Bill Text: NY S01967 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the reporting of child abuse to law enforcement; requires members of the clergy to report cases of suspected child abuse to law enforcement authorities; further requires training of all persons or officials required to report cases of suspected child abuse to law enforcement; and relates to the falsely reporting of incidents in the third degree.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO SOCIAL SERVICES [S01967 Detail]
Download: New_York-2019-S01967-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1967 2019-2020 Regular Sessions IN SENATE January 18, 2019 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services AN ACT to amend the social services law, in relation to the reporting of child abuse; and to amend the penal law, in relation to falsely reporting an incident in the third degree The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 413 of the social 2 services law, as amended by section 7 of part C of chapter 57 of the 3 laws of 2018, is amended to read as follows: 4 (a) The following persons and officials are required to report or 5 cause a report to be made in accordance with this title when they have 6 reasonable cause to suspect that a child coming before them in their 7 professional or official capacity is an abused or maltreated child, or 8 when they have reasonable cause to suspect that a child is an abused or 9 maltreated child where the parent, guardian, custodian or other person 10 legally responsible for such child comes before them in their profes- 11 sional or official capacity and states from personal knowledge facts, 12 conditions or circumstances which, if correct, would render the child an 13 abused or maltreated child: any physician; registered physician assist- 14 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 15 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 16 psychologist; registered nurse; social worker; emergency medical techni- 17 cian; licensed creative arts therapist; licensed marriage and family 18 therapist; licensed mental health counselor; licensed psychoanalyst; 19 licensed behavior analyst; certified behavior analyst assistant; hospi- 20 tal personnel engaged in the admission, examination, care or treatment 21 of persons; member of the clergy; a Christian Science practitioner; 22 school official, which includes but is not limited to school teacher, 23 school guidance counselor, school psychologist, school social worker, 24 school nurse, school administrator or other school personnel required to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08128-02-9S. 1967 2 1 hold a teaching or administrative license or certificate; full or part- 2 time compensated school employee required to hold a temporary coaching 3 license or professional coaching certificate; social services worker; 4 employee of a publicly-funded emergency shelter for families with chil- 5 dren; director of a children's overnight camp, summer day camp or trav- 6 eling summer day camp, as such camps are defined in section thirteen 7 hundred ninety-two of the public health law; day care center worker; 8 school-age child care worker; provider of family or group family day 9 care; employee or volunteer in a residential care facility for children 10 that is licensed, certified or operated by the office of children and 11 family services; or any other child care or foster care worker; mental 12 health professional; substance abuse counselor; alcoholism counselor; 13 all persons credentialed by the office of alcoholism and substance abuse 14 services; employees, who are expected to have regular and substantial 15 contact with children, of a health home or health home care management 16 agency contracting with a health home as designated by the department of 17 health and authorized under section three hundred sixty-five-l of this 18 chapter or such employees who provide home and community based services 19 under a demonstration program pursuant to section eleven hundred fifteen 20 of the federal social security act who are expected to have regular and 21 substantial contact with children; peace officer; police officer; 22 district attorney or assistant district attorney; investigator employed 23 in the office of a district attorney; or other law enforcement official. 24 § 2. Subdivision 1 of section 413 of the social services law is 25 amended by adding three new paragraphs (e), (f) and (g) to read as 26 follows: 27 (e) Unless the person confessing or confiding waives the privilege 28 pursuant to section forty-five hundred five of the civil practice law 29 and rules, a member of the clergy or duly accredited Christian Science 30 practitioner shall not be required to make a report as required by para- 31 graph (a) of this subdivision if the confession or confidence was made 32 to him or her in his or her professional character as spiritual advisor. 