Bill Text: NY A07030 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires certain persons and officials required to report suspected child abuse and maltreatment to complete ongoing training; further 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 15-0)
Status: (Introduced - Dead) 2012-01-04 - referred to children and families [A07030 Detail]
Download: New_York-2011-A07030-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7030 2011-2012 Regular Sessions I N A S S E M B L Y April 11, 2011 ___________ Introduced by M. of A. SCARBOROUGH, DINOWITZ, N. RIVERA, COOK, CLARK, ROSENTHAL, PHEFFER, JAFFEE -- Multi-Sponsored by -- M. of A. BOYLAND, MAISEL, McENENY, REILLY, SCHIMEL, TITONE -- 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03576-01-1 A. 7030 2 1 INTERACTION WITH CHILDREN REQUIRED TO REPORT CHILD ABUSE OR MALTREAT- 2 MENT, PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL, NOT LESS THAN 3 ONCE EVERY TWO YEARS, COMPLETE TWO AND ONE-HALF HOURS OF COURSEWORK OR 4 TRAINING REGARDING THE IDENTIFICATION AND REPORTING OF CHILD ABUSE AND 5 MALTREATMENT. SUCH CONTINUING COURSEWORK OR TRAINING SHALL, TO THE 6 GREATEST EXTENT POSSIBLE, INCLUDE ADVANCED TRAINING WHICH BUILDS ON THE 7 INITIAL OR EARLIER COURSEWORK REQUIRED IN THIS SUBDIVISION. 8 (C) EXCEPT AS OTHERWISE PROVIDED BY THE EDUCATION LAW, THE OFFICE OF 9 CHILDREN AND FAMILY SERVICES SHALL APPROVE AND/OR ESTABLISH THE COURSE- 10 WORK AND TRAINING REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVI- 11 SION. SUCH COURSEWORK AND TRAINING MAY BE DEVELOPED SO THAT IT CAN BE 12 OFFERED THROUGH VARIOUS MEANS INCLUDING, BUT NOT LIMITED TO, INTERNET 13 BASED COURSES AND TELECONFERENCES. 14 S 2. Subdivision 4 of section 3003 of the education law, as amended by 15 chapter 737 of the laws of 1992, is amended to read as follows: 16 4. Notwithstanding any other provision of law, the commissioner shall 17 require that any person applying[, on or after January first, nineteen 18 hundred ninety-one,] for a superintendent's certificate shall, in addi- 19 tion to all the other requirements, have completed two hours of course- 20 work or training regarding the identification and reporting of child 21 abuse and maltreatment, AND SHALL THEREAFTER COMPLETE TWO AND ONE-HALF 22 ADDITIONAL HOURS OF SUCH COURSEWORK OR TRAINING AT LEAST ONCE EVERY 23 PERIOD OF TWO YEARS. SUCH COURSEWORK OR TRAINING SHALL BE PROVIDED 24 PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS CHAPTER AS IF THE 25 SUPERINTENDENT WAS AN APPLICANT FOR OR HOLDER OF A LICENSE TO PRACTICE A 26 PROFESSION PURSUANT TO TITLE EIGHT OF THIS CHAPTER. The coursework or 27 training shall be obtained from an institution or provider which has 28 been approved by the department to provide such coursework or training. 29 The coursework or training shall include information regarding the phys- 30 ical and behavioral indicators of child abuse and maltreatment and the 31 statutory reporting requirements set out in sections four hundred thir- 32 teen through four hundred twenty of the social services law, including 33 but not limited to, when and how a report must be made, what other 34 actions the reporter is mandated or authorized to take, the legal 35 protections afforded reporters, and the consequences for failing to 36 report. Each applicant shall provide the department with documentation 37 showing that he or she has completed the required training. 38 S 3. Section 3209-a of the education law, as added by chapter 504 of 39 the laws of 1988, is amended to read as follows: 40 S 3209-a. Child abuse prevention. Each school district of the state 41 shall: (1) develop, maintain and disseminate written policies and proce- 42 dures pursuant to title six of article six of the social services law 43 and applicable provisions of article ten of the family court act, 44 regarding the mandatory reporting of child abuse or neglect, reporting 45 procedures and obligations of persons required to report, provisions for 46 taking a child into protective custody, mandatory reporting of deaths, 47 immunity from liability, penalties