Bill Text: NY A07540 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Republican 10-2)

Status: (Introduced - Dead) 2016-05-10 - held for consideration in children and families [A07540 Detail]

Download: New_York-2015-A07540-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7540
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 18, 2015
                                      ___________
       Introduced by M. of A. TEDISCO, BROOK-KRASNY, JOHNS, PALMESANO, CERETTO,
         DUPREY,  TENNEY,  HAWLEY  --  Multi-Sponsored  by  -- M. of A. CROUCH,
         FINCH, KATZ, MAGEE, TITONE -- read once and referred 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 separately amended by chapters 126 and 205 of the  laws
    3  of 2014, 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-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02659-01-5
       A. 7540                             2
    1  SOR,  GRADUATE  ASSISTANT,  COLLEGE  ADMINISTRATOR,  COLLEGE  PRESIDENT,
    2  school teacher, school guidance counselor, school  psychologist,  school
    3  social  worker,  school  nurse,  school  administrator  or  other school
    4  personnel  required  to  hold  a  teaching  or administrative license or
    5  certificate; full or part-time compensated school employee  required  to
    6  hold  a temporary coaching license or professional coaching certificate;
    7  social services worker; director OR ANY PAID STAFF  MEMBER  of  a  chil-
    8  dren's  overnight camp, summer day camp or traveling summer day camp, as
    9  such camps are defined in section thirteen  hundred  ninety-two  of  the
   10  public  health  law,  SUCH  PAID STAFF MEMBERS SHALL INCLUDE, BUT NOT BE
   11  LIMITED TO, ANY INDIVIDUALS  WHO  MAY  INTERACT  WITH  CHILDREN  THROUGH
   12  EMPLOYMENT  AT SUCH CAMPS OR EMPLOYMENT AT PREMISES WHERE SUCH CAMPS ARE
   13  LOCATED; day care center worker; school-age child care worker;  provider
   14  of  family or group family day care; employee or volunteer in a residen-
   15  tial care facility for children that is licensed, certified or  operated
   16  by  the  office of children and family services; or any other child care
   17  or foster care worker; mental health professional; substance abuse coun-
   18  selor; alcoholism counselor; all persons credentialed by the  office  of
   19  alcoholism  and substance abuse services; peace officer; police officer;
   20  district attorney or assistant district attorney; investigator  employed
   21  in the office of a district attorney; or other law enforcement official.
   22    S  2.  Subdivision  2  of  section  1392  of the public health law, as
   23  amended by chapter 439 of the laws  of  2009,  is  amended  to  read  as
   24  follows:
   25    2.  "Summer  day  camp" shall mean a property consisting of a tract of
   26  land and any tents, vehicles, buildings or other structures that may  be
   27  pertinent  to  its use, any part of which may be occupied on a scheduled
   28  basis at any time between June first and September fifteenth in any year
   29  by children under sixteen years of age under  general  supervision,  for
   30  the purpose of ANY indoor or outdoor organized group activities, involv-
   31  ing ONE OR MORE: (I) nonpassive recreational activities with significant
   32  risk  of  injury,  as  such  activities are defined by the department in
   33  rules and regulations, OR (II) EDUCATIONAL PROGRAMS OR ACTIVITIES, for a
   34  period of less than twenty-four hours on any  day  the  property  is  so
   35  occupied, and on which no provisions are made for overnight occupancy by
   36  such  children.  The commissioner shall have the power to except by rule
   37  from this article and the sanitary code a place,  facility  or  activity
   38  that  is  not  within  the  intent  of this definition, PROVIDED THAT NO
   39  EXCEPTION MAY BE GRANTED TO A SUMMER DAY CAMP WHICH IS  DEDICATED  TO  A
   40  SINGLE  ACTIVITY  IF  THAT  ACTIVITY  MEETS THE CRITERIA OF A NONPASSIVE
   41  RECREATIONAL ACTIVITY WITH SIGNIFICANT RISK OF INJURY OR  IS  AN  EDUCA-
   42  TIONAL PROGRAM OR ACTIVITY.
   43    S 3. This act shall take effect on the one hundred twentieth day after
   44  it shall have become a law provided, however, that if chapter 205 of the
   45  laws  of  2014  shall  not have taken effect on or before such date then
   46  section one of this act shall take effect on the same date  and  in  the
   47  same manner as such chapter of the laws of 2014 takes effect.  Effective
   48  immediately,  the addition, amendment and/or repeal of any rule or regu-
   49  lation necessary for the implementation of this  act  on  its  effective
   50  date is authorized to be made on or before such date.