NY State Senate Bill S2158C

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2018	referred to children and families delivered to assembly passed senate
Jun 11, 2018	amended on third reading 2158c
May 31, 2018	advanced to third reading
May 30, 2018	2nd report cal. amended (t) 2158b
May 22, 2018	1st report cal.1334
Jan 30, 2018	reported and committed to finance
Jan 03, 2018	referred to children and families
May 10, 2017	print number 2158a
May 10, 2017	amend and recommit to finance
Mar 01, 2017	reported and committed to finance
Jan 12, 2017	referred to children and families

Votes

view votes

Jun 19, 2018 - floor Vote

S2158C

floor

Aye

Nay

Absent

Excused

Abstained

May 22, 2018 - Finance committee Vote

S2158A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 30, 2018 - Children and Families committee Vote

S2158A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Jan 30, 2018

aye (4)

nay (1)

Persaud

aye wr (1)

Bonacic

excused (1)

Montgomery

Mar 1, 2017 - Children and Families committee Vote

S2158

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Mar 1, 2017

aye (4)

nay (2)

aye wr (1)

Bonacic

Bill Amendments

Original

C (Active)

Original

C (Active)

Co-Sponsors

S2158 - Details

See Assembly Version of this Bill:: A11161
Current Committee:: Assembly Children And Families
Law Section:: Social Services Law
Laws Affected:: Add Art 6 Title 6-B §§429-a - 429-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8151
2019-2020: S1257, A4994
2021-2022: S2824, A7015
2023-2024: S4670

S2158 - Summary

Requires certain persons and officials to report child abuse or suspected child abuse to law enforcement authorities.

S2158 - Sponsor Memo

 BILL NUMBER:  S2158

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

 PURPOSE :

To require mandated reporters to report to law enforcement suspected
child abuse involving a person in a position of authority or a
position of trust.

 SUMMARY OF PROVISIONS :

Section 1: Adds a new title 6-B of the Social Services law to create
reporting requirements of child abuse to law enforcement involving
persons in a position of authority or a position of trust and provides
for penalties for willful failure to report and immunity from
liability. It also provides a penalty for the willful failure of a
mandated reporter to review existing records and information and
report allegations.

Section 2: Amends the penal law to definitions for a "position of
authority" and a "position of trust."

Section 3: Directs the Commissioner of the Office of Children and
Family Services to review the form used to report suspected child

abuse and revise, if necessary, to make it appropriate for reporting
to law enforcement agencies.

Section 4: Sets the effective date on the sixtieth day after it shall
have become a law.

 JUSTIFICATION :

New York currently has a system in place mandating specified
individuals to report suspected child abuse or maltreatment. This
system, however, is constrained by the Family Court Act which defines
an abused child as "a child less than eighteen years of age whose
parent or other person legally responsible for his care" commits
certain delineated acts. As a result of this language, mandated
reporters are only required to report suspected instances of child
abuse that occur in a domestic setting. However, as countless recent
cases indicate, all too often abuse happens at the hands of those
outside of the family, by those in positions of authority or
trust-teachers, coaches, troop leaders, supervisors, counselors, etc.

For example, in Dutchess County, a prominent County Legislator and Boy
Scout Troop Leader was convicted of sexually abusing two boy scouts in
his troop. When asked why the boys did not immediately report the
abuse, it was clear that the individual's position of authority played
a role in the delay, with news outlets reporting that one boy even
noted that the offender was viewed in the community as 'a great guy'
who 'so many people look up to.'

This case is not unusual as the majority of child sexual abuse happens
at the hands of someone that the child knows and trusts. In fact,
according to the National Sex Offender Public Registry, 60% of those
who sexually abuse children turn out to be individuals known to the
child, but are not family members.

Notably, situations in which an offender utilizes his or her position
of authority to coerce their victims to engage, or remain silent after
the fact, present a particular challenge for prosecutors as the
offender can avoid using explicit force and instead relies on his or
her ability to capitalize on that inherent power or trust to
manipulate the victim.
The state has a responsibility to ensure the health and safety of its
children and that means providing law enforcement and prosecutors with
the tools they need to identify, stop and prosecute abuse to the
fullest extent.

This bill will strengthen the law by amending the mandatory reporting
section of the Social Services Law to construct a system for these
individuals to utilize for reporting suspected abuse by a person in a
position of authority or position of trust to appropriate law
enforcement.

This mandatory reporting requirement will help bring victims out of
the shadows and assist in identifying more unreported/under-reported
cases of abuse in our communities and establish another significant
investigative tool for law enforcement.

 LEGISLATIVE HISTORY :

2016: S.8151 Referred to Rules

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
On the sixtieth day after it shall have become a law.

S2158 - Bill Text download pdf


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

                                  2158

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced  by  Sen.  SERINO -- 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 and the penal 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.  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.
  § 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 EIGHTEEN YEARS OLD OR MORE HAS ENGAGED IN CONDUCT SET FORTH
IN PARAGRAPH (C) 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 (C) 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, A POSITION OF
TRUST, SUPERVISORY OR DISCIPLINARY  POWER  OVER  THE  PERSON  LESS  THAN

