Requires directors of children's overnight, summer day camps and traveling summer day camps to report suspected child abuse or maltreatment.
Ayes (5): Johnson, Saland, Young, Savino, Montgomery
Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (5): Diaz, Gallivan, Oppenheimer, Smith, Squadron
TITLE OF BILL: An act to amend the social services law, in relation to requiring directors of children's overnight, summer day and traveling summer day camps to report suspected child abuse and maltreatment
PURPOSE OR GENERAL IDEA OF BILL: To classify camp directors as mandated reporters, thereby requiring them to report child abuse or maltreatment.
SUMMARY OF SPECIFIC PROVISIONS: The section lists specific persons and officials who are mandated reporters of child abuse or maltreatment. When there is reasonable cause to suspect child abuse or maltreatment, the individual must immediately notify the State Central Register of Child Abuse and Maltreatment and the local department of social services.
EXISTING LAW: Current law does not recognize camp directors as mandated reporters of suspected or known child abuse or maltreatment.
However, the Department of Health requires camp operators, including camp directors, to report allegations of child abuse. Under Title 7-2.5(n) (4) of the DOH Sanitary Code, the camp operator is required to develop a camp safety plan submitted for the review and approval of the permit-issuing official. The plan must include procedures for responding to allegations of child abuse, and for reporting allegations of camper abuse to the permit official within 24 hours.
JUSTIFICATION: As youth development professionals, camp directors work with hundreds of children each year. Their first interest is in the safety and well-being of their campers and if they suspect child abuse or maltreatment, they will report their suspicions.
However, camp directors are only required to report abuse or maltreatment to the Department of Health when the abuse or maltreatment occurs at the camp. The camp director is not obligated to report abuse or maltreatment that occurs outside the camp, but should they choose to contact the proper authorities on behalf of the child, the camp director could be subject to civil liability actions such as slander and defamation.
Section 419 of the Social Services Law provides immunity for mandated reporters from criminal and civil liability that might result from a good faith reporting of suspected child abuse or maltreatment. To classify camp directors as mandated reporters will safeguard children and the camp directors who report suspected abuse. These professionals should be afforded the protections to guarantee they will not hesitate when the need arises to protect their campers.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3777--A 2011-2012 Regular Sessions IN SENATE March 3, 2011 ___________Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the social services law, in relation to requiring direc- tors of children's overnight, summer day and traveling summer day camps to report suspected 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 1 of section 413 of the social services law, as separately amended by chapters 323 and 366 of the laws of 2008, 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; hospital personnel engaged in the admission, examination, care or treat- ment 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,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09819-02-1 S. 3777--A 2
school administrator or other school personnel required to hold a teach- ing or administrative license or certificate; social services worker; 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; 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 defined in subdivision four of section four hundred twelve-a of this title 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; peace officer; police officer; district attorney or assistant district attorney; investigator employed in the office of a district attorney; or other law enforcement official. S 2. This act shall take effect immediately.