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A04598 Summary:

BILL NOA04598
 
SAME ASNo Same As
 
SPONSORCunningham
 
COSPNSR
 
MLTSPNSR
 
Amd §413, Soc Serv L; amd §§3003, 3209-a, 3004, 3007, 6501, 6502 & 6507, add §6502-b, Ed L; amd §§214-a & 840, Exec L; amd §2805-n, Pub Health L
 
Requires certain persons and officials required to report suspected child abuse and maltreatment to complete ongoing training; requires 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.
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A04598 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4598
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  CUNNINGHAM  -- 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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07987-01-5

        A. 4598                             2
 
     1  dren,  and  mental health professional whose employment involves regular
     2  interaction with children required to report child  abuse  or  maltreat-
     3  ment,  pursuant to subdivision one of this section, shall, not less than
     4  once  every  two years, complete two and one-half hours of coursework or
     5  training regarding the identification and reporting of child  abuse  and
     6  maltreatment.    Such  continuing  coursework  or training shall, to the
     7  greatest extent possible, include advanced training which builds on  the
     8  initial or earlier coursework required in this subdivision.
     9    (c)  Except  as otherwise provided by the education law, the office of
    10  children and family services shall approve and/or establish the  course-
    11  work  and training required to implement the provisions of this subdivi-
    12  sion.  Such coursework and training may be developed so that it  can  be
    13  offered  through  various  means including, but not limited to, internet
    14  based courses and teleconferences.
    15    § 2. Subdivision 4 of section 3003 of the education law, as amended by
    16  chapter 737 of the laws of 1992, is amended to read as follows:
    17    4. Notwithstanding any other provision of law, the commissioner  shall
    18  require  that  any person applying[, on or after January first, nineteen
    19  hundred ninety-one,] for a superintendent's certificate shall, in  addi-
    20  tion  to all the other requirements, have completed two hours of course-
    21  work or training regarding the identification  and  reporting  of  child
    22  abuse  and  maltreatment, and shall thereafter complete two and one-half
    23  additional hours of such coursework or  training  at  least  once  every
    24  period  of  two  years.    Such coursework or training shall be provided
    25  pursuant to section sixty-five hundred two-b of this chapter as  if  the
    26  superintendent was an applicant for or holder of a license to practice a
    27  profession  pursuant  to title eight of this chapter.  The coursework or
    28  training shall be obtained from an institution  or  provider  which  has
    29  been  approved by the department to provide such coursework or training.
    30  The coursework or training shall include information regarding the phys-
    31  ical and behavioral indicators of child abuse and maltreatment  and  the
    32  statutory  reporting requirements set out in sections four hundred thir-
    33  teen through four hundred twenty of the social services  law,  including
    34  but  not  limited  to,  when  and  how a report must be made, what other
    35  actions the reporter is  mandated  or  authorized  to  take,  the  legal
    36  protections  afforded  reporters,  and  the  consequences for failing to
    37  report. Each applicant shall provide the department  with  documentation
    38  showing  that  [he  or  she]  such  applicant has completed the required
    39  training.
    40    § 3. Section 3209-a of the education law, as added by chapter  504  of
    41  the laws of 1988, is amended to read as follows:
    42    § 3209-a. Child  abuse prevention.   Each school district of the state
    43  shall: (1) develop, maintain and disseminate written policies and proce-
    44  dures pursuant to title six of article six of the  social  services  law
    45  and  applicable  provisions  of  article  ten  of  the family court act,
    46  regarding the mandatory reporting of child abuse or  neglect,  reporting
    47  procedures and obligations of persons required to report, provisions for
    48  taking  a  child into protective custody, mandatory reporting of deaths,
    49  immunity from liability, penalties for failure to report and obligations
    50  for the provision of services and procedures necessary to safeguard  the
    51  life  or  health  of  the  child; and (2) establish, and implement on an
    52  ongoing basis, a training program for all current and new  school  offi-
    53  cials regarding the policies and procedures established pursuant to this
    54  section  and  the signs and symptoms that school officials may be likely
    55  to encounter which may indicate the presence of child abuse or maltreat-
    56  ment.

