Copyright © 2004-2007, Judicial Branch, State of Connecticut. All rights reserved.
Connecticut Judicial Branch Law Libraries
Child Abuse and
Neglect in Connecticut
A Guide to Resources in the Law Library
· Abused: “means that a child or youth (A) has been inflicted with physical injury or injuries other than by accidental means, or (B) has injuries that are at variance with the history given of them, or (C) is in a condition that is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment . . . .” Conn. Gen. Stats. § 46b-120(4) (2007).
· “a child or youth may be found ‘neglected’ who (A) has been abandoned, or (B) is being denied proper care and attention, physically, educationally, emotionally or morally, or (C) is being permitted to live under conditions, circumstances or associations injurious to the well-being of the child or youth, or (D) has been abused . . . . ” Conn. Gen. Stats. § 46b-120(9) (2007) [Emphasis added].
· Dependent: “a child or youth may be found ‘dependent’ whose home is a suitable one for the child or youth, save for the financial inability of the child's or youth's parents, parent or guardian, or other person maintaining such home, to provide the specialized care the condition of the child or youth requires;” § 46b-120(7) (2007)
· Uncared for: “a child or youth may be found ‘uncared for’ who is homeless or whose home cannot provide the specialized care that the physical, emotional or mental condition of the child requires.” Conn. Gen. Stats. § 46b-120(10) (2007)
· Child abuse and neglect “means the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child under the age of eighteen, or the age specified by the child protection law of the State, by a person including any employee of a residential facility or any staff person providing out of home care who is responsible for the child's welfare under circumstances indicating harm or threatened harm to the child's health or welfare. The term encompasses both acts and omissions on the part of a responsible person.;” 42 U.S.C. § 5106g(2) [see also 45 CFR §1340.2(d) (rev. October 1, 2006)]
· 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. . . . ” Conn. Gen. Stats. § 17a-93(l) (2007).
· 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.” Conn. Gen. Stats. § 17a-93(O) (2007).
· Civil proceedings: “Child neglect proceedings are civil proceedings, which are not quasi-criminal in nature . . . .Here, where the court was required to look at the well-being of an infant and there was medical evidence that revealed a fracture in the arm of that ten week old child, the exclusionary rule would not apply.” In re Nicholas R., 92 Conn. App. 316, 321, 884 A.2d 1059 (2005).
Sections in this chapter
§ 1. Duty to report child abuse
§ 2. Investigations in child abuse or neglect cases
§ 3. Immediate removal of child
§ 4. Child witness in Connecticut
§ 7. False allegations of child abuse
§.8. Child abuse and the unborn
§ 9. Adult memories of child abuse
Tables in this chapter
Table 1 Classification and evaluation of report of child abuse or neglect
Table 2 Circumstances requiring immediate removal
Table 3 Procedures for immediate removal
Table 4 Notification of law enforcement agencies: Removal of child from home
Table 5: Commitment of Child or Youth in Connecticut to DCF
Table 7 False reports of Child Abuse
Internet Resources:
Connecticut Department of Children and Families: http://www.state.ct.us/dcf/
Connecticut Office of the Child Advocate http://www.oca.state.ct.us
The Children’s Law Center of Connecticut http://www.clcct.org
Prevent Child Abuse Connecticut http://www.volunteersolutions.org/uwcact/volunteer/agency/one_170788.html
Child Welfare League of America : http://www.cwla.org
Children’s Defense Fund: http://www.childrensdefense.org/
Pew Commission on Children in Foster Care: http://www.pewfostercare.org
Administration for Children and Families: http://www.acf.dhhs.gov/
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SCOPE: |
Bibliographic resources relating to the duty to report suspected child abuse to the proper authorities.
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DEFINITIONS: |
Mandated Reporters: “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.” Conn. Gen. Stats. § 17a-101(b) (2007).