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

                                                           LBD04892-03-7

S. 2158                             2

SEVENTEEN YEARS OLD BY VIRTUE OF HIS OR HER LEGAL, PROFESSIONAL, OCCUPA-
TIONAL  OR  VOCATIONAL  STATUS; OR (III) A PERSON HAS ENGAGED IN CONDUCT
SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION WITH A PERSON UNDER TWEN-
TY-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 RESIDENTIAL CARE DUE TO SUCH HANDICAPPING CONDITION.
  (B)  ANY  PERSON,  IN  HIS OR HER OFFICIAL OR PROFESSIONAL SUPERVISORY
CAPACITY WITH A NONPROFIT OR FOR-PROFIT ORGANIZATION, SHALL BE  REQUIRED
TO REPORT OR CAUSE A REPORT TO BE MADE TO AN APPROPRIATE LAW ENFORCEMENT
AGENCY  WHEN  THEY  HAVE  REASONABLE CAUSE TO BELIEVE THAT A PERSON OVER
WHOM HE OR SHE REGULARLY EXERCISES SUPERVISORY AUTHORITY HAS ENGAGED  IN
CONDUCT  SET FORTH UNDER THIS PARAGRAPH PROVIDED THAT THE PERSON ALLEGED
TO HAVE ENGAGED IN SUCH CONDUCT IS EMPLOYED BY, CONTRACTED BY, OR  REGU-
LARLY  HAS  UNSUPERVISED  ACCESS  TO  A CHILD OR CHILDREN AS PART OF THE
EMPLOYMENT, CONTRACT, OR FORMAL ROLE  WITH  THE  ORGANIZATION,  PAID  OR
UNPAID.  CONDUCT  WHICH  REQUIRES  REPORTING  UNDER  THIS  ARTICLE SHALL
INCLUDE INSTANCES WHERE: (I) A PERSON BEING EIGHTEEN YEARS OLD  OR  MORE
HAS  ENGAGED  IN  CONDUCT SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION
WITH A PERSON LESS THAN FOURTEEN YEARS OLD; OR (II) A PERSON BEING TWEN-
TY-ONE YEARS OLD OR MORE HAS ENGAGED IN CONDUCT SET FORTH  IN  PARAGRAPH
(C)  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,  A  POSITION OF TRUST, SUPERVISORY OR DISCIPLINARY POWER OVER
THE PERSON LESS THAN SEVENTEEN YEARS OLD BY VIRTUE OF HIS OR HER  LEGAL,
PROFESSIONAL,  OCCUPATIONAL,  ORGANIZATIONAL,  OR  VOCATIONAL STATUS; OR
(III) A PERSON HAS ENGAGED IN CONDUCT SET FORTH IN PARAGRAPH (C) OF THIS
SUBDIVISION WITH A PERSON UNDER TWENTY-ONE YEARS OF AGE WHO HAS A HANDI-
CAPPING CONDITION, AS DEFINED IN SECTION FORTY-FOUR HUNDRED ONE  OF  THE
EDUCATION LAW AND WHO IS ENTITLED TO RESIDENTIAL CARE DUE TO SUCH HANDI-
CAPPING CONDITION.
  (C)  THE  FOLLOWING CONDUCT, IF COMMITTED BY A PERSON DEFINED IN PARA-
GRAPH (A) OR (B) 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
  (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.
  (D) FOR THE PURPOSES OF THIS SECTION THE TERM:
  (I)  "LAW  ENFORCEMENT  AUTHORITIES"  SHALL  MEAN  A  MUNICIPAL POLICE
DEPARTMENT, SHERIFF'S DEPARTMENT, THE DIVISION OF STATE  POLICE  OR  ANY
OFFICER  THEREOF  OR A DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTORNEY.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, LAW ENFORCEMENT  AUTHORITIES
SHALL  NOT  INCLUDE  ANY CHILD PROTECTIVE 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; AND
  (II)  "ORGANIZATION" SHALL MEAN A SOLE PROPRIETOR, PARTNERSHIP, CORPO-
RATION, LIMITED LIABILITY COMPANY, TRUST, ASSOCIATION, FINANCIAL  INSTI-
TUTION,  GOVERNMENTAL  ENTITY OTHER THAN THE FEDERAL GOVERNMENT, AND ANY
OTHER INDIVIDUAL OR GROUP ENGAGED IN A  TRADE,  OCCUPATION,  ENTERPRISE,
GOVERNMENTAL  FUNCTION, CHARITABLE FUNCTION, OR SIMILAR ACTIVITY IN THIS

S. 2158                             3

STATE WHETHER OR NOT THE ENTITY IS OPERATED AS A NONPROFIT OR FOR-PROFIT
ENTITY.
  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.
  §  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.
  § 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.
  § 429-D. REVIEW OF EXISTING RECORDS FOR ALLEGATIONS THAT A CHILD IS AN
ABUSED  CHILD;  DISTRICT  ATTORNEY; PENALTY.   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.
  §  2.  Section  130.00  of  the penal law is amended by adding two new
subdivisions 14 and 15 to read as follows:
  14. "POSITION OF AUTHORITY" INCLUDES BUT IS NOT LIMITED TO ANY  PERSON
WHO  IS A TEACHER, EMPLOYER, BABYSITTER, COACH, OR ANY OTHER PERSON WHO,
NO MATTER HOW BRIEF, IS AT THE TIME OF THE ACT:
  (A) ACTING IN THE PLACE OF A PARENT AND CHARGED WITH ANY OF A PARENT'S
RIGHTS, DUTIES OR RESPONSIBILITIES TO A CHILD, OR
  (B) A PERSON WHO IS CHARGED WITH ANY DUTY OR  RESPONSIBILITY  FOR  THE
HEALTH,  WELFARE,  OR  SUPERVISION  OF  A CHILD, EITHER INDEPENDENTLY OR
THROUGH ANOTHER.
  15. "POSITION OF TRUST" INCLUDES BUT IS NOT LIMITED TO ANY PERSON  WHO
IS  A  TEACHER,  EMPLOYER, BABYSITTER, COACH OR ANY OTHER PERSON WHO, BY
REASON OF HIS POSITION, IS ABLE TO EXERCISE SIGNIFICANT INFLUENCE OVER A
CHILD AT THE TIME OF THE ACT.
  § 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,  as  added  by

S. 2158                             4

section  one  of  this act, and, if necessary, shall revise such form to
make it appropriate for reporting to law enforcement agencies.
  §  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

Co-Sponsors

S2158A - Details

See Assembly Version of this Bill:: A11161
Current Committee:: Assembly Children And Families
Law Section:: Social Services Law
Laws Affected:: Add Art 6 Title 6-B §§429-a - 429-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8151
2019-2020: S1257, A4994
2021-2022: S2824, A7015
2023-2024: S4670

S2158A - Summary

Requires certain persons and officials to report child abuse or suspected child abuse to law enforcement authorities.

S2158A - Sponsor Memo

 BILL NUMBER:  S2158A

 TITLE OF BILL :

An act to amend the social services law and the penal law, in relation
to the reporting of child abuse

 PURPOSE :

To require mandated reporters to report to law enforcement suspected
child abuse involving a person in a position of authority or a
position of trust.

 SUMMARY OF PROVISIONS :

Section 1: Adds a new title 6-B of the Social Services law to create
reporting requirements of child abuse to law enforcement involving
persons in a position of authority or a position of trust and provides
for penalties for willful failure to report and immunity from
liability. It also provides a penalty for the willful failure of a
mandated reporter to review existing records and information and
report allegations.

