PRIVILEGED COMMUNICATIONS AND MANDATED REPORTING REQUIREMENTS

OLR Research Report


May 8, 2002		2002-R-0506
PRIVILEGED COMMUNICATIONS AND MANDATED REPORTING REQUIREMENTS

By: Sandra Norman-Eady, Chief Attorney

You asked us to compare several provisions in HB 5680 (as amended by House "A"), An Act Concerning Sexual Assault of a Minor. We have answered each of your questions separately.

Compare the List of Mandated Reporters Under Current Law and the Bill.

Table 1: Mandated Reporters


*Current Law*	*Bill*
Members of the clergy	Same
Licensed physicians and surgeons and physician assistants	Same
Resident physicians and interns in any hospital located in the state	Same
Registered and licensed practical nurses	Same
Medical examiners	Same
Dentists and dental hygienists	Same
Psychologists, social workers, and other mental health professionals	Same
School teachers, principals, guidance counselors, paraprofessionals	Adds school coaches
Pharmacists	Same

Table 1 Continued
*Current Law*	*Bill*
Physical therapists	Same
Optometrists	Same
Chiropractors	Same
Podiatrists	Same
Licensed substance abuse counselors	Licensed or certified alcohol and drug counselors
Licensed marital and family therapists	Same
Sexual assault and battered women's counselors	Same
	Licensed professional counselors
Paid child caregivers in licensed public and private day care centers and family day care homes	Paid child caregivers in licensed public and private *child* day care centers, family day care homes, and group day care homes*
	Public health employees responsible for licensing child day care centers, family and group day care homes, and youth camps
The child advocate and his employees	Same
	Department of Children and Families employees
	Juvenile and adult probation and parole officers

* We have used italics to highlight changes in the law.

Compare Current law to the Bill Regarding What They Must Report.

Table 2 shows the circumstances under which mandated reporters must make reports to the Department of Children and Families (DCF) or appropriate law enforcement agencies.

Table 2: Mandated Reporters Reporting Requirements


	*Current Law*	*Bill*
*How they learn information*	Professional Capacity	Ordinary Course of employment or profession
*Standard for determining when to make a report*	Reasonable cause to believe a child has been abused or neglected or is at imminent risk of harm	Same

Table 2 Continued
	*Current Law*	*Bill*
*The duty to report attached when who caused the harm*	Person responsible for child's health, welfare, or care or person given access to the child by the responsible person	Anyone
*Injury*	Child under age 18 (1) has been abused or neglected, (2) has had a nonaccidental physical injury or injury at variance with the explanation for it, or (3) is placed at imminent risk of serious harm	Same

How Soon After Learning of Abuse or Neglect Must Mandated Reporters Make Their Report and To Whom

Table 3: Reporting Abuse

*Current Law*	*Bill*
Oral report to DCF or local police within 24 hours of forming reasonable belief of abuse or neglect	*As soon as practicable, but not later than 12 hours* after forming reasonable belief of abuse, neglect, or imminent risk of serious harm*
DCF must notify local police of oral reports of sexual abuse or serious physical abuse within 24 hours of receipt.	DCF must notify local police of oral reports of sexual abuse or serious physical abuse within 12 hours of receipt.
DCF must notify the heads of public or private institutions whenever a staff or faculty member is alleged to have abused or neglected a child in the institution's care.	Same, except the duty does not attach if the head of the institution is the alleged perpetrator.

* We have used italics to highlight changes in the law.

What Action Must DCF Take After Receiving the Report?

Table 4: DCF Action

Current Law

Bill

Immediately evaluate all reports and determine if there is sufficient information to warrant an investigation.

Immediately evaluate all reports for sufficient information to warrant an investigation where the alleged perpetrator is a person (1) responsible for the child's health, welfare, or care; (2) given access to the child by a responsible person; or (3) entrusted with the child's care. The latter means an educator, or a childcare provider, counselor, person who provides spiritual guidance, coach, trainer, trainer, instructor, tutor, or mentor. Notify local police, chief state's attorney, or state's attorney if reasonable cause is found.

In all other cases, refer the matter to the local police. *

* We have used italics to highlight changes in the law.

Compare Current Law to the Bill Regarding Privileged Communication. Does the Bill Require Priests to Disclose Information Learn in Confession?

Table 5: Privileged Communication

Current Law

Bill

Communications are confidential when made to a member of the clergy in his professional capacity, unless waived by the people making them.

Communications are confidential when made during counseling between a person and a member of the clergy or between a member of the person's family and a member of the clergy, unless waived by the people making them. Counseling is not defined; thus, it is unclear whether counseling includes confession.

Additionally, the privilege does not attach if the member of the clergy believes in good faith that there is risk of imminent personal injury to the person or others or if there is a good faith suspected belief that a child, elderly person, or a disabled or incompetent person is abused.

Finally, members of the clergy who learn of child abuse allegations during non-privileged communications must report them if these is reasonable cause to believe that the child is under age 18 and has not been abused or neglected. *

* We have used italics to highlight changes in the law.

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