S T A T E O F N E W Y O R K
________________________________________________________________________
1967
2019-2020 Regular Sessions
I N S E N A T E
January 18, 2019
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Social Services
AN ACT to amend the social services law, in relation to the reporting of
child abuse; and to amend the penal law, in relation to falsely
reporting an incident in the third degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by section 7 of part C of chapter 57 of the
laws of 2018, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08128-02-9
S. 1967 2
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;
employee of a publicly-funded emergency shelter for families with chil-
dren; director of a children's overnight camp, summer day camp or trav-
eling 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; employees, who are expected to have regular and substantial
contact with children, of a health home or health home care management
agency contracting with a health home as designated by the department of
health and authorized under section three hundred sixty-five-l of this
chapter or such employees who provide home and community based services
under a demonstration 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; or other law enforcement official.
§ 2. Subdivision 1 of section 413 of the social services law is
amended by adding three new paragraphs (e), (f) and (g) to read as
follows:
(E) UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE
PURSUANT TO SECTION FORTY-FIVE HUNDRED FIVE OF THE CIVIL PRACTICE LAW
AND RULES, A MEMBER OF THE CLERGY OR DULY ACCREDITED CHRISTIAN SCIENCE
PRACTITIONER SHALL NOT BE REQUIRED TO MAKE A REPORT AS REQUIRED BY PARA-
GRAPH (A) OF THIS SUBDIVISION IF THE CONFESSION OR CONFIDENCE WAS MADE
TO HIM OR HER IN HIS OR HER PROFESSIONAL CHARACTER AS SPIRITUAL ADVISOR.
(F) THE PROVISIONS FOR PARAGRAPH (E) OF THIS SUBDIVISION SHALL NOT BE
DEEMED TO EXEMPT A MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITION-
ER FROM ANY OTHER REQUIREMENTS OF LAW TO PREVENT THE PERPETRATOR FROM
COMMITTING ADDITIONAL ACTS OF ABUSE.
(G) FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "MEMBER OF THE CLER-
GY" SHALL HAVE THE SAME MEANING AS DEFINED UNDER SUBDIVISION FOUR OF
SECTION FOUR HUNDRED TWENTY-NINE-A OF THIS ARTICLE.
§ 3. 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 LAW ENFORCEMENT AUTHORITIES.
429-C. PENALTIES FOR FAILURE TO REPORT.
429-D. IMMUNITY FROM LIABILITY.
429-E. TRAINING.
§ 429-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "CHILD ABUSE" SHALL MEAN ANY OF THE FOLLOWING ACTS COMMITTED
AGAINST A CHILD BY PERSONS OR OFFICIALS DEFINED UNDER SECTION FOUR
HUNDRED TWENTY-NINE-B OF THIS TITLE, WHO ARE EIGHTEEN YEARS OF AGE OR
OLDER: (A) INTENTIONALLY OR RECKLESSLY INFLICTING PHYSICAL INJURY, SERI-
OUS PHYSICAL INJURY OR DEATH, OR (B) INTENTIONALLY OR RECKLESSLY ENGAG-
S. 1967 3
ING IN CONDUCT WHICH CREATES A SUBSTANTIAL RISK OF SUCH PHYSICAL INJU-
RY, SERIOUS PHYSICAL INJURY OR DEATH, OR (C) CONDUCT PROHIBITED BY
ARTICLE ONE HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE OF THE PENAL LAW,
OR (D) THE COMMISSION OR ATTEMPTED COMMISSION AGAINST A CHILD OF THE
CRIME OF DISSEMINATING INDECENT MATERIALS TO MINORS PURSUANT TO ARTICLE
TWO HUNDRED THIRTY-FIVE OF THE PENAL LAW.
2. "CHILD" SHALL MEAN A PERSON UNDER THE AGE OF EIGHTEEN YEARS.
3. "LAW ENFORCEMENT AUTHORITIES" SHALL MEAN A MUNICIPAL POLICE DEPART-
MENT, SHERIFF'S DEPARTMENT, THE DIVISION OF STATE POLICE OR ANY OFFICER
THEREOF. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, LAW ENFORCEMENT
AUTHORITIES SHALL NOT INCLUDE ANY CHILD PROTECTIVE SERVICE OR ANY SOCIE-
TY FOR THE PREVENTION OF CRUELTY TO CHILDREN AS SUCH TERMS ARE DEFINED
IN SECTION FOUR HUNDRED TWENTY-THREE OF THIS ARTICLE.
