S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2824
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by Sens. SERINO, AKSHAR, GALLIVAN, HELMING -- 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.  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.
              

                                                            LBD07289-01-1

 S. 2824                             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 ADDICTION SERVICES AND SUPPORTS; EMPLOYEES, WHO
 ARE EXPECTED TO HAVE REGULAR AND SUBSTANTIAL CONTACT WITH CHILDREN, OF A

 S. 2824                             3
 
 HEALTH HOME OR HEALTH HOME CARE MANAGEMENT  AGENCY  CONTRACTING  WITH  A
 HEALTH  HOME  AS  DESIGNATED  BY THE DEPARTMENT OF HEALTH AND AUTHORIZED
 UNDER SECTION THREE HUNDRED SIXTY-FIVE-L OF THIS CHAPTER OR SUCH EMPLOY-
 EES  WHO PROVIDE HOME AND COMMUNITY BASED SERVICES UNDER A DEMONSTRATION
 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 EIGH-
 TEEN YEARS OF AGE OR OLDER, THROUGH HIS OR HER AFFILIATION, OR IN HIS OR
 HER OFFICIAL, PROFESSIONAL, OR  SUPERVISORY  CAPACITY,  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.  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.
   §  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.