CONNECTICUT

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WHO:        Anyone MAY report reasonably suspected child abuse or neglect, as may mandated reporters acting outside of their professional capacity.  [Gen. Stat. § 17a-103]

These are mandatory (MUST report or cause a report to be made): • Physicians, surgeons, residents, interns, nurses, medical examiners, dentists, dental hygienists, optometrists, chiropractors, podiatrists, physician assistants, pharmacists, or physical therapists • Psychologists or other mental health professionals • School employees: Teachers, substitute teachers, school administrators, school superintendents, guidance counselors, psychologists, social workers, nurses, physicians, school paraprofessionals, or coaches employed by a local or regional board of education or a private elementary, middle, or high school or any other person who, in performing duties, has regular contact with students • Social workers • Police officers, juvenile or adult probation officers, or parole officers • Clergy members • Alcohol and drug counselors, marital & family therapists, professional counselors, sexual assault counselors, or domestic violence counselors • Licensed foster parents • Licensed behavior analysts • Emergency medical services providers • Any person paid to care for a child in any public or private facility, child daycare center, group daycare home, or family daycare home that is licensed by the State • Employees of the Department of Children & Families (DCF), the Department of Public Health, and the Office of Early Childhood who are responsible for licensing child daycare centers, group daycare homes, family daycare homes, or youth camps • The Child Advocate and any employee of his/her Office • Family relations counselor trainees or family services supervisors employed by the Judicial Department.  [Gen. Stat. §§ 17a-101; 53a-65]

·       NOTE: The mandate is limited to observations made in the ordinary course of work.

·       STANDARD: [Gen. Stat. § 17a-101a; -103; 46b-120]   Child means under age 18 and not legally emancipated.

                              (1)      For most mandatory reporters: in the ordinary course of work, has reasonable cause to know or suspect that a child has: (a) been abused or neglected; or (b) a nonaccidental physical injury that is at variance with the account given; or (c) been placed at imminent risk of serious harm.  

o   BELIEF: A mandated reporter’s suspicion or belief may rely on: observations; allegations; facts; or statements by a child, victim, or third party. It does NOT require certainty or probable cause.

                              (2)      For any school employee: in the ordinary course of work, the same standard as for other mandatory reporters but further includes: reasonable cause to suspect or believe that (d) any student in a technical high school or local or regional board of education (except in adult education), has been abused by a school employee. 

                              (3)      For other reporters (including mandatory reporters outside of their mandates): reasonable cause to suspect or believe that any child is in danger of being abused, or has been abused or neglected.

·       PRIVILEGE: (1) Privilege is suspended for confidentiality with psychologists, physicians, marital and family therapists, social workers, professional counselors, and educational professions. (2) The laws are in conflict here for clergy-penitent privilege, and for counselor-counselee privilege for battered women and sexual assault.  [https://www.cga.ct.gov/2002/rpt/2002-R-0528.htm]  (3) Lawyers are not mandated categorically and attorney-client privilege appears intact.

WHEN:      For mandated reporters:  oral report within 12 HOURS; follow-up written report within 48 HOURS after that.  [Gen. Stat. §§ 17a-101a; 17a-101b; 17a-101c; 17a-101h]

WHERE & HOW:   [Gen. Stat. §§ 17a-101a; 17a-101b; 17a-101c; 17a-101h] 

·       Usually for mandated reporters: (1) initial oral report by phone or in person, to (a) the hotline, (b) Department of Children and Families (DCF), OR (c) a law enforcement agency; and (2) follow up with a written report to DCF.   [Gen. Stat. § 17a-101b]

·       Mandated reporters on staff of a public or private institution or facility that provides care for the child OR public or private school: have the same protocol but must also submit a COPY of the written report, to whomever is in charge of that organization.

·       Reporters with no mandate or acting outside their mandate: may make an oral OR written report to any of (a) the hotline (oral), (b) DCF, or (c) a law enforcement agency.

·       SUSPICIOUS DEATH: Reporting is to local law enforcement.  [Gen. Stat. § 17a-101b] 

·       In the event of imminent danger:                      Dial 911; report afterward

Connecticut does not officially advise this but others do and it is ordinary practice there.

·       Connecticut DCF’s CareLine:    1 (800) 842-2288  [TDD phones, 1 (800) 624-5518]

For more info:  https://portal.ct.gov/DCF/1-DCF/Reporting-Child-Abuse-and-Neglect 

The CareLine operates 24/7. All calls are recorded.

