What's happening
This bill requires certain professionals and organizations to report suspected child abuse to law enforcement, establishes penalties for failure, and provides immunity for good faith reporting.
Why it matters
Expands mandatory reporting requirements for professionals and organizations. The bill greatly broadens who must report suspected child abuse by non-family adults, including not only traditional mandated reporters (like doctors, teachers, and social workers) but also clergy, camp staff, volunteers, and anyone affiliated with organizations serving children. This increases accountability across a wide range of settings where children interact with adults.
Prioritizes direct law enforcement involvement. By requiring that suspected abuse by non-family adults is reported straight to law enforcement—rather than child protective services—this legislation shifts the initial response to a criminal investigative framework, potentially speeding up interventions and prosecutions but also changing the nature of how cases are handled compared to familial abuse.
Introduces criminal and civil penalties for non-compliance. The bill creates new legal consequences for failing to report suspected abuse, including class A misdemeanor charges and civil liability for damages caused by failing to report. This raises the stakes for professionals and organizations, aiming to deter willful neglect or oversight in reporting.
Mandates regular training and provides immunity protections. To help ensure compliance, the bill requires all mandated reporters to complete state-approved training on recognizing and reporting child abuse, with updates as changes occur. At the same time, it offers criminal and civil immunity for those who report in good faith, encouraging prompt action without fear of legal repercussions for mistaken but honest reporting.
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Who cares
Headline styles
Require Child Abuse Reporting
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to children and families
- Print number 1257a
- Amend and recommit 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.
Mandate Child Abuse Reporting
In Assembly Committee · Children And Families · Sponsor Sandy Galef
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1257--A
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sens. SERINO, AKSHAR, GALLIVAN, HELMING, JACOBS, RANZEN- HOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to the reporting of child abuse
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 6 of the social services law is amended by adding a new title 6-B to read as follows:
TITLE 6-B
REPORTS OF CHILD ABUSE TO
LAW ENFORCEMENT Section 429-a. Definitions.
429-b. Persons and officials required to report cases of
suspected child abuse to appropriate law enforcement.
429-c. Penalties for failure to report.
429-d. Immunity from liability.
§ 429-a. Definitions. For the purposes of this title the term:
1. "abused child" shall mean a child under the age of eighteen years upon whom a person eighteen years of age or older who is not the parent or other person legally responsible for such child's care:
(a) intentionally or recklessly inflicts physical injury, serious physical injury or death, or
(b) intentionally or recklessly engages in conduct which creates a substantial risk of physical injury, serious physical injury or death, or
(c) commits or attempts to commit against a child the crime of disseminating indecent materials to minors pursuant to article two hundred thirty-five of the penal law, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06726-02-9
S. 1257--A 2
(d) engages in any conduct prohibited by article one hundred thirty or two hundred sixty-three of the penal law;
2. "law enforcement authorities" shall mean a municipal police department, sheriff's department, the division of state police or any officer thereof or a district attorney or assistant district attorney. Notwithstanding any other provision of law, law enforcement authorities shall not include any child protective service or any society for the prevention of cruelty to children as such terms are defined in section four hundred twenty-three of this article;
3. "organization" shall mean a sole proprietor, partnership, corporation, limited liability company, trust, association, financial institution, governmental entity other than the federal government, and any other individual or group engaged in a trade, occupation, enterprise, governmental function, charitable function, or similar activity in this state whether or not the entity is operated as a nonprofit or for-profit entity;
4. "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 religious institution or responsible for the administration of a religious institution;
5. "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.
§ 429-b. Persons and officials required to report cases of suspected child abuse to appropriate law enforcement. 1. The following persons and officials are required to report or cause a report to be made to an appropriate law enforcement agency when they have reasonable cause to suspect in their professional or official capacity that a child is an abused 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 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 member of the clergy, a Christian Science practitioner; 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 creden-
S. 1257--A 3
tialed 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; other law enforcement official; or any person eighteen years of age or older, through his or her affiliation, or in his or her official, professional, or supervisory capacity, either paid or unpaid, with an organization that provides services, programming or supervision to a person less than eighteen years of age.
