O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 24-118—sHB 5262
Committee on Children
Education Committee
AN ACT CONCERNING CH ILD SEXUAL ABUSE
SUMMARY: This act makes various changes in laws that relate to protecting
children from sexual abuse. Specifically, it:
1. requires the Department of Public Health (DPH), starting by July 1, 2026,
to include a sexual abuse and assault awareness prevention survey for high
school administrators in the Connecticut School Health Survey;
2. 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;
3. establishes a 22-member task force to study certain state agencies’ and the
judicial branch’s responsiveness to child sexual abuse issues and report its
recommendations to the legislature by July 1, 2025; and
4. requires the Office of the Child Advocate (OCA) to review state agency
practices and procedures for ensuring minors’ care and protection in probate
court guardianship proceedings and report its findings to the legislature by
January 1, 2025.
EFFECTIVE DATE: Upon passage, except that the provisions on (1) the sexual
abuse and assault survey are effective July 1, 2024, and (2) child sexual abuse
material are effective October 1, 2024.
SEXUAL ABUSE AND ASSAULT AWARENESS PREVE NTION SURVEY
Beginning July 1, 2026, the act 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. The act 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 9 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 MATERIAL
The act replaces the term “child pornography” with “child sexual abuse O L R P U B L I C A C T S U M M A R Y
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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 act retains the elements of, and penalties for, these
crimes.
Under the act, “child sexual abuse material” (“child pornography” under prior
law) 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, digitally, mechanically, or by other means.
TASK FORCE TO STUDY THE RESPONSIVENESS OF STATE AGENCIES
AND THE JUDICIAL BRANCH TO CHILD SEXUAL ABUSE ISSUES
The act 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 policies and practices relating to and impacting
children to identify opportunities to detect, mitigate, prevent, and effectively
respond to child abuse. Specifically, it must examine these policies and practices in
the judicial branch and 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 the following 22 members:
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 statewide organization dedicated to preventing 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 O L R P U B L I C A C T S U M M A R Y
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attorney, chief public defender, and child advocate or their designees;
10. the Commission on Women, Children, Seniors, Equity and Opportunity
executive director or her 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 July 5, 2024. Any vacancy must be filled by the appointing
authority.
Staffing and Governance
The House speaker and Senate president pro tempore must select the
chairpersons of the task force from among its members. The chairpersons must
schedule and hold the first meeting by August 4, 2024.
The Children’s Committee administrative staff must serve in that capacity for
the task force.
Task Force Report and Termination
By July 1, 2025, the task force must report its findings and recommendations to
the Children’s and Judiciary committees, including recommendations for
legislation and changes to state agency or judicial branch policies or procedures
that would help them detect, mitigate, prevent, and effectively respond to child
sexual abuse.
The task force terminates when it submits the report or July 1, 2025, whichever
is later.
OCA REVIEW OF STATE AGENCY PRACTICES AND PROCEDURES
By January 1, 2025, the act requires OCA to (1) review state agency practices
and procedures for ensuring minors’ care and protection in probate court
guardianship proceedings and (2) report to the Children’s and Judiciary committees
on the adequacy of these practices and procedures. Under the act, OCA’s report
must analyze the following:
1. statutory requirements for probate court guardianship proceedings;
2. applicable court rules, policies, and quality assurance measures;
3. practices, procedures, and the 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 subsidies’ administration.