[Adopted 6-11-2002 by Res. No. 543-2002]
The County of Suffolk hereby establishes a formal child sexual
abuse reporting policy as follows:
A.
Each County department that has a contract or agreement with any individual, partnership, corporation, joint venture, business organization, or other entity which receives payments from the County of Suffolk, either directly or as a conduit for payment from another level of government, shall notify such individual, partnership, corporation, joint venture, business organization, or other entity that Suffolk County requires full compliance with the reporting and disclosure provisions of Subsection C of this section, as a condition precedent to receipt of such payment and continuing receipt of such payment, in those instances in which an allegation has been made of sexual abuse of a minor by any employee or member of such contract vendor, including any member of the clergy, involving any of the following sex offenses:
(1)
Rape in the third degree, § 130.25 (less than 17 years
old) of the New York Penal Law;
(2)
Rape in the second degree, § 130.30 (less than 14 years
old) of the New York Penal Law;
(3)
Rape in the first degree, § 130.35 (less than 11 years
old) of the New York Penal Law;
(4)
Criminal sexual act in the third degree, § 130.40 (less
than 17 years old) of the New York Penal Law;
(5)
Criminal sexual act in the second degree, § 130.45 (less
than 14 years old) of the New York Penal Law;
(6)
Criminal sexual act in the first degree, § 130.50 (less
than 11 years old) of the New York Penal Law;
(7)
Sexual abuse in the third degree, § 130.55 (less than 17
years old) of the New York Penal Law;
(8)
Sexual abuse in the second degree, § 130.60 (less than
14 years old) of the New York Penal Law;
(9)
Sexual abuse in the first degree, § 130.65 (less than 11
years old) of the New York Penal Law;
(10)
Aggravated sexual abuse in the third degree, § 130.66
(less than 11 years old) of the New York Penal Law;
(11)
Aggravated sexual abuse in the second degree, § 130.67
(less than 11 years old) of the New York Penal Law;
(12)
Aggravated sexual abuse in the first degree, § 130.70
(less than 11 years old) of the New York Penal Law;
(13)
Course of sexual conduct against a child in the first degree,
§ 130.75 (less than 11 years old) of the New York Penal
Law; and
(14)
Course of sexual conduct against a child in the second degree,
§ 130.80 (less than 11 years old) of the New York Penal
Law;
(15)
Sexual misconduct, § 130.20 (sexual intercourse without
consent) of the New York Penal Law;
(16)
Forcible touching, § 130.52 (sexual or intimate parts)
of the New York Penal Law;
(17)
Persistent sexual abuse, § 130.53 (two or more convictions
within the past 10 years for less than 17 years old or 14 years old)
of the New York Penal Law;
(18)
Aggravated sexual abuse in the fourth degree, § 130.65a
(less than 17 years old) of the New York Penal Law;
(19)
Female genital mutilation, § 130.85 (less than 18
years old, nonmedical procedure) of the New York Penal Law;
(20)
Facilitating a sex offense with a controlled substance, § 130.90
(without consent to commit a felony) of the New York Penal Law.
B.
CLERGY
MINOR
Definitions. For the purposes of this article, the following terms
shall have the meanings indicated:
A duly authorized bishop, pastor, rector, priest, rabbi,
minister, imam, nun, or a person having authority from, or in accordance
with, the rules and regulations of the governing ecclesiastical body
of the denomination or order, if any, to which the church belongs,
or otherwise from the church, synagogue, or mosque to preside over
and direct the spiritual affairs of the church, synagogue, or mosque,
as the case may be.
Anyone under the age of 18 years of age;
C.
