Bill Text: NY S03742 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires certain persons and officials required to report suspected child abuse and maltreatment to complete ongoing training; further requires all teachers, school superintendents and licensed professionals who are required to report cases of child abuse and maltreatment to complete training in the reporting of suspected cases of child abuse and maltreatment at least once every 2 years.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CHILDREN AND FAMILIES [S03742 Detail]
Download: New_York-2017-S03742-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3742 2017-2018 Regular Sessions IN SENATE January 26, 2017 ___________ Introduced by Sens. MONTGOMERY, COMRIE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the social services law, in relation to requiring persons and officials required to report suspected child abuse or maltreatment to complete certain ongoing training; to amend the educa- tion law, in relation to requiring school superintendents, teachers and certain other licensed professionals to complete training in the reporting of suspected cases of child abuse and maltreatment; and to amend the executive law and the public health law, in relation to child abuse prevention The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 413 of the social services law is amended by adding 2 a new subdivision 1-a to read as follows: 3 1-a. (a) Every person and official required to report child abuse or 4 maltreatment, pursuant to subdivision one of this section, shall, prior 5 to assumption of the position which requires such reporting, complete 6 two hours of coursework or training regarding the identification and 7 reporting of child abuse and maltreatment; provided that every person 8 and official holding such a position on or before the effective date of 9 this paragraph shall complete such coursework or training within one 10 year of the effective date of this subdivision. 11 (b) Every district attorney, assistant district attorney, police offi- 12 cer, peace officer, investigator employed in the office of the district 13 attorney, pediatrician, physician who is employed in an emergency room, 14 registered nurse and registered physician assistant who is employed by a 15 pediatrician or in an emergency room, teacher, child care worker, foster 16 care worker, medical examiner, coroner, preventive services worker, 17 child protective services worker, social worker whose employment 18 involves regular interaction with children, substance abuse and alcohol- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07116-01-7S. 3742 2 1 ism counselor whose employment involves regular interaction with chil- 2 dren, and mental health professional whose employment involves regular 3 interaction with children required to report child abuse or maltreat- 4 ment, pursuant to subdivision one of this section, shall, not less than 5 once every two years, complete two and one-half hours of coursework or 6 training regarding the identification and reporting of child abuse and 7 maltreatment. Such continuing coursework or training shall, to the 8 greatest extent possible, include advanced training which builds on the 9 initial or earlier coursework required in this subdivision. 10 (c) Except as otherwise provided by the education law, the office of 11 children and family services shall approve and/or establish the course- 12 work and training required to implement the provisions of this subdivi- 13 sion. Such coursework and training may be developed so that it can be 14 offered through various means including, but not limited to, internet 15 based courses and teleconferences. 16 § 2. Subdivision 4 of section 3003 of the education law, as amended by 17 chapter 737 of the laws of 1992, is amended to read as follows: 18 4. Notwithstanding any other provision of law, the commissioner shall 19 require that any person applying[, on or after January first, nineteen20hundred ninety-one,] for a superintendent's certificate shall, in addi- 21 tion to all the other requirements, have completed two hours of course- 22 work or training regarding the identification and reporting of child 23 abuse and maltreatment, and shall thereafter complete two and one-half 24 additional hours of such coursework or training at least once every 25 period of two years. Such coursework or training shall be provided 26 pursuant to section sixty-five hundred two-a of this chapter as if the 27 superintendent was an applicant for or holder of a license to practice a 28 profession pursuant to title eight of this chapter. The coursework or 29 training shall be obtained from an institution or provider which has 30 been approved by the department to provide such coursework or training. 31 The coursework or training shall include information regarding the phys- 32 ical and behavioral indicators of child abuse and maltreatment and the 33 statutory reporting requirements set out in sections four hundred thir- 34 teen through four hundred twenty of the social services law, including 35 but not limited to, when and how a report must be made, what other 36 actions the reporter is mandated or authorized to take, the legal 37 protections afforded reporters, and the consequences for failing to 38 report. Each applicant shall provide the department with documentation 39 showing that he or she has completed the required training. 