·       Connecticut DCF directory: see: https://portal.ct.gov/DCF/1-DCF/Contact-Us

·       Connecticut law enforcement directory: see: https://www.usacops.com/ct/

·       Form DCF-136 for written reports (downloadable, fillable PDF) is sent to the relevant area office; the form lists 15 offices with street address, phone, TDD, and fax info: see

https://portal.ct.gov/-/media/DCF/Policy/NEW-fillin-Forms/dcf-136-Fillin-O.pdf?la=en 

·       REPORT DETAILS: Mandated oral and written reports must provide, if known: (a) names and addresses of the child and his/her parents or others responsible for care; (b) child’s age and gender; (c) nature and extent of injuries, maltreatment, or neglect; (d) approximate date and time of the harms; (e) any info on previous harms to the child or siblings; (f) how the reporter learned of the situation; (g) suspected abuser’s name; (h) reasons for suspecting him/her; (i) info on prior cases in which s/he was suspected of harming a child; and (j) any action taken to assist the child (treatment, shelter, etc.).  [Gen. Stat. § 17a-101d]  Form DCF-136 also asks: (k) the child’s race; (l) parents or other persons responsible phone number; (m) suspected perpetrator’s address and phone number, if known; (n) suspected perpetrator’s relationship to the child; (o) names and ages of the child’s siblings, if known; (p) reporter’s name, agency, phone, agency address, city, position, and race.

·       REPORTER PROTECTION: (1) Reporters may withhold their names, but DCF uses best efforts to obtain them and their addresses.  [Gen. Stat. §§ 17a-101d; 17a-103]  (2) The reporter names are confidential by request or if DCF determines that disclosure may be detrimental to reporter safety or interests; but statutory exceptions exist for DCF, investigators, prosecutors, courts, licensing, and academic administrators.  [Gen. Stat. § 17a-28(f)]  (3) Reporters in good faith are immune from civil and criminal liability unless the reporter perpetrated or caused the abuse or neglect; also, medical malpractice is not immunized.  [Gen. Stat. § 17a-101e(b)] 

WHY:        (1) Failure to make a mandated report or be timely for it is a class A misdemeanor; but is class E if it is: (1a) a repeat offense; (1b) willful, intentional, or grossly negligent; or (1c) the person knew of the abuse or neglect. (2) Intentional, unreasonable interference with mandated reports, or attempts or conspiracy to do so, is a class D felony, but minors and other students (technical and regional non-adult-education) are exempt from this rule. Violators of (1) and (2) must participate in an educational or training program. (3) Employer retaliation for a report is punishable by civil penalties < $2,500 and other equitable relief.  [As to (1)-(3) above: Gen. Stat. §§ 17a-101a; -101e(a)]  (4) Knowingly false reports are punishable by < 1 year imprisonment and/or a fine of < $2,000.  [Gen. Stat. § 17a-101e(c)-(d)] 

WHAT:      Connecticut defines when children are neglected (abandonment, non-provision, or injurious conditions), abused (non-accidental or implausible physical injuries; malnutrition, sexual abuse/exploitation, deprivation, emotional abuse, or cruel punishment) or uncared for (homelessness, inability to provide specialized care, or trafficking).  [Gen. Stat. § 46b-120]  

Initial Screening Criteria (DCF): Urgency: (a) For a child who is at imminent risk of physical harm or has another emergency, staff act within 2 hours. (b) If the alleged perpetrator is someone responsible for the child’s health, welfare, or care OR has access to the child OR entrusted with the child’s care, staff act immediately (< 72 hours). (c) For all other reports, staff act within 72 hours.  [Gen. Stat. § 17a-101g]  BUT: (d) For any oral report alleging sexual abuse or serious physical abuse or serious neglect, DCF must report to the appropriate state or local law enforcement agency within 12 hours.  [https://portal.ct.gov/DCF/1-DCF/Reporting-Child-Abuse-and-Neglect]

Reportable: The statutes list perpetrator types indirectly.  [Gen. Stat. § 46b-120(4),(5),(6)]  DCF identifies responsible persons as (i) the person responsible for the child’s health, welfare or care; (ii) person given access; or (iii) person entrusted with the child’s care.  [https://portal.ct.gov/DCF/1-DCF/Child-Abuse-and-Neglect-Definitions]

                     (1)     Implicitly anyone who is responsible for – or controls – the child’s welfare is reportable if suspected of: (a) any NEGLECT (abandonment, non-provision, or injurious conditions) during their watch; (b) any ABUSE that includes malnutrition or deprivation of necessities, or cruel punishment; or (c) being unable to provide [needed] specialized care for their UNCARED-FOR child. 

