BishopAccountability.org
Child Abuse Law Could Change in New York State

By Meghan E. Murphy
Times Herald-Record
December 19, 2011

http://www.recordonline.com/apps/pbcs.dll/article?AID=/20111219/NEWS/112190310

In the wake of charges against a Penn State football assistant coach, Albany legislators are calling to expand the list of those who are required by law to report suspected child abuse in New York.

The current state law requires immediate reporting of suspected child abuse, followed by written documentation within 48 hours for a long list of professionals who deal with children. The penalty for failure to report is a Class A misdemeanor and civil liability for subsequent damages.

Professionals who hold state licenses can also face disciplinary action from the state, said Pat Cantiello of the state Office of Children and Family Services.

In November, Assemblyman James Tedisco, R-Schenectady, proposed the "College Coaches and Professionals Reporting Act," extending the list of mandated reporters of child abuse. This week, Gov. Andrew Cuomo said he'll submit a bill to the Legislature for consideration as well.

While state law covers many school professionals, the mandate does not cover colleges. Some elementary and secondary school employees who don't hold teaching certificates are not subject to mandatory reporting, Middletown schools Superintendent Ken Eastwood said. He supported additions to the law.

Of the 168,000 reports of suspected child abuse made to the state hot line in 2010, 62.5 percent were made by mandated reporters, according to Cantiello. Reports made by mandated reporters more often had the necessary evidence to support follow up in a case.

Victims' advocate Kellyann Kostyal-Larrier, executive director of Safe Homes of Orange County, is eager to see the language of any bill. She said adding professions to the mandated list is fine, but there also needs to be follow-through by supervisors and law enforcement.

"What's really important around mandated reporters is support and continued training, and following through on the expectations around mandated reporting," Kostyal-Larrier said. "Are you going to charge people and hold them accountable for failure to protect children?"

Kostyal-Larrier says there already are instances where mandated reporters are failing to follow the law but face no consequences. She also said that everyone in a community has a moral responsibility to report suspected child abuse.

"It's unfortunate that we have to make a professional mandate as opposed to a community responsibility for our most vulnerable population," Kostyal-Larrier said.

Contact: mmurphy@th-record.com


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