Bill Text: NY A09542 | 2017-2018 | General Assembly | Amended


Bill Title: Requires certain persons and officials to report cases of suspected domestic violence.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-05-03 - print number 9542a [A09542 Detail]

Download: New_York-2017-A09542-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         9542--A
                   IN ASSEMBLY
                                    January 22, 2018
                                       ___________
        Introduced  by M. of A. JONES -- read once and referred to the Committee
          on Social Services --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        AN  ACT  to  amend  the  social  services  law, in relation to requiring
          certain persons and officials to report cases  of  suspected  domestic
          violence
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The social services law is amended by adding a new  section
     2  459-i to read as follows:
     3    §  459-i.  Persons and officials required to report cases of suspected
     4  domestic violence. 1. (a) Persons and officials  in  cities,  towns  and
     5  villages  (i)  with a population less than one million; and (ii) located
     6  in a county which has declared an agency other  than  a  law-enforcement
     7  agency as its primary domestic violence agency are required to report or
     8  cause a report to be made in accordance with this article when they have
     9  reasonable  cause  to  suspect  that an individual coming before them in
    10  their professional or  official  capacity  is  the  victim  of  domestic
    11  violence. Such persons shall include, but are not limited to: any physi-
    12  cian;  registered physician assistant; surgeon; medical examiner; coron-
    13  er; dentist; dental  hygienist;  osteopath;  optometrist;  chiropractor;
    14  podiatrist;  resident;  intern;  psychologist;  registered  nurse; nurse
    15  practitioner; social  worker;  emergency  medical  technician;  licensed
    16  creative   arts  therapist;  licensed  marriage  and  family  therapist;
    17  licensed  mental  health  counselor;  licensed  psychoanalyst;  licensed
    18  behavior analyst; certified behavior analyst assistant; hospital person-
    19  nel engaged in the admission, examination, care or treatment of persons;
    20  a Christian Science practitioner; school official, which includes but is
    21  not  limited  to  school  teacher,  school  guidance  counselor,  school
    22  psychologist, school social worker, school nurse,  school  administrator
    23  or  other school personnel required to hold a teaching or administrative
    24  license or certificate; full or part-time  compensated  school  employee
    25  required  to  hold a temporary coaching license or professional coaching
    26  certificate; social services worker; employee of a publicly-funded emer-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13691-06-8

        A. 9542--A                          2
     1  gency shelter for families with children; director of a children's over-
     2  night camp, summer day camp or traveling summer day camp, as such  camps
     3  are  defined in section thirteen hundred ninety-two of the public health
     4  law;  day  care center worker; school-age child care worker; provider of
     5  family or group family day care; employee or volunteer in a  residential
     6  care  facility  for  children that is licensed, certified or operated by
     7  the office of children and family services; or any other child  care  or
     8  foster  care worker; mental health professional; substance abuse counse-
     9  lor; alcoholism counselor; all persons credentialed  by  the  office  of
    10  alcoholism  and substance abuse services; peace officer; police officer;
    11  district attorney or assistant district attorney; investigator  employed
    12  in the office of a district attorney; or other law enforcement official.
    13    (b)  Whenever  such person is required to report under this article in
    14  his or her capacity as a member of the  staff  of  a  medical  or  other
    15  public  or  private  institution,  school, facility or agency, he or she
    16  shall make the report as required by this article and immediately notify
    17  the person in charge of such institution, school, facility or agency, or
    18  his or her designated agent. Such person in charge,  or  the  designated
    19  agent  of  such person, shall be responsible for all subsequent adminis-
    20  tration necessitated by the report. Any report shall include  the  name,
    21  title  and contact information for every staff person of the institution
    22  who is believed to have direct  knowledge  of  the  allegations  in  the
    23  report.  Nothing  in this section or article is intended to require more
    24  than one report from any such institution, school or agency.
    25    (c) A medical or other public or private institution, school, facility
    26  or agency shall not take any retaliatory personnel action, as such  term
    27  is  defined in paragraph (e) of subdivision one of section seven hundred
    28  forty of the labor  law,  against  an  employee  because  such  employee
    29  believes that he or she has reasonable cause to suspect that an individ-
    30  ual is the victim of domestic violence and that employee therefore makes
    31  a  report  in  accordance with this article. No school, school official,
    32  child care provider, foster care  provider,  residential  care  facility
    33  provider, hospital, medical institution provider or mental health facil-
    34  ity  provider  shall  impose any conditions, including prior approval or
    35  prior notification, upon a member of their staff  specifically  required
    36  to report under this article.
    37    (d)  Social  services workers are required to report or cause a report
    38  to be made in accordance with this article  when  they  have  reasonable
    39  cause  to  suspect that an individual is the victim of domestic violence
    40  where a person comes before  them  in  their  professional  or  official
    41  capacity and states from personal knowledge facts, conditions or circum-
    42  stances  which,  if  correct,  would  render  the individual a victim of
    43  domestic violence.
    44    2. Any person, institution, school,  facility,  agency,  organization,
    45  partnership  or  corporation  which  employs  persons mandated to report
    46  suspected incidents of domestic violence pursuant to subdivision one  of
    47  this section shall provide all such current and new employees with writ-
    48  ten  information  explaining  the reporting requirements set out in such
    49  subdivision. Such written information shall be prepared by the  advisory
    50  council of the office for the prevention of domestic violence, and shall
    51  be  made available on the office for the prevention of domestic violence
    52  website.  The employers shall be responsible for  the  costs  associated
    53  with printing and distributing the written information.
    54    3.  The  office for the prevention of domestic violence shall create a
    55  form for the reporting of suspected domestic violence cases required  by
    56  subdivision one of this section. Such form shall be provided by a person

        A. 9542--A                          3
     1  required  to  report  suspected domestic violence cases to the suspected
     2  victim of domestic violence, and shall be made available on  the  office
     3  for  the  prevention  of  domestic  violence  website.  Such  form shall
     4  include, but not be limited to, a description of the circumstances lead-
     5  ing  to the suspected case of domestic violence, the alleged perpetrator
     6  of domestic violence, the date of the suspected incident and the  option
     7  for  the  victim  to  request a police report of such incident be filed.
     8  Such form shall be submitted by the person required to report  suspected
     9  domestic  violence cases to the county primary domestic violence agency.
    10  Such primary domestic violence agency shall keep all such forms on file.
    11    § 2. This act shall take effect on the thirtieth day  after  it  shall
    12  have become a law.
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