Connecticut 2019 Regular Session

Connecticut Senate Bill SB00891 Compare Versions

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Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 891
	5	+	General Assembly Raised Bill No. 891
8	6		January Session, 2019
	7	+	LCO No. 4002
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	10	+	Referred to Committee on COMMITTEE ON CHILDREN
	11	+
	12	+
	13	+	Introduced by:
	14	+	(KID)
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14	19		AN ACT CONCERNING TH E FAILURE TO REPORT SUSPECTED
15	20		CHILD ABUSE OR NEGLE CT.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19	24		Section 1. Section 17a-101a of the general statutes is repealed and 1
20	25		the following is substituted in lieu thereof (Effective July 1, 2019): 2
21	26		(a) (1) Any mandated reporter, as described in section 17a-101, who 3
22	27		in the ordinary course of such person's employment or profession has 4
23	28		reasonable cause to suspect or believe that any child under the age of 5
24	29		eighteen years (A) has been abused or neglected, as described in 6
25	30		section 46b-120, (B) has had nonaccidental physical injury, or injury 7
26	31		which is at variance with the history given of such injury, inflicted 8
27	32		upon such child, or (C) is placed at imminent risk of serious harm, or 9
28	33		(2) any school employee, as defined in section 53a-65, who in the 10
29	34		ordinary course of such person's employment or profession has 11
30	35		reasonable cause to suspect or believe that any person who is being 12
31	36		educated by the Technical Education and Career System or a local or 13
32	37		regional board of education, other than as part of an adult education 14
33		-	program, is a victim under the provisions of section 53a-70, 53a-70a, 15
	38	+	program, is a victim under the provisions of section 53a-70, 53a-70a, 15 Raised Bill No. 891
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34	44		53a-71, 53a-72a, 53a-72b or 53a-73a, and the perpetrator is a school 16
35	45		employee shall report or cause a report to be made in accordance with 17
36		-	the provisions of sections 17a-101b to 17a-101d, inclusive. 18 Substitute Bill No. 891
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	46	+	the provisions of sections 17a-101b to 17a-101d, inclusive. 18
43	47		[(b) (1) Any person required to report under the provisions of this 19
44	48		section who fails to make such report or fails to make such report 20
45	49		within the time period prescribed in sections 17a-101b to 17a-101d, 21
46	50		inclusive, and section 17a-103 shall be guilty of a class A misdemeanor, 22
47	51		except that such person shall be guilty of a class E felony if (A) such 23
48	52		violation is a subsequent violation, (B) such violation was wilful or 24
49	53		intentional or due to gross negligence, or (C) such person had actual 25
50	54		knowledge that (i) a child was abused or neglected, as described in 26
51	55		section 46b-120, or (ii) a person was a victim described in subdivision 27
52	56		(2) of subsection (a) of this section. 28
53	57		(2) Any person who intentionally and unreasonably interferes with 29
54	58		or prevents the making of a report pursuant to this section, or attempts 30
55	59		or conspires to do so, shall be guilty of a class D felony. The provisions 31
56	60		of this subdivision shall not apply to any child under the age of 32
57	61		eighteen years or any person who is being educated by the Technical 33
58	62		Education and Career System or a local or regional board of education, 34
59	63		other than as part of an adult education program. 35
60	64		(3) Any person found guilty under the provisions of this subsection 36
61	65		shall be required to participate in an educational and training 37
62	66		program. The program may be provided by one or mor e private 38
63	67		organizations approved by the commissioner, provided the entire cost 39
64	68		of the program shall be paid from fees charged to the participants, the 40
65	69		amount of which shall be subject to the approval of the commissioner. 41
66	70		(c) The Commissioner of Children and Families, or the 42
67	71		commissioner's designee, shall promptly notify the Chief State's 43
68	72		Attorney when there is reason to believe that any such person has 44
69	73		failed to make a report in accordance with this section.] 45
70	74		[(d)] (b) For purposes of this section and section 17a-101b, a 46
71		-	mandated reporter's suspicion or belief may be based on factors 47
	75	+	mandated reporter's suspicion or belief may be based on factors 47 Raised Bill No. 891
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72	81		including, but not limited to, observations, allegations, facts or 48
73	82		statements by a child, victim, as described in subdivision (2) of 49