Section 2: Amends the penal law to definitions for a "position of
authority" and a "position of trust."

Section 3: Directs the Commissioner of the Office of Children and
Family Services to review the form used to report suspected child
abuse and revise, if necessary, to make it appropriate for reporting
to law enforcement agencies.

Section 4: Sets the effective date on the sixtieth day after it shall
have become a law.

 JUSTIFICATION :

New York currently has a system in place mandating specified
individuals to report suspected child abuse or maltreatment. This
system, however, is constrained by the Family Court Act which defines
an abused child as "a child less than eighteen years of age whose
parent or other person legally responsible for his care" commits
certain delineated acts. As a result of this language, mandated
reporters are only required to report suspected instances of child
abuse that occur in a domestic setting. However, as countless recent
cases indicate, all too often abuse happens at the hands of those
outside of the family, by those in positions of authority or
trust-teachers, coaches, troop leaders, supervisors, counselors, etc.

For example, in Dutchess County, a prominent County Legislator and Boy
Scout Troop Leader was convicted of sexually abusing two boy scouts in
his troop. When asked why the boys did not immediately report the
abuse, it was clear that the individual's position of authority played
a role in the delay, with news outlets reporting that one boy even
noted that the offender was viewed in the community as 'a great guy'
who 'so many people look up to.'

This case is not unusual as the majority of child sexual abuse happens
at the hands of someone that the child knows and trusts. In fact,
according to the National Sex Offender Public Registry, 60% of those
who sexually abuse children turn out to be individuals known to the
child, but are not family members.

Notably, situations in which an offender utilizes his or her position
of authority to coerce their victims to engage, or remain silent after
the fact, present a particular challenge for prosecutors as the
offender can avoid using explicit force and instead relies on his or
her ability to capitalize on that inherent power or trust to
manipulate the victim.

The state has a responsibility to ensure the health and safety of its
children and that means providing law enforcement and prosecutors with
the tools they need to identify, stop and prosecute abuse to the
fullest extent.

This bill will strengthen the law by amending the mandatory reporting
section of the Social Services Law to construct a system for these
individuals to utilize for reporting suspected abuse by a person in a
position of authority or position of trust to appropriate law
enforcement.

This mandatory reporting requirement will help bring victims out of
the shadows and assist in identifying more unreported/under-reported
cases of abuse in our communities and establish another significant
investigative tool for law enforcement.

 LEGISLATIVE HISTORY :

2016: S.8151 Referred to Rules

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
On the sixtieth day after it shall have become a law.

S2158A - Bill Text download pdf


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

                                 2158--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced  by  Sens. SERINO, HELMING -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Children  and
  Families  --  reported  favorably from said committee and committed to
  the Committee  on  Finance  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the social services law and the penal 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.  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.
  §  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 EIGHTEEN YEARS OLD OR MORE HAS ENGAGED IN CONDUCT SET FORTH
IN  PARAGRAPH  (C)  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 (C) OF THIS SUBDIVISION WITH A

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

                                                           LBD04892-06-7

S. 2158--A                          2

PERSON  LESS  THAN  SEVENTEEN  YEARS OLD AND THE PERSON BEING TWENTY-ONE
YEARS OLD OR MORE HAS AUTHORITY,  PERCEIVED  AUTHORITY,  A  POSITION  OF
TRUST,  SUPERVISORY  OR  DISCIPLINARY  POWER  OVER  THE PERSON LESS THAN
SEVENTEEN YEARS OLD BY VIRTUE OF HIS OR HER LEGAL, PROFESSIONAL, OCCUPA-
TIONAL  OR  VOCATIONAL  STATUS; OR (III) A PERSON HAS ENGAGED IN CONDUCT
SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION WITH A PERSON UNDER TWEN-
TY-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 RESIDENTIAL CARE DUE TO SUCH HANDICAPPING CONDITION.
  (B) ANY PERSON, IN HIS OR HER  OFFICIAL  OR  PROFESSIONAL  SUPERVISORY
CAPACITY  WITH A NONPROFIT OR FOR-PROFIT ORGANIZATION, SHALL BE REQUIRED
TO REPORT OR CAUSE A REPORT TO BE MADE TO AN APPROPRIATE LAW ENFORCEMENT
AGENCY WHEN THEY HAVE REASONABLE CAUSE TO BELIEVE  THAT  A  PERSON  OVER
WHOM  HE OR SHE REGULARLY EXERCISES SUPERVISORY AUTHORITY HAS ENGAGED IN
CONDUCT SET FORTH UNDER THIS PARAGRAPH PROVIDED THAT THE PERSON  ALLEGED
TO  HAVE ENGAGED IN SUCH CONDUCT IS EMPLOYED BY, CONTRACTED BY, OR REGU-
LARLY HAS UNSUPERVISED ACCESS TO A CHILD OR  CHILDREN  AS  PART  OF  THE
EMPLOYMENT,  CONTRACT,  OR  FORMAL  ROLE  WITH THE ORGANIZATION, PAID OR
UNPAID. CONDUCT  WHICH  REQUIRES  REPORTING  UNDER  THIS  ARTICLE  SHALL
INCLUDE  INSTANCES  WHERE: (I) A PERSON BEING EIGHTEEN YEARS OLD OR MORE
HAS ENGAGED IN CONDUCT SET FORTH IN PARAGRAPH (C)  OF  THIS  SUBDIVISION
WITH A PERSON LESS THAN FOURTEEN YEARS OLD; OR (II) A PERSON BEING TWEN-
TY-ONE  YEARS  OLD OR MORE HAS ENGAGED IN CONDUCT SET FORTH IN PARAGRAPH
(C) 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, A POSITION OF TRUST, SUPERVISORY OR DISCIPLINARY  POWER  OVER
THE  PERSON LESS THAN SEVENTEEN YEARS OLD BY VIRTUE OF HIS OR HER LEGAL,
PROFESSIONAL, OCCUPATIONAL, ORGANIZATIONAL,  OR  VOCATIONAL  STATUS;  OR
(III) A PERSON HAS ENGAGED IN CONDUCT SET FORTH IN PARAGRAPH (C) OF THIS
SUBDIVISION WITH A PERSON UNDER TWENTY-ONE YEARS OF AGE WHO HAS A HANDI-
CAPPING  CONDITION,  AS DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THE
EDUCATION LAW AND WHO IS ENTITLED TO RESIDENTIAL CARE DUE TO SUCH HANDI-
CAPPING CONDITION.
  (C) THE FOLLOWING CONDUCT, IF COMMITTED BY A PERSON DEFINED  IN  PARA-
GRAPH  (A)  OR  (B)  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
  (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.
  (D) FOR THE PURPOSES OF THIS SECTION THE TERM:
  (I) "LAW  ENFORCEMENT  AUTHORITIES"  SHALL  MEAN  A  MUNICIPAL  POLICE
DEPARTMENT,  SHERIFF'S  DEPARTMENT,  THE DIVISION OF STATE POLICE OR ANY
OFFICER THEREOF OR A DISTRICT ATTORNEY OR ASSISTANT  DISTRICT  ATTORNEY.
NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, LAW ENFORCEMENT AUTHORITIES
SHALL NOT INCLUDE ANY CHILD PROTECTIVE 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; AND
  (II) "ORGANIZATION" SHALL MEAN A SOLE PROPRIETOR, PARTNERSHIP,  CORPO-
RATION,  LIMITED LIABILITY COMPANY, TRUST, ASSOCIATION, FINANCIAL INSTI-

