Enacts provisions relating to the reporting of child abuse

Summary of provisions

Section One amends Paragraph (a) of subdivision 1 of section 413 of the social services law to add "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 -here the parent, guardian, custodian ox 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.

Section Two amends Article 6 of the Social Services Law by adding a new title 6-B- requires 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 admission, examination, care or treatment of persons, member of clergy, a Christian Science practitioner, school official, social services worker, day care center worker, provider of group or family day care, employee or volunteer in a residential facility or any other child care or foster care worker, mental health professional, substance abuse counselor, alcoholism counselor, peace officer, police officer, district attorney or assistant district attorney, investigator employed in the office of a district attorney or any other law enforce- ment official must report to appropriate law enforcement officials when they have reasonable cause to suspect in their professional or official capacity that a child is an abused child.

"Abused Child" is defined a child under the age of eighteen years upon whom a person eighteen of age or more who is not the parent of other person legally responsible for such child's care:

*Intentionally or recklessly inflicts physical, serious injury or death or

*Intentionally or recklessly engages in conduct which creates a substantial risk of such Physical injury, serious physical injury or death, or *Commits or attempts to commit against a child the crime of disseminating indecent materials to minors *Engagers in conduct prohibited under article one hundred thirty or two hundred sixty-three of the penal law.

"Law Enforcement" is defined as a municipal police department, sheriff's department, the division of the state police or any officer thereof or a district attorney or assistant district attorney. It shall not include any child protective service or any service for the society for the prevention of cruelty to children.

"Members of Clergy" shall have the same definition as "clergyman" as set forth in the religious corporations law and shall include and person responsible for supervising a member of the clergy of a religious institution or responsible for the administration of a religious institution.

"Religious Institution" shall mean a religious corporation 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.

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 if confession was made to him or her in their professional character as spiritual advisor.

However, if the clergy member has reasonable belief of abuse allegations outside the scope of the confessional, they are required to report the abuse to the proper law enforcement officials.

Nothing contained therein will exempt a clergy member from other requirements of law to prevent perpetrator from committing other acts of abuse.

Penalties for failure to report is a class A misdemeanor for the first offense, a class E felony for the second offense and a Class D felony for the third offense. Further any person required to report and fails to do so will be civilly liable for damages proximately cause by such failure to report.

A person who in good faith makes a report of allegations as required by this title including a report to the wrong recipient shall have immunity from civil liability.

Within three months of the effective date of this section, all members of the clergy shall:

1) Review all institutional records within their control and any other information they have obtained regarding clergy abuse of children within 50 years prior to the effective date of this section.

2) Review to see if an perpetrators are still in active service and report the abuse, regardless of time it was made to the District Attorney.

This does not apply to confessions.

Penalties for failure to report is a class A misdemeanor for the first offense, a class E felony for the second offense and a Class D felony for the third offense.

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

2011-12: S.1308A - Died in Children & Families Similar Bills: 2003-04: S.2818 Died in Senate Children & Families 2004-05: S.3967 Died in Senate Children & Families 2006: S.3967 Died in Senate Social Services, Children & Families Committee 2007: S.1804 Died in Senate Social Services, Children & Families Committee 2008: S.1804 Died in Senate Social Services, Children & Families Committee 2009: S.1793 Died in Senate Codes Committee 2010: S.1793 Died in Senate Codes 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.