Sec. 17a-92. (Formerly Sec. 17-32c). Transfer of court wards to guardianship
of Commissioner of Children and Families: Delegation of powers, duties and functions. Effective at 12:01 a.m., April 1, 1975, the Commissioner of Children and Families
shall assume, and the Commissioner of Social Services shall cease to have guardianship,
as defined in subsection (a) of section 17a-90, over all children who on that date, by
virtue of any order of the Juvenile Court or Superior Court, are wards of or committed
to the state of Connecticut or the Commissioner of Social Services. The Commissioner
of Children and Families shall thereupon assume all liability and responsibility for such
children, and exercise such powers, duties and functions regarding such children, as the
Commissioner of Social Services in his capacity as guardian may now or hereafter have,
except to the extent that the federal government may require that any responsibility for
children be retained by the Commissioner of Social Services as a prerequisite to federal
reimbursement of state expenditures for such children under Title IV-A and B of the
Social Security Act. The Commissioner of Children and Families may delegate any
power, duty or function regarding such children, except for consent for adoption, marriage and joining of the armed services and except to the extent that the federal government may require that any responsibility for children be retained by said commissioner
as a prerequisite to federal reimbursement of state expenditures for such children.
(P.A. 74-251, S. 2; P.A. 75-544; P.A. 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-483, S. 155, 186; P.A.
93-91, S. 1, 2.)
History: P.A. 75-544 allowed commissioner to delegate power, duty or function relative to children in his care within
limitations described in provision; P.A. 77-614 and P.A. 78-303 required change of reference from welfare commissioner
to commissioner of human resources but change not enacted because of dated provision; P.A. 80-483 added reference to
superior court; Sec. 17-32c transferred to Sec. 17a-92 in 1991; P.A. 93-91 substituted commissioner and department of
children and families for commissioner and department of children and youth services, effective July 1, 1993.
Annotation to former section 17-32c:
Designated representative as party to proceedings and sequestration as a witness discussed. 22 CA 656, 662.
Annotation to present section:
Cited. 33 CA 673, 680.
Sec. 17a-93. (Formerly Sec. 17-32d). Definitions. As used in sections 17a-90 to
17a-124, inclusive, and 17a-152:
(a) "Child" means any person under eighteen years of age, except as otherwise
specified, or any person under twenty-one years of age who is in full-time attendance
in a secondary school, a technical school, a college or a state-accredited job training
program;
(b) "Parent" means natural or adoptive parent;
(c) "Adoption" means the establishment by court order of the legal relationship of
parent and child;
(d) "Guardianship" means guardianship, unless otherwise specified, of the person
of a minor and refers to the obligation of care and control, the right to custody and the
duty and authority to make major decisions affecting such minor's welfare, including,
but not limited to, consent determinations regarding marriage, enlistment in the armed
forces and major medical, psychiatric or surgical treatment;
(e) "Termination of parental rights" means the complete severance by court order
of the legal relationship, with all its rights and responsibilities, between the child and
his parent or parents so that the child is free for adoption except it shall not affect the
right of inheritance of such child or the religious affiliation of such child;
(f) "Statutory parent" means the Commissioner of Children and Families or that
child-placing agency appointed by the court for the purpose of giving a minor child or
minor children in adoption;
(g) "Child-placing agency" means any agency within or without the state of Connecticut licensed or approved by the Commissioner of Children and Families in accordance with sections 17a-149 and 17a-151, and in accordance with such standards which
shall be established by regulations of the Department of Children and Families;
(h) "Child care facility" means a congregate residential setting for the out-of-home
placement of children or youth under eighteen years of age, licensed by the Department
of Children and Families;
(i) "Protective supervision" means a status created by court order following adjudication of neglect whereby a child's place of abode is not changed but assistance directed
at correcting the neglect is provided at the request of the court through the Department
of Children and Families or such other social agency as the court may specify;
(j) "Receiving home" means a facility operated by the Department of Children and
Families to receive and temporarily care for children in the guardianship or care of the
commissioner;
(k) "Protective services" means public welfare services provided after complaints
of abuse, neglect or abandonment, but in the absence of an adjudication or assumption
of jurisdiction by a court;
(l) "Person responsible for the health, welfare or care of a child or youth" means a
child's or a youth's parent, guardian or foster parent; an employee of a public or private
residential home, agency or institution or other person legally responsible in a residential
setting; or any staff person providing out-of-home care, including center-based child
day care, family day care or group day care, as defined in section 19a-77;
(m) "Foster family" means a person or persons, licensed or certified by the Department of Children and Families or approved by a licensed child-placing agency, for the
care of a child or children in a private home;
(n) "Prospective adoptive family" means a person or persons, licensed by the Department of Children and Families or approved by a licensed child-placing agency, who
is awaiting the placement of, or who has a child or children placed in their home for the
purposes of adoption;
(o) "Person entrusted with the care of a child or youth" means a person given access
to a child or youth by a person responsible for the health, welfare or care of a child or
youth for the purpose of providing education, child care, counseling, spiritual guidance,
coaching, training, instruction, tutoring or mentoring of such child or youth.
(P.A. 75-420, S. 4, 6; 75-567, S. 39, 80; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 53, 111; P.A. 90-53; P.A. 92-14, S.
2; P.A. 93-91, S. 1, 2; P.A. 95-349, S. 2; P.A. 02-138, S. 11.)
History: P.A. 75-420 allowed substitution of commissioner and department of social services for welfare commissioner
and department in section created by P.A. 75-567; P.A. 77-614 replaced commissioner and department of social services
with commissioner and department of human resources, effective January 1, 1979; P.A. 79-631 replaced commissioner
and department of human resources with commissioner and department of children and youth services; P.A. 90-53 added
Subdiv. (l) defining "person responsible for the health, welfare or care of a child or youth"; Sec. 17-32d transferred to Sec.
17a-93 in 1991; P.A. 92-14 amended Subsec. (l) by adding the words "center-based" and "as defined in section 19a-77";
P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children
and youth services, effective July 1, 1993; P.A. 95-349 amended Subsec. (h) by replacing "child care agency" definition
with "child care facility" definition and added Subsecs. (m) and (n), defining "foster family" and "prospective adoptive
family"; P.A. 02-138 added Subsec. (o) defining "person entrusted with the care of a child or youth".
Annotations to former section 17-32d:
Subdiv. (e):
Cited. 196 C. 18, 19, 30. Cited. 211 C. 121, 125.
Cited. 13 CA 91, 96.
Annotations to present section:
Cited. 46 CA 69.
Subsec. (d):
Cited. 238 C. 146.
Subsec. (e):
Cited. 43 CS 108, 112.
Subsec. (f):
Cited. 25 CA 536, 539. Cited. 33 CA 673, 681.
Subsec. (i):
Cited. 45 CA 606.
Sec. 17a-94. (Formerly Sec. 17-34). Establishment of receiving homes. The
Commissioner of Children and Families may establish, maintain and operate, throughout the state, at such locations as he finds suitable, receiving homes for children in his
guardianship or care. For such purposes he may purchase, lease, hold, sell or convey
real and personal property, subject to the provisions of section 4b-21, and contract for
the operation and maintenance of such receiving homes with any nonprofit group or
organization. Said contract may include administrative, managerial and custodial services. The expense of obtaining and maintaining the same shall be paid out of the appropriation for the Department of Children and Families. The commissioner may, subject
to the provisions of chapter 67, appoint such supervisory and other personnel as he finds
necessary for the management of such homes. The maximum charge to be made for
care of children in such homes shall be the same as the charge for care of patients in
state humane institutions.
(1955, S. 1463d; 1959, P.A. 31; February, 1965, P.A. 488, S. 5; 1971, P.A. 260; P.A. 75-420, S. 4, 6; P.A. 77-614, S.
521, 610; P.A. 79-631, S. 54, 111; P.A. 93-91, S. 1, 2; P.A. 96-180, S. 45, 166.)
History: 1959 act added provision re maximum charge; 1965 act changed "shall" to "may" and "the care of committed
children and other children who require the care and protection of the state" to "children in his guardianship or care"; 1971
act added provisions re contracts with nonprofit groups or organizations for operation of receiving homes; P.A. 75-420
replaced welfare department with department of social services; P.A. 77-614 replaced department of social services with
department of human resources, effective January 1, 1979; P.A. 79-631 replaced department of human resources with
department of children and youth services; Sec. 17-34 transferred to Sec. 17a-94 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective
July 1, 1993; P.A. 96-180 made a technical correction, effective June 3, 1996.
See Sec. 17a-93 for applicable definitions.
See Sec. 17b-223 re support in humane institutions.
Sec. 17a-95. (Formerly Sec. 17-35). Religious and moral instruction. Equal
privileges shall be granted to clergymen of all religious denominations to impart religious instruction to the children residing in receiving homes maintained and operated
by the Commissioner of Children and Families, and every reasonable opportunity shall
be allowed such clergymen to give religious and moral instruction to such children as
belong to their respective faiths. The Commissioner of Children and Families shall
prescribe reasonable times and places when and where such instruction may be given.
(1949 Rev., S. 2838; 1955, S. 1471d; February, 1965, P.A. 488, S. 4; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610;
P.A. 79-631, S. 55, 111; P.A. 93-91, S. 1, 2.)
History: 1965 act changed "denominations" to "faiths"; P.A. 75-420 replaced welfare commissioner with commissioner
of social services; P.A. 77-614 replaced commissioner of social services with commissioner of human resources, effective
January 1, 1979; P.A. 79-631 replaced commissioner of human resources with commissioner of children and youth services;
Sec. 17-35 transferred to Sec. 17a-95 in 1991; P.A. 93-91 substituted commissioner and department of children and families
for commissioner and department of children and youth services, effective July 1, 1993.
See Sec. 17a-93 for applicable definitions.
Annotation to former section 17-35:
Cited. 110 C. 479.
