Bill Text: NY A01535 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires certain persons and officials required to report suspected child abuse and maltreatment to complete ongoing training; further requires all teachers, school superintendents and licensed professionals who are required to report cases of child abuse and maltreatment to complete training in the reporting of suspected cases of child abuse and maltreatment at least once every 2 years.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-01-08 - referred to children and families [A01535 Detail]

Download: New_York-2019-A01535-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1535
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced  by  M.  of  A.  RICHARDSON  -- read once and referred to the
          Committee on Children and Families
        AN ACT to amend the  social  services  law,  in  relation  to  requiring
          persons  and  officials  required  to  report suspected child abuse or
          maltreatment to complete certain ongoing training; to amend the educa-
          tion law, in relation to requiring  school  superintendents,  teachers
          and  certain  other licensed professionals to complete training in the
          reporting of suspected cases of child abuse and maltreatment;  and  to
          amend  the  executive  law  and  the public health law, in relation to
          child abuse prevention
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 413 of the social services law is amended by adding
     2  a new subdivision 1-a to read as follows:
     3    1-a.  (a)  Every person and official required to report child abuse or
     4  maltreatment, pursuant to subdivision one of this section, shall,  prior
     5  to  assumption  of  the position which requires such reporting, complete
     6  two hours of coursework or training  regarding  the  identification  and
     7  reporting  of  child  abuse and maltreatment; provided that every person
     8  and official holding such a position on or before the effective date  of
     9  this  paragraph  shall  complete  such coursework or training within one
    10  year of the effective date of this subdivision.
    11    (b) Every district attorney, assistant district attorney, police offi-
    12  cer, peace officer, investigator employed in the office of the  district
    13  attorney,  pediatrician, physician who is employed in an emergency room,
    14  registered nurse and registered physician assistant who is employed by a
    15  pediatrician or in an emergency room, teacher, child care worker, foster
    16  care worker, medical  examiner,  coroner,  preventive  services  worker,
    17  child   protective  services  worker,  social  worker  whose  employment
    18  involves regular interaction with children, substance abuse and alcohol-
    19  ism counselor whose employment involves regular interaction  with  chil-
    20  dren,  and  mental health professional whose employment involves regular
    21  interaction with children required to report child  abuse  or  maltreat-
    22  ment,  pursuant to subdivision one of this section, shall, not less than
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04509-01-9

        A. 1535                             2
     1  once every two years, complete two and one-half hours of  coursework  or
     2  training  regarding  the identification and reporting of child abuse and
     3  maltreatment.   Such continuing coursework or  training  shall,  to  the
     4  greatest  extent possible, include advanced training which builds on the
     5  initial or earlier coursework required in this subdivision.
     6    (c) Except as otherwise provided by the education law, the  office  of
     7  children  and family services shall approve and/or establish the course-
     8  work and training required to implement the provisions of this  subdivi-
     9  sion.    Such coursework and training may be developed so that it can be
    10  offered through various means including, but not  limited  to,  internet
    11  based courses and teleconferences.
    12    § 2. Subdivision 4 of section 3003 of the education law, as amended by
    13  chapter 737 of the laws of 1992, is amended to read as follows:
    14    4.  Notwithstanding any other provision of law, the commissioner shall
    15  require that any person applying[, on or after January  first,  nineteen
    16  hundred  ninety-one,] for a superintendent's certificate shall, in addi-
    17  tion to all the other requirements, have completed two hours of  course-
    18  work  or  training  regarding  the identification and reporting of child
    19  abuse and maltreatment, and shall thereafter complete two  and  one-half
    20  additional  hours  of  such  coursework  or training at least once every
    21  period of two years.   Such coursework or  training  shall  be  provided
    22  pursuant  to  section sixty-five hundred two-a of this chapter as if the
    23  superintendent was an applicant for or holder of a license to practice a
    24  profession pursuant to title eight of this chapter.   The coursework  or
    25  training  shall  be  obtained  from an institution or provider which has
    26  been approved by the department to provide such coursework or  training.
