Substitute Senate Bill No. 929
Public Act No. 19-120
AN ACT CONCERNING TH E INCLUSION OF ADDIT IONAL
MANDATED REPORTERS, THE DURATION OF CHIL D ABUSE
AND NEGLECT INVESTIG ATIONS, CHILD ABUSE AND NEGLECT
REGISTRY CHECKS AND THE REPEAL OF CERTAI N REPORTING
REQUIREMENTS OF THE DEPARTMENT OF CHILDR EN AND
FAMILIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 17a-101 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(b) The following persons shall be mandated reporters: (1) Any
physician or surgeon licensed under the provisions of chapter 370, (2)
any resident physician or intern in any hospital in this state, whether
or not so licensed, (3) any registered nurse, (4) any licensed practical
nurse, (5) any medical examiner, (6) any dentist, (7) any dental
hygienist, (8) any psychologist, (9) any school employee, as defined in
section 53a-65, (10) any social worker, (11) any person who holds or is
issued a coaching permit by the State Board of Education, is a coach of
intramural or interscholastic athletics and is eighteen years of age or
older, (12) any individual who is employed as a coach or director of
youth athletics and is eighteen years of age or older, (13) any
individual who is employed as a coach or director of a private youth Substitute Senate Bill No. 929
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sports organization, league or team and is eighteen years of age or
older, (14) any paid administrator, faculty, staff, athletic director,
athletic coach or athletic trainer employed by a public or private
institution of higher education who is eighteen years of age or older,
excluding student employees, (15) any police officer, (16) any juvenile
or adult probation officer, (17) any juvenile or adult parole officer, (18)
any member of the clergy, (19) any pharmacist, (20) any physical
therapist, (21) any optometrist, (22) any chiropractor, (23) any
podiatrist, (24) any mental health professional, (25) any physician
assistant, (26) any person who is a licensed or certified emergency
medical services provider, (27) any person who is a licensed or
certified alcohol and drug counselor, (28) any person who is a licensed
marital and family therapist, (29) any person who is a sexual assault
counselor or a domestic violence counselor, as defined in section 52-
146k, (30) any person who is a licensed professional counselor, (31) any
person who is a licensed foster parent, (32) any person paid to care for
a child in any public or private facility, child care center, group child
care home or family child care home licensed by the state, (33) any
employee of the Department of Children and Families or any person
who, in the performance of such person's duties, has regular contact
with and provides services to or on behalf of children pursuant to a
contract with or credential issued by the Department of Children and
Families, (34) any employee of the Department of Public Health, (35)
any employee of the Office of Early Childhood who is responsible for
the licensing of child care centers, group child care homes, family child
care homes or youth camps, (36) any paid youth camp director or
assistant director, (37) the Child Advocate and any employee of the
Office of the Child Advocate, (38) any person who is a licensed
behavior analyst, [and] (39) any family relations counselor, family
relations counselor trainee or family services supervisor employed by
the Judicial Department, (40) any victim services advocate employed
by the Office of Victim Services within the Judicial Department, and
(41) any employee of a juvenile justice program operated by or Substitute Senate Bill No. 929
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pursuant to a contract with the Court Support Services Division of the
Judicial Department.
Sec. 2. Subsection (a) of section 17a-101g of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2019):
(a) Upon receiving a report of child abuse or neglect, as provided in
sections 17a-101a to 17a-101c, inclusive, or section 17a-103, in which
the alleged perpetrator is (1) a person responsible for such child's
health, welfare or care, (2) a person given access to such child by such
responsible person, or (3) a person entrusted with the care of a child,
the Commissioner of Children and Families, or the commissioner's
designee, shall cause the report to be classified and evaluated
immediately. If the report contains sufficient information to warrant an
investigation, the commissioner shall make the commissioner's best
efforts to commence an investigation of a report concerning an
imminent risk of physical harm to a child or other emergency within
two hours of receipt of the report and shall commence an investigation
of all other reports within seventy-two hours of receipt of the report. A
report classified by the commissioner, or the commissioner's designee,
as lower risk may be referred for family assessment and services
pursuant to subsection (g) of this section. Any such report may
thereafter be referred for standard child protective services if safety
concerns for the child become evident. A report referred for standard
child protective services may be referred for family assessment and
services at any time if the department determines there is a lower risk
to the child. If the alleged perpetrator is a school employee, as defined
in section 53a-65, or is employed by an institution or facility licensed or
approved by the state to provide care for children, the department
shall notify the Department of Education or the state agency that has
issued such license or approval to the institution or facility of the
report and the commencement of an investigation by th e Substitute Senate Bill No. 929
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Commissioner of Children and Families. The department shall
complete any such investigation not later than [forty-five calendar]
thirty-three business days after the date of receipt of the report. If the
report is a report of child abuse or neglect in which the alleged
perpetrator is not a person specified in subdivision (1), (2) or (3) of this
subsection, the Commissioner of Children and Families shall refer the
report to the appropriate local law enforcement authority for the town
in which the child resides or in which the alleged abuse or neglect
occurred.
