Connecticut Seal

General Assembly

Amendment

 

February Session, 2018

LCO No. 5523

   
 

*HB0533405523HDO*

Offered by:

 

REP. FLEISCHMANN, 18th Dist.

REP. LINEHAN, 103rd Dist.

REP. LAVIELLE, 143rd Dist.

REP. SAMPSON, 80th Dist.

REP. FISHBEIN, 90th Dist.

REP. CURREY, 11th Dist.

REP. REBIMBAS, 70th Dist.

SEN. BOUCHER, 26th Dist.

To: Subst. House Bill No. 5334

File No. 126

Cal. No. 101

"AN ACT CONCERNING NOTIFICATION BY CONTRACTORS TO SUPERINTENDENTS OF SCHOOLS REGARDING INCIDENTS OF ARREST BY EMPLOYEES."

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Subsection (d) of section 17a-101b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(d) Whenever a mandated reporter, as described in section 17a-101, has reasonable cause to suspect or believe that any child has been abused or neglected by a staff member [of the staff] of a public or private institution or facility that provides care for such child, or [a public or private school] by a school employee, as defined in section 53a-65, 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 principal, headmaster, executive director or other person in charge of such institution, facility or school, or the person's designee, that employs such staff member or school employee or for whom the governing authority of such institution, facility or school has a contract with a contractor that employs such school employee, unless such [person] staff member or school employee is the alleged perpetrator of the abuse or neglect of such child. In the case of a public school, the commissioner shall also notify the [person's employing] superintendent of schools for the local or regional board of education that employs such school employee or has a contract with a contractor that employs such school employee. Such person in charge, or such person's designee, or such superintendent shall then immediately notify the child's parent or other person responsible for the child's care that a report has been made. Such person in charge, or such person's designee, or such superintendent may notify the contractor that employs such school employee that a report has been made.

Sec. 2. Subsection (a) of section 17a-101g of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(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. A report classified by the commissioner, or the commissioner's designee, as lower risk may be referred for family assessment and services pursuant to subsection (g) of this section. Any such report may thereafter be referred for standard child protective services if safety concerns for the child become evident. A report referred for standard child protective services may be referred for family assessment and services at any time if the department determines there is a lower risk to the child. On and after July 1, 2019, as part of any investigation, the commissioner shall determine whether the alleged perpetrator is a school employee, as defined in section 53a-65, and, if so, whether such school employee is employed by a contractor who has a contract with a local or regional board of education or the governing authority of a private school or public or private institution or facility that provides care for a child. If the alleged perpetrator is a school employee, as defined in section 53a-65, employed by a local or regional board of education, or is employed by an institution or facility licensed or approved by the state to provide care for children, the department shall notify the superintendent of schools for such local or regional board of education, the Department of Education or the state agency that has issued such license or approval to the institution or facility of the report and the commencement of an investigation by the [Commissioner of Children and Families] commissioner. If the alleged perpetrator is a school employee employed by a private school, the department shall notify the principal, headmaster, executive director or other person in charge, or such person's designee, of such private school of the report and the commencement of an investigation. If the alleged perpetrator is a school employee employed by a contractor who has a contract with a local or regional board of education or the governing authority of a private school or public or private institution or facility that provides care for a child, the department shall notify the superintendent, principal, headmaster, executive director or other person in charge, or such person's designee, of such private school, institution or facility of the report and the commencement of an investigation. The department shall complete any such investigation not later than forty-five calendar days after the date 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] commissioner 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.

Sec. 3. Subsection (a) of section 17a-101i of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) Notwithstanding any provision of the general statutes, not later than five working days after an investigation of a report that a child has been abused or neglected by a school employee, as defined in section 53a-65, or that a person is a victim, as described in subdivision (2) of subsection (a) of section 17a-101a, of a school employee has been completed, the Commissioner of Children and Families shall notify (1) the [employing] superintendent of schools for the local or regional board of education that employs such school employee or has a contract with a contractor that employs such school employee, (2) the principal, headmaster, executive director or other person in charge, or such person's designee, of a private school or public or private institution or facility that provides care for a child that employs such school employee or for whom the governing authority of such institution, facility or school has a contract with a contractor that employs such school employee, and (3) the Commissioner of Education, of the results of such investigation, and shall provide records, whether or not created by the department as allowable by law, concerning such investigation to [the] such superintendent, principal, headmaster, executive director, person in charge, or such person's designee, and the Commissioner of Education. The Commissioner of Children and Families shall provide such notice whether or not the child or victim was a student in the employing school, [or] school district, [. If] institution or educational facility. Such superintendent, principal, headmaster, executive director or person in charge, or such person's designee, may, upon the receipt of written authorization of such school employee, notify a contractor that employs such school employee of the results of such investigation. In the case of a school employee employed by a local or regional board of education, if the Commissioner of Children and Families, based upon the results of the investigation, has reasonable cause to believe that [(1)] (A) (i) a child has been abused or neglected, as described in section 46b-120, by such school employee, and [(B)] (ii) the commissioner recommends such school employee be placed on the child abuse and neglect registry established pursuant to section 17a-101k, or [(2)] (B) a person is a victim, as described in subdivision (2) of subsection (a) of section 17a-101a, of such school employee, the superintendent 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. Not later than 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, or such certified school employee resigns such employment, the superintendent shall notify the Commissioner of Education, or the commissioner's representative, within seventy-two hours after such termination or resignation. Upon receipt of such notice from the superintendent, the Commissioner of Education may commence certification revocation proceedings pursuant to the provisions of subsection (i) 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. No local or regional board of education shall employ a person whose employment contract is terminated or who resigned from employment following a suspension pursuant to the provisions of this subsection if such person is convicted of a crime involving an act of child abuse or neglect as described in section 46b-120 or a violation of section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a against any person who is being educated by the Technical Education and Career System or a local or regional board of education, other than as part of an adult education program."

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2018

17a-101b(d)

Sec. 2

October 1, 2018

17a-101g(a)

Sec. 3

October 1, 2018

17a-101i(a)