NY State Senate Bill 2009-S2691

Archive: Last Bill Status - In Senate Committee Children And Families 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to children and families
Feb 26, 2009	referred to children and families

2009-S2691 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §413, add Art 6 Title 6-B §§429-a - 429-d, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:: S5119

2009-S2691 (ACTIVE) - Summary

Enacts provisions relating to the reporting of child abuse; requires members of the clergy to report suspected allegations of child abuse or maltreatment to an appropriate law enforcement agency; requires members of the clergy to review past institutional records and report suspected allegations of child abuse by clergy to the district attorney.

2009-S2691 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2691

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


 PURPOSE :
The purpose of the bill is to add clergy to the list of mandated
reporters required to report suspected cases of child abuse or
maltreatment. Additionally, the bill adds a new definition of abused
child, to include children who have allegedly been criminally abused
by a person who holds or is perceived to hold a position of authority.
These allegations shall be reported to law enforcement for
investigation. The bill also requires members of the clergy to review
past institutional records and report suspected allegations of child
abuse by clergy to the District Attorney.

 SUMMARY OF PROVISIONS :
Sections 1 amends subdivision 1 of section 413 of the Social Services
Law as follows:

(a) adds members of the clergy to the list of mandated reporters
required to report suspected cases of child abuse to the Child Abuse
Hotline;

(b) provides that unless the person confessing or confiding waives the
privilege, a member of the clergy is not required to make a report of
suspected child abuse if such information was learned in his or her
professional capacity as a spiritual advisor;

(c) provides that a member of the clergy must report suspected cases
of child abuse if the information was received through means other
than confidence or confession regardless of whether the information
was also received through a confidence or confession;

(d) provides that members of the clergy shall not be exempt from any
other requirements of law to prevent the perpetrator from committing
additional acts of abuse;

(e) provides that the term "member of the clergy" shall have the same
meaning as the term "clergyman" in section 2 of the Religious
Corporations Law and shall include any person responsible for the
administration of a religious institution;

(f) provides that the term "religious institution" shall have the same
definition as the term in section 2 of the Religious Corporations Law.

Section 2 amends Article 6 of the Social Services Law by adding a new
Article 6-B to expand the mandated reporting of allegations of abuse
against children;

Section 429 (a) of Article 6-B requires persons and officials required
to report cases of suspected child abuse to the appropriate law
enforcement agency when the age difference between the child victim
and alleged abuser meets certain criteria or the form of abuse
contains specific enumerated factors. Additionally, the bill
enumerates elements of abuse to be reported to law enforcement when a
child is abused by an adult who supervises or has a position of
authority, or is perceived by such child to hold authority.

Paragraph (b) sets forth enumerated conduct defined as child abuse
under this Article;

Paragraphs (c), (d), and (e) provide definitions of "law enforcement
authority" "member of the clergy" and "religious institution";
Subdivision 2 provides the procedure to be followed when a report to
law enforcement is required;

Subdivision 3 clarifies that a clergy member is not required to make a
report of suspected child abuse if the information was received in
confession or in a professional capacity as a spiritual advisor unless
the person confessing or confiding waives the privilege;

Paragraph (b) provides that a member of the clergy must report
suspected cases of child abuse if the information was received through
means other than confidence or confession regardless of whether the
information was also received in confidence or confession;

Paragraph (c) provides that members of the clergy shall not be
exempted from any other requirements of law to prevent the perpetrator
from committing additional acts of abuse;

Section 429-b provides that failure to report under Title 6-B shall be
a class A misdemeanor;

Section 429-c provides that persons who make allegations in good faith
shall have immunity from civil and criminal liability;

Section 429-d directs that within 3 months of the effective date of
this section, clergy must review all records within their control or
any other information they may have regarding allegations of child
abuse by members of the clergy within the last twenty years and report
such allegations to the District Attorney. Additionally, any
allegation of child abuse by a member of the clergy who is still in
the service of a religious institution, regardless of the date it was
made, must be reported to the District Attorney; the willful failure
to review records and report allegations shall he a class A
misdemeanor.

Section 3 directs the Commissioner of the Office of Children and
Family Services to revise the current form used to report suspected
child abuse or maltreatment. Pursuant to section 429-a and to make it
appropriate for reporting to law enforcement agencies.

Section 4 provides that this act shall take effect 60 days after
becoming law.

 EXISTING LAW :
Mandated reporters are required to report suspected child abuse or
maltreatment when, in their official or professional role, they are
presented with a reasonable cause to suspect child abuse or
maltreatment. Clergy are not mandated reporters.

