Bill S7063-2013

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

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

Details

Actions

  • Apr 24, 2014: COMMITTEE DISCHARGED AND COMMITTED TO CHILDREN AND FAMILIES
  • Apr 23, 2014: REFERRED TO HIGHER EDUCATION

Memo

BILL NUMBER:S7063

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:

New bill.

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 7063 IN SENATE April 23, 2014 ___________
Introduced by Sens. FELDER, GOLDEN -- 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 356 of the laws of 2006, 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, or dental hygienist 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 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. Paragraph a of subdivision 3 of section 6507 of the education 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 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 3. 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 4. 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 5. 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 6. 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 7. This act shall take effect one year after it shall have become a law; provided, however, that if chapter 554 of the laws of 2013 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 2013 takes effect.

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