S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3935
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 23, 2015
                                      ___________
       Introduced  by  Sen.  FELDER -- 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,  in  relation  to  reports  of
         suspected child abuse or maltreatment by certain officials and 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,  OR  WHEN  THEY  HAVE REASONABLE CAUSE TO
   14  BELIEVE THAT A PARENT COMING BEFORE THEM IN THEIR PROFESSIONAL OR  OFFI-
   15  CIAL  CAPACITY  HAS  BEEN  CONVICTED OF A CRIME RELATED TO PHYSICALLY OR
   16  SEXUALLY ABUSING A CHILD AND SUCH PARENT HAS SUBSEQUENTLY GIVEN BIRTH TO
   17  OR FATHERED A CHILD, OR HAS REASONABLE CAUSE TO BELIEVE THAT A COURT HAS
   18  PREVIOUSLY TERMINATED SUCH PARENT'S RIGHTS TO A CHILD FOR ANY CAUSE  AND
   19  SUCH  PARENT  HAS  SUBSEQUENTLY  GIVEN BIRTH TO OR FATHERED A CHILD: any
   20  physician; registered physician assistant;  surgeon;  medical  examiner;
   21  coroner;  dentist;  dental hygienist; osteopath; optometrist; chiroprac-
   22  tor;  podiatrist;  resident;  intern;  psychologist;  registered  nurse;
   23  social  worker;  emergency  medical  technician;  licensed creative arts
   24  therapist; licensed  marriage  and  family  therapist;  licensed  mental
   25  health  counselor;  licensed  psychoanalyst;  licensed behavior analyst;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07687-01-5
       S. 3935                             2
    1  certified behavior analyst assistant; hospital personnel engaged in  the
    2  admission,  examination,  care  or  treatment  of  persons;  a Christian
    3  Science practitioner; school official, which includes but is not limited
    4  to  school  teacher,  school  guidance  counselor,  school psychologist,
    5  school social worker, school nurse, school administrator or other school
    6  personnel required to hold  a  teaching  or  administrative  license  or
    7  certificate;  full  or part-time compensated school employee required to
    8  hold a temporary coaching license or professional coaching  certificate;
    9  social  services worker; director of a children's overnight camp, summer
   10  day camp or traveling summer day camp, as  such  camps  are  defined  in
   11  section  thirteen  hundred ninety-two of the public health law; day care
   12  center worker; school-age child care worker; provider of family or group
   13  family day care; employee or volunteer in a  residential  care  facility
   14  for  children  that  is licensed, certified or operated by the office of
   15  children and family services; or any other child  care  or  foster  care
   16  worker;  mental health professional; substance abuse counselor; alcohol-
   17  ism counselor; all persons credentialed by the office of alcoholism  and
   18  substance abuse services; peace officer; police officer; district attor-
   19  ney  or assistant district attorney; investigator employed in the office
   20  of a district attorney; or other law enforcement official.
   21    S 2. This act shall take effect on the  same  date  and  in  the  same
   22  manner as section 1 of chapter 205 of the laws of 2014 takes effect.