•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A07462 Summary:

BILL NOA07462B
 
SAME ASSAME AS UNI. S06635-B
 
SPONSORGalef
 
COSPNSRSayegh, Weprin
 
MLTSPNSR
 
Amd §413, Soc Serv L; amd §404, N-PC L; add §110, Exec L
 
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.
Go to top

A07462 Text:



 
                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.
Go to top