BishopAccountability.org
	Trying to Sort It out By James V. Franco Troy Record [Albany NY] May 25, 2005 ALBANY - To break the three-year stalemate with the Senate, Assemblyman Jack McEneny, D-Albany, is pushing for a conference committee to sort out differences in legislation that would add members of the clergy to the list of professions that are mandated to report child abuse. McEneny said the only difference between his bill and the one expected to pass the Senate is that his extends a confidentiality privilege to certain professions like doctors, counselors and nurses. "Their profession will tell them how to handle the situation," he said. "Their profession does not allow them to ignore the issue, but it does not demand a knee-jerk reaction to pick up the phone and call the police." The problem with the bill sponsored by Sen. Stephen Saland, R-Poughkeepsie, is if a young person knows the police will automatically get called, he or she may not seek out the necessary help they need, McEneny said. Saland's office would only confirm the Senate is expected to pass his version of the bill before session wraps up on June 23. A number of groups have stated opposition to eliminating the confidentiality privilege, including the New York Civil Liberties Union, the New York State Coalition Against Domestic Violence and the National Association of Social Workers. "Advocates for adolescents and families recognize that police should not be brought into every situation involving sexual relations among young people," according to a memorandum in opposition submitted by NASW. "It is important that qualified professionals decide when and if law enforcement needs to be involved." The two sides are close to working out the so-called "high school sweetheart" clause, which would have required people working in the 31 professions currently mandated to report abuse to report an 18-year-old having consensual sex with a 16-year-old, which is technically considered statutory rape. The legislation was first introduced in 2002, in the wake of the clergy sexual abuse scandal that rocked the Catholic Church. Many fault decisions by church hierarchy to simply transfer a priest who sexually abused a minor to a different parish rather than alerting legal authorities. Both bills would require those in mandated professions to report abuse by others in mandated professions to the police or the district attorney. Failure to do so would be a class A misdemeanor and the person could be held civilly liable for damages. The bills would require members of the clergy to search institutional records and report any allegations of child abuse to the District Attorney. While the statute of limitations may prevent legal action, McEneny said it would reveal any serial pedophiles that were or still are in active ministry. It would exclude allegations learned through confidential communications such as a confession, and would not allow people a person who makes an erroneous charge to face civil or criminal penalties if they act in good faith. Incidents of abuse by a family member would still be reported to the Child Abuse Hot Line.