40 § 3. Section 3209-a of the education law, as added by chapter 504 of 41 the laws of 1988, is amended to read as follows: 42 § 3209-a. Child abuse prevention. Each school district of the state 43 shall: (1) develop, maintain and disseminate written policies and proce- 44 dures pursuant to title six of article six of the social services law 45 and applicable provisions of article ten of the family court act, 46 regarding the mandatory reporting of child abuse or neglect, reporting 47 procedures and obligations of persons required to report, provisions for 48 taking a child into protective custody, mandatory reporting of deaths, 49 immunity from liability, penalties for failure to report and obligations 50 for the provision of services and procedures necessary to safeguard the 51 life or health of the child; and (2) establish, and implement on an 52 ongoing basis, a training program for all current and new school offi- 53 cials regarding the policies and procedures established pursuant to this 54 section and the signs and symptoms that school officials may be likely 55 to encounter which may indicate the presence of child abuse or maltreat- 56 ment.S. 3742 3 1 § 4. Subdivision 2 of section 3004 of the education law, as amended by 2 chapter 737 of the laws of 1992, is amended to read as follows: 3 2. Notwithstanding any other provision of law, the commissioner shall 4 prescribe regulations requiring that all persons applying[, on or after5January first, nineteen hundred ninety-one,] for a certificate or 6 license to be a teacher shall, in addition to all the other certif- 7 ication or licensure requirements, have completed two hours of course- 8 work or training regarding the identification and reporting of child 9 abuse and maltreatment, and shall thereafter complete two and one-half 10 additional hours of such coursework or training at least once every 11 period of two years. Such coursework or training shall be provided 12 pursuant to section sixty-five hundred two-a of this chapter as if the 13 teacher was an applicant for or holder of a license to practice a 14 profession pursuant to title eight of this chapter. The coursework or 15 training shall be obtained from an institution or provider which has 16 been approved by the department to provide such coursework or training. 17 The coursework or training shall include information regarding the phys- 18 ical and behavioral indicators of child abuse and maltreatment and the 19 statutory reporting requirements set out in sections four hundred thir- 20 teen through four hundred twenty of the social services law, including 21 but not limited to, when and how a report must be made, what other 22 actions the reporter is mandated or authorized to take, the legal 23 protections afforded reporters, and the consequences for failing to 24 report. Each applicant shall provide the department with documentation 25 showing that he or she has completed the required training. 26 § 5. The closing paragraph of section 3007 of the education law, as 27 amended by chapter 544 of the laws of 1988, is amended to read as 28 follows: 29 Such endorsement confers on the holder of such diploma or certificate 30 the privileges conferred by law on the holder of the diploma of a state 31 teachers college or state college for teachers or state certificate 32 issued in this state. Notwithstanding any other provision of law, the 33 commissioner shall require that any person seeking endorsement of a 34 foreign certificate or diploma[, on or after January first, nineteen35hundred ninety-one,] shall have completed two hours of coursework or 36 training regarding the identification and reporting of child abuse and 37 maltreatment, and shall thereafter complete two and one-half additional 38 hours of such coursework or training at least once every period of two 39 years. Such coursework or training shall be provided pursuant to section 40 sixty-five hundred two-a of this chapter as if the teacher was an appli- 41 cant for or holder of a license to practice a profession pursuant to 42 title eight of this chapter. The coursework or training shall be 43 obtained from an institution or provider which has been approved by the 44 department to provide such [course work] coursework or training. The 45 coursework or training shall include information regarding the physical 46 and behavioral indicators of child abuse and maltreatment and the statu- 47 tory reporting requirements set out in sections four hundred thirteen 48 through four hundred twenty of the social services law, including but 49 not limited to, when and how a report must be made, what other actions 50 the reporter is mandated or authorized to take, the legal protections 51 afforded reporters, and the consequences for failing to report. Each 52 applicant shall provide the department with documentation showing that 53 he or she has completed the required training. 54 § 6. Subdivision 1 of section 6501 of the education law, as amended by 55 chapter 299 of the laws of 2016, is amended to read as follows:S. 3742 4 1 1. Admission to practice of a profession in this state is accomplished 2 by a license being issued to a qualified applicant by the education 3 department. To qualify for a license an applicant shall meet the 4 requirements prescribed in the article for the particular profession and 5 shall meet the requirements prescribed in section 3-503 of the general 6 obligations law and, where applicable, the requirements of section 7 sixty-five hundred two-a of this subarticle. 