74		-	subsection (a) of this section, or third party. Such suspicion or belief 50 Substitute Bill No. 891
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	83	+	subsection (a) of this section, or third party. Such suspicion or belief 50
81	84		does not require certainty or probable cause. 51
82	85		Sec. 2. Subsection (d) of section 17a-101i of the general statutes is 52
83	86		repealed and the following is substituted in lieu thereof (Effective July 53
84	87		1, 2019): 54
85	88		(d) If a school employee, as defined in section 53a-65, or any person 55
86	89		holding a certificate, permit or authorization issued by the State Board 56
87	90		of Education under the provisions of sections 10-144o to 10-149, 57
88	91		inclusive, is convicted of a crime involving an act of child abuse or 58
89	92		neglect as described in section 46b-120 or a violation of subdivision (2) 59
90	93		of subsection [(b) of section 17a-101a] (d) of section 17a-101o, as 60
91	94		amended by this act, or section 53-21, 53a-71 or 53a-73a against any 61
92	95		person, or a violation of section 53a-70, 53a-70a, 53a-72a or 53a-72b 62
93	96		against a victim, as described in subdivision (2) of subsection (a) of 63
94	97		section 17a-101a, as amended by this act, the state's attorney for the 64
95	98		judicial district in which the conviction occurred shall in writing notify 65
96	99		the superintendent of the school district or the supervisory agent of the 66
97	100		nonpublic school in which the person is employed and the 67
98	101		Commissioner of Education of such conviction. 68
99	102		Sec. 3. Section 17a-101o of the general statutes is repealed and the 69
100	103		following is substituted in lieu thereof (Effective July 1, 2019): 70
101	104		(a) If the Commissioner of Children and Families suspects or knows 71
102	105		that a mandated reporter, as defined in section 17a-101, [employed by 72
103	106		a local or regional board of education,] has failed to make a report that 73
104	107		a child has been abused or neglected or placed in immediate risk of 74
105	108		serious harm within the time period prescribed in sections 17a-101a to 75
106	109		17a-101d, inclusive, as amended by this act, and section 17a-103, the 76
107	110		commissioner shall make a record of such delay and develop and 77
108	111		maintain a database of such records. The commissioner shall 78
109		-	investigate such delayed reporting. Such investigation shall be 79
	112	+	investigate such delayed reporting. Such investigation shall be 79 Raised Bill No. 891
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110	118		conducted in accordance with the policy developed in subsection (b) of 80
111	119		this section. [, and include the actions taken by the employing local or 81
112		-	regional board of education or superintendent of schools for the 82 Substitute Bill No. 891
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	120	+	regional board of education or superintendent of schools for the 82
119	121		district in response to such employee's failure to report.] 83
120	122		(b) The Department of Children and Families shall develop a policy 84
121	123		for the investigation of delayed reports by mandated reporters and the 85
122	124		failure of mandated reporters to make reports within the time period 86
123	125		prescribed in sections 17a-101b to 17a-101d, inclusive, and section 17a-87
124	126		103. Such policy shall include, but not be limited to, when referrals to 88
125	127		the [appropriate law enforcement agency] Chief State's Attorney for 89
126	128		delayed reporting and the failure to report are required and when the 90
127	129		department shall require mandated reporters who have been found to 91
128	130		have delayed making a report or failed to report to participate in the 92
129	131		educational and training program pursuant to subsection [(b) of 93
130	132		section 17a-101a] (d) of this section. 94
131	133		(c) If the Commissioner of Children and Families suspects or knows 95
132		-	that a mandated reporter, as ~~described~~ in section 17a-101, employed by 96
133		-	a local or regional board of education, has failed to make a report that 97
134		-	a child has been abused or neglected or placed in immediate risk of 98
	134	+	that a mandated reporter, as defined in section 17a-101, employed by a 96
	135	+	local or regional board of education, has failed to make a report that a 97
	136	+	child has been abused or neglected or placed in immediate risk of 98
135	137		serious harm within the time period prescribed in sections 17a-101b to 99
136	138		17a-101d, inclusive, and section 17a-103, the commissioner shall 100
137	139		investigate such delayed reporting and report the findings of such 101
138	140		investigation, including any documentation of concerns related to such 102