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STATUTES: |
Conn. Gen. Stat. (2007) · Chapter 166. Teachers and superintendents Part I. Teachers § 10-149a. Felony conviction or fine pursuant to mandated reporting provisions. Notification by state’s attorney. · Chapter 319a. Child welfare Part I. Dependant and neglected children § 17a-93. Definitions § 17a-101. Protection of children from abuse. Mandated reporters. Educational and training programs § 17a-101a. Report of abuse, neglect or injury of child or imminent risk of serious harm to child. Penalty for failure to report § 17a-101b. Oral report by mandated reporter, Notification of law enforcement 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 § 17a-101c. Written report by mandated reporter. § 17a-101d. Contents of oral and written reports. § 17a-101e. Employers prohibited from discrimination against witness in child abuse proceedings ... Immunity for making report of child abuse in good faith. False report of child abuse. Penalty. § 17a-103. Reports by others. False reports. Notification to law enforcement agency. § 17a-103a. Telephone hotline to receive reports of child abuse. · Chapter 813a. Office of victim advocate. Office of the child advocate Part II. Office of the child advocate § 46a-13l. Information and assistance from state agencies. Acceptance of gifts
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FEDERAL STATUTES:
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Federal Laws · Adoption Assistance and Child Welfare Act of 1980 (AACWA), P.L. 96-272, 94 Stat. 500 (June 17, 1980) · Child Abuse Prevention and Treatment Act of 1974 (CAPTA), P.L. 93-247, 88 Stat. 4 (1974) 42 U.S.C. §§ 5101 to 5106i. Child Abuse Prevention and Treatment 42 U.S.C. § 5106a. Grants for States for child abuse and neglect prevention and treatment programs. Eligibility requirements. See § 5106a(b)(2)(A)(i) for provision related to reporting procedures)
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INDIAN LAW: |
· Indian Child Welfare Act of 1978, P.L. 95-608 § 2, 92 Stat. 3069 (Nov. 8, 1978), 42 U.S.C. §§ 5101 et seq. · Indian Child Protection and Family Violence Prevention Act, P.L. 101-630, Title IV, § 402, 104 Stat. 4544 (Nov. 28, 1990), 25 U.S.C. §§ 3201 to 3211. § 3203. Reporting Procedures · Mashantucket Pequot Tribal Laws. Title II, ch. 5, §§ 1-3 (2001). Child Neglect and Abuse Reporting
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LEGISLATIVE |
· Susan Price, Principal Legislative Analyst, Prosecuting Mandated Child Abuse Reporters, Connecticut General Assembly. Office of Legislative Research Report No. 2005-R-0665 (September 13, 2005). · Susan Price, Principal Legislative Analyst, Reporting Child Abuse and Neglect, Connecticut General Assembly. Office of Legislative Research Report No.2005-R-0591 (July 25, 2005). “You asked about Connecticut’s mandated reporter laws and whether there are penalties in Connecticut or other states for other people who know about child abuse but do not alert authorities.” · Sandra Norman-Eady, Mandated Reporter Law, Connecticut General Assembly. Office of Legislative Research Report No. 2002-R-0528 (June 6, 2002). “You asked for a (1) brief summary and copy of any instructions the Department of Children and Families (DCF) provides mandated reporters, (2) copy of a letter the chief state's attorney recently sent to mandated reporters, and (3) summary of Connecticut cases that discuss the interplay between the mandated reporter laws and laws on confidential communication.” · Susan Goranson, Associate Analyst, False Reports of Child Abuse, Connecticut General Assembly. Office of Legislative Research Report No. 94-R-0853 (October 3, 1994). “You asked if there is specific statutory authority in Connecticut to penalize anyone falsely claiming child abuse in a family action situation.”
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STATE REGULATIONS:
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· Conn. Agencies Regs. §§ 17a-101-1—17a-101(e)-6 (3-95B). Reports of child abuse and neglect § 17a-101(e)-1. Scope of regulations § 17a-101(e)-2. Definitions § 17a-101(e)-3. Reports of child abuse or neglect § 17a-101(e)-4. Investigation of reports of child abuse or neglect by the department § 17a-101(e)-5. Notification of law enforcement agencies – removal of child from home – child to remain in own home § 17a-101(e)-6. Termination of protective services · Conn. Agencies Regs. § 19a-87b-10(j)(3) (6-00) Family day care homes “The provider shall report actual or suspected child abuse or neglect of any child to the nearest office of the Department of Children and Families as mandated by Section 17a-101 and 17a-102 of the Connecticut General Statutes.”
