Bill Text: NY A00923 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to mandatory reporting of suspected child abuse or maltreatment at summer day camps; includes college coaches, athletic directors, professors, graduate assistants and college presidents among those required to report such suspected abuse or maltreatment.

Spectrum: Partisan Bill (Republican 21-1)

Status: (Introduced) 2020-01-08 - referred to children and families [A00923 Detail]

Download: New_York-2019-A00923-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           923
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by M. of A. WALSH, CROUCH, GIGLIO, LAWRENCE, ASHBY -- Multi-
          Sponsored by -- M. of A.  BLANKENBUSH,  B. MILLER  --  read  once  and
          referred to the Committee on Children and Families
        AN  ACT  to  amend the social services law and the public health law, in
          relation to mandatory reporting of suspected child abuse or  maltreat-
          ment by certain persons
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (a) of subdivision 1 of section 413 of the social
     2  services law, as amended by section 7 of part C of  chapter  57  of  the
     3  laws of 2018, is amended to read as follows:
     4    (a)  The  following  persons  and  officials are required to report or
     5  cause a report to be made in accordance with this title when  they  have
     6  reasonable  cause  to  suspect  that a child coming before them in their
     7  professional or official capacity is an abused or maltreated  child,  or
     8  when  they have reasonable cause to suspect that a child is an abused or
     9  maltreated child where the parent, guardian, custodian or  other  person
    10  legally  responsible  for  such child comes before them in their profes-
    11  sional or official capacity and states from  personal  knowledge  facts,
    12  conditions or circumstances which, if correct, would render the child an
    13  abused  or maltreated child: any physician; registered physician assist-
    14  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    15  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    16  psychologist; registered nurse; social worker; emergency medical techni-
    17  cian; licensed creative arts therapist;  licensed  marriage  and  family
    18  therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
    19  licensed behavior analyst; certified behavior analyst assistant;  hospi-
    20  tal  personnel  engaged in the admission, examination, care or treatment
    21  of persons; a Christian Science  practitioner;  school  official,  which
    22  includes but is not limited to college coach, athletic director, profes-
    23  sor,  graduate  assistant,  college  administrator,  college  president,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02830-01-9

        A. 923                              2
     1  school teacher, school guidance counselor, school  psychologist,  school
     2  social  worker,  school  nurse,  school  administrator  or  other school
     3  personnel required to hold  a  teaching  or  administrative  license  or
     4  certificate;  full  or part-time compensated school employee required to
     5  hold a temporary coaching license or professional coaching  certificate;
     6  social  services worker; employee of a publicly-funded emergency shelter
     7  for families with children; director or any paid staff member of a chil-
     8  dren's overnight camp, summer day camp or traveling summer day camp,  as
     9  such  camps  are  defined  in section thirteen hundred ninety-two of the
    10  public health law, such paid staff members shall  include,  but  not  be
    11  limited  to,  any  individuals  who  may  interact with children through
    12  employment at such camps or employment at premises where such camps  are
    13  located;  day care center worker; school-age child care worker; provider
    14  of family or group family day care; employee or volunteer in a  residen-
    15  tial  care facility for children that is licensed, certified or operated
    16  by the office of children and family services; or any other  child  care
    17  or foster care worker; mental health professional; substance abuse coun-
    18  selor;  alcoholism  counselor; all persons credentialed by the office of
    19  alcoholism and substance abuse services; employees, who are expected  to
    20  have  regular and substantial contact with children, of a health home or
    21  health home care management agency contracting with  a  health  home  as
    22  designated  by  the  department  of  health and authorized under section
    23  three hundred sixty-five-l of this chapter or such employees who provide
    24  home and community based services under a demonstration program pursuant
    25  to section eleven hundred fifteen of the federal social security act who
    26  are expected to have regular  and  substantial  contact  with  children;
    27  peace  officer;  police officer; district attorney or assistant district
    28  attorney; investigator employed in the office of a district attorney; or
    29  other law enforcement official.
    30    § 2. Subdivision 2 of section  1392  of  the  public  health  law,  as
    31  amended  by  chapter  439  of  the  laws  of 2009, is amended to read as
    32  follows:
    33    2. "Summer day camp" shall mean a property consisting of  a  tract  of
    34  land  and any tents, vehicles, buildings or other structures that may be
    35  pertinent to its use, any part of which may be occupied on  a  scheduled
    36  basis at any time between June first and September fifteenth in any year
    37  by  children  under  sixteen years of age under general supervision, for
    38  the purpose of any indoor or outdoor organized group activities, involv-
    39  ing one or more: (i) nonpassive recreational activities with significant
    40  risk of injury, as such activities are  defined  by  the  department  in
    41  rules and regulations, or (ii) educational programs or activities, for a
    42  period  of  less  than  twenty-four  hours on any day the property is so
    43  occupied, and on which no provisions are made for overnight occupancy by
    44  such children. The commissioner shall have the power to except  by  rule
    45  from  this  article  and the sanitary code a place, facility or activity
    46  that is not within the intent  of  this  definition,  provided  that  no
    47  exception  may  be  granted to a summer day camp which is dedicated to a
    48  single activity if that activity meets  the  criteria  of  a  nonpassive
    49  recreational  activity  with  significant risk of injury or is an educa-
    50  tional program or activity.
    51    § 3. This act shall take effect on the one hundred twentieth day after
    52  it shall have become a law. Effective immediately, the addition,  amend-
    53  ment and/or repeal of any rule or regulation necessary for the implemen-
    54  tation of this act on its effective date are authorized to be made on or
    55  before such date.
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