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.
                                                                   LBD08128-02-9

        S. 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  confidence

        S. 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 reported

        S. 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.
feedback