S. 2158--A                          3

TUTION, GOVERNMENTAL ENTITY OTHER THAN THE FEDERAL GOVERNMENT,  AND  ANY
OTHER  INDIVIDUAL  OR  GROUP ENGAGED IN A TRADE, OCCUPATION, ENTERPRISE,
GOVERNMENTAL FUNCTION, CHARITABLE FUNCTION, OR SIMILAR ACTIVITY IN  THIS
STATE WHETHER OR NOT THE ENTITY IS OPERATED AS A NONPROFIT OR FOR-PROFIT
ENTITY.
  (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) OR (B) 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
CONDUCT  DESCRIBED UNDER THIS SECTION HAS OCCURRED BASED UPON ANY INFOR-
MATION 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) OR  (B)
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 PURSUANT 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. 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.
  § 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.

S. 2158--A                          4

  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.
  §  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.
  § 429-D. REVIEW OF EXISTING RECORDS FOR ALLEGATIONS THAT A CHILD IS AN
ABUSED CHILD; DISTRICT ATTORNEY; PENALTY.   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.
  § 2. Section 130.00 of the penal law is  amended  by  adding  two  new
subdivisions 14 and 15 to read as follows:
  14.  "POSITION OF AUTHORITY" INCLUDES BUT IS NOT LIMITED TO ANY PERSON
WHO IS A TEACHER, EMPLOYER, BABYSITTER, COACH, OR ANY OTHER PERSON  WHO,
NO MATTER HOW BRIEF, IS AT THE TIME OF THE ACT:
  (A) ACTING IN THE PLACE OF A PARENT AND CHARGED WITH ANY OF A PARENT'S
RIGHTS, DUTIES OR RESPONSIBILITIES TO A CHILD, OR
  (B)  A  PERSON  WHO IS CHARGED WITH ANY DUTY OR RESPONSIBILITY FOR THE
HEALTH, WELFARE, OR SUPERVISION OF  A  CHILD,  EITHER  INDEPENDENTLY  OR
THROUGH ANOTHER.
  15.  "POSITION OF TRUST" INCLUDES BUT IS NOT LIMITED TO ANY PERSON WHO
IS A TEACHER, EMPLOYER, BABYSITTER, COACH OR ANY OTHER  PERSON  WHO,  BY
REASON OF HIS POSITION, IS ABLE TO EXERCISE SIGNIFICANT INFLUENCE OVER A
CHILD AT THE TIME OF THE ACT.
  §  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, as added by
section one of this act, and, if necessary, shall revise  such  form  to
make it appropriate for reporting to law enforcement agencies.
  §  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

Co-Sponsors

S2158B - Details

See Assembly Version of this Bill:: A11161
Current Committee:: Assembly Children And Families
Law Section:: Social Services Law
Laws Affected:: Add Art 6 Title 6-B §§429-a - 429-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8151
2019-2020: S1257, A4994
2021-2022: S2824, A7015
2023-2024: S4670

S2158B - Summary

Requires certain persons and officials to report child abuse or suspected child abuse to law enforcement authorities.

S2158B - Sponsor Memo

 
BILL NUMBER: S2158B             Revised 06/06/18

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the social services law, in relation to the reporting of
child abuse

 
PURPOSE:

Requires certain persons and officials to report child abuse or
suspected child abuse to law enforcement authorities

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new title 6-B of the Social Services law to create
reporting requirements of suspected child abuse to law enforcement where
it does not involve a family member for the purposes of the social secu-
rity law. Adds a new provision for reporting by those persons employed
or affiliated with an organization that provides services or programming
to children. Provides for training requirements for mandated reporting

and directs the Commissioner of the Office of Children and Family
Services to prescribe a period of compliance to receive updated train-
ing. Also provides for penalties for willful failure to report suspected
abuse and immunity from liability for reporting suspected abuse in good
faith.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

New York currently has a system in place mandating specified individuals
to report suspected child abuse or maltreatment. This system, however,
is constrained by the Family Court Act which defines an abused child as
"a child less than eighteen years of age whose parent or other person
legally responsible for his care" commits certain delineated acts. As a
result of this language, mandated reporters are only required to report
suspected instances of child abuse that occur in a domestic setting.
However, as countless recent cases indicate, all too often abuse happens
at the hands of those outside of the family, by those persons known to
the child who have often have a position of trust or authority in their
lives.

For example, in Dutchess County, a prominent County Legislator and Boy
Scout Troop Leader was convicted of sexually abusing two boy scouts in
his troop. Although the boys reported the abuse to a person within the
Boy Scout organization, the allegations were never reported to the
parents or even law enforcement. This case is not unusual as the majori-
ty of child sexual abuse happens at the hands of someone that the child
knows and trusts. In fact, according to the National Sex Offender Public
Registry, 60% of those who sexually abuse children turn out to be indi-
viduals known to the child, but are not family members.