for failure to report and obligations 48 for the provision of services and procedures necessary to safeguard the 49 life or health of the child; and (2) establish, and implement on an 50 ongoing basis, a training program for all current and new school offi- 51 cials regarding the policies and procedures established pursuant to this 52 section AND THE SIGNS AND SYMPTOMS THAT SCHOOL OFFICIALS MAY BE LIKELY 53 TO ENCOUNTER WHICH MAY INDICATE THE PRESENCE OF CHILD ABUSE OR MALTREAT- 54 MENT. 55 S 4. Subdivision 2 of section 3004 of the education law, as amended by 56 chapter 737 of the laws of 1992, is amended to read as follows: A. 7030 3 1 2. Notwithstanding any other provision of law, the commissioner shall 2 prescribe regulations requiring that all persons applying[, on or after 3 January first, nineteen hundred ninety-one,] for a certificate or 4 license to be a teacher shall, in addition to all the other certif- 5 ication or licensure requirements, have completed two hours of course- 6 work or training regarding the identification and reporting of child 7 abuse and maltreatment, AND SHALL THEREAFTER COMPLETE TWO AND ONE-HALF 8 ADDITIONAL HOURS OF SUCH COURSEWORK OR TRAINING AT LEAST ONCE EVERY 9 PERIOD OF TWO YEARS. SUCH COURSEWORK OR TRAINING SHALL BE PROVIDED 10 PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS CHAPTER AS IF THE 11 TEACHER WAS AN APPLICANT FOR OR HOLDER OF A LICENSE TO PRACTICE A 12 PROFESSION PURSUANT TO TITLE EIGHT OF THIS CHAPTER. The coursework or 13 training shall be obtained from an institution or provider which has 14 been approved by the department to provide such coursework or training. 15 The coursework or training shall include information regarding the phys- 16 ical and behavioral indicators of child abuse and maltreatment and the 17 statutory reporting requirements set out in sections four hundred thir- 18 teen through four hundred twenty of the social services law, including 19 but not limited to, when and how a report must be made, what other 20 actions the reporter is mandated or authorized to take, the legal 21 protections afforded reporters, and the consequences for failing to 22 report. Each applicant shall provide the department with documentation 23 showing that he or she has completed the required training. 24 S 5. The closing paragraph of section 3007 of the education law, as 25 amended by chapter 544 of the laws of 1988, is amended to read as 26 follows: 27 Such endorsement confers on the holder of such diploma or certificate 28 the privileges conferred by law on the holder of the diploma of a state 29 teachers college or state college for teachers or state certificate 30 issued in this state. Notwithstanding any other provision of law, the 31 commissioner shall require that any person seeking endorsement of a 32 foreign certificate or diploma[, on or after January first, nineteen 33 hundred ninety-one,] shall have completed two hours of coursework or 34 training regarding the identification and reporting of child abuse and 35 maltreatment, AND SHALL THEREAFTER COMPLETE TWO AND ONE-HALF ADDITIONAL 36 HOURS OF SUCH COURSEWORK OR TRAINING AT LEAST ONCE EVERY PERIOD OF TWO 37 YEARS. SUCH COURSEWORK OR TRAINING SHALL BE PROVIDED PURSUANT TO SECTION 38 SIXTY-FIVE HUNDRED TWO-A OF THIS CHAPTER AS IF THE TEACHER WAS AN APPLI- 39 CANT FOR OR HOLDER OF A LICENSE TO PRACTICE A PROFESSION PURSUANT TO 40 TITLE EIGHT OF THIS CHAPTER. The coursework or training shall be 41 obtained from an institution or provider which has been approved by the 42 department to provide such [course work] COURSEWORK or training. The 43 coursework or training shall include information regarding the physical 44 and behavioral indicators of child abuse and maltreatment and the statu- 45 tory reporting requirements set out in sections four hundred thirteen 46 through four hundred twenty of the social services law, including but 47 not limited to, when and how a report must be made, what other actions 48 the reporter is mandated or authorized to take, the legal protections 49 afforded reporters, and the consequences for failing to report. Each 50 applicant shall provide the department with documentation showing that 51 he or she has completed the required training. 