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General Assembly Raised Bill No. 891
January Session, 2019
LCO No. 4002
Referred to Committee on COMMITTEE ON CHILDREN
Introduced by:
(KID)
AN ACT CONCERNING TH E FAILURE TO REPORT SUSPECTED
CHILD ABUSE OR NEGLE CT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 17a-101a of the general statutes is repealed and 1
the following is substituted in lieu thereof (Effective July 1, 2019): 2
(a) (1) Any mandated reporter, as described in section 17a-101, who 3
in the ordinary course of such person's employment or profession has 4
reasonable cause to suspect or believe that any child under the age of 5
eighteen years (A) has been abused or neglected, as described in 6
section 46b-120, (B) has had nonaccidental physical injury, or injury 7
which is at variance with the history given of such injury, inflicted 8
upon such child, or (C) is placed at imminent risk of serious harm, or 9
(2) any school employee, as defined in section 53a-65, who in the 10
ordinary course of such person's employment or profession has 11
reasonable cause to suspect or believe that any person who is being 12
educated by the Technical Education and Career System or a local or 13
regional board of education, other than as part of an adult education 14
program, is a victim under the provisions of section 53a-70, 53a-70a, 15 Raised Bill No. 891
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53a-71, 53a-72a, 53a-72b or 53a-73a, and the perpetrator is a school 16
employee shall report or cause a report to be made in accordance with 17
the provisions of sections 17a-101b to 17a-101d, inclusive. 18
[(b) (1) Any person required to report under the provisions of this 19
section who fails to make such report or fails to make such report 20
within the time period prescribed in sections 17a-101b to 17a-101d, 21
inclusive, and section 17a-103 shall be guilty of a class A misdemeanor, 22
except that such person shall be guilty of a class E felony if (A) such 23
violation is a subsequent violation, (B) such violation was wilful or 24
intentional or due to gross negligence, or (C) such person had actual 25
knowledge that (i) a child was abused or neglected, as described in 26
section 46b-120, or (ii) a person was a victim described in subdivision 27
(2) of subsection (a) of this section. 28
(2) Any person who intentionally and unreasonably interferes with 29
or prevents the making of a report pursuant to this section, or attempts 30
or conspires to do so, shall be guilty of a class D felony. The provisions 31
of this subdivision shall not apply to any child under the age of 32
eighteen years or any person who is being educated by the Technical 33
Education and Career System or a local or regional board of education, 34
other than as part of an adult education program. 35
(3) Any person found guilty under the provisions of this subsection 36
shall be required to participate in an educational and training 37
program. The program may be provided by one or mor e private 38
organizations approved by the commissioner, provided the entire cost 39
of the program shall be paid from fees charged to the participants, the 40
amount of which shall be subject to the approval of the commissioner. 41
(c) The Commissioner of Children and Families, or the 42
commissioner's designee, shall promptly notify the Chief State's 43
Attorney when there is reason to believe that any such person has 44
failed to make a report in accordance with this section.] 45
[(d)] (b) For purposes of this section and section 17a-101b, a 46
mandated reporter's suspicion or belief may be based on factors 47 Raised Bill No. 891
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including, but not limited to, observations, allegations, facts or 48
statements by a child, victim, as described in subdivision (2) of 49
subsection (a) of this section, or third party. Such suspicion or belief 50
does not require certainty or probable cause. 51
Sec. 2. Subsection (d) of section 17a-101i of the general statutes is 52
repealed and the following is substituted in lieu thereof (Effective July 53
1, 2019): 54
(d) If a school employee, as defined in section 53a-65, or any person 55
holding a certificate, permit or authorization issued by the State Board 56
of Education under the provisions of sections 10-144o to 10-149, 57
inclusive, is convicted of a crime involving an act of child abuse or 58
neglect as described in section 46b-120 or a violation of subdivision (2) 59
of subsection [(b) of section 17a-101a] (d) of section 17a-101o, as 60
amended by this act, or section 53-21, 53a-71 or 53a-73a against any 61
person, or a violation of section 53a-70, 53a-70a, 53a-72a or 53a-72b 62
against a victim, as described in subdivision (2) of subsection (a) of 63
section 17a-101a, as amended by this act, the state's attorney for the 64
judicial district in which the conviction occurred shall in writing notify 65
the superintendent of the school district or the supervisory agent of the 66
