NY State Senate Bill 2015-S5047

Senate Bill S5047

2015-2016 Legislative Session

Relates to requiring mandated reporters to receive coursework or training regarding the identification and reporting of child abuse and maltreatment

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to higher education
Apr 29, 2015	referred to higher education

2015-S5047 (ACTIVE) - Details

See Assembly Version of this Bill:: A2825
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6507, 3003, 3004 & 3007, Ed L; amd §413, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7063, A9810
2017-2018: S1818, A2310
2019-2020: S566

2015-S5047 (ACTIVE) - Summary

Requires mandated reporters to receive coursework or training regarding the identification and reporting of child abuse and maltreatment every three years.

2015-S5047 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5047

TITLE OF BILL:  An act to amend the education law and the social
services law, in relation to coursework or training regarding the
identification and reporting of child abuse and maltreatment

PURPOSE: Requires mandated reporters to receive coursework or training
regarding the identification and reporting of child abuse and
maltreatment every three years.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends paragraph (a) of subdivision 3 of section
6507 of the education law. Physicians, chiropractors, dentists,
registered nurses, podiatrists, optometrists, psychiatrists,
psychologists, licensed master social workers, licensed clinical
social workers, licensed creative arts therapists, licensed marriage
and family therapists, licensed mental health counselors, licensed
psychoanalysts, dental hygienists, licensed behavior analysts, or
certified behavior analyst assistants would be required to complete
two hours of coursework or training regarding the identification and
reporting of child abuse and maltreatment as part of their educational
requirements to obtain a license to practice their profession. This
bill adds to those requirements that such licensed professional must
receive an additional two hours of coursework or training regarding
the identification and reporting of child abuse and maltreatment every

three years.

Section 2 of the bill amends paragraph a of subdivision 3 of section
6507 of the education law by adding coursework retraining every three
years for other mandated reporters.

Section 3 of the bill amends subdivision 4 of section 3003 of the
education law. School superintendents would be required to complete
two hours of coursework or training regarding the identification and
reporting of child abuse and maltreatment as part of their educational
requirements to obtain a license to be a school superintendent. This
bill adds to those requirements that such superintendent must receive
an additional two hours of coursework or training regarding the
identification and reporting of child abuse and maltreatment every
three years.

Section 4 of the bill amends subdivision 2 of section 3004 of the
education law. Teachers would be required to complete two hours of
coursework or training regarding the identification and reporting of
child abuse and maltreatment years as part of their educational
requirements to obtain a license to be a school teacher, This bill
adds to those requirements that such teacher must receive an
additional two hours of coursework or training regarding the
identification and reporting of child abuse and maltreatment every
three years.

Section 5 of the bill amends section 3007 of the education law.
Teachers who have a diploma or certificate from another state would be
required to complete two hours of coursework or training regarding the
identification and reporting of child abuse and maltreatment as part
of their educational requirements to obtain a license to be a school


teacher in New York State. This bill adds to those requirements that
such teacher must receive an additional two hours of coursework or
training regarding the identification and reporting of child abuse and
maltreatment every three years. Section 6 of the bill amends section
413 of the social services law by requiring every person and official
named in the section required to report cases of suspected child abuse
or maltreatment complete two hours of coursework or training regarding
the identification and reporting of child abuse and maltreatment prior
to assumption of the position and every three years thereafter. It
also requires the office of children and family services to approve
and/or establish the required coursework and training.

Section 7: Effective Date.

EXISTING LAW: New bill.

JUSTIFICATION: The current training for mandated reporters is
inadequate, as evidenced by the high number of allegations of child
abuse or neglect to be determined to be "unfounded." In addition to a
problem with false-negatives, it is believed that there is a
significant issue with under-reporting where there is a sufficient
suspicion of child maltreatment, but the mandated reporters do not
report. Child protection workers then are required to investigate
reports that should not have been reported, and not investigate
incidences where maltreatment is occurring.

This bill will require mandated reporters to take a refresher course
every three years. It is expected that this additional training will
result in improved reporting.

LEGISLATIVE HISTORY: A.9810 as of 2013/2014

FISCAL IMPLICATIONS: Mandated reporters would be required to spend two
hours of their time every three years to complete the course. It is
expected that this training will be part of the continuing education
and in-service training that now takes place for most professions.

EFFECTIVE DATE: This act shall take effect one year after it shall
have become a law.