Sec. 17a-96. (Formerly Sec. 17-36). *(See end of section for amended version
and effective date.) Custodians of children to file reports. Placing of children in
foster homes. The institutions having custody of such children and the agencies and
persons licensed by authority of sections 17a-90 to 17a-124, inclusive, 17a-145 to 17a-155, inclusive, 17a-175 to 17a-182, inclusive, 17a-185 and 46b-151 to 46b-151g, inclusive, shall make such reports to the Commissioner of Children and Families at such
reasonable times and in such form and covering such data as the commissioner directs.
The commissioner and his deputy and agents shall supervise the placing of such children
in foster homes. The commissioner may place children who have not been properly
placed in homes suitable for their care and protection. In placing any child in a foster
home, the commissioner shall, if practicable, select a home of like religious faith to that
of the parent or parents of such child, if such faith is known or ascertainable by the
exercise of reasonable care.
(1949 Rev., S. 2631; 1955, S. 1466d; P.A. 96-180, S. 46, 166.)
*Note: On and after July 1, 2004, or upon enactment of the Interstate Compact for
Juveniles by thirty-five jurisdictions, whichever is later, this section, as amended by
section 3 of public act 03-255, is to read as follows:
"Sec. 17a-96. (Formerly Sec. 17-36). Custodians of children to file reports.
Placing of children in foster homes. The institutions having custody of such children
and the agencies and persons licensed by authority of sections 17a-90 to 17a-124, inclusive, 17a-145 to 17a-155, inclusive, and 17a-175 to 17a-182, inclusive, 17a-185 shall
make such reports to the Commissioner of Children and Families at such reasonable
times and in such form and covering such data as the commissioner directs. The commissioner and his deputy and agents shall supervise the placing of such children in foster
homes. The commissioner may place children who have not been properly placed in
homes suitable for their care and protection. In placing any child in a foster home, the
commissioner shall, if practicable, select a home of like religious faith to that of the
parent or parents of such child, if such faith is known or ascertainable by the exercise
of reasonable care."
(1949 Rev., S. 2631; 1955, S. 1466d; P.A. 96-180, S. 46, 166; P.A. 03-255, S. 3.)
History: Sec. 17-36 transferred to Sec. 17a-96 in 1991; P.A. 96-180 made technical corrections, effective June 3, 1996;
P.A. 03-255 deleted reference to Secs. 46b-151 to 46b-151g, inclusive, effective July 1, 2004, or upon enactment of the
Interstate Compact for Juveniles by thirty-five jurisdictions, whichever is later.
Annotation to former section 17-36:
Cited. 215 C. 31, 40-42.
Sec. 17a-97. (Formerly Sec. 17-36a). Foster parent families. Section 17a-97 is
repealed.
(1971, P.A. 833, S. 1-3; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 56, 111; P.A. 84-546, S. 52,
173; P.A. 93-91, S. 1, 2; P.A. 96-194, S. 13.)
Sec. 17a-98. (Formerly Sec. 17-37). Supervision of children under guardianship or care of commissioner. The Commissioner of Children and Families, or any
agent appointed by him, shall exercise careful supervision of each child under his guardianship or care and shall maintain such contact with the child and his foster family
as is necessary to promote the child's safety and his physical, educational, moral and
emotional development. The commissioner shall maintain such records and accounts
as may be necessary for the proper supervision of all children under his guardianship
or care.
(1949 Rev., S. 2632; 1955, S. 1467d; 1961, P.A. 341; February, 1965, P.A. 488, S. 8; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 57, 111; P.A. 93-91, S. 1, 2; P.A. 96-194, S. 2.)
History: 1961 act added specifications re supervision of and visitation and consultation with each child and written
report requirement detailing status, vital statistics and conclusions from visits and deleted written report requirement re
home condition and child care; 1965 act deleted material added in 1961 and added guardianship or care characterization,
contact maintenance requirement and requirement that records and accounts necessary for proper supervision of child be
kept; P.A. 75-420 replaced welfare commissioner with social services commissioner; P.A. 77-614 replaced social services
commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced human resources
commissioner with commissioner of children and youth services; Sec. 17-37 transferred to Sec. 17a-98 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and
youth services, effective July 1, 1993; P.A. 96-194 changed "foster parents" to "foster family" and made a technical
correction.
See Sec. 17a-93 for applicable definitions.
Annotation to former section 17-37:
Cited. 215 C. 31, 41, 42.
Annotation to present section:
Cited. 238 C. 146.
Sec. 17a-98a. Kinship foster care program established. The Department of
Children and Families shall establish, within available appropriations, a kinship foster
care program. Such program shall ensure that when the department determines that it
is in the best interest of the child to be placed with a relative for foster care, the department
shall inform the relative regarding procedures to become licensed as a foster parent.
(P.A. 03-42, S. 1.)
Sec. 17a-99. (Formerly Sec. 17-37a). Delegation of guardianship authority.
The Commissioner of Children and Families may delegate to his deputy commissioner
his authority as guardian of children committed to him by the Superior Court, or whose
guardianship is transferred to him by a court of probate, and the signature of either
official on any document pertaining to any such guardianship shall be valid.
(P.A. 73-489; P.A. 74-251, S. 19; P.A. 75-420, S. 4, 6; P.A. 76-436, S. 585, 681; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 58, 111; P.A. 93-91, S. 1, 2.)
History: P.A. 74-251 added clause covering transfer of authority from welfare commissioner to commissioner of children
and youth services; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 76-436 deleted
reference implying transfer of authority after April 1, 1975, and replaced juvenile court with superior court, effective July
1, 1978; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1,
1979; P.A. 79-631 deleted reference to human resources commissioner; Sec. 17-37a transferred to Sec. 17a-99 in 1991;
P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children
and youth services, effective July 1, 1993.
Sec. 17a-100. (Formerly Sec. 17-38). Ill treatment of children. Whenever it is
found that any child is not properly treated in any foster family or that any such foster
family is not a suitable one and is of such character as to jeopardize the welfare of any
child so placed therein, the Commissioner of Children and Families, upon being satisfied
of the ill treatment of the child or the unsuitableness of the foster family, shall remove
the child from such foster family and take such further action as is necessary to secure
the welfare of the child.
(1949 Rev., S. 2633; 1955, S. 1468d; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 59, 111; P.A. 93-91, S. 1, 2; P.A. 96-194, S. 3.)
History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced social
services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced human
resources commissioner with commissioner of children and youth services; Sec. 17-38 transferred to Sec. 17a-100 in 1991;
P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children
and youth services, effective July 1, 1993; P.A. 96-194 changed "foster home" to "foster family".
No statutory provision for hearing prior to removal, and, therefore, case was not a "contested case" for purposes of
appellate rights under Uniform Administrative Procedure Act (Sec. 4-166 et seq). 68 CA 223.
Sec. 17a-101. (Formerly Sec. 17-38a). Protection of children from abuse. Mandated reporters. Educational and training programs. (a) The public policy of this
state is: To protect children whose health and welfare may be adversely affected through
injury and neglect; to strengthen the family and to make the home safe for children by
enhancing the parental capacity for good child care; to provide a temporary or permanent
nurturing and safe environment for children when necessary; and for these purposes to
require the reporting of suspected child abuse, investigation of such reports by a social
agency, and provision of services, where needed, to such child and family.
(b) The following persons shall be mandated reporters: Any physician or surgeon
licensed under the provisions of chapter 370, any resident physician or intern in any
hospital in this state, whether or not so licensed, any registered nurse, licensed practical
nurse, medical examiner, dentist, dental hygienist, psychologist, coach of intramural or
interscholastic athletics, school teacher, school principal, school guidance counselor,
school paraprofessional, school coach, social worker, police officer, juvenile or adult
probation officer, juvenile or adult parole officer, member of the clergy, pharmacist,
physical therapist, optometrist, chiropractor, podiatrist, mental health professional or
physician assistant, any person who is a licensed or certified emergency medical services
provider, any person who is a licensed or certified alcohol and drug counselor, any
person who is a licensed marital and family therapist, any person who is a sexual assault
counselor or a battered women's counselor as defined in section 52-146k, any person
who is a licensed professional counselor, any person paid to care for a child in any public
or private facility, child day care center, group day care home or family day care home
licensed by the state, any employee of the Department of Children and Families, any
employee of the Department of Public Health who is responsible for the licensing of
child day care centers, group day care homes, family day care homes or youth camps,
the Child Advocate and any employee of the Office of Child Advocate.
(c) The Commissioner of Children and Families shall develop an educational training program for the accurate and prompt identification and reporting of child abuse and
neglect. Such 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.
(d) Any mandated reporter, as defined in subsection (b) of this section, who fails
to report to the Commissioner of Children and Families pursuant to section 17a-101a
shall be required to participate in an educational and training program established by
the commissioner. The program may be provided by one or more private organizations
approved by the commissioner, provided the entire costs 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.
(February, 1965, P.A. 580, S. 1-3; 1967, P.A. 317; 1969, P.A. 25; 1971, P.A. 216; P.A. 73-205, S. 1; P.A. 74-293, S.
1-3; P.A. 75-270; 75-384, S. 1-6, 9; 75-420, S. 4, 6; P.A. 76-27, S. 1, 2; 76-436, S. 586, 681; P.A. 77-308, S. 1, 4; 77-614, S. 486, 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-631, S. 60, 111; P.A. 80-190, S. 4; P.A. 81-91, S. 2; 81-472,
S. 29, 159; P.A. 82-203; P.A. 86-337, S. 6; P.A. 88-218; 88-333; P.A. 89-160, S. 1, 2; 89-168, S. 1; P.A. 92-76, S. 1; P.A.
93-91, S. 1, 2; 93-340, S. 4, 19; P.A. 94-221, S. 21; P.A. 95-103; 95-289, S. 7; P.A. 96-246, S. 1; P.A. 99-102, S. 13; P.A.
