Senate Bill S9899

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9899
 
                             I N  S E N A T E
 
                              April 13, 2026
                                ___________
 
 Introduced  by  Sen. ZELLNER -- 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  chapter 733 of the   laws of  2023,  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 profes-
 sional 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 assist-
 ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 athletic trainer; psychologist; registered nurse; social  worker;  emer-
 gency  medical  technician;  licensed  creative 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, examina-
 tion, 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  counse-
 lor,  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 temporary coaching license or profes-
 sional coaching certificate; social services worker; employee of a publ-
 icly-funded emergency shelter for families with children; director of  a
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07412-03-6
 S. 9899                             2
 
 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;  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 employ-
 ees 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 THE MEMBER OF THE CLERGY, MINISTER,
 OR  CHRISTIAN SCIENCE PRACTITIONER IN SUCH PERSON'S PROFESSIONAL CHARAC-
 TER 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  MEMBER  OF  THE  CLERGY  MAY  HAVE  ALSO
 RECEIVED  A  REPORT  OF  ABUSE  OR  MALTREATMENT THROUGH A CONFESSION OR
 CONFIDENCE MADE PURSUANT 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.