NY State Senate Bill 2025-S3444

Current Bill Status - In Senate Committee Children And Families 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 27, 2025	referred to children and families

2025-S3444 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L; amd §404, N-PC L; add §111, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6635
2023-2024: S2709

2025-S3444 (ACTIVE) - Summary

Includes certain employees or volunteers of not-for-profit youth organizations whose primary purpose is to interact with youth through activities, events or gatherings as mandated reporters.

2025-S3444 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3444

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Expands the list of individuals required to report suspected child abuse
or maltreatment to the Statewide Central Register for Child Abuse and
Maltreatment

 
SUMMARY OF PROVISIONS:

Section one of this bill would expand the list of individuals required
to report suspected child abuse or' maltreatment to the Statewide
Central Register for Child Abuse and Maltreatment to include an employee
or volunteer of an organization whose primary purpose is to interact
with youth through activities, events, or other one on one or group

gatherings, where such organization has or should have policies which
require such employee or volunteer to report either to the organization
or to a local authority about any suspected child maltreatment or child
abuse.

Section two and three amends section 404 of the not-for-profit corpo-
ration Law by adding a new paragraph (w) and adds a new section 110 to
the executive law, both which address notice of the requirement to
report.

Section four establishes the effective date.

 
JUSTIFICATION:

"Boy Scout leaders are not deemed to be a mandatory reporter, although
an overnight summer camp director is," says Dutchess County District
Attorney William Grady, "Given the responsibilities and obligations that
each has with regard to children under their control, to say that one is
a mandatory reporter and the other isn't is, in my opinion, a
distinction without a difference."

This legislation 'branches off' from another piece of legislation that
former Assemblymember Galef carried, that is much larger in scope, yet
also deals with updates that must be made to our current mandatory
reporter law. While this legislation is very different, it is still very
much needed.

This legislation will include certain employees and volunteers of youth
organizations (such as the Boy Scouts of America) as mandated reporters
when they suspect child abuse or maltreatment.

 
PRIOR LEGISLATIVE HISTORY:

2023-2024: S2709 - Died in Children & Families

2021-2022: S6635B/A7462 - Died in Children and Families/Died in Codes

2019-2020: A10737 - Died in Children and Families

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

There are no fiscal implications associated with the passage of this
legislation.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become a
law.

2025-S3444 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3444
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2025
                                ___________
 
 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.
                                                            LBD07175-01-5

 S. 3444                             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] ADDICTION SERVICES AND SUPPORTS; 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.  Paragraph (a) of subdivision 1 of  section  413  of  the  social
 services  law, as amended by chapter 733 of the laws of 2023, 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;
 athletic  trainer;  psychologist; registered nurse; social worker; emer-
 gency medical technician; licensed  creative  arts  therapist;  licensed
 marriage   and  family  therapist;  licensed  mental  health  counselor;
 licensed psychoanalyst; licensed behavior  analyst;  certified  behavior
 analyst assistant; hospital personnel engaged in the admission, examina-
 tion,  care  or  treatment of persons; a Christian Science practitioner;
 school official, which includes but is not limited  to  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 chil-
 S. 3444                             3
 
 dren; director of a children's overnight camp, summer day camp or  trav-
 eling  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  ORGANIZATION  WITH  THE PRIMARY PURPOSE OF ENGAGING WITH
 YOUTH UNDER THE AGE OF EIGHTEEN THROUGH  ACTIVITIES,  EVENTS,  OR  GATH-
 ERINGS,  AS DESIGNATED BY THE COMMISSIONER WHERE SUCH EMPLOYEE OR VOLUN-
 TEER 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  counse-
 lor;  alcoholism  counselor;  all  persons credentialed by the office of
 [alcoholism  and  substance  abuse  services]  ADDICTION  SERVICES   AND
 SUPPORTS;  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.
   § 3.  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.
   §  4. 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.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that if chapter 733 of the laws of
 2023 shall not have taken effect on or before such date then section two
 of this act shall take effect on the same date and in the same manner as
 such  chapter  of the laws of 2023 takes effect.  Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.

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Senate Bill S3444

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee

Actions

2025-S3444 (ACTIVE) - Details

2025-S3444 (ACTIVE) - Summary

2025-S3444 (ACTIVE) - Sponsor Memo

2025-S3444 (ACTIVE) - Bill Text download pdf

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Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Children And Families Committee

Actions

2025-S3444 (ACTIVE) - Details

2025-S3444 (ACTIVE) - Summary

2025-S3444 (ACTIVE) - Sponsor Memo

2025-S3444 (ACTIVE) - Bill Text download pdf

Comments