(a) “Department” means Department of Children and Families;

(b) “Commissioner” means the Commissioner of the Department of Children and Families;

(c) “Child” means any person under eighteen (18) years of age;

(d) “Reports of child abuse or neglect” or “referrals” means complaints received by DCF alleging that a person under the age of eighteen (18) has had physical injury or injuries inflicted upon him by a person responsible for such child's health, welfare or care, by a person entrusted with the care of such child, or by a person given access to such child by such responsible person, other than by accidental means or has injuries that are at variance with the history given of them, or is in a condition that is the result of maltreatment such as, but not limited to, malnutrition, sexual abuse, sexual exploitation, deprivation of necessities, emotional maltreatment, or cruel punishment, or has been abandoned or is being denied proper care and attention, physically, educationally, emotionally, or morally, or is being permitted to live under conditions, circumstances or associations injurious to his well-being;

(e) “Protective Services” means ongoing case management services provided by the Department after complaints of abuse or neglect, with or without the assumption of jurisdiction by a court;

(f) “A person responsible for such child's health, welfare or care” means a child's parent, guardian, foster parent, an employee of a public or private residential home, agency or institution or other person legally responsible under general statute for the child's health, welfare or care in a residential setting, or any staff person providing out of home care including child day care, family day care, group day care, and center based day care;

(g) “A person entrusted with the care of a child” means a person given access to a child by a person responsible for the health, welfare or care of a child for the purpose of providing education, child care, counseling, spiritual guidance, coaching, training, instruction, tutoring or mentoring of such child;

(h) “A person given access to a child” means a person to whom a person responsible for the child’s health, welfare or care or a person entrusted with the care of a child, has given permission to care for the child or has otherwise provided access to the child;

(i) “Guardian” means the person who has legal responsibility for the care and custody of a minor child pursuant to an order of a court of competent jurisdiction;

(j) “Hotline” means the Department of Children and Families’ centralized intake unit which receives all reports of child abuse or neglect made to the department;

(k) “Person Substantiated as a Person Responsible for Abuse or Neglect”  means an individual determined by the department to be responsible for (1) abuse, including physical injury or injuries inflicted upon a child other than by accidental means, or injuries that are at variance with the history given of them, or maltreatment such as, but not limited to, malnutrition, sexual molestation, deprivation of necessities, emotional maltreatment or cruel punishment; or, (2) neglect of a child including abandonment or denial of proper care and attention, physically, educationally, emotionally or morally of a child or permitting a child to live under conditions, circumstances or associations injurious to his well-being, or has been abused;

(l) “Substantiated” means that the department has found after investigation that there is  reasonable cause to believe that child abuse or neglect has occurred and that a specific person is the person responsible for  a given act of child abuse or neglect;

(m) “Central registry”or “ registry” means the record of persons who have been substantiated as persons responsible for an act or acts of child abuse or neglect and  whom the commissioner, based upon a standard of reasonable cause, has determined poses a risk to the health, safety or well-being of children pursuant to section 17a-101k of the Connecticut General Statutes; and

(n) “Expunge” means the deletion from the Department’s computerized system of unsubstantiated reports and investigations five years from the completion of the last unsubstantiated allegation provided that no referrals have been made on the case and there are no other substantiated reports.

 

(NEW)  Section 17a-101k-2.  Notice of Substantiation or Listing on Central Registry

(a) Any person who: (1) has been substantiated as a person responsible for child abuse or neglect; (2) is recommended for placement on the central registry; or, (3) is the parent or guardian of a child who has been substantiated as a person responsible for the abuse or neglect of a child shall be informed of any such finding by the department within five (5) business days of the completion of the investigation by first class mail sent to the person's last known address. 

 

(b) The notification required under subsection (a) of this section shall include: (1) the name of the child abused or neglected, (2)the date of the report, (3) the date of the substantiation, (4) the name of the alleged person responsible, (5) a short and plain description of the finding, and (6) the steps that must be followed to appeal the substantiation.

 

(c) The notification required under subsection (a) of this section shall also (1) inform the person responsible for the abuse or neglect of the existence of the registry, (2) if applicable, the Commissioner’s intention to place the name of the person responsible on the registry unless the person exercises the right to appeal the recommended finding, (3) inform the person responsible of the adverse consequences of being listed on the registry, including but not limited to the potential effect on the person obtaining or retaining employment, licensure or engaging in activities involving direct contact with children, (4) inform the person responsible to his or her right to administrative procedures to appeal the finding as provided in this regulation, and (5)  include a written form for the person responsible to sign and return, indicating whether the individual intends to invoke the appeal procedures provided for in this regulation.