    27  The coursework or training shall include information regarding the phys-
    28  ical  and  behavioral indicators of child abuse and maltreatment and the
    29  statutory reporting requirements set out in sections four hundred  thir-
    30  teen  through  four hundred twenty of the social services law, including
    31  but not limited to, when and how a  report  must  be  made,  what  other
    32  actions  the  reporter  is  mandated  or  authorized  to take, the legal
    33  protections afforded reporters, and  the  consequences  for  failing  to
    34  report.  Each  applicant shall provide the department with documentation
    35  showing that he or she has completed the required training.
    36    § 3. Section 3209-a of the education law, as added by chapter  504  of
    37  the laws of 1988, is amended to read as follows:
    38    § 3209-a. Child  abuse prevention.   Each school district of the state
    39  shall: (1) develop, maintain and disseminate written policies and proce-
    40  dures pursuant to title six of article six of the  social  services  law
    41  and  applicable  provisions  of  article  ten  of  the family court act,
    42  regarding the mandatory reporting of child abuse or  neglect,  reporting
    43  procedures and obligations of persons required to report, provisions for
    44  taking  a  child into protective custody, mandatory reporting of deaths,
    45  immunity from liability, penalties for failure to report and obligations
    46  for the provision of services and procedures necessary to safeguard  the
    47  life  or  health  of  the  child; and (2) establish, and implement on an
    48  ongoing basis, a training program for all current and new  school  offi-
    49  cials regarding the policies and procedures established pursuant to this
    50  section  and  the signs and symptoms that school officials may be likely
    51  to encounter which may indicate the presence of child abuse or maltreat-
    52  ment.
    53    § 4. Subdivision 2 of section 3004 of the education law, as amended by
    54  chapter 737 of the laws of 1992, is amended to read as follows:
    55    2. Notwithstanding any other provision of law, the commissioner  shall
    56  prescribe  regulations requiring that all persons applying[, on or after

        A. 1535                             3

     1  January first,  nineteen  hundred  ninety-one,]  for  a  certificate  or
     2  license  to  be  a  teacher  shall, in addition to all the other certif-
     3  ication or licensure requirements, have completed two hours  of  course-
     4  work  or  training  regarding  the identification and reporting of child
     5  abuse and maltreatment, and shall thereafter complete two  and  one-half
     6  additional  hours  of  such  coursework  or training at least once every
     7  period of two years. Such  coursework  or  training  shall  be  provided
     8  pursuant  to  section sixty-five hundred two-a of this chapter as if the
     9  teacher was an applicant for or  holder  of  a  license  to  practice  a
    10  profession  pursuant  to  title eight of this chapter. The coursework or
    11  training shall be obtained from an institution  or  provider  which  has
    12  been  approved by the department to provide such coursework or training.
    13  The coursework or training shall include information regarding the phys-
    14  ical and behavioral indicators of child abuse and maltreatment  and  the
    15  statutory  reporting requirements set out in sections four hundred thir-
    16  teen through four hundred twenty of the social services  law,  including
    17  but  not  limited  to,  when  and  how a report must be made, what other
    18  actions the reporter is  mandated  or  authorized  to  take,  the  legal
    19  protections  afforded  reporters,  and  the  consequences for failing to
    20  report. Each applicant shall provide the department  with  documentation
    21  showing that he or she has completed the required training.