52 S 6. Section 6501 of the education law, as amended by chapter 81 of 53 the laws of 1995, is amended to read as follows: 54 S 6501. Admission to a profession (licensing). Admission to practice 55 of a profession in this state is accomplished by a license being issued 56 to a qualified applicant by the education department. To qualify for a A. 7030 4 1 license an applicant shall meet the requirements prescribed in the arti- 2 cle for the particular profession and shall meet the requirements 3 prescribed in section 3-503 of the general obligations law AND, WHERE 4 APPLICABLE, THE REQUIREMENTS OF SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS 5 SUBARTICLE. 6 S 7. Subdivision 1 of section 6502 of the education law, as amended by 7 chapter 599 of the laws of 1996, is amended to read as follows: 8 1. A license shall be valid during the life of the holder unless 9 revoked, annulled or suspended by the board of regents or in the case of 10 physicians, physicians practicing under a limited permit, physician's 11 assistants, specialist's assistants and medical residents, the licensee 12 is stricken from the roster of such licensees by the board of regents on 13 the order of the state board for professional medical conduct in the 14 department of health. A licensee must register with the department and 15 meet the requirements prescribed in section 3-503 of the general obli- 16 gations law AND, WHERE APPLICABLE, THE REQUIREMENTS OF SECTION 17 SIXTY-FIVE HUNDRED TWO-A OF THIS SUBARTICLE to practice in this state. 18 S 8. The education law is amended by adding a new section 6502-a to 19 read as follows: 20 S 6502-A. MANDATED REPORTING OF SUSPECTED CHILD ABUSE OR MALTREATMENT 21 TRAINING. 1. EACH APPLICANT FOR A LICENSE TO PRACTICE A PROFESSION 22 PURSUANT TO THIS TITLE, THE PRACTICE OF WHICH REQUIRES THE LICENSEE TO 23 REPORT SUSPECTED CASES OF CHILD ABUSE AND MALTREATMENT PURSUANT TO 24 SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL, PRIOR 25 TO BEING LICENSED TO PRACTICE SUCH PROFESSION, COMPLETE TWO HOURS OF 26 COURSEWORK OR TRAINING REGARDING THE IDENTIFICATION AND REPORTING OF 27 CHILD ABUSE AND MALTREATMENT. EVERY PERSON LICENSED TO PRACTICE A 28 PROFESSION PURSUANT TO THIS TITLE PRIOR TO THE EFFECTIVE DATE OF THIS 29 SECTION, THE PRACTICE OF WHICH REQUIRES THE LICENSEE TO REPORT SUSPECTED 30 CASES OF CHILD ABUSE AND MALTREATMENT PURSUANT TO SECTION FOUR HUNDRED 31 THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL COMPLETE SUCH COURSEWORK OR 32 TRAINING WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION. 33 2. EACH PERSON REQUIRED TO COMPLETE COURSEWORK OR TRAINING PURSUANT TO 34 SUBDIVISION ONE OF THIS SECTION, WHO IS EMPLOYED OR SERVES IN A POSITION 35 LISTED IN PARAGRAPH (B) OF SUBDIVISION ONE-A OF SECTION FOUR HUNDRED 36 THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL THEREAFTER COMPLETE AN ADDI- 37 TIONAL TWO AND ONE-HALF HOURS OF COURSEWORK OR TRAINING REGARDING THE 38 IDENTIFICATION AND REPORTING OF CHILD ABUSE AND MALTREATMENT AT LEAST 39 ONCE EVERY PERIOD OF TWO YEARS. SUCH CONTINUING COURSEWORK OR TRAINING 40 SHALL, TO THE GREATEST EXTENT POSSIBLE, INCLUDE ADVANCED TRAINING WHICH 41 BUILDS ON THE INITIAL OR EARLIER COURSEWORK REQUIRED IN THIS SUBDIVI- 42 SION. 43 3. THE DEPARTMENT MAY DEVELOP A TRAINING CURRICULUM REGARDING THE 44 IDENTIFICATION AND REPORTING OF CHILD ABUSE AND MALTREATMENT WHICH SHALL 45 BE USED TO PROVIDE THE COURSEWORK AND TRAINING REQUIRED BY THIS SECTION, 46 PROVIDED, HOWEVER, THAT IF THE DEPARTMENT SHALL FAIL TO DEVELOP SUCH A 47 TRAINING CURRICULUM, THEN THE REQUIRED CURRICULUM FOR THE COURSEWORK AND 48 TRAINING REQUIRED BY THIS SECTION SHALL BE THE TRAINING CURRICULUM 49 RELATING THERETO DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY 50 SERVICES. EVERY TRAINING CURRICULUM DEVELOPED BY THE DEPARTMENT PURSUANT 51 TO THIS SUBDIVISION SHALL BE SUBJECT TO THE APPROVAL OF THE OFFICE OF 52 CHILDREN