Bill S4751B-2013

Expands the persons responsible for reporting cases of suspected child abuse

Expands the persons responsible for reporting cases of suspected child abuse; requires coursework for reporting child abuse and maltreatment for persons holding temporary coaching licenses or professional coaching certificates.

Details

Actions

  • Aug 6, 2014: SIGNED CHAP.205
  • Aug 1, 2014: DELIVERED TO GOVERNOR
  • Jun 11, 2014: returned to senate
  • Jun 11, 2014: passed assembly
  • Jun 11, 2014: ordered to third reading rules cal.111
  • Jun 11, 2014: substituted for a421c
  • Jun 11, 2014: referred to codes
  • Jun 11, 2014: RETURNED TO ASSEMBLY
  • Jun 11, 2014: REPASSED SENATE
  • Jun 2, 2014: AMENDED ON THIRD READING (T) 4751B
  • Jun 2, 2014: VOTE RECONSIDERED - RESTORED TO THIRD READING
  • Jun 2, 2014: returned to senate
  • Jun 2, 2014: RECALLED FROM ASSEMBLY
  • Mar 25, 2014: referred to children and families
  • Mar 25, 2014: DELIVERED TO ASSEMBLY
  • Mar 25, 2014: PASSED SENATE
  • Mar 3, 2014: ADVANCED TO THIRD READING
  • Feb 27, 2014: 2ND REPORT CAL.
  • Feb 26, 2014: 1ST REPORT CAL.184
  • Feb 10, 2014: PRINT NUMBER 4751A
  • Feb 10, 2014: AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
  • Jan 8, 2014: REFERRED TO CHILDREN AND FAMILIES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 4, 2013: referred to children and families
  • Jun 4, 2013: DELIVERED TO ASSEMBLY
  • Jun 4, 2013: PASSED SENATE
  • Jun 3, 2013: ADVANCED TO THIRD READING
  • May 30, 2013: 2ND REPORT CAL.
  • May 29, 2013: 1ST REPORT CAL.785
  • Apr 22, 2013: REFERRED TO CHILDREN AND FAMILIES

Calendars

Votes

Memo

BILL NUMBER:S4751B

TITLE OF BILL: An act to amend the social services law, in relation to expanding the persons responsible for reporting cases of suspected child abuse; and to amend the education law, in relation to coursework for reporting child abuse and maltreatment for persons holding temporary coaching licenses or professional coaching certificates

PURPOSE:

To require full or part-time compensated school employees required to hold a temporary coaching license or professional coaching certificate to report cases of suspected child abuse.

SUMMARY OF PROVISIONS:

Section one amends paragraph (a) of subdivision 1 of section 413 of the social services law, as amended by chapter 554 of the laws of 2013, to add a full or part-time compensated school employee required to hold a temporary coaching license or professional coaching certificate to the list of mandated reporters.

Section two amends subdivision 5-a of section 488 of the social services law, as amended by chapter 8 of the laws of 2014, to add any full or part-time compensated school employee required to hold a temporary coaching license or professional coaching certificate to the definition of human services professional.

Section three amends the education law by adding a new section 3036 to require the commissioner of education to prescribe regulations requiring that all persons currently holding a temporary coaching license or a professional coaching certificate and persons applying for such license or certificate shall, in addition to all the other licensure or certification requirements, have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment as described in the section. Each applicant shall provide the department of education with documentation showing that he or she has completed the required training.

Section four provides the effective date.

JUSTIFICATION:

School coaches are often in a position to observe children for signs of abuse. Coaches develop close, trusting relationships with their players, making it likely that a child would confide in his or her coach.

The current law is ambiguous as to whether individuals in these positions are mandated reporters. This legislation will clarify that coaches who are paid employees of the school district have a duty to report suspected abuse, and as with all mandated reporters, will be protected from civil liability resulting from reports that are proven unfounded. By requiring the commissioner of education to prescribe regulations to complete two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment, we

provide the coaches with the tools to assist them to identify and report suspected child abuse and maltreatment.

LEGISLATIVE HISTORY:

A.8901A of 2012 referred to children and families. Same as S.7350A (Saland) of 2012 committed to rules.

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that sections one and two of this act shall take effect on July 1, 2015; provided, further that if chapter 554 of the laws of 2013 shall not have taken effect on or before such date then section one of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2013, take effect; and provided that if chapter B of the laws of 2014 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 2014, take effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 4751--B Cal. No. 184 2013-2014 Regular Sessions IN SENATE April 22, 2013 ___________
Introduced by Sens. LANZA, GALLIVAN, KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and deliv- ered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the social services law, in relation to expanding the persons responsible for reporting cases of suspected child abuse; and to amend the education law, in relation to coursework for reporting child abuse and maltreatment for persons holding temporary coaching licenses or professional coaching certificates 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 chapter 554 of the laws of 2013, 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 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; director 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; day care center worker; school-age child care worker; provider of family or group family day care; 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; 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. Subdivision 5-a of section 488 of the social services law, as amended by chapter 8 of the laws of 2014, is amended to read as follows: 5-a. "Human services professional" shall mean any: physician; regis- tered physician assistant; surgeon; medical examiner; coroner; dentist; dental hygienist; osteopath; optometrist; chiropractor; podiatrist; resident; intern; psychologist; registered nurse; licensed practical nurse; nurse practitioner; social worker; emergency medical technician; licensed creative arts therapist; licensed marriage and family thera- pist; licensed mental health counselor; licensed psychoanalyst; licensed behavior analyst; certified behavior analyst assistant; licensed speech/language pathologist or audiologist; licensed physical therapist; licensed occupational therapist; hospital personnel engaged in the admission, examination, care or treatment of persons; 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; any other child care or foster care worker; mental health professional; person credentialed by the office of alco- holism 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 3. The education law is amended by adding a new section 3036 to read as follows: S 3036. COURSEWORK FOR REPORTING CHILD ABUSE AND MALTREATMENT FOR THOSE WITH COACHING LICENSES OR COACHING CERTIFICATES. 1. NOTWITHSTAND- ING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL PRESCRIBE REGU- LATIONS REQUIRING THAT ALL PERSONS CURRENTLY HOLDING A TEMPORARY COACH- ING LICENSE OR A PROFESSIONAL COACHING CERTIFICATE AND PERSONS APPLYING FOR SUCH LICENSE OR CERTIFICATE SHALL, IN ADDITION TO ALL THE OTHER LICENSURE OR CERTIFICATION REQUIREMENTS, 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 STATUTORY 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 REPOR- TERS, 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. 2. PERSONS CURRENTLY HOLDING A TEMPORARY COACHING LICENSE OR A PROFES- SIONAL COACHING CERTIFICATE SHALL MEET THE COURSEWORK OR TRAINING REQUIREMENTS PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION NO LATER THAN JULY FIRST, TWO THOUSAND FIFTEEN. S 4. This act shall take effect immediately; provided, however, that sections one and two of this act shall take effect on July 1, 2015; provided, further that if chapter 554 of the laws of 2013 shall not have taken effect on or before such date then section one of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2013, takes effect; and provided that if chapter 8 of the laws of 2014 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 2014, takes effect.

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