 

(d) Any person or entity that denies employment, licensing or certification to another person based on the results of a search of the department's central registry shall inform the person who is denied employment, licensing or certification that such person is listed on the central registry.  The department shall instruct persons, agencies or other public or private entities requesting a background check for employment, licensing or certification purposes that: (1) they must inform the subject of the background check that he or she is listed in the central registry, as a person responsible for abuse or neglect: and (2) that the subject may be able to appeal the substantiation and recommendation for inclusion on the registry pursuant to sections 17a-101k-1 to 17a-101k-16, inclusive, of the Regulations of Connecticut State Agencies.

 

(NEW)  Section 17a-101k-3.  Criteria for Recommendation for Placement on Central Registry

(a) In order to place a person on the central registry the Commissioner, or the Commissioner’s designee shall make a finding that: (1) child abuse or neglect has occurred; (2) there is an identifiable person responsible for abuse or neglect; (3) the person poses a risk to the health, safety or well-being of children; and (4) the person should be recommended for placement on the central registry

 

(b) It is the obligation of the Department to justify the inclusion of a “person responsible” on the central registry.  Department staff shall be expected in all circumstances to demonstrate a determination based upon professional judgment.

 

(c) The identified person responsible shall be recommended  by the investigator and by the internal reviewer, and confirmed by the administrative hearing officer, for placement on the central registry when: (1) the substantiation is for sexual abuse and the person responsible is over sixteen (16) years of age; (2) there is a second substantiation for physical or emotional abuse; (3) the person responsible for  physical or emotional abuse is likely to have ongoing parent/guardian/caretaker or person entrusted responsibility for the victim and an assessment of risk indicates a moderate to high risk of recurrence of child maltreatment of the victim; (4) the person responsible for physical or emotional abuse is a person entrusted with the care of a child; (5) the person responsible is arrested for the act of abuse or neglect that is substantiated; or (6) a petition alleging that a child is neglected or uncared for, or a petition alleging grounds for the termination of parental rights  pursuant to section 46b-129 or section 17a-112 of the Connecticut General Statutes respectively, and based at least in part on the allegations that form the basis of the substantiation, is pending in Superior Court or on appeal. Nothwithstanding the foregoing, a recommendation for placement on the central registry based solely on an arrest as set forth in subsection (5) or a petition as set forth in subsection (6) shall be reversed upon a showing that the criminal or civil case  was finally disposed without a finding by a court that the identified person committed the act of child abuse or neglect that is the subject of the substantiation.

 

(d) In all other cases in which the department substantiates abuse or neglect by an identified person responsible, the investigator shall review the case for a determination of whether the person responsible poses a risk to the health, safety and well-being of children and should be recommended for placement on the central registry.  The investigator shall look at factors including the intent of the personal responsible, the severity of the impact on the child, and the chronicity of the conduct of the person responsible in making that determination, The investigator shall determine (1) if the person responsible intended to cause physical harm; (2) if the abuse or neglect was related to medically-defined malnutrition or failure to thrive and the person responsible had sufficient knowledge about the basic nutritional needs of the victim; or (3) if there is  documentation of cruelty by the person responsible for the abuse or neglect..

 

(e) Notwithstanding the determination of intent in subsection (d) of this section, the investigator  shall also determine the severity of the abuse or neglect that led to the substantiation, including, but not limited to: (1) whether the person responsible could have been reasonably expected to know that his or her actions had a high likelihood of resulting in serious injury to the victim; or (2) if the neglect or abuse resulted in death; rendering unconscious; concussion; internal head injury; lasting physical impairment of the normal functioning of the child; or from the perspective of qualified medical personnel, the necessity for immediate medical attention for the victim.  The investigator shall also consider if: (A) there was information that reasonably led to the conclusion that the substantiated neglect or abuse was not an isolated incident;(B) the amount of force used leading to the abuse or neglect of the child was unreasonable given the age, size or intellectual capacity of the child; (C) in the case of sex abuse and the person responsible is age sixteen (16) years or older , whether he or she was asked to participate in an evaluation to determine the risk of re-offending, and whether he or she refused to participate; or (D) in the case of sex abuse and the person responsible is under the age of sixteen (16), and an evaluation has been conducted by a licensed evaluator with expertise in determining the risk of re-offending who has concluded that the person responsible is at moderate to high risk of re-offending;

 

(f) In cases of emotional abuse or neglect, the investigator, or hearing officer if applicable, shall determine if: (1) there was information that led to the conclusion that the person responsible had reason to know that his or her acts or statements were cruel or unconscionable; (2) the person responsible could reasonably be expected to know that his or her acts or statements would be detrimental to the child’s health, safety or well-being; (3) whether the impact on the child is likely to be of lasting duration; or (4) there was information that led to the conclusion that the substantiated abuse or neglect was not an isolated incident.

