Relates to including certain employees or volunteers of not-for-profit youth organizations whose primary purpose is to interact with youth through activities, events or gatherings as mandated reporters.
STATE OF NEW YORK
________________________________________________________________________
S. 6635--B A. 7462--B
2021-2022 Regular Sessions
SENATE - ASSEMBLY
May 10, 2021
___________
IN SENATE -- Introduced by Sen. HARCKHAM -- read twice and ordered
printed, and when printed to be committed to the Committee on Children
and Families -- recommitted to the Committee on Children and Families
in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. GALEF, SAYEGH -- 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 -- reported and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- recommitted to the Committee on Codes
in accordance with Assembly Rule 3, sec. 2 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the social services law, the not-for-profit corporation
law and the executive law, in relation to including certain employees
or volunteers of youth organizations as mandated reporters
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05434-03-2
S. 6635--B 2 A. 7462--B
1 legally responsible for such child comes before them in their profes-
2 sional or official capacity and states from personal knowledge facts,
3 conditions or circumstances which, if correct, would render the child an
4 abused or maltreated child: any physician; registered physician assist-
5 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
6 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
7 psychologist; registered nurse; social worker; emergency medical techni-
8 cian; licensed creative arts therapist; licensed marriage and family
9 therapist; licensed mental health counselor; licensed psychoanalyst;
10 licensed behavior analyst; certified behavior analyst assistant; hospi-
11 tal personnel engaged in the admission, examination, care or treatment
12 of persons; a Christian Science practitioner; school official, which
13 includes but is not limited to school teacher, school guidance counse-
14 lor, school psychologist, school social worker, school nurse, school
15 administrator or other school personnel required to hold a teaching or
16 administrative license or certificate; full or part-time compensated
17 school employee required to hold a temporary coaching license or profes-
18 sional coaching certificate; social services worker; employee of a publ-
19 icly-funded emergency shelter for families with children; director of a
20 children's overnight camp, summer day camp or traveling summer day camp,
21 as such camps are defined in section thirteen hundred ninety-two of the
22 public health law; employee or volunteer of a not-for-profit organiza-
23 tion with the primary purpose of engaging with youth under the age of
24 eighteen through activities, events, or gatherings, as designated by the
25 commissioner where such employee or volunteer is likely to have regular
26 and substantial contact with such youth; day care center worker; school-
27 age child care worker; provider of family or group family day care;
28 employee or volunteer in a residential care facility for children that
29 is licensed, certified or operated by the office of children and family
30 services; or any other child care or foster care worker; mental health
31 professional; substance abuse counselor; alcoholism counselor; all
32 persons credentialed by the office of alcoholism and substance abuse
33 services; employees, who are expected to have regular and substantial
34 contact with children, of a health home or health home care management
35 agency contracting with a health home as designated by the department of
36 health and authorized under section three hundred sixty-five-l of this
37 chapter or such employees who provide home and community based services
38 under a demonstration program pursuant to section eleven hundred fifteen
39 of the federal social security act who are expected to have regular and
40 substantial contact with children; peace officer; police officer;
41 district attorney or assistant district attorney; investigator employed
42 in the office of a district attorney; or other law enforcement official.
43 § 2. Section 404 of the not-for-profit corporation law is amended by
44 adding a new paragraph (w) to read as follows:
45 (w) Every certificate of incorporation which includes as the primary
46 purpose the operation of a corporation where its employees or volunteers
47 are expected to have regular and substantial contact with youth under
48 the age of eighteen through activities, events, or gatherings and such
49 corporation has been designated by the office of children and family
50 services, pursuant to section four hundred thirteen of the social
51 services law, shall have endorsed thereon or annexed thereto notice to
52 the office of children and family services of the incorporation.
53 § 3. The executive law is amended by adding a new section 110 to read
54 as follows:
55 § 110. Notice to certain corporations related to reporting require-
56 ments. The secretary of state, in consultation with the office of chil-
S. 6635--B 3 A. 7462--B
1 dren and family services, shall provide notice to any entity incorpo-
2 rated pursuant to article four of the not-for-profit corporation law
3 prior to the effective date of this section who has since been desig-
4 nated by the office of children and family services pursuant to section
5 four hundred thirteen of the social services law. Upon such notice, such
6 not-for-profit corporation shall be required to meet the requirements
7 contained in section four hundred thirteen of the social services law.
8 § 4. This act shall take effect on the ninetieth day after it shall
9 have become a law. Effective immediately, the addition, amendment and/or
10 repeal of any rule or regulation necessary for the implementation of
11 this act on its effective date are authorized to be made and completed
12 on or before such effective date.