Bill Text: NY A05191 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to mandatory reporting of allegations of physical or sexual abuse of a child with developmental, mental or physical disabilities residing in a facility operated by the department of mental hygiene or a private facility.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2014-01-08 - referred to mental health [A05191 Detail]

Download: New_York-2013-A05191-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5191
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 21, 2013
                                      ___________
       Introduced  by M. of A. ORTIZ, GUNTHER, WEPRIN, CAMARA, ROBERTS, WEISEN-
         BERG, HOOPER, GIBSON -- Multi-Sponsored by -- M. of A.  ARROYO,  COOK,
         CUSICK,  GALEF  --  read  once and referred to the Committee on Mental
         Health
       AN ACT to amend the mental hygiene law, in relation to mandatory report-
         ing of allegations of physical or sexual abuse of  a  child  or  adult
         with  developmental,  mental  or  physical  disabilities  and of death
         occurring in a suspicious, unusual, untimely or unexplained manner
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  mental  hygiene  law  is  amended  by adding two new
    2  sections 16.38 and 16.39 to read as follows:
    3  S 16.38 MANDATORY REPORTING OF PHYSICAL OR SEXUAL ABUSE.
    4    (A) ANY AND ALL ALLEGATIONS OF PHYSICAL OR SEXUAL ABUSE  OF  A  PERSON
    5  WITH DEVELOPMENTAL, MENTAL OR PHYSICAL DISABILITIES RESIDING IN A FACIL-
    6  ITY OPERATED, CERTIFIED, LICENSED, FUNDED OR OTHERWISE AUTHORIZED BY THE
    7  DEPARTMENT  OR  ANY  OTHER  PRIVATE FACILITY CARING FOR SUCH INDIVIDUALS
    8  REPORTED TO ANY ABUSE HOTLINE SHALL BE IMMEDIATELY  FORWARDED  TO  LOCAL
    9  LAW ENFORCEMENT AND THE LOCAL DISTRICT ATTORNEY'S OFFICE.
   10    (B)  ALL  MANDATORY  REPORTERS,  SUPERVISORS  AND ANY OTHER INDIVIDUAL
   11  RECEIVING A COMPLAINT OR REPORTING AN ALLEGATION OF PHYSICAL  OR  SEXUAL
   12  ABUSE  OF  A  PERSON WITH DEVELOPMENTAL, MENTAL OR PHYSICAL DISABILITIES
   13  RESIDING IN A FACILITY OPERATED, CERTIFIED, LICENSED, FUNDED  OR  OTHER-
   14  WISE  AUTHORIZED  BY THE DEPARTMENT OR ANY OTHER PRIVATE FACILITY CARING
   15  FOR SUCH INDIVIDUALS SHALL IMMEDIATELY REPORT THE  ALLEGATION  TO  LOCAL
   16  LAW  ENFORCEMENT, LOCAL DISTRICT ATTORNEY'S OFFICE, CHILD ABUSE HOTLINE,
   17  IF APPLICABLE, ADULT PROTECTIVE SERVICES,  IF  APPLICABLE,  AND  TO  THE
   18  STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT.
   19    (C)(I)  ANY  ALLEGATION  OF  AN  ABUSED  CHILD  IN RESIDENTIAL CARE AS
   20  DEFINED IN SUBDIVISION ONE OF  SECTION  FOUR  HUNDRED  TWELVE-A  OF  THE
   21  SOCIAL SERVICES LAW TO ANY ABUSE HOTLINE, STATEWIDE, SHALL BE IMMEDIATE-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07524-02-3
       A. 5191                             2
    1  LY  FORWARDED TO LOCAL LAW ENFORCEMENT AND THE LOCAL DISTRICT ATTORNEY'S
    2  OFFICE.
    3    (II)  ANY  ALLEGATION  OF  AN ABUSE TO A YOUTH RESIDING IN RESIDENTIAL
    4  CARE AS THE TERM IS DEFINED IN PARAGRAPH (A) OR (B) OF SUBDIVISION  FOUR
    5  OF SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES LAW TO ANY ABUSE
    6  HOTLINE  SHALL  BE IMMEDIATELY FORWARDED TO LOCAL LAW ENFORCEMENT, LOCAL
    7  DISTRICT ATTORNEY'S OFFICE AND THE STATEWIDE CENTRAL REGISTER  OF  CHILD
    8  ABUSE AND MALTREATMENT.
    9    (D)  ALL  FACILITIES,  DAY  PROGRAMS,  GROUP HOMES AND OTHER PROVIDERS
   10  OPERATED, LICENSED, FUNDED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT  OR
   11  ANY OTHER PRIVATE FACILITY CARING FOR SUCH INDIVIDUALS SHALL COMPLY WITH
   12  SUBDIVISIONS (B) AND (C) OF THIS SECTION.
   13  S 16.39 MANDATORY REPORTING OF DEATH OCCURRING IN A SUSPICIOUS, UNUSUAL,
   14            UNTIMELY OR UNEXPLAINED MANNER.
   15    (A)  ANY  DEATH  OCCURRING IN A SUSPICIOUS, UNUSUAL, UNTIMELY OR UNEX-
   16  PLAINED MANNER OF A PERSON WITH DEVELOPMENTAL, MENTAL OR PHYSICAL  DISA-
   17  BILITIES RESIDING IN A FACILITY OPERATED, CERTIFIED, LICENSED, FUNDED OR
   18  OTHERWISE  AUTHORIZED  BY  THE  DEPARTMENT OR ANY OTHER PRIVATE FACILITY
   19  CARING FOR SUCH INDIVIDUALS SHALL BE IMMEDIATELY REPORTED TO  LOCAL  LAW
   20  ENFORCEMENT AND THE LOCAL DISTRICT ATTORNEY'S OFFICE.
   21    (B)  ANY  DEATH  OCCURRING IN A SUSPICIOUS, UNUSUAL, UNTIMELY OR UNEX-
   22  PLAINED MANNER OF A CHILD IN RESIDENTIAL CARE AS DEFINED IN  SUBDIVISION
   23  ONE OF SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL SERVICES LAW SHALL BE
   24  REPORTED  TO LOCAL LAW ENFORCEMENT, THE LOCAL DISTRICT ATTORNEY'S OFFICE
   25  AND THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT WITH-
   26  IN THREE DAYS OF THE DATE OF SUCH DEATH.
   27    (C) ALL FACILITIES, DAY PROGRAMS,  GROUP  HOMES  AND  OTHER  PROVIDERS
   28  OPERATED,  LICENSED, FUNDED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT OR
   29  ANY OTHER PRIVATE FACILITY CARING FOR SUCH INDIVIDUALS SHALL COMPLY WITH
   30  SUBDIVISIONS (A) AND (B) OF THIS SECTION.
   31    S 2. This act shall take effect on the ninetieth day  after  it  shall
   32  have become a law.