NY State Senate Bill 2019-S1257A

Archive: Last Bill Status - In Senate Committee Children And Families 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to children and families
May 22, 2019	print number 1257a
May 22, 2019	amend and recommit to children and families
Jan 11, 2019	referred to children and families

Bill Amendments

Original

A (Active)

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2019-S1257 - Details

See Assembly Version of this Bill:: A4994
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Add Art 6 Title 6-B §§429-a - 429-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8151
2017-2018: S2158, A11161
2021-2022: S2824, A7015
2023-2024: S4670

2019-S1257 - Summary

Requires certain persons and officials to report child abuse or suspected child abuse to law enforcement authorities.

2019-S1257 - Sponsor Memo

                                
 
BILL NUMBER: S1257

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the social services law, in relation to the reporting of
child abuse

 
PURPOSE:

Requires certain persons and officials to report child abuse or
suspected child abuse to law enforcement authorities

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new title 6-B of the Social Services law to create
reporting requirements of suspected child abuse to law enforcement where
it does not involve a family member for the purposes of the social secu-
rity law. Adds a new provision for reporting by persons eighteen and
older who are employed or affiliated with an organization that provides
services or programming to children.  Provides for training requirements

for mandated reporting and directs the Commissioner of the Office of
Children and Family Services to prescribe a period of compliance to
receive updated training. Also provides for penalties for willful fail-
ure to report suspected abuse and immunity from liability for reporting
suspected abuse in good faith.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

New York currently has a system in place mandating specified individuals
to report suspected child abuse or maltreatment. This system, however,
is constrained by the Family Court Act which defines an abused child as
"a child less than eighteen years of age whose parent or other person
legally responsible for his care" commits certain delineated acts. As a
result of this language, mandated reporters are only required to report
suspected instances of child abuse that occur in a domestic setting.
However, as countless recent cases indicate, all too often abuse happens
at the hands of those outside of the family, by those persons known to
the child who have often have a position of trust or authority in their
lives.

For example, in Dutchess County, a prominent County Legislator and Boy
Scout Troop Leader was convicted of sexually abusing two boy scouts in
his troop. Although the boys reported the abuse to a person within the
Boy Scout organization, the allegations were never reported to the
parents or even law enforcement. This case is not unusual as the majori-
ty of child sexual abuse happens at the hands of someone that the child
knows and trusts. In fact, according to the National Sex Offender Public
Registry, 60% of those who sexually abuse children turn out to be indi-
viduals known to the child, but are not family members.

This bill will strengthen the law by amending the mandatory reporting
section of the Social Services Law to construct a system for these indi-
viduals, as well as individuals eighteen and older who are employed or
affiliated - paid or unpaid - with an organization that provides
services and programming to children, to report suspected cases of child
abuse outside of the domestic setting. These reports will be required to
go directly to law enforcement and will close a significant loophole in
the current system in New York and ensure that we have a robust process
of reporting and investigation.

This mandatory reporting requirement will help bring victims out of the
shadows and assist in identifying more unreported/under-reported cases
of abuse in our communities and establish another significant investi-
gative tool for law enforcement.

 
LEGISLATIVE HISTORY:

2018: S.2158C Passed Senate
2017: S.2158A Reported to Finance
2016: S.8151 Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
On the sixtieth day after it shall have become a law.

2019-S1257 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1257
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sens. SERINO, AKSHAR, GALLIVAN, HELMING, JACOBS, RANZEN-
   HOFER -- read twice and  ordered  printed,  and  when  printed  to  be
   committed 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

 S. 1257                             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-

 S. 1257                             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.

 S. 1257                             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.

co-Sponsors

View additional co-sponsors

2019-S1257A (ACTIVE) - Details

See Assembly Version of this Bill:: A4994
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Add Art 6 Title 6-B §§429-a - 429-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8151
2017-2018: S2158, A11161
2021-2022: S2824, A7015
2023-2024: S4670

2019-S1257A (ACTIVE) - Summary

Requires certain persons and officials to report child abuse or suspected child abuse to law enforcement authorities.

