S T A T E O F N E W Y O R K
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5711
2019-2020 Regular Sessions
I N S E N A T E
May 13, 2019
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Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules and the social services
law, in relation to the "child abuse reporting expansion (CARE) act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "child
abuse reporting expansion (CARE) act".
§ 2. Section 4505 of the civil practice law and rules, as amended by
chapter 520 of the laws of 1965, is amended to read as follows:
§ 4505. Confidential communication to clergy privileged. Unless the
person confessing or confiding waives the privilege, a [clergyman] CLER-
GY MEMBER, or other minister of any religion or duly accredited Chris-
tian Science practitioner, shall not be allowed TO disclose a confession
or confidence made to him OR HER in his OR HER professional [character]
CAPACITY as spiritual advisor, EXCEPT WHEN THE CONFESSION OR CONFIDENCE
RELATES TO A MATTER INVOLVING ABUSE OR MALTREATMENT OF A MINOR. SUCH
PRIVILEGE SHALL NOT BE GROUNDS FOR FAILURE TO REPORT A CASE OF SUSPECTED
CHILD ABUSE OR MALTREATMENT, AS REQUIRED BY SECTION FOUR HUNDRED THIR-
TEEN OF THE SOCIAL SERVICES LAW, AND SHALL NOT BE GROUNDS FOR EXCLUDING
EVIDENCE OF CHILD ABUSE OR MALTREATMENT FROM ANY EXAMINATION, TRIAL, OR
OTHER JUDICIAL PROCEEDING IN WHICH THE COMMISSION OF SUCH ABUSE OR
MALTREATMENT IS A SUBJECT OF INQUIRY.
§ 3. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10180-02-9
S. 5711 2
maltreated child where the parent, guardian, custodian [or], other
person legally responsible for such child OR OTHER PERSON RELATED OR
UNRELATED TO SUCH CHILD comes before them in their professional or offi-
cial 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 assistant;
surgeon; medical examiner; coroner; dentist; dental hygienist; osteo-
path; optometrist; chiropractor; podiatrist; resident; intern; psychol-
ogist; registered nurse; social worker; emergency medical technician;
licensed creative arts therapist; licensed marriage and family thera-
pist; licensed mental health counselor; licensed psychoanalyst; licensed
behavior analyst; certified behavior analyst assistant; hospital person-
nel engaged in the admission, examination, care or treatment of persons;
a Christian Science practitioner; CLERGY MEMBER OR OTHER MINISTER OF ANY
RELIGION; school official, which includes but is not limited to school
teacher, school guidance counselor, school psychologist, school social
worker, school nurse, school administrator or other school personnel
required to hold a teaching or administrative license or certificate;
full or part-time compensated school employee required to hold a tempo-
rary 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 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; alcohol-
ism 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.
§ 4. Section 420 of the social services law, as added by chapter 1039
of the laws of 1973, is amended to read as follows:
§ 420. Penalties for failure to report. 1. Any person, official or
institution required by this title to report a case of suspected child
abuse or maltreatment who willfully fails to do so shall be guilty of a
class A misdemeanor FOR A FIRST OFFENSE AND A CLASS E FELONY FOR A
SECOND OR SUBSEQUENT OFFENSE.
2. ANY PERSON, OFFICIAL OR INSTITUTION REQUIRED BY THIS TITLE TO
REPORT A CASE OF SUSPECTED CHILD ABUSE OR MALTREATMENT WHO ACTS AS PART
OF A PLAN OR SCHEME HAVING AS ITS OBJECT THE PREVENTION OF DISCOVERY OF
CHILD ABUSE OR MALTREATMENT BY LAWFUL AUTHORITIES FOR THE PURPOSE OF
PROTECTING OR INSULATING ANY PERSON, OFFICIAL, OR INSTITUTION FROM
ARREST OR PROSECUTION, SHALL BE GUILTY OF A CLASS A MISDEMEANOR FOR A
FIRST OFFENSE AND A CLASS E FELONY FOR A SECOND OR SUBSEQUENT OFFENSE,
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REGARDLESS OF WHETHER THE SECOND OR SUBSEQUENT OFFENSE INVOLVES ANY OF
THE SAME FACTS OR PERSONS AS THE FIRST OR OTHER PRIOR OFFENSE.
3. Any person, official or institution required by this title to
report a case of suspected child abuse or maltreatment who knowingly and
willfully fails to do so shall be civilly liable for the damages proxi-
mately caused by such failure.
§ 5. This act shall take effect immediately.