        A. 4598                             3
 
     1    § 4. Subdivision 2 of section 3004 of the education law, as amended by
     2  chapter 737 of the laws of 1992, is amended to read as follows:
     3    2.  Notwithstanding any other provision of law, the commissioner shall
     4  prescribe regulations requiring that all persons applying[, on or  after
     5  January  first,  nineteen  hundred  ninety-one,]  for  a  certificate or
     6  license to be a teacher shall, in addition  to  all  the  other  certif-
     7  ication  or  licensure requirements, have completed two hours of course-
     8  work or training regarding the identification  and  reporting  of  child
     9  abuse  and  maltreatment, and shall thereafter complete two and one-half
    10  additional hours of such coursework or  training  at  least  once  every
    11  period  of  two  years.  Such  coursework  or training shall be provided
    12  pursuant to section sixty-five hundred two-b of this chapter as  if  the
    13  teacher  was  an  applicant  for  or  holder  of a license to practice a
    14  profession pursuant to title eight of this chapter.  The  coursework  or
    15  training  shall  be  obtained  from an institution or provider which has
    16  been approved by the department to provide such coursework or  training.
    17  The coursework or training shall include information regarding the phys-
    18  ical  and  behavioral indicators of child abuse and maltreatment and the
    19  statutory reporting requirements set out in sections four hundred  thir-
    20  teen  through  four hundred twenty of the social services law, including
    21  but not limited to, when and how a  report  must  be  made,  what  other
    22  actions  the  reporter  is  mandated  or  authorized  to take, the legal
    23  protections afforded reporters, and  the  consequences  for  failing  to
    24  report.  Each  applicant shall provide the department with documentation
    25  showing that [he or she]  such  applicant  has  completed  the  required
    26  training.
    27    §  5.  The  closing paragraph of section 3007 of the education law, as
    28  amended by chapter 544 of the laws  of  1988,  is  amended  to  read  as
    29  follows:
    30    Such  endorsement confers on the holder of such diploma or certificate
    31  the privileges conferred by law on the holder of the diploma of a  state
    32  teachers  college  or  state  college  for teachers or state certificate
    33  issued in this state. Notwithstanding any other provision  of  law,  the
    34  commissioner  shall  require  that  any  person seeking endorsement of a
    35  foreign certificate or diploma[, on or  after  January  first,  nineteen
    36  hundred  ninety-one,]  shall  have  completed two hours of coursework or
    37  training regarding the identification and reporting of child  abuse  and
    38  maltreatment,  and shall thereafter complete two and one-half additional
    39  hours of such coursework or training at least once every period  of  two
    40  years. Such coursework or training shall be provided pursuant to section
    41  sixty-five hundred two-b of this chapter as if the teacher was an appli-
    42  cant  for  or  holder  of a license to practice a profession pursuant to
    43  title eight of  this  chapter.  The  coursework  or  training  shall  be
    44  obtained  from an institution or provider which has been approved by the
    45  department to provide such [course work]  coursework  or  training.  The
    46  coursework  or training shall include information regarding the physical
    47  and behavioral indicators of child abuse and maltreatment and the statu-
    48  tory reporting requirements set out in sections  four  hundred  thirteen
    49  through  four  hundred  twenty of the social services law, including but
    50  not limited to, when and how a report must be made, what  other  actions
    51  the  reporter  is  mandated or authorized to take, the legal protections
    52  afforded reporters, and the consequences for  failing  to  report.  Each
    53  applicant  shall  provide the department with documentation showing that
    54  [he or she] such applicant has completed the required training.
    55    § 6. Subdivision 1 of section 6501 of the education law, as amended by
    56  chapter 299 of the laws of 2016, is amended to read as follows:

