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

                                  6411

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2011
                               ___________

Introduced  by  M. of A. McENENY, MARKEY, AUBRY, GALEF, SCHIMEL, JAFFEE,
  WEISENBERG -- Multi-Sponsored by -- M. of A.  BRENNAN,  CAMARA,  COOK,
  GABRYSZAK,  GUNTHER,  KELLNER,  MENG, PHEFFER, N. RIVERA, SCARBOROUGH,
  STEVENSON, TOWNS -- read once and referred to the Committee  on  Chil-
  dren 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01824-03-1
              

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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
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) 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) 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 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 facility provid-
er  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)  Social  services workers 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 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  circumstances  which,  if
correct, would render the child an abused or maltreated child.
  (E)  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.
  (F) 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 (E) OF THIS SUBDIVISION, THEN SUCH MEMBER OF THE CLERGY  SHALL

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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 (E) OF THIS SUBDIVISION.
  (G)  THE  PROVISIONS OF PARAGRAPH (E) 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.
  (H) 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.
  (I) 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.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.