REPORT ON BILLS FAVORABLY REPORTED BY COMMITTEE

TITLE OF BILL:

AN ACT CONCERNING THE DEPARTMENT OF CHILDREN AND FAMILIES AND CHILD ABUSE OR NEGLECT PROCEEDINGS.

SPONSORS OF BILL:

REASONS FOR BILL:

Representative Green proposed the bill to require the Department of Children and Families to notify an individual that his or her name is being submitted to the Child Abuse and Neglect Registry. The Commissioner must inform the individual of the existence of the registry, the potential adverse consequences of being listed on the registry, the right to a mediation conference with the Commissioner or the Commissioner’s designee and the right to an administrative evidentiary hearing. An individual aggrieved by the decision of the hearing officer may appeal to the Superior Court.

The Commissioner shall notify all persons against whom findings of abuse or neglect were substantiated prior to May 1, 2000 of the existence of the substantiated findings, the consequences of their inclusion on the registry and their right to appeal. No entry of the recommended finding shall be made on the child abuse or neglect registry nor shall any information concerning the recommended finding be disclosed by the Commissioner until the exhaustion or waiver of all administrative appeals. A finding of neglect shall not be made if the denial of proper care or attention or the permission to live under injurious conditions, circumstances, or associations are caused by lack of access to health care, employment or social services that can be rectified by a referral to appropriate employment, social or disability support services.

Several individuals have been denied employment or been terminated from their jobs because of their presence of the Child Abuse or Neglect Registry. These individuals had not been notified of their inclusion on this registry and of their rights to appeal the substantiation of abuse or neglect.

RESPONSE FROM ADMINISTRATION/AGENCY:

REPRESENTATIVE KENNETH P. GREEN, 1^st District testified that the goal should be to protect children and families from abuse while at the same time supporting families and their ability to provide an economic and caring environment for themselves. This is not about removing those names of certain individuals that have violated the trust and welfare of children, but to demonstrate the flaws in the system and the possible violations of civil rights of the “accused” individuals as well as an indication that DCF’s “policies” regarding determination and placement of names on the registry may violate state and federal laws.

DCF should re-examine its definition of abuse, separate that definition from neglect, while also defining neglect. If an investigation is conducted by DCF for abuse or neglect that the alleged perpetrators be advised of the reasons they are being investigated and what the consequences of a determination may be depending on the outcome of the investigation. Names are not submitted to the child registry or LINK until the alleged perpetrator exhausts all appeals and legal options.

DARLENE DUNBAR, Commissioner of Children and Families testified the Department recognizes and is generally supportive of many of the issues presented in the proposed bill. We are working on changing the notice to advise individuals against whom the Department has substantiated abuse or neglect of a child that they are on a registry and of their right to appeal that finding. Also, the Department is working to change our registry regulations. The current regulations, Section 17a-101-1 through 17a-101-10 of the Regulations of Connecticut State Agencies concerning the “Use and Operation of the Child Abuse and Neglect Registry” need to be revised and updated.

NATURE AND SOURCES OF SUPPORT:

LISA LEVY, Attorney, Greater Hartford Legal Aid, Inc testified that although DCF has been specifically required by Connecticut General Statute 17a-101k(a) to include an appeals procedure by regulation, to date, DCF has not implemented a notice and hearing process other than through its own internal policy manual, which does not have the force of law and can be altered at the whim of the agency.

Our clients have been discharged from their positions working with children due to complaints of abuse or neglect that were substantiated without according them any prior notice or hearing or any due process. We request the statutes be amended to require DCF to give notice to individuals substantiated for abuse or neglect of children of their immediate right to appeal the findings, and of the potential, adverse consequences of the substantiation with regard to loss of employment. The bill should also include a provision that DCF notify any employers who are advised of a substantiation that the general statutes do not require that a person be discharged from employment as a day care or public school teacher due solely to the substantiation.

The current DCF procedure of providing a hearing only after the person is listed on the registry fails to provide due process. The Circuit Court of Appeals in Valmonte v. Bane, 9F.3d992 (2^nd Circuit 1994) required that the New York registry procedure like the one in Connecticut violated an individual’s due process rights by failing to have an evidentiary hearing prior to placing the person’s name on the state registry. Contrary to the federal court holding, the DCF registry procedure typically requires a wait of several months after the person is placed on the registry to conduct an evidentiary hearing on the merits of the substantiation.

NATURE AND SOURCES OF OPPOSITION:

None expressed.