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OLR Bill Analysis
sHB 5262 (as amended by House "A")*
AN ACT CONCERNING A SEXUAL ABUSE AND ASSAULT
SURVEY.
SUMMARY
This bill makes various changes in laws that relate to the protection
of children from sexual abuse.
Starting July 1, 2026, the bill requires the Department of Public Health
(DPH) to include a sexual abuse and assault awareness prevention
survey for high school administrators in the Connecticut School Health
Survey (see below).
The bill also replaces the term “child pornography” with “child
sexual abuse material” in statutes that define the term and criminalize
the possession, importation, and transmission of this material. In
changing the terminology, the bill retains the elements of, and penalties
for, the crimes. It also makes corresponding changes in related statutes.
It also (1) establishes a 22-member task force to study the
responsiveness of certain state agencies and the judicial branch to child
sexual abuse issues and (2) requires the task force to report its
recommendations to the Children’s and Judiciary committees by July 1,
2025.
Lastly, it requires the Office of the Child Advocate (OCA) to (1)
review state agency practices and procedures for ensuring the care and
protection of minors in probate court guardianship proceedings and (2)
report the findings to the Children’s and Judiciary committees by
January 1, 2025.
EFFECTIVE DATE: Upon passage, except (1) July 1, 2024, for the
provision on the sexual abuse and assault survey and (2) October 1,
2024, for the child sexual abuse material-related provisions. 2024HB-05262-R02-BA.DOCX
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*House Amendment “A” adds provisions to the underlying bill that
(1) replace the statutory term “child pornography” with “child sexual
abuse material” in certain statutes, (2) establish a task force to study the
responsiveness of state agencies and the judicial branch to child sexual
abuse issues, and (3) require OCA to review state agency practices and
procedures regarding the care and protection of children in probate
court guardianship.
SEXUAL ABUSE AND ASS AULT AWARENESS PREVE NTION
SURVEY
Beginning July 1, 2026, this bill requires DPH to include a sexual
abuse and assault awareness prevention survey for high school
administrators each time it administers the Connecticut School Health
Survey (see below). The bill requires each survey to be distributed to
and completed by the school’s administrators. The administrator’s
survey results must be submitted to DPH at the same time as the student
survey results.
By law, DPH must biennially administer the Connecticut School
Health Survey to students in grades nine through 12, if the department
receives funding from the federal Centers for Disease Control and
Prevention (CDC) for it. This survey was created as part of the statewide
sexual abuse and assault awareness and prevention program and must
be (1) based on the CDC’s Youth Risk Behavior Survey and (2)
administered in high schools the CDC randomly selects.
CHILD SEXUAL ABUSE M ATERIAL
This bill replaces the term “child pornography” with “child sexual
abuse material” in statutes that define the term and criminalize the
possession, importation, and transmission of this material. These
offenses include 1st, 2nd, and 3rd degree possession; importing; and
possession and transmission by a minor. In changing the terminology,
the bill retains the elements of, and penalties for, these crimes.
By law, “child pornography” (“child sexual abuse material” under
the bill) is any visual depiction (e.g., photograph, film, videotape,
picture, or computer-generated image or picture) of sexually explicit
conduct involving in its production a person under age 16 engaging in
sexually explicit conduct, whether made or produced electronically, 2024HB-05262-R02-BA.DOCX
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digitally, mechanically, or by other means.
TASK FORCE TO STUDY T HE RESPONSIVENESS OF STATE
AGENCIES AND THE JUD ICIAL BRANCH TO CHILD SEXUAL
ABUSE ISSUES
The bill establishes a 22-member task force to study certain state
agencies’ and the judicial branch’s responsiveness to child sexual abuse
issues.
Task Force Charge
The task force must examine state agency and judicial branch policies
and practices relating to and impacting children in order to identify
opportunities to detect, mitigate, prevent, and effectively respond to
child abuse.
Under the bill, for the purpose of the task force study, “state agency”
means the Children and Families, Education, Emergency Services and
Public Protection, Developmental Services, Mental Health and
Addiction Services, Public Health, and Social Services departments.
Membership and Appointments
The task force must consist of 22 members, appointed as follows:
1. a Judiciary Committee member appointed by the House speaker;
2. a psychologist with expertise in treating children who have
suffered from child sexual abuse appointed by the Senate
president pro tempore;
3. a clinical social worker with expertise in identifying child sexual
abuse appointed by the House majority leader;
4. a physician with expertise in pediatric medicine appointed by the
Senate majority leader;
5. a Connecticut licensed attorney with expertise in child welfare
appointed by the House minority leader;
6. a representative of a state-wide organization dedicated to the 2024HB-05262-R02-BA.DOCX
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prevention of sexual violence appointed by the Senate minority
leader;
7. a representative of a children’s advocacy center appointed by the
governor;
8. the Children and Families, Education, Emergency Services and
Public Protection, Developmental Services, Mental Health and
Addiction Services, Public Health, and Social Services
departments’ commissioners or their designees;
9. the chief court administrator, probate court administrator, chief
state’s attorney, chief public defender, and child advocate or their
designees;
10. the Commission on Women, Children, Seniors, Equity and
Opportunity executive director or his designee;
11. a member of the Trafficking in Persons Council, designated by
the council’s chairperson; and
12. a member of the Governor’s Task Force on Justice for Abused
Children, jointly designated by the task force’s chairpersons.
The six legislative leaders may appoint legislators and all initial
appointments must be made by 30 days after the bill passes. Any
vacancy must be filled by the appointing authority.
Staffing and Governance
The House speaker and the Senate president pro tempore must select
the chairpersons of the task force from among its members. The
chairpersons must schedule the first meeting to be held by 60 days after
the bill passes.
The Children’s Committee administrative staff must serve as the task
force administrative staff.
Task Force Report and Termination
By July 1, 2025, the task force must report its findings and 2024HB-05262-R02-BA.DOCX
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recommendations to the Children’s and Judiciary committees, including
(1) any legislative recommendations and (2) recommendations for
changes to the policies or procedures of any state agency or the judicial
branch that would aid in their detection, mitigation, and prevention of,
and effective response to, child sexual abuse.
The task force terminates on the date that it submits the report or July
1, 2025, whichever is later.
OCA REVIEW OF STATE A GENCY PRACTICES AND
PROCEDURES
Practices and Procedures Review
By January 1, 2025, the bill requires OCA to (1) review state agency
practices and procedures for ensuring the care and protection of minors
in Probate Court guardianship proceedings and (2) report to the
Children’s and Judiciary committees on the adequacy of the practices
and procedures.
Report to the Legislature
Under the bill, OCA’s report to the Children’s and Judiciary
committees must include an analysis of the following:
1. statutory requirements applicable to probate court guardianship
proceedings;
2. applicable court rules and policies and quality assurance
measures;
3. practices, procedures, and quality assurance framework
applicable to the Department of Children and Families’ work in
probate court matters;
4. training and contractual expectations for counsel assigned to
minors and guardians ad litem in probate court guardianship
matters; and
5. practices and procedures for providing guardianship subsidies
to eligible recipients by the Department of Social Services and the
quality assurance framework applicable to the administration of
the benefits. 2024HB-05262-R02-BA.DOCX
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COMMITTEE ACTION
Committee on Children
Joint Favorable Substitute
Yea 14 Nay 5 (03/05/2024)
Education Committee
Joint Favorable Substitute
Yea 40 Nay 0 (04/01/2024)