    22    §  5.  The  closing paragraph of section 3007 of the education law, as
    23  amended by chapter 544 of the laws  of  1988,  is  amended  to  read  as
    24  follows:
    25    Such  endorsement confers on the holder of such diploma or certificate
    26  the privileges conferred by law on the holder of the diploma of a  state
    27  teachers  college  or  state  college  for teachers or state certificate
    28  issued in this state. Notwithstanding any other provision  of  law,  the
    29  commissioner  shall  require  that  any  person seeking endorsement of a
    30  foreign certificate or diploma[, on or  after  January  first,  nineteen
    31  hundred  ninety-one,]  shall  have  completed two hours of coursework or
    32  training regarding the identification and reporting of child  abuse  and
    33  maltreatment,  and shall thereafter complete two and one-half additional
    34  hours of such coursework or training at least once every period  of  two
    35  years. Such coursework or training shall be provided pursuant to section
    36  sixty-five hundred two-a of this chapter as if the teacher was an appli-
    37  cant  for  or  holder  of a license to practice a profession pursuant to
    38  title eight of  this  chapter.  The  coursework  or  training  shall  be
    39  obtained  from an institution or provider which has been approved by the
    40  department to provide such [course work]  coursework  or  training.  The
    41  coursework  or training shall include information regarding the physical
    42  and behavioral indicators of child abuse and maltreatment and the statu-
    43  tory reporting requirements set out in sections  four  hundred  thirteen
    44  through  four  hundred  twenty of the social services law, including but
    45  not limited to, when and how a report must be made, what  other  actions
    46  the  reporter  is  mandated or authorized to take, the legal protections
    47  afforded reporters, and the consequences for  failing  to  report.  Each
    48  applicant  shall  provide the department with documentation showing that
    49  he or she has completed the required training.
    50    § 6. Subdivision 1 of section 6501 of the education law, as amended by
    51  chapter 299 of the laws of 2016, is amended to read as follows:
    52    1. Admission to practice of a profession in this state is accomplished
    53  by a license being issued to a  qualified  applicant  by  the  education
    54  department.  To  qualify  for  a  license  an  applicant  shall meet the
    55  requirements prescribed in the article for the particular profession and
    56  shall meet the requirements prescribed in section 3-503 of  the  general

        A. 1535                             4
     1  obligations  law  and,  where  applicable,  the  requirements of section
     2  sixty-five hundred two-a of this subarticle.
     3    § 7. Subdivision 1 of section 6502 of the education law, as amended by
     4  chapter 599 of the laws of 1996, is amended to read as follows:
     5    1.  A  license  shall  be  valid  during the life of the holder unless
     6  revoked, annulled or suspended by the board of regents or in the case of
     7  physicians, physicians practicing under a  limited  permit,  physician's
     8  assistants,  specialist's assistants and medical residents, the licensee
     9  is stricken from the roster of such licensees by the board of regents on
    10  the order of the state board for professional  medical  conduct  in  the
    11  department  of  health. A licensee must register with the department and
    12  meet the requirements prescribed in section 3-503 of the  general  obli-
    13  gations  law  and,  where applicable, the requirements of section sixty-
    14  five hundred two-a of this subarticle to practice in this state.
    15    § 8. The education law is amended by adding a new  section  6502-a  to
    16  read as follows:
    17    §  6502-a. Mandated reporting of suspected child abuse or maltreatment
    18  training. 1. Each applicant for  a  license  to  practice  a  profession
    19  pursuant  to  this title, the practice of which requires the licensee to
    20  report suspected cases of  child  abuse  and  maltreatment  pursuant  to
    21  section  four  hundred thirteen of the social services law, shall, prior
    22  to being licensed to practice such profession,  complete  two  hours  of
    23  coursework  or  training  regarding  the identification and reporting of
    24  child abuse and  maltreatment.  Every  person  licensed  to  practice  a
    25  profession  pursuant  to  this title prior to the effective date of this
    26  section, the practice of which requires the licensee to report suspected
    27  cases of child abuse and maltreatment pursuant to section  four  hundred
    28  thirteen  of  the social services law, shall complete such coursework or
    29  training within one year of the effective date of this section.
    30    2. Each person required to complete coursework or training pursuant to
    31  subdivision one of this section, who is employed or serves in a position
    32  listed in paragraph (b) of subdivision one-a  of  section  four  hundred
    33  thirteen  of the social services law, shall thereafter complete an addi-
    34  tional two and one-half hours of coursework or  training  regarding  the
    35  identification  and  reporting  of child abuse and maltreatment at least
    36  once every period of two years.  Such continuing coursework or  training
    37  shall,  to the greatest extent possible, include advanced training which
    38  builds on the initial or earlier coursework required  in  this  subdivi-
    39  sion.
