensure requirements, AND EVERY THREE YEARS THEREAFTER, have completed
 two hours of coursework or training  regarding  the  identification  and
 reporting  of  child  abuse and maltreatment. 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 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.

 S. 566                              3
 
   §  4.  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,  AND  EVERY  THREE  YEARS  THEREAFTER,  shall  have
 completed two hours of coursework or training regarding the  identifica-
 tion  and  reporting  of child abuse and maltreatment. The coursework or
 training shall be obtained from an institution  or  provider  which  has
 been approved by the department to provide such course work 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. 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 ASSUMING THE POSITION WHICH REQUIRES SUCH REPORTING, AND EVERY  THREE
 YEARS THEREAFTER, 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 SUBDIVISION, AND EVERY THREE YEARS
 THEREAFTER SHALL, COMPLETE SUCH COURSEWORK OR TRAINING WITHIN  ONE  YEAR
 OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
   (B)  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 SHALL BE DEVELOPED SO THAT IT CAN  BE
 OFFERED  THROUGH  VARIOUS  MEANS, INCLUDING BUT NOT LIMITED TO, INTERNET
 BASED COURSES AND TELECONFERENCES.
   § 6. This act shall take effect one year after it shall have become  a
 law.

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