Assembly Bill A6662B

2019-2020 Legislative Session

Enacts the child abuse reporting expansion act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-A6662 - Details

See Senate Version of this Bill:
S5711
Current Committee:
Senate Rules
Law Section:
Social Services Law
Laws Affected:
Amd §413, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2021-2022: A888, S1399
2023-2024: A1581, S3158

2019-A6662 - Summary

Enacts the child abuse reporting expansion act; relates to making clergy members required reporters of child abuse or mistreatment.

2019-A6662 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6662
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Children and Families
 
 AN ACT to amend the civil practice law and rules and the social services
   law, in relation to the "child abuse reporting expansion (CARE) act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as the "child
 abuse reporting expansion (CARE) act".
   § 2. Section 4505 of the civil practice law and rules, as  amended  by
 chapter 520 of the laws of 1965, is amended to read as follows:
   §  4505.  Confidential  communication to clergy privileged. Unless the
 person confessing or confiding waives the privilege, a [clergyman] CLER-
 GY MEMBER, or other minister of any religion or duly  accredited  Chris-
 tian Science practitioner, shall not be allowed TO disclose a confession
 or  confidence made to him OR HER in his OR HER professional [character]
 CAPACITY as spiritual advisor, EXCEPT WHEN THE CONFESSION OR  CONFIDENCE
 RELATES  TO  A  MATTER  INVOLVING ABUSE OR MALTREATMENT OF A MINOR. SUCH
 PRIVILEGE SHALL NOT BE GROUNDS FOR FAILURE TO REPORT A CASE OF SUSPECTED
 CHILD ABUSE OR MALTREATMENT, AS REQUIRED BY SECTION FOUR  HUNDRED  THIR-
 TEEN  OF THE SOCIAL SERVICES LAW, AND SHALL NOT BE GROUNDS FOR EXCLUDING
 EVIDENCE OF CHILD ABUSE OR MALTREATMENT FROM ANY EXAMINATION, TRIAL,  OR
 OTHER  JUDICIAL  PROCEEDING  IN  WHICH  THE  COMMISSION OF SUCH ABUSE OR
 MALTREATMENT IS A SUBJECT OF INQUIRY.
   § 3. Paragraph (a) of subdivision 1  of  section  413  of  the  social
 services  law,  as  amended  by section 7 of part C of chapter 57 of the
 laws of 2018, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-A6662A - Details

See Senate Version of this Bill:
S5711
Current Committee:
Senate Rules
Law Section:
Social Services Law
Laws Affected:
Amd §413, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2021-2022: A888, S1399
2023-2024: A1581, S3158

2019-A6662A - Summary

Enacts the child abuse reporting expansion act; relates to making clergy members required reporters of child abuse or mistreatment.

2019-A6662A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6662--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by  M. of A. WALLACE, SIMOTAS, D'URSO, BURKE, SIMON, STIRPE,
   BUTTENSCHON -- read once and referred to the Committee on Children and
   Families -- recommitted to the Committee on Children and  Families  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the social services law, in relation to establishing the
   "child abuse reporting expansion act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may  be  cited  as  the  "child
 abuse reporting expansion act".
   §  2.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
 services law, as amended by section 7 of part C of  chapter  57  of  the
 laws of 2018, 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
 professional 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
 assistant; surgeon; medical examiner; coroner; dentist;  dental  hygien-
 ist; 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;
 licensed  behavior analyst; certified behavior analyst assistant; hospi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-A6662B (ACTIVE) - Details

See Senate Version of this Bill:
S5711
Current Committee:
Senate Rules
Law Section:
Social Services Law
Laws Affected:
Amd §413, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2021-2022: A888, S1399
2023-2024: A1581, S3158

2019-A6662B (ACTIVE) - Summary

Enacts the child abuse reporting expansion act; relates to making clergy members required reporters of child abuse or mistreatment.

2019-A6662B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6662--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by  M. of A. WALLACE, SIMOTAS, D'URSO, BURKE, SIMON, STIRPE,
   BUTTENSCHON, JAFFEE -- read once and  referred  to  the  Committee  on
   Children  and Families -- recommitted to the Committee on Children and
   Families in accordance with Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee -- reported and referred to the Committee on Codes
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN ACT to amend the social services law, in relation to establishing the
   "child abuse reporting expansion act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may  be  cited  as  the  "child
 abuse reporting expansion act".
   §  2.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
 services law, as amended by section 7 of part C of  chapter  57  of  the
 laws of 2018, 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
 professional 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
 assistant; surgeon; medical examiner; coroner; dentist;  dental  hygien-
 ist; osteopath; optometrist; chiropractor; podiatrist; resident; intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian;  licensed  creative  arts  therapist; licensed marriage and family
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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