4. "MEMBER OF THE CLERGY" SHALL MEAN ANY DULY AUTHORIZED PASTOR,
RECTOR, DEACON, PRIEST, RABBI, PANDIT, SWAMI, GURU, GRANTHI, IMAM, MOUL-
VI, MAULANA AND A PERSON HAVING AUTHORITY FROM, OR IN ACCORDANCE WITH,
THE RULES AND REGULATIONS OF THE GOVERNING ECCLESIASTICAL BODY OF THE
DENOMINATION OR ORDER, IF ANY, TO WHICH THE CHURCH BELONGS, OR OTHERWISE
FROM THE CHURCH OR SYNAGOGUE TO PRESIDE OVER AND DIRECT THE SPIRITUAL
AFFAIRS OF THE CHURCH OR SYNAGOGUE.
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.
§ 429-B. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF SUSPECTED
CHILD ABUSE TO LAW ENFORCEMENT AUTHORITIES. 1. THE FOLLOWING PERSONS AND
OFFICIALS ARE REQUIRED TO REPORT OR CAUSE A REPORT TO BE MADE TO THE
APPROPRIATE LAW ENFORCEMENT AUTHORITIES WHEN THEY HAVE REASONABLE SUSPI-
CION TO BELIEVE THAT IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY AN ACT
OF CHILD ABUSE HAS OCCURRED: ANY PHYSICIAN; REGISTERED PHYSICIAN
ASSISTANT; SURGEON; MEDICAL EXAMINER; CORONER; DENTIST; DENTAL HYGIEN-
IST; OSTEOPATH; OPTOMETRIST; CHIROPRACTOR; PODIATRIST; RESIDENT; INTERN;
PSYCHOLOGIST; REGISTERED NURSE; EMERGENCY MEDICAL TECHNICIAN; HOSPITAL
PERSONNEL ENGAGED IN THE ADMISSION, EXAMINATION, CARE OR TREATMENT OF
PERSONS; MEMBER OF THE CLERGY; A CHRISTIAN SCIENCE PRACTITIONER; SUCH
SCHOOL OFFICIAL, WHICH INCLUDES BUT NOT LIMITED TO A 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, OR 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 WORKER; PROVIDER
OF FAMILY OR GROUP FAMILY DAY CARE; EMPLOYEE OR VOLUNTEER IN A RESIDEN-
TIAL CARE FACILITY OR ANY OTHER CHILD CARE OF FOSTER CARE WORKER; MENTAL
HEALTH PROFESSIONAL; SUBSTANCE ABUSE COUNSELOR; ALCOHOLISM COUNSELOR;
PEACH OFFICER; POLICE OFFICER; DISTRICT ATTORNEY OR ASSISTANT DISTRICT
ATTORNEY; INVESTIGATOR EMPLOYED IN THE OFFICE OF A DISTRICT ATTORNEY; OR
OTHER LAW ENFORCEMENT OFFICIAL.
(A) UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE,
PURSUANT TO SECTION FORTY-FIVE HUNDRED FIVE OF THE CIVIL PRACTICE LAW
AND RULES, A MEMBER OF THE CLERGY, OR DULY ACCREDITED CHRISTIAN SCIENCE
PRACTITIONER, SHALL NOT BE REQUIRED TO MAKE A REPORT AS REQUIRED PURSU-
ANT TO SUBDIVISION ONE OF THIS SECTION IF THE CONFESSION OR CONFIDENCE
S. 1967 4
WAS MADE TO HIM OR HER IN HIS OR HER PROFESSIONAL CHARACTER AS SPIRITUAL
ADVISOR.
(B) WHEN A MEMBER OF THE CLERGY HAS REASONABLE SUSPICION TO BELIEVE
THAT AN ACT OF CHILD ABUSE HAS OCCURRED BASED UPON INFORMATION RECEIVED
OTHER THAN THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION, THEN SUCH MEMBER OF THE CLERGY SHALL PROMPTLY
MAKE A REPORT AS REQUIRED BY THIS SUBDIVISION NOTWITHSTANDING THE FACT
THAT HE OR SHE MAY HAVE ALSO RECEIVED A REPORT OF CHILD ABUSE THROUGH A
CONFESSION OR CONFIDENCE MADE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
SION.
