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Connecticut ‘s Child Connecticut ‘s Child Abuse And Neglect Abuse And Neglect Laws and Procedures Laws and Procedures 2013 2013 Presented by: Francis J. Carino Presented by: Francis J. Carino Supervisory Assistant State’s Attorney Supervisory Assistant State’s Attorney Recognizing and Responding Recognizing and Responding to Child Abuse and Neglect to Child Abuse and Neglect
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Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Apr 01, 2015

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Page 1: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Connecticut ‘s Child Abuse Connecticut ‘s Child Abuse And NeglectAnd Neglect

Laws and ProceduresLaws and Procedures

Connecticut ‘s Child Abuse Connecticut ‘s Child Abuse And NeglectAnd Neglect

Laws and ProceduresLaws and Procedures

20132013

Presented by: Francis J. CarinoPresented by: Francis J. CarinoSupervisory Assistant State’s AttorneySupervisory Assistant State’s Attorney

Recognizing and RespondingRecognizing and Respondingto Child Abuse and Neglectto Child Abuse and Neglect

Page 2: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

WARNING!WARNING!WARNING!WARNING!This presentation and the slides that follow are the work This presentation and the slides that follow are the work product and intellectual property of Francis J. Carino and product and intellectual property of Francis J. Carino and the Connecticut Division of Criminal Justice. They may the Connecticut Division of Criminal Justice. They may not be used, copied or otherwise presented or reproduced not be used, copied or otherwise presented or reproduced without the express written consent of Francis J. Carino or without the express written consent of Francis J. Carino or the Connecticut Division of Criminal Justice. the Connecticut Division of Criminal Justice.

NOTE: This material was updated on July 1, 2013 and may have been amended or changed as a result of intervening legislation, court decisions or agency policies. Your local State’s Attorney’s office should be consulted for the latest information.

Click here to begin slideshow.(slides will then advance automatically)

Page 3: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

IntroductionIntroduction

Child abuse and neglect are a serious concern of the law Child abuse and neglect are a serious concern of the law enforcement officer. enforcement officer.

Connecticut law requires officers to report any actual or even Connecticut law requires officers to report any actual or even suspected child abuse or neglect to the Department of suspected child abuse or neglect to the Department of Children and Families for further investigation and possible Children and Families for further investigation and possible removal of the child if necessary.removal of the child if necessary.

It is a critical that the officer understand and be able to It is a critical that the officer understand and be able to recognize:recognize:the obvious and subtle signs and characteristics of abused the obvious and subtle signs and characteristics of abused and neglected children, and neglected children, the risk factors and situations where a child might be in the risk factors and situations where a child might be in danger, and danger, and the correct procedure for reporting such situations.the correct procedure for reporting such situations.

Page 4: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Course ObjectivesCourse Objectives

Upon completion of the class, the officer will know:Upon completion of the class, the officer will know:

Who is a Mandated Reporter? (CGS §17a-101)Who is a Mandated Reporter? (CGS §17a-101)Child Protection Definitions (CGS §46b-120)Child Protection Definitions (CGS §46b-120)Signs of Child Abuse and NeglectSigns of Child Abuse and NeglectRisk Factors for Child Abuse & NeglectRisk Factors for Child Abuse & NeglectWhat must be reported? (CGS §17a-101a & PA 11-180)What must be reported? (CGS §17a-101a & PA 11-180)When and how is a report made? (CGS §17a-101b & c)When and how is a report made? (CGS §17a-101b & c)What is included in the report? (CGS §17a-101d & PA 13-297)What is included in the report? (CGS §17a-101d & PA 13-297)What is the penalty for failing to report? (CGS §17a-101a)What is the penalty for failing to report? (CGS §17a-101a)Is there a penalty for filing a false report? (CGS §17a-101e(c))Is there a penalty for filing a false report? (CGS §17a-101e(c))What if no abuse or neglect is found? (CGS §17a-101e(b))What if no abuse or neglect is found? (CGS §17a-101e(b))

Page 5: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Mandated ReporterMandated Reporter RequirementsRequirements

