What's happening
This bill requires certain licensed professionals, teachers, and officials to complete child abuse and maltreatment identification and reporting training every three years.
Why it matters
Regular, recurring training ensures professionals stay up-to-date. with the latest best practices, legal requirements, and indicators for recognizing and reporting child abuse and maltreatment, which may change over time.
Expands accountability and oversight. by mandating that many licensed professionals, teachers, and officials must provide documentation of completed training every three years, not just at the start of their careers.
Standardizes and broadens the reach of training. by requiring it for both new hires and current employees, and by specifying that training can be delivered through various accessible formats such as online courses and teleconferences.
Potentially increases early intervention and protection for children. by ensuring that those most likely to encounter abuse or maltreatment in their professional roles are better prepared to identify and report it, thus possibly reducing instances of overlooked or unreported abuse.
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Who cares
Mandated child abuse reporters
The bill would require two hours of training before taking a reporting-required position and every three years thereafter, with existing reporters given one year after the effective date to complete training.
Physicians, nurses and licensed mental health professionals
The bill would add a three-year repeat requirement to their existing child abuse identification and reporting training requirements.
Teachers and school superintendents
The bill would require them to repeat two hours of child abuse identification and reporting training every three years.
Office of Children and Family Services
Except where education law provides otherwise, the agency would approve or establish training designed for delivery through multiple methods, including internet courses and teleconferences.
Headline styles
Mandatory 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
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
566
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. KENNEDY -- 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02392-01-9
S. 566 2
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. 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. 566 3
§ 4. The closing paragraph of section 3007 of the education law, as amended by chapter 544 of the laws of 1988, is amended to read as follows:
Such endorsement confers on the holder of such diploma or certificate the privileges conferred by law on the holder of the diploma of a state teachers college or state college for teachers or state certificate issued in this state. Notwithstanding any other provision of law, the commissioner shall require that any person seeking endorsement of a foreign certificate or diploma, on or after January first, nineteen hundred ninety-one, and every three years thereafter, shall 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 course work 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.
§ 5. 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 assuming 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 subdivision, and every three years thereafter 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 shall be developed so that it can be offered through various means, including but not limited to, internet based courses and teleconferences.
§ 6. 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 iden- tification and reporting of child abuse and maltreatment
Purpose
Requires mandated reporters to receive coursework or training regarding the identification and reporting of child abuse and maltreatment every three years.
Summary of provisions
Section 1 of the bill amends paragraph (a) of subdivision 3 of section 6507 of the education law. This bill adds requirements that such licensed professional must receive an additional two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment every three years.
Section 2 of the bill amends paragraph a of subdivision 4 of section 3003 of the education law by adding coursework retraining every three years for other mandated reporters.
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, especially those in schools, who often identify potential child abuse before anyone else, to take a refresher course every three years. It is expected that this additional training will result in improved reporting.
Legislative history
2013/2014: A.9810 2015-16: S.5047 Referred to Higher Education/ A.2825 Passed Assembly 2017-18: S.1818/A.2310
Fiscal implications
Minimal to state.
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.