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A08905 Summary:

BILL NO    A08905 

SAME AS    SAME AS S06086

SPONSOR    Tedisco (MS)

COSPNSR    Amedore, Brook-Krasny, Calhoun, Johns, Barclay, Palmesano, Ceretto,
           Duprey, Tenney, Hawley, Katz, Butler, McDonough, Saladino, Castro

MLTSPNSR   Crouch, Finch, Losquadro, Magee, Titone

Amd S413, Soc Serv L; amd S1392, Pub Health L

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.
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A08905 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         8905

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 4, 2012
                                      ___________

       Introduced  by  M. of A. TEDISCO, AMEDORE, BROOK-KRASNY, CALHOUN, JOHNS,
         BARCLAY, PALMESANO, CERETTO, DUPREY, TENNEY, HAWLEY,  KATZ  --  Multi-
         Sponsored  by  --  M. of A. CROUCH, FINCH, LOSQUADRO, MAGEE, TITONE --
         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 at summer day camps

         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 chapter 91 of the laws of 2011, is amended
    3  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  hospital personnel engaged in the admission, examination, care or treat-
   20  ment  of  persons;  a  Christian  Science practitioner; school official,
   21  which includes but is not limited to COLLEGE COACH,  ATHLETIC  DIRECTOR,
   22  PROFESSOR, GRADUATE ASSISTANT, COLLEGE ADMINISTRATOR, COLLEGE PRESIDENT,
   23  school  teacher,  school guidance counselor, school psychologist, school
   24  social worker,  school  nurse,  school  administrator  or  other  school

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13688-03-2
       A. 8905                             2

    1  personnel  required  to  hold  a  teaching  or administrative license or
    2  certificate; social services worker; director OR ANY PAID  STAFF  MEMBER
    3  of  a children's overnight camp, summer day camp or traveling summer day
    4  camp,  as  such camps are defined in section thirteen hundred ninety-two
    5  of the public health law, SUCH PAID STAFF MEMBERS SHALL INCLUDE, BUT NOT
    6  BE LIMITED TO ANY  INDIVIDUALS WHO MAY INTERACT  WITH  CHILDREN  THROUGH
    7  EMPLOYMENT  AT SUCH CAMPS OR EMPLOYMENT AT PREMISES WHERE SUCH CAMPS ARE
    8  LOCATED; day care center worker; school-age child care worker;  provider
    9  of  family or group family day care; employee or volunteer in a residen-
   10  tial care facility defined in subdivision four of section  four  hundred
   11  twelve-a  of  this  title or any other child care or foster care worker;
   12  mental health professional; substance abuse counselor; alcoholism  coun-
   13  selor;  all  persons  credentialed  by  the  office  of  alcoholism  and
   14  substance abuse services; peace officer; police officer; district attor-
   15  ney or assistant district attorney; investigator employed in the  office
   16  of a district attorney; or other law enforcement official.
   17    S  2.  Subdivision  2  of  section  1392  of the public health law, as
   18  amended by chapter 439 of the laws  of  2009,  is  amended  to  read  as
   19  follows:
   20    2.  "Summer  day  camp" shall mean a property consisting of a tract of
   21  land and any tents, vehicles, buildings or other structures that may  be
   22  pertinent  to  its use, any part of which may be occupied on a scheduled
   23  basis at any time between June first and September fifteenth in any year
   24  by children under sixteen years of age under  general  supervision,  for
   25  the purpose of ANY indoor or outdoor organized group activities, involv-
   26  ing ONE OR MORE: (I) nonpassive recreational activities with significant
   27  risk  of  injury,  as  such  activities are defined by the department in
   28  rules and regulations, OR (II) EDUCATIONAL PROGRAMS OR ACTIVITIES, for a
   29  period of less than twenty-four hours on any  day  the  property  is  so
   30  occupied, and on which no provisions are made for overnight occupancy by
   31  such  children.  The commissioner shall have the power to except by rule
   32  from this article and the sanitary code a place,  facility  or  activity
   33  that  is  not  within  the  intent  of this definition, PROVIDED THAT NO
   34  EXCEPTION MAY BE GRANTED TO A SUMMER DAY CAMP WHICH IS  DEDICATED  TO  A
   35  SINGLE  ACTIVITY  IF  THAT  ACTIVITY  MEETS THE CRITERIA OF A NONPASSIVE
   36  RECREATIONAL ACTIVITY WITH SIGNIFICANT RISK OF INJURY OR  IS  AN  EDUCA-
   37  TIONAL PROGRAM OR ACTIVITY.
   38    S 3. This act shall take effect on the one hundred twentieth day after
   39  it  shall have become a law. Effective immediately, the addition, amend-
   40  ment and/or repeal of any rule or regulation necessary for the implemen-
   41  tation of this act on its effective date is authorized to be made on  or
   42  before such date.
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