S T A T E O F N E W Y O R K
________________________________________________________________________
1793
2009-2010 Regular Sessions
I N S E N A T E
February 6, 2009
___________
Introduced by Sen. DUANE -- read twice and ordered printed, and when
printed to be committed 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:
Section 1. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by chapter 366 of the laws of 2008, is amended
to read as follows:
(a) The following persons and officials are required to report or
cause a report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming before them in their
professional or official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or other person
legally responsible for such child comes before them in their profes-
sional or official capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician assist-
ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
osteopath; optometrist; chiropractor; podiatrist; resident; intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian; licensed creative arts therapist; licensed marriage and family
therapist; licensed mental health counselor; licensed psychoanalyst;
hospital personnel engaged in the admission, examination, care or treat-
ment of persons; MEMBER OF THE CLERGY; a Christian Science practitioner;
school official, which includes but is not limited to school teacher,
school guidance counselor, school psychologist, school social worker,
school nurse, school administrator or other school personnel required to
hold a teaching or administrative license or certificate; social
services worker; day care center worker; provider of family or group
family day care; employee or volunteer in a residential care facility
defined in subdivision seven of section four hundred twelve of this
title or any other child care or foster care worker; mental health
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03378-01-9
S. 1793 2
professional; substance abuse counselor; alcoholism counselor; all
persons credentialed by the office of alcoholism and substance abuse
services; peace officer; police officer; district attorney or assistant
district attorney; investigator employed in the office of a district
attorney; or other law enforcement official.
S 2. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as separately amended by chapters 323 and 366 of the laws
of 2008, is amended to read as follows:
(a) The following persons and officials are required to report or
cause a report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming before them in their
professional or official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or other person
legally responsible for such child comes before them in their profes-
sional or official capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician assist-
ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
osteopath; optometrist; chiropractor; podiatrist; resident; intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian; licensed creative arts therapist; licensed marriage and family
therapist; licensed mental health counselor; licensed psychoanalyst;
hospital personnel engaged in the admission, examination, care or treat-
ment of persons; A MEMBER OF THE CLERGY; a Christian Science practition-
er; school official, which includes but is not limited to school teach-
er, school guidance counselor, school psychologist, school social
worker, school nurse, school administrator or other school personnel
required to hold a teaching or administrative license or certificate;
social services worker; day care center worker; school-age child care
worker; provider of family or group family day care; employee or volun-
teer in a residential care facility defined in subdivision four of
section four hundred twelve-a of this title or any other child care or
foster care worker; mental health professional; substance abuse counse-
lor; alcoholism counselor; all persons credentialed by the office of
alcoholism and substance abuse services; peace officer; police officer;
district attorney or assistant district attorney; investigator employed
in the office of a district attorney; or other law enforcement official.
S 3. Article 6 of the social services law is amended by adding a new
title 6-B to read as follows:
TITLE 6-B
REPORTS OF CHILD ABUSE TO
LAW ENFORCEMENT
SECTION 429-N. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF
SUSPECTED CHILD ABUSE TO APPROPRIATE LAW ENFORCEMENT
AGENCY.
429-O. PENALTIES FOR FAILURE TO REPORT.
429-P. IMMUNITY FROM LIABILITY.
429-Q. REVIEW OF EXISTING RECORDS FOR ALLEGATIONS THAT A CHILD
IS AN ABUSED CHILD; DISTRICT ATTORNEY; PENALTY.
S 429-N. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF SUSPECTED
CHILD ABUSE TO APPROPRIATE LAW ENFORCEMENT AGENCY. 1. (A) THE FOLLOWING
PERSONS AND OFFICIALS ARE REQUIRED TO REPORT OR CAUSE A REPORT TO BE
MADE TO AN APPROPRIATE LAW ENFORCEMENT AGENCY WHEN THEY HAVE REASONABLE
CAUSE TO SUSPECT IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY THAT A CHILD
IS AN ABUSED CHILD: ANY PHYSICIAN; REGISTERED PHYSICIAN ASSISTANT;
S. 1793 3
SURGEON; MEDICAL EXAMINER; CORONER; DENTIST; DENTAL HYGIENIST; OSTEO-
PATH; OPTOMETRIST; CHIROPRACTOR; PODIATRIST; RESIDENT; INTERN; PSYCHOL-
OGIST; REGISTERED NURSE; EMERGENCY MEDICAL TECHNICIAN; HOSPITAL PERSON-
NEL ENGAGED IN THE ADMISSION, EXAMINATION, CARE OR TREATMENT OF PERSONS;
MEMBER OF THE CLERGY; A CHRISTIAN SCIENCE PRACTITIONER; SCHOOL OFFICIAL;
SOCIAL SERVICES WORKER; DAY CARE CENTER WORKER; PROVIDER OF FAMILY OR
GROUP FAMILY DAY CARE; EMPLOYEE OR VOLUNTEER IN A RESIDENTIAL CARE
FACILITY DEFINED IN SUBDIVISION SEVEN OF SECTION FOUR HUNDRED TWELVE OF
THIS ARTICLE OR ANY OTHER CHILD CARE OR FOSTER CARE WORKER; MENTAL
HEALTH PROFESSIONAL; SUBSTANCE ABUSE COUNSELOR; ALCOHOLISM COUNSELOR;
PEACE OFFICER; POLICE OFFICER; DISTRICT ATTORNEY OR ASSISTANT DISTRICT
ATTORNEY; INVESTIGATOR EMPLOYED IN THE OFFICE OF A DISTRICT ATTORNEY; OR
OTHER LAW ENFORCEMENT OFFICIAL.
