Enacts provisions relating to the reporting of child abuse

Summary of provisions

Section 1 amends subdivision 1 of section 413 of the Social Services Law as follows:

a) adds members of the clergy to the list of mandated reporters required to report suspected cases of child abuse to the Child Abuse Hotline; b) provides that unless the person confessing or confiding waives the privilege, a member of the clergy is not required to make a report of suspected child abuse if such information was learned in his or her professional capacity as a spiritual advisor; c) provides that a member of the clergy must report suspected cases of child abuse if the information was received through means other than confidence or confession regardless of whether the information was also received through a confidence or confession; d) provides that members of the clergy shall not be exempt from any other requirements of law to prevent the perpetrator from committing additional acts of abuse; e) provides that the term "member of the clergy" shall have the same meaning as the term "clergyman" in section 2 of the Religious Corporations Law and shall include any person responsible for the administration of a religious institution; f) provides that the term "religious institution" shall have the same definition as the term in section 2 of the Religious Corporations Law.

Section 2 amends Article 6 of the Social Services Law by adding a new Article 6-B to expand the mandated reporting of allegations of abuse against children.

Section 429(a) of Article 6-B requires persons and officials required to report cases of suspected child abuse to the appropriate law enforcement agency when the age difference between the child victim and alleged abuser meets certain criteria or the form of abuse contains specific enumerated factors. Additionally, the bill enumerates elements of abuse to be reported to law enforcement when a child is abused by an adult who supervises or has a position of authority, or is perceived by such child to hold authority.

Paragraph (b) sets forth enumerated conduct defined as child abuse under this Article;

Paragraphs (c), (d), and (e) provide definitions of "law enforcement authority" "member of the clergy" and "religious institution";

Subdivision 2 provides the procedure to be followed when a report to law enforcement is required;

Subdivision 3 clarifies that a clergy member is not required to make a report of suspected child abuse if the information was received in confession or in a professional capacity as a spiritual advisor unless the person confessing or confiding waives the privilege;

Paragraph (b) provides that a member of the clergy must report suspected cases of child abuse if the information was received through means other than confidence or confession regardless of whether the information was also received in confidence or confession;

Paragraph (c) provides that members of the clergy shall not be exempted from any other requirements of law to prevent the perpetrator from committing additional acts of abuse;

Section 429-b provides that failure to report under Title 6-B shall be a class A misdemeanor;

Section 429-c provides that persons who make allegations in good faith shall have immunity from civil and criminal liability;

Section 429-d directs that within 3 months of the effective date of this section, clergy must review all records within their control or any other information they may have regarding allegations of child abuse by members of the clergy within the last twenty years and report such allegations to the District Attorney. Additionally, any allegation of child abuse by a member of the clergy who is still in the service of a religious institution, regardless of the date it was made, must be reported to the District Attorney; the willful failure to review records and report allegations shall he a class A misdemeanor.

Section 3 directs the Commissioner of the Office of Children and Family Services to revise the current form used to report suspected child abuse or maltreatment. Pursuant to section 429-a and to make it appropriate for reporting to law enforcement agencies.

Section 4 provides that this act shall take effect 60 days after becoming law.

Existing law

Mandated reporters are required to report suspected child abuse or maltreatment when, in their official or professional role, they are presented with a reasonable cause to suspect child abuse or maltreatment. Clergy are not mandated reporters.

Justification

Although the majority of members of the clergy have the highest moral standards and are as appalled by reports of child abuse within

religious settings as are the rest of the public, the recent focus on revelations of child abuse by members of the clergy has revealed that many abuse allegations were not reported to law enforcement. This has raised concerns that child abuse by other persons in positions of authority have also gone unreported. It is vitally important that children who are physically or sexually abused have the protection of the full force of the law. Parents need to be assured that persons in positions of authority who exploit their children will be prosecuted.

Legislative history

2011: Died in Finance 2009-10: S.4038 - Referred to Health 2008: S.8641 - Passed Senate; Veto No. 86

Fiscal implications

Nominal expenses for developing and distributing materials will be paid through the Hazardous Waste Remediation Oversight and Assistance Account.

Effective date

180 days after it shall have become a law.