Bill Text: NY A04994 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires certain persons and officials to report child abuse or suspected child abuse to law enforcement authorities.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-08 - referred to children and families [A04994 Detail]
Download: New_York-2019-A04994-Introduced.html
Bill Title: Requires certain persons and officials to report child abuse or suspected child abuse to law enforcement authorities.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-08 - referred to children and families [A04994 Detail]
Download: New_York-2019-A04994-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4994 2019-2020 Regular Sessions IN ASSEMBLY February 6, 2019 ___________ Introduced by M. of A. GALEF, LALOR -- read once and referred to the Committee on Children and Families AN ACT to amend the social services law, in relation to the reporting of child abuse The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 6 of the social services law is amended by adding 2 a new title 6-B to read as follows: 3 TITLE 6-B 4 REPORTS OF CHILD ABUSE TO 5 LAW ENFORCEMENT 6 Section 429-a. Definitions. 7 429-b. Persons and officials required to report cases of 8 suspected child abuse to appropriate law enforcement. 9 429-c. Penalties for failure to report. 10 429-d. Immunity from liability. 11 § 429-a. Definitions. For the purposes of this title the term : 12 1. "abused child" shall mean a child under the age of eighteen years 13 upon whom a person eighteen years of age or older who is not the parent 14 or other person legally responsible for such child's care: 15 (a) intentionally or recklessly inflicts physical injury, serious 16 physical injury or death, or 17 (b) intentionally or recklessly engages in conduct which creates a 18 substantial risk of physical injury, serious physical injury or death, 19 or 20 (c) commits or attempts to commit against a child the crime of dissem- 21 inating indecent materials to minors pursuant to article two hundred 22 thirty-five of the penal law, or 23 (d) engages in any conduct prohibited by article one hundred thirty or 24 two hundred sixty-three of the penal law; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06726-01-9A. 4994 2 1 2. "law enforcement authorities" shall mean a municipal police depart- 2 ment, sheriff's department, the division of state police or any officer 3 thereof or a district attorney or assistant district attorney. Notwith- 4 standing any other provision of law, law enforcement authorities shall 5 not include any child protective service or any society for the 6 prevention of cruelty to children as such terms are defined in section 7 four hundred twenty-three of this article; 8 3. "organization" shall mean a sole proprietor, partnership, corpo- 9 ration, limited liability company, trust, association, financial insti- 10 tution, governmental entity other than the federal government, and any 11 other individual or group engaged in a trade, occupation, enterprise, 12 governmental function, charitable function, or similar activity in this 13 state whether or not the entity is operated as a nonprofit or for-profit 14 entity; 15 4. "member of the clergy" shall have the same definition as the term 16 "clergyman" as set forth in section two of the religious corporations 17 law and shall also include any person responsible for supervising a 18 member of the clergy of a religious institution or responsible for the 19 administration of a religious institution; 20 5. "religious institution" shall mean a religious corporation created 21 to enable its members to meet for divine worship or other religious 22 observances or a congregation, society, or other assemblage of persons 23 who are accustomed to statedly meet for divine worship or other reli- 24 gious observances, without having been incorporated for that purpose, as 25 provided in section two of the religious corporations law. 26 § 429-b. Persons and officials required to report cases of suspected 27 child abuse to appropriate law enforcement. 1. The following persons and 28 officials are required to report or cause a report to be made to an 29 appropriate law enforcement agency when they have reasonable cause to 30 suspect in their professional or official capacity that a child is an 31 abused child: any physician; registered physician assistant; surgeon; 32 medical examiner; coroner; dentist; dental hygienist; osteopath; optome- 33 trist; chiropractor; podiatrist; resident; intern; psychologist; regis- 34 tered nurse; social worker; emergency medical technician; licensed crea- 35 tive arts therapist; licensed marriage and family therapist; licensed 36 mental health counselor; licensed psychoanalyst; licensed behavior 37 analyst; certified behavior analyst assistant; hospital personnel 38 engaged in the admission, examination, care or treatment of persons; a 39 member of the clergy, a Christian Science practitioner; school official, 40 which includes but is not limited to school teacher, school guidance 41 counselor, school psychologist, school social worker, school nurse, 42 school administrator or other school personnel required to hold a teach- 43 ing or administrative license or certificate; full or part-time compen- 44 sated school employee required to hold a temporary coaching license or 45 professional coaching certificate; social services worker; employee of a 46 publicly-funded emergency shelter for families with children; director 47 of a children's overnight camp, summer day camp or traveling summer day 48 camp, as