What's happening
This bill requires mandated reporters to report incidents unless they know the incident has already been reported and they are named in that prior report.
Why it matters
Reduces redundant reporting. By allowing mandated reporters to refrain from submitting a new report if they know an incident has already been reported and their own involvement is documented, this bill helps minimize unnecessary duplication in the reporting process.
Clarifies individual responsibility. The bill makes clear that each mandated reporter is personally responsible for reporting unless they are certain their knowledge has already been captured, which could reduce confusion about when a report is still required.
Promotes more accurate documentation. By requiring that a reporter be specifically named in a prior report to be excused from reporting again, the bill encourages thorough and precise documentation of who is aware of the incident, potentially improving accountability and follow-up.
Could streamline investigations. Limiting duplicate reports may allow investigative agencies to focus resources more efficiently on unique incidents and reduce administrative burden, potentially speeding up response times and outcomes.
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Who cares
Headline styles
Clarify Mandated Reporter Duties
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Restored to third reading
- Amend by restoring to original print 2756
- Amended on third reading (t) 2756a
- Advanced to third reading cal.421
- Reported
- Reported referred to codes
- Referred to mental health
- Referred to mental health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2756
2019-2020 Regular Sessions
IN ASSEMBLY
January 25, 2019
Introduced by M. of A. BARRETT, GUNTHER, SANTABARBARA -- read once and referred to the Committee on Mental Health
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.
LBD00473-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.