BILL NUMBER:  S1793

 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-1(a) -- Amends Subdivision 1 of section 413 of the Social
Services law, as amended by chapter 432 of the laws of 2001, by adding
"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 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.

1(b) -- States that when a member of the clergy has reasonable cause
to suspect that a child is an abused or maltreated child based upon
information received, then such a member of the clergy shall promptly
make a report.

1(c) -- Defines "member of the clergy" to have the same definition as
the term "clergyman" as set forth in section two of the religious
corporation 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.

1(d) -- Defines "religious institution" as an institution 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.

Section Two-1(a) Amends Subdivision 1, of section 413 of the social
services law, as amended by Chapter 420 of the laws of 2002, by adding
"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 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.

1(b) -- States that when a member of the clergy has reasonable cause
to suspect that a child is an abused or maltreated child based upon
information received, then such a member of the clergy shall promptly
make a report.

1(c) -- Defines "member of the clergy" to have the same definition as
the term "clergyman" as set forth in section two of the religious
corporation 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.

1(d) -- Defines "religious institution" as an institution 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.

Section Three amends Subdivision 1 of section 413 of the Social
Services law, as amended by chapter 676 of the laws of 2002, by adding
"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 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.

1(b) -- States that when a member of the clergy has reasonable cause
to suspect that a child is an abused or maltreated child based upon
information received, then such a member of the clergy shall promptly
make a report.

1(c) -- Defines "member of the clergy" to have the same definition as
the term "clergyman" as set forth in section two of the religious
corporation 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.

1(d) -- Defines "religious institution" as an institution 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.
Section Four amends subdivision 1 of section 413 of the social
services law, as separately amended by chapters 420 and 676 of the
laws of 2002, amends Subdivision 1 of section 43 of the Social
Services law, as amended by chapter 676 of the laws of 2002, by adding
"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 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.

1(b) -- States that when a member of the clergy has reasonable cause
to suspect that a child is an abused or maltreated child based upon
information received, then such a member of the clergy shall promptly
make a report.

1(c) -- Defines "member of the clergy" to have the same definition as
the term "clergyman" as set forth in section two of the religious
corporation 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.

1(d) -- Defines "religious institution" as an institution 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.
Section Five amends Article 6 of the Social Services law as amended by
adding a new title 6-B "Reports of Child Abuse to Law Enforcement" §
429-n -- (a) Lists the persons and officials required to report cases
of suspected child abuse to appropriate law enforcement agency as: 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 treatment of persons; member of
clergy; a Christian Science practitioner; school official; social
service worker; day care center worker; provider of family or group
family day care; employee or volunteer in a residential care facility;
mental health professional; substance abuse counselor; alcoholism
counselor; peace officer; police officer; district attorney; or other
law enforcement official. (b) Defines "abused child" as a child under
the age of 18 years whom a person eighteen years of age or more 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 (ii)intentionally or recklessly
engages in conduct 'which creates a substantial risk of such personal
injury, serious physical injury or death (iii)commits or attempts to
commit against a child the crime of disseminating indecent materials
to minors (iv)engages in any conduct prohibited by Section 130 (sex
offenses) or Section 263 (sexual performance by a child) of the penal
law. (c) Defines "law enforcement agencies" as a municipal police
department, sheriffs department, the state police, district attorney
and assistant district attorney -- but will not include any child
protective service or any society for the prevention of cruelty to
children. (d) Defines "member of the clergy" to have the same
definition as the term "clergyman" as set forth in section two of the
religious corporation 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. (e) Defines "religious institution" as an institution
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) Clarifies that 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 if the confession or
confidence was made to him or her in his or her professional capacity
a spiritual advisor. (b) States that when a member of the clergy has
reasonable cause to suspect that a child is an abused child based upon
information received other than through a confession or confidence
that such member of the clergy shall promptly make a report
notwithstanding the fact that he or she may have also received a
report through a confession or confidence. (c) Clarifies that the fact
that confession and other confidences are waived does not exclude a
member of the clergy from any other requirement to prevent the
perpetrator from committing further acts of abuse. 3. States that
nothing in this act 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.

§ 429-o -- (1) States that any person required by this Act to report a
case of suspected child abuse who willfully fails to do so shall be
guilty of: First offense: Class A misdemeanor Second offense: Class E
felony Third offense: Class D felony (2) Any person required by this
Act who fails to report a case of suspected child abuse and who
knowingly and willingly fails to do so shall also be civilly liable
for damages proximately caused by such a failure. § 429-p States that
any person who is required to report under this act makes a good faith
report of allegations of child abuse, but makes the report to the
wrong recipient, shall be immune from criminal and civil liability. §
429-q States that within three months of the effective date of this
act, all members of the clergy shall: (a) review all 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 50 years prior to the effective date of this section. (b)
review whether they are aware of any other allegation 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 such allegation was made; and where such
information or records raise reasonable cause to suspect that a child
is an abused child. In the event such records produce credible
evidence of child abuse, it must be reported to the relevant district
attorney. (2) Willful failure to report shall result in: First
offense: Class A misdemeanor Second offense: Class E felony Third
offense: Class D felony.

 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 :
2003-2004: S.2818 died in Senate Children & Families Committee

2004-2005: S.3967 died in Senate Children & Families 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; provided however, that in the event section 8 of chapter
420 of the laws of 2002 takes effect before section II of chapter 676
of the laws of 2002, section two of this act shall take effect on the
same date as section 8 of chapter 420 of the laws of 2002 takes
effect, where upon such date sections one and three of this act shall
expire and be deemed repealed, and provided further, that in the event
section II of chapter 676 of the laws of 2002 takes effect before
section 8 of chapter 420 of the laws of2002, then section three of
this act shall take effect on the same date as section 11 of chapter
676 of the laws of 2002 take effect, when upon such date sections one
and two of this act shall expire and be deemed repealed, and provided;
further that section four of this act shall take effect on the same
date as section 8 of chapter 420 or section 11 of chapter 676 of the
laws of 2002, takes effect, whichever date is later, where upon such
date sections one, two and three of this act shall expire and be
deemed repealed.