LCO 1 of 12
General Assembly Substitute Bill No. 381
February Session, 2024
AN ACT CONCERNING REVISIONS TO THE MANDATED REPORTER
REQUIREMENTS.
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 Section 17a-101a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2024): 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 section 6
46b-120, (B) has had nonaccidental physical injury, or injury which is at 7
variance with the history given of such injury, inflicted upon such child, 8
or (C) is placed at imminent risk of serious harm, or (2) any school 9
employee, as defined in section 53a-65, who in the ordinary course of 10
such person's employment or profession has reasonable cause to suspect 11
or believe that any person who is being educated by the Technical 12
Education and Career System, [or] a local or regional board of 13
education, other than as part of an adult education program, or a 14
nonpublic school, is a victim under the provisions of section 53a-70, 53a-15
70a, 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 Substitute Bill No. 381
LCO 2 of 12
[(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 within 20
the time period prescribed in sections 17a-101b to 17a-101d, inclusive, 21
and section 17a-103 shall be guilty of a class A misdemeanor, except that 22
such person shall be guilty of a class E felony if (A) such violation is a 23
subsequent violation, (B) such violation was wilful or intentional or due 24
to gross negligence, or (C) such person had actual knowledge that (i) a 25
child was abused or neglected, as described in section 46b-120, or (ii) a 26
person was a victim described in subdivision (2) of subsection (a) of this 27
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 eighteen 32
years or any person who is being educated by the Technical Education 33
and Career System or a local or regional board of education, other than 34
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 program. 37
The program may be provided by one or more private organizations 38
approved by the commissioner, provided the entire cost of the program 39
shall be paid from fees charged to the participants, the amount of which 40
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 failed 44
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
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 does 50 Substitute Bill No. 381
LCO 3 of 12
not require certainty or probable cause. Nothing in this section shall 51
preclude a mandated reporter from conducting a preliminary inquiry to 52
determine if reasonable cause exists for such mandated reporter to make 53
a report pursuant to subsection (a) of this section. 54
Sec. 2. Section 17a-101e of the general statutes is repealed and the 55
following is substituted in lieu thereof (Effective July 1, 2024): 56
(a) No employer shall (1) discharge, or in any manner discriminate or 57
retaliate against, any employee who in good faith makes a report 58
pursuant to sections 17a-101a to 17a-101d, inclusive, as amended by this 59
act, and 17a-103, testifies or is about to testify in any proceeding 60
involving child abuse or neglect, or (2) hinder or prevent, or attempt to 61
hinder or prevent, any employee from making a report pursuant to 62
sections 17a-101a to 17a-101d, inclusive, as amended by this act, and 63
17a-103, or testifying in any proceeding involving child abuse or neglect. 64
The Attorney General may bring an action in Superior Court against an 65
employer who violates this subsection. The court may assess a civil 66
penalty of not more than two thousand five hundred dollars and may 67
order such other equitable relief as the court deems appropriate. 68
(b) Any person, institution or agency [which, in good faith,] that (1) 69
makes or does not make, in good faith, a report pursuant to sections 17a-70
101a to 17a-101d, inclusive, as amended by this act, and 17a-103, or (2) 71
provides, in good faith, professional medical intervention or assistance 72
in any proceeding involving child abuse and neglect, including, but not 73
limited to, (A) causing a photograph, x-ray or a physical custody 74
examination to be made, (B) causing a child to be taken into emergency 75
protective custody, (C) disclosing a medical record or other information 76
pertinent to the proceeding, or (D) performing a medically relevant test, 77
shall be immune from any liability, civil or criminal, which might 78
otherwise arise from or be related to the actions taken pursuant to this 79
subsection and shall have the same immunity with respect to any 80
judicial proceeding which results from such report or actions, provided 81
such person did not perpetrate or cause such abuse or neglect. The 82
immunity from civil or criminal liability extends only to actions done 83 Substitute Bill No. 381
LCO 4 of 12
pursuant to this subsection and does not extend to the malpractice of a 84
