The New York State Senate

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

                                  6662

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                             March 14, 2019
                               ___________

Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
  tee on Children and Families

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

A. 6662                             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,

A. 6662                             3

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.

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

                                 6662--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                             March 14, 2019
                               ___________

Introduced  by  M. of A. WALLACE, SIMOTAS, D'URSO, BURKE, SIMON, STIRPE,
  BUTTENSCHON -- read once and referred to the Committee on Children and
  Families -- recommitted to the Committee on Children and  Families  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the social services law, in relation to establishing the
  "child abuse reporting expansion 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 act".
  §  2.  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
professional or official capacity and  states  from  personal  knowledge
facts,  conditions  or circumstances which, if correct, would render the
child an abused or maltreated child: any physician; registered physician
assistant; surgeon; medical examiner; coroner; dentist;  dental  hygien-
ist; 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-

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

                                                           LBD10180-06-0

A. 6662--A                          2

tal personnel 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 psychol-
ogist, 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 temporary coaching license or  professional  coaching  certif-
icate;  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 counse-
lor; 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.
  § 3. This act shall take effect immediately.