2015-S5047 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5047

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 29, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education  law  and  the  social  services  law,  in
  relation  to  coursework  or training regarding the identification and
  reporting of 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 3 of section 6507 of the educa-
tion law, as amended by chapter 554 of the laws of 2013, is  amended  to
read as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing,  on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
licensed clinical  social  worker,  licensed  creative  arts  therapist,
licensed  marriage  and family therapist, licensed mental health counse-
lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
analyst,  or  certified behavior analyst assistant shall, in addition to
all the other licensure, certification or permit requirements, AND EVERY
THREE YEARS THEREAFTER, have completed two hours of coursework or train-
ing 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01720-01-5

S. 5047                             2

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  reporters,  and  the
consequences for failing to report. Such coursework or training may also
include  information regarding the physical and behavioral indicators of
the abuse of individuals with [mental retardation  and  other]  develop-
mental  disabilities  and  voluntary  reporting  of  abused or neglected
adults to the office [of mental retardation and] FOR PEOPLE WITH  devel-
opmental  disabilities or the local adult protective services unit. Each
applicant shall provide the department with documentation  showing  that
he  or  she  has  completed  the required training. The department shall
provide an exemption from the  child  abuse  and  maltreatment  training
requirements  to  any  applicant  who requests such an exemption and who
shows, to the department's satisfaction, that there  would  be  no  need
because  of the nature of his or her practice for him or her to complete
such training;
  S 2. Subdivision 4 of section 3003 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:
  4. Notwithstanding any other provision of law, the commissioner  shall
require  that  any  person applying, on or after January first, nineteen
hundred ninety-one, for a superintendent's certificate shall,  in  addi-
tion  to  all  the other requirements, AND EVERY THREE YEARS THEREAFTER,
have completed two hours of coursework or training regarding  the  iden-
tification 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 phys-
ical  and  behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred  thir-
teen  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 reporters, 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.
  S 3. Subdivision 2 of section 3004 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:
  2. Notwithstanding any other provision of law, the commissioner  shall
prescribe  regulations  requiring that all persons applying, on or after
January first, nineteen hundred ninety-one, for a certificate or license
to be a teacher shall, in addition to all  the  other  certification  or
licensure requirements, AND EVERY THREE YEARS THEREAFTER, 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 statu-
tory 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 reporters, 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.

S. 5047                             3

  S 4. The closing paragraph of section 3007 of the  education  law,  as
amended  by  chapter  544  of  the  laws  of 1988, is amended to read as
follows:
  Such  endorsement confers on the holder of such diploma or certificate
the privileges conferred by law on the holder of the diploma of a  state
teachers  college  or  state  college  for teachers or state certificate
issued in this state. Notwithstanding any other provision  of  law,  the
commissioner  shall  require  that  any  person seeking endorsement of a
foreign certificate or diploma, on  or  after  January  first,  nineteen
hundred  ninety-one,  AND  EVERY  THREE  YEARS  THEREAFTER,  shall  have
completed two hours of coursework or training regarding the  identifica-
tion  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 course work or training.
The coursework or training shall include information regarding the phys-
ical  and  behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred  thir-
teen  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 reporters, 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.
  S 5. Section 413 of the social services law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. (A) EVERY PERSON AND OFFICIAL REQUIRED TO REPORT CHILD  ABUSE  OR
MALTREATMENT,  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL, PRIOR
TO ASSUMING THE POSITION WHICH REQUIRES SUCH REPORTING, AND EVERY  THREE
YEARS THEREAFTER, COMPLETE TWO HOURS OF COURSEWORK OR TRAINING REGARDING
THE  IDENTIFICATION  AND  REPORTING  OF  CHILD  ABUSE  AND MALTREATMENT;
PROVIDED THAT EVERY PERSON AND OFFICIAL HOLDING SUCH A  POSITION  ON  OR
BEFORE  THE  EFFECTIVE  DATE  OF THIS SUBDIVISION, AND EVERY THREE YEARS
THEREAFTER SHALL, COMPLETE SUCH COURSEWORK OR TRAINING WITHIN  ONE  YEAR
OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (B)  EXCEPT  AS OTHERWISE PROVIDED BY THE EDUCATION LAW, THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL APPROVE AND/OR ESTABLISH THE  COURSE-
WORK  AND TRAINING REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVI-
SION. SUCH COURSEWORK AND TRAINING SHALL BE DEVELOPED SO THAT IT CAN  BE
OFFERED  THROUGH  VARIOUS  MEANS, INCLUDING BUT NOT LIMITED TO, INTERNET
BASED COURSES AND TELECONFERENCES.
  S 6. This act shall take effect one year after it shall have become  a
law.

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