00-49, S. 6, 7; P.A. 02-106, S. 3; 02-138, S. 12.)
History: 1967 act added nurses, teachers, principals and social workers; 1969 act included licensed practical nurses in
Subsec. (a); 1971 act inserted new Subsec. (a) stating policy of state, relettered former Subsecs. (a) and (b) as (b) and (c),
included medical examiners, police officers and clergymen in Subsec. (b), formerly (a), clarified and expanded provisions
re circumstances requiring report, clarified to whom oral and written reports to be made in Subsec. (c), added Subsecs. (d)
to (g) and designated former Subsec. (c) as Subsec. (h), making minor changes to reach conformity with rest of section as
amended; P.A. 73-205 included dentists, psychologists and school guidance counselors in Subsec. (b) and added provision
imposing fine for failure to report as required, amended Subsec. (c) to delete reports to health commissioner and impose
seventy-two hour deadline for written report, amended Subsec. (d) to refer to examination rather than treatment of child,
to require physician to advise parents, guardians etc. and to extend hospital custody period from seventy-two to ninety-six hours, amended Subsec. (f) to describe qualities appointed counsel must possess and to require court rather than
welfare commissioner to pay fee and amended Subsec. (g) to make welfare commissioner rather than health commissioner
responsible for registry; P.A. 74-293 included coroners, osteopaths, optometrists, chiropractors, podiatrists, day care center
employees and mental health professionals in Subsec. (b), substituted "shall" for "may" in Subsec. (f)(2) thereby making
representation by counsel mandatory and imposed deadline for adoption of regulations in Subsec. (g); P.A. 75-270 replaced
welfare commissioner and department with commissioner and department of children and youth services and added provisions in Subsec. (e) for temporary custody of child; P.A. 75-384 returned duties to welfare department and commissioner,
included emotional maltreatment in Subsec. (b), added provision re counsel as guardian ad litem in Subsec. (f), clarified
confidentiality provision in Subsec. (g) and added provision re penalty for violation of section; P.A. 75-420 replaced
welfare commissioner and department with commissioner and department of social services; P.A. 76-27 included action
by commissioner of children and youth services in Subsec. (e); P.A. 76-436 replaced juvenile court with superior court in
Subsecs. (d) to (f), effective July 1, 1978; P.A. 77-308 amended Subsec. (b) to refer to abuse of child by person responsible
for his health, welfare or care or by person given access to child by responsible person and added reference to children
neglected as defined in Sec. 17-53; P.A. 77-614 and P.A. 78-303 replaced social services commissioner and department
with commissioner and department of human resources and made state police department a division within the department
of public safety, effective January 1, 1979; P.A. 79-631 replaced commissioner and department of human resources with
commissioner and department of children and youth services; P.A. 80-190 deleted coroners in Subsec. (b); P.A. 81-91
substituted commissioner of children and youth services for commissioner of human resources in Subsec. (c); P.A. 81-472 made technical changes; P.A. 82-203 amended Subsec. (b) by substituting sexual abuse and sexual exploitation for
sexual molestation in the list of examples of conditions that are the result of maltreatment; P.A. 86-337 added requirement
that commissioner of children and youth services immediately notify appropriate law enforcement agency of reports of
child abuse; P.A. 88-218 added physician assistants, Connecticut certified substance abuse counselors and Connecticut
certified marital and family therapists to the list of persons required to report child abuse in Subsec. (b) and made a technical
change in Subsec. (g); P.A. 88-333 in Subsec. (b) added a school employee as a person who has inflicted injuries, in
Subsecs. (b) and (c) added reporting requirements when it is suspected or believed that the injuries were inflicted by a
school employee, in Subsec. (e) specified who is to investigate when a report concerns suspected or believed injuries by
a school employee and added Subdiv. (3) re reporting and suspension when an investigation produces evidence that a child
has been abused by a school employee, in Subsec. (f) specified what happens if a school employee is convicted of a crime
involving an act of child abuse and added Subsec. (i) re the assignment of designees by a school superintendent; P.A. 89-160 amended Subsec. (c) to require the commissioner of children and youth services and the local police department or
state police to notify each other when either receives an oral report alleging serious physical abuse or sexual abuse of a
child, amended Subsec. (d) to allow physicians examining a child with respect to whom abuse is suspected to perform
diagnostic tests and procedures necessary for the detection of child abuse, the expenses for such tests and procedures paid
for by the parents or if they are unable to pay, by the commissioner, amended Subsec. (d) to allow the commissioner during
the period of temporary custody, to provide the child with all necessary care including medical care consisting of an
examination, with or without parental consent and diagnostic tests and procedures necessary to detect child abuse and
amended Subsec. (g) to require the commissioner to disclose the information in the registry of child abuse reports received
to the legislative program review and investigations committee when requested and under certain conditions protecting
confidentiality; P.A. 89-168 added a new Subsec. (j) which requires each local and regional board of education to adopt
a written policy regarding the reporting, by school employees, of suspected child abuse; Sec. 17-38a transferred to Sec.
17a-101 in 1991; P.A. 92-76 included school paraprofessionals in Subsec. (b), amended Subsec. (c) to require report to
commissioner of education in cases involving certified school employees, amended Subsec. (e) to require notification
of commissioner of education in investigations involving certified school employees and to add language concerning
certification revocation proceedings and made technical changes in Subsec. (f); P.A. 93-91 substituted commissioner and
department of children and families for commissioner and department of children and youth services, effective July 1,
1993; P.A. 93-340 amended Subsec. (b) to add dental hygienists, pharmacists, physical therapists, sexual assault counselors
and battered women's counselors to list of persons required to report suspected child abuse and to make technical changes,
effective July 1, 1993; P.A. 94-221 amended Subsec. (f) to add notice by the state's attorney of persons holding certificates
issued by the State Board of Education, expanded the reasons for the notice to include violations of Secs. 53a-71 and 53a-73a, substituted notice to the commissioner of education for notice to the State Board of Education and deleted provision
for the commencement of certification revocation proceedings; P.A. 95-103 amended Subsec. (f) by adding provision that
separate guardian ad litem not required to be attorney; P.A. 95-289 changed marital and family therapists from "Connecticut
certified" to "licensed"; P.A. 96-246 amended Subsec. (b) by listing mandated reporters and deleting rest of subsection
and deleted former Subsecs. (c) to (j), inclusive, and added new Subsec. (c) re development of educational training program
for prompt identification and reporting of child abuse and neglect; P.A. 99-102 amended Subsec. (b) by deleting obsolete
references to chapter 371 and osteopaths and making a technical change; P.A. 00-49 amended Subsec. (a) by making
technical changes and adding the Child Advocate and any employee of the Office of Child Advocate as mandated reporters,
effective July 1, 2000; P.A. 02-106 amended Subsec. (b) to add a coach of intramural or interscholastic athletics as a
mandated reporter; P.A. 02-138 amended Subsec. (b) to replace "clergyman" with "member of the clergy", replace "licensed
substance abuse counselor" with "licensed or certified alcohol and drug counselor", replace "day care center" with "child
day care center" and add as mandated reporters a school coach, juvenile or adult probation officer, juvenile or adult parole
officer, any person who is a licensed or certified emergency medical services provider, any person who is a licensed
professional counselor, any person paid to care for a child in any group day care home licensed by the state, any employee
of the Department of Children and Families and any employee of the Department of Public Health who is responsible for
the licensing of child day care centers, group day care homes, family day care homes or youth camps and added new
Subsec. (d) re participation of mandated reporters who fail to report in an educational and training program established by
the commissioner.
See chapter 54 re uniform administrative procedure.
See Sec. 10-145b re revocation of certificates issued by the State Board of Education.
See Sec. 17a-3a re training for Connecticut Juvenile Training School staff.
See Sec. 17a-49 re grants for programs for treatment and prevention of child abuse and neglect.
Annotations to former section 17-38a:
Cited. 165 C. 288, 295. Cited. 189 C. 276, 283, 289, 293.
Cited. 6 CA 7, 9. Cited. Id., 360, 361, 367. Cited. 8 CA 656, 659, 663. Cited. 12 CA 585, 586, 590, 591. Cited. 25 CA
586, 591; judgment reversed, see 223 C. 492 et seq.
Cited. 35 CS 241, 244.
Subsec. (a):
Cited. 177 C. 648, 660; 179 C. 155, 171. Cited. 187 C. 431, 439. Cited. 189 C. 276, 283. Cited. 192 C. 254, 262. Cited.
195 C. 344, 353. Cited. 214 C. 256, 258, 264, 279. Cited. 217 C. 459, 470.
Cited. 6 CA 360, 363, 367, 368. Cited. 8 CA 656, 665. Cited. 12 CA 585, 591. Cited. 23 CA 410, 424. Cited. 31 CA
400, 431; judgment reversed, see 230 C. 459 et seq.
Subsec. (e):
Cited. 189 C. 276, 279, 287-289, 293, 294.
Subsec. (f):
Cited. 8 CA 656, 663.
Subdiv. (4) cited. 41 CS 23, 28.
Subsec. (g):
Cited. 30 CA 794, 795.
Annotations to present section:
Cited. 224 C. 29, 37. Cited. 240 C. 549. Class of persons protected by statute is limited to those children who have
been abused or neglected and are, or should have been, the subject of a mandated report. Thus, trial court properly concluded
that defendant did not owe a duty of care to child who sustained head injury while attending a licensed day care facility
because child was not within the class of persons protected by the statute. 267 C. 539.
Cited. 25 CA 586, 591; judgment reversed, see 223 C. 492 et seq. Cited. 26 CA 58, 59, 63. Cited. 40 CA 233, 248. In
second proceeding re determination of abuse and neglect of a child, no collateral estoppel where issue is termination of
parental rights. 50 CA 805. Arbitration award reinstating driver of children for Department of Children and Families who
was guilty of drug charges under Secs. 21a-277 and 21a-278 violates public policy of protecting children of the state. 59
CA 793.