such camps are defined in section thirteen hundred ninety-two 49 of the public health law; day care center worker; school-age child care 50 worker; provider of family or group family day care; employee or volun- 51 teer in a residential care facility for children that is licensed, 52 certified or operated by the office of children and family services; or 53 any other child care or foster care worker; mental health professional; 54 substance abuse counselor; alcoholism counselor; all persons creden- 55 tialed by the office of alcoholism and substance abuse services; employ- 56 ees, who are expected to have regular and substantial contact with chil-A. 4994 3 1 dren, of a health home or health home care management agency contracting 2 with a health home as designated by the department of health and author- 3 ized under section three hundred sixty-five-l of this chapter or such 4 employees who provide home and community based services under a demon- 5 stration program pursuant to section eleven hundred fifteen of the 6 federal social security act who are expected to have regular and 7 substantial contact with children; peace officer; police officer; 8 district attorney or assistant district attorney; investigator employed 9 in the office of a district attorney; other law enforcement official; or 10 any person eighteen years of age or older, through his or her affil- 11 iation, or in his or her official, professional, or supervisory capaci- 12 ty, either paid or unpaid, with an organization that provides services, 13 programming or supervision to a person less than eighteen years of age. 14 2. Reports of suspected child abuse shall be made immediately by tele- 15 phone or by telephone facsimile on a form supplied by the commissioner 16 of the office of children and family services to an appropriate law 17 enforcement agency. Such telephone reports shall be followed by a report 18 in writing within twenty-four hours after such oral report. The 19 provisions of article twenty-three-B of the education law shall apply 20 when allegations of abuse or maltreatment by an employee or volunteer 21 under such article are made in an educational setting. Nothing in this 22 subdivision shall require a person or official required to report cases 23 of suspected child abuse to additionally notify the statewide register 24 of child abuse and maltreatment unless the relationship of the victim to 25 the alleged perpetrator is in doubt. Notwithstanding any other provision 26 of law, law enforcement agency shall not include any child protective 27 service or any society for the prevention of cruelty to children as such 28 terms are defined in section four hundred twenty-three of this article. 29 3. Unless the person confessing or confiding waives the privilege, a 30 member of the clergy, or other minister of any religion or duly accred- 31 ited Christian Science practitioner, shall not be required to make a 32 report as required by subdivision two of this section if the confession 33 or confidence was made to him or her in his or her professional charac- 34 ter as spiritual advisor. 35 4. When a member of the clergy has reasonable cause to suspect that 36 conduct described under this section has occurred based upon any infor- 37 mation received other than through a confession or confidence made 38 pursuant to subdivision three of this section, then such member of the 39 clergy shall promptly make a report as required by subdivision two of 40 this section notwithstanding the fact that he or she may have also 41 received a report of abuse or maltreatment through a confession or 42 confidence made pursuant to subdivision three of this section. 43 5. The provisions of subdivision three of this section shall not be 44 deemed to exempt a member of the clergy from any other requirements of 45 law to prevent the perpetrator from committing additional acts of abuse. 46 6. Persons and officials required to report cases of suspected child 47 abuse to appropriate law enforcement agencies are required to complete a 48 training program in the identification and reporting of child abuse. 49 Such program shall be approved by the office of children and family 50 services. The commissioner shall provide public notice that mandated 51 reporting training materials and information have been updated and shall 52 prescribe a period of compliance for mandated reporters to receive 53 updated training information, including but not limited to, training 54 distributed by the office on its public website.A. 4994 4 1 § 429-c. Penalties for failure to report. 1. Any person required by 2 this title to report a case of suspected child abuse who willfully fails 3 to do so shall be guilty of a class A misdemeanor. 4 2. Any person required by this title to report a case of suspected 5 child abuse who knowingly and willfully fails to do so shall be civilly 6 liable for the damages proximately caused by such failure. 7 § 429-d. Immunity from liability. 1. Any person who in good faith 8 makes a report of allegations of child abuse as required by this title, 9 including those who in good faith make a report to the wrong recipient, 10 shall have immunity from criminal liability which might otherwise result 11 by reason of such actions. 12 2. Any person who reasonably and in good faith makes a report of alle- 13 gations of child abuse as required by this title, shall have immunity 14 from civil liability which might otherwise result by reason of such 15 actions. 16 § 2. This act shall take effect one year after it shall have become a 17 law.
