§ 17a-101i — Abuse or neglect by school employee or staff member of public or private institution or facility providing care for children. Notice. Adoption of policy. Employee training program.

Connecticut § 17a-101i

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

Text

(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 the employing superintendent and the Commissioner of Education of the results of such investigation and shall provide records, whether or not created by the department, concerning such investigation to the superintendent 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 the Commissioner of Children and Families, based upon the results of the investigation, has reasonable cause to believe that (1) (A) a child has been abused or neglected, as described in section 46b-120, by such employee, and (B) the commissioner recommends such school employee be placed on the child abuse and neglect registry established pursuant to section 17a-101k, or (2) 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. (b) Not later than five working days after an investigation of a report that a child has been abused or neglected by a staff member of a public or private institution or facility that provides care for children or a private school has been completed, the Commissioner of Children and Families shall notify such staff member's employer at such institution, facility or school, or such employer's designee, of the results of the investigation. If (1) the Commissioner of Children and Families, based upon the results of the investigation, has reasonable cause to believe that a child has been abused or neglected by such staff member, and (2) the commissioner recommends that such staff member be placed on the child abuse and neglect registry established pursuant to section 17a-101k , such institution, facility or school shall suspend such staff person. Such suspension shall be with pay and shall not result in diminution or termination of benefits to such staff person. Such suspension shall remain in effect until the incident of abuse or neglect has been satisfactorily resolved by the employer of the staff person or until an appeal, conducted in accordance with section 17a-101k , has resulted in a finding that such staff person is not responsible for the abuse or neglect or does not pose a risk to the health, safety or well-being of children. (c) If a school employee, as defined in section 53a-65 , or a staff member described in subsection (b) of this section has a professional license or certificate issued by the state or a permit or authorization issued by the State Board of Education or if the institution, school or facility employing the school employee or staff member has a license or approval issued by the state, the commissioner shall forthwith notify the state agency responsible for issuing such license, certificate, permit, approval or authorization of the results of any investigation described in subsection (a) or (b) of this section pertaining to such school employee or staff member and provide records, whether or not created by the department, concerning such investigation. (d) If a school employee, as defined in section 53a-65 , or any person holding a certificate, permit or authorization issued by the State Board of Education under the provisions of sections 10-144o to 10-149 , inclusive, is convicted of a crime involving an act of child abuse or neglect as described in section 46b-120 or a violation of subdivision (2) of subsection (d) of section 17a-101o or section 53-21 , 53a-71 or 53a-73a against any person, or a violation of section 53a-70 , 53a-70a , 53a-72a or 53a-72b against a victim, as described in subdivision (2) of subsection (a) of section 17a-101a , the state's attorney for the judicial district in which the conviction occurred shall in writing notify the superintendent of the school district or the supervisory agent of the nonpublic school in which the person is employed and the Commissioner of Education of such conviction. (e) For the purposes of receiving and making reports, notifying and receiving notification, or investigating, pursuant to the provisions of sections 17a-101a to 17a-101h , inclusive, and 17a-103 , a superintendent of a school district or a supervisory agent of a nonpublic school may assign a designee to act on such superintendent's or agent's behalf. (f) (1) On or before February 1, 2016, each local and regional board of education shall adopt a written policy, in accordance with the provisions of subsection (d) of section 17a-101 , regarding the reporting by school employees, as defined in section 53a-65 , of suspected child abuse or neglect in accordance with sections 17a-101a to 17a-101d , inclusive, and 17a-103 or a violation of section 53-70 , 53a-70a , 53a-71 , 53a-72a , 53a-72b or 53a-73a against a victim, as described in subdivision (2) of subsection (a) of section 17a-101a . Such policy shall annually be distributed electronically to all school employees employed by the local or regional board of education. The local or regional board of education shall document that all such school employees have received such written policy and completed the training and refresher training programs required by subsection (c) of section 17a-101 . (2) For the school year commencing July 1, 2022, and each school year thereafter, each local and regional board of education shall distribute electronically to all school employees, as defined in section 53a-65 , the members of the board of education and the parents and guardians of students enrolled in the schools under the jurisdiction of the board, a copy of the guidelines regarding identifying and reporting child sexual abuse, developed pursuant to section 17a-101r . (3) For the school year commencing July 1, 2023, and each school year thereafter, each local and regional board of education shall distribute electronically to all school employees, as defined in section 53a-65 , the members of the board of education and the parents and guardians of students enrolled in the schools under the jurisdiction of the board, information regarding the sexual abuse and assault awareness and prevention program identified or developed pursuant to section 17a-101q . (g) (1) Each school employee, as defined in section 53a-65 , hired by a local or regional board of education on or after July 1, 2011, shall be required to complete the training program developed pursuant to subsection (c) of section 17a-101 . Each such school employee shall complete the refresher training program, developed pursuant to subsection (c) of section 17a-101 , not later than three years after completion of the initial training program, and shall thereafter retake such refresher training course at least once every three years. (2) On or before July 1, 2012, each school employee, as defined in section 53a-65 , hired by a local or regional board of education before July 1, 2011, shall complete the refresher training program developed pursuant to subsection (c) of section 17a-101 and shall thereafter retake such refresher training course at least once every three years. (3) On and after July 1, 2023, each school employee, as defined in section 53a-65 , employed by a local or regional board of education shall complete the (A) training regarding the prevention and identification of, and response to, child sexual abuse and assault, (B) bystander training program, and (C) appropriate interaction with children training program, in accordance with the provisions of section 17a-101q . Each such employee shall repeat such training at least once every three years. (4) The principal for each school under the jurisdiction of a local or regional board of education shall annually certify to the superintendent for the board of education that each school employee, as defined in section 53a-65 , working at such school, is in compliance with the provisions of this subsection. The superintendent shall certify such compliance to the State Board of Education.

