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A05652 Summary:

BILL NOA05652
 
SAME ASNo Same As
 
SPONSORGiglio
 
COSPNSRBarclay, Brabenec, Crouch, Goodell, Hawley, Kolb, Lawrence, Mikulin, Miller B, Morinello, Norris, Reilly, Sayegh, Tague, Byrnes, Salka
 
MLTSPNSR
 
Add 459-i, Soc Serv L
 
Details a list of mandated reporters required to make a report to the police authorities when he or she has reasonable cause to suspect that an individual is a victim of domestic violence.
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A05652 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5652
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  GIGLIO,  BARCLAY, BRABENEC, CROUCH, GOODELL,
          HAWLEY, KOLB, LAWRENCE, MIKULIN, B. MILLER, MORINELLO, NORRIS, REILLY,
          SAYEGH, TAGUE -- read once and referred to the Committee  on  Children
          and Families
 
        AN  ACT  to  amend the social services law, in relation to the mandatory
          reporting of incidents of domestic violence

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The social services law is amended by adding a new section
     2  459-i to read as follows:
     3    § 459-i. Duty to report incidents of domestic violence. 1. In addition
     4  to any person required to report certain wounds and  burn  injuries  and
     5  wounds  in  accordance with sections 265.25 and 265.26 of the penal law,
     6  any person or official required to report cases of suspected child abuse
     7  or maltreatment in accordance with section four hundred thirteen of this
     8  chapter shall also be required to report or cause a report  to  be  made
     9  when he or she has reasonable cause to suspect that an individual coming
    10  before  him  or her in his or her professional or official capacity is a
    11  victim of domestic violence, as defined in section four  hundred  fifty-
    12  nine-a of this article.
    13    2.  Such  report  required by subdivision one of this section shall be
    14  made within forty-eight hours of discovery to the police authorities  of
    15  the city, town or village where the person reporting is located.
    16    3.  Whenever  such  person is required to report under this section in
    17  his or her capacity as a member of the  staff  of  a  medical  or  other
    18  public  or  private  institution,  school, facility or agency, he or she
    19  shall make the report as required by this section and immediately notify
    20  the person in charge of such institution, school, facility or agency, or
    21  his or her designated agent. Such person in charge,  or  the  designated
    22  agent  of  such person, shall be responsible for all subsequent adminis-
    23  tration necessitated by the report. Any report shall include  the  name,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06940-01-9

        A. 5652                             2
 
     1  title  and contact information for every staff person of the institution
     2  who is believed to have direct  knowledge  of  the  allegations  in  the
     3  report.    Nothing  in this section is intended to require more than one
     4  report from any such institution, school or agency.
     5    4.  A medical or other public or private institution, school, facility
     6  or agency shall not take any retaliatory personnel action, as such  term
     7  is  defined in paragraph (e) of subdivision one of section seven hundred
     8  forty of the labor  law,  against  an  employee  because  such  employee
     9  believes that he or she has reasonable cause to suspect that an individ-
    10  ual  coming  before him or her is a victim of domestic violence and that
    11  employee therefore makes a report in accordance with this section.    No
    12  school,  school  official,  child  care  provider, foster care provider,
    13  residential  care  facility  provider,  hospital,  medical   institution
    14  provider or mental health facility provider shall impose any conditions,
    15  including  prior  approval or prior notification, upon a member of their
    16  staff specifically required to report under this section. At the time of
    17  the making of a report, or at any time thereafter, such person or  offi-
    18  cial  may exercise the right to request the findings of an investigation
    19  made pursuant to this section.
    20    5. Any person, institution, school,  facility,  agency,  organization,
    21  partnership  or  corporation  which  employs  persons mandated to report
    22  suspected incidents of domestic violence pursuant to subdivision one  of
    23  this section shall provide all such current and new employees with writ-
    24  ten  information explaining the reporting requirements set out in subdi-
    25  vision one of this section. The employers shall be responsible  for  the
    26  costs associated with printing and distributing the written information.
    27    6.  Any  state or local governmental agency or authorized agency which
    28  issues a license, certificate or permit to an individual  to  operate  a
    29  family  day  care  home or group family day care home shall provide each
    30  person currently holding or  seeking  such  a  license,  certificate  or
    31  permit  with  written  information explaining the reporting requirements
    32  set out in subdivision one of this section.
    33    7. Any person, official or  institution  required  by  this  title  to
    34  report  a  case of suspected abuse or maltreatment of a senior who will-
    35  fully fails to do so shall be guilty of a class A misdemeanor and  shall
    36  be civilly liable for the damages proximately caused by such failure.
    37    § 2. This act shall take effect immediately. Effective immediately the
    38  addition,  amendment  and/or  repeal of any rule or regulation necessary
    39  for the implementation of this act on its effective date are  authorized
    40  to be made and completed on or before such date.
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