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; any person required to report or any clergy required to review records 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; provides immunity for certain persons who in good faith made such reports to the wrong recipient.

---

S824-2013 Actions

• Jan 9, 2013: REFERRED TO CHILDREN AND FAMILIES

S824-2013 Memo

BILL NUMBER:S824

TITLE OF BILL:
An act
to amend the social services law, in relation to the reporting
of child abuse

PURPOSE:
To include "members of clergy" to the list of persons and officials
required to report or cause a report to be made when they have
reasonable cause to suspect 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. fact, conditions or circumstances which, if correct, would
render the child an abused or maltreated child.

SUMMARY OF PROVISIONS:
Section One amends Paragraph (a) of subdivision 1 of section 413 of
the social services law to add "member of the clergy" to the list of
persons and officials required to report or cause a report to be made
when they have reasonable cause to suspect 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 ~here 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 fact, conditions or circumstances which, if
correct, would render the child an abused or maltreated child.

Section Two amends Article 6 of the Social Services Law by adding a
new title 6-B - requires any physician, registered physician
assistant, surgeon, medical examiner, coroner, dentist, dental
hygienist, osteopath, optometrist, chiropractor, podiatrist, resident
intern, psychologist, registered nurse, emergency medical technician,
hospital personnel engaged in admission, examination, care or
treatment of persons, member of clergy, a Christian Science
practitioner, school official, social services worker, day care center
worker, provider of group or family day care, employee or volunteer
in a residential facility 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 any other law enforcement official
must report to appropriate law enforcement officials when they have
reasonable cause to suspect in their professional or official
capacity that a child is an abused child.

"Abused Child" is defined a child under the age of eighteen years upon
whom a person eighteen of age or more who is not the parent of other
person legally responsible for such child's care:

o Intentionally or recklessly inflicts physical, serious injury or
death or


o Intentionally or recklessly engages in conduct which
creates a substantial risk of such physical injury, serious physical
injury or death, or
o Commits or attempts to commit against a child
the crime of disseminating indecent materials to minors
o Engagers in conduct prohibited under article one hundred
thirty or two hundred sixty-three of the penal law.

"Law Enforcement" is defined as a municipal police department,
sheriff's department, the division of the state police or any officer
thereof or a district attorney or assistant district attorney. It
shall not include any child protective service or any service for the
society for the prevention of cruelty to children.

"Members of Clergy" shall have the same definition as "clergyman" as
set forth in the religious corporations law and shall include and
person responsible for supervising a member of the clergy of a
religious institution or responsible for the administration of a
religious institution.

"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.

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 if confession was made to him or her in their professional
character as spiritual advisor.

However, if the clergy member has reasonable belief of abuse
allegations outside the scope of the confessional, they are required
to report the abuse to the proper law enforcement officials.

Nothing contained therein will exempt a clergy member from other
requirements of law to prevent perpetrator from committing other acts
of abuse.

Penalties for failure to report is 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. Further any person required to report and
fails to do so will be civilly liable for damages proximately cause
by such failure to report.

A person who in good faith makes a report of allegations as required
by this title including a report to the wrong recipient shall have
immunity from civil liability.

Within three months of the effective date of this section, all members
of the clergy shall:


1) Review all institutional records within their control and any other
information they have obtained regarding clergy abuse of children
within 50 years prior to the effective date of this section.

2) Review to see if an perpetrators are still in active service and
report the abuse, regardless of time it was made to the District
Attorney.

This does not apply to confessions.

Penalties for failure to report is 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.

EXISTING LAW:
New bill.

JUSTIFICATION:
Recent event have proven that there is a need for members of clergy to
report suspected and documented child abuse to authorities. There are
numerous examples of childhood abuse, going on for decades, which was
not reported. It is common sense to mandate clergy to report abuse.

LEGISLATIVE HISTORY:
2011-12: S.1308A - Died in Children & Families
Similar Bills:
2003-04: S.2818 Died in Senate Children & Families
2004-05: S.3967 Died in Senate Children & Families
2006:    S.3967 Died in Senate Social Services,
         Children & Families Committee
2007:    S.1804 Died in Senate Social
         Services, Children & Families Committee
2008:    S.1804 Died in Senate Social
         Services, Children & Families Committee
2009:    S.1793 Died in Senate Codes Committee
2010:    S.1793 Died in Senate Codes Committee

FISCAL IMPLICATIONS:
Minimal.

LOCAL FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

S824-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     824

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  PARKER -- 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 91 of the laws of 2011, 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;

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02908-01-3

 S. 824                              2

  social  services worker; 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 volunteer 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  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. 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. PERSONS   AND  OFFICIALS  REQUIRED  TO  REPORT  CASES  OF
                   SUSPECTED CHILD ABUSE TO  APPROPRIATE  LAW  ENFORCEMENT
                   AGENCY.
          429-B. PENALTIES FOR FAILURE TO REPORT.
          429-C. IMMUNITY FROM LIABILITY.
          429-D. REVIEW  OF  EXISTING RECORDS FOR ALLEGATIONS THAT A CHILD
                   IS AN ABUSED CHILD; DISTRICT ATTORNEY; PENALTY.
    S 429-A. 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  AN  INDICATED
  REPORT AS DEFINED IN SUBDIVISION SEVEN OF SECTION FOUR HUNDRED TWELVE OF
  THIS  ARTICLE  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; OPTOMETRIST; CHIROPRACTOR;  PODIATRIST;  RESIDENT;
  INTERN;  PSYCHOLOGIST;  REGISTERED  NURSE; EMERGENCY MEDICAL TECHNICIAN;
  HOSPITAL PERSONNEL ENGAGED IN THE ADMISSION, EXAMINATION, CARE OR TREAT-
  MENT OF PERSONS; MEMBER OF THE CLERGY; A CHRISTIAN SCIENCE PRACTITIONER;
  SCHOOL OFFICIAL; SOCIAL SERVICES WORKER; DAY CARE CENTER WORKER; PROVID-
  ER OF FAMILY OR GROUP FAMILY DAY CARE; EMPLOYEE OR VOLUNTEER IN A  RESI-
  DENTIAL  CARE  FACILITY  OR  ANY OTHER CHILD CARE OR FOSTER CARE WORKER;
  MENTAL HEALTH PROFESSIONAL; SUBSTANCE ABUSE COUNSELOR; ALCOHOLISM  COUN-
  SELOR;  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

 S. 824                              3

    (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.
    (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-B. 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-C. 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.

 S. 824                              4

    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-D. 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-A  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 3. This act shall take effect on the sixtieth  day  after  it  shall
  have become  a law.