Legislative History

(P.A. 96-246, S. 11; P.A. 97-319, S. 14, 22; P.A. 00-220, S. 30, 43; P.A. 01-142, S. 5; 01-173, S. 43, 44, 67; P.A. 03-168, S. 7; P.A. 05-246, S. 17; 05-257, S. 2; June 19 Sp. Sess. P.A. 09-1, S. 17; P.A. 11-93, S. 4; P.A. 12-82, S. 11; 12-116, S. 48; P.A. 14-186, S. 7; P.A. 15-205, S. 6; P.A. 17-81, S. 6; 17-237, S. 97; P.A. 22-87, S. 5; P.A. 24-41, S. 42.) History: P.A. 97-319 amended Subsecs. (a) and (b) by adding provisions re notification by the commissioner to the superintendent or executive director of finding of abuse by employee and by adding provisions re disclosure of records, effective July 1, 1997; P.A. 00-220 amended Subsecs. (a) and (c) to expand the applicability of section to include school employees who hold permits or authorizations, made conforming and technical changes in Subsec. (a) and added reference re violation of Sec. 53-21 in Subsec. (c), effective July 1, 2000; P.A. 01-142 amended Subsec. (b) by adding provision re notification by commissioner of state agency issuing professional license to any staff member of investigation of such staff member re abuse of child; P.A. 01-173 amended Subsecs. (a) and (d) to make technical changes for purposes of gender neutrality, effective July 1, 2001; P.A. 03-168 amended Subsec. (b) to expand references to certification to include permits and authorizations issued by the State Board of Education, effective July 1, 2003; P.A. 05-246 added provision re commissioner's recommending that school employee be placed on child abuse and neglect registry in Subsec. (a), effective January 1, 2006; P.A. 05-257 amended Subsec. (a) by making a technical change, by limiting time for notification to not later than five working days after finding and by requiring commissioner to provide notice regardless of whether child was a student in employing school or district, effective January 1, 2006; June 19 Sp. Sess. P.A. 09-1 made a technical change in Subsec. (a), effective July 1, 2009; P.A. 11-93 amended Subsec. (a) by adding requirement that Commissioner of Children and Families provide notice when child has been neglected by a school employee, adding definition of school employee, adding requirement that Commissioner of Children and Families notify Commissioner of Education of investigation findings and provide records, adding requirement that superintendent notify Commissioner of Education when school employee resigns, and making technical and conforming changes, amended Subsec. (b) by adding requirement that staff member be suspended within 5 working days of completion of investigation, adding requirement that staff member be suspended when child has been neglected by the staff member, deleting requirement that Commissioner of Children and Families notify staff person's employing executive director and provide records to the executive director, adding as a condition for suspension Commissioner of Children and Families' recommendation of placement on the child abuse and neglect registry, adding provision for appeal of suspension, adding requirement that commissioner notify the state licensing agency of staff member's suspension if the institution, school or facility holds state-issued license and making conforming changes, amended Subsec. (c) by adding definition of school employee, amended Subsec. (e) by replacing “1997” with “2012”, adding requirement