S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3489
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 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 separately
 amended by chapters 126 and 205 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,
 school guidance counselor, school psychologist,  school  social  worker,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07939-01-7

 A. 3489                             2
 
 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
 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.
   (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. 3489                             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.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.