(B) FOR THE PURPOSES OF THIS SECTION THE TERM "ABUSED CHILD" SHALL
MEAN A CHILD UNDER THE AGE OF EIGHTEEN YEARS UPON WHOM A PERSON EIGHTEEN
YEARS OF AGE OR MORE WHO IS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION
AND WHO IS NOT THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH
CHILD'S CARE:
(I) INTENTIONALLY OR RECKLESSLY INFLICTS PHYSICAL INJURY, SERIOUS
PHYSICAL INJURY OR DEATH, OR
(II) INTENTIONALLY OR RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A
SUBSTANTIAL RISK OF SUCH PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR
DEATH, OR
(III) COMMITS OR ATTEMPTS TO COMMIT AGAINST A CHILD THE CRIME OF
DISSEMINATING INDECENT MATERIALS TO MINORS PURSUANT TO ARTICLE TWO
HUNDRED THIRTY-FIVE OF THE PENAL LAW, OR
(IV) ENGAGES IN ANY CONDUCT PROHIBITED BY ARTICLE ONE HUNDRED THIRTY
OR TWO HUNDRED SIXTY-THREE OF THE PENAL LAW.
(C) FOR THE PURPOSES OF THIS SECTION THE TERM "LAW ENFORCEMENT AUTHOR-
ITIES" SHALL MEAN A MUNICIPAL POLICE DEPARTMENT, SHERIFF'S DEPARTMENT,
THE DIVISION OF STATE POLICE OR ANY OFFICER THEREOF OR A DISTRICT ATTOR-
NEY OR ASSISTANT DISTRICT ATTORNEY. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, LAW ENFORCEMENT AUTHORITIES SHALL NOT INCLUDE ANY CHILD PROTEC-
TIVE SERVICE OR ANY SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN AS
SUCH TERMS ARE DEFINED IN SECTION FOUR HUNDRED TWENTY-THREE OF THIS
ARTICLE.
(D) FOR THE PURPOSES OF THIS SECTION THE TERM "MEMBER OF THE CLERGY"
SHALL HAVE THE SAME DEFINITION AS THE TERM "CLERGYMAN" AS SET FORTH IN
SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW AND SHALL ALSO INCLUDE ANY
PERSON RESPONSIBLE FOR SUPERVISING A MEMBER OF THE CLERGY OF A RELIGIOUS
INSTITUTION OR RESPONSIBLE FOR THE ADMINISTRATION OF A RELIGIOUS INSTI-
TUTION.
(E) FOR THE PURPOSES OF THIS SECTION THE TERM "RELIGIOUS INSTITUTION"
SHALL MEAN A RELIGIOUS CORPORATION CREATED TO ENABLE ITS MEMBERS TO MEET
FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES OR A CONGREGATION,
SOCIETY, OR OTHER ASSEMBLAGE OF PERSONS WHO ARE ACCUSTOMED TO STATEDLY
MEET FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES, WITHOUT HAVING
BEEN INCORPORATED FOR THAT PURPOSE, AS PROVIDED IN SECTION TWO OF THE
RELIGIOUS CORPORATIONS LAW.
2. (A) UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE,
A MEMBER OF THE CLERGY, OR OTHER MINISTER OF ANY RELIGION OR DULY
ACCREDITED CHRISTIAN SCIENCE PRACTITIONER, SHALL NOT BE REQUIRED TO MAKE
A REPORT AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION
IF THE CONFESSION OR CONFIDENCE WAS MADE TO HIM OR HER IN HIS OR HER
PROFESSIONAL CHARACTER AS SPIRITUAL ADVISOR.
S. 1793 4
(B) WHEN A MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT A
CHILD IS AN ABUSED CHILD BASED UPON ANY INFORMATION RECEIVED OTHER THAN
THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, THEN SUCH MEMBER OF THE CLERGY SHALL PROMPTLY MAKE A
REPORT AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION
NOTWITHSTANDING THE FACT THAT HE OR SHE MAY HAVE ALSO RECEIVED A REPORT
OF ABUSE THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION.