nonpublic school in which the person is employed and the 67
Commissioner of Education of such conviction. 68
Sec. 3. Section 17a-101o of the general statutes is repealed and the 69
following is substituted in lieu thereof (Effective July 1, 2019): 70
(a) If the Commissioner of Children and Families suspects or knows 71
that a mandated reporter, as defined in section 17a-101, [employed by 72
a local or regional board of education,] has failed to make a report that 73
a child has been abused or neglected or placed in immediate risk of 74
serious harm within the time period prescribed in sections 17a-101a to 75
17a-101d, inclusive, as amended by this act, and section 17a-103, the 76
commissioner shall make a record of such delay and develop and 77
maintain a database of such records. The commissioner shall 78
investigate such delayed reporting. Such investigation shall be 79 Raised Bill No. 891
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conducted in accordance with the policy developed in subsection (b) of 80
this section. [, and include the actions taken by the employing local or 81
regional board of education or superintendent of schools for the 82
district in response to such employee's failure to report.] 83
(b) The Department of Children and Families shall develop a policy 84
for the investigation of delayed reports by mandated reporters and the 85
failure of mandated reporters to make reports within the time period 86
prescribed in sections 17a-101b to 17a-101d, inclusive, and section 17a-87
103. Such policy shall include, but not be limited to, when referrals to 88
the [appropriate law enforcement agency] Chief State's Attorney for 89
delayed reporting and the failure to report are required and when the 90
department shall require mandated reporters who have been found to 91
have delayed making a report or failed to report to participate in the 92
educational and training program pursuant to subsection [(b) of 93
section 17a-101a] (d) of this section. 94
(c) If the Commissioner of Children and Families suspects or knows 95
that a mandated reporter, as defined in section 17a-101, employed by a 96
local or regional board of education, has failed to make a report that a 97
child has been abused or neglected or placed in immediate risk of 98
serious harm within the time period prescribed in sections 17a-101b to 99
17a-101d, inclusive, and section 17a-103, the commissioner shall 100
investigate such delayed reporting and report the findings of such 101
investigation, including any documentation of concerns related to such 102
findings, if applicable, to such local or regional board of education, the 103
superintendent of schools for the school district in which the mandated 104
reporter is employed and the Department of Education. Such 105
investigation shall be conducted in accordance with the policy 106
developed in subsection (b) of this section, and shall include, but need 107
not be limited to, the actions taken by the employing local or regional 108
board of education or superintendent of schools for the school district 109
in response to such employee's failure to report. 110
(d) (1) Any person required to report under the provisions of section 111
17a-101a, as amended by this act, who fails to make such report or fails 112 Raised Bill No. 891
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to make such report within the time period prescribed in sections 17a-113
101b to 17a-101d, inclusive, and section 17a-103 shall be guilty of a 114
class A misdemeanor, except that such person shall be guilty of a class 115
E felony if (A) such violation is a subsequent violation, (B) such 116
violation was wilful or intentional or due to gross negligence, or (C) 117
such person had actual knowledge that (i) a child was abused or 118
neglected, as described in section 46b-120, or (ii) a person was a victim 119
as described in subdivision (2) of subsection (a) of section 17a-101a, as 120
amended by this act. 121
(2) Any person who intentionally or unreasonably interferes with or 122
prevents the making of a report pursuant to section 17a-101a, as 123
amended by this act, or attempts or conspires to do so, shall be guilty 124
of a class D felony. The provisions of this subdivision shall not apply 125
to any child under the age of eighteen years or any person who is 126
being educated by the Technical Education and Career System or a 127
local or regional board of education, other than as part of an adult 128
education program. 129
(3) Any person found guilty under the provisions of this subsection 130
shall be required to participate in an educational and training 131
program. The program may be provided by one or more private 132
organizations approved by the commissioner, provided the entire cost 133
of the program shall be paid from fees charged to the participants, the 134
amount of which shall be subject to the approval of the commissioner. 135
[(c)] (e) For purposes of this section, "child" includes any victim 136
described in subdivision (2) of subsection (a) of section 17a-101a, as 137
