Bill S.477 - Senator Saland

The New York State Chapter of the National Association of Social Workers Opposes S. 477. This legislation has been introduced to address the public's concern over the failure of some clergy to report child abuse.

While NASW - NYS supports much of this legislation, we are concerned that one section of the bill has the potential for creating serious barriers to minors seeking reproductive health care and other counseling, education or social services.

The legislation adds "members of the clergy" to the list of professionals in New York State who are required to report suspected child abuse or maltreatment to the State Central Register for Child Abuse and Maltreatment. The bill also creates a new category of "child abuse" and requires that mandatory reporters, including members of the clergy, notify the police when they suspect that any person in a position of authority with a minor has committed an offense against the minor.

This bill also includes additional significant changes to the current child abuse reporting requirements that would undermine the confidentiality protections provided to young people regarding their sexual activity.

This legislation would require mandatory reporters to tell the police whenever the mandatory reporter believed that someone 19 or older had committed one of a number of designated offenses against a minor less than fourteen. The proposed legislation would define child abuse to include, among other crimes, all statutory sex offenses in Article 130 of the Penal Law. This provision is sweeping in scope, encompassing all sexual conduct - even if consensual.

This legislation will discourage young people from obtaining needed health care out of fear that conversations with doctors and nurses will no longer be confidential. The bill itself gives recognition to the importance of confidentiality by preserving the privileged nature of the confessional and other information offered in confidence to clergy - such communications are exempt from the mandatory reporting requirement. However, the bill fails to extend the same protections to other relationships usually privileged: those between a patient and his or her doctor, nurse, or mental health professional. Upon learning that their conversations with health care providers may no longer be confidential, young people will be far less likely to seek or obtain necessary health care.

Advocates for adolescents and families recognize that police should not be brought into every situation involving sexual relations among young people. This section of the bill would not allow professional counselors, physicians, nurses, teachers and other qualified professionals to establish a relationship of trust with the minor and to use their judgment and training in how to appropriately involve family members in situations where a minor may be in an abusive, destructive or inappropriate relationship. It is important that qualified professionals decide when and if law enforcement needs to be involved.

NASW urges the members of the Senate not to pass S.477.