Enacts the child abuse reporting expansion act; relates to making clergy members required reporters of child abuse or mistreatment.
Summary
This bill, titled the "child abuse reporting expansion act," amends New York’s Social Services Law to expand the list of mandated reporters of child abuse and maltreatment. It specifically adds clergy members and other ministers of any religion, along with certain religious supervisors and administrators, to the group of professionals who must report suspected abuse when they have reasonable cause to suspect a child is abused or maltreated in their professional or official capacity.
The bill also creates a limited privilege for confidential spiritual communications. A clergy member, minister, or Christian Science practitioner would not be required to report abuse if the information was obtained solely through a confession or confidence made in their role as a spiritual advisor, unless the person making the confession waives that privilege. However, if clergy learn of abuse through any other source, they must report it even if they also received a privileged confession. The bill further states that the privilege does not excuse clergy from other legal duties aimed at preventing additional abuse.
Impact
The bill would amend section 413 of the Social Services Law, which governs mandated reporting of suspected child abuse and maltreatment, by adding clergy and related religious officials to the list of required reporters. It would also define "member of the clergy" and "religious institution" for purposes of the reporting law, and it would create a narrow statutory exception for privileged confessions or confidences. As a result, religious leaders would face new legal reporting obligations, while New York law would continue to recognize a limited confidentiality protection for sacramental or spiritual communications.
Sentiment
The available bill text and context suggest the measure is framed as a child-protection expansion and is likely intended to strengthen reporting of abuse by bringing clergy into the mandated reporter system. No committee transcript or vote record is provided, so there is no direct evidence of debate or recorded support/opposition in the supplied materials. Based on the bill’s structure, the overall sentiment appears protective of children and focused on closing reporting gaps, while preserving a narrow religious-confidentiality carveout.
Contention
The main point of contention is the balance between child abuse reporting and religious confidentiality. Supporters would likely emphasize that clergy should report suspected abuse like other professionals when they learn of it outside a protected confession, while opponents may object to imposing mandatory reporting duties on clergy or to any perceived intrusion into religious practice and sacramental privilege. The bill attempts to address that tension by exempting confessions or confidences made in a spiritual-advisor context, but still requiring reporting when clergy have independent reasonable cause to suspect abuse.
Relates to reporting allegations of child abuse or maltreatment that occurred to a resident of New York in another state to an agency having similar powers in the state in which the allegations occurred.
Establishes the offense of aggravated murder of a child, aggravated abuse of a child, aggravated manslaughter of a child, and aggravated endangering the welfare of a child; requires the recording of calls to the statewide register of child abuse made by mandated reporters; defines "neglected child".
Establishes the offense of aggravated murder of a child, aggravated abuse of a child, aggravated manslaughter of a child, and aggravated endangering the welfare of a child; requires the recording of calls to the statewide register of child abuse made by mandated reporters; defines "neglected child".
Requires a caller making a report of suspected child abuse or maltreatment to the central register to leave their name and contact information; prohibits the office of children and family services from releasing information identifying a person who made such a report.
Requires a caller making a report of suspected child abuse or maltreatment to the central register to leave their name and contact information; prohibits the office of children and family services from releasing information identifying a person who made such a report.
Relating to definition of abuse of a child, the reporting of child abuse and neglect, and certain required notifications about reports of child abuse and neglect.