General Assembly Raised Bill No. 1225
January Session, 2011 LCO No. 5060
*05060_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
General Assembly
Raised Bill No. 1225
January Session, 2011
LCO No. 5060
*05060_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
AN ACT CONCERNING FALSE REPORTS OF CHILD ABUSE OR NEGLECT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 17a-103 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) Any mandated reporter acting outside his professional capacity and any other person having reasonable cause to suspect or believe that any child under the age of eighteen is in danger of being abused, or has been abused or neglected, as defined in section 46b-120, may cause a written or oral report to be made to the Commissioner of Children and Families or his representative or a law enforcement agency. The Commissioner of Children and Families or his representative shall use his best efforts to obtain the name and address of a person who causes a report to be made pursuant to this section. In the case of an oral report, such report shall be recorded on tape and the commissioner or his representative shall announce to the person making such report that such report is being recorded and shall state the penalty for knowingly making a false report of child abuse or neglect under subsection (c) of section 17a-101e, as amended by this act.
(b) Notwithstanding the provisions of section 17a-101k, if the identity of any such person who made a report pursuant to subsection (a) of this section is known, and the commissioner or his representative suspects or knows that such person has knowingly made a false report, such identity shall be disclosed to the appropriate law enforcement agency and to the alleged perpetrator of the alleged abuse or neglect.
(c) Whenever the Commissioner of Children and Families receives three separate reports from a person pursuant to subsection (a) of this section alleging child abuse or neglect, and the investigation conducted by the commissioner pursuant to section 17a-101g determines that each of such reports is unsubstantiated, the commissioner shall investigate the making of such reports by such person to determine if there is reason to suspect that such person is knowingly making false reports in violation of subsection (c) of section 17a-101e, as amended by this act. If, after such investigation, the commissioner suspects or knows that such person has knowingly made one or more false reports, the commissioner shall, in accordance with subsection (b) of this section, disclose the identity of such person to the appropriate law enforcement agency and to the alleged perpetrator of such alleged abuse or neglect.
[(c)] (d) If the Commissioner of Children and Families, or his designee, receives a report alleging sexual abuse or serious physical abuse, including, but not limited to, a report that: (1) A child has died; (2) a child has been sexually assaulted; (3) a child has suffered brain damage, loss or serious impairment of a bodily function or organ; (4) a child has been sexually exploited; or (5) a child has suffered serious nonaccidental physical injury, he shall, within twenty-four hours of receipt of such report, notify the appropriate law enforcement agency.
Sec. 2. Section 17a-101e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) No employer shall discharge, or in any manner discriminate or retaliate against, any employee who in good faith makes a report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, as amended by this act, testifies or is about to testify in any proceeding involving child abuse or neglect. The Attorney General may bring an action in Superior Court against an employer who violates this subsection. The court may assess a civil penalty of not more than two thousand five hundred dollars and may order such other equitable relief as the court deems appropriate.
(b) Any person, institution or agency which, in good faith, makes, or in good faith does not make, the report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, as amended by this act, shall be immune from any liability, civil or criminal, which might otherwise be incurred or imposed and shall have the same immunity with respect to any judicial proceeding which results from such report provided such person did not perpetrate or cause such abuse or neglect.
(c) Any person who knowingly makes a false report of child abuse or neglect pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, as amended by this act, shall be fined not more than two thousand dollars or imprisoned not more than one year or both.
(d) Any person who knowingly makes a false report of child abuse or neglect pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, as amended by this act, shall be liable in damages to the person or persons identified in such report as being responsible for such alleged abuse or neglect.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 17a-103
Sec. 2 October 1, 2011 17a-101e
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
17a-103
Sec. 2
October 1, 2011
17a-101e
Statement of Purpose:
To provide for the investigation and liability of persons who make repeated false reports of child abuse or neglect.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]