that the policy be adopted in accordance with Sec. 17a-101(e) and adding provision re distribution of policy and added Subsec. (f) re training program, effective July 1, 2011 (Revisor's note: In Subsec. (b)(2), a reference to Sec. 17a-101h was changed editorially by the Revisors to Sec. 17a-101k for accuracy); P.A. 12-82 made a technical change in Subsec. (e); P.A. 12-116 made a technical change in Subsec. (a), effective July 1, 2012; P.A. 14-186 amended Subsec. (a) by requiring Commissioner of Children and Families to provide notice to the superintendent and Commissioner of Education not later than 5 working days after investigating report of abuse or neglect by a school employee, deleting reference to commissioner's reasonable cause to believe, deleting provision re school employee entrustment of care and credentials and provision re commissioner's recommendation to place employee on child abuse and neglect registry, and replacing provision re mandatory suspension with provision re circumstances in which the superintendent shall suspend the school employee, amended Subsec. (b) by requiring commissioner to provide notice to a staff member's employer not later than 5 working days after investigating report of abuse or neglect by the staff member, and made technical changes; P.A. 15-205 amended Subsec. (a) to redesignate existing Subdivs. (1) and (2) as Subdiv. (1)(A) and (B), add new Subdiv. (2) re victim, add provision re employment following termination or suspension and add references to victim described in Sec. 17a-101a(a)(2), amended Subsec. (c) to add references to Secs. 17a-101a(b)(2), 53a-70, 53a-70a, 53a-72a and 53a-72b and add provision re violation of Sec. 53a-73a against any person, amended Subsec. (e) to replace “2012” with “2016” and add references to neglect and to Secs. 53-70, 53a-70a, 53a-71, 53a-72a, 53a-72b and 53a-73a, amended Subsec. (f) to add Subdiv. (3) re certification of compliance, and made technical and conforming changes; P.A. 17-81 amended Subsec. (b) by redesignating provision re commissioner to notify state agency responsible for issuing license, certificate, approval or authorization as new Subsec. (c) and amending same by adding references to school employee and provision re notice of results of investigation, redesignated existing Subsecs. (c) to (f) as Subsecs. (d) to (g), amended redesignated Subsec. (f) by replacing “17a-101i” with “17a-101a” and made technical and conforming changes, effective July 1, 2017; P.A. 17-237 amended Subsec. (a) by replacing “technical high school system” with “Technical Education and Career System”, effective July 1, 2017; P.A. 22-87 amended Subsec. (f) by designating existing provisions as Subdiv. (1) and amended same by replacing “shall be distributed annually” with “shall annually be distributed electronically” and adding Subdivs. (2) and (3) re electronic distribution of guidelines regarding identifying and reporting child sexual abuse and information regarding the sexual abuse and assault awareness and prevention program, respectively, and amended Subsec. (g) by adding new Subdiv. (3) re school employees to complete training programs and redesignating existing Subdiv. (3) as Subdiv. (4), effective July 1, 2022; P.A. 24-41 amended Subsec. (d) by replacing “subsection (b) of section 17a-101a” with “subsection (d) of section 17a-101o”, effective July 1, 2024.