Senate Bill S3158

2023-2024 Legislative Session

Enacts the child abuse reporting expansion act

download bill text pdf

Sponsored By

Current 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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2023-S3158 (ACTIVE) - Details

See Assembly Version of this Bill:
A1581
Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd §413, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5711, A6662
2021-2022: S1399, A888

2023-S3158 (ACTIVE) - Summary

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

2023-S3158 (ACTIVE) - Sponsor Memo

2023-S3158 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3158
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01223-01-3
              

Comments

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Christopher_Diep
1 year ago

What’s the point of this bill if there’s a loophole for not reporting?

ceccatx
8 months ago

The bill being proposed currently closes the loophole for clergy. There is a petition on Change.org started by CFCtoo Coalition that needs signatures and support. Google the name to learn more about the case that led to their formation and the work they are doing to amend the NY's mandatory reporting laws. Known pedophiles have been allowed to evade prosecution in several states because members of the clergy who have knowledge of their illegal activities have not been required to report it to the police. This is shameful and will only stop when politicians have citizen urging them to defy the lobbying from the religious organizations that do not want this loophole closed.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.