Bill S7951-2013

Relates to expanding the persons responsible for reporting cases of suspected child abuse

Relates to expanding the persons responsible for reporting cases of suspected child abuse to include employees, volunteers, or agents of any corporate entity having an agreement with a municipality as a homeless shelter provider and the development of procedures related thereto.

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  • Oct 22, 2014: REFERRED TO RULES

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BILL NUMBER:S7951

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 to include employees, volunteers, or agents of any corporate entity having an agreement with a municipality as a homeless shelter provider and the development of procedures related thereto

PURPOSE: To include among persons and officials required to report or cause to be reported, employees, volunteers, and agents of any corporate entity having a contractual agreement with a municipality as a homeless shelter provider to be deemed a trained mandatory reporter.

SUMMARY OF PROVISIONS:

Section one of the bill expands the listing of persons and officials required to report or cause to be reported reasonable suspicion that any child within their purview is being abused or maltreated.

Section two requires that the individuals delineated in Section one be required to report or cause to be reported when there is reasonable suspicion that a child under their purview in a professional or official capacity is being subjected to abuse or maltreatment.

Section three amends subdivision 5-a of section 488 of the social services law, as added by section 1 part B of chapter 501 of the laws of 2012 to include employees, volunteers, and agents of any corporate entity having an contractual agreement with a municipality as a homeless shelter provider to be deemed a "human services professional."

Section four amends subdivision 5-a of section 488 of the social services law, as amended by chapter 205 of the laws of 2014 to include employees, volunteers, and agents of any corporate entity having an contractual agreement with a municipality as a homeless shelter providers to be deemed a trained mandatory reporter.

Section five amends section 413 of the social services law that any institution having an agreement with a municipality as a homeless shelter provider will be required develop and maintain policies and procedures regarding mandatory reporting of child abuse or neglect or death; establish penalties for failure to report; assume responsibility for the provision of services and procedures to safeguard the life of a child; and establish a training program for current and new employees with regard to these policies and procedures.

JUSTIFICATION: Recently the incidents of abuse and/or maltreatment of children appear to have increased dramatically and are ancillary to incidents of domestic violence. One in every four women will experience domestic violence in her lifetime and the children who witness these events will attempt to intervene and eventually become the victims of child abuse or detrimental neglect at a rate of 30%60%.

It is estimated that the majority of these incidents take place in the privacy of a family's home, but when these incidents take place under

the aegis of municipal public programs, it is the responsibility of the municipality to require efficient and caring oversight, and trained providers to ensure a safe haven for defenseless children.

LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately, on the same date and in the same manner as section 2 of chapter 205 of the laws of 2014.


Text

STATE OF NEW YORK ________________________________________________________________________ 7951 IN SENATE October 22, 2014 ___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the social services law, in relation to expanding the persons responsible for reporting cases of suspected child abuse to include employees, volunteers, or agents of any corporate entity having an agreement with a municipality as a homeless shelter provider and the development of procedures related thereto 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 126 of the laws of 2014, 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; 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; employee or volun- teer in a residential care facility for children that is licensed, certified or operated by the office of children and family services; or any other child care or foster care worker; mental health professional; substance abuse counselor; alcoholism counselor; all persons creden- tialed by the office of alcoholism and substance abuse services; peace officer; police officer; district attorney or assistant district attor- ney; investigator employed in the office of a district attorney; or other law enforcement official; OR EMPLOYEES, VOLUNTEERS, OR AGENTS OF ANY CORPORATE ENTITY HAVING AN AGREEMENT WITH A MUNICIPALITY AS A HOME- LESS SHELTER PROVIDER. S 2. Paragraph (a) of subdivision 1 of section 413 of the social services law, as separately amended by chapters 126 and 205 of the laws of 2014, 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; employee or volunteer in a residential care facility for children that is licensed, certified or operated by the office of children and family services; or any other child care or foster care worker; mental health professional; substance abuse counselor; 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; OR EMPLOYEES, VOLUNTEERS, OR AGENTS OF ANY CORPORATE ENTITY HAVING AN AGREEMENT WITH A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER.
S 3. Subdivision 5-a of section 488 of the social services law, as added by section 1 of part B of chapter 501 of the laws of 2012, 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; social services worker; any other child care or foster care worker; mental health professional; person 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; EMPLOYEES, VOLUNTEERS AND AGENTS OF ANY CORPORATE AGENT HAVING AN AGREE- MENT WITH A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER. S 4. Subdivision 5-a of section 488 of the social services law, as amended by chapter 205 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; EMPLOYEES, VOLUNTEERS AND AGENTS OF ANY CORPORATE AGENT HAVING AN AGREE- MENT WITH A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER. S 5. Section 413 of the social services law is amended by adding a new subdivision 5 to read as follows: 5. ANY PERSON, INSTITUTION OR CORPORATE AGENT HAVING AN AGREEMENT WITH A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER WHICH EMPLOYS PERSONS WHO
ARE MANDATED TO REPORT SUSPECTED INCIDENTS OF CHILD ABUSE OR MALTREAT- MENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL DEVELOP, MAINTAIN AND DISSEMINATE WRITTEN POLICIES AND PROCEDURES PURSUANT TO TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES LAW AND APPLICABLE PROVISIONS OF ARTICLE TEN OF THE FAMILY COURT ACT, REGARDING THE MANDATORY REPORTING OF CHILD ABUSE OR NEGLECT, REPORTING PROCEDURES AND OBLIGATIONS OF PERSONS REQUIRED TO REPORT, PROVISIONS FOR TAKING A CHILD INTO PROTEC- TIVE CUSTODY, MANDATORY REPORTING OF DEATHS, IMMUNITY FROM LIABILITY, PENALTIES FOR FAILURE TO REPORT, AND OBLIGATIONS FOR THE PROVISION OF SERVICES AND PROCEDURES NECESSARY TO SAFEGUARD THE LIFE OR HEALTH OF THE CHILD; AND ESTABLISH, AND IMPLEMENT ON AN ONGOING BASIS, A TRAINING PROGRAM FOR ALL CURRENT AND NEW EMPLOYEES REGARDING THE POLICIES AND PROCEDURES ESTABLISHED PURSUANT TO THIS SUBDIVISION. S 6. This act shall take effect immediately; provided that the amend- ments to paragraph (a) of subdivision 1 of section 413 of the social services law made by section two of this act shall take effect on the same date and in the same manner as section 1 of chapter 205 of the laws of 2014 takes effect; further provided, that the amendments to subdivi- sion 5-a of section 488 of the social services law made by section four of this act shall take effect on the same date and in the same manner as section 2 of chapter 205 of the laws of 2014 takes effect.

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