S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5253
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2015
                                      ___________
       Introduced by M. of A. WALKER -- read once and referred to the Committee
         on Children and Families
       AN  ACT  to  amend the social services law, in relation to expanding the
         persons responsible for reporting cases of suspected  child  abuse  to
         include  employees,  volunteers,  or  agents  of  any corporate entity
         having an agreement with a municipality as a homeless shelter provider
         and the development of procedures related thereto
         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 chapter 126 of the laws of 2014, is amended
    3  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-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07006-01-5
       A. 5253                             2
    1  lor,  school  psychologist,  school  social worker, school nurse, school
    2  administrator or other school personnel required to hold a  teaching  or
    3  administrative  license or certificate; social services worker; director
    4  of  a children's overnight camp, summer day camp or traveling summer day
    5  camp, as such camps are defined in section thirteen  hundred  ninety-two
    6  of  the public health law; day care center worker; school-age child care
    7  worker; provider of family or group family day care; employee or  volun-
    8  teer  in  a  residential  care  facility  for children that is licensed,
    9  certified or operated by the office of children and family services;  or
   10  any  other child care or foster care worker; mental health professional;
   11  substance abuse counselor; alcoholism  counselor;  all  persons  creden-
   12  tialed  by  the office of alcoholism and substance abuse services; peace
   13  officer; police officer; district attorney or assistant district  attor-
   14  ney;  investigator  employed  in  the  office of a district attorney; or
   15  other law enforcement official; OR EMPLOYEES, VOLUNTEERS, OR  AGENTS  OF
   16  ANY  CORPORATE ENTITY HAVING AN AGREEMENT WITH A MUNICIPALITY AS A HOME-
   17  LESS SHELTER PROVIDER.
   18    S 2. Paragraph (a) of subdivision 1  of  section  413  of  the  social
   19  services  law, as separately amended by chapters 126 and 205 of the laws
   20  of 2014, is amended to read as follows:
   21    (a) The following persons and officials  are  required  to  report  or
   22  cause  a  report to be made in accordance with this title when they have
   23  reasonable cause to suspect that a child coming  before  them  in  their
   24  professional  or  official capacity is an abused or maltreated child, or
   25  when they have reasonable cause to suspect that a child is an abused  or
   26  maltreated  child  where the parent, guardian, custodian or other person
   27  legally responsible for such child comes before them  in  their  profes-
   28  sional  or  official  capacity and states from personal knowledge facts,
   29  conditions or circumstances which, if correct, would render the child an
   30  abused or maltreated child: any physician; registered physician  assist-
   31  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
   32  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
   33  psychologist; registered nurse; social worker; emergency medical techni-
   34  cian;  licensed  creative  arts  therapist; licensed marriage and family
   35  therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
   36  licensed  behavior analyst; certified behavior analyst assistant; hospi-
   37  tal personnel engaged in the admission, examination, care  or  treatment
   38  of  persons;  a  Christian  Science practitioner; school official, which
   39  includes but is not limited to school teacher, school  guidance  counse-
   40  lor,  school  psychologist,  school  social worker, school nurse, school
   41  administrator or other school personnel required to hold a  teaching  or
   42  administrative  license  or  certificate;  full or part-time compensated
   43  school employee required to hold a temporary coaching license or profes-
   44  sional coaching certificate; social services worker; director of a chil-
   45  dren's overnight camp, summer day camp or traveling summer day camp,  as
   46  such  camps  are  defined  in section thirteen hundred ninety-two of the
   47  public health law; day care center worker; school-age child care worker;
   48  provider of family or group family day care; employee or volunteer in  a
   49  residential  care  facility  for children that is licensed, certified or
   50  operated by the office of children and family  services;  or  any  other
   51  child  care or foster care worker; mental health professional; substance
   52  abuse counselor; alcoholism counselor; all persons credentialed  by  the
   53  office of alcoholism and substance abuse services; peace officer; police
   54  officer;  district attorney or assistant district attorney; investigator
   55  employed in the office of a district attorney; or other law  enforcement
       A. 5253                             3
    1  official;  OR  EMPLOYEES,  VOLUNTEERS, OR AGENTS OF ANY CORPORATE ENTITY
    2  HAVING AN AGREEMENT WITH A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER.
    3    S    3.  Subdivision 5-a of section 488 of the social services law, as
    4  amended by chapter 8 of the laws of 2014, is amended to read as follows:
    5    5-a. "Human services professional" shall mean any:  physician;  regis-
    6  tered  physician assistant; surgeon; medical examiner; coroner; dentist;
    7  dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
    8  resident;  intern;  psychologist;  registered  nurse; licensed practical
    9  nurse; nurse practitioner; social worker; emergency medical  technician;
   10  licensed  creative  arts  therapist; licensed marriage and family thera-
   11  pist; licensed mental health counselor; licensed psychoanalyst; licensed
   12  behavior  analyst;  certified  behavior  analyst   assistant;   licensed
   13  speech/language pathologist or audiologist; licensed physical therapist;
   14  licensed  occupational  therapist;  hospital  personnel  engaged  in the
   15  admission, examination, care or treatment of persons; Christian  Science
   16  practitioner;  school  official,  which  includes  but is not limited to
   17  school teacher, school guidance counselor, school  psychologist,  school
   18  social  worker,  school  nurse,  school  administrator  or  other school
   19  personnel required to hold  a  teaching  or  administrative  license  or
   20  certificate; social services worker; any other child care or foster care
   21  worker; mental health professional; person credentialed by the office of
   22  alcoholism  and substance abuse services; peace officer; police officer;
   23  district attorney or assistant district attorney; investigator  employed
   24  in the office of a district attorney; or other law enforcement official;