        A. 4598                             4
 
     1    1. Admission to practice of a profession in this state is accomplished
     2  by a license being issued to a  qualified  applicant  by  the  education
     3  department.  To  qualify  for  a  license  an  applicant  shall meet the
     4  requirements prescribed in the article for the particular profession and
     5  shall  meet  the requirements prescribed in section 3-503 of the general
     6  obligations law and,  where  applicable,  the  requirements  of  section
     7  sixty-five hundred two-b of this subarticle.
     8    § 7. Subdivision 1 of section 6502 of the education law, as amended by
     9  chapter 599 of the laws of 1996, is amended to read as follows:
    10    1.  A  license  shall  be  valid  during the life of the holder unless
    11  revoked, annulled or suspended by the board of regents or in the case of
    12  physicians, physicians practicing under a  limited  permit,  physician's
    13  assistants,  specialist's assistants and medical residents, the licensee
    14  is stricken from the roster of such licensees by the board of regents on
    15  the order of the state board for professional  medical  conduct  in  the
    16  department  of  health. A licensee must register with the department and
    17  meet the requirements prescribed in section 3-503 of the  general  obli-
    18  gations  law  and,  where applicable, the requirements of section sixty-
    19  five hundred two-b of this subarticle to practice in this state.
    20    § 8. The education law is amended by adding a new  section  6502-b  to
    21  read as follows:
    22    §  6502-b. Mandated reporting of suspected child abuse or maltreatment
    23  training. 1. Each applicant for  a  license  to  practice  a  profession
    24  pursuant  to  this title, the practice of which requires the licensee to
    25  report suspected cases of  child  abuse  and  maltreatment  pursuant  to
    26  section  four  hundred thirteen of the social services law, shall, prior
    27  to being licensed to practice such profession,  complete  two  hours  of
    28  coursework  or  training  regarding  the identification and reporting of
    29  child abuse and  maltreatment.  Every  person  licensed  to  practice  a
    30  profession  pursuant  to  this title prior to the effective date of this
    31  section, the practice of which requires the licensee to report suspected
    32  cases of child abuse and maltreatment pursuant to section  four  hundred
    33  thirteen  of  the social services law, shall complete such coursework or
    34  training within one year of the effective date of this section.
    35    2. Each person required to complete coursework or training pursuant to
    36  subdivision one of this section, who is employed or serves in a position
    37  listed in paragraph (b) of subdivision one-a  of  section  four  hundred
    38  thirteen  of the social services law, shall thereafter complete an addi-
    39  tional two and one-half hours of coursework or  training  regarding  the
    40  identification  and  reporting  of child abuse and maltreatment at least
    41  once every period of two years.  Such continuing coursework or  training
    42  shall,  to the greatest extent possible, include advanced training which
    43  builds on the initial or earlier coursework required  in  this  subdivi-
    44  sion.
    45    3.  The  department  may  develop  a training curriculum regarding the
    46  identification and reporting of child abuse and maltreatment which shall
    47  be used to provide the coursework and training required by this section,
    48  provided, however, that if the department shall fail to develop  such  a
    49  training curriculum, then the required curriculum for the coursework and
    50  training  required  by  this  section  shall  be the training curriculum
    51  relating  thereto  developed  by  the  office  of  children  and  family
    52  services. Every training curriculum developed by the department pursuant
    53  to  this  subdivision  shall be subject to the approval of the office of
    54  children and family services.  The department shall require every insti-
    55  tution and provider of coursework or training pursuant to  this  section
    56  to  utilize an approved curriculum.  Such coursework and training may be