medical professional that results in personal injury or death. 85
(c) Any person who is alleged to have knowingly made a false report 86
of child abuse or neglect pursuant to sections 17a-101a to 17a-101d, 87
inclusive, as amended by this act, and 17a-103 shall be referred to the 88
office of the Chief State's Attorney for purposes of a criminal 89
investigation. 90
(d) Any person who knowingly makes a false report of child abuse or 91
neglect pursuant to sections 17a-101a to 17a-101d, inclusive, as amended 92
by this act, and 17a-103 shall be fined not more than two thousand 93
dollars or imprisoned not more than one year or both. 94
Sec. 3. Subsection (d) of section 17a-101i of the general statutes is 95
repealed and the following is substituted in lieu thereof (Effective July 1, 96
2024): 97
(d) If a school employee, as defined in section 53a-65, or any person 98
holding a certificate, permit or authorization issued by the State Board 99
of Education under the provisions of sections 10-144o to 10-149, 100
inclusive, is convicted of a crime involving an act of child abuse or 101
neglect as described in section 46b-120 or a violation of subdivision (2) 102
of subsection [(b) of section 17a-101a] (d) of section 17a-101o, as 103
amended by this act, or section 53-21, 53a-71 or 53a-73a against any 104
person, or a violation of section 53a-70, 53a-70a, 53a-72a or 53a-72b 105
against a victim, as described in subdivision (2) of subsection (a) of 106
section 17a-101a, as amended by this act, the state's attorney for the 107
judicial district in which the conviction occurred shall in writing notify 108
the superintendent of the school district or the supervisory agent of the 109
nonpublic school in which the person is employed and the 110
Commissioner of Education of such conviction. 111
Sec. 4. Section 17a-101o of the general statutes is repealed and the 112
following is substituted in lieu thereof (Effective July 1, 2024): 113
(a) If the Commissioner of Children and Families suspects or knows 114 Substitute Bill No. 381
LCO 5 of 12
that a mandated reporter, as defined in section 17a-101, [employed by a 115
local or regional board of education,] has failed to make a report that a 116
child has been abused or neglected or placed in immediate risk of 117
serious harm within the time period prescribed in sections 17a-101a to 118
[17a-101d] 17a-101c, inclusive, as amended by this act, [and section 17a-119
103,] the commissioner shall make a record of such [delay] failure to 120
report and develop and maintain a database of such records. The 121
commissioner shall [investigate such delayed reporting. Such 122
investigation] conduct an assessment with respect to such failure to 123
report. Such assessment shall be conducted in accordance with the 124
policy developed in subsection (b) of this section, and include the 125
actions taken by the employing local or regional board of education or 126
superintendent of schools for the district in response to such employee's 127
failure to report. 128
(b) The Department of Children and Families shall develop a policy 129
for the [investigation of delayed reports by mandated reporters] 130
assessment of the failure of mandated reporters to make reports within 131
the time period prescribed in sections 17a-101a to 17a-101c, inclusive, as 132
amended by this act. Such policy shall include, but not be limited to, 133
when referrals to the appropriate law enforcement agency for [delayed 134
reporting] the failure to report are required and when the department 135
shall require mandated reporters who have been found to have [delayed 136
making a report] failed to make reports to participate in the educational 137
and training program pursuant to subsection [(b) of section 17a-101a] 138
(d) of this section. 139
(c) The Commissioner of Children and Families, or the 140
commissioner's designee, shall promptly notify the Chief State's 141
Attorney when there is reason to believe that a mandated reporter has 142
failed to make a report in accordance with sections 17a-101a to 17a-101c, 143
inclusive, as amended by this act. 144
(d) (1) Any person required to report under the provisions of section 145
17a-101a, as amended by this act, who fails to make such report or fails 146
to make such report within the time period prescribed in sections 17a-147 Substitute Bill No. 381
LCO 6 of 12
101a to 17a-101c, inclusive, as amended by this act, shall be guilty of a 148
class A misdemeanor, except that such person shall be guilty of a class 149
E felony if (A) such violation is a subsequent violation, (B) such violation 150
was wilful or intentional or due to gross negligence, or (C) such person 151
had actual knowledge that (i) a child was abused or neglected, as 152
described in section 46b-120, or (ii) a person was a victim described in 153
subdivision (2) of subsection (a) of section 17a-101a, as amended by this 154