2019-S1257A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1257A

SPONSOR: SERINO
 
TITLE OF BILL:  An act to amend the social services law, in relation
to the reporting of child abuse

 
PURPOSE:

Requires certain persons and officials to report child abuse or
suspected child abuse to law enforcement authorities

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new title 6-B of the Social Services law to create
reporting requirements of suspected child abuse to law enforcement where
it does not involve a family member for the purposes of the social secu-
rity law. Adds a new provision for reporting by persons eighteen and
older who are employed or affiliated with an organization that provides
services or programming to children.  Provides for training requirements
for mandated reporting and directs the Commissioner of the Office of
Children and Family Services to prescribe a period of compliance to

receive updated training. Also provides for penalties for willful fail-
ure to report suspected abuse and immunity from liability for reporting
suspected abuse in good faith.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

New York currently has a system in place mandating specified individuals
to report suspected child abuse or maltreatment. This system, however,
is constrained by the Family Court Act which defines an abused child as
"a child less than eighteen years of age whose parent or other person
legally responsible for his care" commits certain delineated acts. As a
result of this language, mandated reporters are only required to report
suspected instances of child abuse that occur in a domestic setting.
However, as countless recent cases indicate, all too often abuse happens
at the hands of those outside of the family, by those persons known to
the child who have often have a position of trust or authority in their
lives.

For example, in Dutchess County, a prominent County Legislator and Boy
Scout Troop Leader was convicted of sexually abusing two boy scouts in
his troop. Although the boys reported the abuse to a person within the
Boy Scout organization, the allegations were never reported to the
parents or even law enforcement. This case is not unusual as the majori-
ty of child sexual abuse happens at the hands of someone that the child
knows and trusts. In fact, according to the National Sex Offender Public
Registry, 60% of those who sexually abuse children turn out to be indi-
viduals known to the child, but are not family members.

This bill will strengthen the law by amending the mandatory reporting
section of the Social Services Law to construct a system for these indi-
viduals, as well as individuals eighteen and older who are employed or
affiliated - paid or unpaid - with an organization that provides
services and programming to children, to report suspected cases of child
abuse outside of the domestic setting. These reports will be required to
go directly to law enforcement and will close a significant loophole in

the current system in New York and ensure that we have a robust process
of reporting and investigation.

This mandatory reporting requirement will help bring victims out of the
shadows and assist in identifying more unreported/under-reported cases
of abuse in our communities and establish another significant investi-
gative tool for law enforcement.

 
LEGISLATIVE HISTORY:

2018: S.2158C Passed Senate
2017: S.2158A Reported to Finance
2016: 5.8151 Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
On the sixtieth day after it shall have become a law.

2019-S1257A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1257--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sens. SERINO, AKSHAR, GALLIVAN, HELMING, JACOBS, RANZEN-
   HOFER -- read twice and  ordered  printed,  and  when  printed  to  be
   committed  to  the  Committee  on  Children  and Families -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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

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

                                                            LBD06726-02-9

 S. 1257--A                          2
 
   (D) ENGAGES IN ANY CONDUCT PROHIBITED BY ARTICLE ONE HUNDRED THIRTY OR
 TWO HUNDRED SIXTY-THREE OF THE PENAL LAW;
   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-

 S. 1257--A                          3
 
 TIALED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES; EMPLOY-
 EES, WHO ARE EXPECTED TO HAVE REGULAR AND SUBSTANTIAL CONTACT WITH CHIL-
 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.  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.
   §  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.

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Senate Bill S1257A

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Bill Amendments

co-Sponsors

2019-S1257 - Details

2019-S1257 - Summary

2019-S1257 - Sponsor Memo

2019-S1257 - Bill Text download pdf

co-Sponsors

2019-S1257A (ACTIVE) - Details

2019-S1257A (ACTIVE) - Summary

2019-S1257A (ACTIVE) - Sponsor Memo

2019-S1257A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1257A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Bill Amendments

co-Sponsors

2019-S1257 - Details

2019-S1257 - Summary

2019-S1257 - Sponsor Memo

2019-S1257 - Bill Text download pdf

co-Sponsors

2019-S1257A (ACTIVE) - Details

2019-S1257A (ACTIVE) - Summary

2019-S1257A (ACTIVE) - Sponsor Memo

2019-S1257A (ACTIVE) - Bill Text download pdf

Comments