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.