 

(g) No person shall be recommended for placement on the central registry if the only substantiated allegation is educational neglect. 

 

(h) In cases of neglect, the investigator, and hearing officer if applicable,  shall determine if: (1)  there was reason to believe that the person responsible had sufficient knowledge and resources, the ability to utilize them and an understanding of the implications for failing to provide appropriate care, but made a conscious decision not to do so; (2) there was an adverse impact to the victim, or a serious disregard for the victim’s welfare; (3) the neglect associated with the death of a child and not what a reasonable person would consider an accident; (4) there is a pattern or chronic nature to the neglect regardless of the measurable impact to the victim; (5) there was a previous substantiation of neglect by the person responsible for the current abuse or neglect for an incident or conduct unrelated to the current incident or conduct; or (6) substance abuse or domestic violence was a significant contributing factor in the substantiation and the person responsible refused to acknowledge that factor, refused to take responsibility for the resulting conduct or failed to provide a viable plan to address the contributing factor.

 

(NEW)  Section 17a-101k-4.  Request for Internal Review

(a) Any person who: (1) has been substantiated as a person responsible for child abuse or neglect; (2) is recommended for placement on the central registry; or, (3) is the parent or guardian of a child who has been substantiated as a person responsible for child abuse or neglect, and who disagrees with such finding may be entitled to an internal review of the finding and, if applicable, an appeal of the finding.

 

(b) Prior to initiating an appeal, the person responsible or his or her legal representative  shall send a written request for an internal review to the department office or unit that conducted the investigation within thirty (30) days of the date of the notification letter sent by the department pursuant to section 17a-101k-2 of the Regulations of Connecticut State Agencies.

 

(c) A request for an internal review shall be denied by the department when a criminal court proceeding has been finally disposed with a finding by the court that the identified person committed the act of child abuse or neglect that is the subject of the substantiation

 

(d) A request for an internal review shall be denied by the department when a civil court proceeding has been finally disposed with a finding by the court that the identified person committed the act of child abuse or neglect that is the subject of the substantiation

 

(e) An internal review may be deferred pending disposition of any civil or criminal court proceeding arising from the allegation of child abuse or neglect which is the subject of the review.

 

(NEW)  Section 17a-101k-5.  Conduct of the Internal Review

(a) Upon receipt by the department office or unit responsible for the abuse or neglect substantiation of a request for an internal review of such substantiation or recommendation for placement on the central registry, the office or unit’s designated reviewer shall commence a review of the case to determine whether the substantiation or recommendation for placement on the central registry is factually or legally deficient and ought to be reversed. 

 

(b) Prior to the completion of the internal review, the department shall provide the person responsible with all relevant documents in the possession of the department regarding the substantiation of abuse or neglect, as provided in subsection (m) of section 17a-28 of the Connecticut General Statutes.

 

(c) Such review shall be completed within thirty (30) days of receipt of such request for an internal review and shall consist of a review of all relevant information relating to the substantiation and/or recommended finding, including any documentation submitted by the person responsible or his representative for purposes of the review. Additionally, such review may, in the discretion of the reviewer, include a telephone conference or face-to-face meeting with the person responsible conducted for the purpose of gathering additional relevant information.   The internal reviewer shall also determine whether the investigator appropriately applied the factors set forth in section 17a-101k-3 of the Regulations of Connecticut State Agencies.

 

(d) If the department fails to conduct an internal review within thirty (30) days of receipt of a request, the person responsible,  or parent or guardian of a person responsible who is a minor, may request a substantiation hearing from the department administrative hearings unit.

 

(e) If in the opinion of the designated reviewer, the substantiation or recommendation for placement on the central registry is factually or legally deficient, he or she shall direct that the substantiation or recommendation for placement on the central registry be reversed and shall take action to assure that the department's records are amended and such substantiation and/or recommendation for placement on the central registry is reversed.  The person requesting the review shall be informed of such reversal by certified mail within five (5) days of such determination.  Such amendment of the department's records shall be accomplished with all due haste.

 

(f) If in the opinion of the designated reviewer the substantiation or recommendation for placement on the central registry is legally and factually sufficient, the reviewer  shall inform the person responsible by certified mail within five (5) days of such determination.