(C) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE
DEEMED TO EXEMPT A MEMBER OF THE CLERGY FROM ANY OTHER REQUIREMENTS OF
LAW TO PREVENT THE PERPETRATOR FROM COMMITTING ADDITIONAL ACTS OF ABUSE.
3. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE THE REPORT OF
INFORMATION BY A PERSON REQUIRED TO REPORT WHEN SUCH INFORMATION IS
OTHERWISE PRIVILEGED FROM DISCLOSURE BY LAW.
S 429-O. PENALTIES FOR FAILURE TO REPORT. 1. ANY PERSON REQUIRED BY
THIS TITLE TO REPORT A CASE OF SUSPECTED CHILD ABUSE WHO WILLFULLY FAILS
TO DO SO SHALL BE GUILTY OF A CLASS A MISDEMEANOR FOR THE FIRST OFFENSE,
A CLASS E FELONY FOR THE SECOND OFFENSE AND A CLASS D FELONY FOR THE
THIRD OFFENSE OR ANY SUBSEQUENT OFFENSE.
2. ANY PERSON REQUIRED BY THIS TITLE TO REPORT A CASE OF SUSPECTED
CHILD ABUSE WHO KNOWINGLY AND WILLFULLY FAILS TO DO SO SHALL BE CIVILLY
LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
S 429-P. IMMUNITY FROM LIABILITY. 1. ANY PERSON WHO IN GOOD FAITH
MAKES A REPORT OF ALLEGATIONS OF CHILD ABUSE AS REQUIRED BY THIS TITLE,
INCLUDING THOSE WHO IN GOOD FAITH MAKE A REPORT TO THE WRONG RECIPIENT,
SHALL HAVE IMMUNITY FROM CRIMINAL LIABILITY WHICH MIGHT OTHERWISE RESULT
BY REASON OF SUCH ACTIONS.
2. ANY PERSON WHO REASONABLY AND IN GOOD FAITH MAKES A REPORT OF ALLE-
GATIONS OF CHILD ABUSE AS REQUIRED BY THIS TITLE, SHALL HAVE IMMUNITY
FROM CIVIL LIABILITY WHICH MIGHT OTHERWISE RESULT BY REASON OF SUCH
ACTIONS.
S 429-Q. REVIEW OF EXISTING RECORDS FOR ALLEGATIONS THAT A CHILD IS AN
ABUSED CHILD; DISTRICT ATTORNEY; PENALTY. 1. WITHIN THREE MONTHS OF THE
EFFECTIVE DATE OF THIS SECTION, ALL MEMBERS OF THE CLERGY SHALL: (A)
REVIEW ALL INSTITUTIONAL RECORDS WITHIN THEIR CONTROL AND ANY OTHER
INFORMATION THEY HAVE OBTAINED REGARDING ALLEGATIONS THAT A CHILD IS AN
ABUSED CHILD BY A MEMBER OF THE CLERGY WITHIN FIFTY YEARS PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION; (B) REVIEW WHETHER THEY ARE AWARE OF ANY
OTHER ALLEGATIONS THAT A CHILD IS AN ABUSED CHILD ALLEGED TO HAVE BEEN
ABUSED BY A MEMBER OF THE CLERGY WHO REMAINS ACTIVELY IN THE SERVICE OF
A RELIGIOUS INSTITUTION, REGARDLESS OF THE DATE ON WHICH SUCH ALLEGATION
WAS MADE; AND WHERE SUCH INFORMATION OR RECORDS RAISE REASONABLE CAUSE
TO SUSPECT THAT A CHILD IS AN ABUSED CHILD, REPORT SUCH ALLEGATION TO
THE DISTRICT ATTORNEY. THIS SECTION SHALL NOT APPLY TO INFORMATION
OBTAINED THROUGH CONFIDENTIAL COMMUNICATIONS WITH CLERGY AND PRIVILEGED
UNDER LAW.
2. ANY INDIVIDUAL, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF
SECTION FOUR HUNDRED TWENTY-NINE-N OF THIS TITLE, REQUIRED BY THIS
SECTION TO REVIEW EXISTING RECORDS AND INFORMATION AND REPORT ALLEGA-
TIONS CONTAINED THEREIN WHO WILLFULLY FAILS TO DO SO SHALL BE GUILTY OF
A CLASS A MISDEMEANOR FOR THE FIRST OFFENSE, A CLASS E FELONY FOR THE
SECOND OFFENSE AND A CLASS D FELONY FOR THE THIRD OFFENSE OR ANY SUBSE-
QUENT OFFENSE.
S 4. This act shall take effect on the sixtieth day after it shall
have become a law.