Page 6: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Chiropractors Chiropractors Clergy Clergy Dentists & Dental Hygienists Dentists & Dental Hygienists Domestic Violence Counselors, Sexual Assault/Battered Victim’s Counselors Domestic Violence Counselors, Sexual Assault/Battered Victim’s Counselors Licensed Marital and Family Therapists Licensed Marital and Family Therapists Licensed or Unlicensed Resident Interns or Resident Physicians Licensed or Unlicensed Resident Interns or Resident Physicians Licensed Physicians, Practical Nurses, Substance Abuse Counselors or Surgeons Licensed Physicians, Practical Nurses, Substance Abuse Counselors or Surgeons Medical Examiners Medical Examiners Mental Health Professionals, Licensed Professional Counselor & Psychologists Mental Health Professionals, Licensed Professional Counselor & Psychologists Optometrists, Osteopaths Optometrists, Osteopaths Pharmacists Pharmacists Physical Therapists Physical Therapists Physician Assistants Physician Assistants Podiatrists Podiatrists Police, Juvenile/Adult Probation/Parole Officers, Licensed/Certified EMS providerPolice, Juvenile/Adult Probation/Parole Officers, Licensed/Certified EMS providerRegistered Nurses Registered Nurses School Guidance Counselors, Paraprofessionals, Principals, Teachers, Coaches, Supt. School Guidance Counselors, Paraprofessionals, Principals, Teachers, Coaches, Supt. Social Workers Social Workers Any person paid to care for a child in any public or private facility, day care center,Any person paid to care for a child in any public or private facility, day care center, group day care home or family day care home licensed by the Stategroup day care home or family day care home licensed by the StateThe Child Advocate or an employee of the Office of the Child Advocate The Child Advocate or an employee of the Office of the Child Advocate DCF/DPH employee responsible for licensing child/group/family day care homes/campsDCF/DPH employee responsible for licensing child/group/family day care homes/camps

Who is a Mandated Reporter? (CGS §17a-101)Who is a Mandated Reporter? (CGS §17a-101)

Page 7: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Section 3(b) of Public Act 11-93 added the following to the Section 3(b) of Public Act 11-93 added the following to the list of mandated reporters:list of mandated reporters:

(1) substitute teachers; (1) substitute teachers;

(2) school administrators; (2) school administrators;

(3) coaches employed by schools rather than all coaches, (3) coaches employed by schools rather than all coaches, including intramural or interscholastic coaches; and including intramural or interscholastic coaches; and

(4) any other person who has a contract with the school (4) any other person who has a contract with the school and regular contact with students in grades K-12 and and regular contact with students in grades K-12 and provides services to or on behalf of students in the provides services to or on behalf of students in the course of his or her duties. course of his or her duties.

Who else is a Mandated Reporter? (PA 11-93)Who else is a Mandated Reporter? (PA 11-93)

Page 8: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Reporting Responsibilities Reporting Responsibilities and Proceduresand Procedures

Page 9: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Reporting Child Abuse and Neglect

Department of Children and Families

Where do you call?Where do you call?

To report suspected abuse/neglect: Child Abuse and To report suspected abuse/neglect: Child Abuse and Neglect Hotline (Available: 24/7)Neglect Hotline (Available: 24/7)

For information about available services: DCF Information For information about available services: DCF Information and Referral services (Available: 8:30 am to 5:00 pm, and Referral services (Available: 8:30 am to 5:00 pm, Monday through Friday)Monday through Friday)

The Hotline: 1-800-842-2288The Hotline: 1-800-842-2288TDD Number: 1-800-624-5518 TDD Number: 1-800-624-5518 Law Enforcement Dedicated Line: 860-550-6550Law Enforcement Dedicated Line: 860-550-6550 (police (police only)only)

The Hotline is staffed by full-time, highly-skilled The Hotline is staffed by full-time, highly-skilled professionals of the Department who receive and process professionals of the Department who receive and process reports of alleged child abuse and neglect. The Hotline reports of alleged child abuse and neglect. The Hotline worker gathers critical information from the caller to worker gathers critical information from the caller to determine if a report meets Connecticut's statutory determine if a report meets Connecticut's statutory criteria for child abuse or neglect. Those reports that meet criteria for child abuse or neglect. Those reports that meet the criteria are forwarded to a DCF case investigator for the criteria are forwarded to a DCF case investigator for prompt and appropriate action. prompt and appropriate action.