 

(g) The written notice given pursuant to subsection (f) of this section shall include: (1) a reference to sections 17a-101k-1 to 17a-101k-16, inclusive, of the Regulations of Connecticut State Agencies; (2) the department’s grounds for the substantiation or recommendation for placement on the central registry; (3) the  right of the person responsible to a substantiation hearing; (4) how the person responsible shall apply for a substantiation hearing; and (5) notice that the request for a substantiation hearing must be made within thirty (30) days of receipt of the notice.

 

(h) A copy of the notice provided to the person responsible shall be maintained in the case record.

 

(NEW)  Section 17a-101k-6.  Request for a Substantiation Hearing

(a) Any person who: (1) has been substantiated as a person responsible of child abuse or neglect; or, (2) is recommended for placement on the central registry; or (3) is the parent or guardian of a child who has been substantiated as a person responsible for child abuse or neglect, and has received notice of the decision reach after an internal review as provided in section 17a-101k-5 of the Regulations of Connecticut State Agencies may request a substantiation hearing.

 

(b) The request shall be made by the person or his legal representative sending a written request for a substantiation hearing to the commissioner within thirty (30) days of the receipt of the decision reached after an internal review

 

(NEW)  Section 17a-101k-7.  Scheduling the Substantiation Hearing

(a) The substantiation hearing shall be scheduled by the department within thirty (30) days of the date the request is received by the commissioner.  Notice shall be provided in accordance with section 4-177 of the Connecticut General Statutes.

 

(a) The substantiation hearing shall be held in the office of the department unit that conducted the investigation or another location designated by the hearing officer.

 

(b) A substantiation hearing shall not be continued or postponed except when requested in writing and for good cause shown as determined by the hearing officer.

 

(c) A substantiation hearing may be consolidated with any other administrative hearings involving the subject of the substantiation hearing at the discretion of the hearing officer.

 

(d) The hearing officer may dismiss a substantiation hearing if the person responsible, with good cause shown, fails to attend a hearing after receiving notice.

 

 (e) A substantiation hearing may be deferred pending disposition of any civil or criminal court proceeding arising from or including the incident of abuse or neglect that is the subject of the substantiation hearing.

 

 (f) A request for a substantiation hearing shall be denied by the department when a criminal court proceeding has been finally disposed with a finding by the court that the identified person committed the act of child abuse or neglect that is the subject of the substantiation, and the recommendation for placement on the central registry shall be confirmed in accordance with subsection (c) of section 17a-101k-3 of the Regulations of Connecticut State Agencies.

 

(g) A request for a substantiation hearing shall be denied by the department when a civil court proceeding has been finally disposed with a finding by the court that the identified person committed the act of child abuse or neglect that is the subject of the substantiation. Notwithstanding the foregoing, the department shall proceed with a hearing for purposes of determining the legally sufficiency of the recommendation for placement on the central registry in any civil case that does not result in at least one finding listed in subsection (c) of section 17a-101k-3 of the Regulations of Connecticut State Agencies.

 

(NEW)  Section 17a-101k-8.  Conduct of the Substantiation Hearing

(a) The substantiation hearing shall be conducted by a hearing officer designated by the commissioner or designee. The agency’s case may be presented by any agency employee or other designee of the Commissioner. The person requesting the hearing may be represented by legal counsel.

 

(b) The hearing officer shall have the power to administer oaths and affirmations, subpoena witnesses and require the production of records, physical evidence, papers and documents to any hearing held in the case.

 

(c) The hearing officer shall have the authority to limit witnesses and take any other necessary actions that will facilitate the hearing process.

 

(d) No pre-hearing discovery shall be permitted except for the opportunity to inspect and copy relevant and material records, papers and documents.

 

(e) The department may amend its allegation(s) at any time prior to or at the start of the hearing, provided such amendment is writing and that the person responsible shall be granted, upon request, a continuance for the purpose of preparing a response to the amended allegation(s).

 

(f) The department’s investigative record including protocol, medical records and other materials used to substantiate abuse or neglect or the recommendation for placement on the central registry or submitted by the person responsible for use during the internal review shall be admitted as part of the hearing record.

