S01840 Summary:

BILL NOS01840
 
SAME ASSAME AS A00923
 
SPONSORTEDISCO
 
COSPNSR
 
MLTSPNSR
 
Amd §413, Soc Serv L; amd §1392, Pub Health L
 
Relates to mandatory reporting of suspected child abuse or maltreatment at summer day camps; includes college coaches, athletic directors, professors, graduate assistants and college presidents among those required to report such suspected abuse or maltreatment.
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S01840 Actions:

BILL NOS01840
 
01/16/2019REFERRED TO CHILDREN AND FAMILIES
01/08/2020REFERRED TO CHILDREN AND FAMILIES
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S01840 Committee Votes:

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S01840 Floor Votes:

There are no votes for this bill in this legislative session.
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S01840 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1840
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2019
                                       ___________
 
        Introduced  by  Sen. TEDISCO -- 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 and the public  health  law,  in
          relation  to mandatory reporting of suspected child abuse or maltreat-
          ment by certain persons

          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 college coach, athletic director, profes-
    23  sor,  graduate  assistant,  college  administrator,  college  president,
    24  school  teacher,  school guidance counselor, school psychologist, school
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02830-01-9

        S. 1840                             2
 
     1  social worker,  school  nurse,  school  administrator  or  other  school
     2  personnel  required  to  hold  a  teaching  or administrative license or
     3  certificate; full or part-time compensated school employee  required  to
     4  hold  a temporary coaching license or professional coaching certificate;
     5  social services worker; employee of a publicly-funded emergency  shelter
     6  for families with children; director or any paid staff member of a chil-
     7  dren's  overnight camp, summer day camp or traveling summer day camp, as
     8  such camps are defined in section thirteen  hundred  ninety-two  of  the
     9  public  health  law,  such  paid staff members shall include, but not be
    10  limited to, any individuals  who  may  interact  with  children  through
    11  employment  at such camps or employment at premises where such camps are
    12  located; day care center worker; school-age child care worker;  provider
    13  of  family or group family day care; employee or volunteer in a residen-
    14  tial care facility for children that is licensed, certified or  operated
    15  by  the  office of children and family services; or any other child care
    16  or foster care worker; mental health professional; substance abuse coun-
    17  selor; alcoholism counselor; all persons credentialed by the  office  of
    18  alcoholism  and substance abuse services; employees, who are expected to
    19  have regular and substantial contact with children, of a health home  or
    20  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.  Subdivision  2  of  section  1392  of the public health law, as
    30  amended by chapter 439 of the laws  of  2009,  is  amended  to  read  as
    31  follows:
    32    2.  "Summer  day  camp" shall mean a property consisting of a tract of
    33  land and any tents, vehicles, buildings or other structures that may  be
    34  pertinent  to  its use, any part of which may be occupied on a scheduled
    35  basis at any time between June first and September fifteenth in any year
    36  by children under sixteen years of age under  general  supervision,  for
    37  the purpose of any indoor or outdoor organized group activities, involv-
    38  ing one or more: (i) nonpassive recreational activities with significant
    39  risk  of  injury,  as  such  activities are defined by the department in
    40  rules and regulations, or (ii) educational programs or activities, for a
    41  period of less than twenty-four hours on any  day  the  property  is  so
    42  occupied, and on which no provisions are made for overnight occupancy by
    43  such  children.  The commissioner shall have the power to except by rule
    44  from this article and the sanitary code a place,  facility  or  activity
    45  that  is  not  within  the  intent  of this definition, provided that no
    46  exception may be granted to a summer day camp which is  dedicated  to  a
    47  single  activity  if  that  activity  meets the criteria of a nonpassive
    48  recreational activity with significant risk of injury or  is  an  educa-
    49  tional program or activity.
    50    § 3. This act shall take effect on the one hundred twentieth day after
    51  it  shall have become a law. Effective immediately, the addition, amend-
    52  ment and/or repeal of any rule or regulation necessary for the implemen-
    53  tation of this act on its effective date are authorized to be made on or
    54  before such date.
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