You asked (1) who mandated reporters of child and elder abuse are, and (2) what they are required to do.

SUMMARY

The law requires certain professionals who have some degree of contact with children to report suspected abuse, neglect, and at-risk situations to the Department of Children and Families (DCF). They must make an oral report within 24 hours of suspecting the problem, with a written follow-up 48 hours after that. People who fail to report can be fined up to $500. Reporters call a dedicated, toll-free hotline (1-800-842-2288) to make reports.

A similar group of professionals is required to report suspected abuse, neglect, abandonment, or exploitation of elderly people and face the same penalty for failure to report. Generally, making an oral report is the extent of the reporter's involvement. The number to call is 1-888-385-4225 or an intake number at the appropriate Department of Social Services (DSS) regional office. In the Hartford area that number is (860) 566-7329.

CHILD ABUSE REPORTERS

Who Must Report

State law lists the following individuals as mandated reporters of child abuse and neglect:

1. licensed physicians and surgeons and unlicensed medical residents;

2. registered and licensed practical nurses;

3. medical examiners;

4. dentists and dental hygienists;

5. psychologists, social workers, and licensed marital and family therapists;

6. school teachers, principals, guidance counselors, and paraprofessionals;

7. the Child Advocate;

8. police officers;

9. clergy;

10. pharmacists and physical therapists;

11. licensed osteopaths, chiropractors, podiatrists, and physician's assistants;

12. licensed substance abuse counselors;

13. sexual assault and battered women's counselors; and

14. child care providers working in licensed facilities.

Duties of Reporters

By law, these individuals must report to either DCF or the local law enforcement agency when, acting in their professional capacity, they have reasonable cause to suspect that a child under the age of 18

1. has suffered nonaccidental physical injury, an injury which is at odds with the given history, or is in a condition resulting from maltreatment, such as malnutrition, by the person responsible for his health, welfare, or care, or by someone to whom the responsible person gave access;

2. has been placed by the responsible person at imminent risk of serious harm by an act or failure to act; or

3. has been neglected.

These situations are defined in law (CGS § 46b-120) and a DCF publication (which is distributed at numerous community training sessions), a copy of which is attached. (The law provides that treatment of a child by a Christian Scientist practitioner alone does not constitute maltreatment (CGS § 17a-104).)

An oral report must be made within 24 hours of the alleged abuse and a written one 48 hours after that (see copy of reporting form DCF-136 attached), both to the hotline. A law enforcement agency must immediately notify DCF when it receives an oral report. Likewise, DCF must notify the appropriate law enforcement agency within 24 hours whenever it receives a report indicating that a child has (1) died, (2) been sexually assaulted, (3) suffered brain damage or loss or serious impairment of a bodily function or organ, (4) been sexually exploited, or (5) suffered nonaccidental physical injury.

If the abuse or neglect is alleged to have been committed by a staff member of an institution caring for the child or a school, the reporter must additionally notify the person in charge of the institution or school, who in turn must notify the child's parent or other responsible caretaker. If the report concerns a certified school employee, the person in charge must send a copy of the written report to the commissioner of education. Copies must also be sent to the state executive agency head when the report concerns an employee of a state-licensed facility or institution (CGS § 17a-101b (c) and 17a-101c).

The statutes specify what information the report must contain, including the names and addresses of the child and parents, as well as the child's age and gender (CGS § 17a-101d).

Calls, which are recorded, are answered by DCF social workers who ask for the child's name, address, and phone number. They also ask the reporter to explain his concerns and to offer any other information that might help the worker understand the situation.

The worker will request the reporter's name and phone number in the event she needs to ask additional questions.

Protections for Reporters

The law protects mandated reporters who report in good faith and punishes those who knowingly make false reports. It prohibits employers from discriminating, discharging, or retaliating against an employee who makes a good faith report or who testifies or is about to testify in any abuse or neglect proceeding. Civil penalties of up to $2,500 can be levied against violating employers.

The law grants civil and criminal immunity to reporters who in good faith make or do not make such reports. Likewise, individuals who knowingly make false reports can face fines up to $2,000, a one-year prison sentence, or both (CGS § 17a-101e). In addition to the $500 penalty for failure to report, mandated reporters can be sued for damages if further injury is caused because the reporter failed to act.

Mandated reporters must give their names when they make a report but may request anonymity to protect their family's privacy. Unless a reporter gives written consent to the contrary, his name can be disclosed only to (1) DCF employees; (2) law enforcement officers; (3) state's attorneys; (4) assistant attorneys general; (5) judges and necessary parties in court proceedings; and (6) state child care licensing agencies, executive directors of institutions, schools, facilities, or school superintendents.

DCF recommends that individuals reporting abuse not talk with parents before DCF investigates as doing so would put the child at greater risk and interfere with the agency's investigation and any criminal investigation. Reporters have no legal obligation to notify the parents.

Non-Mandatory Reporters

Anyone other than a mandated reported can also file a report, either verbally or in writing, with DCF or local law enforcement when he suspects abuse or neglect. The DCF commissioner must use her best efforts to obtain the name and address of the person making the report, but these reporters have the option of remaining anonymous.

As with the mandated reports, DCF has 24 hours to notify the appropriate law enforcement agency when a reporter alleges any of the five scenarios described above (CGS § 17a-103).

ELDER ABUSE AND NEGLECT REPORTING

Who The Mandated Reporters Are

This list of mandated reporters is very similar to that for child abuse and neglect. They include:

1. licensed physicians and surgeons and licensed or unlicensed residents and interns;

2. registered and licensed practical nurses;

3. nursing home administrators, nurse's aides, orderlies, and anyone else paid for providing care in a nursing home;

4. patient advocates;

5. medical examiners;

6. dentists;

7. osteopaths, optometrists, chiropractors, and podiatrists;

8. psychologists and social workers;

9. clergy;

10. police officers;

11. pharmacists; and

12. physical therapists.

Anyone else who suspects abuse, neglect, exploitatation or abandonment can also report to DSS.

What and When They Must Report

When any mandated reporter has reasonable cause to suspect or believes that someone age 60 or over (1) has been abused, neglected, exploited, or abandoned, or is in a condition caused by one of these or (2) is in need of protective services (services designed to protect elderly individuals from such harm), he must report this to DSS within five days. Anyone who is required to report and doesn't can be fined up to $500.

The report, which can be made orally or in writing, must contain the name and address of the elderly person, information regarding the nature and extent of the problem, and any other information which the reporter believes might be helpful in an investigation.

As with the child abuse cases, the law grants both civil and criminal immunity to reporters in proceedings that might arise from the report, except for liability for perjury, unless the reporter acted in bad faith or with malice. (CGS § 17b-451).

According to DSS Elderly Services Unit head Christine Lewis, the reporter is never told the outcome of an investigation. But if asked, DSS protective services staff will let the reporter know that they took action.

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