NY State Assembly Bill 2019-A6662B

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 20, 2020	referred to rules delivered to senate passed assembly ordered to third reading rules cal.166 rules report cal.166 reported
Jul 17, 2020	reported referred to rules
Jul 15, 2020	print number 6662b
Jul 15, 2020	amend and recommit to codes
Jul 13, 2020	reported referred to codes
Jul 10, 2020	print number 6662a
Jul 10, 2020	amend (t) and recommit to children and families
Jan 08, 2020	referred to children and families
Mar 14, 2019	referred to children and families

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2019-A6662 - Details

See Senate Version of this Bill:: S5711
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A888, S1399
2023-2024: A1581, S3158

2019-A6662 - Summary

Enacts the child abuse reporting expansion act; relates to making clergy members required reporters of child abuse or mistreatment.

2019-A6662 - Bill Text download pdf

                            
 
                     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.

co-Sponsors

View additional co-sponsors

2019-A6662A - Details

See Senate Version of this Bill:: S5711
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A888, S1399
2023-2024: A1581, S3158

2019-A6662A - Summary

Enacts the child abuse reporting expansion act; relates to making clergy members required reporters of child abuse or mistreatment.

2019-A6662A - Bill Text download pdf

                            
 
                     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.

co-Sponsors

View additional co-sponsors

2019-A6662B (ACTIVE) - Details

See Senate Version of this Bill:: S5711
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A888, S1399
2023-2024: A1581, S3158

2019-A6662B (ACTIVE) - Summary

Enacts the child abuse reporting expansion act; relates to making clergy members required reporters of child abuse or mistreatment.

2019-A6662B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6662--B
 
                        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, JAFFEE -- 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  committee -- reported and referred to the Committee on Codes
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10180-07-0

 A. 6662--B                          2
 
 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;  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.  Subdivision  1  of  section  413  of the social services law is
 amended by adding five new paragraphs (e), (f), (g), (h) and (i) to read
 as follows:
   (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)  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 A
 CHILD  IS  AN  ABUSED  OR  MALTREATED  CHILD  BASED UPON ANY INFORMATION
 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) 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  PURSU-
 ANT 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-

 A. 6662--B                          3
 
 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.
   § 4. This act shall take effect immediately.

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Assembly Bill A6662B

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2019-A6662 - Details

2019-A6662 - Summary

2019-A6662 - Bill Text download pdf

co-Sponsors

2019-A6662A - Details

2019-A6662A - Summary

2019-A6662A - Bill Text download pdf

co-Sponsors

2019-A6662B (ACTIVE) - Details

2019-A6662B (ACTIVE) - Summary

2019-A6662B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A6662B

Share this bill

Sponsored By

WALLACE

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Aravella Simotas

Anthony D'Urso

Patrick Burke

Jo Anne Simon

2019-A6662 - Details

2019-A6662 - Summary

2019-A6662 - Bill Text download pdf

co-Sponsors

Aravella Simotas

Anthony D'Urso

Patrick Burke

Jo Anne Simon

2019-A6662A - Details

2019-A6662A - Summary

2019-A6662A - Bill Text download pdf

co-Sponsors

Aravella Simotas

Anthony D'Urso

Patrick Burke

Jo Anne Simon

2019-A6662B (ACTIVE) - Details

2019-A6662B (ACTIVE) - Summary

2019-A6662B (ACTIVE) - Bill Text download pdf

Comments