act. 155
(2) Any person who intentionally and unreasonably interferes with 156
or prevents the making of a report pursuant to section 17a-101a, as 157
amended by this act, or attempts or conspires to do so, shall be guilty of 158
a class D felony. The provisions of this subdivision shall not apply to 159
any child under the age of eighteen years or any person who is being 160
educated by the Technical Education and Career System, a local or 161
regional board of education, other than as part of an adult education 162
program, or a nonpublic school. 163
(3) Any person found guilty under the provisions of this subsection 164
shall be required to participate in an educational and training program. 165
The program may be provided by one or more private organizations 166
approved by the commissioner and the entire cost of the program shall 167
be paid from fees charged to the participants, the amount of which shall 168
be subject to the approval of the commissioner. 169
[(c)] (e) For purposes of this section, "child" includes any victim 170
described in subdivision (2) of subsection (a) of section 17a-101a, as 171
amended by this act. 172
Sec. 5. Subdivision (3) of subsection (i) of section 10-145b of the 173
general statutes is repealed and the following is substituted in lieu 174
thereof (Effective July 1, 2024): 175
(3) When the Commissioner of Education is notified, pursuant to 176
section 10-149a, as amended by this act, or 17a-101i, as amended by this 177
act, that a person holding a certificate, permit or authorization issued by 178
the State Board of Education under the provisions of sections 10-144o to 179 Substitute Bill No. 381
LCO 7 of 12
10-149, inclusive, has been convicted of (A) a capital felony, under the 180
provisions of section 53a-54b in effect prior to April 25, 2012, (B) arson 181
murder, pursuant to section 53a-54d, (C) a class A felony, (D) a class B 182
felony, except a violation of section 53a-122, 53a-252 or 53a-291, (E) a 183
crime involving an act of child abuse or neglect as described in section 184
46b-120, or (F) a violation of section [17a-101a] 17a-101o, as amended by 185
this act, 53-21, 53-37a, 53a-60b, 53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-186
73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 53a-196, 53a-187
196c, 53a-216, 53a-217b or 21a-278 or subsection (a) of section 21a-277, 188
any certificate, permit or authorization issued by the State Board of 189
Education and held by such person shall be deemed revoked and the 190
commissioner shall notify such person of such revocation, provided 191
such person may request reconsideration pursuant to regulations 192
adopted by the State Board of Education, in accordance with the 193
provisions of chapter 54. As part of such reconsideration process, the 194
board shall make the initial determination as to whether to uphold or 195
overturn the revocation. The commissioner shall make the final 196
determination as to whether to uphold or overturn the revocation. 197
Sec. 6. Section 10-145i of the general statutes is repealed and the 198
following is substituted in lieu thereof (Effective July 1, 2024): 199
Notwithstanding the provisions of sections 10-144o to 10-146b, 200
inclusive, and 10-149, the State Board of Education shall not issue or 201
reissue any certificate, authorization or permit pursuant to said sections 202
if (1) the applicant for such certificate, authorization or permit has been 203
convicted of any of the following: (A) A capital felony, as defined under 204
the provisions of section 53a-54b in effect prior to April 25, 2012; (B) 205
arson murder, as defined in section 53a-54d; (C) any class A felony; (D) 206
any class B felony except a violation of section 53a-122, 53a-252 or 53a-207
291; (E) a crime involving an act of child abuse or neglect as described 208
in section 46b-120; or (F) a violation of section [17a-101a] 17a-101o, as 209
amended by this act, 53-21, 53-37a, 53a-60b, 53a-60c, 53a-71, 53a-72a, 210
53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 211
53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or a violation of 212
subsection (a) of section 21a-277, and (2) the applicant completed 213 Substitute Bill No. 381
LCO 8 of 12
serving the sentence for such conviction within the five years 214
immediately preceding the date of the application. 215
Sec. 7. Section 10-149a of the general statutes is repealed and the 216
following is substituted in lieu thereof (Effective July 1, 2024): 217
If a person holding a certificate, authorization or permit issued by the 218
State Board of Education under the provisions of sections 10-144o to 10-219
149, inclusive, is convicted of a felony or fined pursuant to section [17a-220
101a] 17a-101o, as amended by this act, the state's attorney or assistant 221
state's attorney for the judicial district in which the conviction or fine 222