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FEDERAL REGULATIONS: |
· Code of Federal Regulations (November 24, 2006 ) 45 CFR § 1340.14(c). Eligibility requirements. Reporting. “The State must provide by statute that specified persons must report and by statute or administrative procedure that all other persons are permitted to report known and suspected instances of child abuse and neglect to a child protective agency or other properly constituted authority.”
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COURT CASES:
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· Manifold v. Ragaglia, 272 Conn. 410, 420-421, 862 A.2d 292 (2004). “In furtherance of this public policy goal of protecting children from abuse, the statute provides a comprehensive list of persons who are ‘mandated reporters,’ many of whom are health care providers, including physicians either licensed in Connecticut or acting as interns or residents at our hospitals. See General Statutes § 17a-101 (b). Thus, the statute prescribes that a ‘mandated reporter . . . who in the ordinary course of [his or her] 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 . . . (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 [to the department]. . . .’ General Statutes § 17a-101a. Indeed, ‘mandated reporters’ who fail to report reasonable suspicions of child abuse are subject to a fine and compulsory participation in an appropriate training program. See General Statutes § 17a-101a.” · In re Nicholas R., 92 Conn. App. 316, 321, 884 A.2d 1059 (2005). “Child neglect proceedings are civil proceedings, which are not quasi-criminal in nature.” · Morales v. Kagel, 58 Conn. App. 776, 783, 755 A.2d 915 (2000). “ … we conclude that the defendant in this case did not owe a duty to the plaintiff to investigate the accusations against him prior to making a good faith report.” · Ward v. Greene, 31 Conn. L. Rptr. 458 (New London Super. Ct., Feb. 21, 2002), 2002 WL 377922. “There is no appellate case law on the precise issue of whether a violation of section 17a-100 of the General Statutes … creates a private right of action... The underlying purpose of this legislation is not to create unlimited liability to a non-reporter with an indirect or nonexistent relationship to a victim of child abuse.” · Greco v. Anderson, Docket No. CV00-0501458S (New Britain Super. Ct., Oct. 23, 2000), , 2000 WL 1763732. “Extending immunity to false and malicious accusations, if that is what they were, would not serve the public purpose of discovering child abuse and would compromise the constitutional protection accorded to family autonomy. The Grecos have pled sufficient facts to bring this case within the ‘bad faith’ exception to the immunity afforded mandated reporters by the statute.” · Anderson v. Department of Public Health, Docket No. CV99-0494513S (New Britain Super. Ct., Dec. 20, 1999), 1999 WL 1288935. An appeal from a decision of the Department of Public Health to revoke plaintiff’s family daycare license for failure to comply with state laws concerning mandated reporting of suspicions of child abuse and neglect. Appeal dismissed. · Doe v. Vibert, Docket No. CV97-048332S (New Britain Super. Ct., July 12, 1999), 1999 WL 545746. “…plaintiff has alleged that defendant Wartonick was negligent for failing to report to the Board of Education her stated suspicion of defendant’s … misconduct toward the plaintiff… This court concludes that the plaintiffs’ complaint states a viable cause of action for negligence per se in that the plaintiffs allege the violation of a statute and plead facts sufficient to allege a causal link between the statutory violation and the alleged injury.” · Parker v. Nelson, 19 Conn. L. Rptr. 616 (Norwich Super. Ct., June 16, 1997), 1997 WL 345617. “The plaintiffs’ complaint alleges that Nelson violated § 17a-101a by failing to report the instances of alleged child abuse communicated to her… This court concludes that the plaintiffs’ complaint states a viable cause of action for negligence per se in that the plaintiffs’ allege the violation of a statute and plead facts sufficient to allege a causal link between the statutory violation and the alleged injury.”