This bill will strengthen the law by amending the mandatory reporting
section of the Social Services Law to construct a system for these indi-
viduals, as well as individuals who are employed or affiliated - paid or
unpaid - with an organization that provides services and programming to
children, to report suspected cases of child abuse outside of the domes-
tic setting. These reports will be required to go directly to law
enforcement and will close a significant loophole in the current system
in New York and ensure that we have a robust process of reporting and
investigation.

This mandatory reporting requirement will help bring victims out of the
shadows and assist in identifying more unreported/under-reported cases
of abuse in our communities and establish another significant investi-
gative tool for law enforcement.

 
LEGISLATIVE HISTORY:

2016: S.8151 Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

S2158B - Bill Text download pdf


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

                                 2158--B
    Cal. No. 1334

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced by Sens. SERINO, HELMING, MARCHIONE -- read twice and ordered
  printed, and when printed to be committed to the Committee on Children
  and  Families  -- reported favorably from said committee and committed
  to the Committee on Finance --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Children and  Families  in  accordance
  with  Senate  Rule 6, sec. 8 -- reported favorably from said committee
  and committed to the Committee on Finance -- reported  favorably  from
  said  committee,  ordered  to  first  report, amended on first report,
  ordered to a second report and ordered reprinted, retaining its  place
  in the order of second report

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.  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. DEFINITIONS.
        429-B.  PERSONS  AND  OFFICIALS  REQUIRED  TO  REPORT  CASES  OF
                  SUSPECTED CHILD ABUSE TO APPROPRIATE LAW ENFORCEMENT.
        429-C. PENALTIES FOR FAILURE TO REPORT.
        429-D. IMMUNITY FROM LIABILITY.
  § 429-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE THE TERM :
  1. "ABUSED CHILD" SHALL MEAN A CHILD UNDER THE AGE OF  EIGHTEEN  YEARS
UPON  WHOM  A PERSON EIGHTEEN YEARS OF AGE OR MORE WHO IS NOT THE PARENT
OR OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH CHILD'S CARE:
  (A) INTENTIONALLY OR  RECKLESSLY  INFLICTS  PHYSICAL  INJURY,  SERIOUS
PHYSICAL INJURY OR DEATH, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD04892-07-8

S. 2158--B                          2

  (B)  INTENTIONALLY  OR  RECKLESSLY  ENGAGES IN CONDUCT WHICH CREATES A
SUBSTANTIAL RISK OF PHYSICAL INJURY, SERIOUS PHYSICAL INJURY  OR  DEATH,
OR
  (C) COMMITS OR ATTEMPTS TO COMMIT AGAINST A CHILD THE CRIME OF DISSEM-
INATING  INDECENT  MATERIALS  TO  MINORS PURSUANT TO ARTICLE TWO HUNDRED
THIRTY-FIVE OF THE PENAL LAW, OR
  (D) ENGAGES IN ANY CONDUCT PROHIBITED BY ARTICLE ONE HUNDRED THIRTY OR
TWO HUNDRED SIXTY-THREE OF THE PENAL LAW;
  2. "LAW ENFORCEMENT AUTHORITIES" SHALL MEAN A MUNICIPAL POLICE DEPART-
MENT, SHERIFF'S DEPARTMENT, THE DIVISION OF STATE POLICE OR ANY  OFFICER
THEREOF  OR A DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTORNEY. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, LAW ENFORCEMENT  AUTHORITIES  SHALL
NOT  INCLUDE  ANY  CHILD  PROTECTIVE  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;
  3.  "ORGANIZATION"  SHALL  MEAN A SOLE PROPRIETOR, PARTNERSHIP, CORPO-
RATION, LIMITED LIABILITY COMPANY, TRUST, ASSOCIATION, FINANCIAL  INSTI-
TUTION,  GOVERNMENTAL  ENTITY OTHER THAN THE FEDERAL GOVERNMENT, AND ANY
OTHER INDIVIDUAL OR GROUP ENGAGED IN A  TRADE,  OCCUPATION,  ENTERPRISE,
GOVERNMENTAL  FUNCTION, CHARITABLE FUNCTION, OR SIMILAR ACTIVITY IN THIS
STATE WHETHER OR NOT THE ENTITY IS OPERATED AS A NONPROFIT OR FOR-PROFIT
ENTITY;
  4. "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 INSTITUTION;
  5. "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 RELI-
GIOUS OBSERVANCES, WITHOUT HAVING BEEN INCORPORATED FOR THAT PURPOSE, AS
PROVIDED IN SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW.
  § 429-B. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES  OF  SUSPECTED
CHILD ABUSE TO APPROPRIATE LAW ENFORCEMENT. 1. THE FOLLOWING PERSONS AND
OFFICIALS  ARE  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 A CHILD IS AN
ABUSED CHILD: ANY PHYSICIAN; REGISTERED  PHYSICIAN  ASSISTANT;  SURGEON;
MEDICAL EXAMINER; CORONER; DENTIST; DENTAL HYGIENIST; OSTEOPATH; OPTOME-
TRIST;  CHIROPRACTOR; PODIATRIST; RESIDENT; INTERN; PSYCHOLOGIST; REGIS-
TERED NURSE; SOCIAL WORKER; EMERGENCY MEDICAL TECHNICIAN; LICENSED CREA-
TIVE ARTS THERAPIST; LICENSED MARRIAGE AND  FAMILY  THERAPIST;  LICENSED
MENTAL  HEALTH  COUNSELOR;  LICENSED  PSYCHOANALYST;  LICENSED  BEHAVIOR
ANALYST;  CERTIFIED  BEHAVIOR  ANALYST  ASSISTANT;  HOSPITAL   PERSONNEL
ENGAGED  IN  THE ADMISSION, EXAMINATION, CARE OR TREATMENT OF PERSONS; A
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 TEACH-
ING OR ADMINISTRATIVE LICENSE OR CERTIFICATE; FULL OR PART-TIME  COMPEN-
SATED  SCHOOL  EMPLOYEE REQUIRED TO HOLD A TEMPORARY COACHING LICENSE OR
PROFESSIONAL COACHING CERTIFICATE; SOCIAL SERVICES WORKER; EMPLOYEE OF A
PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH  CHILDREN;  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