Sec. 3. Subsection (b) of section 17a-6a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2019):
(b) The Commissioner of Children and Families shall require each
vendor or contractor of the department and each employee of such
vendor or contractor [who] that provides direct services to children or
youths in the care and custody of the department or [who] that has
access to the department's records to submit to state and national
criminal history records checks, in accordance with section 29-17a. The
commissioner shall [also] check the (1) state child abuse and neglect
registry established pursuant to section 17a-101k for the name of such
vendor or contractor and each employee of such vendor or contractor
[who] that provides direct services to children or youths in the care
and custody of the department or has access to records [or clients] of
the department, and (2) child abuse and neglect registry in any state in
which a vendor or contractor or employee of a vendor or contractor
that provides direct services to children or youths in the care and
custody of the department or has access to records of the department
has resided in the preceding five years for the name of such vendor or
contractor or employee. The commissioner shall comply with any
request to check the child abuse and neglect registry established
pursuant to section 17a-101k made by the child welfare agency of Substitute Senate Bill No. 929
Public Act No. 19-120 5 of 9
another state.
Sec. 4. Section 17a-114 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2019):
(a) As used in this section, (1) "approval" or "approved" means that
a person has been approved to adopt or provide foster care by a child-
placing agency licensed pursuant to section 17a-149, (2) "licensed"
means a person holds a license to provide foster care issued by the
Department of Children and Families, (3) "fictive kin caregiver" means
a person who is twenty-one years of age or older and who is unrelated
to a child by birth, adoption or marriage but who has an emotionally
significant relationship with such child or such child's family
amounting to a familial relationship, and (4) "regular unsupervised
access" means periodic interaction with a child in the home for
purposes of unsupervised child care, medical or other services to the
child.
(b) (1) No child in the custody of the Commissioner of Children and
Families shall be placed in foster care with any person, unless (A) (i)
such person is licensed for that purpose by the department or the
Department of Developmental Services pursuant to the provisions of
section 17a-227, or (ii) such person's home is approved by a child
placing agency licensed by the commissioner pursuant to section 17a-
149, or (iii) such person has received approval as provided in this
section, and (B) on and after January 1, 2017, for a child twelve years of
age or older, such child has received a foster family profile in
accordance with the provisions of section 17a-114e. Any person
licensed by the department may be a prospective adoptive parent. The
commissioner shall adopt regulations, in accordance with the
provisions of chapter 54, to establish the licensing procedures and
standards.
(2) The commissioner shall require each applicant for licensure or Substitute Senate Bill No. 929
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approval pursuant to this section and any person sixteen years of age
or older living in the household of such applicant to submit to state
and national criminal history records checks prior to issuing a license
or approval to such applicant to accept placement of a child for
purposes of foster care or adoption. Such criminal history records
checks shall be conducted in accordance with section 29-17a. The
commissioner shall [also] check the (A) state child abuse and neglect
registry established pursuant to section 17a-101k for the name of such
applicant and for the name of any person sixteen years of age or older
living in the household of such applicant, and (B) child abuse and
neglect registry in any state in which such applicant or person resided
in the preceding five years for the name of such applicant or person.
(3) The commissioner shall require each individual licensed or
approved pursuant to this section and any person sixteen years of age
or older living in the household of such individual to submit to state
and national criminal history records checks prior to renewing a
license or approval for any individual providing foster care or
adopting. Such criminal history records checks shall be conducted in
accordance with section 29-17a. [The] Prior to such renewal, the
commissioner shall [also] check the (A) state child abuse and neglect
registry established pursuant to section 17a-101k for the name of such
applicant and for the name of any person sixteen years of age or older
living in the household of such applicant, [prior to such renewal] and
(B) child abuse and neglect registry in any state in which such
applicant or person resided in the preceding five years for the name of
such applicant or person.
(4) The commissioner shall comply with any request to check the
child abuse and neglect registry established pursuant to section 17a-
101k made by the child welfare agency of another state.