Page 10: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Child Protection DefinitionsChild Protection Definitions

Page 11: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Abused - a child or youth who:Abused - a child or youth who:

(A)(A) has been inflicted with physical injury or injuries other has been inflicted with physical injury or injuries other than by accidental means, or than by accidental means, or

(B) has injuries that are at variance with the history given (B) has injuries that are at variance with the history given of them, or of them, or

(C) is in a condition that is the result of maltreatment such (C) is in a condition that is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of or exploitation, deprivation of

necessities, emotional maltreatment necessities, emotional maltreatment

or cruel punishment; or cruel punishment;

Child Protection Definitions (CGS §46b-120)Child Protection Definitions (CGS §46b-120)

Page 12: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Neglected - a child or youth who: Neglected - a child or youth who:

(A)(A) has been abandoned, or has been abandoned, or

(B) is being denied proper care and attention, (B) is being denied proper care and attention, physically, educationally, emotionally or physically, educationally, emotionally or morally, or morally, or

(C) is being permitted to live under conditions, (C) is being permitted to live under conditions, circumstances or associations injurious to the circumstances or associations injurious to the well-being of the child or youth;well-being of the child or youth;

Child Protection Definitions (CGS §46b-120)Child Protection Definitions (CGS §46b-120)

Page 13: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Uncared for - a child or youth who is homeless or whose Uncared for - a child or youth who is homeless or whose home cannot provide the specialized care that the home cannot provide the specialized care that the physical, emotional or mental condition of the child physical, emotional or mental condition of the child requires. requires.

Child Protection Definitions (CGS §46b-120)Child Protection Definitions (CGS §46b-120)

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Signs of Child Abuse or NeglectSigns of Child Abuse or Neglect

Page 15: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

1.Unexplained injuries. Visible signs of physical abuse may include unexplained burns or bruises in the shape of objects. You may hear unconvincing explanations of a child's injuries. 2.Changes in behavior. Abuse can lead to many changes in a child's behavior. Abused children often appear scared, anxious, depressed, withdrawn or more aggressive. 3.Returning to earlier behaviors. Abused children may display behaviors shown at earlier ages, such as thumb-sucking, bed-wetting, fear of the dark or strangers. For some children, even loss of acquired language or memory problems may be an issue. 4.Fear of going home. Abused children may express apprehension or anxiety about leaving school or about going places with the person who is abusing them. 5.Changes in eating. The stress, fear and anxiety caused by abuse can lead to changes in a child's eating behaviors, which may result in weight gain or weight loss.

Signs of Child Abuse or NeglectSigns of Child Abuse or Neglect

Page 16: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

6.6.Changes in sleeping.Changes in sleeping. Abused children may have frequent Abused children may have frequent nightmares or have difficulty falling asleep, and as a result nightmares or have difficulty falling asleep, and as a result may appear tired or fatigued. may appear tired or fatigued. 7.7.Changes in school performance and attendance.Changes in school performance and attendance. Abused children may have difficulty concentrating in school or Abused children may have difficulty concentrating in school or have excessive absences, sometimes due to adults trying to have excessive absences, sometimes due to adults trying to hide the children's injuries from authorities. hide the children's injuries from authorities. 8.8.Lack of personal care or hygiene.Lack of personal care or hygiene. Abused and neglected Abused and neglected children may appear uncared for. They may present as children may appear uncared for. They may present as consistently dirty and have severe body odor, or they may consistently dirty and have severe body odor, or they may lack sufficient clothing for the weather. lack sufficient clothing for the weather. 9.9.Risk-taking behaviors.Risk-taking behaviors. Young people who are being Young people who are being abused may engage in high-risk activities such as using abused may engage in high-risk activities such as using drugs or alcohol or carrying a weapon. drugs or alcohol or carrying a weapon. 10.10.Inappropriate sexual behaviors.Inappropriate sexual behaviors. Children who have Children who have been sexually abused may exhibit overly sexualized behavior been sexually abused may exhibit overly sexualized behavior or use explicit sexual language. or use explicit sexual language.

Source: www.joyfulheartfoundation.orgSource: www.joyfulheartfoundation.org

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Risk Factors for Child Risk Factors for Child Abuse and NeglectAbuse and Neglect

Page 18: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

While child abuse and neglect occurs in all types of families -While child abuse and neglect occurs in all types of families -even in those that look happy from the outside - children are even in those that look happy from the outside - children are at a much greater risk in certain situations. at a much greater risk in certain situations.

Domestic violence. Domestic violence. Witnessing domestic violence is Witnessing domestic violence is terrifying to children and emotionally abusive. Even if the terrifying to children and emotionally abusive. Even if the mother does her best to protect her children and keeps them mother does her best to protect her children and keeps them from being physically abused, the situation is still extremely from being physically abused, the situation is still extremely damaging. damaging.