139	141		findings, if applicable, to such local or regional board of education, the 103
140	142		superintendent of schools for the school district in which the mandated 104
141	143		reporter is employed and the Department of Education. Such 105
142	144		investigation shall be conducted in accordance with the policy 106
143	145		developed in subsection (b) of this section, and shall include, but need 107
144	146		not be limited to, the actions taken by the employing local or regional 108
145	147		board of education or superintendent of schools for the school district 109
146	148		in response to such employee's failure to report. 110
147	149		(d) (1) Any person required to report under the provisions of section 111
148		-	17a-101a, as amended by this act, who fails to make such report or fails 112
	150	+	17a-101a, as amended by this act, who fails to make such report or fails 112 Raised Bill No. 891
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149	156		to make such report within the time period prescribed in sections 17a-113
150	157		101b to 17a-101d, inclusive, and section 17a-103 shall be guilty of a 114
151		-	class A misdemeanor, except that such person shall be guilty of a class 115 Substitute Bill No. 891
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	158	+	class A misdemeanor, except that such person shall be guilty of a class 115
158	159		E felony if (A) such violation is a subsequent violation, (B) such 116
159	160		violation was wilful or intentional or due to gross negligence, or (C) 117
160	161		such person had actual knowledge that (i) a child was abused or 118
161	162		neglected, as described in section 46b-120, or (ii) a person was a victim 119
162	163		as described in subdivision (2) of subsection (a) of section 17a-101a, as 120
163	164		amended by this act. 121
164		-	(2) Any person who intentionally ~~and~~ unreasonably interferes with 122
165		-	or prevents the making of a report pursuant to section 17a-101a, as 123
	165	+	(2) Any person who intentionally or unreasonably interferes with or 122
	166	+	prevents the making of a report pursuant to section 17a-101a, as 123
166	167		amended by this act, or attempts or conspires to do so, shall be guilty 124
167	168		of a class D felony. The provisions of this subdivision shall not apply 125
168	169		to any child under the age of eighteen years or any person who is 126
169	170		being educated by the Technical Education and Career System or a 127
170	171		local or regional board of education, other than as part of an adult 128
171	172		education program. 129
172	173		(3) Any person found guilty under the provisions of this subsection 130
173	174		shall be required to participate in an educational and training 131
174	175		program. The program may be provided by one or more private 132
175	176		organizations approved by the commissioner, provided the entire cost 133
176	177		of the program shall be paid from fees charged to the participants, the 134
177	178		amount of which shall be subject to the approval of the commissioner. 135
178	179		[(c)] (e) For purposes of this section, "child" includes any victim 136
179	180		described in subdivision (2) of subsection (a) of section 17a-101a, as 137
180	181		amended by this act. 138
181	182		Sec. 4. Subdivision (3) of subsection (i) of section 10-145b of the 139
182	183		general statutes is repealed and the following is substituted in lieu 140
183	184		thereof (Effective July 1, 2019): 141
184	185		(3) When the Commissioner of Education is notified, pursuant to 142
185	186		section 10-149a, as amended by this act, or 17a-101i, as amended by 143
186		-	this act, that a person holding a certificate, permit or authorization 144
187		-	issued by the State Board of Education under the provisions of sections 145
188		-	10-144o to 10-149, inclusive, has been convicted of (A) a capital felony, 146 Substitute Bill No. 891
	187	+	this act, that a person holding a certificate, permit or authorization 144 Raised Bill No. 891
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	193	+	issued by the State Board of Education under the provisions of sections 145
	194	+	10-144o to 10-149, inclusive, has been convicted of (A) a capital felony, 146
195	195		under the provisions of section 53a-54b in effect prior to April 25, 2012, 147
196	196		(B) arson murder, pursuant to section 53a-54d, (C) a class A felony, (D) 148
197	197		a class B felony, except a violation of section 53a-122, 53a-252 or 53a-149
198	198		291, (E) a crime involving an act of child abuse or neglect as described 150
199	199		in section 46b-120, or (F) a violation of section [17a-101a] 17a-101o, as 151
200	200		amended by this act, 53-21, 53-37a, 53a-60b, 53a-60c, 53a-71, 53a-72a, 152
201	201		53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 153
202	202		53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or subsection (a) of 154