                    (2)      Implicitly anyone is reportable for: (a) ABUSE (physical, sexual abuse / exploitation, or emotional abuse); or (b) an UNCARED-FOR child being homeless or trafficked.

Neglect is by a person responsible for the child's health, welfare or care, or who has access to the child or is entrusted with his/her care. It involves any of: (a) abandonment; (b) denial of proper physical, educational, emotional, or moral care and attention; or (c) permitting a child to live in injurious conditions. It may occur by action or inaction.  [Gen. Stat. § 46b-120(4); https://portal.ct.gov/DCF/1-DCF/Child-Abuse-and-Neglect-Definitions]  

(A)     Abandonment means a parent's failure to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child. “Maintain” means continuing, not merely sporadic.  [In re Sydnei V., 168 Conn. App. 538, 548, 147 A.3d 147 (2016)]

(B)     Physical neglect: EXAMPLES: (a) inadequate food; (b) malnutrition; (c) inadequate clothing; (d) inadequate housing or shelter; (d) erratic, deviant, or impaired care; (e) action/inaction resulting in death; (f) abandonment; (f) action/inaction resulting in failure to thrive; (g) transience; (h) inadequate supervision (child alone or not well monitored for an excessive duration at his/her age and stage of development); and (i) holding the child responsible for care of siblings beyond his/her ability.

(C)    Medical neglect is failure, refusal, or needless delay in getting necessary medical, dental or mental health care. EXAMPLES are: (a) frequently missed appointments; and (b) lack of diligence for life-threatening, acute or chronic conditions.

(D)    Educational neglect means that a parent or other person with control of a child age 5 or older and under age 18 who is not a high school graduate: (a) fails to enroll the child; (b) fails to allow the child to attend school or receive home instruction required by law; and/or (c) fails to ensure the child attends school regularly if enrolled.

(1)     EXCEPTION: Treatment by an accredited Christian Science practitioner in lieu of medical care, is NOT medical neglect.  [Gen. Stat. § 46b-120(6)]

(E)     Emotional neglect is denial of proper care and attention, or failure to respond, where it affects a child negatively or seriously interferes with his/her emotional development. EXAMPLES include expectations that are inappropriate for the child's developmental level; and lack of supportiveness, attentiveness, and affection. INDICATORS in the child are the same as for emotional maltreatment below: (a) depression; (b) withdrawal; (c) low self-esteem; (d) anxiety; (e) fear; (f) aggression or passivity; (g) emotional instability; (h) sleep disturbances; (i) health complaints with no medical basis; (j)  behavior inappropriate for the age or stage of development; (k) suicidal thoughts; (l) extreme dependence; (m) academic regression; and/or (n) trust issues.

(F)     Moral neglect means exposing, allowing, or encouraging the child to engage in illegal or reprehensible activities by the person responsible for the child’s health, welfare or care or person given access or person entrusted with the child’s care. EXAMPLES of activities to avoid include: (a) stealing; (b) using drugs and/or alcohol; and (c) involving a child in committing a crime, directly or by caregiver indifference.

(G)    Permitting a child to live in injurious conditions. EXAMPLES include: (a) caregiver substance abuse [because it affects the caregiver’s example, mood or ability]; (b) prenatal substance abuse; (b) caregiver psychiatric problems; (c) witnessing family violence; (d) witnessing other violence that might affect a child’s safety; (e)  non-accidental, negligent exposure to drug trafficking and/or substance abuse; (f) voluntarily, knowingly using disqualified caregivers, e.g., sex offenders and persons subject to restraining orders; (g) non-accidental or negligent exposure to porn or sexual acts; (h) inability to provide adequate childcare consistently; or (i) inability to provide a safe environment.