Alcohol and drug abuse.Alcohol and drug abuse. Living with an alcoholic or addict is Living with an alcoholic or addict is very difficult for children and can easily lead to abuse and very difficult for children and can easily lead to abuse and neglect. Parents who are drunk or high are unable to care for neglect. Parents who are drunk or high are unable to care for their children, make good parenting decisions, and control their children, make good parenting decisions, and control often-dangerous impulses. Substance abuse also commonly often-dangerous impulses. Substance abuse also commonly leads to physical abuse.leads to physical abuse.

Risk Factors for Child Abuse & NeglectRisk Factors for Child Abuse & Neglect

Page 19: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Untreated mental illness. Untreated mental illness. Parents suffering from Parents suffering from depression, anxiety disorder, or another mental illness have depression, anxiety disorder, or another mental illness have trouble taking care of themselves, much less their children. A trouble taking care of themselves, much less their children. A mentally ill or traumatized parent may be distant and mentally ill or traumatized parent may be distant and withdrawn from his or her children, or quick to anger without withdrawn from his or her children, or quick to anger without understanding why. understanding why.

Lack of parenting skills.Lack of parenting skills. Some caregivers never learned the Some caregivers never learned the skills necessary for good parenting. Teen parents might have skills necessary for good parenting. Teen parents might have unrealistic expectations about how much care babies and unrealistic expectations about how much care babies and small children need. Parents who where themselves victims small children need. Parents who where themselves victims of child abuse may only know how to raise their children the of child abuse may only know how to raise their children the way they were raised.way they were raised.

Stress and lack of supportStress and lack of support. . Parenting can be a very time-Parenting can be a very time-intensive, difficult job. Caring for a child with a disability, intensive, difficult job. Caring for a child with a disability, special needs, or difficult behaviors is also a challenge. special needs, or difficult behaviors is also a challenge.

Risk Factors for Child Abuse & NeglectRisk Factors for Child Abuse & Neglect

Source: www.helpguide.orgSource: www.helpguide.org

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Illegal activity. Illegal activity. Parents or other household members, Parents or other household members, including other persons permitted access to the residence or including other persons permitted access to the residence or to the children, may also place children at risk in the following to the children, may also place children at risk in the following ways: ways:

giving higher priority to conducting the illegal activity than to giving higher priority to conducting the illegal activity than to the care and welfare of the children;the care and welfare of the children;

endangering the children by exposing them to the illegal endangering the children by exposing them to the illegal activity or to dangerous persons or situations associated with activity or to dangerous persons or situations associated with the activity;the activity;

the children themselves may be used as part of the illegal the children themselves may be used as part of the illegal activity or as payment or collateral for debts or insurance activity or as payment or collateral for debts or insurance associated with the activity;associated with the activity;

Additional Risk Factors for Child Abuse & NeglectAdditional Risk Factors for Child Abuse & Neglect

Page 21: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

When investigating a crime suchWhen investigating a crime suchas a drug crime, prostitution, human as a drug crime, prostitution, human trafficking, domestic violence or animal trafficking, domestic violence or animal cruelty, be alert for signs that a child might cruelty, be alert for signs that a child might be endangered by the criminal activity or be endangered by the criminal activity or environment.environment.

Consider adding a risk of injury, reckless Consider adding a risk of injury, reckless endangerment or cruelty to persons charge.endangerment or cruelty to persons charge.

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Making the ReportMaking the Report

Page 23: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

What must be reported? (CGS §17a-101a)What must be reported? (CGS §17a-101a)

Mandated reporters are required to report orMandated reporters are required to report orcause a report to be made when, in theircause a report to be made when, in theirprofessional capacity, they have reasonableprofessional capacity, they have reasonablecause to suspect or believe that a child under thecause to suspect or believe that a child under theage of 18age of 18

has been abused, neglected, or has been abused, neglected, or has had non-accidental physical injury, or has had non-accidental physical injury, or injury which is at variance with the historyinjury which is at variance with the history given of such injury, orgiven of such injury, or is placed in imminent risk of serious harmis placed in imminent risk of serious harm

Page 24: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

What must be reported? (PA 11-180)What must be reported? (PA 11-180)

Police are also required to report to DCF the arrest of any Police are also required to report to DCF the arrest of any 16 or 17 year old youth for a violation of CGS §53a-82 16 or 17 year old youth for a violation of CGS §53a-82 (prostitution).(prostitution).

PA 10-115 amended CGS §53a-82 so only a person 16 or PA 10-115 amended CGS §53a-82 so only a person 16 or older can be charged with the crime of prostitution and in any older can be charged with the crime of prostitution and in any prosecution of a person 16 or 17 years old for prostitution, prosecution of a person 16 or 17 years old for prostitution, there is a presumption that the person was coerced into there is a presumption that the person was coerced into committing the offense by another person.committing the offense by another person.