    40    3.  The  department  may  develop  a training curriculum regarding the
    41  identification and reporting of child abuse and maltreatment which shall
    42  be used to provide the coursework and training required by this section,
    43  provided, however, that if the department shall fail to develop  such  a
    44  training curriculum, then the required curriculum for the coursework and
    45  training  required  by  this  section  shall  be the training curriculum
    46  relating  thereto  developed  by  the  office  of  children  and  family
    47  services. Every training curriculum developed by the department pursuant
    48  to  this  subdivision  shall be subject to the approval of the office of
    49  children and family services.  The department shall require every insti-
    50  tution and provider of coursework or training pursuant to  this  section
    51  to  utilize an approved curriculum.  Such coursework and training may be
    52  developed so that it can be offered through various means including, but
    53  not limited to, internet based courses and teleconferences.
    54    § 9. Paragraph a of subdivision 3 of section  6507  of  the  education
    55  law,  as  amended by chapter 554 of the laws of 2013, is amended to read
    56  as follows:

        A. 1535                             5
     1    a. Establish standards for preprofessional and professional education,
     2  experience and licensing examinations as required to implement the arti-
     3  cle for each profession. Notwithstanding any other provision of law, the
     4  commissioner shall establish standards requiring that all persons apply-
     5  ing[,  on or after January first, nineteen hundred ninety-one,] initial-
     6  ly, or for the renewal of, a license, registration or limited permit  to
     7  be  a  physician,  chiropractor,  dentist, registered nurse, podiatrist,
     8  optometrist, psychiatrist, psychologist, licensed master social  worker,
     9  licensed  clinical  social  worker,  licensed  creative  arts therapist,
    10  licensed marriage and family therapist, licensed mental  health  counse-
    11  lor,   licensed   psychoanalyst,  dental  hygienist,  licensed  behavior
    12  analyst, [or] certified behavior analyst assistant or any other  profes-
    13  sion  which  is  required  to  report cases of suspected child abuse and
    14  maltreatment, pursuant to section four hundred thirteen  of  the  social
    15  services  law,  shall,  in  addition to all the other licensure, certif-
    16  ication or permit requirements, have completed two hours  of  coursework
    17  or  training  regarding  the identification and reporting of child abuse
    18  and maltreatment and if they are listed in paragraph (b) of  subdivision
    19  one-a of section four hundred thirteen of the social services law, shall
    20  thereafter complete two and one-half additional hours of such coursework
    21  or  training  at least once every period of two years in accordance with
    22  the provisions of section sixty-five hundred two-a of this article.  The
    23  coursework or training shall be obtained from an institution or provider
    24  which has been approved by the department to provide such coursework  or
    25  training. The coursework or training shall include information regarding
    26  the  physical  and behavioral indicators of child abuse and maltreatment
    27  and the statutory  reporting  requirements  set  out  in  sections  four
    28  hundred thirteen through four hundred twenty of the social services law,
    29  including  but  not limited to, when and how a report must be made, what
    30  other actions the reporter is mandated or authorized to take, the  legal
    31  protections  afforded  reporters,  and  the  consequences for failing to
    32  report. Such coursework or training may also include information regard-
    33  ing the physical and behavioral indicators of the abuse  of  individuals
    34  with  [mental  retardation  and  other]  developmental  disabilities and
    35  voluntary reporting of abused or neglected  adults  to  the  office  [of
    36  mental  retardation  and]  for people with developmental disabilities or
    37  the local adult protective services unit. Each applicant  shall  provide
    38  the  department  with documentation showing that he or she has completed
    39  the required training. The department shall provide  an  exemption  from
    40  the  child abuse and maltreatment training requirements to any applicant
    41  who requests such an exemption and who shows, to the department's satis-
    42  faction, that there would be no need because of the nature of his or her
    43  practice for him or her to complete such training;
    44    § 10. Section 214-a of the executive law, as added by chapter  504  of
    45  the laws of 1988, is amended to read as follows:
    46    § 214-a. Child  abuse  prevention.  The  superintendent shall, for all
    47  members of the state police: (1) develop, maintain and disseminate writ-
    48  ten policies and procedures pursuant to title six of article six of  the
    49  social  services  law  and  applicable  provisions of article ten of the
    50  family court act, regarding the mandatory reporting of  child  abuse  or
    51  neglect,  reporting  procedures  and  obligations of persons required to
    52  report, provisions for taking a child into protective custody, mandatory
    53  reporting of deaths, immunity from liability, penalties for  failure  to
    54  report  and  obligations  for  the  provision of services and procedures
    55  necessary to safeguard the life or health of the child; [and] (2) estab-
    56  lish, and implement on an ongoing basis,  a  training  program  for  all

        A. 1535                             6
     1  current  and  new employees regarding the policies and procedures estab-
     2  lished pursuant to this section; and (3) establish, and implement on  an
     3  ongoing  basis, a training program for all current and new employees who
     4  are  likely  to  come  into contact with children in the course of their
     5  professional duties, regarding the identification and  investigation  of
     6  child  abuse  and  maltreatment  and  any protocols that exist regarding
     7  investigating suspected incidents of child abuse and maltreatment joint-
     8  ly with local departments of social services.
