S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4994
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section  1.  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-A. DEFINITIONS.
         429-B.  PERSONS  AND  OFFICIALS  REQUIRED  TO  REPORT  CASES  OF
                   SUSPECTED CHILD ABUSE TO APPROPRIATE LAW ENFORCEMENT.
         429-C. PENALTIES FOR FAILURE TO REPORT.
         429-D. IMMUNITY FROM LIABILITY.
   § 429-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE THE TERM :
   1.  "ABUSED  CHILD" SHALL MEAN A CHILD UNDER THE AGE OF EIGHTEEN YEARS
 UPON WHOM A PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO IS NOT THE  PARENT
 OR OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH CHILD'S CARE:
   (A)  INTENTIONALLY  OR  RECKLESSLY  INFLICTS  PHYSICAL INJURY, SERIOUS
 PHYSICAL INJURY OR DEATH, OR
   (B) INTENTIONALLY OR RECKLESSLY ENGAGES IN  CONDUCT  WHICH  CREATES  A
 SUBSTANTIAL  RISK  OF PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH,
 OR
   (C) COMMITS OR ATTEMPTS TO COMMIT AGAINST A CHILD THE CRIME OF DISSEM-
 INATING INDECENT MATERIALS TO MINORS PURSUANT  TO  ARTICLE  TWO  HUNDRED
 THIRTY-FIVE OF THE PENAL LAW, OR
   (D) ENGAGES IN ANY CONDUCT PROHIBITED BY ARTICLE ONE HUNDRED THIRTY OR
 TWO HUNDRED SIXTY-THREE OF THE PENAL LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06726-01-9
              

 A. 4994                             2
 
   2. "LAW ENFORCEMENT AUTHORITIES" SHALL MEAN A MUNICIPAL POLICE DEPART-
 MENT,  SHERIFF'S DEPARTMENT, THE DIVISION OF STATE POLICE OR ANY OFFICER
 THEREOF OR A DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTORNEY.  NOTWITH-
 STANDING  ANY  OTHER PROVISION OF LAW, LAW ENFORCEMENT AUTHORITIES SHALL
 NOT  INCLUDE  ANY  CHILD  PROTECTIVE  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;
   3.  "ORGANIZATION"  SHALL  MEAN A SOLE PROPRIETOR, PARTNERSHIP, CORPO-
 RATION, LIMITED LIABILITY COMPANY, TRUST, ASSOCIATION, FINANCIAL  INSTI-
 TUTION,  GOVERNMENTAL  ENTITY OTHER THAN THE FEDERAL GOVERNMENT, AND ANY
 OTHER INDIVIDUAL OR GROUP ENGAGED IN A  TRADE,  OCCUPATION,  ENTERPRISE,
 GOVERNMENTAL  FUNCTION, CHARITABLE FUNCTION, OR SIMILAR ACTIVITY IN THIS
 STATE WHETHER OR NOT THE ENTITY IS OPERATED AS A NONPROFIT OR FOR-PROFIT
 ENTITY;
   4. "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 INSTITUTION;
   5. "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 RELI-
 GIOUS OBSERVANCES, WITHOUT HAVING BEEN INCORPORATED FOR THAT PURPOSE, AS
 PROVIDED IN SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW.
   § 429-B. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES  OF  SUSPECTED
 CHILD ABUSE TO APPROPRIATE LAW ENFORCEMENT. 1. 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;  SURGEON;
 MEDICAL EXAMINER; CORONER; DENTIST; DENTAL HYGIENIST; OSTEOPATH; OPTOME-
 TRIST;  CHIROPRACTOR; PODIATRIST; RESIDENT; INTERN; PSYCHOLOGIST; REGIS-
 TERED NURSE; SOCIAL WORKER; EMERGENCY MEDICAL TECHNICIAN; LICENSED CREA-
 TIVE ARTS THERAPIST; LICENSED MARRIAGE AND  FAMILY  THERAPIST;  LICENSED
 MENTAL  HEALTH  COUNSELOR;  LICENSED  PSYCHOANALYST;  LICENSED  BEHAVIOR
 ANALYST;  CERTIFIED  BEHAVIOR  ANALYST  ASSISTANT;  HOSPITAL   PERSONNEL
 ENGAGED  IN  THE ADMISSION, EXAMINATION, CARE OR TREATMENT OF PERSONS; A
 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 TEACH-
 ING OR ADMINISTRATIVE LICENSE OR CERTIFICATE; FULL OR PART-TIME  COMPEN-
 SATED  SCHOOL  EMPLOYEE REQUIRED TO HOLD A TEMPORARY COACHING LICENSE OR
 PROFESSIONAL COACHING CERTIFICATE; SOCIAL SERVICES WORKER; EMPLOYEE OF A
 PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH  CHILDREN;  DIRECTOR
 OF  A CHILDREN'S OVERNIGHT CAMP, SUMMER DAY CAMP OR TRAVELING SUMMER DAY
 CAMP, AS SUCH CAMPS ARE DEFINED IN SECTION THIRTEEN  HUNDRED  NINETY-TWO
 OF  THE PUBLIC HEALTH LAW; 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  FOR CHILDREN THAT IS LICENSED,
 CERTIFIED OR OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES;  OR
 ANY  OTHER CHILD CARE OR FOSTER CARE WORKER; MENTAL HEALTH PROFESSIONAL;
 SUBSTANCE ABUSE COUNSELOR; ALCOHOLISM  COUNSELOR;  ALL  PERSONS  CREDEN-
 TIALED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES; EMPLOY-
 EES, WHO ARE EXPECTED TO HAVE REGULAR AND SUBSTANTIAL CONTACT WITH CHIL-

