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S01319 Summary:

BILL NOS01319
 
SAME ASSAME AS A06380
 
SPONSORHOYLMAN-SIGAL
 
COSPNSR
 
MLTSPNSR
 
Amd §413, Soc Serv L
 
Relates to expanding the persons responsible for reporting cases of suspected child abuse to include employees, volunteers, or agents of any corporate entity having an agreement with a municipality as a tier II facility or any other shelter providing temporary housing to persons under the age of 18.
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S01319 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1319
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     January 9, 2025
                                       ___________
 
        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Children and Families
 
        AN ACT to amend the social services law, in relation  to  expanding  the
          persons  responsible  for  reporting cases of suspected child abuse to
          include employees, volunteers,  or  agents  of  any  corporate  entity
          having  an  agreement with a municipality as a tier II facility or any
          other shelter providing temporary housing to persons under the age  of
          18
 
          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
    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  licensed behavior analyst; certified behavior analyst assistant;  hospi-
    20  tal  personnel  engaged in the admission, examination, care or treatment
    21  of persons; a Christian Science  practitioner;  school  official,  which
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04186-01-5

        S. 1319                             2
 
     1  includes  but  is not limited to school teacher, school guidance counse-
     2  lor, school psychologist, school social  worker,  school  nurse,  school
     3  administrator  or  other school personnel required to hold a teaching or
     4  administrative  license  or  certificate;  full or part-time compensated
     5  school employee required to hold a temporary coaching license or profes-
     6  sional coaching certificate; social services worker; employee of a publ-
     7  icly-funded emergency shelter for families with children; director of  a
     8  children's overnight camp, summer day camp or traveling summer day camp,
     9  as  such camps are defined in section thirteen hundred ninety-two of the
    10  public health law; day care center worker; school-age child care worker;
    11  provider of family or group family day care; employee or volunteer in  a
    12  residential  care  facility  for children that is licensed, certified or
    13  operated by the office of children and family  services;  or  any  other
    14  child  care or foster care worker; mental health professional; substance
    15  abuse counselor; alcoholism counselor; all persons credentialed  by  the
    16  office  of  alcoholism  and substance abuse services; employees, who are
    17  expected to have regular and substantial contact  with  children,  of  a
    18  health  home  or  health  home care management agency contracting with a
    19  health home as designated by the department  of  health  and  authorized
    20  under section three hundred sixty-five-l of this chapter or such employ-
    21  ees  who provide home and community based services under a demonstration
    22  program pursuant to section eleven hundred fifteen of the federal social
    23  security act who are expected to have regular  and  substantial  contact
    24  with  children;  peace  officer;  police  officer;  district attorney or
    25  assistant district attorney; investigator employed in the  office  of  a
    26  district attorney; or other law enforcement official; or any employee of
    27  a  tier  II facility or any other shelter providing temporary housing to
    28  persons under the age of eighteen.
    29    § 2. Paragraph (a) of subdivision 1  of  section  413  of  the  social
    30  services  law,  as  amended  by chapter 733 of the   laws of   2023,  is
    31  amended to read as follows:
    32    (a)  The  following  persons  and  officials are required to report or
    33  cause a report to be made in accordance with this title when  they  have
    34  reasonable  cause  to  suspect  that a child coming before them in their
    35  professional or official capacity is an abused or maltreated  child,  or
    36  when  they have reasonable cause to suspect that a child is an abused or
    37  maltreated child where the parent, guardian, custodian or  other  person
    38  legally  responsible  for  such child comes before them in their profes-
    39  sional or official capacity and states from  personal  knowledge  facts,
    40  conditions or circumstances which, if correct, would render the child an
    41  abused  or maltreated child: any physician; registered physician assist-
    42  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    43  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    44  athletic trainer; psychologist; registered nurse; social  worker;  emer-
    45  gency  medical  technician;  licensed  creative arts therapist; licensed
    46  marriage  and  family  therapist;  licensed  mental  health   counselor;
    47  licensed  psychoanalyst;  licensed  behavior analyst; certified behavior
    48  analyst assistant; hospital personnel engaged in the admission, examina-
    49  tion, care or treatment of persons; a  Christian  Science  practitioner;
    50  school  official,  which  includes but is not limited to school teacher,
    51  school guidance counselor, school psychologist,  school  social  worker,
    52  school nurse, school administrator or other school personnel required to
    53  hold  a teaching or administrative license or certificate; full or part-
    54  time compensated school employee required to hold a  temporary  coaching
    55  license  or  professional  coaching certificate; social services worker;
    56  employee of a publicly-funded emergency shelter for families with  chil-

        S. 1319                             3
 
     1  dren;  director of a children's overnight camp, summer day camp or trav-
     2  eling summer day camp, as such camps are  defined  in  section  thirteen
     3  hundred  ninety-two  of  the  public health law; day care center worker;
     4  school-age  child  care  worker;  provider of family or group family day
     5  care; employee or volunteer in a residential care facility for  children
     6  that  is  licensed,  certified or operated by the office of children and
     7  family services; or any other child care or foster care  worker;  mental
     8  health  professional;  substance  abuse counselor; alcoholism counselor;
     9  all persons credentialed by the office of alcoholism and substance abuse
    10  services; employees, who are expected to have  regular  and  substantial
    11  contact  with  children, of a health home or health home care management
    12  agency contracting with a health home as designated by the department of
    13  health and authorized under section three hundred sixty-five-l  of  this
    14  chapter  or such employees who provide home and community based services
    15  under a demonstration program pursuant to section eleven hundred fifteen
    16  of the federal social security act who are expected to have regular  and
    17  substantial  contact  with  children;  peace  officer;  police  officer;
    18  district attorney or assistant district attorney; investigator  employed
    19  in the office of a district attorney; or other law enforcement official;
    20  or  any  employee  of  a tier II facility or any other shelter providing
    21  temporary  housing  to persons under the age of eighteen.
    22    § 3. This act shall take effect immediately; provided,  however,  that
    23  the  amendments  to paragraph (a) of subdivision 1 of section 413 of the
    24  social services law made by section two of this act shall take effect on
    25  the same date and in the same manner as section 12 of chapter 733 of the
    26  laws of 2023 takes effect.
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