Expands the persons responsible for reporting cases of suspected child abuse.
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
PURPOSE: To require school athletic directors, school coaches, and school assistant coaches 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 to add school athletic directors, school coaches, and school assistant coaches to the list of mandated reporters.
Section two provides the effective date.
JUSTIFICATION: School coaches and athletic directors are often in the 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 their coach.
The current law is ambiguous as to whether individuals in these positions are mandated reporters. This legislation will clarify their duty to report suspected abuse, and also protect them from civil liability resulting from reports that are proven unfounded.
LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 7350 IN SENATE May 2, 2012 ___________Introduced by Sen. SALAND -- 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 expanding the persons responsible for reporting cases of suspected child abuse 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 91 of the laws of 2011, 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, school administrator or other school personnel required to hold a teach- ing or administrative license or certificate; SCHOOL ATHLETIC DIRECTOR, SCHOOL COACH, SCHOOL ASSISTANT COACH; 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 careEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13715-03-2 S. 7350 2
worker; provider of family or group family day care; employee or volun- teer 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 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. This act shall take effect immediately.