Abuse inflicts any of (1) physical or nonaccidental injuries; (2) injuries inconsistent with the history (account) given of them; and or (3) maltreatment resulting in (a) malnutrition, (b) sexual molestation or exploitation; (c) deprivation of necessities, (d) emotional maltreatment, or (e) cruel punishment.  [Gen. Stat. § 46b-120(5);          https://portal.ct.gov/DCF/1-DCF/Child-Abuse-and-Neglect-Definitions]  

(A)     Physical abuse includes: (a) excessive physical punishment; (b) bruises, scratches, lacerations; (c) burns and/or scalds by fire, chemicals, cigarettes, matches, electricity, scalding water, friction, etc.; (d) bone fractures, dislocations, sprains, strains, displacements, hematomas, etc.; (e) head injuries; (f) internal injuries; (g) death; (h) misuse of medical treatments or therapies. 

(1)     DOMESTIC VIOLENCE: Connecticut forbids exposure of a child under age 16 to domestic violence against others in the home, if it risks physical or moral harm to the child.  [Gen. Stat. § 53-21]

(B)     Malnutrition means medically diagnosed malnutrition by an established caregiver;

(C)     Sexual abuse / exploitation non-accidentally exposes the child to sexual conduct.

(1)     SEXUAL ABUSE includes any of: (a) rape; (b) penetration by a finger, penis or foreign object; (c) oral / genital contact; (d) indecent exposure for the offender’s sexual gratification, or to shame, humiliate, shock, or control the victim; (e) incest; (f) fondling, including kissing, for the same reasons; (g) a sexually transmitted disease or condition; and (h) other verbal, written or physical behavior that is not overtly sexual but designed to “groom” a child for future sexual abuse.

(2)     SEXUAL EXPLOITATION of a child includes: (a) to possess, manufacture, or distribute child porn; (b) online enticement for sexual acts; (c) child prostitution; (d) child-sex tourism; (e) sending unsolicited obscene material; (f) a misleading domain name likely to attract  a child to an inappropriate website; and (g) coerced or forced participation in, or negligent exposure to, porn and/or sexual behavior.

(3)     CONTEXT: INCEST is marriage or (impliedly opposite-sex) intercourse with one’s: parent or stepparent, grandparent, child or stepchild, grandchild, sibling, aunt or uncle, or niece or nephew.  [Gen. Stat. §§ 53a-72a(a)(2),(b); 46b-21]  

(4)     CONTEXT: THE AGE OF CONSENT is 16. (a) Children age 13, 14, or 15 may consent to a person no more than 3 years older. (b) There is NO consent if the child has a mental disability or disease is physically helpless. (c) The age of consent is 18 to a guardian or others responsible for the child’s welfare. (d) There is NO consent to someone with supervisory or disciplinary authority over the child in a hospital or other institution or to a psychotherapist in sessions, or by a patient or former patient if emotionally dependent, or by therapeutic deception. (f) There is NO consent to sex by deceptive health care. (g) There is NO consent to: (i) an employee of the child’s school; (ii) the child’s coach; (iii) a professional age 20 or more in a position of power, authority or supervision over the child; or (iv) someone with supervisory or disciplinary authority over child for the Commissioner of Developmental Services  [Gen. Stat. § 53a-71]

(D)    Deprivation of necessities means to the point of harm to the child.   

(E)     Emotional maltreatment includes rejecting, degrading, brutal or intimidating acts or statements, and isolating and/or victimizing a child by cruel, unusual, or excessive disciplinary methods. Indicators may include: (a) depression; (b) withdrawal; (c) low self-esteem; (d) anxiety; (e) fear; (f) aggression or passivity; (g) emotional instability; (h) sleep disturbances; (i) health complaints with no medical basis; (j) behavior inappropriate for the age or stage of development; (k) suicidal thoughts; (l) extreme dependence; (m) academic regression; and/or (n) trust issues.             

(F)     Cruel punishment is not defined. In other jurisdictions it is often defined to include: physical brutality; confinement in close quarters; tying or tethering the child; degrading punishments (e.g., being forced to eat dog food from a dog bowl); etc.

Uncared-for children include those who are: (a) homeless; or (b) in a home that cannot provide [needed] specialized care required for the child’s physical, emotional, or mental condition; and/or (c) trafficking victims.  [Gen. Stat. § 46b-120(6)]  

(A)     Trafficking means any act to: (a) recruit, abduct, transport, harbor, transfer, sell or receive persons (b) within national or across international borders, by (c) force, coercion, fraud or deception, to (d) place them into slavery or slavery-like conditions, forced labor or services, such as forced prostitution or sexual services, domestic servitude, bonded sweatshop labor or other debt bondage.  [Gen Stat. §46a-170(i)]