8 § 7. Subdivision 1 of section 6502 of the education law, as amended by 9 chapter 599 of the laws of 1996, is amended to read as follows: 10 1. A license shall be valid during the life of the holder unless 11 revoked, annulled or suspended by the board of regents or in the case of 12 physicians, physicians practicing under a limited permit, physician's 13 assistants, specialist's assistants and medical residents, the licensee 14 is stricken from the roster of such licensees by the board of regents on 15 the order of the state board for professional medical conduct in the 16 department of health. A licensee must register with the department and 17 meet the requirements prescribed in section 3-503 of the general obli- 18 gations law and, where applicable, the requirements of section sixty- 19 five hundred two-a of this subarticle to practice in this state. 20 § 8. The education law is amended by adding a new section 6502-a to 21 read as follows: 22 § 6502-a. Mandated reporting of suspected child abuse or maltreatment 23 training. 1. Each applicant for a license to practice a profession 24 pursuant to this title, the practice of which requires the licensee to 25 report suspected cases of child abuse and maltreatment pursuant to 26 section four hundred thirteen of the social services law, shall, prior 27 to being licensed to practice such profession, complete two hours of 28 coursework or training regarding the identification and reporting of 29 child abuse and maltreatment. Every person licensed to practice a 30 profession pursuant to this title prior to the effective date of this 31 section, the practice of which requires the licensee to report suspected 32 cases of child abuse and maltreatment pursuant to section four hundred 33 thirteen of the social services law, shall complete such coursework or 34 training within one year of the effective date of this section. 35 2. Each person required to complete coursework or training pursuant to 36 subdivision one of this section, who is employed or serves in a position 37 listed in paragraph (b) of subdivision one-a of section four hundred 38 thirteen of the social services law, shall thereafter complete an addi- 39 tional two and one-half hours of coursework or training regarding the 40 identification and reporting of child abuse and maltreatment at least 41 once every period of two years. Such continuing coursework or training 42 shall, to the greatest extent possible, include advanced training which 43 builds on the initial or earlier coursework required in this subdivi- 44 sion. 45 3. The department may develop a training curriculum regarding the 46 identification and reporting of child abuse and maltreatment which shall 47 be used to provide the coursework and training required by this section, 48 provided, however, that if the department shall fail to develop such a 49 training curriculum, then the required curriculum for the coursework and 50 training required by this section shall be the training curriculum 51 relating thereto developed by the office of children and family 52 services. Every training curriculum developed by the department pursuant 53 to this subdivision shall be subject to the approval of the office of 54 children and family services. The department shall require every insti- 55 tution and provider of coursework or training pursuant to this section 56 to utilize an approved curriculum. Such coursework and training may beS. 3742 5 1 developed so that it can be offered through various means including, but 2 not limited to, internet based courses and teleconferences. 3 § 9. Paragraph a of subdivision 3 of section 6507 of the education 4 law, as amended by chapter 554 of the laws of 2013, is amended to read 5 as follows: 6 a. Establish standards for preprofessional and professional education, 7 experience and licensing examinations as required to implement the arti- 8 cle for each profession. Notwithstanding any other provision of law, the 9 commissioner shall establish standards requiring that all persons apply- 10 ing[, on or after January first, nineteen hundred ninety-one,] initial- 11 ly, or for the renewal of, a license, registration or limited permit to 12 be a physician, chiropractor, dentist, registered nurse, podiatrist, 13 optometrist, psychiatrist, psychologist, licensed master social worker, 14 licensed clinical social worker, licensed creative arts therapist, 15 licensed marriage and family therapist, licensed mental health counse- 16 lor, licensed psychoanalyst, dental hygienist, licensed behavior 17 analyst, [or] certified behavior analyst assistant or any other profes- 18 sion which is required to report cases of suspected child abuse and 19 maltreatment, pursuant to section four hundred thirteen of the social 20 services law, shall, in addition to all the other licensure, certif- 21 ication or permit requirements, have completed two hours of coursework 22 or training regarding the identification and reporting of child abuse 23 and maltreatment and if they are listed in paragraph (b) of subdivision 24 one-a of section four hundred thirteen of the social services law, shall 25 thereafter complete two and one-half additional hours of such coursework 26 or training at least once every period of two years in accordance with 27 the provisions of section sixty-five hundred two-a of this article. The 28 coursework or training shall be obtained from an institution or provider 29 which has been approved by the department to provide such coursework or 30 training. The coursework or training shall include information regarding 31 the physical and behavioral indicators of child abuse and maltreatment 32 and the statutory reporting requirements set out in sections four 33 hundred thirteen through four hundred twenty of the social services law, 34 including but not limited to, when and how a report must be made, what 35 other actions the reporter is mandated or authorized to take, the legal 36 protections afforded reporters, and the consequences for failing to 37 report. Such coursework or training may also