The New York State Senate

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

                                  4994

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2019
                               ___________

Introduced  by  M.  of  A. GALEF, LALOR -- 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.  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:
  (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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06726-01-9

A. 4994                             2

  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
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-

A. 4994                             3

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.
  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.

A. 4994                             4

  § 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.