Includes 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
________________________________________________________________________
3444
2025-2026 Regular Sessions
IN SENATE
January 27, 2025
___________
Introduced by Sen. HARCKHAM -- 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, 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
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
22 includes but is not limited to school teacher, school guidance counse-
23 lor, school psychologist, school social worker, school nurse, school
24 administrator or other school personnel required to hold a teaching or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07175-01-5
S. 3444 2
1 administrative license or certificate; full or part-time compensated
2 school employee required to hold a temporary coaching license or profes-
3 sional coaching certificate; social services worker; employee of a publ-
4 icly-funded emergency shelter for families with children; director of a
5 children's overnight camp, summer day camp or traveling summer day camp,
6 as such camps are defined in section thirteen hundred ninety-two of the
7 public health law; employee or volunteer of a not-for-profit organiza-
8 tion with the primary purpose of engaging with youth under the age of
9 eighteen through activities, events, or gatherings, as designated by the
10 commissioner where such employee or volunteer is likely to have regular
11 and substantial contact with such youth; day care center worker; school-
12 age child care worker; provider of family or group family day care;
13 employee or volunteer in a residential care facility for children that
14 is licensed, certified or operated by the office of children and family
15 services; or any other child care or foster care worker; mental health
16 professional; substance abuse counselor; alcoholism counselor; all
17 persons credentialed by the office of [alcoholism and substance abuse
18 services] addiction services and supports; employees, who are expected
19 to have regular and substantial contact with children, of a health home
20 or health home care management agency contracting with a health home as
21 designated by the department of health and authorized under section
22 three hundred sixty-five-l of this chapter or such employees who provide
23 home and community based services under a demonstration program pursuant
24 to section eleven hundred fifteen of the federal social security act who
25 are expected to have regular and substantial contact with children;
26 peace officer; police officer; district attorney or assistant district
27 attorney; investigator employed in the office of a district attorney; or
28 other law enforcement official.
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 amended
31 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. 3444 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; employee or volunteer of a
4 not-for-profit organization with the primary purpose of engaging with
5 youth under the age of eighteen through activities, events, or gath-
6 erings, as designated by the commissioner where such employee or volun-
7 teer is likely to have regular and substantial contact with such youth;
8 day care center worker; school-age child care worker; provider of family
9 or group family day care; employee or volunteer in a residential care
10 facility for children that is licensed, certified or operated by the
11 office of children and family services; or any other child care or
12 foster care worker; mental health professional; substance abuse counse-
13 lor; alcoholism counselor; all persons credentialed by the office of
14 [alcoholism and substance abuse services] addiction services and
15 supports; employees, who are expected to have regular and substantial
16 contact with children, of a health home or health home care management
17 agency contracting with a health home as designated by the department of
18 health and authorized under section three hundred sixty-five-l of this
19 chapter or such employees who provide home and community based services
20 under a demonstration program pursuant to section eleven hundred fifteen
21 of the federal social security act who are expected to have regular and
22 substantial contact with children; peace officer; police officer;
23 district attorney or assistant district attorney; investigator employed
24 in the office of a district attorney; or other law enforcement official.
25 § 3. Section 404 of the not-for-profit corporation law is amended by
26 adding a new paragraph (w) to read as follows:
27 (w) Every certificate of incorporation which includes as the primary
28 purpose the operation of a corporation where its employees or volunteers
29 are expected to have regular and substantial contact with youth under
30 the age of eighteen through activities, events, or gatherings and such
31 corporation has been designated by the office of children and family
32 services, pursuant to section four hundred thirteen of the social
33 services law, shall have endorsed thereon or annexed thereto notice to
34 the office of children and family services of the incorporation.
35 § 4. The executive law is amended by adding a new section 111 to read
36 as follows:
37 § 111. Notice to certain corporations related to reporting require-
38 ments. The secretary of state, in consultation with the office of chil-
39 dren and family services, shall provide notice to any entity incorpo-
40 rated pursuant to article four of the not-for-profit corporation law
41 prior to the effective date of this section who has since been desig-
42 nated by the office of children and family services pursuant to section
43 four hundred thirteen of the social services law. Upon such notice, such
44 not-for-profit corporation shall be required to meet the requirements
45 contained in section four hundred thirteen of the social services law.
46 § 5. This act shall take effect on the ninetieth day after it shall
47 have become a law; provided, however, that if chapter 733 of the laws of
48 2023 shall not have taken effect on or before such date then section two
49 of this act shall take effect on the same date and in the same manner as
50 such chapter of the laws of 2023 takes effect. Effective immediately,
51 the addition, amendment and/or repeal of any rule or regulation neces-
52 sary for the implementation of this act on its effective date are
53 authorized to be made and completed on or before such effective date.