Subsec. (a):
Cited. 224 C. 263, 297. Section does not expressly obligate employer to accommodate an employee's work-at-home
requests or to refrain from taking adverse action against an employee who persists in efforts to secure such arrangement.
249 C. 766.
Adjudication of neglect may be based on potential risk of harm. 58 CA 119.
Subsec. (b):
Cited. 240 C. 549. Cited. 242 C. 1.
Subsec. (e):
Cited. 26 CA 58, 62.
Subsec. (g):
Cited. 30 CA 794, 795.
Subsec. (h):
Cited. 240 C. 549.
Sec. 17a-101a. Report of abuse, neglect or injury of child or imminent risk of
serious harm to child. Penalty for failure to report. Any mandated reporter, as defined
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 (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. Any person required to report under the provisions of this
section who fails to make such report shall be fined not less than five hundred dollars
nor more than two thousand five hundred dollars and shall be required to participate in
an educational and training program pursuant to subsection (d) of section 17a-101.
(P.A. 96-246, S. 2; P.A. 97-319, S. 9, 22; P.A. 98-241, S. 3, 18; P.A. 02-106, S. 4; 02-138, S. 13.)
History: P.A. 97-319 added provision requiring report for any child that has been abused rather than for any child in
danger of being abused, effective July 1, 1997; P.A. 98-241 added "or is placed at imminent risk of serious harm by an
act or failure to act on the part of such responsible person", effective July 1, 1998; P.A. 02-106 increased the penalty for
failing to report from "not more than five hundred dollars" to "not less than five hundred dollars nor more than two thousand
five hundred dollars" and made technical changes for purposes of gender neutrality; P.A. 02-138 inserted Subdiv. indicators,
repositioned language re reporting of neglect, required reporting by a mandated reporter when reasonable suspicion or
belief arose "in the ordinary course of such person's employment or profession" rather than "in his professional capacity",
amended Subdiv. (2) to delete provision that limited reporting to injuries inflicted "by a person responsible for such child's
health, welfare or care or by a person given access to such child by such responsible person", amended Subdiv. (3) to
delete provision that limited reporting to when a child is placed at imminent risk of harm "by an act or failure to act on the
part of such responsible person" and added requirement that a mandated reporter who fails to report participate in an
educational and training program pursuant to Sec. 17a-101(d).
Sec. 17a-101b. Oral report by mandated reporter. Notification of law enforcement agency when allegation of sexual abuse or serious physical abuse. Notification
of person in charge of institution, facility or school when staff member suspected
of abuse or neglect. (a) An oral report shall be made by a mandated reporter as soon
as practicable but not later than twelve hours after the mandated reporter 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 such
person has knowingly made a false report, the identity of 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, 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 shall report as required in subsection
(a) of this section. The Commissioner of Children and Families or the commissioner's
designee shall notify the 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. Such 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.
(P.A. 96-246, S. 3; P.A. 97-319, S. 10, 22; P.A. 02-138, S. 14.)
History: P.A. 97-319 divided existing Subsec. (a) into Subsecs. (a) and (b) by providing in Subsec. (a) that report be
made if there is reasonable cause to suspect or believe abuse rather than if there is a suspicion or belief of abuse and inserted
new Subsec. (b) re disclosure of the name of a person who knowingly made a false report, relettering prior Subsec. (b) and
(d), effective July 1, 1997; P.A. 02-138 amended Subsec. (a) to decrease the time period for making the required oral report
from "within twenty-four hours" to "as soon as practicable but not later than twelve hours" after the reporter has reasonable
suspicion or belief of child abuse or neglect and require an oral report whenever there is reasonable suspicion or belief
that a child has been "placed in imminent risk of serious harm", amended Subsec.(b) to replace "his representative" with
"the commissioner's designee", amended Subsec. (c) to decrease from twenty-four to twelve hours the time period after
receipt of the report that the commissioner is required to notify the appropriate law enforcement agency and make technical
changes including changes for purposes of gender neutrality, amended Subsec. (d) to provide that the notification of the
person in charge of the institution, facility or school be made by the "Commissioner of Children and Families or the
commissioner's designee" rather than by the mandated reporter, add provision that such notice is not required if "such
person is the alleged perpetrator of the abuse or neglect of such child" and make technical changes including changes for
purposes of gender neutrality.
Sec. 17a-101c. Written report by mandated reporter. Within forty-eight hours
of making an oral report, a mandated reporter shall submit a written report to the Commissioner of Children and Families or his representative. When a mandated reporter 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 he 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 person in charge of such institution, school or facility to the Commissioner of
Education or his representative. 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 mandated reporter to the executive head of the state licensing
agency.
(P.A. 96-246, S. 4; P.A. 97-319, S. 11, 22; P.A. 98-239, S. 18; P.A. 03-168, S. 6.)
History: P.A. 97-319 deleted provision re oral information and added the words "copy of the" before each reference
to "written report", effective July 1, 1997; P.A. 98-239 required the mandated reporter to send a copy of the written report
to the executive head of the state licensing agency in the case of an employee of a facility or institution providing care for a
child; P.A. 03-168 replaced reference to "certified school employee" with provision re school employee holding certificate,
authorization or permit, effective July 1, 2003.
Sec. 17a-101d. Contents of oral and written reports. All oral and written reports
required in sections 17a-101a to 17a-101c, inclusive, and section 17a-103, shall contain,
if known: (1) The names and addresses of the child and his parents or other person
responsible for his care; (2) the age of the child; (3) the gender of the child; (4) the nature
and extent of the child's injury or injuries, maltreatment or neglect; (5) the approximate
date and time the injury or injuries, maltreatment or neglect occurred; (6) information
concerning any previous injury or injuries to, or maltreatment or neglect of, the child
or his siblings; (7) the circumstances in which the injury or injuries, maltreatment or
neglect came to be known to the reporter; (8) the name of the person or persons suspected
to be responsible for causing such injury or injuries, maltreatment or neglect; and (9)
whatever action, if any, was taken to treat, provide shelter or otherwise assist the child.
(P.A. 96-246, S. 5.)
Sec. 17a-101e. Employers prohibited from discrimination against witness in
child abuse proceeding. Penalty. Immunity for making report of child abuse in
good faith. False report of child abuse. Penalty. (a) No employer shall discharge, or
in any manner discriminate or retaliate against, any employee who in good faith makes
a report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, testifies or
is about to testify in any proceeding involving child abuse or neglect. The Attorney
General may bring an action in Superior Court against an employer who violates this
subsection. The court may assess a civil penalty of not more than two thousand five
hundred dollars and may order such other equitable relief as the court deems appropriate.
(b) Any person, institution or agency which, in good faith, makes, or in good faith
does not make, the report pursuant to sections 17a-101a to 17a-101d, inclusive, and
17a-103 shall be immune from any liability, civil or criminal, which might otherwise
be incurred or imposed and shall have the same immunity with respect to any judicial
proceeding which results from such report provided such person did not perpetrate or
cause such abuse or neglect.
(c) Any person who knowingly makes a false report of child abuse or neglect pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, shall be fined not more
than two thousand dollars or imprisoned not more than one year or both.
(P.A. 96-246, S. 6; P.A. 97-319, S. 12, 22.)
History: P.A. 97-319 amended Subsec. (b) by adding provision re immunity for persons who in good faith do not make
a report, effective July 1, 1997.
Sec. 17a-101f. Examination by physician. Diagnostic tests and procedures to
detect child abuse. Expenses. Any physician examining a child with respect to whom
abuse or neglect is suspected shall have the right to keep such child in the custody of a
hospital for no longer than ninety-six hours in order to perform diagnostic tests and
procedures necessary to the detection of child abuse or neglect and to provide necessary
medical care with or without the consent of such child's parents or guardian or other
person responsible for the child's care, provided the physician has made reasonable
attempts to (1) advise such child's parents or guardian or other person responsible for
the child's care that he suspects the child has been abused or neglected and (2) obtain
consent of such child's parents or guardian or other person responsible for the child's
care. In addition, such physician may take or cause to be taken photographs of the area
of trauma visible on a child who is the subject of such report without the consent of
such child's parents or guardian or other person responsible for the child's care. All
such photographs or copies thereof shall be sent to the local police department and the
Department of Children and Families. The expenses for such care and such diagnostic
tests and procedures, if not covered by insurance, shall be paid by the Commissioner
of Children and Families, provided the state may recover such costs from the parent if
the parent has been found by a court to have abused or neglected such child.
(P.A. 96-246, S. 8.)
Sec. 17a-101g. Classification and evaluation of reports. Investigation. Referral to local law enforcement authority. Home visit. Removal of child in imminent
risk of harm. (a) Upon receiving a report of child abuse or neglect, as provided in
sections 17a-101a to 17a-101c, inclusive, or section 17a-103, in which the alleged perpetrator is (1) a person responsible for such child's health, welfare or care, (2) a person
given access to such child by such responsible person, or (3) a person entrusted with
the care of a child, the Commissioner of Children and Families, or the commissioner's
designee, shall cause the report to be classified and evaluated immediately. If the report
contains sufficient information to warrant an investigation, the commissioner shall make
the commissioner's best efforts to commence an investigation of a report concerning
an imminent risk of physical harm to a child or other emergency within two hours of
receipt of the report and shall commence an investigation of all other reports within
seventy-two hours of receipt of the report. The department shall complete any such
investigation within thirty calendar days of receipt of the report. If the report is a report
of child abuse or neglect in which the alleged perpetrator is not a person specified in
subdivision (1), (2) or (3) of this subsection, the Commissioner of Children and Families
shall refer the report to the appropriate local law enforcement authority for the town in
which the child resides or in which the alleged abuse or neglect occurred.