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WEST KEY NUMBERS:
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· Infants # 13.5 |
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ENCYCLOPEDIAS: |
· Jack M. Dalgleish, Annotation, Construction And Effect Of Statutes Mandating Consideration Of, Or Creating Presumption Regarding, Domestic Violence In Awarding Custody Of Children, 51 ALR5th 242(1997). · Christopher Vaeth, Annotation, Denial Or Restriction Of Visitation Rights To Parent Charged With Sexually Abusing Child, 1 ALR5th 776 (1992). · Michael R. Flaherty, Annotation, Tort Liability of Public Authority for failure to remove parentally abused or neglected children from parents’ custody, 60 ALR4th 942 (1988). · Danny R. Veilleux, Annotation, Validity, Construction, and Application of State Statute Requiring Doctor or Other Person to Report Child Abuse, 73 ALR4th 782 (1989). · Jimmie E. Tinsley, Failure to Report Suspected Case of Child Abuse, 6 Am. Jur. POF2d 345 (1975). · Thomas L. Gowen & Richard J. Kohlman, Professional Liability for Failure to Report Child Abuse, 38 Am. Jur. Trials 1 (1989).
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TEXTS & TREATISES: |
· PAUL CHILL, BURDEN OF PROOF BEGONE: THE PERNICIOUS EFFECT OF EMERGENCY REMOVAL IN CHILD PROTECTICE PROCEEDINGS (July 1, 2004). University of Connecticut School of Law. University of Connecticut School of Law Articles and Working Papers. Paper 55. http://lsr.nellco.org/uconn/ucwps/papers/55/ · Paul Chill, The Law of Child Abuse and Neglect in Connecticut, 23-31 (1997). http://lsr.nellco.org/cgi/viewcontent.cgi?article=1050&context=uconn/ucwps Chapter 2: Abuse and Neglect 5. Reporting A. Historical overview B. Mandated reporters C. Reporting by other persons D. Legal protection for reporters · Thomas B. Mooney, A Practical Guide to Connecticut School Law 342 (4th ed., 2004). Chapter 4. Students F. Child abuse and neglect, pp. 332-337 · 2 Donald T. Kramer, Legal rights of Children §§ 16.14-16.20 (Rev. 2d ed. 2005). Chapter 16. Child abuse and family maltreatment I. Introduction II. Types and definitions of child abuse III. Reporting laws § 16:16. Reporting laws in general § 16:17. Mandatory reporting § 16:18. Immunity from liability for reporting suspected child abuse § 16:19. Inapplicability of immunity § 16:20. Instances of immunity § 16:21. Classes of persons covered § 16:22. The child protection system § 16:23. Consequences of failure to investigate allegations of child abuse § 16:24. Invasion of parent—Child relationship § 16:25. Central registries and child protective service records § 16:26. —State laws IV. Federal laws on child abuse § 16:27. Child Abuse Prevention and Treatment and Adoption Reform Act § 16:28. Victims of Child Abuse Act of 1990 · Ann M. Haralambie, Child Sexual Abuse in Civil Cases: A Guide to Custody and Tort Actions (1999). Chapter 3. Sexual abuse allegations in protection cases · 1 Ann M. Haralambie, Handling child custody, abuse and adoption Cases 1983 (Rev. ed.). Chapter 11. Dependency and neglect generally · 2 Ann M. Haralambie, Handling child custody, abuse and adoption Cases 1983 (Rev. ed.). Chapter 17. Proving physical abuse · Inger J. Sagatun & Leonard P. Edwards, Child Abuse and the Legal System 36 (1995). Chapter 2. Types of child abuse and neglect Chapter 3. Roles of professionals involved with child abuse and neglect The mandatory child reporting law, pp. 36-38 · 1 Leonard Karp & Cheryl L. Karp, Domestic Torts: Family Violence, Conflict & Sexual Abuse, §10.03 (rev. ed. 2005). Chapter 3. Physically and emotionally battered child · 5 Sandra Morgan Little, Child Custody and Visitation Law & Practice (2006). Chapter 31. Allegations of abuse § 31.03. Reporting laws
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LAW REVIEWS: |
· Ronald Bard, Connecticut’s Child Abuse Law, 48 Conn. Bar J. 260 (1974) · Douglas J. Besharov, Child Abuse and Neglect: Liability for Failure to Report, 22 Trial, August 1986, at 67. · Howard Davidson, Reporting Suspicions of Child Abuse: What Must a Family Lawyer Do? 17 Fam. Advoc., Winter 1995, at 50. · Margaret H. Meriwether, Child Abuse Reporting Laws: Time for a Change, 20 Fam. L. Q. 141 (1986).
