Bill Text: NY A02211 | 2023-2024 | 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 20-1)

Status: (Introduced) 2024-01-03 - referred to children and families [A02211 Detail]

Download: New_York-2023-A02211-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2211

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by  M.  of  A. WALSH, J. M. GIGLIO, MORINELLO, HAWLEY, McDO-
          NOUGH, SAYEGH, RA, PALMESANO, BRABENEC, TAGUE, SMULLEN, DURSO, JENSEN,
          GALLAHAN, SIMPSON -- Multi-Sponsored by -- M. of A. ANGELINO, BLANKEN-
          BUSH, BYRNES, DeSTEFANO, MANKTELOW, 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,
    24  school teacher, school guidance counselor, school  psychologist,  school

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02231-01-3

        A. 2211                             2

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