AND FAMILY SERVICES. THE DEPARTMENT SHALL REQUIRE EVERY INSTI- 53 TUTION AND PROVIDER OF COURSEWORK OR TRAINING PURSUANT TO THIS SECTION 54 TO UTILIZE AN APPROVED CURRICULUM. SUCH COURSEWORK AND TRAINING MAY BE 55 DEVELOPED SO THAT IT CAN BE OFFERED THROUGH VARIOUS MEANS INCLUDING, BUT 56 NOT LIMITED TO, INTERNET BASED COURSES AND TELECONFERENCES. A. 7030 5 1 S 9. Paragraph a of subdivision 3 of section 6507 of the education 2 law, as amended by chapter 356 of the laws of 2006, is amended to read 3 as follows: 4 a. Establish standards for preprofessional and professional education, 5 experience and licensing examinations as required to implement the arti- 6 cle for each profession. Notwithstanding any other provision of law, the 7 commissioner shall establish standards requiring that all persons apply- 8 ing[, on or after January first, nineteen hundred ninety-one,] initial- 9 ly, or for the renewal of, a license, registration or limited permit to 10 be a physician, chiropractor, dentist, registered nurse, podiatrist, 11 optometrist, psychiatrist, psychologist, licensed master social worker, 12 licensed clinical social worker, licensed creative arts therapist, 13 licensed marriage and family therapist, licensed mental health counse- 14 lor, licensed psychoanalyst, [or] dental hygienist OR ANY OTHER PROFES- 15 SION WHICH IS REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE AND 16 MALTREATMENT, PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL 17 SERVICES LAW, shall, in addition to all the other licensure, certif- 18 ication or permit requirements, have completed two hours of coursework 19 or training regarding the identification and reporting of child abuse 20 and maltreatment, AND IF THEY ARE LISTED IN PARAGRAPH (B) OF SUBDIVISION 21 ONE-A OF SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW, SHALL 22 THEREAFTER COMPLETE TWO AND ONE-HALF ADDITIONAL HOURS OF SUCH COURSEWORK 23 OR TRAINING AT LEAST ONCE EVERY PERIOD OF TWO YEARS IN ACCORDANCE WITH 24 THE PROVISIONS OF SECTION SIXTY-FIVE HUNDRED TWO-A OF THIS ARTICLE. The 25 coursework or training shall be obtained from an institution or provider 26 which has been approved by the department to provide such coursework or 27 training. The coursework or training shall include information regarding 28 the physical and behavioral indicators of child abuse and maltreatment 29 and the statutory reporting requirements set out in sections four 30 hundred thirteen through four hundred twenty of the social services law, 31 including but not limited to, when and how a report must be made, what 32 other actions the reporter is mandated or authorized to take, the legal 33 protections afforded reporters, and the consequences for failing to 34 report. Such coursework or training may also include information regard- 35 ing the physical and behavioral indicators of the abuse of individuals 36 with mental retardation and other developmental disabilities and volun- 37 tary reporting of abused or neglected adults to the office of mental 38 retardation and developmental disabilities or the local adult protective 39 services unit. Each applicant shall provide the department with documen- 40 tation showing that he or she has completed the required training. The 41 department shall provide an exemption from the child abuse and maltreat- 42 ment training requirements to any applicant who requests such an 43 exemption and who shows, to the department's satisfaction, that there 44 would be no need because of the nature of his or her practice for him or 45 her to complete such training; 46 S 10. Section 214-a of the executive law, as added by chapter 504 of 47 the laws of 1988, is amended to read as follows: 48 S 214-a. Child abuse prevention. The superintendent shall, for all 49 members of the state police: (1) develop, maintain and disseminate writ- 50 ten policies and procedures pursuant to title six of article six of the 51 social services law and applicable provisions of article ten of the 52 family court act, regarding the mandatory reporting of child abuse or 53 neglect, reporting