All supervisory, administrative, or management employees of any individual,
partnership, corporation, joint venture, business organization, or
other entity receiving payment from the County of Suffolk, either
directly or as a conduit for payment from another level of government,
under agreement or contract with the County of Suffolk, shall report
or cause a report to be made to 911 or the pertinent village, town,
or County Police Department when he, she, or it has reasonable cause
to suspect that a minor coming before it is or has been the victim
of sexual abuse, or when another person or clergy person comes before
it and states from personal knowledge facts, conditions, or circumstances
which, if correct, would render the minor a victim of sexual abuse
under any of the following sex offenses, said reporting to occur within
24 hours after forming the reasonable cause or first learning of the
allegations:
[Amended 8-28-2002 by Res. No. 819-2002]
(1)
Rape in the third degree, § 130.25 (less than 17 years
old) of the New York Penal Law;
(2)
Rape in the second degree, § 130.30 (less than 14 years
old) of the New York Penal Law;
(3)
Rape in the first degree, § 130.35 (less than 11 years
old) of the New York Penal Law;
(4)
Criminal sexual act in the third degree, § 130.40 (less
than 17 years old) of the New York Penal Law;
(5)
Criminal sexual act in the second degree, § 130.45 (less
than 14 years old) of the New York Penal Law;
(6)
Criminal sexual act in the first degree, § 130.50 (less
than 11 years old) of the New York Penal Law;
(7)
Sexual abuse in the third degree, § 130.55 (less than 17
years old) of the New York Penal Law;
(8)
Sexual abuse in the second degree, § 130.60 (less than
14 years old) of the New York Penal Law;
(9)
Sexual abuse in the first degree, § 130.65 (less than 11
years old) of the New York Penal Law;
(10)
Aggravated sexual abuse in the third degree, § 130.66
(less than 11 years old) of the New York Penal Law;
(11)
Aggravated sexual abuse in the second degree, § 130.67
(less than 11 years old) of the New York Penal Law;
(12)
Aggravated sexual abuse in the first degree, § 130.70
(less than 11 years old) of the New York Penal Law;
(13)
Course of sexual conduct against a child in the first degree,
§ 130.75 (less than 11 years old) of the New York Penal
Law;
(14)
Course of sexual conduct against a child in the second degree,
§ 130.80 (less than 11 years old) of the New York Penal
Law;
(15)
Sexual misconduct, § 130.20 (sexual intercourse without
consent) of the New York Penal Law;
(16)
Forcible touching, § 130.52 (sexual or intimate parts)
of the New York Penal Law;
(17)
Persistent sexual abuse, § 130.53 (two or more convictions
within the past 10 years for less than 17 years old or 14 years old)
of the New York Penal Law;
(18)
Aggravated sexual abuse in the fourth degree, § 130.65a
(less than 17 years old) of the New York Penal Law;
(19)
Female genital mutilation, § 130.85 (less than 18
years old nonmedical procedure) of the New York Penal Law; and
(20)
Facilitating a sex offense with a controlled substance, § 130.90
(without consent to commit a felony) of the New York Penal Law;
D.
Whenever a clergy person is required to report under this article,
in his or her capacity as a member of the clergy, he or she shall
immediately notify the person in charge of such church, synagogue,
or mosque, or his or her designated agent, who shall then also become
responsible to report or cause reports to be made to 911 or the pertinent
village, town, or County Police Department when he or she has reasonable
cause to suspect that a minor coming before him or her is or has been
the victim of sexual abuse, or when another clergy person comes before
him or her and states from personal knowledge facts, conditions, or
circumstances which, if correct, would render the minor a victim of
sexual abuse.
[Amended 8-28-2002 by Res. No. 819-2002]
E.
No information derived from a confession or confidential communication
to a clergyman shall be disclosed pursuant to the requirements of
this article if the confession or confidence is made to the clergyman
in his or her professional capacity as a spiritual advisor, unless
the person so confessing or confiding waives this privilege.
F.
All contract vendors covered by this article shall inform all of their employees in writing as to the disclosure requirements of this article and shall also inform them that each of them must report any allegations of child abuse covered in Subsection A of this section to supervisory, management, or designated administrative personnel of the employer.
Failure to comply with the terms and conditions of this article
shall result in the following:
A.
First violation: the contract vendor shall be issued a warning and
all supervisory, administrative, and management employees of such
contract vendor shall be required to attend a child sexual abuse prevention/education
workshop provided by a contract agency approved by the County of Suffolk
via duly enacted resolution, which workshop shall include specific
skills for adults to help prevent childhood sexual abuse; skills that
adults can teach children to help protect themselves from childhood
sexual abuse; skills for detecting the signs of childhood sexual abuse;
and how to report allegations of childhood sexual abuse. The cost
of this training shall be paid for by the contract vendor. In addition,
the contract vendor shall submit a corrective plan of action to the
Suffolk County Office of Labor Relations.
B.
Second violation within a three-year period subsequent to a first
violation: the contract vendor shall be subject to a fine of 10% of
the contracts that the pertinent violating individual supervisor,
manager, or administrator oversees, not to exceed $50,000. In addition,
the contract vendor shall be put on probation for three years. An
annual review shall be conducted by the Suffolk County Department
of Audit and Control.
C.
Third violation within a three-year period subsequent to a first
violation: the termination of the agreements with such individual,
partnership, corporation, joint venture, business organization, or
other entity overseen by the pertinent violating individual supervisor,
manager, or administrator and the withholding of all payments to said
individual, partnership, corporation, joint venture, business organization,
or other entity for such agreements regardless of whether such payments
are for past or future goods or services. The contract vendor shall
not be eligible for funding from the County for three years from the
date of such termination.
The Suffolk County Department of Law is hereby authorized, empowered,
and directed to issue and promulgate such rules and regulations as
shall be deemed necessary and appropriate to implement the provisions
of this article.
