Bill Text: NY A03526 | 2013-2014 | General Assembly | Introduced
Bill Title: Enacts provisions relating to the reporting of child abuse; delineates what persons are required to report cases of suspected child abuse to law enforcement agencies; protects the sanctity of the confessional; defines members of the clergy and religious institution for purposes of this legislation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to children and families [A03526 Detail]
Download: New_York-2013-A03526-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3526 2013-2014 Regular Sessions I N A S S E M B L Y January 28, 2013 ___________ Introduced by M. of A. RYAN -- 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. Subdivision 1 of section 413 of the social services law, as 2 amended by chapter 366 of the laws of 2008 and paragraphs (a) and (c) as 3 amended by section 3 of part D of chapter 501 of the laws of 2012, is 4 amended to read as follows: 5 1. (a) The following persons and officials are required to report or 6 cause a report to be made in accordance with this title when they have 7 reasonable cause to suspect that a child coming before them in their 8 professional or official capacity is an abused or maltreated child, or 9 when they have reasonable cause to suspect that a child is an abused or 10 maltreated child where the parent, guardian, custodian or other person 11 legally responsible for such child comes before them in their profes- 12 sional or official capacity and states from personal knowledge facts, 13 conditions or circumstances which, if correct, would render the child an 14 abused or maltreated child: any physician; registered physician assist- 15 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 16 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 17 psychologist; registered nurse; social worker; emergency medical techni- 18 cian; licensed creative arts therapist; licensed marriage and family 19 therapist; licensed mental health counselor; licensed psychoanalyst; 20 hospital personnel engaged in the admission, examination, care or treat- 21 ment 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 25 hold a teaching or administrative license or certificate; social EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05825-01-3 A. 3526 2 1 services worker; director of a children's overnight camp, summer day 2 camp or traveling summer day camp, as such camps are defined in section 3 thirteen hundred ninety-two of the public health law; day care center 4 worker; school-age child care worker; provider of family or group family 5 day care; or any other child care or foster care worker; mental health 6 professional; substance abuse counselor; alcoholism counselor; all 7 persons credentialed by the office of alcoholism and substance abuse 8 services; peace officer; police officer; district attorney or assistant 9 district attorney; investigator employed in the office of a district 10 attorney; or other law enforcement official. 11 (b) Whenever such person is required to report under this title in his 12 or her capacity as a member of the staff of a medical or other public or 13 private institution, school, facility or agency, he or she shall make 14 the report as required by this title and immediately notify the person 15 in charge of such institution, school, facility or agency, or his or her 16 designated agent. Such person in charge, or the designated agent of such 17 person, shall be responsible for all subsequent administration necessi- 18 tated by the report. Any report shall include the name, title and 19 contact information for every staff person of the institution who is 20 believed to have direct knowledge of the allegations in the report. 21 Nothing in this section or title is intended to require more than one 22 report from any such institution, school or agency. 23 (c) A medical or other public or private institution, school, facility 24 or agency shall not take any retaliatory personnel action, as such term 25 is defined in paragraph (e) of subdivision one of section seven hundred 26 forty of the labor law, against an employee because such employee 27 believes that he or she has reasonable cause to suspect that a child is 28 an abused or maltreated child and that employee therefore makes a report 29 in accordance with this title. No school, school official, child care 30 provider, foster care provider, residential care facility provider, 31 hospital, medical institution provider or mental health facility provid- 32 er shall impose any conditions, including prior approval or prior 33 notification, upon a member of their staff specifically required to 34 report under this title. At the time of the making of a report, or at 35 any time thereafter, such person or official may exercise the right to 36 request, pursuant to paragraph (A) of subdivision four of section four 37 hundred twenty-two of this title, the findings of an investigation made 38 pursuant to this title. 39 (d) Social services workers are required to report or cause a report 40 to be made in accordance with this title when they have reasonable cause 41 to suspect that a child is an abused or maltreated child where a person 42 comes before them in their professional or official capacity and states 43 from personal knowledge facts, conditions or circumstances which, if 44 correct, would render the child an abused or maltreated child. 45 (E) UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE, A 46 MEMBER OF THE CLERGY, OR OTHER MINISTER OF ANY RELIGION OR DULY ACCRED- 47 ITED CHRISTIAN SCIENCE PRACTITIONER, SHALL NOT BE REQUIRED TO MAKE A 48 REPORT AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION IF THE 49 CONFESSION OR CONFIDENCE WAS MADE TO HIM OR HER IN HIS OR HER PROFES- 50 SIONAL CHARACTER AS SPIRITUAL ADVISOR. 51 (F) WHEN A MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT A 52 CHILD IS AN ABUSED OR MALTREATED CHILD BASED UPON ANY INFORMATION 53 RECEIVED OTHER THAN THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT TO 54 PARAGRAPH (E) OF THIS SUBDIVISION, THEN SUCH MEMBER OF THE CLERGY SHALL 55 PROMPTLY MAKE A REPORT AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION 56 NOTWITHSTANDING THE FACT THAT HE OR SHE MAY HAVE ALSO RECEIVED A REPORT A. 3526 3 1 OF ABUSE OR MALTREATMENT THROUGH A CONFESSION OR CONFIDENCE MADE PURSU- 2 ANT TO PARAGRAPH (E) OF THIS SUBDIVISION. 3 (G) THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVISION SHALL NOT BE 4 DEEMED TO EXEMPT A MEMBER OF THE CLERGY FROM ANY OTHER REQUIREMENTS OF 5 LAW TO PREVENT THE PERPETRATOR FROM COMMITTING ADDITIONAL ACTS OF ABUSE. 6 (H) FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "MEMBER OF THE CLER- 7 GY" SHALL HAVE THE SAME DEFINITION AS THE TERM "CLERGYMAN" AS SET FORTH 8 IN SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW AND SHALL ALSO INCLUDE 9 ANY PERSON RESPONSIBLE FOR SUPERVISING A MEMBER OF THE CLERGY OF A RELI- 10 GIOUS INSTITUTION OR RESPONSIBLE FOR THE ADMINISTRATION OF A RELIGIOUS 11 INSTITUTION. 12 (I) FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "RELIGIOUS INSTITU- 13 TION" SHALL MEAN A RELIGIOUS CORPORATION CREATED TO ENABLE ITS MEMBERS 14 TO MEET FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES OR A CONGRE- 15 GATION, SOCIETY, OR OTHER ASSEMBLAGE OF PERSONS WHO ARE ACCUSTOMED TO 16 STATEDLY MEET FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES, WITHOUT 17 HAVING BEEN INCORPORATED FOR THAT PURPOSE, AS PROVIDED IN SECTION TWO OF 18 THE RELIGIOUS CORPORATIONS LAW. 19 S 2. This act shall take effect on the sixtieth day after it shall 20 have become a law; provided, however, that the amendments to paragraphs 21 (a) and (c) of subdivision 1 of section 413 of the social services law 22 made by section one of this act shall take effect on the same date and 23 in the same manner as section 3 of part D of chapter 501 of the laws of 24 2012, takes effect.