A03526 Summary:

BILL NOA03526
 
SAME ASNo same as
 
SPONSORRyan
 
COSPNSR
 
MLTSPNSR
 
Amd S413, Soc Serv L
 
Enacts provisions relating to the reporting of child abuse; delineates what persons are required to report cases of suspected child abuse to law enforcement agencies; protects the sanctity of the confessional; defines members of the clergy and religious institution for purposes of this legislation.
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A03526 Actions:

BILL NOA03526
 
01/28/2013referred to children and families
01/08/2014referred to children and families
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A03526 Floor Votes:

There are no votes for this bill in this legislative session.
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A03526 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3526
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2013
                                       ___________
 
        Introduced  by  M. of A. RYAN -- read once and referred 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:
 

     1    Section 1. Subdivision 1 of section 413 of the social services law, as
     2  amended by chapter 366 of the laws of 2008 and paragraphs (a) and (c) as
     3  amended  by  section  3 of part D of chapter 501 of the laws of 2012, is
     4  amended to read as follows:
     5    1. (a) The following persons and officials are required to  report  or
     6  cause  a  report to be made in accordance with this title when they have
     7  reasonable cause to suspect that a child coming  before  them  in  their
     8  professional  or  official capacity is an abused or maltreated child, or
     9  when they have reasonable cause to suspect that a child is an abused  or
    10  maltreated  child  where the parent, guardian, custodian or other person
    11  legally responsible for such child comes before them  in  their  profes-
    12  sional  or  official  capacity and states from personal knowledge facts,

    13  conditions or circumstances which, if correct, would render the child an
    14  abused or maltreated child: any physician; registered physician  assist-
    15  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    16  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    17  psychologist; registered nurse; social worker; emergency medical techni-
    18  cian;  licensed  creative  arts  therapist; licensed marriage and family
    19  therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
    20  hospital personnel engaged in the admission, examination, care or treat-
    21  ment of persons; member of the clergy; a Christian Science practitioner;
    22  school  official,  which  includes but is not limited to school teacher,
    23  school guidance counselor, school psychologist,  school  social  worker,
    24  school nurse, school administrator or other school personnel required to

    25  hold  a  teaching  or  administrative  license  or  certificate;  social
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05825-01-3

        A. 3526                             2
 
     1  services worker; director of a children's  overnight  camp,  summer  day
     2  camp  or traveling summer day camp, as such camps are defined in section
     3  thirteen hundred ninety-two of the public health law;  day  care  center
     4  worker; school-age child care worker; provider of family or group family
     5  day  care;  or any other child care or foster care worker; mental health
     6  professional;  substance  abuse  counselor;  alcoholism  counselor;  all
     7  persons  credentialed  by  the  office of alcoholism and substance abuse

     8  services; peace officer; police officer; district attorney or  assistant
     9  district  attorney;  investigator  employed  in the office of a district
    10  attorney; or other law enforcement official.
    11    (b) Whenever such person is required to report under this title in his
    12  or her capacity as a member of the staff of a medical or other public or
    13  private institution, school, facility or agency, he or  she  shall  make
    14  the  report  as required by this title and immediately notify the person
    15  in charge of such institution, school, facility or agency, or his or her
    16  designated agent. Such person in charge, or the designated agent of such
    17  person, shall be responsible for all subsequent administration  necessi-
    18  tated  by  the  report.  Any  report  shall  include the name, title and
    19  contact information for every staff person of  the  institution  who  is

    20  believed  to  have  direct  knowledge  of the allegations in the report.
    21  Nothing in this section or title is intended to require  more  than  one
    22  report from any such institution, school or agency.
    23    (c) A medical or other public or private institution, school, facility
    24  or  agency shall not take any retaliatory personnel action, as such term
    25  is defined in paragraph (e) of subdivision one of section seven  hundred
    26  forty  of  the  labor  law,  against  an  employee because such employee
    27  believes that he or she has reasonable cause to suspect that a child  is
    28  an abused or maltreated child and that employee therefore makes a report
    29  in  accordance  with  this title. No school, school official, child care
    30  provider, foster care  provider,  residential  care  facility  provider,
    31  hospital, medical institution provider or mental health facility provid-

    32  er  shall  impose  any  conditions,  including  prior  approval or prior
    33  notification, upon a member of  their  staff  specifically  required  to
    34  report  under  this  title. At the time of the making of a report, or at
    35  any time thereafter, such person or official may exercise the  right  to
    36  request,  pursuant  to paragraph (A) of subdivision four of section four
    37  hundred twenty-two of this title, the findings of an investigation  made
    38  pursuant to this title.
    39    (d)  Social  services workers are required to report or cause a report
    40  to be made in accordance with this title when they have reasonable cause
    41  to suspect that a child is an abused or maltreated child where a  person
    42  comes  before them in their professional or official capacity and states
    43  from personal knowledge facts, conditions  or  circumstances  which,  if
    44  correct, would render the child an abused or maltreated child.

    45    (e)  Unless the person confessing or confiding waives the privilege, a
    46  member of the clergy, or other minister of any religion or duly  accred-
    47  ited  Christian  Science  practitioner,  shall not be required to make a
    48  report  as  required  by  paragraph  (a)  of  this  subdivision  if  the
    49  confession  or  confidence  was made to him or her in his or her profes-
    50  sional character as spiritual advisor.
    51    (f) When a member of the clergy has reasonable cause to suspect that a
    52  child is an abused  or  maltreated  child  based  upon  any  information
    53  received  other than through a confession or confidence made pursuant to
    54  paragraph (e) of this subdivision, then such member of the clergy  shall

    55  promptly  make a report as required by paragraph (a) of this subdivision
    56  notwithstanding the fact that he or she may have also received a  report

        A. 3526                             3
 
     1  of  abuse or maltreatment through a confession or confidence made pursu-
     2  ant to paragraph (e) of this subdivision.
     3    (g)  The  provisions of paragraph (e) of this subdivision shall not be
     4  deemed to exempt a member of the clergy from any other  requirements  of
     5  law to prevent the perpetrator from committing additional acts of abuse.
     6    (h) For the purposes of this subdivision the term "member of the cler-
     7  gy"  shall have the same definition as the term "clergyman" as set forth

     8  in section two of the religious corporations law and shall also  include
     9  any person responsible for supervising a member of the clergy of a reli-
    10  gious  institution  or responsible for the administration of a religious
    11  institution.
    12    (i) For the purposes of this subdivision the term "religious  institu-
    13  tion"  shall  mean a religious corporation created to enable its members
    14  to meet for divine worship or other religious observances or  a  congre-
    15  gation,  society,  or  other assemblage of persons who are accustomed to
    16  statedly meet for divine worship or other religious observances, without
    17  having been incorporated for that purpose, as provided in section two of
    18  the religious corporations law.

    19    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    20  have  become a law; provided, however, that the amendments to paragraphs
    21  (a) and (c) of subdivision 1 of section 413 of the social  services  law
    22  made  by  section one of this act shall take effect on the same date and
    23  in the same manner as section 3 of part D of chapter 501 of the laws  of
    24  2012, takes effect.
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