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 - Dead) 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. LBD04509-01-9A. 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, nineteen16hundred 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 afterA. 1535 3 1January 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, nineteen31hundred 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 generalA. 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 [of36mental 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 allA. 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.