2. Reports of suspected child abuse shall be made immediately by telephone or by telephone facsimile on a form supplied by the commissioner of the office of children and family services to an appropriate law enforcement agency. Such telephone reports shall be followed by a report in writing within twenty-four hours after such oral report. The provisions of article twenty-three-B of the education law shall apply when allegations of abuse or maltreatment by an employee or volunteer under such article are made in an educational setting. Nothing in this subdivision shall require a person or official required to report cases of suspected child abuse to additionally notify the statewide register of child abuse and maltreatment unless the relationship of the victim to the alleged perpetrator is in doubt. Notwithstanding any other provision of law, law enforcement agency shall not include any child protective service or any society for the prevention of cruelty to children as such terms are defined in section four hundred twenty-three of this article.
3. Persons and officials required to report cases of suspected child abuse to appropriate law enforcement agencies are required to complete a training program in the identification and reporting of child abuse. Such program shall be approved by the office of children and family services. The commissioner shall provide public notice that mandated reporting training materials and information have been updated and shall prescribe a period of compliance for mandated reporters to receive updated training information, including but not limited to, training distributed by the office on its public website.
§ 429-c. Penalties for failure to report. 1. Any person required by this title to report a case of suspected child abuse who willfully fails to do so shall be guilty of a class A misdemeanor.
2. Any person required by this title to report a case of suspected child abuse who knowingly and willfully fails to do so shall be civilly liable for the damages proximately caused by such failure.
§ 429-d. Immunity from liability. 1. Any person who in good faith makes a report of allegations of child abuse as required by this title, including those who in good faith make a report to the wrong recipient, shall have immunity from criminal liability which might otherwise result by reason of such actions.
2. Any person who reasonably and in good faith makes a report of allegations of child abuse as required by this title, shall have immunity from civil liability which might otherwise result by reason of such actions.
§ 2. This act shall take effect one year after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to the reporting of child abuse
Purpose
Requires certain persons and officials to report child abuse or suspected child abuse to law enforcement authorities
Summary of provisions
Section 1: Adds a new title 6-B of the Social Services law to create reporting requirements of suspected child abuse to law enforcement where it does not involve a family member for the purposes of the social secu- rity law. Adds a new provision for reporting by persons eighteen and older who are employed or affiliated with an organization that provides services or programming to children. Provides for training requirements for mandated reporting and directs the Commissioner of the Office of Children and Family Services to prescribe a period of compliance to receive updated training. Also provides for penalties for willful fail- ure to report suspected abuse and immunity from liability for reporting suspected abuse in good faith.
Section 2: Establishes the effective date.
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 persons known to the child who have often have a position of trust or authority in their lives.
For example, in Dutchess County, a prominent County Legislator and Boy Scout Troop Leader was convicted of sexually abusing two boy scouts in his troop. Although the boys reported the abuse to a person within the Boy Scout organization, the allegations were never reported to the parents or even law enforcement. This case is not unusual as the majori- ty 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 indi- viduals known to the child, but are not family members.
This bill will strengthen the law by amending the mandatory reporting section of the Social Services Law to construct a system for these indi- viduals, as well as individuals eighteen and older who are employed or affiliated - paid or unpaid - with an organization that provides services and programming to children, to report suspected cases of child abuse outside of the domestic setting. These reports will be required to go directly to law enforcement and will close a significant loophole in
the current system in New York and ensure that we have a robust process of reporting and investigation.
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 investi- gative tool for law enforcement.
Legislative history
2018: S.2158C Passed Senate 2017: S.2158A Reported to Finance 2016: 5.8151 Referred to Rules
Fiscal implications
None.
Effective date
On the sixtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.