Enacts provisions relating to the reporting of child abuse

BILL NUMBER:S6048

Title of bill

An act to amend the social services law, in relation to the reporting of child abuse

Purpose

The bill adds a new definition of abused child, to include children who have allegedly been criminally abused by a person who holds or is perceived to hold a position of authority. These allegations shall be reported to law enforcement for investigation.

Summary of provisions

Sections 1 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 Title 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;

Paragraph (c), defines "law enforcement authority";

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

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 2 directs the Commissioner of the Office of Children and Family Services to revise the current form used to report suspected child abuse or maltreatment to make it appropriate for reporting to law enforcement agencies.

Section 3 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.

Justification

Recent headlines have drawn attention to the growing concern of under-reporting of child abuse throughout our nation and the tragic consequences that result. According to recent statistics, one of every four girls and one in six boys will be sexually abused before they turn 18; 20 percent of child sexual abuse victims are under the age of 8; and 90 percent of all child victims of sexual abuse are abused by someone they know and trust. New York has set up a system for specified mandated individuals to report suspected child abuse or maltreatment. This system, however, is constrained by the Family Court Act which defines an abused child as "a childless than eighteen years of age whose parent or other person legally responsible for his care" commits certain delineated acts. As a result of this language, mandated reporters are only required to report suspected instances of child abuse in a domestic setting. This bill will amend the mandatory reporting section of the Social Services Law to construct a system for these individuals to use for reporting suspected abuse by a person in a position of authority or perceived authority to appropriate law enforcement. This reporting will identify more unreported/under-reported cases in our communities and establish another investigative tool for law enforcement.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect 60 days after becoming law.