SB 891 — AN ACT CONCERNING THE FAILURE TO REPORT SUSPECTED CHILD ABUSE OR NEGLECT.

General Assembly SubstituteRaised Bill No.

891 January Session, 2019 ANLCO ACTNo. CONCERNING THE FAILURE TO REPORT SUSPECTED CHILD ABUSE OR NEGLECT.

4002 Referred to Committee on COMMITTEE ON CHILDREN Introduced by:

(KID) AN ACT CONCERNING THE FAILURE TO REPORT SUSPECTED CHILD ABUSE OR NEGLECT.

(a) (1) Any mandated reporter, as described in section 17a-101, who in the ordinary course of such person's employment or profession has reasonable cause to suspect or believe that any child under the age of eighteen years (A) has been abused or neglected, as described in section 46b-120, (B) has had nonaccidental physical injury, or injury which is at variance with the history given of such injury, inflicted upon such child, or (C) is placed at imminent risk of serious harm, or (2) any school employee, as defined in section 53a-65, who in the ordinary course of such person's employment or profession has reasonable cause to suspect or believe that any person who is being educated by the Technical Education and Career System or a local or regional board of education, other than as part of an adult education program, is a victim under the provisions of section 53a-70, 53a-70a, 53a-71,LCO 53a-72a,No. 53a-72b or 53a-73a, and the perpetrator is a school employee shall report or cause a report to be made in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive.

LCO4002 \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00891-R011 of 8 SB.docxRaised Substitute Bill No.No.891 53a-71, 53a-72a, 53a-72b or 53a-73a, and the perpetrator is a school employee shall report or cause a report to be made in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive.

891 [(b) (1) Any person required to report under the provisions of this section who fails to make such report or fails to make such report within the time period prescribed in sections 17a-101b to 17a-101d, inclusive, and section 17a-103 shall be guilty of a class A misdemeanor, except that such person shall be guilty of a class E felony if (A) such violation is a subsequent violation, (B) such violation was wilful or intentional or due to gross negligence, or (C) such person had actual knowledge that (i) a child was abused or neglected, as described in section 46b-120, or (ii) a person was a victim described in subdivision (2) of subsection (a) of this section.

(c) The Commissioner of Children and Families, or the commissioner's designee, shall promptly notify the Chief State's Attorney when there is reason to believe that any such person has failed to make a report in accordance with this section.] [(d)] (b) For purposes of this section and section 17a-101b, a mandated reporter's suspicion or belief may be based on factors including,LCO butNo. not limited to, observations, allegations, facts or statements by a child, victim, as described in subdivision (2) of subsection (a) of this section, or third party.

Such4002 suspicion2 of 8 Raised Bill No.891 including, but not limited to, observations, allegations, facts or beliefstatements LCOby {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00892a child, victim, as described in subdivision (2) of 8subsection R01-SB.docx(a) }of Substitutethis Billsection, No.or third party.

891Such suspicion or belief does not require certainty or probable cause.

Such investigation shall be conductedLCO inNo. accordance with the policy developed in subsection (b) of this section.

[,4002 and3 includeof the8 actionsRaised takenBill byNo.891 theconducted employingin localaccordance orwith regionalthe boardpolicy ofdeveloped educationin orsubsection superintendent(b) of schoolsthis forsection. the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00893 of 8 R01-SB.docx } Substitute Bill No.

891[, and include the actions taken by the employing local or regional board of education or superintendent of schools for the district in response to such employee's failure to report.] (b) The Department of Children and Families shall develop a policy for the investigation of delayed reports by mandated reporters and the failure of mandated reporters to make reports within the time period prescribed in sections 17a-101b to 17a-101d, inclusive, and section 17a- 103.

(c) If the Commissioner of Children and Families suspects or knows that a mandated reporter, as describeddefined in section 17a-101, employed by a local or regional board of education, has failed to make a report that a child has been abused or neglected or placed in immediate risk of serious harm within the time period prescribed in sections 17a-101b to 17a-101d, inclusive, and section 17a-103, the commissioner shall investigate such delayed reporting and report the findings of such investigation, including any documentation of concerns related to such findings, if applicable, to such local or regional board of education, the superintendent of schools for the school district in which the mandated reporter is employed and the Department of Education.

(d) (1) Any person required to report under the provisions of section 17a-101a, as amended by this act, who fails to make such report or fails to make such report within the time period prescribed in sections 17a- 101b to 17a-101d, inclusive, and section 17a-103 shall be guilty of a class A misdemeanor, except that such person shall be guilty of a class LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00894 of 8 R01-SB.docx } Substitute Bill No.

8914002 4 of 8 Raised Bill No.891 to make such report within the time period prescribed in sections 17a- 101b to 17a-101d, inclusive, and section 17a-103 shall be guilty of a class A misdemeanor, except that such person shall be guilty of a class E felony if (A) such violation is a subsequent violation, (B) such violation was wilful or intentional or due to gross negligence, or (C) such person had actual knowledge that (i) a child was abused or neglected, as described in section 46b-120, or (ii) a person was a victim as described in subdivision (2) of subsection (a) of section 17a-101a, as amended by this act.

(2) Any person who intentionally andor unreasonably interferes with or prevents the making of a report pursuant to section 17a-101a, as amended by this act, or attempts or conspires to do so, shall be guilty of a class D felony.

(3) When the Commissioner of Education is notified, pursuant to section 10-149a, as amended by this act, or 17a-101i, as amended by this act, that a person holding a certificate, permit or authorization issued by the State Board of Education under the provisions of sections 10-144o to 10-149, inclusive, has been convicted of (A) a capital felony, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00895 of 8 R01-SB.docx } Substitute Bill No.

8914002 5 of 8 Raised Bill No.891 issued by the State Board of Education under the provisions of sections 10-144o to 10-149, inclusive, has been convicted of (A) a capital felony, under the provisions of section 53a-54b in effect prior to April 25, 2012, (B) arson murder, pursuant to section 53a-54d, (C) a class A felony, (D) a class B felony, except a violation of section 53a-122, 53a-252 or 53a- 291, (E) a crime involving an act of child abuse or neglect as described in section 46b-120, or (F) a violation of section [17a-101a] 17a-101o, as amended by this act, 53-21, 53-37a, 53a-60b, 53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or subsection (a) of section 21a-277, any certificate, permit or authorization issued by the State Board of Education and held by such person shall be deemed revoked and the commissioner shall notify such person of such revocation, provided such person may request reconsideration pursuant to regulations adopted by the State Board of Education, in accordance with the provisions of chapter 54.

or (F) a violation of section [17a-101a] 17a-101o, as amended by this act, 53-21, 53-37a, 53a-60b, 53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a- 103a, 53a-181c, 53a-191, 53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00896 of 8 R01-SB.docx } Substitute Bill No.

8914002 or6 a violation of subsection8 (a)Raised ofBill sectionNo. 21a-277, and (2) the applicant completed serving the sentence for such conviction within the five years immediately preceding the date of the application.

891 103a, 53a-181c, 53a-191, 53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or a violation of subsection (a) of section 21a-277, and (2) the applicant completed serving the sentence for such conviction within the five years immediately preceding the date of the application.

2 July 1, 2019 17a-101i(d) July 1, 2019 Sec.

3 July 1, 2019 17a-101o Sec.

7 July 1, 2019 10-222c(m) LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00891- 7 of 8 R01-SB.docx } Substitute Bill No.

8914002 KID7 Jointof Favorable8 Subst.Raised Bill No.

LCO891 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00891-Statement 8 of 8Purpose: R01-SB.docx }

To reorganize statutes related to the failure to report suspected child abuse and neglect.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.

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