occurred shall notify, in writing, the Commissioner of Education of such 223
conviction or fine. 224
Sec. 8. Subsection (a) of section 10-222c of the general statutes is 225
repealed and the following is substituted in lieu thereof (Effective July 1, 226
2024): 227
(a) No local or regional board of education, governing council of a 228
state or local charter school, interdistrict magnet school operator or 229
supervisory agent of a nonpublic school shall offer employment to an 230
applicant for a position, including any position which is contracted for, 231
if such applicant would have direct student contact, prior to such board, 232
council, operator or supervisory agent: 233
(1) Requiring of such applicant: 234
(A) To list the name, address and telephone number of each current 235
or former employer of the applicant, if such current or former employer 236
was a local or regional board of education, council, operator or 237
supervisory agent or if such employment otherwise caused the 238
applicant to have contact with children; 239
(B) A written authorization that (i) consents to and authorizes 240
disclosure by the employers listed under subparagraph (A) of this 241
subdivision of the information requested under subdivision (2) of this 242
subsection and the release of related records by such employers, (ii) 243 Substitute Bill No. 381
LCO 9 of 12
consents to and authorizes disclosure by the Department of Education 244
of the information requested under subdivision (3) of this subsection 245
and the release of related records by the department, and (iii) releases 246
those employers and the department from liability that may arise from 247
such disclosure or release of records pursuant to subdivision (2) or (3) 248
of this subsection; and 249
(C) A written statement of whether the applicant (i) has been the 250
subject of an abuse or neglect or sexual misconduct investigation by any 251
employer, state agency or municipal police department, unless the 252
investigation resulted in a finding that all allegations were 253
unsubstantiated, (ii) has ever been disciplined or asked to resign from 254
employment or resigned from or otherwise separated from any 255
employment while an allegation of abuse or neglect was pending or 256
under investigation by the Department of Children and Families, or an 257
allegation of sexual misconduct was pending or under investigation or 258
due to an allegation substantiated pursuant to section 17a-101g of abuse 259
or neglect, or of sexual misconduct or a conviction for abuse or neglect 260
or sexual misconduct, or (iii) has ever had a professional or occupational 261
license or certificate suspended or revoked or has ever surrendered such 262
a license or certificate while an allegation of abuse or neglect was 263
pending or under investigation by the department or an investigation 264
of sexual misconduct was pending or under investigation, or due to an 265
allegation substantiated by the department of abuse or neglect or of 266
sexual misconduct or a conviction for abuse or neglect or sexual 267
misconduct; 268
(2) Conducting a review of the employment history of the applicant 269
by contacting those employers listed by the applicant under subdivision 270
(1) of this subsection. Such review shall be conducted using a form 271
developed by the Department of Education in accordance with section 272
3 of public act 16-67 that shall request (A) the dates of employment of 273
the applicant, and (B) a statement as to whether the employer has 274
knowledge that the applicant (i) was the subject of an allegation of abuse 275
or neglect or sexual misconduct for which there is an investigation 276
pending with any employer, state agency or municipal police 277 Substitute Bill No. 381
LCO 10 of 12
department or which has been substantiated, unless such substantiation 278
has been reversed as a result of an appeal conducted pursuant to section 279
17a-101k; (ii) was disciplined or asked to resign from employment or 280
resigned from or otherwise separated from any employment while an 281
allegation of abuse or neglect or sexual misconduct was pending or 282
under investigation, or due to a substantiation of abuse or neglect or 283
sexual misconduct, unless such substantiation has been reversed as a 284
result of an appeal conducted pursuant to section 17a-101k; or (iii) has 285
ever had a professional or occupational license, certificate, authorization 286
or permit suspended or revoked or has ever surrendered such a license, 287
certificate, authorization or permit while an allegation of abuse or 288
neglect or sexual misconduct was pending or under investigation, or 289
due to a substantiation of abuse or neglect or sexual misconduct, unless 290
such substantiation has been reversed as a result of an appeal conducted 291
pursuant to section 17a-101k. Such review may be conducted 292
