Bill Text: NY A01556 | 2011-2012 | General Assembly | Amended

---

Bill Title: Relates to mandatory reporting of allegations of physical or sexual abuse of a child with developmental, mental or physical disabilities residing in a facility operated by the department of mental hygiene or a private facility.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2012-01-04 - referred to mental health [A01556 Detail]

Download: New_York-2011-A01556-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1556--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 10, 2011
                                      ___________
       Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
         on Mental  Health  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the mental hygiene law, in relation to mandatory report-
         ing  of  allegations  of  physical or sexual abuse of a child or adult
         with developmental, mental  or  physical  disabilities  and  of  death
         occurring in a suspicious, unusual, untimely or unexplained manner
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The mental  hygiene  law  is  amended  by  adding  two  new
    2  sections 16.38 and 16.39 to read as follows:
    3  S 16.38 MANDATORY REPORTING OF PHYSICAL OR SEXUAL ABUSE.
    4    (A)  ANY  AND  ALL ALLEGATIONS OF PHYSICAL OR SEXUAL ABUSE OF A PERSON
    5  WITH DEVELOPMENTAL, MENTAL OR PHYSICAL DISABILITIES RESIDING IN A FACIL-
    6  ITY OPERATED, CERTIFIED, LICENSED, FUNDED OR OTHERWISE AUTHORIZED BY THE
    7  DEPARTMENT OR ANY OTHER PRIVATE FACILITY  CARING  FOR  SUCH  INDIVIDUALS
    8  REPORTED  TO  ANY  ABUSE HOTLINE SHALL BE IMMEDIATELY FORWARDED TO LOCAL
    9  LAW ENFORCEMENT AND THE LOCAL DISTRICT ATTORNEY'S OFFICE.
   10    (B) ALL MANDATORY REPORTERS,  SUPERVISORS  AND  ANY  OTHER  INDIVIDUAL
   11  RECEIVING  A  COMPLAINT OR REPORTING AN ALLEGATION OF PHYSICAL OR SEXUAL
   12  ABUSE OF A PERSON WITH DEVELOPMENTAL, MENTAL  OR  PHYSICAL  DISABILITIES
   13  RESIDING  IN  A FACILITY OPERATED, CERTIFIED, LICENSED, FUNDED OR OTHER-
   14  WISE AUTHORIZED BY THE DEPARTMENT OR ANY OTHER PRIVATE  FACILITY  CARING
   15  FOR  SUCH  INDIVIDUALS  SHALL IMMEDIATELY REPORT THE ALLEGATION TO LOCAL
   16  LAW ENFORCEMENT, LOCAL DISTRICT ATTORNEY'S OFFICE, CHILD ABUSE  HOTLINE,
   17  IF  APPLICABLE,  ADULT  PROTECTIVE  SERVICES,  IF APPLICABLE, AND TO THE
   18  STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT.
   19    (C)(I) ANY ALLEGATION OF  AN  ABUSED  CHILD  IN  RESIDENTIAL  CARE  AS
   20  DEFINED  IN  SUBDIVISION  ONE  OF  SECTION  FOUR HUNDRED TWELVE-A OF THE
   21  SOCIAL SERVICES LAW TO ANY ABUSE HOTLINE, STATEWIDE, SHALL BE IMMEDIATE-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03967-03-1
       A. 1556--A                          2
    1  LY FORWARDED TO LOCAL LAW ENFORCEMENT AND THE LOCAL DISTRICT  ATTORNEY'S
    2  OFFICE.
    3    (II)  ANY  ALLEGATION  OF  AN ABUSE TO A YOUTH RESIDING IN RESIDENTIAL
    4  CARE AS THE TERM IS DEFINED IN PARAGRAPH (A) OR (B) OF SUBDIVISION  FOUR
    5  OF SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES LAW TO ANY ABUSE
    6  HOTLINE  SHALL  BE IMMEDIATELY FORWARDED TO LOCAL LAW ENFORCEMENT, LOCAL
    7  DISTRICT ATTORNEY'S OFFICE AND THE STATEWIDE CENTRAL REGISTER  OF  CHILD
    8  ABUSE AND MALTREATMENT.
    9    (D)  ALL  FACILITIES,  DAY  PROGRAMS,  GROUP HOMES AND OTHER PROVIDERS
   10  OPERATED, LICENSED, FUNDED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT  OR
   11  ANY OTHER PRIVATE FACILITY CARING FOR SUCH INDIVIDUALS SHALL COMPLY WITH
   12  SUBDIVISIONS (B) AND (C) OF THIS SECTION.
   13  S 16.39 MANDATORY REPORTING OF DEATH OCCURRING IN A SUSPICIOUS, UNUSUAL,
   14            UNTIMELY OR UNEXPLAINED MANNER.
   15    (A)  ANY  DEATH  OCCURRING IN A SUSPICIOUS, UNUSUAL, UNTIMELY OR UNEX-
   16  PLAINED MANNER OF A PERSON WITH DEVELOPMENTAL, MENTAL OR PHYSICAL  DISA-
   17  BILITIES RESIDING IN A FACILITY OPERATED, CERTIFIED, LICENSED, FUNDED OR
   18  OTHERWISE  AUTHORIZED  BY  THE  DEPARTMENT OR ANY OTHER PRIVATE FACILITY
   19  CARING FOR SUCH INDIVIDUALS SHALL BE IMMEDIATELY REPORTED TO  LOCAL  LAW
   20  ENFORCEMENT AND THE LOCAL DISTRICT ATTORNEY'S OFFICE.
   21    (B)  ANY  DEATH  OCCURRING IN A SUSPICIOUS, UNUSUAL, UNTIMELY OR UNEX-
   22  PLAINED MANNER OF A CHILD IN RESIDENTIAL CARE AS DEFINED IN  SUBDIVISION
   23  ONE OF SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES LAW SHALL BE
   24  REPORTED  TO LOCAL LAW ENFORCEMENT, THE LOCAL DISTRICT ATTORNEY'S OFFICE
   25  AND THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT WITH-
   26  IN THREE DAYS OF THE DATE OF SUCH DEATH.
   27    (C) ALL FACILITIES, DAY PROGRAMS,  GROUP  HOMES  AND  OTHER  PROVIDERS
   28  OPERATED,  LICENSED, FUNDED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT OR
   29  ANY OTHER PRIVATE FACILITY CARING FOR SUCH INDIVIDUALS SHALL COMPLY WITH
   30  SUBDIVISIONS (A) AND (B) OF THIS SECTION.
   31    S 2. This act shall take effect on the ninetieth day  after  it  shall
   32  have become a law.