 JUSTIFICATION :
Although the majority of members of the clergy have the highest moral
standards and are as appalled by reports of child abuse within
religious settings as are the rest of the public, the current focus on
revelations of child abuse by members of the clergy has revealed that
many abuse allegations were not reported to law enforcement. This has
raised concerns that child abuse by other persons in positions of
authority have also gone unreported. It is vitally important that
children who are physically or sexually abused have the protection of
the full force of the law. Parents need to be assured that persons in
positions of authority who exploit their children will be prosecuted.

 LEGISLATIVE HISTORY :

2003-2004 - S.2947B: Passed Senate
2005 - S.477: Passed Senate

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect 60 days after becoming law.

2009-S2691 (ACTIVE) - Bill Text download pdf

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

                                  2691

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced  by  Sen.  SALAND -- 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.   Subdivision 1 of section 413 of the social services law,
as amended by chapter 366 of the laws of 2008 and paragraph (a) as sepa-
rately amended by chapter 323 of the laws of 2008, is amended to read as
follows:
  1. (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; 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  teaching  or  administrative  license  or  certificate;  social

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00411-02-9

S. 2691                             2

services worker; 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;  alcohol-
ism  counselor; all persons credentialed by the office of alcoholism and
substance abuse services; peace officer; police officer; district attor-
ney or assistant district attorney; investigator employed in the  office
of a district attorney; or other law enforcement official.
  (b)  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  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IF  THE
CONFESSION  OR  CONFIDENCE  WAS MADE TO HIM OR HER IN HIS OR HER PROFES-
SIONAL CHARACTER AS SPIRITUAL ADVISOR.
  (C) WHEN A MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT A
CHILD IS AN ABUSED  OR  MALTREATED  CHILD  BASED  UPON  ANY  INFORMATION
RECEIVED  OTHER THAN THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION, THEN SUCH MEMBER OF THE CLERGY  SHALL
PROMPTLY  MAKE A REPORT AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION
NOTWITHSTANDING THE FACT THAT HE OR SHE MAY HAVE ALSO RECEIVED A  REPORT
OF  ABUSE OR MALTREATMENT THROUGH A CONFESSION OR CONFIDENCE MADE PURSU-
ANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  (D) THE PROVISIONS OF PARAGRAPH (B) 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.
  (E) FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "MEMBER OF THE CLER-
GY" 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 RELI-
GIOUS INSTITUTION OR RESPONSIBLE FOR THE ADMINISTRATION OF  A  RELIGIOUS
INSTITUTION.
  (F)  FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "RELIGIOUS INSTITU-
TION" SHALL MEAN A RELIGIOUS CORPORATION CREATED TO ENABLE  ITS  MEMBERS
TO  MEET  FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES OR A CONGRE-
GATION, 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.
  (G) Whenever such person is required to report under this title in his
or her capacity as a member of the staff of a medical or other public or
private  institution,  school,  facility or agency, he or she shall make
the report as required by this title and immediately notify  the  person
in charge of such institution, school, facility or agency, or his or her
designated agent. Such person in charge, or the designated agent of such
person,  shall be responsible for all subsequent administration necessi-
tated by the report. Any  report  shall  include  the  name,  title  and
contact  information  for  every  staff person of the institution who is
believed to have direct knowledge of  the  allegations  in  the  report.
Nothing  in  this  section or title is intended to require more than one
report from any such institution, school or agency.
  [(c)] (H) A medical or other public or  private  institution,  school,
facility  or  agency shall not take any retaliatory personnel action, as
such term is defined in paragraph (e)  of  subdivision  one  of  section
seven  hundred  forty of the labor law, against an employee because such
employee believes that he or she has reasonable cause to suspect that  a