(b) The investigation shall include a home visit at which the child and any siblings
are observed, if appropriate, a determination of the nature, extent and cause or causes
of the reported abuse or neglect, a determination of the person or persons suspected to
be responsible for such abuse or neglect, the name, age and condition of other children
residing in the same household and an evaluation of the parents and the home. The report
of such investigation shall be in writing. The investigation shall also include, but not
be limited to, a review of criminal conviction information concerning the person or
persons alleged to be responsible for such abuse or neglect and previous allegations of
abuse or neglect relating to the child or other children residing in the household or
relating to family violence.
(c) If the Commissioner of Children and Families, or his designee, has probable
cause to believe that the child or any other child in the household is in imminent risk
of physical harm from his surroundings and that immediate removal from such surroundings is necessary to ensure the child's safety, the commissioner, or his designee, shall
authorize any employee of the department or any law enforcement officer to remove
the child and any other child similarly situated from such surroundings without the
consent of the child's parent or guardian. The commissioner shall record in writing the
reasons for such removal and include such record with the report of the investigation
conducted under subsection (b) of this section.
(d) The removal of a child pursuant to subsection (c) of this section shall not exceed
ninety-six hours. During the period of such removal, the commissioner, or his designee,
shall provide the child with all necessary care, including medical care, which may include an examination by a physician or mental health professional with or without the
consent of the child's parents, guardian or other person responsible for the child's care,
provided reasonable attempts have been made to obtain consent of the child's parents
or guardian or other person responsible for the care of such child. During the course
of a medical examination, a physician may perform diagnostic tests and procedures
necessary for the detection of child abuse or neglect. If the child is not returned home
within such ninety-six-hour period, with or without protective services, the department
shall proceed in accordance with section 46b-129.
(P.A. 96-246, S. 9; P.A. 97-319, S. 13, 22; P.A. 02-138, S. 15.)
History: P.A. 97-319 amended Subsec. (a) by deleting reference to "section 17a-101b" and substituting reference to
reports made under Secs. 17a-101a to 17a-101c, inclusive, and Sec. 17a-103 and made technical changes, effective July
1, 1997; P.A. 02-138 amended Subsec. (a) to include receipt of a report of child "neglect", make provisions re the commissioner's classification, evaluation and investigation of a report applicable if the report is one "in which the alleged perpetrator
is (1) a person responsible for such child's health, welfare or care, (2) a person given access to such child by such responsible
person, or (3) a person entrusted with the care of a child", add provision requiring the commissioner to refer the report to
the local law enforcement authority if the alleged perpetrator is not a person specified in Subdiv. (1), (2) or (3) and make
technical changes for purposes of gender neutrality.
Sec. 17a-101h. Coordination of investigatory activities. Interview with child.
Consent. Notwithstanding any provision of the general statutes to the contrary, any
person authorized to conduct an investigation of abuse or neglect shall coordinate investigatory activities in order to minimize the number of interviews of any child and share
information with other persons authorized to conduct an investigation of child abuse or
neglect, as appropriate. The commissioner shall obtain the consent of parents or guardians or other persons responsible for the care of the child to any interview with a child,
except that such consent shall not be required when the department has reason to believe
such parent or guardian or other person responsible for the care of the child or member
of the child's household is the perpetrator of the alleged abuse. If consent is not required
to conduct the interview, such interview shall be conducted in the presence of a disinterested adult unless immediate access to the child is necessary to protect the child from
imminent risk of physical harm and a disinterested adult is not available after reasonable
search.
(P.A. 96-246, S. 10.)
Sec. 17a-101i. Abuse of child by school employee or staff member of public or
private institution or facility providing care for children. Suspension. Notification
of state's attorney re conviction. Boards of education to adopt written policy re
reporting of child abuse by school employee. (a) Notwithstanding any provision of
the general statutes to the contrary, after an investigation has been completed and the
Commissioner of Children and Families, based upon the results of the investigation,
has reasonable cause to believe that a child has been abused by a school employee who
holds a certificate, permit or authorization issued by the State Board of Education, the
commissioner shall notify the employing superintendent of such finding and shall provide records, whether or not created by the department, concerning such investigation
to the superintendent who shall suspend such school employee. Such suspension shall
be with pay and shall not result in the diminution or termination of benefits to such
employee. Within seventy-two hours after such suspension the superintendent shall
notify the local or regional board of education and the Commissioner of Education, or
the commissioner's representative, of the reasons for and conditions of the suspension.
The superintendent shall disclose such records to the Commissioner of Education and the
local or regional board of education or its attorney for purposes of review of employment
status or the status of such employee's certificate, permit or authorization. The suspension of a school employee employed in a position requiring a certificate shall remain
in effect until the board of education acts pursuant to the provisions of section 10-151. If the contract of employment of such certified school employee is terminated,
the superintendent shall notify the Commissioner of Education, or the commissioner's
representative, within seventy-two hours after such termination. Upon receipt of such
notice from the superintendent, the Commissioner of Education may commence certification revocation proceedings pursuant to the provisions of subsection (m) of section
10-145b. Notwithstanding the provisions of sections 1-210 and 1-211, information received by the Commissioner of Education, or the commissioner's representative, pursuant to this section shall be confidential subject to regulations adopted by the State Board
of Education under section 10-145g.
(b) After an investigation has been completed and the Commissioner of Children
and Families, based upon the results of the investigation, has reasonable cause to believe
that a child has been abused by a staff member of a public or private institution or facility
providing care for children or private school, the commissioner shall notify the executive
director of such institution, school or facility and shall provide records, whether or not
created by the department concerning such investigation to such executive director.
Such institution, school or facility may suspend such staff person. Such suspension shall
be with pay and shall not result in diminution or termination of benefits to such employee.
Such suspension shall remain in effect until the incident of abuse has been satisfactorily
resolved by the employer of the staff person. If such staff member has a professional
license or certificate issued by the state or a permit or authorization issued by the State
Board of Education, the commissioner shall forthwith notify the state agency responsible
for issuing such license, certificate, permit or authorization to the staff member and
provide records, whether or not created by the department, concerning such investigation.
(c) If a school employee or any 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, is convicted of a crime involving an act of child abuse or neglect as
described in section 46b-120 or a violation of section 53-21, 53a-71 or 53a-73a, the
state's attorney for the judicial district in which the conviction occurred shall in writing
notify the superintendent of the school district or the supervisory agent of the nonpublic
school in which the person is employed and the Commissioner of Education of such
conviction.
(d) For the purposes of receiving and making reports, notifying and receiving notification, or investigating, pursuant to the provisions of sections 17a-101a to 17a-101h,
inclusive, and 17a-103, a superintendent of a school district or a supervisory agent of
a nonpublic school may assign a designee to act on such superintendent's or agent's
behalf.
(e) On or before February 1, 1997, each local and regional board of education shall
adopt a written policy regarding the reporting by school employees of suspected child
abuse in accordance with sections 17a-101a to 17a-101d, inclusive, and 17a-103.
(P.A. 96-245, S. 11; P.A. 97-319, S. 14, 22; P.A. 00-220, S. 30, 43; P.A. 01-142, S. 5; 01-173, S. 43, 44, 67; P.A. 03-168, S. 7.)
History: P.A. 97-319 amended Subsecs. (a) and (b) by adding provisions re notification by the commissioner to the
superintendent or executive director of finding of abuse by employee and by adding provisions re disclosure of records,
effective July 1, 1997; P.A. 00-220 amended Subsecs. (a) and (c) to expand the applicability of section to include school
employees who hold permits or authorizations, made conforming and technical changes in Subsec. (a) and added reference
re violation of Sec. 53-21 in Subsec. (c), effective July 1, 2000; P.A. 01-142 amended Subsec. (b) by adding provision re
notification by commissioner of state agency issuing professional license to any staff member of investigation of such staff
member re abuse of child; P.A. 01-173 amended Subsecs. (a) and (d) to make technical changes for purposes of gender
neutrality, effective July 1, 2001; P.A. 03-168 amended Subsec. (b) to expand references to certification to include permits
and authorizations issued by the State Board of Education, effective July 1, 2003.
Sec. 17a-101j. Notification of law enforcement and prosecutorial authorities
when reasonable belief of sexual abuse or serious physical abuse. Notification of
agency responsible for licensure of institution or facility where abuse or neglect
has occurred. Referral of parent or guardian for substance abuse treatment. (a)
After the investigation has been completed and the Commissioner of Children and Families has reasonable cause to believe that sexual abuse or serious physical abuse of a
child has occurred, the commissioner shall notify the appropriate local law enforcement
authority and the Chief State's Attorney or the Chief State's Attorney's designee or the
state's attorney for the judicial district in which the child resides or in which the abuse
or neglect occurred of such belief and shall provide a copy of the report required in
sections 17a-101a to 17a-101c, inclusive, and 17a-103.
(b) Whenever a report has been made pursuant to sections 17a-101a to 17a-101c,
inclusive, and 17a-103, alleging that abuse or neglect has occurred at an institution or
facility that provides care for children and is subject to licensure by the state for the
caring of children, and the Commissioner of Children and Families, after investigation,
has reasonable cause to believe abuse or neglect has occurred, the commissioner shall
forthwith notify the state agency responsible for such licensure of such institution or
facility and provide records, whether or not created by the department, concerning such
investigation.
(c) If, after the investigation is completed, the commissioner determines that a parent or guardian inflicting abuse or neglecting a child is in need of treatment for substance
abuse, the commissioner shall refer such person to appropriate treatment services.
(P.A. 96-246, S. 12; P.A. 97-319, S. 15, 22; P.A. 02-138, S. 16.)
History: P.A. 97-319 amended Subsecs. (a) and (b) by deleting reference to "section 17a-101a" and substituting reference
to reports made under Secs. 17a-101a to 17a-101c, inclusive, and Sec. 17a-103 and made technical changes in Subsecs.
