New York State Assembly

 
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A06662 Summary:

A06662 Actions:

A06662 Committee Votes:

Committee:CHILDREN AND FAMILIES   Chair:Jaffee      
DATE:07/13/2020AYE/NAY:11/4  Action: Favorable refer to committee Codes        
Jaffee
Aye
Byrnes
Nay
Arroyo
Absent
Friend
Nay
Fahy
Aye
Miller
Nay
Davila
Aye
Smullen
Nay
Barnwell
Aye
Wright
Aye
Vanel
Aye
Jean-Pierre
Aye
Frontus
Aye
Burke
Aye
Cruz
Aye
Darling
Aye

Committee:CODES   Chair:Lentol      
DATE:07/17/2020AYE/NAY:21/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Morinello
Aye
Schimminger
Excused
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Palumbo
Aye
Cymbrowitz
Aye
Garbarino
Aye
O'Donnell
Aye
Reilly
Aye
Lavine
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye

Committee:RULES   Chair:Heastie      
DATE:07/20/2020AYE/NAY:27/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Nolan
Aye
Hawley
Aye
Weinstein
Aye
Giglio
Aye
Ortiz
Aye
Malliotakis
Aye
Pretlow
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Glick
Excused
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye

A06662 Floor Votes:

A06662 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6662--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 14, 2019
                                       ___________
 
        Introduced  by  M. of A. WALLACE, SIMOTAS, D'URSO, BURKE, SIMON, STIRPE,
          BUTTENSCHON, JAFFEE -- read once and  referred  to  the  Committee  on
          Children  and Families -- recommitted to the Committee on Children and
          Families in accordance with Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- reported and referred to the Committee on Codes
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
 
        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:
 
     1    Section 1. This act shall be known and may  be  cited  as  the  "child
     2  abuse reporting expansion act".
     3    §  2.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
     4  services law, as amended by section 7 of part C of  chapter  57  of  the
     5  laws of 2018, is amended to read as follows:
     6    (a)  The  following  persons  and  officials are required to report or
     7  cause a report to be made in accordance with this title when  they  have
     8  reasonable  cause  to  suspect  that a child coming before them in their
     9  professional or official capacity is an abused or maltreated  child,  or
    10  when  they have reasonable cause to suspect that a child is an abused or
    11  maltreated child where  the  parent,  guardian,  custodian  [or],  other
    12  person  legally  responsible  for  such child comes before them in their
    13  professional or official capacity and  states  from  personal  knowledge
    14  facts,  conditions  or circumstances which, if correct, would render the
    15  child an abused or maltreated child: any physician; registered physician
    16  assistant; surgeon; medical examiner; coroner; dentist;  dental  hygien-
    17  ist; osteopath; optometrist; chiropractor; podiatrist; resident; intern;
    18  psychologist; registered nurse; social worker; emergency medical techni-
    19  cian;  licensed  creative  arts  therapist; licensed marriage and family
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10180-07-0
        A. 6662--B                          2
 
     1  therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
     2  licensed  behavior analyst; certified behavior analyst assistant; hospi-
     3  tal personnel engaged in the admission, examination, care  or  treatment
     4  of  persons;  a  Christian  Science practitioner; clergy member or other
     5  minister of any religion; school official, which  includes  but  is  not
     6  limited  to  school  teacher, school guidance counselor, school psychol-
     7  ogist, school social worker, school nurse, school administrator or other
     8  school personnel required to hold a teaching or  administrative  license
     9  or  certificate;  full or part-time compensated school employee required
    10  to hold a temporary coaching license or  professional  coaching  certif-
    11  icate;  social  services worker; employee of a publicly-funded emergency
    12  shelter for families with children; director of a  children's  overnight
    13  camp,  summer  day  camp or traveling summer day camp, as such camps are
    14  defined in section thirteen hundred ninety-two of the public health law;
    15  day care center worker; school-age child care worker; provider of family
    16  or group family day care; employee or volunteer in  a  residential  care
    17  facility  for  children  that  is licensed, certified or operated by the
    18  office of children and family services;  or  any  other  child  care  or
    19  foster  care worker; mental health professional; substance abuse counse-
    20  lor; alcoholism counselor; all persons credentialed  by  the  office  of
    21  alcoholism  and substance abuse services; employees, who are expected to
    22  have regular and substantial contact with children, of a health home  or
    23  health  home  care  management  agency contracting with a health home as
    24  designated by the department of  health  and  authorized  under  section
    25  three hundred sixty-five-l of this chapter or such employees who provide
    26  home and community based services under a demonstration program pursuant
    27  to section eleven hundred fifteen of the federal social security act who
    28  are  expected  to  have  regular  and substantial contact with children;
    29  peace officer; police officer; district attorney or  assistant  district
    30  attorney; investigator employed in the office of a district attorney; or
    31  other law enforcement official.
    32    §  3.  Subdivision  1  of  section  413  of the social services law is
    33  amended by adding five new paragraphs (e), (f), (g), (h) and (i) to read
    34  as follows:
    35    (e) Unless the person confessing or confiding waives the privilege,  a
    36  member  of the clergy, or other minister of any religion or duly accred-
    37  ited Christian Science practitioner, shall not be  required  to  make  a
    38  report  as  required  by  paragraph  (a)  of  this  subdivision  if  the
    39  confession or confidence was made to him or her in his  or  her  profes-
    40  sional character as spiritual advisor.
    41    (f) When a member of the clergy has reasonable cause to suspect that a
    42  child  is  an  abused  or  maltreated  child  based upon any information
    43  received other than through a confession or confidence made pursuant  to
    44  paragraph  (e) of this subdivision, then such member of the clergy shall
    45  promptly make a report as required by paragraph (a) of this  subdivision
    46  notwithstanding  the fact that he or she may have also received a report
    47  of abuse or maltreatment through a confession or confidence made  pursu-
    48  ant to paragraph (e) of this subdivision.
    49    (g)  The  provisions of paragraph (e) of this subdivision shall not be
    50  deemed to exempt a member of the clergy from any other  requirements  of
    51  law to prevent the perpetrator from committing additional acts of abuse.
    52    (h) For the purposes of this subdivision the term "member of the cler-
    53  gy"  shall have the same definition as the term "clergyman" as set forth
    54  in section two of the religious corporations law and shall also  include
    55  any person responsible for supervising a member of the clergy of a reli-
        A. 6662--B                          3
 
     1  gious  institution  or responsible for the administration of a religious
     2  institution.
     3    (i)  For the purposes of this subdivision the term "religious institu-
     4  tion" shall mean a religious corporation created to enable  its  members
     5  to  meet  for divine worship or other religious observances or a congre-
     6  gation, society, or other assemblage of persons who  are  accustomed  to
     7  statedly meet for divine worship or other religious observances, without
     8  having been incorporated for that purpose, as provided in section two of
     9  the religious corporations law.
    10    § 4. This act shall take effect immediately.