   25  EMPLOYEES, VOLUNTEERS AND AGENTS OF ANY CORPORATE AGENT HAVING AN AGREE-
   26  MENT WITH A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER.
   27    S  4.  Subdivision  5-a  of section 488 of the social services law, as
   28  amended by chapter 205 of the laws  of  2014,  is  amended  to  read  as
   29  follows:
   30    5-a.  "Human  services professional" shall mean any: physician; regis-
   31  tered physician assistant; surgeon; medical examiner; coroner;  dentist;
   32  dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
   33  resident; intern; psychologist;  registered  nurse;  licensed  practical
   34  nurse;  nurse practitioner; social worker; emergency medical technician;
   35  licensed creative arts therapist; licensed marriage  and  family  thera-
   36  pist; licensed mental health counselor; licensed psychoanalyst; licensed
   37  behavior   analyst;   certified  behavior  analyst  assistant;  licensed
   38  speech/language pathologist or audiologist; licensed physical therapist;
   39  licensed occupational  therapist;  hospital  personnel  engaged  in  the
   40  admission,  examination, care or treatment of persons; Christian Science
   41  practitioner; school official, which includes  but  is  not  limited  to
   42  school  teacher,  school guidance counselor, school psychologist, school
   43  social worker,  school  nurse,  school  administrator  or  other  school
   44  personnel  required  to  hold  a  teaching  or administrative license or
   45  certificate; full or part-time compensated school employee  required  to
   46  hold  a temporary coaching license or professional coaching certificate;
   47  social services worker; any other child  care  or  foster  care  worker;
   48  mental  health  professional; person credentialed by the office of alco-
   49  holism and substance abuse  services;  peace  officer;  police  officer;
   50  district  attorney or assistant district attorney; investigator employed
   51  in the office of a district attorney; or other law enforcement official;
   52  EMPLOYEES, VOLUNTEERS AND AGENTS OF ANY CORPORATE AGENT HAVING AN AGREE-
   53  MENT WITH A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER.
   54    S 5. Section 413 of the social services law is amended by adding a new
   55  subdivision 5 to read as follows:
       A. 5253                             4
    1    5. ANY PERSON, INSTITUTION OR CORPORATE AGENT HAVING AN AGREEMENT WITH
    2  A MUNICIPALITY AS A HOMELESS SHELTER PROVIDER WHICH EMPLOYS PERSONS  WHO
    3  ARE  MANDATED  TO REPORT SUSPECTED INCIDENTS OF CHILD ABUSE OR MALTREAT-
    4  MENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL DEVELOP, MAINTAIN
    5  AND DISSEMINATE WRITTEN POLICIES AND PROCEDURES PURSUANT TO TITLE SIX OF
    6  ARTICLE  SIX  OF  THE  SOCIAL  SERVICES LAW AND APPLICABLE PROVISIONS OF
    7  ARTICLE TEN OF THE FAMILY COURT ACT, REGARDING THE  MANDATORY  REPORTING
    8  OF  CHILD  ABUSE  OR  NEGLECT,  REPORTING  PROCEDURES AND OBLIGATIONS OF
    9  PERSONS REQUIRED TO REPORT, PROVISIONS FOR TAKING A CHILD  INTO  PROTEC-
   10  TIVE  CUSTODY,  MANDATORY  REPORTING OF DEATHS, IMMUNITY FROM LIABILITY,
   11  PENALTIES FOR FAILURE TO REPORT, AND OBLIGATIONS FOR  THE  PROVISION  OF
   12  SERVICES AND PROCEDURES NECESSARY TO SAFEGUARD THE LIFE OR HEALTH OF THE
   13  CHILD;  AND  ESTABLISH,  AND  IMPLEMENT  ON AN ONGOING BASIS, A TRAINING
   14  PROGRAM FOR ALL CURRENT AND NEW EMPLOYEES  REGARDING  THE  POLICIES  AND
   15  PROCEDURES ESTABLISHED PURSUANT TO THIS SUBDIVISION.
   16    S  6. This act shall take effect immediately; provided that the amend-
   17  ments to paragraph (a) of subdivision 1 of section  413  of  the  social
   18  services  law  made  by section two of this act shall take effect on the
   19  same date and in the same manner as section 1 of chapter 205 of the laws
   20  of 2014 takes effect; further provided, that the amendments to  subdivi-
   21  sion  5-a of section 488 of the social services law made by section four
   22  of this act shall take effect on the same date and in the same manner as
   23  section 2 of chapter 205 of the laws of 2014 takes effect.