2002 Formal Opinions
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You have asked for an opinion interpreting Conn. Gen. Stats. § 17a-101a, the mandated reporter statute. Section 17a-101a requires certain individuals enumerated in Conn. Gen. Stats. § 17a-101(b)1 to notify the Department of Children and Families (the Department or DCF) or a law enforcement agency when they have "reasonable cause to suspect or believe" that child abuse or neglect, as defined in Conn. Gen. Stats. § 46a-120, has occurred. Your question concerns the obligations of a mandated reporter who becomes aware that a minor under the age of sixteen is engaged in a sexual relationship.
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This is in response to the letter drafted on your behalf by Commission Counsel Murphy dated May 24, 2002, as amended and supplemented by the letter dated June 14, 2002, in which you request our opinion as to the validity of two recent appointments to vacancies on the Commission on Human Rights and Opportunities (hereinafter CHRO).
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Honorable Denise L. Nappier, Treasurer, 2002-004 Formal Opinion, Attorney General of Connecticut
You have requested an opinion regarding the ownership and management of approximately 2.2 million shares of Anthem, Inc. stock recently distributed to the State of Connecticut, as a result of the demututalization of Anthem Insurance Company ("AIC"). You raise the question of the State's "ownership of, and, therefore, [your] authority to receive and manage these assets" in light of legal challenges to the State's ownership currently pending.
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You requested our opinion "concerning the determination of how much of an individual’s disposable income may be taken to satisfy a tax warrant when the individual also is subject to a dependent support order."
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I am writing in response to your request for a formal opinion as to whether the Department of Banking ("Department") has the authority to reimburse an electronic service provider for reasonable costs associated with complying with an administrative subpoena, in light of the requirements imposed by the Electronic Communications Privacy Act of 1986, 18 U.S.C. § 2706 ("ECPA") and section 36b-26(b) of the Connecticut Uniform Securities Act ("Act").
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You requested an opinion of this Office as to whether former State Treasurer Paul Silvester had the authority to exempt the Mohegan Tribal Gaming Authority (the "Tribe") from the Second Injury Fund ("the Fund") assessment, required of all state employers pursuant to Conn. Gen. Stat. § 31-354, and to bind the Fund to an apparent agreement for this purpose.
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You have asked for our opinion regarding the State Marshal Commission’s authority to investigate and, if appropriate, withdraw the appointment of a state marshal for improper conduct engaged in prior to December 1, 2000.
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You have requested our advice as to the required number of State Marshals in each county pursuant to the provisions of Conn. Gen. Stat. § 6-38. Specifically, you have requested a formal opinion of the Attorney General as to "whether the Commission has the discretion to determine whether to fill these vacancies or whether the Commission is required [to] fill all vacancies in every county up to the statutory maximum."
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In your letter of June 17, 2002, you requested that I issue an opinion regarding whether the $12,000.00 annual cap on compensation for members of the Connecticut Siting Council (Council) contained in Conn. Gen. Stat. § 16-50j (f) is a limit on total compensation or only compensation for attending hearings.
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You have asked for a formal opinion concerning the community behavioral health treatment program being developed at Natchaug Hospital in Mansfield, CT.
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This letter responds to the June 25, 2002 letter from Ann Stravalle-Schmidt, CRRA Director of Legal Services, seeking our opinion on several questions concerning the Separation Agreement between CRRA and former CRRA President Robert E. Wright that was approved by the previous CRRA Board of Directors. In particular, Stravalle-Schmidt asked: (1) whether the previous Board had the authority to enter into the agreement; (2) whether the language of ¶7 of the agreement — the provision concerning indemnification and reimbursement for legal expenses — was legally permissible; and (3) whether ¶7 of the agreement is enforceable against CRRA.
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Joseph D. D'Alesio, Judicial Branch, 2002-007 Formal Opinion, Attorney General of Connecticut
You have requested an opinion regarding an amendment to Conn. Gen. Stat. § 54-215, relating to the Criminal Injuries Compensation Fund. The purpose of that fund is to provide compensation and services for the victims of crimes.
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This letter is in response to your request, on behalf of the Waterbury Financial Planning and Assistance Board ("WFPAB"), for a formal legal opinion on three questions concerning the appointment of a 2002 Charter Revision Commission for the City of Waterbury.
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Honorable George Jepsen, State Capitol, 2002-011 Formal Opinion, Attorney General of Connecticut
You have requested our opinion regarding the responsibility for providing police services at the University of Connecticut Stadium at Rentschler Field in East Hartford and at the Adriaen’s Landing Project in Hartford.
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Honorable John G. Rowland, State Capitol, 2002-014 Formal Opinion, Attorney General of Connecticut
I write to supplement my opinion dated April 17, 2002, regarding the constitutionality of House Bill No. 5346, and to notify you of a United States Supreme Court decision providing powerful and decisive support for my conclusion that the measure is constitutional.