Relates to mandatory reporting of child abuse

Section 2 amends the penal law to definitions for a "position of authority" and a "position of trust".

Section 3 directs the Commissioner of the Office of Children and Family Services to review the form used to report suspected child abuse and revise, if necessary, to make it appropriate for reporting to law enforcement agencies.

Section 4 sets the effective date on the sixtieth day after it shall have become a law.

Justification

New York currently has a system in place mandating specified 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 child less 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 that occur in a domestic setting. However, as countless recent cases indicate, all too often abuse happens at the hands of those outside of the family, by those in positions of authority or trust-teachers, coaches, troop leaders, supervisors, counselors, etc.

For example, just last month in Dutchess County a prominent County Legislator and Boy Scout Troop Leader was convicted of sexually abusing two boy scouts in his troop. When asked why the boys did not immediately report the abuse, it was clear that the individual's position of authority played a role in the delay, with news outlets reporting that one boy even noted that the offender was viewed in the community as 'a great guy' who 'so many people look up to.'

This case is not unusual as the majority of child sexual abuse happens at the hands of someone that the child knows and trusts. In fact, according to the National Sex Offender Public Registry, 60% of those who sexually abuse children turn out to be individuals known to the child, but are not family members.

Notably, situations in which an offender utilizes his or her position of authority to coerce their victims to engage, or remain silent after the fact, present a particular challenge for prosecutors as the offender can avoid using explicit force and instead relies on his or her ability to capitalize on that inherent power or trust to manipulate the victim.

The state has a responsibility to ensure the health and safety of its children and that means providing law enforcement and prosecutors with the tools they need to identify, stop and prosecute abuse to the fullest extent.

This bill will strengthen the law by amending the mandatory reporting section of the Social Services Law to construct a system for these individuals to utilize for reporting suspected abuse by a person in a position of authority or position of trust to appropriate law enforcement.

This mandatory reporting requirement will help bring victims out of the shadows and assist in identifying more unreported/under-reported cases of abuse in our communities and establish another significant investigative tool for law enforcement.

Legislative history

New bill

Fiscal implications

None

Effective date

On the sixtieth day after it shall have become a law.