What's happening
This bill requires mandated reporters to file incident reports unless they know the incident was already reported and they were named.
Why it matters
Reduces redundant reporting. By clarifying that mandated reporters only need to file a report if they are not already named in a previous report, this amendment could decrease unnecessary duplicate incident reports, streamlining investigations and administrative processes.
Clarifies individual responsibility. Mandated reporters must confirm both that the incident was already reported and that they were specifically named as someone with knowledge, increasing personal accountability and ensuring no one assumes their duty was fulfilled by someone else.
Potentially improves accuracy and efficiency. With each mandated reporter named in the initial report, authorities can more easily identify all parties with direct knowledge of the incident, potentially leading to more thorough and accurate investigations.
Reduces confusion and legal risk for reporters. The amendment spells out exactly when a mandated reporter’s duty is fulfilled, helping individuals avoid accidental non-compliance or over-reporting, which could otherwise lead to legal complications.
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Who cares
Headline styles
Clarify Mandated Reporting Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
- Returned to senate
- Died in assembly
- Referred to mental health
- Delivered to assembly
- Passed senateVote 40–20
- Advanced to third reading
- 2nd report cal.
- 1st report cal.69
- Referred to mental health and developmental disabilities
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1143
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
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.
LBD00473-02-9
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 Alco- holism 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 Justice Center for the Protection of People with Special Needs (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 burden- some 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 inci- dent report was already filed, and in cases where said reporter is list- ed 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
2017-18: 55539 - RULES
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.