STATE OF NEW YORK
________________________________________________________________________
4994--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 6, 2019
___________
Introduced by M. of A. GALEF, LALOR -- read once and referred to the
Committee on Children and Families -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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. Article 6 of the social services law is amended by adding
2 a new title 6-B to read as follows:
3 TITLE 6-B
4 REPORTS OF CHILD ABUSE TO
5 LAW ENFORCEMENT
6 Section 429-a. Definitions.
7 429-b. Persons and officials required to report cases of
8 suspected child abuse to appropriate law enforcement.
9 429-c. Penalties for failure to report.
10 429-d. Immunity from liability.
11 § 429-a. Definitions. For the purposes of this title the term:
12 1. "abused child" shall mean a child under the age of eighteen years
13 upon whom a person eighteen years of age or older who is not the parent
14 or other person legally responsible for such child's care:
15 (a) intentionally or recklessly inflicts physical injury, serious
16 physical injury or death, or
17 (b) intentionally or recklessly engages in conduct which creates a
18 substantial risk of physical injury, serious physical injury or death,
19 or
20 (c) commits or attempts to commit against a child the crime of dissem-
21 inating indecent materials to minors pursuant to article two hundred
22 thirty-five of the penal law, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06726-03-9
A. 4994--A 2
1 (d) engages in any conduct prohibited by article one hundred thirty or
2 two hundred sixty-three of the penal law;
3 2. "law enforcement authorities" shall mean a municipal police depart-
4 ment, sheriff's department, the division of state police or any officer
5 thereof or a district attorney or assistant district attorney. Notwith-
6 standing any other provision of law, law enforcement authorities shall
7 not include any child protective service or any society for the
8 prevention of cruelty to children as such terms are defined in section
9 four hundred twenty-three of this article;
10 3. "organization" shall mean a sole proprietor, partnership, corpo-
11 ration, limited liability company, trust, association, financial insti-
12 tution, governmental entity other than the federal government, and any
13 other individual or group engaged in a trade, occupation, enterprise,
14 governmental function, charitable function, or similar activity in this
15 state whether or not the entity is operated as a nonprofit or for-profit
16 entity;
17 4. "member of the clergy" shall have the same definition as the term
18 "clergyman" as set forth in section two of the religious corporations
19 law and shall also include any person responsible for supervising a
20 member of the clergy of a religious institution or responsible for the
21 administration of a religious institution;
22 5. "religious institution" shall mean a religious corporation created
23 to enable its members to meet for divine worship or other religious
24 observances or a congregation, society, or other assemblage of persons
25 who are accustomed to statedly meet for divine worship or other reli-
26 gious observances, without having been incorporated for that purpose, as
27 provided in section two of the religious corporations law.
28 § 429-b. Persons and officials required to report cases of suspected
29 child abuse to appropriate law enforcement. 1. The following persons and
30 officials are required to report or cause a report to be made to an
31 appropriate law enforcement agency when they have reasonable cause to
32 suspect in their professional or official capacity that a child is an
33 abused child: any physician; registered physician assistant; surgeon;
34 medical examiner; coroner; dentist; dental hygienist; osteopath; optome-
35 trist; chiropractor; podiatrist; resident; intern; psychologist; regis-
36 tered nurse; social worker; emergency medical technician; licensed crea-
37 tive arts therapist; licensed marriage and family therapist; licensed
38 mental health counselor; licensed psychoanalyst; licensed behavior
39 analyst; certified behavior analyst assistant; hospital personnel
40 engaged in the admission, examination, care or treatment of persons; a
41 member of the clergy, a Christian Science practitioner; school official,
42 which includes but is not limited to school teacher, school guidance
43 counselor, school psychologist, school social worker, school nurse,
44 school administrator or other school personnel required to hold a teach-
45 ing or administrative license or certificate; full or part-time compen-
46 sated school employee required to hold a temporary coaching license or
47 professional coaching certificate; social services worker; employee of a
48 publicly-funded emergency shelter for families with children; director
49 of a children's overnight camp, summer day camp or traveling summer day
50 camp, as such camps are defined in section thirteen hundred ninety-two
51 of the public health law; day care center worker; school-age child care
52 worker; provider of family or group family day care; employee or volun-
53 teer in a residential care facility for children that is licensed,
54 certified or operated by the office of children and family services; or
55 any other child care or foster care worker; mental health professional;
56 substance abuse counselor; alcoholism counselor; all persons creden-
A. 4994--A 3
1 tialed by the office of alcoholism and substance abuse services; employ-
2 ees, who are expected to have regular and substantial contact with chil-
3 dren, of a health home or health home care management agency contracting
4 with a health home as designated by the department of health and author-
5 ized under section three hundred sixty-five-l of this chapter or such
6 employees who provide home and community based services under a demon-
7 stration program pursuant to section eleven hundred fifteen of the
8 federal social security act who are expected to have regular and
9 substantial contact with children; peace officer; police officer;
10 district attorney or assistant district attorney; investigator employed
11 in the office of a district attorney; other law enforcement official; or
12 any person eighteen years of age or older, through his or her affil-
13 iation, or in his or her official, professional, or supervisory capaci-
14 ty, either paid or unpaid, with an organization that provides services,
15 programming or supervision to a person less than eighteen years of age.
16 2. Reports of suspected child abuse shall be made immediately by tele-
17 phone or by telephone facsimile on a form supplied by the commissioner
18 of the office of children and family services to an appropriate law
19 enforcement agency. Such telephone reports shall be followed by a report
20 in writing within twenty-four hours after such oral report. The
21 provisions of article twenty-three-B of the education law shall apply
22 when allegations of abuse or maltreatment by an employee or volunteer
23 under such article are made in an educational setting. Nothing in this
24 subdivision shall require a person or official required to report cases
25 of suspected child abuse to additionally notify the statewide register
26 of child abuse and maltreatment unless the relationship of the victim to
27 the alleged perpetrator is in doubt. Notwithstanding any other provision
28 of law, law enforcement agency shall not include any child protective
29 service or any society for the prevention of cruelty to children as such
30 terms are defined in section four hundred twenty-three of this article.
31 3. Persons and officials required to report cases of suspected child
32 abuse to appropriate law enforcement agencies are required to complete a
33 training program in the identification and reporting of child abuse.
34 Such program shall be approved by the office of children and family
35 services. The commissioner shall provide public notice that mandated
36 reporting training materials and information have been updated and shall
37 prescribe a period of compliance for mandated reporters to receive
38 updated training information, including but not limited to, training
39 distributed by the office on its public website.
40 § 429-c. Penalties for failure to report. 1. Any person required by
41 this title to report a case of suspected child abuse who willfully fails
42 to do so shall be guilty of a class A misdemeanor.
43 2. Any person required by this title to report a case of suspected
44 child abuse who knowingly and willfully fails to do so shall be civilly
45 liable for the damages proximately caused by such failure.
46 § 429-d. Immunity from liability. 1. Any person who in good faith
47 makes a report of allegations of child abuse as required by this title,
48 including those who in good faith make a report to the wrong recipient,
49 shall have immunity from criminal liability which might otherwise result
50 by reason of such actions.
51 2. Any person who reasonably and in good faith makes a report of alle-
52 gations of child abuse as required by this title, shall have immunity
53 from civil liability which might otherwise result by reason of such
54 actions.
55 § 2. This act shall take effect one year after it shall have become a
56 law.