telephonically or through written communication. Notwithstanding the 293
provisions of subsection (g) of section 31-51i, not later than five business 294
days after any such current or former employer of the applicant receives 295
a request for such information, such employer shall respond with such 296
information. A local or regional board of education, council, operator or 297
supervisory agent may request more information concerning any 298
response made by a current or former employer, and, notwithstanding 299
the provisions of said subsection (g), such employer shall respond not 300
later than five business days after receiving such request; and 301
(3) Requesting information from the Department of Education 302
concerning (A) the eligibility status for employment of any applicant for 303
a position requiring a certificate, authorization or permit issued 304
pursuant to chapter 166, (B) whether the department has knowledge 305
that a finding has been substantiated by the Department of Children and 306
Families pursuant to section 17a-101g of abuse or neglect or of sexual 307
misconduct against the applicant and any information concerning such 308
a finding, and (C) whether the department has received notification that 309
the applicant has been convicted of a crime or of criminal charges 310
pending against the applicant and any information concerning such 311 Substitute Bill No. 381
LCO 11 of 12
charges. 312
Sec. 9. Subsection (m) of section 10-222c of the general statutes is 313
repealed and the following is substituted in lieu thereof (Effective July 1, 314
2024): 315
(m) No local or regional board of education, council, operator or 316
supervisory agent shall offer employment to any applicant who had any 317
previous employment contract terminated by a board, council, operator 318
or supervisory agent or who resigned from such employment, if such 319
person has been convicted of a violation of section [17a-101a] 17a-101o, 320
as amended by this act, when an allegation of abuse or neglect or sexual 321
assault has been substantiated. 322
Sec. 10. Section 10-221s of the general statutes is repealed and the 323
following is substituted in lieu thereof (Effective July 1, 2024): 324
(a) Each local and regional board of education shall post the 325
telephone number for the Careline operated by the Department of 326
Children and Families, pursuant to section 17a-103a, and the Internet 327
web site address that provides information about the Careline in a 328
conspicuous location frequented by students in each school under the 329
jurisdiction of the board. Such posting shall be in various languages that 330
are the most appropriate for the students enrolled in the school. 331
(b) A local or regional board of education shall permit and give 332
priority to any investigation conducted by the Commissioner of 333
Children and Families or the appropriate local law enforcement agency 334
that a child has been abused or neglected pursuant to sections 17a-101a 335
to 17a-101d, inclusive, as amended by this act, and section 17a-103. Such 336
board of education shall conduct its own investigation and take any 337
disciplinary action, in accordance with the provisions of section 17a-338
101i, as amended by this act, upon notice from the commissioner or the 339
appropriate local law enforcement agency that such board's 340
investigation will not interfere with the investigation of the 341
commissioner or such local law enforcement agency. A preliminary 342
inquiry described in subsection (b) of section 17a-101a, as amended by 343 Substitute Bill No. 381
LCO 12 of 12
this act, shall not be considered an investigation conducted by a board 344
of education under this section. 345
Sec. 11. (Effective from passage) Not later than October 1, 2024, the 346
Commissioner of Children and Families shall update the educational 347
training program and refresher training program for the accurate and 348
prompt identification and reporting of child abuse and neglect, 349
developed pursuant to subsection (c) of section 17a-101 of the general 350
statutes, to include training for school employees, as defined in section 351
53a-65 of the general statutes, on (1) the proper manner in which to 352
conduct a preliminary inquiry described in subsection (b) of section 17a-353
101a of the general statutes, as amended by this act, and (2) the 354
provisions of section 10-221s of the general statutes, as amended by this 355
act. 356
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2024 17a-101a
Sec. 2 July 1, 2024 17a-101e
Sec. 3 July 1, 2024 17a-101i(d)
Sec. 4 July 1, 2024 17a-101o
Sec. 5 July 1, 2024 10-145b(i)(3)
Sec. 6 July 1, 2024 10-145i
Sec. 7 July 1, 2024 10-149a
Sec. 8 July 1, 2024 10-222c(a)
Sec. 9 July 1, 2024 10-222c(m)
Sec. 10 July 1, 2024 10-221s
Sec. 11 from passage New section
ED Joint Favorable Subst. C/R APP
APP Joint Favorable Subst.