S. 2158--B                          3

OF  THE PUBLIC HEALTH LAW; DAY CARE CENTER WORKER; SCHOOL-AGE CHILD CARE
WORKER; PROVIDER OF FAMILY OR GROUP FAMILY DAY CARE; EMPLOYEE OR  VOLUN-
TEER  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 CREDEN-
TIALED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES; EMPLOY-
EES, WHO ARE EXPECTED TO HAVE REGULAR AND SUBSTANTIAL CONTACT WITH CHIL-
DREN, OF A HEALTH HOME OR HEALTH HOME CARE MANAGEMENT AGENCY CONTRACTING
WITH A HEALTH HOME AS DESIGNATED BY THE DEPARTMENT OF HEALTH AND AUTHOR-
IZED UNDER SECTION THREE HUNDRED SIXTY-FIVE-L OF THIS  CHAPTER  OR  SUCH
EMPLOYEES  WHO  PROVIDE HOME AND COMMUNITY BASED SERVICES UNDER A DEMON-
STRATION PROGRAM PURSUANT TO  SECTION  ELEVEN  HUNDRED  FIFTEEN  OF  THE
FEDERAL  SOCIAL  SECURITY  ACT  WHO  ARE  EXPECTED  TO  HAVE REGULAR AND
SUBSTANTIAL  CONTACT  WITH  CHILDREN;  PEACE  OFFICER;  POLICE  OFFICER;
DISTRICT  ATTORNEY OR ASSISTANT DISTRICT ATTORNEY; INVESTIGATOR EMPLOYED
IN THE OFFICE OF A DISTRICT ATTORNEY; OTHER LAW ENFORCEMENT OFFICIAL; OR
ANY PERSON, THROUGH HIS OR HER AFFILIATION, OR IN HIS OR  HER  OFFICIAL,
PROFESSIONAL,  OR  SUPERVISORY  CAPACITY, EITHER PAID OR UNPAID, WITH AN
ORGANIZATION THAT PROVIDES SERVICES, PROGRAMMING  OR  SUPERVISION  TO  A
PERSON LESS THAN EIGHTEEN YEARS OF AGE.
  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 CHILDREN AS SUCH
TERMS ARE DEFINED IN SECTION FOUR HUNDRED TWENTY-THREE OF THIS ARTICLE.
  3. 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 SUBDIVISION TWO OF THIS SECTION IF THE CONFESSION
OR CONFIDENCE WAS MADE TO HIM OR HER IN HIS OR HER PROFESSIONAL  CHARAC-
TER AS SPIRITUAL ADVISOR.
  4.  WHEN  A  MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT
CONDUCT DESCRIBED UNDER THIS SECTION HAS OCCURRED BASED UPON ANY  INFOR-
MATION  RECEIVED  OTHER  THAN  THROUGH  A  CONFESSION OR CONFIDENCE MADE
PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THEN SUCH MEMBER  OF  THE
CLERGY  SHALL  PROMPTLY  MAKE A REPORT AS REQUIRED BY SUBDIVISION TWO OF
THIS SECTION NOTWITHSTANDING THE FACT THAT  HE  OR  SHE  MAY  HAVE  ALSO
RECEIVED  A  REPORT  OF  ABUSE  OR  MALTREATMENT THROUGH A CONFESSION OR
CONFIDENCE MADE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  5. THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION  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.
  6. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF  SUSPECTED  CHILD
ABUSE TO APPROPRIATE LAW ENFORCEMENT AGENCIES ARE REQUIRED TO COMPLETE A
TRAINING  PROGRAM  IN  THE  IDENTIFICATION AND REPORTING OF CHILD ABUSE.

S. 2158--B                          4

SUCH PROGRAM SHALL BE APPROVED BY THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES.  THE  COMMISSIONER  SHALL  PROVIDE PUBLIC NOTICE THAT MANDATED
REPORTING TRAINING MATERIALS AND INFORMATION HAVE BEEN UPDATED AND SHALL
PRESCRIBE  A  PERIOD  OF  COMPLIANCE  FOR  MANDATED REPORTERS TO RECEIVE
UPDATED TRAINING INFORMATION, INCLUDING BUT  NOT  LIMITED  TO,  TRAINING
DISTRIBUTED BY THE OFFICE ON ITS PUBLIC WEBSITE.
  §  429-C.  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.
  § 429-D. 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.
  §  2. This act shall take effect one year after it shall have become a
law.

Co-Sponsors

S2158C (ACTIVE) - Details

See Assembly Version of this Bill:: A11161
Current Committee:: Assembly Children And Families
Law Section:: Social Services Law
Laws Affected:: Add Art 6 Title 6-B §§429-a - 429-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8151
2019-2020: S1257, A4994
2021-2022: S2824, A7015
2023-2024: S4670

S2158C (ACTIVE) - Summary

Requires certain persons and officials to report child abuse or suspected child abuse to law enforcement authorities.

S2158C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2158C

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

 
PURPOSE:

Requires certain persons and officials to report child abuse or
suspected child abuse to law enforcement authorities

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new title 6-B of the Social Services law to create
reporting requirements of suspected child abuse to law enforcement where
it does not involve a family member for the purposes of the social secu-
rity law. Adds a new provision for reporting by persons eighteen and
older who are employed or affiliated with an organization that provides
services or programming to children.  Provides for training requirements
for mandated reporting and directs the Commissioner of the Office of
Children and Family Services to prescribe a period of compliance to

receive updated training. Also provides for penalties for willful fail-
ure to report suspected abuse and immunity from liability for reporting
suspected abuse in good faith.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

New York currently has a system in place mandating specified individuals
to report suspected child abuse or maltreatment. This system, however,
is constrained by the Family Court Act which defines an abused child as
"a child less than eighteen years of age whose parent or other person
legally responsible for his care" commits certain delineated acts. As a
result of this language, mandated reporters are only required to report
suspected instances of child abuse that occur in a domestic setting.
However, as countless recent cases indicate, all too often abuse happens
at the hands of those outside of the family, by those persons known to
the child who have often have a position of trust or authority in their
lives.

For example, in Dutchess County, a prominent County Legislator and Boy
Scout Troop Leader was convicted of sexually abusing two boy scouts in
his troop. Although the boys reported the abuse to a person within the
Boy Scout organization, the allegations were never reported to the
parents or even law enforcement. This case is not unusual as the majori-
ty of child sexual abuse happens at the hands of someone that the child
knows and trusts. In fact, according to the National Sex Offender Public
Registry, 60% of those who sexually abuse children turn out to be indi-
viduals known to the child, but are not family members.

