Bill Text: NY S02709 | 2023-2024 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CHILDREN AND FAMILIES [S02709 Detail]

Download: New_York-2023-S02709-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2709

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 24, 2023
                                       ___________

        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.
                                                                   LBD07110-01-3

        S. 2709                             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; employees, who are expected to have  regular  and  substantial
    19  contact  with  children, of a health home or health home care management
    20  agency contracting with a health home as designated by the department of
    21  health and authorized under section three hundred sixty-five-l  of  this
    22  chapter  or such employees who provide home and community based services
    23  under a demonstration program pursuant to section eleven hundred fifteen
    24  of the federal social security act who are expected to have regular  and
    25  substantial  contact  with  children;  peace  officer;  police  officer;
    26  district attorney or assistant district attorney; investigator  employed
    27  in the office of a district attorney; or other law enforcement official.
    28    §  2.  Section 404 of the not-for-profit corporation law is amended by
    29  adding a new paragraph (w) to read as follows:
    30    (w) Every certificate of incorporation which includes as  the  primary
    31  purpose the operation of a corporation where its employees or volunteers
    32  are  expected  to  have regular and substantial contact with youth under
    33  the age of eighteen through activities, events, or gatherings  and  such
    34  corporation  has  been  designated  by the office of children and family
    35  services, pursuant to  section  four  hundred  thirteen  of  the  social
    36  services  law,  shall have endorsed thereon or annexed thereto notice to
    37  the office of children and family services of the incorporation.
    38    § 3. The executive law is amended by adding a new section 111 to  read
    39  as follows:
    40    §  111.  Notice  to certain corporations related to reporting require-
    41  ments.  The secretary of state, in consultation with the office of chil-
    42  dren and family services, shall provide notice to  any  entity  incorpo-
    43  rated  pursuant  to  article  four of the not-for-profit corporation law
    44  prior to the effective date of this section who has  since  been  desig-
    45  nated  by the office of children and family services pursuant to section
    46  four hundred thirteen of the social services law. Upon such notice, such
    47  not-for-profit corporation shall be required to  meet  the  requirements
    48  contained in section four hundred thirteen of the social services law.
    49    §  4.  This  act shall take effect on the ninetieth day after it shall
    50  have become a law. Effective immediately, the addition, amendment and/or
    51  repeal of any rule or regulation necessary  for  the  implementation  of
    52  this  act  on its effective date are authorized to be made and completed
    53  on or before such effective date.
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