amended by this act. 138
Sec. 4. Subdivision (3) of subsection (i) of section 10-145b of the 139
general statutes is repealed and the following is substituted in lieu 140
thereof (Effective July 1, 2019): 141
(3) When the Commissioner of Education is notified, pursuant to 142
section 10-149a, as amended by this act, or 17a-101i, as amended by 143
this act, that a person holding a certificate, permit or authorization 144 Raised Bill No. 891
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issued by the State Board of Education under the provisions of sections 145
10-144o to 10-149, inclusive, has been convicted of (A) a capital felony, 146
under the provisions of section 53a-54b in effect prior to April 25, 2012, 147
(B) arson murder, pursuant to section 53a-54d, (C) a class A felony, (D) 148
a class B felony, except a violation of section 53a-122, 53a-252 or 53a-149
291, (E) a crime involving an act of child abuse or neglect as described 150
in section 46b-120, or (F) a violation of section [17a-101a] 17a-101o, as 151
amended by this act, 53-21, 53-37a, 53a-60b, 53a-60c, 53a-71, 53a-72a, 152
53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 153
53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or subsection (a) of 154
section 21a-277, any certificate, permit or authorization issued by the 155
State Board of Education and held by such person shall be deemed 156
revoked and the commissioner shall notify such person of such 157
revocation, provided such person may request reconsideration 158
pursuant to regulations adopted by the State Board of Education, in 159
accordance with the provisions of chapter 54. As part of such 160
reconsideration process, the board shall make the initial determination 161
as to whether to uphold or overturn the revocation. The commissioner 162
shall make the final determination as to whether to uphold or overturn 163
the revocation. 164
Sec. 5. Section 10-145i of the general statutes is repealed and the 165
following is substituted in lieu thereof (Effective July 1, 2019): 166
Notwithstanding the provisions of sections 10-144o to 10-146b, 167
inclusive, and 10-149, the State Board of Education shall not issue or 168
reissue any certificate, authorization or permit pursuant to said 169
sections if (1) the applicant for such certificate, authorization or permit 170
has been convicted of any of the following: (A) A capital felony, as 171
defined under the provisions of section 53a-54b in effect prior to April 172
25, 2012; (B) arson murder, as defined in section 53a-54d; (C) any class 173
A felony; (D) any class B felony except a violation of section 53a-122, 174
53a-252 or 53a-291; (E) a crime involving an act of child abuse or 175
neglect as described in section 46b-120; or (F) a violation of section 176
[17a-101a] 17a-101o, as amended by this act, 53-21, 53-37a, 53a-60b, 177
53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-178 Raised Bill No. 891
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103a, 53a-181c, 53a-191, 53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 179
or a violation of subsection (a) of section 21a-277, and (2) the applicant 180
completed serving the sentence for such conviction within the five 181
years immediately preceding the date of the application. 182
Sec. 6. Section 10-149a of the general statutes is repealed and the 183
following is substituted in lieu thereof (Effective July 1, 2019): 184
If a person holding a certificate, authorization or permit issued by 185
the State Board of Education under the provisions of sections 10-144o 186
to 10-149, inclusive, is convicted of a felony or fined pursuant to 187
section [17a-101a] 17a-101o, as amended by this act, the state's attorney 188
or assistant state's attorney for the judicial district in which the 189
conviction or fine occurred shall notify, in writing, the Commissioner 190
of Education of such conviction or fine. 191
Sec. 7. Subsection (m) of section 10-222c of the general statutes is 192
repealed and the following is substituted in lieu thereof (Effective July 193
1, 2019): 194
(m) No local or regional board of education, council, operator or 195
supervisory agent shall offer employment to any applicant who had 196
any previous employment contract terminated by a board, council, 197
operator or supervisory agent or who resigned from such 198
employment, if such person has been convicted of a violation of 199
section [17a-101a] 17a-101o, as amended by this act, when an allegation 200
of abuse or neglect or sexual assault has been substantiated. 201
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 17a-101a
Sec. 2 July 1, 2019 17a-101i(d)
Sec. 3 July 1, 2019 17a-101o
Sec. 4 July 1, 2019 10-145b(i)(3)
Sec. 5 July 1, 2019 10-145i
Sec. 6 July 1, 2019 10-149a
Sec. 7 July 1, 2019 10-222c(m) Raised Bill No. 891
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Statement of Purpose:
To reorganize statutes related to the failure to report suspected child
abuse and 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.]