include information regard- 38 ing the physical and behavioral indicators of the abuse of individuals 39 with [mental retardation and other] developmental disabilities and 40 voluntary reporting of abused or neglected adults to the office [of41mental retardation and] for people with developmental disabilities or 42 the local adult protective services unit. Each applicant shall provide 43 the department with documentation showing that he or she has completed 44 the required training. The department shall provide an exemption from 45 the child abuse and maltreatment training requirements to any applicant 46 who requests such an exemption and who shows, to the department's satis- 47 faction, that there would be no need because of the nature of his or her 48 practice for him or her to complete such training; 49 § 10. Section 214-a of the executive law, as added by chapter 504 of 50 the laws of 1988, is amended to read as follows: 51 § 214-a. Child abuse prevention. The superintendent shall, for all 52 members of the state police: (1) develop, maintain and disseminate writ- 53 ten policies and procedures pursuant to title six of article six of the 54 social services law and applicable provisions of article ten of the 55 family court act, regarding the mandatory reporting of child abuse or 56 neglect, reporting procedures and obligations of persons required toS. 3742 6 1 report, provisions for taking a child into protective custody, mandatory 2 reporting of deaths, immunity from liability, penalties for failure to 3 report and obligations for the provision of services and procedures 4 necessary to safeguard the life or health of the child; [and] (2) estab- 5 lish, and implement on an ongoing basis, a training program for all 6 current and new employees regarding the policies and procedures estab- 7 lished pursuant to this section; and (3) establish, and implement on an 8 ongoing basis, a training program for all current and new employees who 9 are likely to come into contact with children in the course of their 10 professional duties, regarding the identification and investigation of 11 child abuse and maltreatment and any protocols that exist regarding 12 investigating suspected incidents of child abuse and maltreatment joint- 13 ly with local departments of social services. 14 § 11. Paragraph (j) of subdivision 1 of section 840 of the executive 15 law, as amended by chapter 617 of the laws of 1990, is amended to read 16 as follows: 17 (j) (1) Development, maintenance and dissemination of written policies 18 and procedures pursuant to title six of article six of the social 19 services law and applicable provisions of article ten of the family 20 court act, regarding the mandatory reporting of child abuse or neglect, 21 reporting procedures and obligations of persons required to report, 22 provisions for taking a child into protective custody, mandatory report- 23 ing of deaths, immunity from liability, penalties for failure to report 24 and obligations for the provision of services and procedures necessary 25 to safeguard the life or health of the child; (2) establishment and 26 implementation on an ongoing basis, of a training program for all 27 current and new police officers regarding the policies and procedures 28 established pursuant to this paragraph and the identification and inves- 29 tigation of child abuse and maltreatment and any protocols that exist 30 regarding investigating suspected incidents of child abuse and maltreat- 31 ment jointly with local departments of social services; and (3) estab- 32 lishment of a training program for police officers whose main responsi- 33 bilities are juveniles and the laws pertaining thereto, which training 34 program shall be successfully completed before such officers are accred- 35 ited pursuant to section eight hundred forty-six-h of this chapter. 36 § 12. Section 2805-n of the public health law, as added by chapter 504 37 of the laws of 1988, is amended to read as follows: 38 § 2805-n. Child abuse prevention. All hospitals shall: (i) develop, 39 maintain and disseminate written policies and procedures pursuant to 40 title six of article six of the social services law and applicable 41 provisions of article ten of the family court act, regarding the manda- 42 tory reporting of child abuse or neglect, reporting procedures and obli- 43 gations of persons required to report, provisions for taking a child 44 into protective custody, mandatory reporting of deaths, immunity from 45 liability, penalties for failure to report and obligations for the 46 provision of services and procedures necessary to safeguard the life or 47 health of the child; [and] (ii) establish, and implement on an ongoing 48 basis, a training program for all current and new employees regarding 49 the policies and procedures established pursuant to this section; and 50 (iii) establish and implement, on an ongoing basis, a training program 51 for all current and new employees who regularly assess injuries in chil- 52 dren regarding the identification of child abuse and maltreatment. 53 § 13. This act shall take effect on the one hundred twentieth day 54 after it shall have become a law, provided that the promulgation, amend- 55 ment and/or repeal of any rule or regulation necessary to implement the 56 provisions of this act on its effective date is authorized and directedS. 3742 7 1 to be completed on or before such date provided, further, that if chap- 2 ter 299 of the laws of 2016 shall not have taken effect on or before 3 such date then section six of this act shall take effect on the same 4 date and in the same manner as such chapter of the laws of 2016 takes 5 effect.