NOTE: NOTE: since the purpose of this new law is to protect minors since the purpose of this new law is to protect minors from the harms associated with sexual exploitation and from the harms associated with sexual exploitation and human trafficking, a report should be made in the case of any human trafficking, a report should be made in the case of any child under the age of 18 who is engaged in or being used for child under the age of 18 who is engaged in or being used for such activity even if the child or youth is not arrested on the such activity even if the child or youth is not arrested on the specific charge of prostitution. See PA 11-180.specific charge of prostitution. See PA 11-180.

Page 25: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

When and how is a report made? (CGS §17a-101b & c)When and how is a report made? (CGS §17a-101b & c)

Mandated reporters are required to make an Mandated reporters are required to make an oraloral report, by telephone or in person to DCF or the report, by telephone or in person to DCF or the police, as soon as practical but not later thanpolice, as soon as practical but not later than

twelve hours after the mandated reporter hastwelve hours after the mandated reporter hasreasonable cause to suspect or believe that areasonable cause to suspect or believe that achild has been abused or neglected or placed child has been abused or neglected or placed

ininimminent risk of serious harm.imminent risk of serious harm.

If police receive an oral report, they shall If police receive an oral report, they shall immediately notify DCF.immediately notify DCF. A written report (DCF form 136) shall be filedA written report (DCF form 136) shall be filed

within 48 hours of the oral report.within 48 hours of the oral report.

Page 26: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

What is included in the report? (CGS §17a-101d)What is included in the report? (CGS §17a-101d)

Oral and written reports shall contain (if known):Oral and written reports shall contain (if known):

names and addresses of the child and his parents ornames and addresses of the child and his parents orresponsible caregiver(s)responsible caregiver(s)

child's age and gender child's age and gender nature and extent of injury, maltreatment or neglectnature and extent of injury, maltreatment or neglect approximate date and time the injury, maltreatment or approximate date and time the injury, maltreatment or

neglect occurredneglect occurred previous injury, maltreatment or neglect of the child or previous injury, maltreatment or neglect of the child or

siblingssiblings the circumstances in which the injuries, maltreatment or the circumstances in which the injuries, maltreatment or

neglect became known to the reporterneglect became known to the reporter name of the person suspected to be responsible for the name of the person suspected to be responsible for the

injury, maltreatment or neglectinjury, maltreatment or neglect any action taken to treat or help the child any action taken to treat or help the child any other information the reporter believes would be any other information the reporter believes would be helpful helpful

Page 27: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

What else must be included in the report? (PA 11-93)What else must be included in the report? (PA 11-93)

PA 11-93 (§15) also requires oral and written reports of all PA 11-93 (§15) also requires oral and written reports of all mandated reporters to contain, if known:mandated reporters to contain, if known:

the reasons the reporter believes the person or persons the reasons the reporter believes the person or persons are suspected of causing the child’s injuries, are suspected of causing the child’s injuries,

maltreatment maltreatment or neglect, andor neglect, and any information concerning any prior cases in which the any information concerning any prior cases in which the

alleged perpetrator has been suspected of causing the alleged perpetrator has been suspected of causing the child harm;child harm;

PA 11-93 also requires anyone reporting child abuse or PA 11-93 also requires anyone reporting child abuse or neglect, including non-mandated reporters, to provide an neglect, including non-mandated reporters, to provide an authorized investigator all information that the reporter authorized investigator all information that the reporter possesses related to the investigation, except that possesses related to the investigation, except that information that state or federal law expressly prohibits.information that state or federal law expressly prohibits.

Page 28: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

What is the penalty for failing to report? (CGS §17a-101a)What is the penalty for failing to report? (CGS §17a-101a)

Fine of not less than $500 nor more than $2500 Fine of not less than $500 nor more than $2500 and required participation in an educational and and required participation in an educational and training program.training program.

Until October 1, 2013

After October 1, 2013

The failure of a mandated reporter to make a The failure of a mandated reporter to make a timely report of suspected child abuse or neglect is timely report of suspected child abuse or neglect is a class A misdemeanor along with the required a class A misdemeanor along with the required participation in an educational and training participation in an educational and training program. (PA 13-297)program. (PA 13-297)

Page 29: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

What is the penalty for failing to report? (CGS §17a-101a)What is the penalty for failing to report? (CGS §17a-101a)

PA 11-93 also requires the DCF Commissioner to PA 11-93 also requires the DCF Commissioner to promptly notify the Chief State’s Attorney when promptly notify the Chief State’s Attorney when there is reason to believe that a mandated reporter there is reason to believe that a mandated reporter has failed to make a required report or makes a has failed to make a required report or makes a late report.late report.