        A. 4598                             5
 
     1  developed so that it can be offered through various means including, but
     2  not limited to, internet based courses and teleconferences.
     3    §  9.  Paragraph  a  of subdivision 3 of section 6507 of the education
     4  law, as amended by chapter 733 of the laws of 2023, is amended  to  read
     5  as follows:
     6    a. Establish standards for preprofessional and professional education,
     7  experience and licensing examinations as required to implement the arti-
     8  cle for each profession. Notwithstanding any other provision of law, the
     9  commissioner shall establish standards requiring that all persons apply-
    10  ing[,  on or after January first, nineteen hundred ninety-one,] initial-
    11  ly, or for the renewal of, a license, registration or limited permit  to
    12  be  a  physician,  chiropractor,  dentist, registered nurse, podiatrist,
    13  optometrist, psychiatrist, psychologist, licensed master social  worker,
    14  licensed  clinical  social  worker,  licensed  creative  arts therapist,
    15  licensed marriage and family therapist, licensed mental  health  counse-
    16  lor,   licensed   psychoanalyst,  dental  hygienist,  licensed  behavior
    17  analyst, certified behavior analyst assistant, [or] athletic trainer  or
    18  any  other  profession  which  is  required to report cases of suspected
    19  child abuse and maltreatment, pursuant to section four hundred  thirteen
    20  of  the  social services law, shall, in addition to all the other licen-
    21  sure, certification or permit requirements, have completed two hours  of
    22  coursework  or  training  regarding  the identification and reporting of
    23  child abuse and maltreatment and if they are listed in paragraph (b)  of
    24  subdivision  one-a  of  section  four  hundred  thirteen  of  the social
    25  services law, shall thereafter  complete  two  and  one-half  additional
    26  hours  of  such coursework or training at least once every period of two
    27  years in accordance with the provisions of  section  sixty-five  hundred
    28  two-b  of  this  article.   The coursework or training shall be obtained
    29  from an institution or provider which has been approved by  the  depart-
    30  ment  to provide such coursework or training. The coursework or training
    31  shall include information regarding the physical and behavioral  indica-
    32  tors  of  child  abuse  and  maltreatment  and  the  statutory reporting
    33  requirements set out in sections  four  hundred  thirteen  through  four
    34  hundred twenty of the social services law, including but not limited to,
    35  when  and  how a report must be made, what other actions the reporter is
    36  mandated or authorized to take, the legal  protections  afforded  repor-
    37  ters,  and  the  consequences  for failing to report. Such coursework or
    38  training may also include information regarding the physical and  behav-
    39  ioral indicators of the abuse of individuals with developmental disabil-
    40  ities  and  voluntary  reporting  of  abused  or neglected adults to the
    41  office for people with developmental disabilities  or  the  local  adult
    42  protective  services unit.   Each applicant shall provide the department
    43  with documentation showing that [he or she] such applicant has completed
    44  the required training. The department shall provide  an  exemption  from
    45  the  child abuse and maltreatment training requirements to any applicant
    46  who requests such an exemption and who shows, to the department's satis-
    47  faction, that there would be no need because of the nature  of  [his  or
    48  her]  such  applicant's  practice for [him or her] them to complete such
    49  training;
    50    § 10. Section 214-a of the executive law, as added by chapter  504  of
    51  the laws of 1988, is amended to read as follows:
    52    § 214-a. Child  abuse  prevention.  The  superintendent shall, for all
    53  members of the state police: (1) develop, maintain and disseminate writ-
    54  ten policies and procedures pursuant to title six of article six of  the
    55  social  services  law  and  applicable  provisions of article ten of the
    56  family court act, regarding the mandatory reporting of  child  abuse  or

