Enacts provisions relating to the reporting of child abuse

1(b) -- States that when a member of the clergy has reasonable cause to suspect that a child is an abused or maltreated child based upon information received, then such a member of the clergy shall promptly make a report.

1(c) -- Defines "member of the clergy" to have the same definition as the term "clergyman" as set forth in section two of the religious corporation law and shall also include any person responsible for supervising a member of the clergy of a religious institution or responsible for the administration of a religious institution.

1(d) -- Defines "religious institution" as an institution created to enable its members to meet for divine worship or other religious observances or a congregation, 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.

Section Two-1(a) Amends Subdivision 1, of section 413 of the social services law, as amended by Chapter 420 of the laws of 2002, by adding "member of the clergy" to the list of persons and officials required to report or cause a report to be made when they have reasonable cause to suspect 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 fact, conditions or circumstances which, if correct, would render the child an abused or maltreated child.

1(b) -- States that when a member of the clergy has reasonable cause to suspect that a child is an abused or maltreated child based upon information received, then such a member of the clergy shall promptly make a report.

1(c) -- Defines "member of the clergy" to have the same definition as the term "clergyman" as set forth in section two of the religious corporation law and shall also include any person responsible for supervising a member of the clergy of a religious institution or responsible for the administration of a religious institution.

1(d) -- Defines "religious institution" as an institution created to enable its members to meet for divine worship or other religious observances or a congregation, 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.

Section Three amends Subdivision 1 of section 413 of the Social Services law, as amended by chapter 676 of the laws of 2002, by adding "member of the clergy" to the list of persons and officials required to report or cause a report to be made when they have reasonable cause to suspect 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 fact, conditions or circumstances which, if correct, would render the child an abused or maltreated child.

1(b) -- States that when a member of the clergy has reasonable cause to suspect that a child is an abused or maltreated child based upon information received, then such a member of the clergy shall promptly make a report.

1(c) -- Defines "member of the clergy" to have the same definition as the term "clergyman" as set forth in section two of the religious corporation law and shall also include any person responsible for supervising a member of the clergy of a religious institution or responsible for the administration of a religious institution.

1(d) -- Defines "religious institution" as an institution created to enable its members to meet for divine worship or other religious observances or a congregation, 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. Section Four amends subdivision 1 of section 413 of the social services law, as separately amended by chapters 420 and 676 of the laws of 2002, amends Subdivision 1 of section 43 of the Social Services law, as amended by chapter 676 of the laws of 2002, by adding "member of the clergy" to the list of persons and officials required to report or cause a report to be made when they have reasonable cause to suspect 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 fact, conditions or circumstances which, if correct, would render the child an abused or maltreated child.

1(b) -- States that when a member of the clergy has reasonable cause to suspect that a child is an abused or maltreated child based upon information received, then such a member of the clergy shall promptly make a report.

1(c) -- Defines "member of the clergy" to have the same definition as the term "clergyman" as set forth in section two of the religious corporation law and shall also include any person responsible for supervising a member of the clergy of a religious institution or responsible for the administration of a religious institution.

1(d) -- Defines "religious institution" as an institution created to enable its members to meet for divine worship or other religious observances or a congregation, 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. Section Five amends Article 6 of the Social Services law as amended by adding a new title 6-B "Reports of Child Abuse to Law Enforcement" § 429-n -- (a) Lists the persons and officials required to report cases of suspected child abuse to appropriate law enforcement agency as: any physician; registered physician assistant; surgeon; medical examiner; coroner; dentist; dental hygienist; osteopath; optometrist; chiropractor; podiatrist; resident; intern; psychologist; registered nurse; emergency medical technician; hospital personnel engaged in the admission, examination, care or treatment of persons; member of clergy; a Christian Science practitioner; school official; social service worker; day care center worker; provider of family or group family day care; employee or volunteer in a residential care facility; mental health professional; substance abuse counselor; alcoholism counselor; peace officer; police officer; district attorney; or other law enforcement official. (b) Defines "abused child" as a child under the age of 18 years whom a person eighteen years of age or more and who is not the parent or other person legally responsible for such child's care: (i)intentionally or recklessly inflicts physical injury; serious physical injury or death (ii)intentionally or recklessly engages in conduct 'which creates a substantial risk of such personal injury, serious physical injury or death (iii)commits or attempts to commit against a child the crime of disseminating indecent materials to minors (iv)engages in any conduct prohibited by Section 130 (sex offenses) or Section 263 (sexual performance by a child) of the penal law. (c) Defines "law enforcement agencies" as a municipal police department, sheriffs department, the state police, district attorney and assistant district attorney -- but will not include any child protective service or any society for the prevention of cruelty to children. (d) Defines "member of the clergy" to have the same definition as the term "clergyman" as set forth in section two of the religious corporation law and shall also include any person responsible for supervising a member of the clergy of a religious institution or responsible for the administration of a religious institution. (e) Defines "religious institution" as an institution created to enable its members to meet for divine worship or other religious observances or a congregation, 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.

