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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) If the Commissioner of Children and Families suspects or knows that a mandated reporter, as defined in section 17a-101, has failed to make a report that a child has been abused or neglected or placed in immediate risk of serious harm within the time period prescribed in sections 17a-101a to 17a-101c, inclusive, the commissioner shall make a record of such failure to report and develop and maintain a database of such records. The commissioner shall conduct an assessment with respect to such failure to report. Such assessment shall be conducted in accordance with the policy developed in subsection (b) of this section, and include the actions taken by the employing local or regional board of education or superintendent of schools for the district in response to such employee's failure to report.
(b) The Department of Children and Families shall develop a policy for the assessment of the failure of mandated reporters to make reports within the time period prescribed in sections 17a-101a to 17a-101c, inclusive. Such policy shall include, but not be limited to, when referrals to the appropriate law enforcement agency for the failure to report are required and when the department shall require mandated reporters who have been found to have failed to make reports to participate in the educational and training program pursuant to subsection (d) of this section.
(c) The Commissioner of Children and Families, or the commissioner's designee, shall promptly notify the Chief State's Attorney when there is reason to believe that a mandated reporter has failed to make a report in accordance with sections 17a-101a to 17a-101c, inclusive.
(d)(1) Any person required to report under the provisions of section 17a-101a who fails to make such report or fails to make such report within the time period prescribed in sections 17a-101a to 17a-101c, inclusive, shall be guilty of a class A misdemeanor, except that such person shall be guilty of a class E felony if (A) such violation is a subsequent violation, (B) such violation was wilful or intentional or due to gross negligence, or (C) such person had actual knowledge that (i) a child was abused or neglected, as described in section 46b-120, or (ii) a person was a victim described in subdivision (2) of subsection (a) of section 17a-101a.
(2) Any person who intentionally and unreasonably interferes with or prevents the making of a report pursuant to section 17a-101a or attempts or conspires to do so, shall be guilty of a class D felony. The provisions of this subdivision shall not apply to any child under the age of eighteen years or any person who is being educated by the Technical Education and Career System, a local or regional board of education, other than as part of an adult education program, or a nonpublic school.
(3) Any person found guilty under the provisions of this subsection shall be required to participate in an educational and training program. The program may be provided by one or more private organizations approved by the commissioner and the entire cost of the program shall be paid from fees charged to the participants, the amount of which shall be subject to the approval of the commissioner.
(e) For purposes of this section, “child” includes any victim described in subdivision (2) of subsection (a) of section 17a-101a.
Cite this article: FindLaw.com - Connecticut General Statutes Title 17A. Social and Human Services and Resources § 17a-101o. School employee failure or delay in reporting child abuse or neglect. Policy re delayed report by mandated reporters - last updated January 01, 2025 | https://codes.findlaw.com/ct/title-17a-social-and-human-services-and-resources/ct-gen-st-sect-17a-101o/
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