Directs persons required to report child abuse or maltreatment in their professional or official capacity to report parents who have been convicted of abusing a child or had their parental rights terminated and have given birth to or fathered another child.
TITLE OF BILL: An act to amend the social services law, in relation to reports of suspected child abuse or maltreatment by certain officials and persons
This bill will require mandated reporters to call the hotline when they have a reasonable suspicion that a person who was a previous child abuser or previously had their rights terminated, gives birth to/fathers another child.
SUMMARY OF PROVISIONS:
Section 1. Amends paragraph (a) of subdivision 1 of section 413 of the social services law to require that mandated reporters call the hotline when a person that they reasonably suspect to have previously been convicted of a crime related to physically or sexually abusing a child, or that has reasonable cause to believe that a court has previously terminated such parent's rights to a child for cause, has since given birth to or fathered a child.
Section 2 is the enacting clause.
When a parent has a child protective history so serious that they have had a criminal conviction for sexually or physically abusing a child, or have had their parental rights terminated, there is great concern about them parenting a new child. Newborn babies are extremely vulnerable. Should a parent's prior actions against an older child be so egregious as to result in a criminal conviction-and/or lead to a termination of their parental rights-the safety of a newborn should be checked to prevent similar abuse from reoccurring.
Currently there is no requirement that the birth of a new child to such a parent is required to be reported for investigation. This bill makes the technical change needed to help keep newborns safe from potential harm at the hands of a parent(s) with a history of abuse. It requires mandated reporters to contact the state central registry if they have reasonable cause to believe that a parent has had a criminal history of child abuse or a prior termination of parental rights and now has a new infant.
This act shall take effect on the same date and in the same manner as section 12 of chapter 554 of the laws of 2013, takes effect.
STATE OF NEW YORK ________________________________________________________________________ 7212 IN SENATE May 6, 2014 ___________Introduced by Sen. FELDER -- 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, in relation to reports of suspected child abuse or maltreatment by certain officials and persons 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, OR WHEN THEY HAVE REASONABLE CAUSE TO BELIEVE THAT A PARENT COMING BEFORE THEM IN THEIR PROFESSIONAL OR OFFI- CIAL CAPACITY HAS BEEN CONVICTED OF A CRIME RELATED TO PHYSICALLY OR SEXUALLY ABUSING A CHILD AND SUCH PARENT HAS SUBSEQUENTLY GIVEN BIRTH TO OR FATHERED A CHILD, OR HAS REASONABLE CAUSE TO BELIEVE THAT A COURT HAS PREVIOUSLY TERMINATED SUCH PARENT'S RIGHTS TO A CHILD FOR ANY CAUSE AND SUCH PARENT HAS SUBSEQUENTLY GIVEN BIRTH TO OR FATHERED A CHILD: any physician; registered physician assistant; surgeon; medical examiner; coroner; dentist; dental hygienist; osteopath; optometrist; chiroprac- tor; podiatrist; resident; intern; psychologist; registered nurse; social worker; emergency 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, examination, care or treatment of persons; a Christian Science practitioner; school official, which includes but is not limitedEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14869-02-4 S. 7212 2
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; 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; or any other child care or foster care worker; mental health professional; substance abuse counselor; alcoholism coun- selor; all persons credentialed by the office of alcoholism and substance abuse services; peace officer; police officer; district attor- ney 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 on the same date and in the same manner as section 12 of chapter 554 of the laws of 2013 takes effect.