33 (f) The provisions for paragraph (e) of this subdivision shall not be 34 deemed to exempt a member of the clergy or Christian Science practition- 35 er from any other requirements of law to prevent the perpetrator from 36 committing additional acts of abuse. 37 (g) For the purposes of this subdivision the term "member of the cler- 38 gy" shall have the same meaning as defined under subdivision four of 39 section four hundred twenty-nine-a of this article. 40 § 3. Article 6 of the social services law is amended by adding a new 41 title 6-B to read as follows: 42 TITLE 6-B 43 REPORTS OF CHILD ABUSE TO LAW ENFORCEMENT 44 Section 429-a. Definitions. 45 429-b. Persons and officials required to report cases of 46 suspected child abuse to law enforcement authorities. 47 429-c. Penalties for failure to report. 48 429-d. Immunity from liability. 49 429-e. Training. 50 § 429-a. Definitions. For the purposes of this title the following 51 terms shall have the following meanings: 52 1. "Child abuse" shall mean any of the following acts committed 53 against a child by persons or officials defined under section four 54 hundred twenty-nine-b of this title, who are eighteen years of age or 55 older: (a) intentionally or recklessly inflicting physical injury, seri- 56 ous physical injury or death, or (b) intentionally or recklessly engag-S. 1967 3 1 ing in conduct which creates a substantial risk of such physical inju- 2 ry, serious physical injury or death, or (c) conduct prohibited by 3 article one hundred thirty or two hundred sixty-three of the penal law, 4 or (d) the commission or attempted commission against a child of the 5 crime of disseminating indecent materials to minors pursuant to article 6 two hundred thirty-five of the penal law. 7 2. "Child" shall mean a person under the age of eighteen years. 8 3. "Law enforcement authorities" shall mean a municipal police depart- 9 ment, sheriff's department, the division of state police or any officer 10 thereof. Notwithstanding any other provision of law, law enforcement 11 authorities shall not include any child protective service or any socie- 12 ty for the prevention of cruelty to children as such terms are defined 13 in section four hundred twenty-three of this article. 14 4. "Member of the clergy" shall mean any duly authorized pastor, 15 rector, deacon, priest, rabbi, pandit, swami, guru, granthi, imam, moul- 16 vi, maulana and a person having authority from, or in accordance with, 17 the rules and regulations of the governing ecclesiastical body of the 18 denomination or order, if any, to which the church belongs, or otherwise 19 from the church or synagogue to preside over and direct the spiritual 20 affairs of the church or synagogue. 21 5. "Religious institution" shall mean a religious corporation created 22 to enable its members to meet for divine worship or other religious 23 observances or a congregation, society, or other assemblage of persons 24 who are accustomed to statedly meet for divine worship or other reli- 25 gious observances, without having been incorporated for that purpose. 26 § 429-b. Persons and officials required to report cases of suspected 27 child abuse to law enforcement authorities. 1. The following persons and 28 officials are required to report or cause a report to be made to the 29 appropriate law enforcement authorities when they have reasonable suspi- 30 cion to believe that in their professional or official capacity an act 31 of child abuse has occurred: any physician; registered physician 32 assistant; surgeon; medical examiner; coroner; dentist; dental hygien- 33 ist; osteopath; optometrist; chiropractor; podiatrist; resident; intern; 34 psychologist; registered nurse; emergency medical technician; hospital 35 personnel engaged in the admission, examination, care or treatment of 36 persons; member of the clergy; a Christian Science practitioner; such 37 school official, which includes but not limited to a school teacher, 38 school guidance counselor, school psychologist, school social worker, 39 school nurse, school administrator or other school personnel required to 40 hold a teaching or administrative license or certificate, or full or 41 part-time compensated school employee required to hold a temporary 42 coaching license or professional coaching certificate; social services 43 worker; director of a children's overnight camp, summer day camp or 44 traveling summer day camp, as such camps are defined in section thirteen 45 hundred ninety-two of the public health law; day care worker; provider 46 of family or group family day care; employee or volunteer in a residen- 47 tial care facility or any other child care of foster care worker; mental 48 health professional; substance abuse counselor; alcoholism counselor; 49 peach officer; police officer; district attorney or assistant district 50 attorney; investigator employed in the office of a district attorney; or 51 other law enforcement official. 