BY JEFF CHUDZINSKI
North Country This Week

CANTON — A resolution that would make members of clergy mandated reporters of child abuse failed to pass in the St. Lawrence County Operations Committee Monday, Aug. 14.

Introduced in the state Senate, the Child Abuse Reporting Expansion Act (CARES Act would require clergy to become mandated reporters of sexual and physical child abuse.

The vote failed in a 7–7-1, with County Legislator Ben Hull abstaining. Hull’s abstention is likely due to his affiliation with the Christian Fellowship Center as the bill has been pushed in Albany by an advocacy group called CFCtoo, which includes former members of the church.

Though Chairman David Forsythe made the motion to table the resolution, citing a lack of feedback from state representatives and clarity in the bill, legislators took a vote to advance the bill at the request of Legislator Margaret Haggard.

Voting in favor of the bill were Legislators Haggard, John Burke, Nicole Terminelli, Jim Reagen, Harry Smithers and Larry Denesha.

Voting against the measure were Legislators Glenn Webster, Rita Curran, Joseph Lightfoot, David Forsythe, Bill Sheridan and Daniel Fay.

Curran, Forysthe and Sheridan all said they could not vote to advance the resolution citing ambiguity in the language of the bill and a lack of feedback from state representatives.

Legislator Harry Smithers, a Republican from Gouverneur, voiced support for the resolution and urged his fellow legislators to do so as well.

“I have no problem supporting this resolution, it’s pretty straight forward,” he said.

Haggard also voiced support, noting that many other states have similar laws in place.

“Over 28 states have adopted this law, which requires clergy to be mandated reporters, along with a multitude of other people who are mandated reporters,” she said.

Haggard expanded on her position further, saying the CARES Act is an extension of a pre-existing law in New York State, though as of the meeting the Senate bill remained in committee, she said.

“It’s important and it’s about the kids,” she continued.

Though many legislators voiced strong support to pass the resolution as written, Forsythe questioned why attorneys were not also included in the Senate bill.

According to St. Lawrence County Attorney Steve Button, many states have expanded on similar bills rapidly in the past four years. Button said prior to that timeframe, only four states included such provisions that would require a multitude of professions to be listed as mandated reporters.

Attorneys, however, are in a unique position, he said.

Button told legislators that despite attorney-client privilege, there is ethical guidance in New York that if a client voices the potential to commit a crime, an attorney does have discretion to report the possibility to authorities.

To date, only clergy are part of the CARES Act, Button confirmed to legislators.

Forsythe questioned whether the act could be amended to include attorneys, though Button said it appeared doubtful that would advance the bill.

“Theoretically you could, I don’t know how many attorneys would be comfortable with that,” Button responded.

To date, Forsythe said only Senator Mark Walcyzk has openly voiced support for the bill. Walcyzk is a co-sponsor of the CARES Act, also known as Senate Bill 3158.

Forsythe said despite his best efforts, he has yet to learn where Assemblyman Scott Gray, Assemblyman Ken Blankenbush and Senator Dan Stec all stand on the measure.

All three represent portions of St. Lawrence County.

“It doesn’t sound like it’s really moving,” Forsythe said.

Button told legislators the bill was previously introduced three years prior and failed to advance on the Senate floor as well.

Legislators also questioned the nuances of the bill and when clergy would specifically be required to report potential abuse, in particular in relation to confession.

“So if someone confesses to clergy, it has to be reported, correct,” Glenn Webster said.

“I know it encompasses a lot, I know we’re focused on saving kids,” Button said the board has discussed the intricacies before, saying that exceptions could be carved out, like confessional.

“As a mandated reporter, mandated reporter isn’t necessarily about what is verbally communicated to you, per se. If you’re a preacher, you’re operating in a church scenario, you’re a rabbi operating in a synagogue scenario, you’re a priest and you’re operating in a Catholic church and you observe something when they’re walking in, before they’ve even gotten to the confessional box, that gives rise or pause or concern about something you have to report, you may have to report it,” Button said.

Button expanded further, telling legislators that abuse does not just mean sexual or physical abuse as well but can extend to neglect situations like improper housing, lack of proper medical care and even potentially the lack of vaccinations if deemed medically necessary for the health of the child.

According to Button, it is not as simple as saying communication between a parishioner and priest can trigger mandatory reporting since what is said and what is observed can be far different.

“Under the provision of this act, if a person goes into the confessional and makes a confession, the priest is not required to violate the sanctity of the confession. That’s my reading of the actual amendment. Isn’t that what it says,” Legislator Jim Reagen asked.

Button said that is in fact the case for Catholics, however the same may not apply to other religions since various sects and different religions do not have confessional, per se.

According to Button, the question revolves around what constitutes the act of confession, saying it is a fairly open interpretation to a question that he is not entirely certain how to answer.

Despite the failure to advance the bill, Legislator Larry Denesha said he has spoken to clergy who support the legislation.

“I spoke with three Protestant clergy and all three were in favor. When you have members of the clergy that are in favor of this legislation, they are certainly more well versed in what their obligations are, I think it’s important to note,” Legislator Larry Denesha said.

With resolution defeated, only a member of the committee who voted against the measure is able to bring it back for a future vote.