Bill Text: NY A06662 | 2019-2020 | General Assembly | Amended

Bill Title: Enacts the child abuse reporting expansion act; relates to making clergy members required reporters of child abuse or mistreatment.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2020-07-13 - reported referred to codes [A06662 Detail]

Download: New_York-2019-A06662-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     March 14, 2019

        Introduced  by  M. of A. WALLACE, SIMOTAS, D'URSO, BURKE, SIMON, STIRPE,
          BUTTENSCHON -- read once and referred to the Committee on Children and
          Families -- recommitted to the Committee on Children and  Families  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-

        AN ACT to amend the social services law, in relation to establishing the
          "child abuse reporting expansion act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may  be  cited  as  the  "child
     2  abuse reporting expansion act".
     3    §  2.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
     4  services law, as amended by section 7 of part C of  chapter  57  of  the
     5  laws of 2018, is amended to read as follows:
     6    (a)  The  following  persons  and  officials are required to report or
     7  cause a report to be made in accordance with this title when  they  have
     8  reasonable  cause  to  suspect  that a child coming before them in their
     9  professional or official capacity is an abused or maltreated  child,  or
    10  when  they have reasonable cause to suspect that a child is an abused or
    11  maltreated child where  the  parent,  guardian,  custodian  [or],  other
    12  person  legally  responsible  for  such child comes before them in their
    13  professional or official capacity and  states  from  personal  knowledge
    14  facts,  conditions  or circumstances which, if correct, would render the
    15  child an abused or maltreated child: any physician; registered physician
    16  assistant; surgeon; medical examiner; coroner; dentist;  dental  hygien-
    17  ist; osteopath; optometrist; chiropractor; podiatrist; resident; intern;
    18  psychologist; registered nurse; social worker; emergency medical techni-
    19  cian;  licensed  creative  arts  therapist; licensed marriage and family
    20  therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
    21  licensed  behavior analyst; certified behavior analyst assistant; hospi-

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

        A. 6662--A                          2

     1  tal personnel engaged in the admission, examination, care  or  treatment
     2  of  persons;  a  Christian  Science practitioner; clergy member or other
     3  minister of any religion; school official, which  includes  but  is  not
     4  limited  to  school  teacher, school guidance counselor, school psychol-
     5  ogist, school social worker, school nurse, school administrator or other
     6  school personnel required to hold a teaching or  administrative  license
     7  or  certificate;  full or part-time compensated school employee required
     8  to hold a temporary coaching license or  professional  coaching  certif-
     9  icate;  social  services worker; employee of a publicly-funded emergency
    10  shelter for families with children; director of a  children's  overnight
    11  camp,  summer  day  camp or traveling summer day camp, as such camps are
    12  defined in section thirteen hundred ninety-two of the public health law;
    13  day care center worker; school-age child care worker; provider of family
    14  or group family day care; employee or volunteer in  a  residential  care
    15  facility  for  children  that  is licensed, certified or operated by the
    16  office of children and family services;  or  any  other  child  care  or
    17  foster  care worker; mental health professional; substance abuse counse-
    18  lor; 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    § 3. This act shall take effect immediately.