| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on Public Health |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (PH) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING THE DISCLOSURE OF INFORMATION BY THE DEPARTMENT OF CHILDREN AND FAMILIES TO THE DEPARTMENT OF PUBLIC HEALTH. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Section 19a-80f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 29 | 29 | | |
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| 30 | 30 | | (a) As used in this section, "facility" means a child day care center, a group day care home and a family day care home, as defined in section 19a-77, and a youth camp, as defined in section 19a-420. |
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| 31 | 31 | | |
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| 32 | 32 | | (b) Notwithstanding any provision of the general statutes, the Commissioner of Children and Families, or the commissioner's designee, shall provide to the Department of Public Health all records concerning reports and investigations of [suspected] child abuse or neglect that have been reported to, or are being investigated by, the Department of Children and Families pursuant to section 17a-101g, including records of any administrative hearing held pursuant to section 17a-101k: (1) Occurring at any facility, and (2) by any staff member or licensee of any facility and by any household member of any family day care home, as defined in section 19a-77, irrespective of where the abuse or neglect occurred. |
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| 33 | 33 | | |
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| 34 | 34 | | (c) The Department of Children and Families and the Department of Public Health shall jointly investigate reports of abuse or neglect occurring at any facility. All information, records and reports concerning such investigation shall be shared between agencies as part of the investigative process. |
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| 35 | 35 | | |
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| 36 | 36 | | (d) The Commissioner of Public Health shall compile a listing of allegations of violations that have been substantiated by the Department of Public Health concerning a facility during the prior three-year period. The Commissioner of Public Health shall disclose information contained in the listing to any person who requests it, provided the information may be disclosed pursuant to sections 17a-101g and 17a-101k and does not identify children or family members of those children. |
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| 37 | 37 | | |
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| 38 | 38 | | (e) Notwithstanding any provision of the general statutes, when the Commissioner of Children and Families has made a finding substantiating abuse or neglect: (1) That occurred at a facility, or (2) by any staff member or licensee of any facility, or by any household member of any family day care home and such finding is included on the state child abuse or neglect registry, maintained by the Department of Children and Families pursuant to section 17a-101k, such finding may be included in the listing compiled by the Department of Public Health pursuant to subsection (d) of this section and may be disclosed to the public by the Department of Public Health. |
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| 39 | 39 | | |
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| 40 | 40 | | (f) Notwithstanding any provision of the general statutes, when the Commissioner of Children and Families, pursuant to section 17a-101j, has notified the Department of Public Health of [suspected] a recommended finding of child abuse or neglect at a facility and if such child abuse or neglect resulted in or involves (1) the death of a child; (2) the risk of serious physical injury or emotional harm of a child; (3) the serious physical harm of a child; (4) the arrest of a person due to abuse or neglect of a child; (5) a petition filed by the Commissioner of Children and Families pursuant to section 17a-112 or 46b-129; or (6) sexual abuse of a child, the Commissioner of Public Health may include [a] such finding of child abuse or neglect in the listing under subsection (d) of this section and may disclose such finding to the public. [If the] The Commissioner of Children and Families, or the commissioner's designee, [notifies] shall immediately notify the Commissioner of Public Health [that] when such child abuse or neglect [was] is not substantiated after an investigation [or] has been completed pursuant to subsection (b) of section 17a-101g or a recommended finding of child abuse or neglect is reversed after a hearing or appeal [, the] conducted in accordance with the provisions of section 17a-101k. The Commissioner of Public Health shall immediately remove such information from the listing and shall not further disclose any such information to the public. |
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| 41 | 41 | | |
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| 42 | 42 | | (g) Notwithstanding any provision of the general statutes, all records provided by the Commissioner of Children and Families, or the commissioner's designee, to the Department of Public Health regarding child abuse or neglect occurring at any facility, may be utilized in an administrative proceeding or court proceeding relative to facility licensing. In any such proceeding, such records shall be confidential, except as provided by the provisions of section 4-177c, and such records shall not be subject to disclosure pursuant to section 1-210. |
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| 43 | 43 | | |
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| 44 | 44 | | |
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| 45 | 45 | | |
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| 46 | 46 | | |
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| 47 | 47 | | This act shall take effect as follows and shall amend the following sections: |
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| 48 | 48 | | Section 1 October 1, 2011 19a-80f |
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| 49 | 49 | | |
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| 50 | 50 | | This act shall take effect as follows and shall amend the following sections: |
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| 51 | 51 | | |
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| 52 | 52 | | Section 1 |
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| 53 | 53 | | |
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| 54 | 54 | | October 1, 2011 |
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| 55 | 55 | | |
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| 56 | 56 | | 19a-80f |
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| 57 | 57 | | |
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| 58 | 58 | | |
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| 59 | 59 | | |
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| 60 | 60 | | PH Joint Favorable |
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