203	203		section 21a-277, any certificate, permit or authorization issued by the 155
204	204		State Board of Education and held by such person shall be deemed 156
205	205		revoked and the commissioner shall notify such person of such 157
206	206		revocation, provided such person may request reconsideration 158
207	207		pursuant to regulations adopted by the State Board of Education, in 159
208	208		accordance with the provisions of chapter 54. As part of such 160
209	209		reconsideration process, the board shall make the initial determination 161
210	210		as to whether to uphold or overturn the revocation. The commissioner 162
211	211		shall make the final determination as to whether to uphold or overturn 163
212	212		the revocation. 164
213	213		Sec. 5. Section 10-145i of the general statutes is repealed and the 165
214	214		following is substituted in lieu thereof (Effective July 1, 2019): 166
215	215		Notwithstanding the provisions of sections 10-144o to 10-146b, 167
216	216		inclusive, and 10-149, the State Board of Education shall not issue or 168
217	217		reissue any certificate, authorization or permit pursuant to said 169
218	218		sections if (1) the applicant for such certificate, authorization or permit 170
219	219		has been convicted of any of the following: (A) A capital felony, as 171
220	220		defined under the provisions of section 53a-54b in effect prior to April 172
221	221		25, 2012; (B) arson murder, as defined in section 53a-54d; (C) any class 173
222	222		A felony; (D) any class B felony except a violation of section 53a-122, 174
223	223		53a-252 or 53a-291; (E) a crime involving an act of child abuse or 175
224	224		neglect as described in section 46b-120; or (F) a violation of section 176
225	225		[17a-101a] 17a-101o, as amended by this act, 53-21, 53-37a, 53a-60b, 177
226		-	53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-178
227		-	103a, 53a-181c, 53a-191, 53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 179 Substitute Bill No. 891
	226	+	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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	232	+	103a, 53a-181c, 53a-191, 53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 179
234	233		or a violation of subsection (a) of section 21a-277, and (2) the applicant 180
235	234		completed serving the sentence for such conviction within the five 181
236	235		years immediately preceding the date of the application. 182
237	236		Sec. 6. Section 10-149a of the general statutes is repealed and the 183
238	237		following is substituted in lieu thereof (Effective July 1, 2019): 184
239	238		If a person holding a certificate, authorization or permit issued by 185
240	239		the State Board of Education under the provisions of sections 10-144o 186
241	240		to 10-149, inclusive, is convicted of a felony or fined pursuant to 187
242	241		section [17a-101a] 17a-101o, as amended by this act, the state's attorney 188
243	242		or assistant state's attorney for the judicial district in which the 189
244	243		conviction or fine occurred shall notify, in writing, the Commissioner 190
245	244		of Education of such conviction or fine. 191
246	245		Sec. 7. Subsection (m) of section 10-222c of the general statutes is 192
247	246		repealed and the following is substituted in lieu thereof (Effective July 193
248	247		1, 2019): 194
249	248		(m) No local or regional board of education, council, operator or 195
250	249		supervisory agent shall offer employment to any applicant who had 196
251	250		any previous employment contract terminated by a board, council, 197
252	251		operator or supervisory agent or who resigned from such 198
253	252		employment, if such person has been convicted of a violation of 199
254	253		section [17a-101a] 17a-101o, as amended by this act, when an allegation 200
255	254		of abuse or neglect or sexual assault has been substantiated. 201
256	255		This act shall take effect as follows and shall amend the following
257	256		sections:
258	257
259	258		Section 1 July 1, 2019 17a-101a
260	259		Sec. 2 July 1, 2019 17a-101i(d)
261	260		Sec. 3 July 1, 2019 17a-101o
262	261		Sec. 4 July 1, 2019 10-145b(i)(3)
263	262		Sec. 5 July 1, 2019 10-145i
264	263		Sec. 6 July 1, 2019 10-149a
265		-	Sec. 7 July 1, 2019 10-222c(m)
266		-	Substitute Bill No. 891
	264	+	Sec. 7 July 1, 2019 10-222c(m) Raised Bill No. 891
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273		-	KID Joint Favorable Subst.
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	271	+	Statement of Purpose:
	272	+	To reorganize statutes related to the failure to report suspected child
	273	+	abuse and neglect.
	274	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	275	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	276	+	not underlined.]
274	277