procedures and obligations of persons required to 54 report, provisions for taking a child into protective custody, mandatory 55 reporting of deaths, immunity from liability, penalties for failure to 56 report and obligations for the provision of services and procedures A. 7030 6 1 necessary to safeguard the life or health of the child; [and] (2) estab- 2 lish, and implement on an ongoing basis, a training program for all 3 current and new employees regarding the policies and procedures estab- 4 lished pursuant to this section; AND (3) ESTABLISH, AND IMPLEMENT ON AN 5 ONGOING BASIS, A TRAINING PROGRAM FOR ALL CURRENT AND NEW EMPLOYEES WHO 6 ARE LIKELY TO COME INTO CONTACT WITH CHILDREN IN THE COURSE OF THEIR 7 PROFESSIONAL DUTIES, REGARDING THE IDENTIFICATION AND INVESTIGATION OF 8 CHILD ABUSE AND MALTREATMENT AND ANY PROTOCOLS THAT EXIST REGARDING 9 INVESTIGATING SUSPECTED INCIDENTS OF CHILD ABUSE AND MALTREATMENT JOINT- 10 LY WITH LOCAL DEPARTMENTS OF SOCIAL SERVICES. 11 S 11. Paragraph (j) of subdivision 1 of section 840 of the executive 12 law, as amended by chapter 617 of the laws of 1990, is amended to read 13 as follows: 14 (j) (1) Development, maintenance and dissemination of written policies 15 and procedures pursuant to title six of article six of the social 16 services law and applicable provisions of article ten of the family 17 court act, regarding the mandatory reporting of child abuse or neglect, 18 reporting procedures and obligations of persons required to report, 19 provisions for taking a child into protective custody, mandatory report- 20 ing of deaths, immunity from liability, penalties for failure to report 21 and obligations for the provision of services and procedures necessary 22 to safeguard the life or health of the child; (2) establishment and 23 implementation on an ongoing basis, of a training program for all 24 current and new police officers regarding the policies and procedures 25 established pursuant to this paragraph AND THE IDENTIFICATION AND INVES- 26 TIGATION OF CHILD ABUSE AND MALTREATMENT AND ANY PROTOCOLS THAT EXIST 27 REGARDING INVESTIGATING SUSPECTED INCIDENTS OF CHILD ABUSE AND MALTREAT- 28 MENT JOINTLY WITH LOCAL DEPARTMENTS OF SOCIAL SERVICES; and (3) estab- 29 lishment of a training program for police officers whose main responsi- 30 bilities are juveniles and the laws pertaining thereto, which training 31 program shall be successfully completed before such officers are accred- 32 ited pursuant to section eight hundred forty-six-h of this chapter. 33 S 12. Section 2805-n of the public health law, as added by chapter 504 34 of the laws of 1988, is amended to read as follows: 35 S 2805-n. Child abuse prevention. All hospitals shall: (i) develop, 36 maintain and disseminate written policies and procedures pursuant to 37 title six of article six of the social services law and applicable 38 provisions of article ten of the family court act, regarding the manda- 39 tory reporting of child abuse or neglect, reporting procedures and obli- 40 gations of persons required to report, provisions for taking a child 41 into protective custody, mandatory reporting of deaths, immunity from 42 liability, penalties for failure to report and obligations for the 43 provision of services and procedures necessary to safeguard the life or 44 health of the child; [and] (ii) establish, and implement on an ongoing 45 basis, a training program for all current and new employees regarding 46 the policies and procedures established pursuant to this section; AND 47 (III) ESTABLISH AND IMPLEMENT, ON AN ONGOING BASIS, A TRAINING PROGRAM 48 FOR ALL CURRENT AND NEW EMPLOYEES WHO REGULARLY ASSESS INJURIES IN CHIL- 49 DREN REGARDING THE IDENTIFICATION OF CHILD ABUSE AND MALTREATMENT. 50 S 13. This act shall take effect on the one hundred twentieth day 51 after it shall have become a law, provided that the promulgation, amend- 52 ment and/or repeal of any rule or regulation necessary to implement the 53 provisions of this act on its effective date is authorized and directed 54 to be completed on or before such date.