Legistative Changes in 2007

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There are two new pieces of legislation that modify SSL§413 enacted in 2007. The changes are effective October 1, 2007.

  • Chapter 193 broadens the identification of a school official within the context of who is a mandated reporter. The definition of school official now “includes, but is not limited to school teacher, school guidance counselor, school psychologist, school social worker, school nurse, school administrator, or other school personnel required to hold a teaching or administrative license or certificate.”
  • The new law also establishes the requirement that “whenever such person is required to report under this title in his or her capacity as a member of the staff of a medical or other public or private institution, school, facility, or agency, he or she shall make the report as required by this title and immediately notify the person in charge of such institution, school, facility, or agency, or his designated agent. Such person in charge, or the designated agent of such person, shall be responsible for all subsequent administration necessitated by the report. Any report shall include the name, title, and contact information for every staff person of the institution who is believed to have direct knowledge of the allegations in the report. Nothing in this section or title is intended to require more than one report from any institution, school, or agency.
  • No retaliatory personnel action against an employee can be taken. No employer can establish any conditions, prior approval, or prior notification. (See 08 OCFS INF 01)
  • Special note: Social services workers are required to report or cause a report to be made whenever they have a reasonable cause to suspect. This change speaks directly to the staff of social service agencies. Social services workers must make a report when a person comes before them, not the parent, child, or other legally responsible person, just a person. For more information, refer to 07 OCFS ADM 15 for clarification of the definition of social services workers.