(a) and (b), effective July 1, 1997; P.A. 02-138 amended Subsec. (a) to reposition language and make technical changes,
amended Subsec. (b) to make a technical change and amended Subsec. (c) to replace "the person" with "a parent or
guardian".
See Sec. 17a-715 re pilot research drug education program for parents or guardians of children in neglect cases where
substance abuse is identified as a factor.
Sec. 17a-101k. Registry of reports maintained by Commissioner of Children
and Families. Appeal of Commissioner's determination of abuse. Confidentiality.
Penalty. Disclosure of information to Department of Social Services. (a) The Commissioner of Children and Families shall maintain a registry of the reports received
pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, and shall adopt
regulations to implement the provisions of this section, including the use of the registry
on a twenty-four-hour daily basis to prevent or discover abuse of children and the establishment of a hearing process for any appeal by a person of the commissioner's determination that such person is responsible for the abuse or neglect of a child pursuant to
subsection (b) of section 17a-101g. The information contained in the reports and any
other information relative to child abuse, wherever located, shall be confidential subject
to such statutes and regulations governing their use and access as shall conform to the
requirements of federal law or regulations. Any violation of this section or the regulations adopted by the commissioner under this section shall be punishable by a fine of
not more than one thousand dollars or imprisonment for not more than one year.
(b) Notwithstanding the provisions of subsection (a) of this section, the Commissioner of Children and Families shall disclose to the Commissioner of Social Services,
or his designee, registry information necessary for the evaluation of the temporary family
assistance program operated by the Department of Social Services.
(P.A. 96-246, S. 14; P.A. 97-319, S. 16, 22; June 18 Sp. Sess. P.A. 97-2, S. 142, 165; P.A. 01-142, S. 2.)
History: P.A. 97-319 added reference to reports made under Sec. 17a-101k and made technical change, effective July
1, 1997 (Revisor's note: Existing provisions were designated editorially by the Revisors as Subsec. (a) and section 142 of
June 18 Sp. Sess. P.A. 97-2, effective July 1, 1997, was added editorially as Subsec. (b)); P.A. 01-142 amended Subsec.
(a) by adding provision requiring that regulations to implement section include establishment of hearing process for appeal
by person of determination of commissioner that such person is responsible for the abuse or neglect of child.
See Sec. 17a-6a re criminal history records checks and child abuse registry checks on applicants for positions with
Department of Children and Families.
See Sec. 17a-114 re criminal history records checks and child abuse registry checks on persons sixteen years of age or
older living in households of child placement applicants.
Sec. 17a-101l. Visitation centers. The Commissioner of Children and Families
shall, within available resources, establish visitation centers for the purpose of facilitating visits between children in the custody of the commissioner and those family members
who are subject to supervised visitation. Such center shall provide a secure facility for
supervised visitation or the transfer of custody of such children for visitation.
(P.A. 96-246, S. 26.)
See Sec. 51-6b re identification of additional secure child visitation centers by Chief Court Administrator.
Sec. 17a-102. (Formerly Sec. 17-38b). Report of danger of abuse. Section 17a-102 is repealed.
(P.A. 73-205, S. 2; P.A. 75-420, S. 4, 6; P.A. 77-308, S. 2, 4; 77-614, S. 521, 610; P.A. 79-631, S. 61, 111; P.A. 93-91, S. 1, 2; P.A. 96-246, S. 38.)
Sec. 17a-102a. Education and training for nurses and birthing hospital staff
caring for high-risk newborns re responsibilities as mandated reporters of child
abuse and neglect. Regulations. Definitions. (a) Each birthing hospital shall provide
education and training for nurses and other staff who care for high-risk newborns on
the roles and responsibilities of such nurses and other staff as mandated reporters of
potential child abuse and neglect under section 17a-101.
(b) Not later than October 1, 2002, the Department of Children and Families shall
adopt regulations, in accordance with the provisions of chapter 54, on the procedures
for the principal providers of daily direct care of high-risk newborns in birthing hospitals
to participate in the discharge planning process and ongoing department functions concerning such newborns.
(c) For purposes of this section, "birthing hospital" means a health care facility, as
defined in section 19a-630, operated and maintained in whole or in part for the purpose
of caring for women during delivery of a child and for women and their newborns
following birth, and "high-risk newborn" means any newborn identified as such under
any regulation or policy of the Department of Children and Families.
(P.A. 01-190.)
Sec. 17a-103. (Formerly Sec. 17-38c). Reports by others. False reports. Notification to law enforcement agency. (a) Any mandated reporter acting outside his professional capacity and any other person having reasonable cause to suspect or believe that
any child under the age of eighteen is in danger of being abused, or has been abused or
neglected, as defined in section 46b-120, may cause a written or oral report to be made
to the Commissioner of Children and Families or his representative or a law enforcement
agency. The Commissioner of Children and Families or his representative shall use his
best efforts to obtain the name and address of a person who causes a report to be made
pursuant to this section. In the case of an oral report, such report shall be recorded on
tape and the commissioner or his representative shall announce to the person making
such report that such report is being recorded and shall state the penalty for knowingly
making a false report of child abuse or neglect under subsection (c) of section 17a-101e.
(b) Notwithstanding the provisions of section 17a-101k, if the identity of any such
person who made a report pursuant to subsection (a) of this section is known, and the
commissioner or his representative suspects or knows that such person has knowingly
made a false report, such identity 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 his 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, 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,
he shall, within twenty-four hours of receipt of such report, notify the appropriate law
enforcement agency.
(P.A. 73-205, S. 3; P.A. 75-420, S. 4, 6; P.A. 77-308, S. 3, 4; 77-614, S. 521, 610; P.A. 79-631, S. 62, 111; P.A. 93-91, S. 1, 2; P.A. 96-246, S. 7; P.A. 97-319, S. 17, 22.)
History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-308 referred to
suspicion of abuse or neglect and required report of cases where there is "danger" of abuse or neglect as well as actual
abuse or neglect; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective
January 1, 1979; P.A. 79-631 replaced human resources commissioner with commissioner of children and youth services;
Sec. 17-38c transferred to Sec. 17a-103 in 1991; P.A. 93-91 substituted commissioner and department of children and
families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-246 changed
"shall immediately" to "as defined in section 46b-120, may", deleted language re contents of written or oral report, investigation and immunity and added language requiring Commissioner of Children and Families to use best efforts to obtain
identity of reporters; P.A. 97-319 designated existing section as Subsec. (a) and applied Subsec. (a) to any mandated
reporter acting outside of professional capacity and added new Subsec. (b) re disclosure of name of person who knowingly
made a false report and new Subsec. (c) re modification within twenty-four hours of receipt of report, effective July 1, 1997.
Cited. 26 CA 58, 63.
Sec. 17a-103a. Telephone hotline to receive reports of child abuse or neglect.
The Commissioner of Children and Families shall provide a telephone hotline for child
abuse that shall be dedicated to receive reports of child abuse. Such hotline shall accept
all reports of abuse or neglect regardless of the relationship of the alleged perpetrator
to the child who is the alleged victim and regardless of the alleged perpetrator's affiliation
with any organization or other entity in any capacity. The commissioner shall classify
and evaluate all reports pursuant to the provisions of section 17a-101g.
(P.A. 97-319, S. 20, 22; P.A. 02-138, S. 17.)
History: P.A. 97-319 effective July 1, 1997; P.A. 02-138 required the hotline to accept all reports regardless of the
alleged perpetrator's relationship to the child and the alleged perpetrator's affiliation with any organization or other entity
and required the commissioner to classify and evaluate all reports pursuant to Sec. 17a-101g.
Sec. 17a-103b. Notice to parent or guardian of substantiated complaint of
child abuse. (a) Upon a substantiated complaint of abuse of a child having a single
custodial parent or a guardian, the Department of Children and Families shall give, when
deemed to be in the best interests of the child, to the noncustodial parent, custodial
parent, guardian of the child, and parents if the Department of Children and Families
has custody of a child, notice of (1) the circumstances of the complaint, including the
name of the person who caused the abuse, (2) the availability of services from the department, including, but not limited to, child care subsidies and emergency shelter, and (3)
the programs of the Office of Victim Services and information on obtaining a restraining
order. The notice shall also inform the recipient that such child may be removed from
the custody of the custodial parent by the department if such removal is authorized under
the general statutes. The department shall employ all reasonable efforts to provide the
notice within ten days of substantiation of a complaint.
(b) The notice required under subsection (a) of this section shall be in English or
the principal language of the recipient, if known, and be delivered (1) by certified mail,
return receipt requested, directed to the last-known address of each recipient, or (2)
by an agent of the department. In the case of personal delivery by an agent, written
acknowledgement of such delivery shall be made by the recipient.
(P.A. 98-173; P.A. 99-85.)
History: P.A. 99-85 amended Subsec. (a) to require notice to a parent of a child if the Department of Children and
Families has custody of the child and to require provision of notice within ten days if possible and amended Subsec. (b)
to require the notice to be in English or the principal language of the recipient.
Sec. 17a-103c. Report of abuse or neglect re child committed as delinquent.
Notification. Upon the receipt of a report of suspected abuse or neglect of any child
committed to the Commissioner of Children and Families as delinquent, the Department
of Children and Families shall, no later than ten days after receipt of such report, provide
written notification of such report to the child's legal guardian and the child's attorney
in the delinquency proceeding that resulted in the commitment. If, after investigation,
the department substantiates the reported abuse or neglect, the department shall, no later
than ten days after substantiation of such abuse or neglect, provide written notification
of the substantiated report of abuse or neglect to the child's legal guardian and the child's
attorney in the delinquency proceeding that resulted in the commitment.
(P.A. 02-127, S. 6; P.A. 04-48, S. 1.)
History: P.A. 04-48 required notification re neglect reports.
