Int. No. 408-A

By the Public Advocate (Ms. Gotbaum) and Council Members DeBlasio, James, Perkins, Boyland, Brewer, Clarke, Comrie, Jr., Gennaro, Gerson, Jennings, Jr., Koppell, Liu, Martinez, Nelson, Palma, Quinn, Sanders, Jr., Seabrook, Stewart, The Speaker (Council Member Miller),Weprin and Moskowitz

A Local Law to amend the administrative code of the city of New York, in relation to requiring the posting or dissemination in homeless shelters of signage and other materials relating to the reporting of child abuse and neglect and to proper infant sleeping position and arrangement.

Be it enacted by the Council as follows:

Section 1. Chapter 3 of title 21 of the administrative code of the city of New York is amended by adding a new section 21-314.1 to read as follows:

§ 21-314.1 Signage and other materials. a.  The commissioner shall, in consultation with not-for-profit organizations dedicated to the advocacy of child welfare, establish, maintain, and update signage and any other materials that are deemed necessary related to the reporting of child abuse and maltreatment which shall be conspicuously placed in all Tier II shelters and any other facilities that shelter homeless families and which shall include but not be limited to:

1.  A textual representation of the type of abusive or neglectful behavior that should be reported, which encourages witnesses of such behavior to report any suspected incidents of child abuse or maltreatment;

2.  The name and contact information of the appropriate person or agency to whom suspected incidents of child abuse or maltreatment are to be reported; and

3.  An explicit indication of which persons are mandated to report suspected incidents of child abuse or maltreatment pursuant to section 413 of the social services law.

b.  The commissioner shall, in consultation with not-for-profit organizations dedicated to the study or dissemination of information about proper infant sleep position and arrangement, establish, maintain, and update signage and any other materials that are deemed necessary related to proper infant sleep position and arrangement which shall include, but not be limited to, a textual and pictorial representation of proper infant sleep position and arrangement.  Such signage shall be displayed conspicuously, at a minimum, in every common area of a Tier II shelter and any other facility that shelters homeless families.

c.  The commissioner shall provide for the translation of the signage required in subdivisions a and b of this section and any other materials deemed necessary pursuant to this section into every covered language as defined pursuant to section 8-1004 of this code.

d.  In addition to the signage and materials provided for in subdivisions a and b of this section, the commissioner shall establish, maintain, and provide training for appropriate shelter employees in the instruction of parents with regard to proper infant sleeping position and arrangement.

§ 2. Effect of invalidity; severability.  If any section, subsection, sentence, clause, phrase or other portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this local law, which remaining portions shall continue in full force and effect.

§ 3. This local law shall take effect ninety days after its enactment.

J.D.S. • 3/1/2005 • 9:29 AM