Senate Bill S2709

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2709
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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, the not-for-profit  corporation
   law  and the executive law, in relation to including certain employees
   or volunteers of youth organizations as mandated reporters

   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 school teacher, school  guidance  counse-
 lor,  school  psychologist,  school  social worker, school nurse, school
 administrator or other school personnel required to hold a  teaching  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07110-01-3
              

 S. 2709                             2
 
 administrative  license  or  certificate;  full or part-time compensated
 school employee required to hold a temporary coaching license or profes-
 sional coaching certificate; social services worker; employee of a publ-
 icly-funded  emergency shelter for families with children; director of a
 children'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; EMPLOYEE OR VOLUNTEER OF A NOT-FOR-PROFIT ORGANIZA-
 TION WITH THE PRIMARY PURPOSE OF ENGAGING WITH YOUTH UNDER  THE  AGE  OF
 EIGHTEEN THROUGH ACTIVITIES, EVENTS, OR GATHERINGS, AS DESIGNATED BY THE
 COMMISSIONER  WHERE SUCH EMPLOYEE OR VOLUNTEER IS LIKELY TO HAVE REGULAR
 AND SUBSTANTIAL CONTACT WITH SUCH YOUTH; day care center worker; school-
 age child care worker; provider of family  or  group  family  day  care;
 employee  or  volunteer in a residential 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  counselor;  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.  Section 404 of the not-for-profit corporation law is amended by
 adding a new paragraph (w) to read as follows:
   (W) EVERY CERTIFICATE OF INCORPORATION WHICH INCLUDES AS  THE  PRIMARY
 PURPOSE THE OPERATION OF A CORPORATION WHERE ITS EMPLOYEES OR VOLUNTEERS
 ARE  EXPECTED  TO  HAVE REGULAR AND SUBSTANTIAL CONTACT WITH YOUTH UNDER
 THE AGE OF EIGHTEEN THROUGH ACTIVITIES, EVENTS, OR GATHERINGS  AND  SUCH
 CORPORATION  HAS  BEEN  DESIGNATED  BY THE OFFICE OF CHILDREN AND FAMILY
 SERVICES, PURSUANT TO  SECTION  FOUR  HUNDRED  THIRTEEN  OF  THE  SOCIAL
 SERVICES  LAW,  SHALL HAVE ENDORSED THEREON OR ANNEXED THERETO NOTICE TO
 THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THE INCORPORATION.
   § 3. The executive law is amended by adding a new section 111 to  read
 as follows:
   §  111.  NOTICE  TO CERTAIN CORPORATIONS RELATED TO REPORTING REQUIRE-
 MENTS.  THE SECRETARY OF STATE, IN CONSULTATION WITH THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES, SHALL PROVIDE NOTICE TO  ANY  ENTITY  INCORPO-
 RATED  PURSUANT  TO  ARTICLE  FOUR OF THE NOT-FOR-PROFIT CORPORATION LAW
 PRIOR TO THE EFFECTIVE DATE OF THIS SECTION WHO HAS  SINCE  BEEN  DESIG-
 NATED  BY THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO SECTION
 FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW. UPON SUCH NOTICE, SUCH
 NOT-FOR-PROFIT CORPORATION SHALL BE REQUIRED TO  MEET  THE  REQUIREMENTS
 CONTAINED IN SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.