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HOTLINE: |
· Connecticut Department of Children and Families Child Abuse & Neglect Hotline: 1-800-842-2288, TD: 1-800-624-5518 (Spanish speaking staff is available)
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COMPILERS: |
· Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343-6561. EMAIL
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SCOPE: |
Bibliographic resources relating to the investigation of allegations of child abuse and/or child neglect.
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DEFINITIONS: |
· ABUSE: —“Is a non-accidental injury to a child which, regardless of motive, is inflicted or allowed to be inflicted by the person responsible for the welfare or care; by person given access to the child; or by the person responsible for the welfare or care; by the person entrusted with the child’s care” —“Is any injury which is at variance with history given” —“is a condition which is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation, deprivation of necessities, emotional maltreatment or cruel punishment.” DCF Policy Manual § 34-2-7 · NEGLECT. “A child may be found neglected who —has been abandoned —is being denied proper care and attention physically, educationally, emotionally, or morally —is being permitted to live under conditions, circumstances or associations injurious to his well-being —has been abused.” DCF Policy Manual § 34-2-7
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STATUTES: |
Conn. Gen. Stats (2007) · Chapter 166. Teachers and superintendents Part I. Teachers § 10-145b. Teaching certificates (m)(2)(E). “a crime involving an act of child abuse or neglect as described in section 46b-120” § 10-149a. Felony conviction of fine pursuant to mandated reporting provisions. Notification of state’s attorney. · Chapter 319. Department of Children and Families § 17a-28. Confidentiality of and access to records [access to DCF records pertaining to investigations or abuse or neglect] § 17a-47. Legal division re child abuse and neglect [assistant attorneys general responsible for prosecuting neglect petitions] · Chapter 319a. Child welfare Part I. Dependent and neglected children § 17a-100. Ill treatment of children. [children in foster care] § 17a-101f. Examination by physician. Diagnostic tests ... to detect child abuse. § 17a-101g. Classification and evaluation of reports. Home visit. Removal of child in imminent risk of harm. § 17a-101h. Coordination of investigatory activities. Interview with child. Consent. § 17a-101i. Abuse of child by school employee. Suspension… § 17a-101j. Notification of Chief State’s Attorney ... § 17a-101k. Registry of reports maintained by Commissioner of Children and Families… § 17a-103b. Notice to parent or guardian of substantiated complaint of child abuse. § 17a-105. Temporary custody of abused child upon arrest of parent of guardian. § 17a-105a. Child abuse and neglect unit within Division of State Police to assist investigation of child abuse and neglect. § 17a-106. Cooperation in relation to ... investigation of child abuse and neglect. § 17a-106b. Impact of family violence in child abuse cases. § 17a-110. Permanency planning for children ... Procedure after commitment hearing. § 17a-111a. Commissioner of Children and Families’ duties re unification of child with parent. Court determination that reunification efforts are not required. Permanency plans § 17a-111b. Commissioner of Children and Families may petition court re reasonable efforts to reunify parent with child. Determination by court. · Chapter 802h. Protected persons and their property Part II. Guardians of the person of a minor §§ 45a-607 to 45a-625 Removal and appointment of guardians of a minor in Probate Court § 45a-619 Investigation by Commissioner of children and Families. § 45a-623 Transfer of contested proceeding to Superior Court or another judge of probate. · Chapter 813a. Office of the Child Advocate §§ 46a-13k to 46a-13q Office of the Child Advocate. · Chapter 815t. Juvenile matters § 46b-121. “Juvenile matters” defined. Authority of court. (a) Juvenile matters in the civil session include all proceedings concerning uncared-for, neglected or dependent children and youth within this state, termination of parental rights of children committed to a state agency,…” § 46b-129. Commitment of child or youth. Petition for neglected, uncared-for, dependent child or youth. Hearing re temporary custody, order to appear or petition. Review of permanency plan. Revocation or commitment. Applicability of provisions re placement of child from another state and Interstate Compact on the Placement of Children § 46b-129a. Examination by physician. Appointment of counsel and guardian ad litem. · Chapter 939. Offenses against the person § 53-20. Cruelty to persons. § 53-21. Injury or risk of injury to, or impairing morals of, children. · Chapter 952. Penal code: Offenses § 53a-71. Sexual assault in the second degree: Class C or B felony § 53a-73a. Sexual assault in the fourth degree: Class A misdemeanor or class D felony
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FEDERAL STATUTES:
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United States Code · 25 U.S.C. §§ 3201 to 3211. Indian Child Protection and Family Violence Prevention · 42 U.S.C. § 5106c. Grants to states for programs relating to investigation and prosecution of child abuse and neglect cases.
