BILL NUMBER: S542
SPONSOR: TEDISCO
 
TITLE OF BILL:
An act to amend the social services law and the public health law, in
relation to mandatory reporting of suspected child abuse or maltreatment
by certain persons
 
PURPOSE:
Increases the number of professionals and individuals who are considered
by the state to be mandatory reporters of child abuse or maltreatment.
 
SUMMARY OF PROVISIONS:
Section 1: Amends section 413 of social service law to include college
coaches, athletic directors, professors, graduate assistants, college
administrators and college presidents and paid staff members of chil-
dren's camps, summer day camps and travel camps to the list of mandatory
reporters of child abuse and maltreatment.
Section 2: amends section 1392 of the public health law to include any
indoor or outdoor activities involving one or more non-passive recre-
ational activities or educational programs or activities.
 
JUSTIFICATION:
The reports of alleged child abuse by Penn State's assistant football
coach and seeming indifference and inaction from the school's adminis-
tration are horrifying. Given that many colleges and universities offer
athletic and academic programs to children, we need to make sure that a
situation like what occurred at Penn State does not happen in New York.
The message of this bill is clear: if you're a college coach or college
professional and you see or receive a report of child abuse, it is your
responsibility and obligation to report it to law enforcement immediate-
ly. Children and parents need to know that they will be protected and
reports of abuse will be investigated and not brushed aside.
While it is unimaginable that this legislation is necessary, the alleged
actions of a deviant sexual predator and those who did little to stop
him opens our eyes to how necessary mandatory reporting of child abuse
is, especially in immensely powerful organizations. Similar to the
actions of the Penn State officials, if you witness child abuse and do
not feel compelled to alert authorities you might fail a moral test, but
as the law is currently written in New York State you may not be held
accountable legally. There is no doubt that we must expand the child
abuse reporting requirement as soon as possible.
Current law does not specify that faculty of colleges and universities
are mandated reporters. This bill would establish that those involved in
higher education and the possibility of coming in contact with children,
should be considered mandatory reporters and adhere to the responsibil-
ities of mandatory reporters as it is stated in law.
 
LEGISLATIVE HISTORY:
02/15/17: S.4462 REFERRED TO CHILDREN AND FAMILIES
06/06/17: S.4462 REPORTED AND COMMITTED TO RULES
01/03/18: S.4462 REFERRED TO CHILDREN AND FAMILIES
01/30/18: S. 4462 1ST REPORT CAL. 340
02/05/18: S.4462 2ND REPORT CAL.
02/06/18: S.4462 ADVANCED TO THIRD READING
02/27/18: S.4462 AMENDED ON THIRD READING 4462A
06/20/18: S.4462A COMMITTED TO RULES
01/16/19: S.1840 REFERRED TO CHILDREN AND FAMILIES
01/08/20: S.1840 REFERRED TO CHILDREN AND FAMILIES
01/06/21: S.521 REFERRED TO CHILDREN AND FAMILIES
01/05/22: S.521 REFERRED TO CHILDREN AND FAMILIES
01/04/23: S.284 REFERRED TO CHILDREN AND FAMILIES
01/03/24: S.284 REFERRED TO CHILDREN AND FAMILIES
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
On the 120th day after becoming law, with provisions.

Statutes affected:
S542: 413 social services law, 413(1) social services law, 1392 public health law, 1392(2) public health law