CONNECTICUT LAW:
MANDATED REPORTING OF CHILD ABUSE AND NEGLECT
Under Connecticut statutes all social workers are mandated reporters of suspected abuse and neglect of children, the elderly and persons with mental retardation. The law and reporting process varies for each of these populations so social workers are advised to familiarize oneself with the specifics of each law. In addition, as of October 1, 2002, the child reporting statute has been revised, with the changes noted in this article in bold print.
Sections:
- Child Abuse and Neglect: – This law applies to all children under the age of eighteen years.
- Elderly Abuse, Neglect, Exploitation and Abandonment: – This law applies to any person aged 60 or older.
- Abuse or Neglect of Person’s with Mental Retardation: – This law applies to all persons with mental retardation.
Child Abuse and Neglect:
This law applies to all children under the age of eighteen years.Under Connecticut Statutes all social workers are mandated reporters of suspected abuse and neglect of children. As of October 1, 2013, the child reporting statutes have been revised, with the changes noted in the article in bold print.
Any social worker that during the ordinary course of such person’s employment or profession has reasonable cause to believe that a child has been abused, neglected, has had a non-accidental physical injury or injury at variance with the explanation for it, or is at imminent risk of harm, must report that information to the Department of Children and Families. The previous law was narrower in that it required reporting by mandated reporters in their “professional capacity” whereas now mandated reporters are required both through their employment and as a member of the profession, the latter of which social workers are at all times.
The relationship of the suspected perpertrator to the child does not matter. Anyone who is suspected of abuse or neglect or placing a child in imminent risk is to be reported. Under the old law only persons responsible for the child’s health, welfare, or care or a person given access to the child by the responsible person had to be reported.
As soon as practicable, but not later than 12 hours after forming a reasonable belief of abuse, neglect, or imminent risk of serious harm the mandated reporter must make an oral report to DCF or local police. To report to DCF call the Child Abuse and Neglect Hotline at 1-800-842-2288. The old law required reporting within 24 hours.
In cases where a staff or faculty member is alledged to have abused or neglected a child in the institution’s care DCF must notify the head of the public or private institution except if the head of the institution is the alleged perpertrator. The old law required that the mandated reporter make this notification.
The penalty for failure to report is a class A misdemeanor, punishiable by imprisonment for up to one year, a fine of up to $2,000 or both, and a requirement that the mandated reporter attend a class on mandated reporting to be funded through participant fees. Previously the fine was between $500 and $2,500 only. Anyone found to have intentionally and unreasonably interfere with or prevented a person who is a mandated reporter from carrying out the duty to report will be considered to have made risk of injury to a child, a Class D felony, punishable by up to five years in prison, a fine up to $5,000 or both.
In addition, a school social worker that is found guilty of not reporting as required will be reported to the Commissioner of Education and may have their certification revoked.
This issue of a sexual relationship involving a minor has been a controversial issue as to when it is reportable. DCF has taken the position that a mandated reporter is obligated to report any sexual relations involving a minor under the age of 13 and sexual relations between a minor under the age of 16 and a person over the age of 21 years regardless of whether there are any other facts known to the mandated reporter. On the other hand a mandated reporter need not automatically report consensual sexual relations between two minors who are 13 years of age or older and who are within 2 years of each other unless the reporter has other facts to provide realsonable cause to suspect that child abuse or neglect has occurred (emphasis added). NASW/CT supports the interpretation of DCF regarding such circumstances and the Attorney General’s office too, considers DCF’s interpretation to be a reasonable one. It must be noted here however that the state’s attorneys and Chief State’s Attorney have taken a differing view, believing that even consensual sex where there does not appear to be abuse involved is reportable dispite the fact that such reporting would have a chilling effect on minors seeking health care services. It is anticipated that legislative action to clarify the intent of the law will be required and if so NASW/CT will support DCF’s interpretation.
For information on the state’s other mandated reporting laws and other state statutes that affect social work practice in Connecticut go to www.naswct.org and click on Professional Issues. This is for informational purposes only and should not be considered as legal advice.
Elderly Abuse, Neglect, Exploitation and Abandonment:
This law applies to any person aged 60 or older.Any social worker who has reasonable cause to suspect or believe that any person aged 60 or older has been abused, neglected, exploited or abandoned, or is in a condition which is the result of such abuse, neglect, exploitation or abandonment, or who is in need of protective services, must within five calendar days report such information to the Department of Social Services, Elderly Protective Services Unit (see the blue pages of the phone book for the office closest to you or call InfoLine at 211).
In making the report the mandated reporter shall include the name and address of the elderly person, information regarding the nature and extent of the abuse, neglect, exploitation or abandonment, and any other information that the reporter believes might be helpful in an investigation of the case.
Failure to make a mandated report will result in a fine up to a maximum amount of $500.
Abuse or Neglect of Person’s with Mental Retardation:
This law applies to all persons with mental retardation.Any social worker that has reasonable cause to suspect or believe that any person with mental retardation has been abused or neglected must within five calendar days report such information to the State of Connecticut’s Office of Protection and Advocacy for Persons with Disabilities. The mandated reporter must follow-up their report with a written report within five additional calendar days. In the case of a person under 18 years of age the reporting procedures for child abuse and neglect should be followed too. The Office of Protection and Advocacy can be reached at (860) 297-4300 or (800) 842-7303.
In making the report the mandated reporter shall include the name and address of the allegedly abused or neglected person, a statement from the mandated reporter indicating their belief that such person is mentally retarded, information supporting the supposition that such person is substantially unable to protect themselves from abuse or neglect, information regarding the nature and extent of the abuse or neglect and any other information which the reporter believes might be helpful in an investigation of the case.
Failure to make a mandated report will result in a fine up to a maximum amount of $500.
This article is for informational purposes only and is not to be considered as legal advice.