(C) THE PROVISIONS OF PARAGRAPH (A) 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.
2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE THE REPORT OF
INFORMATION BY A PERSON REQUIRED TO REPORT HEREIN WHEN SUCH INFORMATION
IS OTHERWISE PRIVILEGED FROM DISCLOSURE BY LAW.
§ 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 TO REPORT.
§ 429-D. IMMUNITY FROM LIABILITY. ANY PERSON WHO REASONABLY AND IN
GOOD FAITH MAKES A REPORT OF ALLEGATIONS OF CHILD ABUSE AS REQUIRED
PURSUANT TO THIS TITLE SHALL HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR
CRIMINAL, THAT MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS.
§ 429-E. TRAINING. 1. ALL PERSONS OR OFFICIALS REQUIRED TO REPORT
CASES OF SUSPECTED CHILD ABUSE TO LAW ENFORCEMENT EMPLOYED ON OR AFTER
THE EFFECTIVE DATE OF THIS TITLE SHALL BE REQUIRED TO COMPLETE TWO HOURS
OF COURSEWORK OR TRAINING REGARDING THE IDENTIFICATION AND REPORTING OF
CHILD ABUSE AND MALTREATMENT. THE COURSEWORK OR TRAINING SHALL BE
OBTAINED FORM AN INSTITUTION OR PROVIDER WHICH HAS BEEN APPROVED BY THE
DEPARTMENT TO PROVIDE SUCH COURSEWORK OR TRAINING. THE COURSEWORK OR
TRAINING SHALL INCLUDE INFORMATION REGARDING THE PHYSICAL AND BEHAVIORAL
INDICATORS OF CHILD ABUSE AND MALTREATMENT AND THE STATUTORY REPORTING
REQUIREMENTS SET FORTH UNDER THIS TITLE AS WELL AS SECTION FOUR HUNDRED
THIRTEEN THROUGH FOUR HUNDRED TWENTY OF THIS ARTICLE, INCLUDING BUT NOT
LIMITED TO, WHEN AND HOW A REPORT MUST BE MADE, WHAT OTHER ACTIONS THE
REPORTER IS MANDATED OR AUTHORIZED TO TAKE, THE LEGAL PROTECTIONS
AFFORDED REPORTERS, AND THE CONSEQUENCES FOR FAILING TO REPORT. THE
DEPARTMENT SHALL BE AUTHORIZED TO PUBLISH A LIST OF PERSON WHO ARE NOT
IN COMPLIANCE WITH THIS SUBDIVISION ON ITS WEBSITE.
2. THE COURSEWORK OR TRAINING REQUIRED BY THIS SECTION SHALL NOT APPLY
TO THOSE PERSONS ALREADY REQUIRED TO UNDERGO COURSEWORK OR TRAINING
REGARDING THE IDENTIFICATION AND REPORTING OF CHILD ABUSE AND MALTREAT-
MENT PURSUANT TO ANY OTHER PERTINENT SECTION OF LAW.
§ 4. Paragraph (b) of subdivision 4 of section 240.50 of the penal
law, as amended by section 1 of part G of chapter 501 of the laws of
2012, is amended and a new paragraph (c) is added to read as follows:
(b) any person required to report cases of suspected child abuse or
maltreatment pursuant to subdivision one of section four hundred thir-
teen of the social services law or to report cases of suspected abuse or
neglect of a vulnerable person pursuant to section four hundred ninety-
one of such law, knowing that the person is required to report such
cases, and with the intent that such an alleged occurrence be reported
S. 1967 5
to the statewide central register or vulnerable persons' central regis-
ter[.], OR
(C) ANY PERSON REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE TO
LAW ENFORCEMENT PURSUANT TO TITLE SIX-B OF ARTICLE SIX OF THE SOCIAL
SERVICES LAW.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however that the form used to report
suspected cases of child abuse be revised, as necessary, by the office
of children and family services prior to the effective date of this act
so that it is applicable for reporting to law enforcement agencies.