(c) Notwithstanding the requirements of subsection (b) of this
section, the commissioner may place a child with a relative or fictive Substitute Senate Bill No. 929
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kin caregiver who has not been issued a license or approval, when
such placement is in the best interests of the child, provided a
satisfactory home visit is conducted, a basic assessment of the family is
completed and such relative or fictive kin caregiver attests that such
relative or fictive kin caregiver and any adult living within the
household has not been convicted of a crime or arrested for a felony
against a person, for injury or risk of injury to or impairing the morals
of a child, or for the possession, use or sale of a controlled substance.
Any such relative or fictive kin caregiver who accepts placement of a
child shall be subject to licensure by the commissioner, pursuant to
regulations adopted by the commissioner in accordance with the
provisions of chapter 54 to implement the provisions of this section or
approval by a child-placing agency licensed pursuant to section 17a-
149. The commissioner may grant a waiver from such regulations,
including any standard regarding separate bedrooms or room-sharing
arrangements, for a child placed with a relative or fictive kin caregiver,
on a case-by-case basis, if such placement is otherwise in the best
interests of such child, provided no procedure or standard that is
safety-related may be so waived. The commissioner shall document, in
writing, the reason for granting any waiver from such regulations.
(d) Any individual who has been licensed or approved to adopt or
provide foster care and any relative or fictive kin caregiver shall apply
a reasonable and prudent parent standard, as defined in subsection (a)
of section 17a-114d, on behalf of the child.
Sec. 5. Subsection (a) of section 17a-151 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July
1, 2019):
(a) The Commissioner of Children and Families shall investigate the
conditions stated in each application made under the provisions of
sections 17a-145 and 17a-149 and shall require any person identified on
the application under said sections and any individual eighteen years Substitute Senate Bill No. 929
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of age or older who is employed by a child care facility licensed
pursuant to section 17a-145 to submit to (1) state and national criminal
history records checks, (2) a check of the state child abuse and neglect
registry established pursuant to section 17a-101k, and (3) a check of the
child abuse and neglect registry in any state in which such person or
individual resided in the preceding five years. The commissioner shall
comply with any request to check the child abuse and neglect registry
established pursuant to section 17a-101k made by the child welfare
agency of another state. The commissioner shall investigate the
conditions in each application under the provisions of sections 17a-145
and 17a-149 and, if the commissioner finds such conditions suitable for
the proper care of children, or for the placing out of children, under
such standards for the promotion of the health, safety, morality and
well-being of such children as the commissioner prescribes, shall issue
such license as is required as promptly as possible, without expense to
the licensee. If, after such investigation, the commissioner finds that
the applicant, notwithstanding good faith efforts, is not able to fully
comply with all the requirements the commissioner prescribes, but
compliance can be achieved with minimal efforts, the commissioner
may issue a provisional license for a period not to exceed sixty days.
The provisional license may be renewed for additional sixty-day
periods, but in no event shall the total of such periods be for longer
than one year. Before issuing any license, the commissioner shall give
to the selectmen of the town wherein such licensee proposes to carry
on the licensed activity ten days' notice in writing that the issuance of
such license is proposed, but such notice shall not be required in case
of intention to issue such license to any corporation incorporated for
the purpose of caring for or placing such children. Each license so
issued shall specify whether it is granted for child-caring or child-
placing purposes, shall state the number of children who may be cared
for, shall be in force twenty-four months from date of issue, and shall
be renewed for the ensuing twenty-four months, if conditions continue
to be satisfactory to the commissioner. The commissioner shall [also] Substitute Senate Bill No. 929
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provide such periodical inspections and review as shall safeguard the
well-being, health and morality of all children cared for or placed
under a license issued by the commissioner under this section and
shall visit and consult with each such child and with the licensee as
often as the commissioner deems necessary but at intervals of not more
than ninety days. Each licensee under the provisions of this section
shall file annually with the commissioner a report containing such
information concerning its functions, services and operation, including
financial data, as the commissioner requires. Any license issued under
this section may be revoked, suspended or limited by the
commissioner for cause, after notice given to the person or entity
concerned and after opportunity for a hearing thereon. Any party
whose application is denied or whose license is revoked, suspended or
limited by the commissioner may appeal from such adverse decision in
accordance with the provisions of section 4-183. Appeals under this
section shall be privileged in respect to the order of trial assignment.
Sec. 6. Sections 17a-62 and 17a-103c of the general statutes are
repealed. (Effective July 1, 2019)