An act to amend the social services law, in relation to the reporting of child abuse.

Synopsis:
This bill seeks to amend social services law by adding members of the clergy to the list of professionals who are mandated by law to report suspected child abuse. 

Status:
This bill was referred to the Senate Social Services, Children and Families Committee on 1/9/08. 

Summary of Provisions:

• The proposed bill seeks to amend the definition of child abuse, which is mandated to be reported to include:
• a person nineteen years and older engaged in sexual conduct with a person under the age of fourteen;
• a person twenty-one years and older engaged in sexual conduct with a person under the age of seventeen, in the event the person twenty-one years and older has a position of authority over the person seventeen years old or younger;
• or a person engaged in sexual conduct with a disabled individual under the age of twenty-one.
• A member of the clergy will be exempt from mandated reporting in the event the confidence or confession was made to him/her only in his/her capacity as spiritual advisor.  When a member of the clergy has reasonable cause to suspect child abuse or maltreatment due to any other information besides spiritual confession or confidence, then he/she is mandated to report the same. 
• Within three months of its enactment all current clergy members must review the records and documents within their control for any unreported suspicions of child abuse occurring within the last twenty years by a member of the clergy.  Members of the clergy must report to the district attorney any allegations of child abuse by clergy members that are located, not including spiritual confession and confidence or allegations involving a deceased clergy member.

NASW-NYS Position:
NASW has issued a Memorandum in Opposition of this proposed legislation.  This proposal expands the definition of child abuse to include statutory sex offenses regardless of whether such offense is consensual. This provision could inhibit young people from seeking help from professional health care providers if their conversations with such a provider are not held in confidence.  This legislation will prevent a qualified health care professional from gaining the trust of the minor and then working forward to the best possible solution.