Requires directors of children's overnight, summer day and traveling summer day camps to report suspected cases of child abuse or maltreatment

1 Co-sponsor

• Tony Avella

BILL NUMBER:S3777A

Title of bill

An act to amend the social services law, in relation to requiring directors of children's overnight, summer day and traveling summer day camps to report suspected child abuse and maltreatment

Purpose or general idea of bill

To classify camp directors as mandated reporters, thereby requiring them to report child abuse or maltreatment.

Summary of specific provisions

The section lists specific persons and officials who are mandated reporters of child abuse or maltreatment. When there is reasonable cause to suspect child abuse or maltreatment, the individual must immediately notify the State Central Register of Child Abuse and Maltreatment and the local department of social services.

Existing law

Current law does not recognize camp directors as mandated reporters of suspected or known child abuse or maltreatment.

However, the Department of Health requires camp operators, including camp directors, to report allegations of child abuse. Under Title 7-2.5(n) (4) of the DOH Sanitary Code, the camp operator is required to develop a camp safety plan submitted for the review and approval of the permit-issuing official. The plan must include procedures for responding to allegations of child abuse, and for reporting allegations of camper abuse to the permit official within 24 hours.

Justification

As youth development professionals, camp directors work with hundreds of children each year. Their first interest is in the safety and well-being of their campers and if they suspect child abuse or maltreatment, they will report their suspicions.

However, camp directors are only required to report abuse or maltreatment to the Department of Health when the abuse or maltreatment occurs at the camp. The camp director is not obligated to report abuse or maltreatment that occurs outside the camp, but should they choose to contact the proper authorities on behalf of the child, the camp director could be subject to civil liability actions such as slander and defamation.

Section 419 of the Social Services Law provides immunity for mandated reporters from criminal and civil liability that might result from a good faith reporting of suspected child abuse or maltreatment. To classify camp directors as mandated reporters will safeguard children and the camp directors who report suspected abuse. These professionals should be afforded the protections to guarantee they will not hesitate when the need arises to protect their campers.

Prior legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.