Title V. Child welfare Chapter 3. Reporting of child neglect and abuse § 1. Notification of child abuse reports § 2. Interviews and examinations § 3. Emergency removal § 4. Procedures for removal § 5. Hearing § 6. Court findings § 7. Review of placement and supervision § 8. Placement preferences § 9. Emergency authorization of medical treatment § 10. Character investigations § 11. Confidentiality § 12. Central registry § 13. Records § 14. Modification, revocation or extension of court orders § 15. Appeals
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CONNECTICUT REGULATIONS:
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· Conn. Agencies Regs. (3-95B) Reports of child abuse by a certified school employee § 10-145g-1. Reports of child abuse by a certified school employee Use and operation of the Child Abuse and Neglect Registry § 17a-101-1. Scope of regulations § 17a-101-2. Information to be protected § 17a-101-3. Procedure for placing reports in registry § 17a-101-4. Investigation of reports received § 17a-101-5. Prohibition against disclosure § 17a-101-6. Persons and agencies having emergency access to registry § 17a-101-7. Procedure for disclosure of information § 17a-101-8. Information to be maintained shall include . . . . § 17a-101-9. Log of inquiries § 17a-101-10. Research access Circumstances requiring immediate removal of a child from his/her home 96 hour hold § 17a-101-11. Scope of regulations § 17a-101-12. Circumstances requiring immediate removal. § 17a-101-13. Procedures for immediate removal. Reports of child abuse or neglect § 17a-101-(e)-1. Scope of regulations § 17a-101-(e)-2. Definitions § 17a-101-(e)-3. Reports of child abuse or neglect § 17a-101-(e)-4. Investigations of reports of child abuse or neglect by the department § 17a-101-(e)-5. Notification of law enforcement agencies—removal of child from the home—child to remain in own home § 17a-101-(e)-6. Termination of protective services Operation of child-caring agencies and facilities § 17a-145-54. Causes for revoking or refusing to renew license Family day care homes § 19a-87b-14. Complaint investigations (a). Anonymity of complainant (b). Confidentiality of child abuse and/or neglect investigations (c). Duty to investigate (d). Unannounced home visits; Notice and interview (e). Interviews (f). Complaints referred to Department of Children and Families
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FEDERAL REGULATIONS:
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· Code of Federal Regulations (rev.10/1/06) 45 CFR § 1340.14. Eligibility requirements (d). Investigations. “The State must provide for the prompt initiation of an appropriate investigation by a child protective agency or other properly constituted authority to substantiate the accuracy of all reports of known or suspected child abuse or neglect ...”
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DCF POLICY MANUAL:
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· 34-2-7. Operational Definitions
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COURT RULES:
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Connecticut Practice Book (2007 Edition) · Chap. 32a. Rights of Parties, Neglected, Uncared for and Dependent Children and Termination of Parental Rights. · Chap. 33a. Petitions for Neglect, Uncared for, Dependency and Termination of Parental Rights: Initiation of Proceedings, Orders of Temporary Custody and Preliminary Hearings. · Chap. 34a. Pleadings, Motions and Discovery… · Chap. 35a. Hearings Concerning Neglected, Uncared for and Dependent Children and Termination of Parental Rights.
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COURT CASES: (Connecticut)
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· DeShaney v. Winnebago County Department of Social Services, 489 U.S. 998, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989). · Shay v. Rossi, 253 Conn. 134, 180, 749 A.2d 1147 (2000). “The totality of these facts, if proven, would permit a fact finder to infer that the defendants filed the neglect and abuse petitions knowing that they were unjustified, and continued them with that knowledge,… and that they did so … to justify their prior unjustified actions… We are constrained to conclude that the factually supported allegations are serious enough to warrant the conclusion that the defendants are not shielded by the doctrine of sovereign immunity.” · Doe v. Connecticut Department of Children and Youth Services, 712 F.Supp. 277 (1989), aff’d, 911 F.2d 868 (1990). DCF workers entitled to “qualified immunity” from liability. · Williams v. Hauser, 948 F.Supp. 164 (D. Conn. 1996). DCF workers not entitled to “absolute prosecutorial immunity”. · In re Brian D. and Shannon D., Juvenile Matters at New Haven, April 27, 1999, 5 Conn. Ops. 582 (May 24, 1999). Foster parents’ motion to intervene in an abuse and neglect action brought by DCF ; motion denied.
