S8151 SERINO No Same as

ON FILE: 06/14/16 Social Services Law

TITLE....Relates to mandatory reporting of child abuse

06/14/16

REFERRED TO RULES

SERINO
Add Art 6 Title 6-B 429-a - 429-d, Soc Serv L; amd 130.00, Pen L
Requires certain persons to report child abuse or suspected child abuse to law enforcement
authorities.
CRIMINAL SANCTION IMPACT.

STATE OF NEW YORK

________________________________________________________________________
8151
IN SENATE
June 14, 2016
___________
Introduced by Sen. SERINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the social services law and the penal 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:
1 Section 1. Article 6 of the social services law is amended by adding
2 a new title 6-B to read as follows:
3 TITLE 6-B
4 REPORTS OF CHILD ABUSE TO
5 LAW ENFORCEMENT
6 Section 429-a. Persons and officials required to report cases of
7 suspected child abuse to appropriate law enforcement
8 agency.
9 429-b. Penalties for failure to report.
10 429-c. Immunity from liability.
11 429-d. Review of existing records for allegations that a child
12 is an abused child; district attorney; penalty.

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429-a. Persons and officials required to report cases of suspected

child abuse to appropriate law enforcement agency. 1. (a) Those persons
and officials set forth in subdivision one of section four hundred thirteen of this article shall be 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: (i) a
person being eighteen years old or more has engaged in conduct set forth
in paragraph (b) of this subdivision with a person less than fourteen
years old; or (ii) a person being twenty-one years old or more has
engaged in conduct set forth in paragraph (b) of this subdivision with a
person less than seventeen years old and the person being twenty-one
years old or more has authority, perceived authority, a position of
trust, supervisory or disciplinary power over the person less than
seventeen years old by virtue of his or her legal, professional, occupational or vocational status; or (iii) a person has engaged in conduct
set forth in paragraph (b) of this subdivision with a person under twen-

EXPLANATION--Matter in italics(underscored) is new; matter in brackets

[ ] is old law to be omitted.
LBD15577-02-6

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ty-one years of age who has a handicapping condition, as defined in

section forty-four hundred one of the education law and who is entitled
to residential care due to such handicapping condition.
(b) The following conduct, if committed by a person defined in paragraph (a) of this subdivision shall, for the purposes of this section,
constitute "child abuse" and shall require a report:
(i) intentionally or recklessly inflicting physical injury, serious
physical injury or death, or
(ii) intentionally or recklessly engaging in conduct which creates a
substantial risk of such physical injury, serious physical injury or
death, or
(iii) committing or attempting 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
(iv) engaging in any conduct prohibited by article one hundred thirty
or two hundred sixty-three of the penal law.
(c) For the purposes of this section the term "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.
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

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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.
429-b. 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-c. 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.

S. 8151 3
1 429-d. Review of existing records for allegations that a child is an
2 abused child; district attorney; penalty. The willful failure of an
3 individual defined in paragraph (a) of subdivision one of section four
4 hundred twenty-nine-a of this title to review existing records and
5 information and report allegations contained therein, as provided by
6 this section, shall be a class A misdemeanor.
7 2. Section 130.00 of the penal law is amended by adding two new
8 subdivisions 14 and 15 to read as follows:
9 14. "Position of authority" includes but is not limited to any person
10 who is a teacher, employer, babysitter, coach, or any other person who,
11 no matter how brief, is at the time of the act:
12 (a) acting in the place of a parent and charged with any of a parent's
13 rights, duties or responsibilities to a child, or
14 (b) a person who is charged with any duty or responsibility for the
15 health, welfare, or supervision of a child, either independently or
16 through another.
17 15. "Position of trust" includes but is not limited to any person who
18 is a teacher, employer, babysitter, coach or any other person who, by
19 reason of his position, is able to exercise significant influence over a
20 child at the time of the act.
21 3. The commissioner of the office of children and family services
22 shall review the reporting form used to report suspected child abuse
23 pursuant to section 429-a of the social services law, as added by
24 section one of this act, and, if necessary, shall revise such form to
25 make it appropriate for reporting to law enforcement agencies.
26 4. This act shall take effect on the sixtieth day after it shall
27 have become a law.

NEW YORK STATE SENATE

INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1
BILL NUMBER: S8151
SPONSOR: SERINO
TITLE OF BILL:
An act to amend the social services law and the penal law, in relation
to the reporting of child abuse
PURPOSE:
To require mandated reporters to report to law enforcement suspected
child abuse involving a person in a position of authority or a position
of trust.
SUMMARY OF PROVISIONS:
Section 1 adds a new title 6-B of the Social Services law to create
reporting requirements of child abuse to law enforcement involving
persons in a position of authority or a position of trust and provides
for penalties for willful failure to report and immunity from liability.
It also provides a penalty for the willful failure of a mandated reporter to review existing records and information and report allegations.
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.
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