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

                                   489

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred 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, paragraph (a) as amended by
chapter 126 of the laws of 2014 and paragraph (c) as amended by  section
3  of  part  D of chapter 501 of the laws of 2012, 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;
licensed  behavior analyst; certified behavior analyst assistant; hospi-
tal personnel engaged in the admission, examination, care  or  treatment
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.
              

                                                           LBD00464-01-5

A. 489                              2

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;  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 for chil-
dren that is licensed, certified or operated by the office  of  children
and  family  services;  or  any  other child care or foster care worker;
mental health professional; substance abuse counselor; alcoholism  coun-
selor;  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.
  (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.

A. 489                              3

  (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
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.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as separately amended by chapters 126 and 205 of the  laws
of 2014, 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;
licensed behavior analyst; certified behavior analyst assistant;  hospi-
tal  personnel  engaged in the admission, examination, care or treatment
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; full or part-
time compensated school employee required to hold a  temporary  coaching
license  or  professional  coaching certificate; 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  for  children that is

A. 489                              4

licensed, certified or operated by the office  of  children  and  family
services;  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 3. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a law; provided, however, that the amendments to paragraph
(a) of subdivision 1 of section 413 of the social services law  made  by
section  two  of  this act shall take effect on the same date and in the
same manner as section 1 of chapter  205  of  the  laws  of  2014  takes
effect.