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S3742Senate2017-2018 SessionSame asA3673

Mandatory Child Abuse Training

Official title

“Requires certain persons and officials, teachers, superintendents and certain professionals to complete training in reporting cases of suspected child abuse”

Sponsor Velmanette MontgomerySD-25+1 co-sponsorAffects Health
Status
In Senate Committee
Children And Families
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Children And Families

What's happening

This bill requires ongoing, advanced training for mandated reporters—including teachers, healthcare professionals, and law enforcement—on identifying and reporting child abuse and maltreatment.

Why it matters

  1. Moves beyond a one-time training. The bill creates a system of ongoing, advanced education for mandated reporters, shifting the focus from initial certification to continual skills improvement. This recognizes that best practices and risk factors evolve, and periodic refreshers help reporters stay current and effective.

  2. Expands the scope and consistency of training. By specifying a wide range of professionals (teachers, healthcare workers, law enforcement, social workers, etc.) and standardizing training frequency and content, the bill aims to reduce gaps or inconsistencies in knowledge that might lead to missed or mishandled abuse cases.

  3. Targets real-world challenges in child protection. The bill requires not just identification, but also training on procedures, legal protections for reporters, consequences for non-reporting, and interagency protocols—addressing confusion or fear that sometimes prevent professionals from acting on suspicions.

  4. Integrates training into professional licensure and employment. The requirement to complete and regularly update training is tied to professional licensing and employment, ensuring that mandated reporters cannot practice or remain employed in relevant fields without up-to-date knowledge—potentially leading to earlier and more accurate intervention for at-risk children.

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Who cares

Headline styles

Mandatory Child Abuse Training

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Velmanette Montgomery

Senator · Senate District 25

1 Co-sponsor

History

  1. Referred to children and families
  2. Referred to children and families

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A3673Assembly

Mandatory Child Abuse Training

In Assembly Committee · Children And Families · Sponsor Diana Richardson

Impact 7 · Significant0% to pass

Full text

7 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3742

2017-2018 Regular Sessions

IN SENATE

January 26, 2017

Introduced by Sens. MONTGOMERY, COMRIE -- 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 requiring persons and officials required to report suspected child abuse or maltreatment to complete certain ongoing training; to amend the education law, in relation to requiring school superintendents, teachers and certain other licensed professionals to complete training in the reporting of suspected cases of child abuse and maltreatment; and to amend the executive law and the public health law, in relation to child abuse prevention

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 413 of the social services law is amended by adding a new subdivision 1-a to read as follows:

1-a. (a) Every person and official required to report child abuse or maltreatment, pursuant to subdivision one of this section, shall, prior to assumption of the position which requires such reporting, complete two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment; provided that every person and official holding such a position on or before the effective date of this paragraph shall complete such coursework or training within one year of the effective date of this subdivision.

(b) Every district attorney, assistant district attorney, police officer, peace officer, investigator employed in the office of the district attorney, pediatrician, physician who is employed in an emergency room, registered nurse and registered physician assistant who is employed by a pediatrician or in an emergency room, teacher, child care worker, foster care worker, medical examiner, coroner, preventive services worker, child protective services worker, social worker whose employment involves regular interaction with children, substance abuse and alcohol-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07116-01-7

S. 3742 2

ism counselor whose employment involves regular interaction with children, and mental health professional whose employment involves regular interaction with children required to report child abuse or maltreatment, pursuant to subdivision one of this section, shall, not less than once every two years, complete two and one-half hours of coursework or training regarding the identification and reporting of child abuse and maltreatment. Such continuing coursework or training shall, to the greatest extent possible, include advanced training which builds on the initial or earlier coursework required in this subdivision.

(c) Except as otherwise provided by the education law, the office of children and family services shall approve and/or establish the coursework and training required to implement the provisions of this subdivision. Such coursework and training may be developed so that it can be offered through various means including, but not limited to, internet based courses and teleconferences.

§ 2. Subdivision 4 of section 3003 of the education law, as amended by chapter 737 of the laws of 1992, is amended to read as follows:

4. Notwithstanding any other provision of law, the commissioner shall require that any person applying[, on or after January first, nineteen hundred ninety-one,] for a superintendent's certificate shall, in addition to all the other requirements, have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment, and shall thereafter complete two and one-half additional hours of such coursework or training at least once every period of two years. Such coursework or training shall be provided pursuant to section sixty-five hundred two-a of this chapter as if the superintendent was an applicant for or holder of a license to practice a profession pursuant to title eight of this chapter. The coursework or training shall be obtained from an institution or provider which has been approved by the department to provide such coursework or training. The coursework or training shall include information regarding the physical and behavioral indicators of child abuse and maltreatment and the statutory reporting requirements set out in sections four hundred thirteen through four hundred twenty of the social services law, including but not limited to, when and how a report must be made, what other actions the reporter is mandated or authorized to take, the legal protections afforded reporters, and the consequences for failing to report. Each applicant shall provide the department with documentation showing that he or she has completed the required training.

§ 3. Section 3209-a of the education law, as added by chapter 504 of the laws of 1988, is amended to read as follows:

§ 3209-a. Child abuse prevention. Each school district of the state shall: (1) develop, maintain and disseminate written policies and procedures pursuant to title six of article six of the social services law and applicable provisions of article ten of the family court act, regarding the mandatory reporting of child abuse or neglect, reporting procedures and obligations of persons required to report, provisions for taking a child into protective custody, mandatory reporting of deaths, immunity from liability, penalties for failure to report and obligations for the provision of services and procedures necessary to safeguard the life or health of the child; and (2) establish, and implement on an ongoing basis, a training program for all current and new school officials regarding the policies and procedures established pursuant to this section and the signs and symptoms that school officials may be likely to encounter which may indicate the presence of child abuse or maltreatment.

S. 3742 3

§ 4. Subdivision 2 of section 3004 of the education law, as amended by chapter 737 of the laws of 1992, is amended to read as follows:

2. Notwithstanding any other provision of law, the commissioner shall prescribe regulations requiring that all persons applying[, on or after January first, nineteen hundred ninety-one,] for a certificate or license to be a teacher shall, in addition to all the other certification or licensure requirements, have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment, and shall thereafter complete two and one-half additional hours of such coursework or training at least once every period of two years. Such coursework or training shall be provided pursuant to section sixty-five hundred two-a of this chapter as if the teacher was an applicant for or holder of a license to practice a profession pursuant to title eight of this chapter. The coursework or training shall be obtained from an institution or provider which has been approved by the department to provide such coursework or training. The coursework or training shall include information regarding the physical and behavioral indicators of child abuse and maltreatment and the statutory reporting requirements set out in sections four hundred thirteen through four hundred twenty of the social services law, including but not limited to, when and how a report must be made, what other actions the reporter is mandated or authorized to take, the legal protections afforded reporters, and the consequences for failing to report. Each applicant shall provide the department with documentation showing that he or she has completed the required training.

§ 5. The closing paragraph of section 3007 of the education law, as amended by chapter 544 of the laws of 1988, is amended to read as follows:

Such endorsement confers on the holder of such diploma or certificate the privileges conferred by law on the holder of the diploma of a state teachers college or state college for teachers or state certificate issued in this state. Notwithstanding any other provision of law, the commissioner shall require that any person seeking endorsement of a foreign certificate or diploma[, on or after January first, nineteen hundred ninety-one,] shall have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment, and shall thereafter complete two and one-half additional hours of such coursework or training at least once every period of two years. Such coursework or training shall be provided pursuant to section sixty-five hundred two-a of this chapter as if the teacher was an applicant for or holder of a license to practice a profession pursuant to title eight of this chapter. The coursework or training shall be obtained from an institution or provider which has been approved by the department to provide such [course work] coursework or training. The coursework or training shall include information regarding the physical and behavioral indicators of child abuse and maltreatment and the statutory reporting requirements set out in sections four hundred thirteen through four hundred twenty of the social services law, including but not limited to, when and how a report must be made, what other actions the reporter is mandated or authorized to take, the legal protections afforded reporters, and the consequences for failing to report. Each applicant shall provide the department with documentation showing that he or she has completed the required training.

§ 6. Subdivision 1 of section 6501 of the education law, as amended by chapter 299 of the laws of 2016, is amended to read as follows:

S. 3742 4

1. Admission to practice of a profession in this state is accomplished by a license being issued to a qualified applicant by the education department. To qualify for a license an applicant shall meet the requirements prescribed in the article for the particular profession and shall meet the requirements prescribed in section 3-503 of the general obligations law and, where applicable, the requirements of section sixty-five hundred two-a of this subarticle.

§ 7. Subdivision 1 of section 6502 of the education law, as amended by chapter 599 of the laws of 1996, is amended to read as follows:

1. A license shall be valid during the life of the holder unless revoked, annulled or suspended by the board of regents or in the case of physicians, physicians practicing under a limited permit, physician's assistants, specialist's assistants and medical residents, the licensee is stricken from the roster of such licensees by the board of regents on the order of the state board for professional medical conduct in the department of health. A licensee must register with the department and meet the requirements prescribed in section 3-503 of the general obligations law and, where applicable, the requirements of section sixtyfive hundred two-a of this subarticle to practice in this state.

§ 8. The education law is amended by adding a new section 6502-a to read as follows:

§ 6502-a. Mandated reporting of suspected child abuse or maltreatment training. 1. Each applicant for a license to practice a profession pursuant to this title, the practice of which requires the licensee to report suspected cases of child abuse and maltreatment pursuant to section four hundred thirteen of the social services law, shall, prior to being licensed to practice such profession, complete two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment. Every person licensed to practice a profession pursuant to this title prior to the effective date of this section, the practice of which requires the licensee to report suspected cases of child abuse and maltreatment pursuant to section four hundred thirteen of the social services law, shall complete such coursework or training within one year of the effective date of this section.

2. Each person required to complete coursework or training pursuant to subdivision one of this section, who is employed or serves in a position listed in paragraph (b) of subdivision one-a of section four hundred thirteen of the social services law, shall thereafter complete an additional two and one-half hours of coursework or training regarding the identification and reporting of child abuse and maltreatment at least once every period of two years. Such continuing coursework or training shall, to the greatest extent possible, include advanced training which builds on the initial or earlier coursework required in this subdivision.

3. The department may develop a training curriculum regarding the identification and reporting of child abuse and maltreatment which shall be used to provide the coursework and training required by this section, provided, however, that if the department shall fail to develop such a training curriculum, then the required curriculum for the coursework and training required by this section shall be the training curriculum relating thereto developed by the office of children and family services. Every training curriculum developed by the department pursuant to this subdivision shall be subject to the approval of the office of children and family services. The department shall require every institution and provider of coursework or training pursuant to this section to utilize an approved curriculum. Such coursework and training may be

S. 3742 5

developed so that it can be offered through various means including, but not limited to, internet based courses and teleconferences.

§ 9. Paragraph a of subdivision 3 of section 6507 of the education law, as amended by chapter 554 of the laws of 2013, is amended to read as follows:

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the social services law, in relation to requiring persons and officials required to report suspected child abuse or maltreatment to complete certain ongoing training; to amend the education law, in relation to requiring school superintendents, teachers and certain other licensed professionals to complete training in the reporting of suspected cases of child abuse and maltreatment; and to amend the executive law and the public health law, in relation to child abuse prevention

Purpose or general idea of bill

The purpose of this bill is to require enhanced raining for mandated reporters.

Summary of specific provisions

Section one would require all mandated reporters to complete two hours of coursework or training regarding the identification and reporting child abuse and maltreatment, require certain mandated reporters whose employment involves regular interaction with children to complete two and one-half hours of course- work or training regarding the identification of child abuse and maltreatment once every two years and require that the Office of Children and Family Services must approve and/or establish training which may be offered through various means including internet and teleconferences.

Read the full memo (896 words)

Section two would require persons applying for a superintendent's certificate to complete two and a half additional hours of coursework or training at least once every two years on child abuse and maltreatment.

Section three would require each school district to include within existing training to mandated reporters information about the signs and symptoms which may indicate child abuse or maltreatment.

Section four would require persons applying for a teacher's certificate to complete two and a half additional hours of coursework or training at least once every two years on child abuse and maltreatment.

Section five would require persons seeking endorsement of a foreign teachers certificate or diploma to complete two and a half additional hours of coursework or training at least once every two years on child abuse end maltreatment.

Section six and seven would require persons seeking endorsement of a foreign teachers certificate or diploma to complete two and a half additional hours of coursework or training at least once every two years on child abuse and maltreatment. http://leginfo.state.ny.us/asmsen/navigate.cgi?NVDTO:1/17/2017

Section eight would set forth the training requirements for those licensed under the education law who are also mandated reporters, including two hours prior to licensing and two and a half hour every two years thereafter. It also allows the Department of Education to develop a training curriculum regarding the identification and reporting of child abuse and maltreatment which may be offered through various means including internet and teleconferences, but provides that such training curriculum shall be approved by the Office of Children and Family Services and that, shall the Education Department fail to establish a curriculum they shall use the CCFS curriculum.

Section nine would provides the same educational and continuing education requirements for those professional specifically named in section 6507 of the education law.

Section ten would require the superintendent of the Division of the State Police to develop and provide training to all current and new employees who are likely to come in contact with children regarding the identification and investigation of child abuse and maltreatment and any protocols regarding the investigation of suspected child abuse and maltreatment jointly with local departments of social services;

Section eleven would require the Municipal Police Training Council, under the auspice of the Division of Criminal Justice Services to include within existing mandated reporter training information regarding the identification and investigation of child abuse and maltreatment and any protocols regarding the investigation of suspected child abuse and maltreatment jointly with local departments of social services;

Section twelve would require all hospitals to develop and provide training to all current and now employees who regularly assess injuries in children regarding the identification of child abuse and maltreatment.

Section thirteen would provide for an effective date of 120 days after enactment provided that appropriate regulations and rules have been amended or repealed.

Effects of present law which this bill would alter

This bill would add § 413(1-a) to the Social Services Law, amends § 3003(4), § 3209-a, § 3004(2), the closing paragraph of § 1007, § 6501, § 6502, § 6502-a, § 6507(3) of the Education Law, amends § 214-a and § 840(1) (j) of the Executive Law and amends § 2905-h of the Public health Law.

Justification

Reports made by mandated reporters, such as doctors and teachers were being rejected because they did not satisfy the requirements established by the state central registry. This bill would require that certain mandated reporters, who are likely to encounter children in the course of their professional duties receive enhanced training, on the identification of child abuse and the requirements for reporting such abuse. The training would be provided by entities that already provide mandated reporter training on the process and requirements for reporting child abuse and maltreatment including the Office of Children and Family Services, hospitals, school districts, and state and local police.

Prior legislative history

2010: S.4644 - Referred to and died in the Senate Committee on Children and Families 2012: S.635 - Referred to and died in the Senate Committee on Children and Families 2013-2014: Referred to and died in the Senate Committee on Children and Families

Fiscal implications for state and local governments

None.

Effective date

120 days after enactment.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.