Sec. 17a-104. (Formerly Sec. 17-38d). Treatment by Christian Science practitioner. For the purposes of sections 17a-101 to 17a-103, inclusive, and section 46b-129a, the treatment of any child by a Christian Science practitioner in lieu of treatment
by a licensed practitioner of the healing arts shall not of itself constitute maltreatment.
(P.A. 73-205, S. 8; P.A. 96-246, S. 27.)
History: Sec. 17-38d transferred to Sec. 17a-104 in 1991; P.A. 96-246 added references to Secs. 17a-101a to 17a-101e,
inclusive, 17a-101f to 17a-101k, inclusive, and 46b-129a.
Cited. 26 CA 58, 63.
Sec. 17a-105. (Formerly Sec. 17-38e). Temporary custody of abused child
upon arrest of parent or guardian. Whenever any person is arrested and charged with
an offense under section 53-20 or 53-21 or under part V, VI or VII of chapter 952, the
victim of which offense was a minor residing with the defendant, any judge of the
Superior Court may, if it appears that the child's condition or circumstances surrounding
the child's case so require and that continuation in the home is contrary to the child's
welfare, issue an order to the Commissioner of Children and Families to assume immediate custody of such child and, if the circumstances so require, any other children residing
with the defendant and to proceed thereon as in cases reported under section 17a-101g.
Upon the issuance of such order, or not later than sixty days after the issuance of such
order, the court shall make a determination whether the Department of Children and
Families made reasonable efforts to keep the child with his or her parents or guardian
prior to the issuance of such order and, if such efforts were not made, whether such
reasonable efforts were not possible, taking into consideration the child's best interests,
including the child's health and safety.
(P.A. 73-205, S. 4; P.A. 74-183, S. 170, 291; 74-251, S. 5; 74-293, S. 4; P.A. 75-420, S. 4, 6; P.A. 76-436, S. 150, 681;
P.A. 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 82-43, S. 5; P.A. 93-91, S. 1, 2; P.A. 96-246, S. 28; May 9
Sp. Sess. P.A. 02-7, S. 33.)
History: P.A. 74-183 deleted reference to 1969 supplement of general statutes and replaced circuit court with court of
common pleas; P.A. 74-251 transferred powers of welfare commissioner to commissioner of children and youth services
as of April 1, 1975; P.A. 74-293 allowed commissioner to take custody of other children residing with defendant; P.A.
75-420 replaced welfare commissioner with commissioner of social services; P.A. 76-436 deleted reference to court of
common pleas and replaced juvenile court with superior court, effective July 1, 1978; P.A. 77-614 and P.A. 78-303
would have replaced social services commissioner with commissioner of human resources but for applicable date (welfare
commissioner should, in fact, have been retained because social services commissioner did not exist on April 1, 1975);
P.A. 82-43 deleted obsolete references to social services commissioner's duties under section; Sec. 17-38e transferred to
Sec. 17a-105 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner
and department of children and youth services, effective July 1, 1993; P.A. 96-246 deleted reference to Subsec. (e) of Sec.
17a-101 and provision re duration of order and added reference to Sec. 17a-101g; May 9 Sp. Sess. P.A. 02-7 added as a
condition of issuing a custody order that it appear "that continuation in the home is contrary to the child's welfare" and
added provision requiring the court upon the issuance of such order, or not later than sixty days thereafter, to make a
determination whether the Department of Children and Families made reasonable efforts to keep the child with his or her
parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts
were not possible considering the best interests of the child, effective August 15, 2002.
Cited. 26 CA 58, 63.
Sec. 17a-105a. Child abuse and neglect unit within Division of State Police to
assist investigation of child abuse and neglect. There shall be within the Division of
State Police within the Department of Public Safety a child abuse and neglect unit which,
within available resources, shall (1) at the request of the Commissioner of Children and
Families or the head of the local law enforcement agency, or such person's designee,
assist a multidisciplinary team established pursuant to section 17a-106a in the investigation of a report of child abuse or neglect, (2) investigate reports of crime involving child
abuse or neglect in municipalities in which there is no organized police force, and (3)
participate in a mutual support network that shares information and collaborates with
local law enforcement agencies.
(P.A. 98-241, S. 17; P.A. 02-138, S. 18.)
History: P.A. 02-138 amended Subdiv. (1) to include a request made by the Commissioner of Children and Families,
replace "such team" with "a multidisciplinary team established pursuant to section 17a-106a" and make a technical change
for purposes of gender neutrality.
Sec. 17a-106. (Formerly Sec. 17-38f). Cooperation in relation to prevention,
identification and investigation of child abuse and neglect. All law enforcement
officials, courts of competent jurisdiction, school personnel and all appropriate state
agencies providing human services in relation to preventing, identifying, and investigating child abuse and neglect shall cooperate toward the prevention, identification and
investigation of child abuse and neglect.
(P.A. 75-384, S. 8, 9; P.A. 83-43; P.A. 96-194, S. 4.)
History: P.A. 83-43 added "school personnel"; Sec. 17-38f transferred to Sec. 17a-106 in 1991; P.A. 96-194 replaced
references to treatment with references to investigation.
See Sec. 17a-47 re duties of legal division of Children and Families Department with regard to child abuse and neglect.
See Sec. 53a-196a re penalty for felony of employing minor in obscene performance.
Cited. 26 CA 58, 63.
Sec. 17a-106a. Multidisciplinary teams. Purpose. Composition. Confidentiality. Records of meetings. (a) The Commissioner of Children and Families, may as
department head of the lead agency, and the appropriate state's attorney establish multidisciplinary teams for the purpose of reviewing particular cases or particular types of
cases or to coordinate the prevention, intervention and treatment in each judicial district
to review selected cases of child abuse or neglect. The purpose of such multidisciplinary
teams is to advance and coordinate the prompt investigation of suspected cases of child
abuse or neglect, to reduce the trauma of any child victim and to ensure the protection
and treatment of the child. The head of the local law enforcement agency or his designee
may request the assistance of the Division of State Police within the Department of
Public Safety for such purposes.
(b) Each multidisciplinary team shall consist of at least one representative of each
of the following: (1) The state's attorney of the judicial district of the team, or his
designee; (2) the Commissioner of Children and Families, or his designee; (3) the head
of the local or state law enforcement agencies, or his designee; (4) a health care professional with substantial experience in the diagnosis and treatment of abused or neglected
children, who shall be designated by the team members; (5) a member, where appropriate, of a youth service bureau; (6) a mental health professional with substantial experience in the treatment of abused or neglected children, who shall be designated by the
team members; and (7) any other appropriate individual with expertise in the welfare
of children that the members of the team deem necessary. Each team shall select a
chairperson. A team may invite experts to participate in the review of any case and may
invite any other individual with particular information germane to the case to participate
in such review, provided the expert or individual shall have the same protection and
obligations under subsections (f) and (g) of this section as members of the team.
(c) The Governor's task force for justice for abused children, through the subcommittee comprised of individuals with expertise in the investigation of child abuse and
neglect, shall: (1) Establish and modify standards to be observed by multidisciplinary
teams; (2) review protocols of the multidisciplinary teams; and (3) monitor and evaluate
multidisciplinary teams and make recommendations for modifications to the system of
multidisciplinary teams.
(d) All criminal investigative work of the multidisciplinary teams shall be undertaken by members of the team who are law enforcement officers and all child protection
investigative work of the teams shall be undertaken by members of the team who represent the Department of Children and Families, provided representatives of the department may coordinate all investigative work and rely upon information generated by the
team. The protocols, procedures and standards of the multidisciplinary teams shall not
supersede the protocols, procedures and standards of the agencies who are on the multidisciplinary team.
(e) Each multidisciplinary team shall have access to and may copy any record,
transcript, document, photograph or other data pertaining to an alleged child victim
within the possession of the Department of Children and Families, any public or private
medical facility or any public or private health professional provided, in the case of
confidential information, the coordinator of the team, or his designee, identifies the
record in writing and certifies, under oath, that the record sought is necessary to investigate child abuse or neglect and that the team will maintain the record as confidential.
No person who provides access to or copies of such record upon delivery of certification
under this section shall be liable to any third party for such action. The multidisciplinary
team shall not be deemed to be a public agency under the Freedom of Information Act.
(f) No person shall disclose information obtained from a meeting of the multidisciplinary team without the consent of the participant of the meeting who provided such
information unless disclosure is ordered by a court of competent jurisdiction or is necessary to comply with the provisions of the Constitution of the state of Connecticut.
(g) Each multidisciplinary team shall maintain records of meetings that include, but
are not limited to, the name of the alleged victim and perpetrator, the names of the
members of the multidisciplinary team and their positions, the decision or recommendation of the team and support services provided. In any proceeding to gain access to such
records or testimony concerning matters discussed at a meeting, the privileges from
disclosure applicable to the information provided by each of the participants at the
meeting shall apply to all participants.
(P.A. 96-246, S. 22; P.A. 98-241, S. 16; P.A. 99-86, S. 1, 2.)
History: P.A. 98-241 amended Subsec. (a) re establishment of multidisciplinary teams by Department of Children and
Families as lead agency and appropriate state's attorney in each judicial district, the purpose of teams and assistance of
Division of State Police and added Subsecs. (b) to (g), inclusive, re members of each multidisciplinary team, the Governor's
task force for justice for abused children, investigatory work of team to be done by members who are law enforcement
officers and child protection investigative work done by Department of Children and Families, access of team to records
of Department of Children and Families and medical records, provided if record confidential, coordinator of team shall
identify record and state record sought is necessary to investigation, nondisclosure of members of information obtained
from meeting and team to maintain records of meeting; P.A. 99-86 amended Subsec. (g) to delete requirement that records
include all information required to render a decision and that such information be provided to all counsel of record, effective
July 1, 1999.
Sec. 17a-106b. Impact of family violence in child abuse cases. (a) The state of
Connecticut finds that family violence can result in abuse and neglect of the children
living in the household where such violence occurs and that the prevention of child
abuse and neglect depends on coordination of domestic violence and child protective
services.
