S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1399
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 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-
 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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02243-01-1

 S. 1399                             2
 
 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-
 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.