What's happening
This bill clarifies that when multiple mandated reporters witness the same incident, each must report it unless they believe another mandated reporter already has.
Why it matters
Clarifies individual responsibility among mandated reporters. The bill explicitly states that when multiple mandated reporters are aware of the same incident, each person is obligated to report it unless they have a reasonable belief that another mandated reporter has already done so. This reduces ambiguity about who must take action.
Aims to prevent gaps in reporting. By making each mandated reporter individually accountable, the bill addresses situations where everyone might assume someone else has filed the report, potentially leaving abuse or neglect unreported.
Strengthens legal consequences for failure to report. The amendment ties into existing penalties, reinforcing that failure to report (without reasonable belief someone else has) can lead to job termination and civil liability. This increases the stakes for mandated reporters and may encourage more diligent compliance.
Supports protection for vulnerable individuals. By tightening reporting requirements, the bill seeks to enhance early detection and intervention in cases of abuse or neglect, which can be critical for safeguarding vulnerable populations.
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Who cares
Mandated reporters
Each would have to report a shared incident they directly know about or reasonably suspect, unless they reasonably believe another mandated reporter has already reported it.
Employers of mandated reporters
The bill would add an exception to the provision allowing termination for knowingly and willfully failing to report suspected abuse or neglect, subject to applicable collective bargaining agreements.
Unions representing mandated reporters
The bill would affect reporting-related discipline while retaining the provision making termination subject to applicable collective bargaining agreements.
Vulnerable people experiencing suspected abuse or neglect
The bill would clarify individual reporting duties when multiple mandated reporters know about or reasonably suspect the same incident.
Headline styles
Strengthen Mandated Reporter Rules
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Print number 6773a
- Amend and recommit to mental health and developmental disabilities
- Referred to mental health and developmental disabilities
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 51–11
- Ordered to third reading cal.2144
- Referred to rules
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.
Clarify Mandated Reporting Rules
In Senate Committee · Rules · Sponsor Didi Barrett
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6773--A
2017-2018 Regular Sessions
IN SENATE
June 16, 2017
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Mental Health and Developmental Disabilities in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to the duty of mandated reporters to report an incident when there are multiple reporters with direct knowledge of such incident
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 (b-1) to read as follows:
(b-1) Where multiple reporters have direct knowledge of the same reportable incident or have reasonable cause to suspect such incident has occurred, each mandated reporter is required to report such incident, unless he or she reasonably believes that the report has already been made by another mandated reporter.
§ 2. Paragraph (b) of subdivision 3 of section 491 of the social services law, as added by section 1 of part B of chapter 501 of the laws of 2012, is amended to read as follows:
(b) [A] Except as provided in paragraph (b-1) of subdivision one of this section , a mandated reporter who knowingly and willfully fails to report a case of suspected abuse or neglect to the vulnerable persons' central register may be subject to termination, subject to any applicable collective bargaining agreement. Any person or official required by this article to report a case of suspected abuse or neglect to the vulnerable persons' central register who knowingly and willfully fails to do so shall be civilly liable for the damages proximately caused by such failure.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11569-05-8
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 of mandated reporters to report an incident when there are multiple reporters with direct knowledge of such incident
Purpose or general idea of bill
The purpose of this bill is to reduce duplicate alleged incident reports made to the Justice Center by mandated reporters.
Summary of provisions
This bill would discharge a mandated reporter from the statutory report- ing obligation in circumstances where he or she knows that someone else has already reported the same incident to the Vulnerable Persons' Central Register and they have been named as a witness in the reported incident. The bill would also prevent a mandated reporter from facing any penalties or other consequences for failure to report an alleged incident, as long as the provisions described above can be applied.
Justification
Mandated reporters who are employed by a state agency which is monitored by the Justice Center are statutorily required to report an allegation of a reportable incident to the Justice Center Vulnerable Person's Central Register (VPCR) upon the discovery of the incident. The law defines discovery as when the mandated reporter either directly observes a reportable incident, or when he or she receives notice from another person that gives the mandated reporter reasonable cause to suspect that a reportable incident has occurred. Additionally, the law provides for penalties against a mandated reporter if they fail to report an alleged reportable incident. However, there is no provision in current law that would relieve the mandated reporter from his or her duty to report an incident if they have direct knowledge that someone else has already reported the incident to the VPCR.
Although the multiple reporting statutes may assist in collecting evidence related to an alleged reportable incident, it has been noted that the process can place a tremendous burden on service providers and their employees, and could hinder the ability of a service provider to offer appropriate services and supports to individuals under their care. In response to this concern, the Office of Mental Health (0MH) and the Office of Alcoholism and Substance Abuse Services (OASAS) have adopted regulatory changes to their incident reporting requirements which are similar to this bill.
This bill would help to alleviate pressure related to the cumbersome alleged incident reporting process and enhance the ability of provider agencies to deliver services, by allowing a mandated reporter to refrain from filing an alleged incident report if they know that an incident report has been filed, and they have been identified as a person with knowledge of the Incident in the incident report.
Prior legislative history
New bill
Fiscal implications
Undetermined
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.