§ 17a-101e — Employer prohibited from discriminating or retaliating against employee who makes good faith report or testifies re child abuse or neglect. Immunity from civil or criminal liability. False report of child abuse. Referral to office of the Chief State's Attorney. Penalty.

Connecticut § 17a-101e

• Jurisdiction: Connecticut
• Title 17a: Social and Human Services and Resources
• Ch. 319a: Child Welfare

Text

(a) No employer shall (1) 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, or (2) hinder or prevent, or attempt to hinder or prevent, any employee from making a report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, or testifying 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 that (1) makes or does not make, in good faith, a report pursuant to sections 17a-101a to 17a-101d , inclusive, and 17a-103 , or (2) provides, in good faith, professional medical intervention or assistance in any proceeding involving child abuse and neglect, including, but not limited to, (A) causing a photograph, x-ray or a physical custody examination to be made, (B) causing a child to be taken into emergency protective custody, (C) disclosing a medical record or other information pertinent to the proceeding, or (D) performing a medically relevant test, shall be immune from any liability, civil or criminal, which might otherwise arise from or be related to the actions taken pursuant to this subsection and shall have the same immunity with respect to any judicial proceeding which results from such report or actions, provided such person did not perpetrate or cause such abuse or neglect. The immunity from civil or criminal liability extends only to actions done pursuant to this subsection and does not extend to the malpractice of a medical professional that results in personal injury or death. (c) Any person who is alleged to have knowingly made a false report of child abuse or neglect pursuant to sections 17a-101a to 17a-101d , inclusive, and 17a-103 shall be referred to the office of the Chief State's Attorney for purposes of a criminal investigation. (d) 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.

Legislative History

(P.A. 96-246, S. 6; P.A. 97-319, S. 12, 22; P.A. 12-82, S. 10; P.A. 13-53, S. 1; P.A. 18-57, S. 1; P.A. 24-41, S. 41.) 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; P.A. 12-82 added new Subsec. (c) re referral of persons who knowingly make a false report of child abuse or neglect to Office of the Chief State's Attorney and redesignated existing Subsec. (c) as Subsec. (d); P.A. 13-53 amended Subsec. (a) by designating existing provision re retaliation against employee who makes a report as Subdiv. (1) and adding Subdiv. (2) re hindering or preventing employees from making a report or testifying in a child abuse or neglect proceeding; P.A. 18-57 amended Subsec. (b) by deleting provision re person who in good faith does not make report re child abuse or neglect being immune from civil or criminal liability, designating existing provision re making report of child abuse or neglect as Subdiv. (1), adding Subdiv. (2) re immunity from civil or criminal liability when providing professional medical intervention or assistance in proceeding involving child abuse or neglect, replacing “be incurred or imposed” with “arise from or be related to the actions taken pursuant to this subsection” and by adding provision re immunity from civil or criminal liability only extends to action done pursuant to subsection and not to malpractice of a medical professional that results in personal injury or death, effective July 1, 2018, and applicable to any civil action pending on or filed on or after said date; P.A. 24-41 amended Subsec. (b) by replacing “which, in good faith, (1) makes a report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, or (2) provides professional” with “that (1) makes or does not make, in good faith, a report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, or (2) provides, in good faith, professional”, effective July 1, 2024. Nothing in plain and unambiguous text of section suggests legislature intended to authorize private citizens to bring actions on their own behalf. 304 C. 483. Subsec. (b): Physician who performs medical examination at department's request to determine whether reasonable cause exists to suspect child abuse is entitled to immunity under Subsec. for claims arising from that determination, but not for diagnosis or treatment of any underlying injuries. 272 C. 410. Good faith immunity does not apply where trial court found that defendant acted with malice and without probable cause. 287 C. 397. Section abrogates absolute immunity that the common law may have afforded by providing only qualified immunity to individuals who report abuse or neglect. 173 CA 539.