Mandated reporters could also be sued for Mandated reporters could also be sued for damages if further injury is caused to the child damages if further injury is caused to the child because they failed to file the required report.because they failed to file the required report.

By law, the Chief State’s Attorney must notify the By law, the Chief State’s Attorney must notify the State Department of Education Commissioner in State Department of Education Commissioner in writing when individuals holding State Board of writing when individuals holding State Board of Education issued credentials are fined under the Education issued credentials are fined under the mandated reporter law. (CGS §10-149a)mandated reporter law. (CGS §10-149a)

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Changes Regarding Sending Copies of ReportChanges Regarding Sending Copies of Report  

By law, when a mandated reporter submits to DCF a written By law, when a mandated reporter submits to DCF a written report of suspected abuse or neglect involving an employee report of suspected abuse or neglect involving an employee of a public or private school or institution, the reporter must of a public or private school or institution, the reporter must also submit a copy of the report to the person in charge of also submit a copy of the report to the person in charge of the school.the school.  Under prior law, if the report concerned a school employee Under prior law, if the report concerned a school employee who held a state certificate, authorization, or permit, the who held a state certificate, authorization, or permit, the person in charge of the school had to send a copy of the person in charge of the school had to send a copy of the report to the State Department of Education commissioner report to the State Department of Education commissioner or his designee.or his designee.  PA 11-93 (§9) now requires the DCF commissioner to PA 11-93 (§9) now requires the DCF commissioner to send SDE the copy.send SDE the copy.

Page 31: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Changes Regarding Sending Copies of ReportChanges Regarding Sending Copies of Report  

Previously, if the employee in question worked for a state-Previously, if the employee in question worked for a state-licensed facility or institution that provided care for a child, licensed facility or institution that provided care for a child, the mandated reporter also had to send a copy of the report the mandated reporter also had to send a copy of the report to the “executive head of the state licensing agency.”to the “executive head of the state licensing agency.”  PA 11-93 (§9) now requires the DCF commissioner to PA 11-93 (§9) now requires the DCF commissioner to send it instead.send it instead.

Page 32: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Is there a penalty for filing a false report? (CGS §17a-101e(c))Is there a penalty for filing a false report? (CGS §17a-101e(c))

Any person who knowingly makes a false report of Any person who knowingly makes a false report of child abuse or neglect shall be fined not more than child abuse or neglect shall be fined not more than $2000 or imprisoned not more than one year or $2000 or imprisoned not more than one year or both.both.

Page 33: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

What if no abuse or neglect is found? (CGS §17a-101e(b))What if no abuse or neglect is found? (CGS §17a-101e(b))

Anyone participating in good faith in the making of a Anyone participating in good faith in the making of a report of child abuse and who has reasonable grounds report of child abuse and who has reasonable grounds for making the report, shall have immunity from any for making the report, shall have immunity from any liability, civil or liability, civil or criminalcriminal, that might otherwise be , that might otherwise be incurred or imposed with respect to the making or incurred or imposed with respect to the making or content of such report. content of such report.

Any such participant shall have the same immunity Any such participant shall have the same immunity with respect to participating in any judicial proceeding with respect to participating in any judicial proceeding resulting from such report.resulting from such report.

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When in doubt…When in doubt…

File a Report!!!File a Report!!!There is a penalty if you don’t.There is a penalty if you don’t.

There is immunity if you do.There is immunity if you do.

Page 35: Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures Connecticut ‘s Child Abuse And Neglect Laws and Procedures Laws and Procedures.

Francis J. CarinoSupervisory Assistant State’s Attorney

Office of the Chief State’s Attorney300 Corporate PlaceRocky Hill, CT 06067Tel.: (860) 258-5826Fax: (860) 258-5858

Voice Pager: (860) 490-0647E-mail: [email protected]

CT Juvenile Law website: www.francarino.com

Francis J. CarinoSupervisory Assistant State’s Attorney

Office of the Chief State’s Attorney300 Corporate PlaceRocky Hill, CT 06067Tel.: (860) 258-5826Fax: (860) 258-5858

Voice Pager: (860) 490-0647E-mail: [email protected]

CT Juvenile Law website: www.francarino.com

For more information, contact:For more information, contact: