What's happening
This bill requires mandated reporters to file incident reports unless they know it has already been reported and they are listed as knowledgeable in the prior report.
Why it matters
Reduces redundant reporting. By clarifying that mandated reporters only need to file an incident report if they are not already listed in a prior report, this change helps streamline the reporting process and avoids unnecessary duplicate reports of the same incident.
Clarifies individual responsibility. The amendment ensures that all mandated reporters remain individually responsible for reporting unless they have confirmation that someone else has already reported the incident and included them as knowledgeable, which may help prevent situations where each person assumes someone else has reported.
Promotes accountability and tracking. By requiring a mandated reporter to be explicitly named in the prior report to be exempt from filing, the law increases accountability and improves the ability to track who had knowledge of a reportable incident, potentially strengthening investigations and follow-up.
May affect workplace practices. Organizations employing mandated reporters will need to update their internal procedures to ensure staff communicate and document when reports are made and who is included, reducing confusion and potential liability.
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Who cares
Headline styles
Clarify Incident Reporting Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
- Recommitted to rules
- Ordered to third reading cal.1489
- Committee discharged and committed to rules
- Referred to mental health and developmental disabilities
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5539
2017-2018 Regular Sessions
IN SENATE
April 7, 2017
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
AN ACT to amend the social services law, in relation to the duty to report incidents
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 491 of the social services law is amended by adding a new paragraph (d) to read as follows:
(d) Every mandated reporter is required to make a report to the register as outlined in paragraph (b) of this subdivision unless (i) the reporter has actual knowledge that the reportable incident has been reported to the register; and (ii) that the reporter has been named as a person with knowledge of the incident in such prior report.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10987-01-7
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 the duty to report incidents
Purpose or general idea of bill
This legislation is meant to provide clarity and uniformity to all appropriate state agencies on reporting requirements that have already been adopted by the Office of Mental Health and by the Office of Alcoholism and Substance Abuse Services as it relates to the Justice Center.
Summary of provisions
Section one amends section 491 of the social services law to allow a mandated reporter to refrain from filing an incident report when
(i) the reporter has actual knowledge that the reportable incident has already been reported to the register; and
(ii) that the reporter has been named as a person with knowledge of the incident in such prior report.
Section two establishes the effective date.
Justification
Employees from the six state oversight agencies under the jurisdiction of the Empire Justice Center are mandated to report an incident if directly observed, or when said employee receives notice from another person that provides the mandated reporter with reasonable cause to suspect that an individual was subjected to a reportable incident. These reporting requirements have led to a higher rate of vigilance and observance, but have also led to duplicity.
Currently, when an incident occurs in front of a group of mandated reporters, each of those employees are statutorily required to file a report. This multiple reporting requirement has been found to be burdensome and has led to a slowdown of processing and/or prosecution.
This legislation would allow a mandated reporter to refrain from filing a report only in cases where it has been confirmed to them that an incident report was already filed, and in cases where said reporter is listed as a witness in the incident report.
These changes to reporting requirements have already been adopted by the Office of Mental Health and by the Office of Alcoholism and Substance Abuse Services with the approval of the Justice Center.
Prior legislative history
New bill.
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.