Memorandum in Opposition
S.1069 – Saland 

The New York State Chapter of the National Association of Social Workers is opposed to certain provisions in S.1069, an act seeking to require members of the clergy become mandated reporters with respect to suspected cases of child abuse. 

While, NASW-NYS supports the intent of this proposal, we are gravely concerned about Section 429-a(1)(i), which expands the definition of child abuse to include, among other crimes, all statutory sex offenses in Article 130 of the Penal Law – a provision that is sweeping in scope, encompassing all sexual conduct, even if consensual.

We fear that such a provision will discourage minors from obtaining vital health care out of fear that conversation with a healthcare provider or counselor will no longer be held in confidence. 

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.

It is for the above stated reasons, NASW-NYS urges the New York State Legislature to re-examine this initiative.