S. 2691                             3

child is an abused or maltreated child and that employee therefore makes
a  report  in  accordance  with  this title. No school, school official,
child care provider, foster care  provider,  residential  care  facility
provider, hospital, medical institution provider or mental health facil-
ity  provider  shall  impose any conditions, including prior approval or
prior notification, upon a member of their staff  specifically  required
to report under this title. At the time of the making of a report, or at
any  time  thereafter, such person or official may exercise the right to
request, pursuant to paragraph (A) of subdivision four of  section  four
hundred  twenty-two of this title, the findings of an investigation made
pursuant to this title or section 45.07 of the mental hygiene law.
  [(d)] (I) Social services workers are required to report  or  cause  a
report  to  be made in accordance with this title when they have reason-
able cause to suspect that a child is  an  abused  or  maltreated  child
where  a  person  comes  before  them  in their professional or official
capacity and states from personal knowledge facts, conditions or circum-
stances which, if correct, would render the child an abused or maltreat-
ed child.
  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) THOSE PERSONS
AND OFFICIALS SET FORTH IN SUBDIVISION ONE OF SECTION FOUR HUNDRED THIR-
TEEN OF THIS ARTICLE SHALL BE 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: (I) A
PERSON BEING NINETEEN YEARS OLD OR MORE HAS ENGAGED IN CONDUCT SET FORTH
IN PARAGRAPH (B) OF THIS SUBDIVISION WITH A PERSON  LESS  THAN  FOURTEEN
YEARS  OLD;  OR  (II)  A  PERSON  BEING TWENTY-ONE YEARS OLD OR MORE HAS
ENGAGED IN CONDUCT SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION WITH A
PERSON LESS THAN SEVENTEEN YEARS OLD AND  THE  PERSON  BEING  TWENTY-ONE
YEARS  OLD  OR  MORE  HAS AUTHORITY, PERCEIVED AUTHORITY, SUPERVISORY OR
DISCIPLINARY POWER OVER THE PERSON LESS  THAN  SEVENTEEN  YEARS  OLD  BY
VIRTUE  OF  HIS  OR  HER  CLERICAL, LEGAL, PROFESSIONAL, OCCUPATIONAL OR
VOCATIONAL STATUS; OR (III) A PERSON HAS ENGAGED IN CONDUCT SET FORTH IN
PARAGRAPH (B) OF THIS SUBDIVISION WITH A PERSON UNDER  TWENTY-ONE  YEARS
OF  AGE  WHO  HAS  A  HANDICAPPING  CONDITION,  AS  DEFINED  IN  SECTION
FORTY-FOUR HUNDRED ONE OF THE EDUCATION LAW AND WHO IS ENTITLED TO RESI-
DENTIAL CARE DUE TO SUCH HANDICAPPING CONDITION.
  (B) THE FOLLOWING CONDUCT, IF COMMITTED BY A PERSON DEFINED  IN  PARA-
GRAPH  (A)  OF THIS SUBDIVISION SHALL, FOR THE PURPOSES OF THIS SECTION,
CONSTITUTE "CHILD ABUSE" AND SHALL REQUIRE A REPORT:
  (I) INTENTIONALLY OR RECKLESSLY INFLICTING  PHYSICAL  INJURY,  SERIOUS
PHYSICAL INJURY OR DEATH, OR

S. 2691                             4

  (II)  INTENTIONALLY  OR RECKLESSLY ENGAGING IN CONDUCT WHICH CREATES A
SUBSTANTIAL RISK OF SUCH PHYSICAL INJURY,  SERIOUS  PHYSICAL  INJURY  OR
DEATH, OR
  (III)  COMMITTING OR ATTEMPTING 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
  (IV)  ENGAGING 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. 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 CHIL-
DREN AS SUCH TERMS ARE DEFINED IN SECTION FOUR HUNDRED  TWENTY-THREE  OF
THIS ARTICLE.
  3. (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

S. 2691                             5

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.
  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.
  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.
  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 TWENTY 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 AND NO REPORT NEED BE MADE OF ALLEGATIONS AGAINST  A  DECEASED
INDIVIDUAL.
  2.    THE WILLFUL FAILURE OF AN INDIVIDUAL DEFINED IN PARAGRAPH (A) OF
SUBDIVISION ONE OF SECTION FOUR HUNDRED TWENTY-NINE-A OF THIS  TITLE  TO
REVIEW EXISTING RECORDS AND INFORMATION AND REPORT ALLEGATIONS CONTAINED
THEREIN, AS PROVIDED BY THIS SECTION, SHALL BE A CLASS A MISDEMEANOR.
  S  3.  The  commissioner of the office of children and family services
shall review the reporting form used to  report  suspected  child  abuse
pursuant  to section 429-a of the social services law and, if necessary,
shall revise such form to make  it  appropriate  for  reporting  to  law
enforcement agencies.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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Sponsored By

Stephen M. Saland

Archive: Last Bill Status - In Senate Committee Children And Families Committee

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2009-S2691 (ACTIVE) - Details

2009-S2691 (ACTIVE) - Summary

2009-S2691 (ACTIVE) - Sponsor Memo

2009-S2691 (ACTIVE) - Bill Text download pdf

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