Expands the persons responsible for reporting cases of suspected child abuse

2 Co-sponsors

• Patrick M. Gallivan
• Timothy M. Kennedy

BILL NUMBER:S4751B

Title of bill

An act to amend the social services law, in relation to expanding the persons responsible for reporting cases of suspected child abuse; and to amend the education law, in relation to coursework for reporting child abuse and maltreatment for persons holding temporary coaching licenses or professional coaching certificates

Purpose

To require full or part-time compensated school employees required to hold a temporary coaching license or professional coaching certificate to report cases of suspected child abuse.

Summary of provisions

Section one amends paragraph (a) of subdivision 1 of section 413 of the social services law, as amended by chapter 554 of the laws of 2013, to add a full or part-time compensated school employee required to hold a temporary coaching license or professional coaching certificate to the list of mandated reporters.

Section two amends subdivision 5-a of section 488 of the social services law, as amended by chapter 8 of the laws of 2014, to add any full or part-time compensated school employee required to hold a temporary coaching license or professional coaching certificate to the definition of human services professional.

Section three amends the education law by adding a new section 3036 to require the commissioner of education to prescribe regulations requiring that all persons currently holding a temporary coaching license or a professional coaching certificate and persons applying for such license or certificate shall, in addition to all the other licensure or certification requirements, have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment as described in the section. Each applicant shall provide the department of education with documentation showing that he or she has completed the required training.

Section four provides the effective date.

Justification

School coaches are often in a position to observe children for signs of abuse. Coaches develop close, trusting relationships with their players, making it likely that a child would confide in his or her coach.

The current law is ambiguous as to whether individuals in these positions are mandated reporters. This legislation will clarify that coaches who are paid employees of the school district have a duty to report suspected abuse, and as with all mandated reporters, will be protected from civil liability resulting from reports that are proven unfounded. By requiring the commissioner of education to prescribe regulations to complete two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment, we

provide the coaches with the tools to assist them to identify and report suspected child abuse and maltreatment.

Legislative history

A.8901A of 2012 referred to children and families. Same as S.7350A (Saland) of 2012 committed to rules.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect immediately; provided, however, that sections one and two of this act shall take effect on July 1, 2015; provided, further that if chapter 554 of the laws of 2013 shall not have taken effect on or before such date then section one of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2013, take effect; and provided that if chapter B of the laws of 2014 shall not have taken effect on or before such date then section two of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2014, take effect.