What's happening
This bill requires certain professionals and officials to complete two hours of child abuse identification and reporting training every three years.
Why it matters
Expands ongoing training. By requiring training every three years (not just once at the start of a career), the bill ensures that professionals stay updated on best practices and any changes in child abuse reporting laws, which could improve detection and intervention.
Widens scope of accountability. The bill applies to a wide range of professionals (including teachers, health care workers, and superintendents) and adds clear requirements for ongoing documentation, making it harder for professionals to claim ignorance of their reporting duties.
Improves training accessibility. The amendment allows for the training to be delivered through various formats, such as online courses and teleconferences, which could make it easier for busy professionals to comply and potentially increase participation rates.
Addresses gaps for current workers. The legislation requires that individuals already in positions complete the training within one year of the law taking effect, aiming to quickly raise the standard of knowledge among the existing workforce, not just new hires.
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Who cares
Headline styles
Require Child Abuse Training
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to higher education
- Referred to higher education
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.
Mandate Child Abuse Training
In Assembly Committee · Higher Education · Sponsor Diana Richardson
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1039
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law and the social services law, in relation to coursework or training regarding the identification and reporting of suspected cases of child abuse and maltreatment
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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:
a. Establish standards for preprofessional and professional education, experience and licensing examinations as required to implement the article for each profession. Notwithstanding any other provision of law, the commissioner shall establish standards requiring that all persons applying, on or after January first, nineteen hundred ninety-one, initially, or for the renewal of, a license, registration or limited permit to be a physician, chiropractor, dentist, registered nurse, podiatrist, optometrist, psychiatrist, psychologist, licensed master social worker, licensed clinical social worker, licensed creative arts therapist, licensed marriage and family therapist, licensed mental health counselor, licensed psychoanalyst, dental hygienist, licensed behavior analyst, or certified behavior analyst assistant shall, in addition to all the other licensure, certification or permit requirements, and every three years thereafter, have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00789-01-9
S. 1039 2
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. Such coursework or training may also include information regarding the physical and behavioral indicators of the abuse of individuals with [mental retardation and other] developmental disabilities and voluntary reporting of abused or neglected adults to the office [of mental retardation and] for people with developmental disabilities or the local adult protective services unit. Each applicant shall provide the department with documentation showing that he or she has completed the required training. The department shall provide an exemption from the child abuse and maltreatment training requirements to any applicant who requests such an exemption and who shows, to the department's satisfaction, that there would be no need because of the nature of his or her practice for him or her to complete such training;
§ 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, and every three years thereafter, have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment. 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. 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, and every three years thereafter, have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment. 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.
S. 1039 3
§ 4. 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, and every three years thereafter, 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) 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.
§ 5. This act shall take effect one year after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law and the social services law, in relation to coursework or training regarding the identification and reporting of suspected cases of child abuse and maltreatment
Purpose
This bill requires mandated reporters to receive coursework or training regarding the identification and reporting of child abuse and maltreat- ment every three years.
Summary of specific provisions
Section 1 of the bill amends paragraph (a) of subdivision 3 of section 6507 of the education law. Physicians, chiropractors, dentists, regis- tered nurses, podiatrists, optometrists, psychiatrists, psychologists, licensed master social workers, licensed clinical social workers, licensed creative arts therapists, licensed marriage and family thera- pists, licensed mental health counselors, licensed psychoanalysts, dental hygienists, licensed behavior analysts, or certified behavior analyst assistants would be required to complete two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment as part of their educational requirements to obtain a license to practice their profession. This bill adds to those require- ments that such licensed professional must receive an additional two hours of coursework or training regarding the identification and report- ing of child abuse and maltreatment every three years.
Read the full memo (782 words)
Section 2 of the bill amends subdivision 4 of section 3003 of the educa- tion law. School superintendents would be required to complete two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment as part of their educational requirements to obtain a license to be a school superintendent. This bill adds to those requirements that such superintendent must receive an additional two hours of coursework or training regarding the identification, and reporting of child abuse and maltreatment every three years.
Section 3 of the bill amends subdivision 2 of section 3004 of the educa- tion law. Teachers would be required to complete two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment years as part of their educational requirements to obtain a license to be a school teacher. This bill adds to those requirements that such teacher must receive an additional two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment every three years.
Section 4 of the bill amends section 3007 of the education law. Teach- ers who have a diploma or certificate from another state would be required to complete two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment as part of their educational requirements to obtain a license to be a school teach- er in New York State. This bill adds to those requirements that such teacher must receive an additional two hours of coursework or training regarding the identification and reporting of child abuse and maltreat- ment every three years. Section 5 of the bill amends section 413 of the social services law by requiring every person and official named in the section required to report cases of suspected child abuse or maltreatment complete two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment prior to assumption of the position and every three years thereafter. It also requires the office of children and family services to approve and/or establish the required coursework and training.
Section 6: Effective Date.
Justification
The current training for mandated reporters is inadequate, as evidenced by the high number of allegations of child abuse or neglect to be deter- mined to be "unfounded." In addition to a problem with false-negatives, it is believed that there is a significant issue with under-reporting where there is a sufficient suspicion of child maltreatment, but the mandated reporters do not report. Child protection workers then are required to investigate reports that should not have been reported, and not investigate incidences where maltreatment is occurring.
This bill will require mandated reporters to take a refresher course every three years. It is expected that this additional training will result in improved reporting.
This is one in a series of measures being introduced at the request of the Erie County Executive upon the recommendation of the county's Commissioner of Social Services to improve the provision of child protective services to New York's children and families.
Prior legislative history
2017/2018: S1197 REFERRED TO HIGHER EDUCATION
Fiscal impact for state and local governments
Mandated reporters would be required to spend two hours of their time every three years to complete the course. It is expected that this training will be part of the continuing education and in-service train- ing that now takes place for most professions.
Effective date
This act shall take effect one year after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.