What's happening
This bill expands mandatory child abuse reporting to clergy members, clarifies confidentiality exceptions, and defines related religious terms.
Why it matters
Expands the list of mandatory reporters. to explicitly include clergy members and ministers of any religion, making them legally responsible for reporting suspected child abuse or maltreatment (unless the information was obtained solely in a confidential spiritual context).
Introduces a nuanced confidentiality exception. Clergy are not required to report if they learn about abuse solely through confidential confession or spiritual counseling—unless the person waives that privilege. However, if they learn of abuse through other means, even if they also learned about it through confession, they must report.
Clarifies that religious confidentiality is not absolute. The bill states clergy are not exempt from other legal duties to prevent further abuse, even if exempted from reporting due to confession, signaling a move to balance religious confidentiality with child protection.
Defines "clergy" and "religious institution" in law,. ensuring that both individual clergy members and those who supervise or administer religious institutions are covered, potentially increasing organizational accountability within religious communities.
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Who cares
Clergy and ministers
The bill would require them to report suspected child abuse or maltreatment, while exempting spiritual confessions or confidences unless the person waives the privilege and requiring reports based on information received outside that setting.
Religious institution administrators and clergy supervisors
The bill would include them in its definition of clergy, bringing them within the expanded reporting requirements.
Christian Science practitioners
The bill would exempt spiritual confessions or confidences from their reporting obligation unless the person confessing or confiding waives the privilege.
Children experiencing abuse or maltreatment
The bill would expand the people required to report suspected abuse or maltreatment to include clergy, ministers and religious institution leaders.
Headline styles
Expand Child Abuse Reporting
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to rules
- Delivered to senate
- Passed assembly
- Ordered to third reading rules cal.166
- Rules report cal.166
- Reported
- Reported referred to rules
- Print number 6662b
- Amend and recommit to codes
- Reported referred to codes
- Print number 6662a
- Amend (t) and recommit to children and families
Show 2 earlier actions
- Referred to children and families
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Child Abuse Reporting
In Senate Committee · Judiciary · Sponsor Brad Hoylman-Sigal
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6662--B
2019-2020 Regular Sessions
IN ASSEMBLY
March 14, 2019
Introduced by M. of A. WALLACE, SIMOTAS, D'URSO, BURKE, SIMON, STIRPE, BUTTENSCHON, JAFFEE -- read once and referred to the Committee on Children and Families -- recommitted to the Committee on Children and Families in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to establishing the "child abuse reporting expansion act"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "child abuse reporting expansion act".
§ 2. Paragraph (a) of subdivision 1 of section 413 of the social services law, as amended by section 7 of part C of chapter 57 of the laws of 2018, is amended to read as follows:
(a) The following persons and officials are required to report or cause a report to be made in accordance with this title when they have reasonable cause to suspect that 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 facts, conditions or circumstances which, if correct, would render the child an abused or maltreated child: any physician; registered physician assistant; surgeon; medical examiner; coroner; dentist; dental hygienist; osteopath; optometrist; chiropractor; podiatrist; resident; intern; psychologist; registered nurse; social worker; emergency medical technician; licensed creative arts therapist; licensed marriage and family
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10180-07-0
A. 6662--B 2
therapist; licensed mental health counselor; licensed psychoanalyst; licensed behavior analyst; certified behavior analyst assistant; hospital personnel engaged in the admission, examination, care or treatment of persons; a Christian Science practitioner; clergy member or other minister of any religion; school official, which includes but is not limited to school teacher, school guidance counselor, school psychologist, school social worker, school nurse, school administrator or other school personnel required to hold a teaching or administrative license or certificate; full or part-time compensated school employee required to hold a temporary coaching license or professional coaching certificate; social services worker; employee of a publicly-funded emergency shelter for families with children; director of a children's overnight camp, summer day camp or traveling summer day camp, as such camps are defined in section thirteen hundred ninety-two of the public health law; day care center worker; school-age child care worker; provider of family or group family day care; employee or volunteer in a residential care facility for children that is licensed, certified or operated by the office of children and family services; or any other child care or foster care worker; mental health professional; substance abuse counselor; alcoholism counselor; all persons credentialed by the office of alcoholism and substance abuse services; employees, who are expected to have regular and substantial contact with children, of a health home or health home care management agency contracting with a health home as designated by the department of health and authorized under section three hundred sixty-five-l of this chapter or such employees who provide home and community based services under a demonstration program pursuant to section eleven hundred fifteen of the federal social security act who are expected to have regular and substantial contact with children; peace officer; police officer; district attorney or assistant district attorney; investigator employed in the office of a district attorney; or other law enforcement official.
§ 3. Subdivision 1 of section 413 of the social services law is amended by adding five new paragraphs (e), (f), (g), (h) and (i) to read as follows:
(e) 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 by paragraph (a) of this subdivision if the confession or confidence was made to him or her in his or her professional character as spiritual advisor.
(f) When a member of the clergy has reasonable cause to suspect that a child is an abused or maltreated child based upon any information received other than through a confession or confidence made pursuant to paragraph (e) of this subdivision, then such member of the clergy shall promptly make a report as required by paragraph (a) of this subdivision notwithstanding the fact that he or she may have also received a report of abuse or maltreatment through a confession or confidence made pursuant to paragraph (e) of this subdivision.
(g) The provisions of paragraph (e) of this subdivision shall not be deemed to exempt a member of the clergy from any other requirements of law to prevent the perpetrator from committing additional acts of abuse.
(h) For the purposes of this subdivision the term "member of the clergy" shall have the same definition as the term "clergyman" as set forth in section two of the religious corporations law and shall also include any person responsible for supervising a member of the clergy of a reli-
A. 6662--B 3
gious institution or responsible for the administration of a religious institution.
(i) For the purposes of this subdivision the term "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.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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