        A. 4598                             6
 
     1  neglect,  reporting  procedures  and  obligations of persons required to
     2  report, provisions for taking a child into protective custody, mandatory
     3  reporting of deaths, immunity from liability, penalties for  failure  to
     4  report  and  obligations  for  the  provision of services and procedures
     5  necessary to safeguard the life or health of the child; [and] (2) estab-
     6  lish, and implement on an ongoing basis,  a  training  program  for  all
     7  current  and  new employees regarding the policies and procedures estab-
     8  lished pursuant to this section; and (3) establish, and implement on  an
     9  ongoing  basis, a training program for all current and new employees who
    10  are likely to come into contact with children in  the  course  of  their
    11  professional  duties,  regarding the identification and investigation of
    12  child abuse and maltreatment and  any  protocols  that  exist  regarding
    13  investigating suspected incidents of child abuse and maltreatment joint-
    14  ly with local departments of social services.
    15    §  11.  Paragraph (j) of subdivision 1 of section 840 of the executive
    16  law, as amended by chapter 38 of the laws of 2022, is amended to read as
    17  follows:
    18    (j) (1) Development, maintenance and dissemination of written policies
    19  and procedures pursuant to title  six  of  article  six  of  the  social
    20  services  law  and  applicable  provisions  of article ten of the family
    21  court act, regarding the mandatory reporting of child abuse or  neglect,
    22  reporting  procedures  and  obligations  of  persons required to report,
    23  provisions for taking a child into protective custody, mandatory report-
    24  ing of deaths, immunity from liability, penalties for failure to  report
    25  and  obligations  for the provision of services and procedures necessary
    26  to safeguard the life or health of  the  child;  (2)  establishment  and
    27  implementation  on  an  ongoing  basis,  of  a  training program for all
    28  current and new police officers regarding the  policies  and  procedures
    29  established  pursuant  to  this  paragraph; [and] (3) establishment of a
    30  training program for police officers  whose  main  responsibilities  are
    31  juveniles  and  the  laws  pertaining  thereto, including children under
    32  twelve years of age who do not fall under  the  definition  of  juvenile
    33  delinquent  pursuant  to subparagraph (iii) of paragraph (a) of subdivi-
    34  sion one of section 301.2 of the family court act  and  whose  behavior,
    35  but for their age would bring them within the jurisdiction of the family
    36  court  pursuant to article three of the family court act, which training
    37  program shall be successfully completed before such officers are accred-
    38  ited pursuant to section eight hundred forty-six-h of this chapter;  and
    39  (4) establish, and implement on an ongoing basis, a training program for
    40  all  current  and new employees who are likely to come into contact with
    41  children in the course of their professional duties, regarding the iden-
    42  tification and investigation of child abuse  and  maltreatment  and  any
    43  protocols  that  exist  regarding  investigating  suspected incidents of
    44  child abuse and maltreatment jointly with local  departments  of  social
    45  services.
    46    § 12. Section 2805-n of the public health law, as added by chapter 504
    47  of the laws of 1988, is amended to read as follows:
    48    §  2805-n.  Child abuse prevention.  All hospitals shall: (i) develop,
    49  maintain and disseminate written policies  and  procedures  pursuant  to
    50  title  six  of  article  six  of  the social services law and applicable
    51  provisions of article ten of the family court act, regarding the  manda-
    52  tory reporting of child abuse or neglect, reporting procedures and obli-
    53  gations  of  persons  required  to report, provisions for taking a child
    54  into protective custody, mandatory reporting of  deaths,  immunity  from
    55  liability,  penalties  for  failure  to  report  and obligations for the
    56  provision of services and procedures necessary to safeguard the life  or

        A. 4598                             7
 
     1  health  of  the child; [and] (ii) establish, and implement on an ongoing
     2  basis, a training program for all current and  new  employees  regarding
     3  the  policies  and  procedures established pursuant to this section; and
     4  (iii)  establish  and implement, on an ongoing basis, a training program
     5  for all current and new employees who regularly assess injuries in chil-
     6  dren regarding the identification of child abuse and maltreatment.
     7    § 13. This act shall take effect on  the  one  hundred  twentieth  day
     8  after it shall have become a law; provided, however, that if chapter 733
     9  of  the  laws of 2023 shall not have taken effect on or before such date
    10  then section nine of this  act shall take effect on the same date and in
    11  the same manner as such chapter of the laws of 2023 takes effect. Effec-
    12  tive immediately the promulgation, amendment and/or repeal of  any  rule
    13  or  regulation  necessary to implement the provisions of this act on its
    14  effective date are authorized to be made and completed on or before such
    15  date.
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