New York State Assemblyman Steve Labriola announced last week that a bill he was a multi-sponsor on has passed the assembly. The bill amends the social services law to include members of the clergy to the list of mandated reporters who must report child abuse in a family setting to the state's hot line.
"Our children are most vulnerable," said Labriola "and child abuse is against the law. This bipartisan bill will further protect children from child abuse by expanding the list of mandated reporters who must inform law enforcement of this crime and prosecuting those mandated reporters who themselves abuse children."
According to Labriola, the bill:
* Adds members of the clergy to the list of mandated reporters who must report child abuse in a family setting to the state's hot line.
* Requires that the same mandated reporters report allegations of child abuse by any mandated reporter to law enforcement authorities.
* Provides that anyone who willfully fails to report child abuse be subject to a misdemeanor.
* Provides immunity from criminal and civil liability to any mandated reporter who makes a report of child abuse in good faith.
* Requires members of the clergy to search institutional records and information within three months and report allegations of child abuse occurring within 20 years prior to the enactment of this section and any allegations of child abuse by a member of the clergy still actively in the service of a religious institution.
Labriola noted that an exception exists for allegations learned through confidential communications on clergy that are privileged, but this exemption does not prevent reporting of information obtained by clergy in a non-confidential communication, and does not exempt a member of the clergy from any legal requirements to prevent further abuse.