Cases Discussing the doctrine of ‘Predictive Neglect’ · In re Michael D., 58 Conn. App. 119, 123-124, 752 A.2d 1135 (2000), cert. denied 254 Conn. 911 (2000). “By its terms, § 17a-101(a) connotes a responsibility on the state’s behalf to act before the actual occurrence of injury or neglect has taken place… Our statutes clearly and explicitly recognize the state’s authority to act before harm occurs to protect children whose health and welfare may be adversely affected and not just children whose welfare has been affected.” · In re Kelly S., 29 Conn. App. 600, 613, 616 A.2d 1161 (1992). “The trial court found that the respondent was not capable of providing the necessary care. The evidence fully supports that conclusion… Actual incidents of abuse or neglect are not required in determining that a child is uncared for under the ‘specialized needs’ section of the statute… For purposes of commitment of a child to the custody of the commissioner pursuant to § 46b-129, proof of ongoing parenting deficiencies is sufficient to satisfy the statute where those deficiencies mean that the child’s home is unable to provide the care required for her special needs.” · In re Chloe P., (Conn. Super. Ct., Middletown, Oct. 31, 2001). · In re Corey-Thomas, (Conn. Super. Ct., Torrington, Sept. 20, 2000). “Two of the cases cited by petitioner aptly describe the nature of an necessity for the doctrine of predictive neglect.”
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WEST KEY NUMBERS:
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· Infants # 15 · Predictive Neglect - Infants # 156 |
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CLE SEMINARS |
· Advanced and Complex Issues in Juvenile Law (Conn. Bar Assoc. Seminar, Dec. 13, 1996). · Juvenile Law (Conn. Bar Assoc. Seminar, Oct. 1994). · Representing Parents or Children in Termination of Parental Rights Cases (Conn. Bar Assoc., Oct. 6, 1993).
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TEXTS & TREATISE:
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· Paul Chill, The Law of Child Abuse and Neglect in Connecticut, (1997). Chapter 2. Abuse and neglect Chapter 6. D.C.F. investigations · Samuel M. Davis, Rights of Juveniles 2d: the Juvenile Justice System (2d ed. 2006). Chapter 6. The adjudicatory process: Child abuse cases § 6:1. General § 6:2. Family autonomy or state intervention § 6:3. Definition of child maltreatment § 6:4. —Neglect and dependency § 6:5. —Abuse § 6:6. Determination of the incidence of abuse § 6:7. Evidentiary problems in child abuse cases § 6:8. Competency and credibility of child witness § 6:9. Evidence of child’s extrajudicial statements § 6:10. Waiver of privileges—Spouse privilege § 6:11. Waiver of privileges—Physician/patient privilege § 6:12. Use of character evidenc · Ann M. Haralambie, Child Sexual Abuse in Civil Cases: A Guide to Custody and Tort Actions (1999). Appendix 1-1. The Investigation of Child Sexual Abuse: An International, Interdisciplinary Consensus Statement, pp. 18-29. “The report is designed to guide state and local officials, professionals, and advocates seeking to investigate child sexual abuse” (p. 19). · Inger J. Sagatun & Leonard P. Edwards, Child Abuse and the Legal System (1995). Part I. Child abuse in America Chapter 3. Roles of professionals involved with child abuse and neglect The roles of Child Protective Services, p. 38. The Role of Law Enforcement Agencies, p. 43. Part II. The legal response to child abuse, pp. 65 -153 · Leonard Karp & Cheryl L. Karp, Domestic Torts: Family Violence, Conflict & Sexual Abuse (1989). Chapter 8. Third-Party Liability: Potential additional defendants § 8.11. Establishing a §1983 Claim Against Governmental Agencies and School Districts for Failure to Report Abuse (includes information on liability for failure to adequately investigate) § 8.14. Violations of civil rights (§ 1983 Claim) for post-release supervision of parolee and placement of children § 8.14A. —Violations of Civil Rights (1983 Claim) for Removing and Holding Children Pending Investigation. § 8.14B. —Unnecessarily Intrusive Investigations by Protective Agencies § 8.15. Negligent Supervision or Abuse Prevention of Abused Child § 18.15A. Liability of government for negligent certification of day care center · 2 Donald T. Kramer, Legal rights of Children §§ 16.14-16.20 (Rev. 2d ed. 2005). Chapter 16. Child abuse and family maltreatment § 16:29. Judicial intervention in general § 16:30. —Investigation § 16:31. The attorney or guardian ad litem for the child § 16:32. Immunity of guardian § 16:33. Protective or emergency custody § 16:34. Adjudication § 16:35. Disposition § 16:36. Evidentiary issues § 16:37. —Circumstantial evidence and expert testimony § 16:38. —Abuse of a sibling § 16:39. —Testimony of the child victim; Admission of child abuse hearsay evidence § 16:40. —Privilege communications; Privilege against self-incrimination § 16:41. —Admissibility of reports and records · 1 John E. B. Meyers, Evidence in Child Abuse and Neglect cases (3rd ed. 1997). Chapter 1. Investigation of child abuse § 1.2. Children’s basic memory capacity § 1.8. Suggestibility § 1.16. Defining terms used in investigative interviews § 1.18. Proper interview practices § 1.30. Interview practices to be avoided § 1.32. Effect of multiple interviews on memory § 1.33. Videotaping investigative interviews § 1.35. Eyewitness identification § 1.36. Exaggerated, distorted, bizarre, fantastic, and impossible allegations of abuse · Koh Peters, Representing Children in Child Protective Proceedings: Ethical and Practical Dimensions (2001).
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PAMPHLETS: |
· If DCF is your legal guardian · Greater Hartford Legal Aid, Inc, Family Problems, DCF, and the Law: A Guide for Parents by Lynn B. Cochrane and Jill Davies
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LAW REVIEWS: |
· Eric B. Martin, Maintaining Sibling Relationships for Children Removed from Their Parents, Children’s Legal Rts. J., Winter 2002-2003, at 47. · National Association of Counsel for Children, Recommendations for Representation of Children in Abuse and Neglect CasesI, Children’s Legal Rts. J., Winter2001-2002, at 36. · Peter J. Schmiedel, Charles P. Golbert & Adrienne Giorgolo, Rights of Abused and Neglected Children to Safe and Adequate Foster Care under the Guarantees of the Fourteenth Amendment, Children’s Legal Rts. J., Summer 2000, at 14. · Howard Davidson, The Legal Aspects of Corporal Punishment in the Home: When Does Physical Discipline Cross the Line to Become Child Abuse?, Children’s Legal Rts. J., Fall 1997, at 18. · Dyanne C. Greer, Child Abuse and Discipline: A Parental and Prosecutorial Dilemma, Children’s Legal Rts. J., Fall 1997, at 30. · Michael R. Beeman, Investigating Child abuse: the Fourth Amendment and Investigatory Home Visits, 89 Col. L. Rev. 1034 (1989). · Allen F. Anderson, Commentary on Nursing Mothers, Drugs, and the Limits of the Criminal Process, 48 Juv. & Fam. Ct. J., Winter 1997, at 53. · Amy Sinden, In Search of Affirmative Duties Toward Children Under a Post -Deshaney Constitution, 39 Univ. Pa. L. Rev. 227 (1990). · Michael E. Lamb, The Investigation of Child Sexual Abuse: An International, Interdisciplinary Consensus Statement, 28 Fam. L. Q. 151 (1994). · Douglas J. Gesharov, Combating Child Abuse: Guidelines for Cooperation between Law Enforcement and Child Protective Agencies, 24 Fam. L. Q. 209 (1990).
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COMPILER: |
· Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343-6561. EMAIL
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Table 1 Classification and evaluation of report of child abuse or neglect
Connecticut Gen. Stats § 17a-101 |