S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2211
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2023
                                ___________
 
 Introduced  by  M.  of  A. WALSH, J. M. GIGLIO, MORINELLO, HAWLEY, McDO-
   NOUGH, SAYEGH, RA, PALMESANO, BRABENEC, TAGUE, SMULLEN, DURSO, JENSEN,
   GALLAHAN, SIMPSON -- Multi-Sponsored by -- M. of A. ANGELINO, BLANKEN-
   BUSH, BYRNES, DeSTEFANO, MANKTELOW, MILLER -- read once  and  referred
   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 amended by section 7 of part C of  chapter  57  of  the
 laws of 2018, 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.
                                                            LBD02231-01-3
 A. 2211                             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; 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; employees, who are expected to
 have regular and substantial contact with children, of a health home  or
 health  home  care  management  agency contracting with a health home as
 designated by the department of  health  and  authorized  under  section
 three hundred sixty-five-l of this chapter or such employees who provide
 home and community based services under a demonstration program pursuant
 to section eleven hundred fifteen of the federal social security act who
 are  expected  to  have  regular  and substantial contact with children;
 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 are authorized to be  made  and
 completed on or before such date.