This bill will strengthen the law by amending the mandatory reporting
section of the Social Services Law to construct a system for these indi-
viduals, as well as individuals eighteen and older who are employed or
affiliated - paid or unpaid - with an organization that provides
services and programming to children, to report suspected cases of child
abuse outside of the domestic setting. These reports will be required to
go directly to law enforcement and will close a significant loophole in

the current system in New York and ensure that we have a robust process
of reporting and investigation.

This mandatory reporting requirement will help bring victims out of the
shadows and assist in identifying more unreported/under-reported cases
of abuse in our communities and establish another significant investi-
gative tool for law enforcement.

 
LEGISLATIVE HISTORY:

2016: S.8151 Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

S2158C (ACTIVE) - Bill Text download pdf


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

                                 2158--C
    Cal. No. 1334

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 12, 2017
                               ___________

Introduced  by  Sens.  SERINO,  AKSHAR,  GALLIVAN,  HELMING,  MARCHIONE,
  RANZENHOFER -- read twice and ordered printed, and when printed to  be
  committed to the Committee on Children and Families -- reported favor-
  ably  from said committee and committed to the Committee on Finance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee -- recommitted to the Committee on Chil-
  dren and Families in accordance with Senate Rule 6, sec. 8 -- reported
  favorably  from  said  committee  and  committed  to  the Committee on
  Finance -- reported favorably from said committee,  ordered  to  first
  report,  amended  on  first  report,  ordered  to  a second report and
  ordered reprinted, retaining its place in the order of  second  report
  --  ordered to a third reading, amended and ordered reprinted, retain-
  ing its place in the order of third reading

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.  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. DEFINITIONS.
        429-B.  PERSONS  AND  OFFICIALS  REQUIRED  TO  REPORT  CASES  OF
                  SUSPECTED CHILD ABUSE TO APPROPRIATE LAW ENFORCEMENT.
        429-C. PENALTIES FOR FAILURE TO REPORT.
        429-D. IMMUNITY FROM LIABILITY.
  § 429-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE THE TERM :
  1.  "ABUSED  CHILD" SHALL MEAN A CHILD UNDER THE AGE OF EIGHTEEN YEARS
UPON WHOM A PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO IS NOT THE  PARENT
OR OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH CHILD'S CARE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD04892-09-8

S. 2158--C                          2

  (A)  INTENTIONALLY  OR  RECKLESSLY  INFLICTS  PHYSICAL INJURY, SERIOUS
PHYSICAL INJURY OR DEATH, OR
  (B)  INTENTIONALLY  OR  RECKLESSLY  ENGAGES IN CONDUCT WHICH CREATES A
SUBSTANTIAL RISK OF PHYSICAL INJURY, SERIOUS PHYSICAL INJURY  OR  DEATH,
OR
  (C) COMMITS OR ATTEMPTS TO COMMIT AGAINST A CHILD THE CRIME OF DISSEM-
INATING  INDECENT  MATERIALS  TO  MINORS PURSUANT TO ARTICLE TWO HUNDRED
THIRTY-FIVE OF THE PENAL LAW, OR
  (D) ENGAGES IN ANY CONDUCT PROHIBITED BY ARTICLE ONE HUNDRED THIRTY OR
TWO HUNDRED SIXTY-THREE OF THE PENAL LAW;
  2. "LAW ENFORCEMENT AUTHORITIES" SHALL MEAN A MUNICIPAL POLICE DEPART-
MENT, SHERIFF'S DEPARTMENT, THE DIVISION OF STATE POLICE OR ANY  OFFICER
THEREOF  OR A DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTORNEY. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, LAW ENFORCEMENT  AUTHORITIES  SHALL
NOT  INCLUDE  ANY  CHILD  PROTECTIVE  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;
  3.  "ORGANIZATION"  SHALL  MEAN A SOLE PROPRIETOR, PARTNERSHIP, CORPO-
RATION, LIMITED LIABILITY COMPANY, TRUST, ASSOCIATION, FINANCIAL  INSTI-
TUTION,  GOVERNMENTAL  ENTITY OTHER THAN THE FEDERAL GOVERNMENT, AND ANY
OTHER INDIVIDUAL OR GROUP ENGAGED IN A  TRADE,  OCCUPATION,  ENTERPRISE,
GOVERNMENTAL  FUNCTION, CHARITABLE FUNCTION, OR SIMILAR ACTIVITY IN THIS
STATE WHETHER OR NOT THE ENTITY IS OPERATED AS A NONPROFIT OR FOR-PROFIT
ENTITY;
  4. "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 INSTITUTION;
  5. "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 RELI-
GIOUS OBSERVANCES, WITHOUT HAVING BEEN INCORPORATED FOR THAT PURPOSE, AS
PROVIDED IN SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW.
  § 429-B. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES  OF  SUSPECTED
CHILD ABUSE TO APPROPRIATE LAW ENFORCEMENT. 1. THE FOLLOWING PERSONS AND
OFFICIALS  ARE  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 A CHILD IS AN
ABUSED CHILD: ANY PHYSICIAN; REGISTERED  PHYSICIAN  ASSISTANT;  SURGEON;
MEDICAL EXAMINER; CORONER; DENTIST; DENTAL HYGIENIST; OSTEOPATH; OPTOME-
TRIST;  CHIROPRACTOR; PODIATRIST; RESIDENT; INTERN; PSYCHOLOGIST; REGIS-
TERED NURSE; SOCIAL WORKER; EMERGENCY MEDICAL TECHNICIAN; LICENSED CREA-
TIVE ARTS THERAPIST; LICENSED MARRIAGE AND  FAMILY  THERAPIST;  LICENSED
MENTAL  HEALTH  COUNSELOR;  LICENSED  PSYCHOANALYST;  LICENSED  BEHAVIOR
ANALYST;  CERTIFIED  BEHAVIOR  ANALYST  ASSISTANT;  HOSPITAL   PERSONNEL
ENGAGED  IN  THE ADMISSION, EXAMINATION, CARE OR TREATMENT OF PERSONS; A
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 TEACH-
ING OR ADMINISTRATIVE LICENSE OR CERTIFICATE; FULL OR PART-TIME  COMPEN-
SATED  SCHOOL  EMPLOYEE REQUIRED TO HOLD A TEMPORARY COACHING LICENSE OR
PROFESSIONAL COACHING CERTIFICATE; SOCIAL SERVICES WORKER; EMPLOYEE OF A
PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH  CHILDREN;  DIRECTOR