52 (a) Unless the person confessing or confiding waives the privilege, 53 pursuant to section forty-five hundred five of the civil practice law 54 and rules, a member of the clergy, or duly accredited Christian Science 55 practitioner, shall not be required to make a report as required pursu- 56 ant to subdivision one of this section if the confession or confidenceS. 1967 4 1 was made to him or her in his or her professional character as spiritual 2 advisor. 3 (b) When a member of the clergy has reasonable suspicion to believe 4 that an act of child abuse has occurred based upon information received 5 other than through a confession or confidence made pursuant to paragraph 6 (a) of this subdivision, then such member of the clergy shall promptly 7 make a report as required by this subdivision notwithstanding the fact 8 that he or she may have also received a report of child abuse through a 9 confession or confidence made pursuant to paragraph (a) of this subdivi- 10 sion. 11 (c) The provisions of paragraph (a) of this subdivision shall not be 12 deemed to exempt a member of the clergy from any other requirements of 13 law to prevent the perpetrator from committing additional acts of abuse. 14 2. Nothing in this title shall be construed to require the report of 15 information by a person required to report herein when such information 16 is otherwise privileged from disclosure by law. 17 § 429-c. Penalties for failure to report. 1. Any person required by 18 this title to report a case of suspected child abuse who willfully fails 19 to do so shall be guilty of a class A misdemeanor. 20 2. Any person required by this title to report a case of suspected 21 child abuse who knowingly and willfully fails to do so shall be civilly 22 liable for the damages proximately caused by such failure to report. 23 § 429-d. Immunity from liability. Any person who reasonably and in 24 good faith makes a report of allegations of child abuse as required 25 pursuant to this title shall have immunity from any liability, civil or 26 criminal, that might otherwise result by reason of such actions. 27 § 429-e. Training. 1. All persons or officials required to report 28 cases of suspected child abuse to law enforcement employed on or after 29 the effective date of this title shall be required to complete two hours 30 of coursework or training regarding the identification and reporting of 31 child abuse and maltreatment. The coursework or training shall be 32 obtained form an institution or provider which has been approved by the 33 department to provide such coursework or training. The coursework or 34 training shall include information regarding the physical and behavioral 35 indicators of child abuse and maltreatment and the statutory reporting 36 requirements set forth under this title as well as section four hundred 37 thirteen through four hundred twenty of this article, including but not 38 limited to, when and how a report must be made, what other actions the 39 reporter is mandated or authorized to take, the legal protections 40 afforded reporters, and the consequences for failing to report. The 41 department shall be authorized to publish a list of person who are not 42 in compliance with this subdivision on its website. 43 2. The coursework or training required by this section shall not apply 44 to those persons already required to undergo coursework or training 45 regarding the identification and reporting of child abuse and maltreat- 46 ment pursuant to any other pertinent section of law. 47 § 4. Paragraph (b) of subdivision 4 of section 240.50 of the penal 48 law, as amended by section 1 of part G of chapter 501 of the laws of 49 2012, is amended and a new paragraph (c) is added to read as follows: 50 (b) any person required to report cases of suspected child abuse or 51 maltreatment pursuant to subdivision one of section four hundred thir- 52 teen of the social services law or to report cases of suspected abuse or 53 neglect of a vulnerable person pursuant to section four hundred ninety- 54 one of such law, knowing that the person is required to report such 55 cases, and with the intent that such an alleged occurrence be reportedS. 1967 5 1 to the statewide central register or vulnerable persons' central regis- 2 ter[.], or 3 (c) any person required to report cases of suspected child abuse to 4 law enforcement pursuant to title six-B of article six of the social 5 services law. 6 § 5. This act shall take effect on the ninetieth day after it shall 7 have become a law; provided, however that the form used to report 8 suspected cases of child abuse be revised, as necessary, by the office 9 of children and family services prior to the effective date of this act 10 so that it is applicable for reporting to law enforcement agencies.