 A. 4994                             3
 
 DREN, OF A HEALTH HOME OR HEALTH HOME CARE MANAGEMENT AGENCY CONTRACTING
 WITH A HEALTH HOME AS DESIGNATED BY THE DEPARTMENT OF HEALTH AND AUTHOR-
 IZED  UNDER  SECTION  THREE HUNDRED SIXTY-FIVE-L OF THIS CHAPTER OR SUCH
 EMPLOYEES  WHO  PROVIDE HOME AND COMMUNITY BASED SERVICES UNDER A DEMON-
 STRATION PROGRAM PURSUANT TO  SECTION  ELEVEN  HUNDRED  FIFTEEN  OF  THE
 FEDERAL  SOCIAL  SECURITY  ACT  WHO  ARE  EXPECTED  TO  HAVE REGULAR AND
 SUBSTANTIAL  CONTACT  WITH  CHILDREN;  PEACE  OFFICER;  POLICE  OFFICER;
 DISTRICT  ATTORNEY OR ASSISTANT DISTRICT ATTORNEY; INVESTIGATOR EMPLOYED
 IN THE OFFICE OF A DISTRICT ATTORNEY; OTHER LAW ENFORCEMENT OFFICIAL; OR
 ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER, THROUGH  HIS  OR  HER  AFFIL-
 IATION,  OR IN HIS OR HER OFFICIAL, PROFESSIONAL, OR SUPERVISORY CAPACI-
 TY, EITHER PAID OR UNPAID, WITH AN ORGANIZATION THAT PROVIDES  SERVICES,
 PROGRAMMING OR SUPERVISION TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE.
   2. REPORTS OF SUSPECTED CHILD ABUSE SHALL BE MADE IMMEDIATELY BY TELE-
 PHONE  OR  BY TELEPHONE FACSIMILE ON A FORM SUPPLIED BY THE COMMISSIONER
 OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  TO  AN  APPROPRIATE  LAW
 ENFORCEMENT AGENCY. SUCH TELEPHONE REPORTS SHALL BE FOLLOWED BY A REPORT
 IN  WRITING  WITHIN  TWENTY-FOUR  HOURS  AFTER  SUCH  ORAL  REPORT.  THE
 PROVISIONS OF ARTICLE TWENTY-THREE-B OF THE EDUCATION  LAW  SHALL  APPLY
 WHEN  ALLEGATIONS  OF  ABUSE OR MALTREATMENT BY AN EMPLOYEE OR VOLUNTEER
 UNDER SUCH ARTICLE ARE MADE IN AN EDUCATIONAL SETTING. NOTHING  IN  THIS
 SUBDIVISION  SHALL REQUIRE A PERSON OR OFFICIAL REQUIRED TO REPORT CASES
 OF SUSPECTED CHILD ABUSE TO ADDITIONALLY NOTIFY THE  STATEWIDE  REGISTER
 OF CHILD ABUSE AND MALTREATMENT UNLESS THE RELATIONSHIP OF THE VICTIM TO
 THE ALLEGED PERPETRATOR IS IN DOUBT. NOTWITHSTANDING ANY OTHER PROVISION
 OF  LAW,  LAW  ENFORCEMENT AGENCY SHALL NOT INCLUDE ANY CHILD PROTECTIVE
 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.
   3. UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE  PRIVILEGE,  A
 MEMBER  OF THE CLERGY, OR OTHER MINISTER OF ANY RELIGION OR DULY ACCRED-
 ITED CHRISTIAN SCIENCE PRACTITIONER, SHALL NOT BE  REQUIRED  TO  MAKE  A
 REPORT  AS REQUIRED BY SUBDIVISION TWO OF THIS SECTION IF THE CONFESSION
 OR CONFIDENCE WAS MADE TO HIM OR HER IN HIS OR HER PROFESSIONAL  CHARAC-
 TER AS SPIRITUAL ADVISOR.
   4.  WHEN  A  MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT
 CONDUCT DESCRIBED UNDER THIS SECTION HAS OCCURRED BASED UPON ANY  INFOR-
 MATION  RECEIVED  OTHER  THAN  THROUGH  A  CONFESSION OR CONFIDENCE MADE
 PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THEN SUCH MEMBER  OF  THE
 CLERGY  SHALL  PROMPTLY  MAKE A REPORT AS REQUIRED BY SUBDIVISION TWO OF
 THIS SECTION NOTWITHSTANDING THE FACT THAT  HE  OR  SHE  MAY  HAVE  ALSO
 RECEIVED  A  REPORT  OF  ABUSE  OR  MALTREATMENT THROUGH A CONFESSION OR
 CONFIDENCE MADE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   5. THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION  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.
   6. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF  SUSPECTED  CHILD
 ABUSE TO APPROPRIATE LAW ENFORCEMENT AGENCIES ARE REQUIRED TO COMPLETE A
 TRAINING  PROGRAM  IN  THE  IDENTIFICATION AND REPORTING OF CHILD ABUSE.
 SUCH PROGRAM SHALL BE APPROVED BY THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES.  THE  COMMISSIONER  SHALL  PROVIDE PUBLIC NOTICE THAT MANDATED
 REPORTING TRAINING MATERIALS AND INFORMATION HAVE BEEN UPDATED AND SHALL
 PRESCRIBE A PERIOD OF  COMPLIANCE  FOR  MANDATED  REPORTERS  TO  RECEIVE
 UPDATED  TRAINING  INFORMATION,  INCLUDING  BUT NOT LIMITED TO, TRAINING
 DISTRIBUTED BY THE OFFICE ON ITS PUBLIC WEBSITE.

 A. 4994                             4
 
   § 429-C. 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.
   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.
   §  429-D.  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.
   § 2. This act shall take effect one year after it shall have become  a
 law.