S. 2158--C                          3

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 VOLUN-
TEER 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 CREDEN-
TIALED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES; EMPLOY-
EES, WHO ARE EXPECTED TO HAVE REGULAR AND SUBSTANTIAL CONTACT WITH CHIL-
DREN, OF A HEALTH HOME OR HEALTH HOME CARE MANAGEMENT AGENCY CONTRACTING
WITH A HEALTH HOME AS DESIGNATED BY THE DEPARTMENT OF HEALTH AND AUTHOR-
IZED UNDER SECTION THREE HUNDRED SIXTY-FIVE-L OF THIS  CHAPTER  OR  SUCH
EMPLOYEES  WHO  PROVIDE HOME AND COMMUNITY BASED SERVICES UNDER A DEMON-
STRATION PROGRAM PURSUANT TO  SECTION  ELEVEN  HUNDRED  FIFTEEN  OF  THE
FEDERAL  SOCIAL  SECURITY  ACT  WHO  ARE  EXPECTED  TO  HAVE REGULAR AND
SUBSTANTIAL  CONTACT  WITH  CHILDREN;  PEACE  OFFICER;  POLICE  OFFICER;
DISTRICT  ATTORNEY OR ASSISTANT DISTRICT ATTORNEY; INVESTIGATOR EMPLOYED
IN THE OFFICE OF A DISTRICT ATTORNEY; OTHER LAW ENFORCEMENT OFFICIAL; OR
ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER, THROUGH  HIS  OR  HER  AFFIL-
IATION,  OR IN HIS OR HER OFFICIAL, PROFESSIONAL, OR SUPERVISORY CAPACI-
TY, EITHER PAID OR UNPAID, WITH AN ORGANIZATION THAT PROVIDES  SERVICES,
PROGRAMMING OR SUPERVISION TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE.
  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 CHILDREN AS SUCH
TERMS ARE DEFINED IN SECTION FOUR HUNDRED TWENTY-THREE OF THIS ARTICLE.
  3. 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 SUBDIVISION TWO OF THIS SECTION IF THE CONFESSION
OR CONFIDENCE WAS MADE TO HIM OR HER IN HIS OR HER PROFESSIONAL  CHARAC-
TER AS SPIRITUAL ADVISOR.
  4.  WHEN  A  MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT
CONDUCT DESCRIBED UNDER THIS SECTION HAS OCCURRED BASED UPON ANY  INFOR-
MATION  RECEIVED  OTHER  THAN  THROUGH  A  CONFESSION OR CONFIDENCE MADE
PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THEN SUCH MEMBER  OF  THE
CLERGY  SHALL  PROMPTLY  MAKE A REPORT AS REQUIRED BY SUBDIVISION TWO OF
THIS SECTION NOTWITHSTANDING THE FACT THAT  HE  OR  SHE  MAY  HAVE  ALSO
RECEIVED  A  REPORT  OF  ABUSE  OR  MALTREATMENT THROUGH A CONFESSION OR
CONFIDENCE MADE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  5. THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION  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. 2158--C                          4

  6. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF  SUSPECTED  CHILD
ABUSE TO APPROPRIATE LAW ENFORCEMENT AGENCIES ARE REQUIRED TO COMPLETE A
TRAINING  PROGRAM  IN  THE  IDENTIFICATION AND REPORTING OF CHILD ABUSE.
SUCH PROGRAM SHALL BE APPROVED BY THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES.  THE  COMMISSIONER  SHALL  PROVIDE PUBLIC NOTICE THAT MANDATED
REPORTING TRAINING MATERIALS AND INFORMATION HAVE BEEN UPDATED AND SHALL
PRESCRIBE A PERIOD OF  COMPLIANCE  FOR  MANDATED  REPORTERS  TO  RECEIVE
UPDATED  TRAINING  INFORMATION,  INCLUDING  BUT NOT LIMITED TO, TRAINING
DISTRIBUTED BY THE OFFICE ON ITS PUBLIC WEBSITE.
  § 429-C. 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.
  §  429-D.  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.
  § 2. This act shall take effect one year after it shall have become  a
law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S2158C

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 19, 2018 - floor Vote

Floor Vote: Jun 19, 2018

May 22, 2018 - Finance committee Vote

Committee Vote: May 22, 2018

Jan 30, 2018 - Children and Families committee Vote

Committee Vote: Jan 30, 2018

Mar 1, 2017 - Children and Families committee Vote

Committee Vote: Mar 1, 2017

Bill Amendments

Co-Sponsors

S2158 - Details

S2158 - Summary

S2158 - Sponsor Memo

S2158 - Bill Text download pdf

Co-Sponsors

S2158A - Details

S2158A - Summary

S2158A - Sponsor Memo

S2158A - Bill Text download pdf

Co-Sponsors

S2158B - Details

S2158B - Summary

S2158B - Sponsor Memo

S2158B - Bill Text download pdf

Co-Sponsors

S2158C (ACTIVE) - Details

S2158C (ACTIVE) - Summary

S2158C (ACTIVE) - Sponsor Memo

S2158C (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2158C

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 19, 2018 - floor Vote

Floor Vote: Jun 19, 2018

May 22, 2018 - Finance committee Vote

Committee Vote: May 22, 2018

Jan 30, 2018 - Children and Families committee Vote

Committee Vote: Jan 30, 2018

Mar 1, 2017 - Children and Families committee Vote

Committee Vote: Mar 1, 2017

Bill Amendments

Co-Sponsors

S2158 - Details

S2158 - Summary

S2158 - Sponsor Memo

S2158 - Bill Text download pdf

Co-Sponsors

S2158A - Details

S2158A - Summary

S2158A - Sponsor Memo

S2158A - Bill Text download pdf

Co-Sponsors

S2158B - Details

S2158B - Summary

S2158B - Sponsor Memo

S2158B - Bill Text download pdf

Co-Sponsors

S2158C (ACTIVE) - Details

S2158C (ACTIVE) - Summary

S2158C (ACTIVE) - Sponsor Memo

S2158C (ACTIVE) - Bill Text download pdf

Comments