(b) The Commissioner of Children and Families may consider the existence and
the impact of family violence in any child abuse investigation and may assist family
members in obtaining protection from family violence.
(P.A. 96-246, S, 24.)
Sec. 17a-106c. Family Violence Coordinating Council. Members. Responsibilities. (a) There shall be a Family Violence Coordinating Council to increase awareness and understanding of family violence and its consequences and to reduce the incidence of family violence within the state. The council shall consist of the Attorney
General, the Commissioner of Children and Families, the Chief State's Attorney, the
Chief Court Administrator, the Commissioner of Public Health, the Commissioner of
Public Safety, the executive director of the Connecticut Police Chief's Association, the
executive director of the Connecticut Council on Domestic Violence, or their designees,
the chairmen and ranking members of the committee on judiciary, or their designees,
and six public members, one each of whom shall be appointed by the following: The
president pro tempore of the Senate, the speaker of the House of Representatives and
the majority and minority leaders of the House of Representatives and the Senate.
(b) The responsibility of the council shall include, but not be limited to: (1) Identifying and evaluating existing services available to address family violence; (2) identifying and promoting legislation, services and resources to prevent and address family
violence; (3) studying court services and procedures relating to family violence; (4)
studying law enforcement procedures and protocol related to family violence; (5) reviewing criminal justice data collection and analysis of family violence; (6) ensuring
coordination of all agencies, organizations and the courts involved in family violence
prevention and treatment; (7) developing and promoting multidisciplinary training programs; (8) promoting effective prevention, intervention and treatment techniques; (9)
recommending treatment programs and standards to the relevant state agencies and other
service providers; (10) promoting the organization of local councils on family violence;
and (11) providing assistance and support to established local councils and increasing
public awareness and support for family violence services and resources.
(c) Nothing contained in this section shall be construed as providing the council
with authority or responsibility vested in another state or local agency or as a limitation
upon the power or authority of the state or its agencies to seek administrative, legal or
equitable relief as provided by law.
(P.A. 96-246, S. 25.)
Sec. 17a-107. (Formerly Sec. 17-38g). Regulations on reports of child abuse.
On or before February 1, 1987, the Commissioner of Youth Services shall adopt such
regulations, in accordance with the provisions of chapter 54, as are necessary to carry
out the provisions of subsection (e) of section 17a-101.
(P.A. 86-337, S. 11.)
History: Sec. 17-38g transferred to Sec. 17a-107 in 1991.
Cited. 26 CA 58, 63.
Sec. 17a-108. (Formerly Sec. 17-38h). Financial assistance for programs
which monitor child abuse and neglect cases. The Judicial Department may provide
financial assistance, within available appropriations, to programs which monitor cases
of child abuse and neglect.
(P.A. 87-328, S. 1, 2; 87-589, S. 77, 87.)
History: P.A. 87-589 deleted reference to programs which provide individual and family counseling services and job
and housing placement services; Sec. 17-38h transferred to Sec. 17a-108 in 1991.
Cited. 26 CA 58, 63.
Sec. 17a-109. (Formerly Sec. 17-39). Commitment of children to child-caring
facilities. When, because of the mental or physical condition of any child committed
to the Commissioner of Children and Families under the provisions of section 46b-129,
or because of a behavior problem, such child cannot be satisfactorily cared for in a foster
home, said commissioner may bring a petition to the court which committed such child
for the commitment of such child to a suitable child-caring facility, and, upon being
satisfied that such commitment is in the best interest of such child, such court shall
commit such child to such an institution.
(1949 Rev., S. 2636; P.A. 74-251, S. 7; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 63, 111; P.A.
93-91, S. 1, 2; P.A. 96-194, S. 5.)
History: P.A. 74-251 included commissioner of children and youth services; P.A. 75-420 replaced welfare commissioner
with commissioner of social services; P.A. 77-614 replaced social services commissioner with commissioner of human
resources, effective January 1, 1979; P.A. 79-631 deleted reference to commissioner of human resources; Sec. 17-39
transferred to Sec. 17a-109 in 1991; P.A. 93-91 substituted commissioner and department of children and families for
commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-194 replaced "institution"
with "facility".
Annotation to former section 17-39:
Cited. 33 CS 194.
Annotation to present section:
Cited. 26 CA 58, 63.
Sec. 17a-110. (Formerly Sec. 17-39a). Permanency planning for children. Definitions. Procedure after commitment hearing. Regulations. Central registry. Duties of commissioner. (a) As used in this section, "child" means a person under the age
of eighteen years; "foster child" means a child placed temporarily in a home, pending
permanent placement; "permanent home" means a home for a child with the child's
genetic or adoptive parents considered to be such child's permanent residence; and
"permanency placement services" means services that are designed and rendered for
the purpose of relocating a foster child with such child's legal family or finding a permanent home for such child, including, but not limited to, the following: (1) Treatment
services for the child and the genetic family; (2) preplacement planning; (3) appropriate
court proceedings to effect permanent placement, including, but not limited to, the following: (A) Termination of parental rights; (B) revocation of commitment; (C) removal
or reinstatement of guardianship; (D) temporary custody; (4) recruitment and screening
of permanent placement homes; (5) home study and evaluation of permanent placement
homes; (6) placement of children in permanent homes; (7) postplacement supervision
and services to such homes following finalization of such placements in the courts;
and (8) other services routinely performed by caseworkers doing similar work in the
Department of Children and Families.
(b) At a hearing held in accordance with subsection (k) of section 46b-129 and
section 17a-111b, the court shall determine the appropriateness of continuing efforts to
reunify a child with the child's family. If the court finds that such efforts are not appropriate, the Department of Children and Families shall within sixty days of such finding
either (1) file a petition for the termination of parental rights, (2) file a motion to revoke
the commitment and vest the custody and guardianship of the child on a permanent or
long-term basis in an appropriate individual or couple, or (3) file a written permanency
plan with the court for permanent or long-term foster care, which plan shall include an
explanation of the reason that neither termination of parental rights nor custody and
guardianship is appropriate for the child. The court shall promptly convene a hearing
for the purpose of reviewing such written plan. When the court finds that the efforts to
reunify a child with the child's family are not appropriate, the department shall use its
best efforts to maintain such child in the initial out-of-home placement, provided the
department determines that such placement is in the best interests of the child, until such
time as a permanent home for the child is found or the child is placed for adoption. If
the permanency plan calls for placing the child for adoption or in some other permanent
home, good faith efforts shall be made to place the child for adoption or in some other
alternative home.
(c) Not later than January 1, 2000, the Department of Children and Families shall
adopt regulations in accordance with chapter 54 to establish standards for permanency
plans which shall include, but not be limited to: (1) Assessment of kin, foster parents
or other potential adoptive parents for adopting a child; (2) preparing children for adoption; (3) collaboration between family foster care services and adoption services; (4)
transracial and cross-racial adoption; (5) open adoption; and (6) foster care and adoption
subsidies.
(d) Not later than January 1, 2000, the Department of Children and Families shall,
within available appropriations, establish and maintain (1) a central registry of all children for whom a permanency plan has been formulated and in which adoption is recommended, and (2) a system to monitor the progress in implementing the permanency plan
for such children.
(e) Whenever the Commissioner of Children and Families deems it necessary or
advisable in order to carry out the purposes of this section, the commissioner may contract with any private child-placing agency, as defined in section 45a-707, for a term of
not less than three years and not more than five years, to provide any one or more
permanency placement services on behalf of the Department of Children and Families.
Whenever any contract is entered into under this section which requires private agencies
to perform casework services, such as the preparation of applications and petitions for
termination of parental rights, guardianship or other custodial matters, or which requires
court appearances, the Attorney General shall provide legal services for the Commissioner of Children and Families notwithstanding that some of the services have been
performed by caseworkers of private agencies, except that no such legal services shall
be provided unless the Commissioner of Children and Families is a legal party to any
court action hereunder.
(f) The Commissioner of Children and Families may accept funds from any source
to implement the provisions of this section.
(P.A. 80-319, S. 1-3; P.A. 93-91, S. 1, 2; P.A. 95-238, S. 2; P.A. 96-130, S. 38; P.A. 98-241, S. 12; June Sp. Sess. P.A.
98-1, S. 113, 121; P.A. 99-166, S. 1; P.A. 03-243, S. 13.)
History: Sec. 17-39a transferred to Sec. 17a-110 in 1991; P.A. 93-91 substituted commissioner and department of
children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-238 inserted new Subsec. (b) re procedure upon court's finding that family reunification is inappropriate, relettering former
Subsec. (b) as (c); P.A. 96-130 amended Subsec. (c) by changing reference to "he" to "the Commissioner of Children and
Families" and deleted reference to "subsection (b)" of Sec. 45a-707; P.A. 98-241 amended Subsec. (b) by deleting reference
to Subsec. (e) of Sec. 46b-129; June Sp. Sess. P.A. 98-1 made technical changes in Subsec. (b), effective July 1, 1998;
P.A. 99-166 amended Subsec. (b) re good faith efforts to place child for adoption or in some other alternative home, added
Subsecs. (c) and (d) requiring regulations on or before January 1, 2000, to establish standards for permanency plans and
requiring department to establish and maintain central registry, within available appropriations, not later than January 1,
2000, for children for whom adoption is recommended, and amended Subsec. (e) re contract by commissioner with private
child-placing agency for term not less than three years nor more than five years; P.A. 03-243 added requirement in Subsec.
(b) that department use best efforts to maintain child in initial out-of-home placement until permanent home for child is
found and added new Subsec. (f) re commissioner's authority to accept funds from any source to implement provisions
of section.
Cited. 26 CA 58, 63.
Cited. 44 CS 551. P.A. 95-238 Sec. 2(b) cited. Id.