Bill Text: CT SB00492 | 2014 | General Assembly | Comm Sub

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Bill Title: An Act Concerning The Reporting Of Suspected Child Abuse By Persons Who Are Directors, Officers Or Employees Of Nonprofit Corporations.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2014-04-24 - Referred by Senate to Committee on Appropriations [SB00492 Detail]

Download: Connecticut-2014-SB00492-Comm_Sub.html

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General Assembly		Substitute Bill No. 492
February Session, 2014		*_____SB00492HS____042314____*

AN ACT CONCERNING THE REPORTING OF SUSPECTED CHILD ABUSE BY PERSONS WHO ARE DIRECTORS, OFFICERS OR EMPLOYEES OF NONPROFIT CORPORATIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (c) of section 17a-101 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(c) The Commissioner of Children and Families shall develop an educational training program and refresher training program for the accurate and prompt identification and reporting of child abuse and neglect. Such training program and refresher training program shall be made available to all persons mandated to report child abuse and neglect at various times and locations throughout the state as determined by the Commissioner of Children and Families. Such training program may be made available to the persons described in subsection (b) of section 17a-101a, as amended by this act. Such training program shall be provided to all new school employees, as defined in section 53a-65, within available appropriations.

Sec. 2. Section 17a-101a of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) Any mandated reporter, as defined in section 17a-101, as amended by this act, 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 (1) has been abused or neglected, as defined in section 46b-120, (2) has had nonaccidental physical injury, or injury which is at variance with the history given of such injury, inflicted upon such child, or (3) is placed at imminent risk of serious harm, shall report or cause a report to be made in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive, as amended by this act.

(b) Any director, officer or employee of a nonprofit corporation, as described in section 33-1002, that is incorporated or operates in this state, who has reasonable cause to suspect or believe that any child under the age of eighteen years (1) has been abused or neglected, as defined in section 46b-120, (2) has had nonaccidental physical injury, or injury which is at variance with the history given of such injury, inflicted upon such child, or (3) is placed at imminent risk of serious harm, by a person acting on behalf of the nonprofit corporation, shall report or cause a report to be made in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive, as amended by this act.

[(b)] (c) 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, as amended by this act, and section 17a-103 shall be guilty of a class A misdemeanor and shall be required to participate in an educational and training program. The program may be provided by one or more private organizations approved by the commissioner, provided the entire cost of the program shall be paid from fees charged to the participants, the amount of which shall be subject to the approval of the commissioner.

[(c)] (d) 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.

Sec. 3. Section 17a-101b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) An oral report shall be made by a mandated reporter or any person described in subsection (b) of section 17a-101a, as amended by this act, as soon as practicable but not later than twelve hours after [the] a mandated reporter or such person has reasonable cause to suspect or believe that a child has been abused or neglected or placed in imminent risk of serious harm, by telephone or in person to the Commissioner of Children and Families or a law enforcement agency. If a law enforcement agency receives an oral report, it shall immediately notify the Commissioner of Children and Families.

(b) If the commissioner or the commissioner's designee suspects or knows that a mandated reporter or such person has knowingly made a false report, the identity of the mandated reporter or such person shall be disclosed to the appropriate law enforcement agency and to the perpetrator of the alleged abuse.

(c) If the Commissioner of Children and Families, or the commissioner's designee, receives a report alleging sexual abuse or serious physical abuse, including, but not limited to, a report that: (1) A child has died; (2) a child has been sexually assaulted; (3) a child has suffered brain damage or loss or serious impairment of a bodily function or organ; (4) a child has been sexually exploited; or (5) a child has suffered serious nonaccidental physical injury, the commissioner shall, within twelve hours of receipt of such report, notify the appropriate law enforcement agency.

(d) Whenever a mandated reporter, as defined in section 17a-101, as amended by this act, or a person described in subsection (b) of section 17a-101a, as amended by this act, has reasonable cause to suspect or believe that any child has been abused or neglected by a member of the staff of a public or private institution or facility that provides care for such child or a public or private school, the mandated reporter or such person shall report as required in subsection (a) of this section. The Commissioner of Children and Families or the commissioner's designee shall notify the principal, headmaster, executive director or other person in charge of such institution, facility or school, or the person's designee, unless such person is the alleged perpetrator of the abuse or neglect of such child. In the case of a public school, the commissioner shall also notify the person's employing superintendent. [Such] The person in charge, or such person's designee, shall then immediately notify the child's parent or other person responsible for the child's care that a report has been made.

Sec. 4. Section 17a-101c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

Not later than forty-eight hours after making an oral report, a mandated reporter or a person described in subsection (b) of section 17a-101a, as amended by this act, shall submit a written report to the Commissioner of Children and Families or the commissioner's designee. When a mandated reporter or a person described in subsection (b) of section 17a-101a, as amended by this act, is a member of the staff of a public or private institution or facility that provides care for such child or public or private school the mandated reporter or such person shall also submit a copy of the written report to the person in charge of such institution, school or facility or the person's designee. In the case of a report concerning a school employee holding a certificate, authorization or permit issued by the State Board of Education under the provisions of sections 10-144o to 10-146b, inclusive, and 10-149, a copy of the written report shall also be sent by the Commissioner of Children and Families or the commissioner's designee to the Commissioner of Education or the commissioner's designee. In the case of an employee of a facility or institution that provides care for a child which is licensed by the state, a copy of the written report shall also be sent by the Commissioner of Children and Families to the executive head of the state licensing agency.

Sec. 5. Section 17a-101o of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) If the Commissioner of Children and Families suspects or knows that a mandated reporter, as defined in section 17a-101, as amended by this act, employed by a local or regional board of education, or a person described in subsection (b) of section 17a-101a, as amended by this act, 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-101a to 17a-101d, inclusive, as amended by this act, and section 17a-103, the commissioner shall make a record of such delay and develop and maintain a database of such records. The commissioner shall investigate such delayed reporting. Such investigation shall be conducted in accordance with the policy developed in subsection (b) of this section, and include the actions taken by the (1) employing local or regional board of education or superintendent of schools for the district in response to such employee's failure to report, or (2) nonprofit corporation in response to a failure to report by a person described in subsection (b) of section 17a-101a, as amended by this act.

(b) The Department of Children and Families shall develop a policy for the investigation of delayed reports by mandated reporters or persons described in subsection (b) of section 17a-101a, as amended by this act. Such policy shall include, but not be limited to, when referrals to the appropriate law enforcement agency for delayed reporting are required and when the department shall require mandated reporters and such persons who have been found to have delayed making a report to participate in the educational and training program pursuant to subsection [(b)] (c) of section 17a-101a, as amended by this act.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2014	17a-101(c)
Sec. 2	October 1, 2014	17a-101a
Sec. 3	October 1, 2014	17a-101b
Sec. 4	October 1, 2014	17a-101c
Sec. 5	October 1, 2014	17a-101o

JUD	Joint Favorable Subst. -LCO
HS	Joint Favorable