2(a) Clarifies that unless the person confessing or confiding waives the privilege, a member of the clergy, or other minister of any religion or duly accredited Christian Science practitioner, shall not be required to make a report as required if the confession or confidence was made to him or her in his or her professional capacity a spiritual advisor. (b) States that when a member of the clergy has reasonable cause to suspect that a child is an abused child based upon information received other than through a confession or confidence that such member of the clergy shall promptly make a report notwithstanding the fact that he or she may have also received a report through a confession or confidence. (c) Clarifies that the fact that confession and other confidences are waived does not exclude a member of the clergy from any other requirement to prevent the perpetrator from committing further acts of abuse. 3. States that nothing in this act shall be construed to require the report of information by a person required to report when such information is otherwise privileged from disclosure by law.

§ 429-o -- (1) States that any person required by this Act to report a case of suspected child abuse who willfully fails to do so shall be guilty of: First offense: Class A misdemeanor Second offense: Class E felony Third offense: Class D felony (2) Any person required by this Act who fails to report a case of suspected child abuse and who knowingly and willingly fails to do so shall also be civilly liable for damages proximately caused by such a failure. § 429-p States that any person who is required to report under this act makes a good faith report of allegations of child abuse, but makes the report to the wrong recipient, shall be immune from criminal and civil liability. § 429-q States that within three months of the effective date of this act, all members of the clergy shall: (a) review all records within their control and any other information they have obtained regarding allegations that a child is an abused child by a member of the clergy within 50 years prior to the effective date of this section. (b) review whether they are aware of any other allegation that a child is an abused child alleged to have been abused by a member of the clergy who remains actively in the service of a religious institution, regardless of the date such allegation was made; and where such information or records raise reasonable cause to suspect that a child is an abused child. In the event such records produce credible evidence of child abuse, it must be reported to the relevant district attorney. (2) Willful failure to report shall result in: First offense: Class A misdemeanor Second offense: Class E felony Third offense: Class D felony.

Existing law

New bill.

Justification

Recent event have proven that there is a need for members of clergy to report suspected and documented child abuse to authorities. There are numerous examples of childhood abuse, going on for decades, which was not reported. It is common sense to mandate clergy to report abuse.

Legislative history

2003-2004: S.2818 died in Senate Children & Families Committee

2004-2005: S.3967 died in Senate Children & Families Committee

Fiscal implications

Minimal.

Local fiscal implications

Minimal.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law; provided however, that in the event section 8 of chapter 420 of the laws of 2002 takes effect before section II of chapter 676 of the laws of 2002, section two of this act shall take effect on the same date as section 8 of chapter 420 of the laws of 2002 takes effect, where upon such date sections one and three of this act shall expire and be deemed repealed, and provided further, that in the event section II of chapter 676 of the laws of 2002 takes effect before section 8 of chapter 420 of the laws of2002, then section three of this act shall take effect on the same date as section 11 of chapter 676 of the laws of 2002 take effect, when upon such date sections one and two of this act shall expire and be deemed repealed, and provided; further that section four of this act shall take effect on the same date as section 8 of chapter 420 or section 11 of chapter 676 of the laws of 2002, takes effect, whichever date is later, where upon such date sections one, two and three of this act shall expire and be deemed repealed.