     9    § 11. Paragraph (j) of subdivision 1 of section 840 of  the  executive
    10  law,  as  amended by chapter 617 of the laws of 1990, is amended to read
    11  as follows:
    12    (j) (1) Development, maintenance and dissemination of written policies
    13  and procedures pursuant to title  six  of  article  six  of  the  social
    14  services  law  and  applicable  provisions  of article ten of the family
    15  court act, regarding the mandatory reporting of child abuse or  neglect,
    16  reporting  procedures  and  obligations  of  persons required to report,
    17  provisions for taking a child into protective custody, mandatory report-
    18  ing of deaths, immunity from liability, penalties for failure to  report
    19  and  obligations  for the provision of services and procedures necessary
    20  to safeguard the life or health of  the  child;  (2)  establishment  and
    21  implementation  on  an  ongoing  basis,  of  a  training program for all
    22  current and new police officers regarding the  policies  and  procedures
    23  established pursuant to this paragraph and the identification and inves-
    24  tigation  of  child  abuse and maltreatment and any protocols that exist
    25  regarding investigating suspected incidents of child abuse and maltreat-
    26  ment jointly with local departments of social services; and  (3)  estab-
    27  lishment  of a training program for police officers whose main responsi-
    28  bilities are juveniles and the laws pertaining thereto,  which  training
    29  program shall be successfully completed before such officers are accred-
    30  ited pursuant to section eight hundred forty-six-h of this chapter.
    31    § 12. Section 2805-n of the public health law, as added by chapter 504
    32  of the laws of 1988, is amended to read as follows:
    33    §  2805-n.  Child abuse prevention.  All hospitals shall: (i) develop,
    34  maintain and disseminate written policies  and  procedures  pursuant  to
    35  title  six  of  article  six  of  the social services law and applicable
    36  provisions of article ten of the family court act, regarding the  manda-
    37  tory reporting of child abuse or neglect, reporting procedures and obli-
    38  gations  of  persons  required  to report, provisions for taking a child
    39  into protective custody, mandatory reporting of  deaths,  immunity  from
    40  liability,  penalties  for  failure  to  report  and obligations for the
    41  provision of services and procedures necessary to safeguard the life  or
    42  health  of  the child; [and] (ii) establish, and implement on an ongoing
    43  basis, a training program for all current and  new  employees  regarding
    44  the  policies  and  procedures established pursuant to this section; and
    45  (iii) establish and implement, on an ongoing basis, a  training  program
    46  for all current and new employees who regularly assess injuries in chil-
    47  dren regarding the identification of child abuse and maltreatment.
    48    §  13.  This  act  shall  take effect on the one hundred twentieth day
    49  after it shall have become a law. Effective  immediately  the  promulga-
    50  tion,  amendment  and/or  repeal  of any rule or regulation necessary to
    51  implement the provisions of this act on its effective date  are  author-
    52  ized to be completed on or before such date.
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