Expands the persons responsible for reporting cases of suspected child abuse; requires coursework for reporting child abuse and maltreatment for persons holding temporary coaching licenses or professional coaching certificates.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A421C
SPONSOR: Paulin (MS) TITLE OF BILL: An act to amend the social services law, in relation
to expanding the persons responsible for reporting cases of suspected
child abuse; and to amend the education law, in relation to coursework
for reporting child abuse and maltreatment for persons holding temporary
coaching licenses or professional coaching certificates
PURPOSE:
To require full or part-time compensated school employees required to
hold a temporary coaching license or professional coaching certificate
to report cases of suspected child abuse.
SUMMARY OF PROVISIONS:
Section one amends paragraph (a) of subdivision 1 of section 413 of the
social services law, as amended by chapter 554 of the laws of 2013, to
add a full or part-time compensated school employee required to hold a
temporary coaching license or professional coaching certificate to the
list of mandated reporters.
Section two amends subdivision 5-a of section 488 of the social services
law, as amended by chapter 8 of the laws of 2014, to add any full or
part-time compensated school employee required to hold a temporary
coaching license or professional coaching certificate to the definition
of human services professional.
Section three amends the education law by adding a new section 3036 to
require the commissioner of education to prescribe regulations requiring
that all persons currently holding a temporary coaching license or a
professional coaching certificate and persons applying for such license
or certificate shall, in addition to all the other licensure or certif-
ication requirements, have completed two hours of coursework or training
regarding the identification and reporting of child abuse and maltreat-
ment as described in the section. Each applicant shall provide the
department of -education with documentation showing that he or she has
completed the required training.
Section four provides the effective date.
JUSTIFICATION:
School coaches are often in a position to observe children for signs of
abuse. Coaches develop close, trusting relationships with their players,
making it likely that a child would confide in his or her coach.
The current law is ambiguous as to whether individuals in these posi-
tions are mandated reporters. This legislation will clarify that coaches
who are paid employees of the school district have a duty to report
suspected abuse, and as with all mandated reporters, will be protected
them from civil liability resulting from reports that are proven
unfounded. By requiring the commissioner of education to prescribe regu-
lations to complete two hours of coursework or training regarding the
identification and reporting of child abuse and maltreatment, we provide
the coaches with the tools to assist them to identify and report
suspected child abuse and maltreatment.
LEGISLATIVE HISTORY:
A.8901A of 2012 referred to children and families. Same as S.7350A
(Saland) of 2012 committed to rules.
FISCAL IMPLICATIONS:
None.
LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that sections
one and two of this act shall take effect on July 1, 2015; provided,
further that if chapter 554 of the laws of 2013 shall not have taken
effect on or before such date then section one of this act shall take
effect on the same date and in the same manner as such chapter of the
laws of 2013, take effect; and provided that if chapter B of the laws of
2014 shall not have taken effect on or before such date then section two
of this act shall take effect on the same date and in the same manner as
such chapter of the laws of 2014, take effect.