 

(g) Any oral or documentary evidence may be received provided: (1) the hearing officer shall limit or exclude any evidence that is irrelevant, immaterial or unduly repetitious; (2) the hearing officer shall recognize the rules of privilege governing confidential, professional communications; (3) when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form; (4) documentary evidence may be received in the form of copies or excerpts, if the original is not readily available, and, upon request, parties shall be given an opportunity to compare the copy with the original; (5) notice may be taken of generally recognized technical or scientific facts within common knowledge or the agency’s specialized knowledge; (6) parties shall be notified in a timely manner of any material noticed, including any agency memoranda or data, and they shall be afforded an opportunity to contest the material so noticed; (7) the agency’s experience, technical compliance, and specialized knowledge may be used in the evaluation of the evidence; (8) all parties and their attorneys shall be permitted to examine all records and documents introduced by the parties to the hearing.  Should any record or document that a party was not permitted to examine in advance of the hearing be introduced, that party may request a continuance, which may be granted at the discretion of the hearing officer, to allow the requesting party an opportunity to prepare a response to the record or document; and (9) a party may present evidence and argument in support of his position on all issues involved and cross-examine witnesses presented by the opposing party or parties.

 

(h) The abused or neglected child who is the subject of the substantiation shall not testify in a substantiation hearing while that child is still a minor.

 

(i) The full proceedings of substantiation hearings shall be audio recorded.

 

(j) In a substantiation hearing the burden of proof shall be on the department to prove by a fair preponderance of the evidence submitted at the hearing, that the substantiation and the decision to place the name of the person responsible on the central registry, if applicable, was based on the proper application of the criteria set forth in section 17a-101k-3 of the Regulations of Connecticut State Agencies.

 

(k) The hearing shall be limited to the evidence available to the department at the time of the internal review, except that a party may be permitted to introduce additional evidence if the hearing officer finds, after an offer of proof, that the additional evidence is relevant and material, that the introduction of such evidence will promote the interests of justice, and that, in the exercise of due diligence,  the additional evidence could not have been available to and considered by the investigator or internal reviewer.

 

(NEW)  Section 17a-101k-9.  The Substantiation Hearing Record

The record shall include: (1) written notices related to the case; (2) all petitions, pleadings, motions and intermediate rulings, if any; (3) evidence received or considered; (4) questions and offers of proof, objections and rulings thereon; (5) the official recording of the proceedings; and (6) the final decision.

 

(NEW)  Section 17a-101k-10.  The Substantiation Hearing Decision

(a) The hearing officer shall be responsible for preparing the memorandum of decision that shall be mailed within thirty (30) days of the conclusion of the hearing to the: (1) parties or their attorneys; (2) the department Bureau Chief for Child Welfare; (3) administration and casework staff involved in the decision to substantiate; (4) hearings unit file; and (5) the department director of Legal Affairs..

 

(b) The memorandum of decision shall contain: (1) the names of the persons present, except that the name of the person responsible shall be represented by first name and last initial or other pseudonym; (2) the provisions of law, regulation and policy applicable to the case; (3) findings of fact; and (4) a statement of the reasoning on which the decision is based. The names of any child victim(s), other third parties who confidentiality should be protected pursuant to state or federal law, shall be represented by first name and last initial or other pseudonym. Such other information that tends to identify persons whose names are represented by pseudonym shall, wherever possible, be edited in such a manner as to protect the confidentiality of the individual.

 

(c) If the hearing officer reverses the substantiation decision of the department or the recommendation for placement on the central registry, the hearing officer shall direct that the department's records be amended with all due haste.

 

(NEW)  Section 17a-101k-11.  Reconsideration and Appeal

(a) Any party to a contest substantiation hearing may, within fifteen days after the personal delivery or mailing of the final decision, file with the agency a petition for reconsideration of the decision on the ground that: (A) An error of fact or law should be corrected; (B) new evidence has been discovered which materially affects the merits of the case and which for good reasons was not presented in the agency proceeding; or (C) other good cause for reconsideration has been shown. Within twenty-five days of the filing of the petition, the commissioner or her designee shall decide whether to reconsider the final decision. The failure of the commissioner or her designee to make that determination within twenty-five days of such filing shall constitute a denial of the petition.
 
(b) Within forty days of the personal delivery or mailing of the final decision, the commissioner or the commissioner’s designee, regardless of whether a petition for reconsideration has been filed, may decide to reconsider the final decision.  If the commissioner or the commissioner’s designee decides to reconsider a final decision, pursuant to this section or the previous section, the agency shall proceed in a reasonable time to conduct such additional proceedings as may be necessary to render a decision modifying, affirming, or reversing the final decision, provided such decision made after reconsideration shall be rendered not later than ninety days following the date on which the agency decides to reconsider the final decision. If the agency fails to render such decision made after reconsideration within such ninety-day period, the original final decision shall remain the final decision in the contested case for purposes of any appeal under the provisions of section 4-183 of the Connecticut General Statutes.
 
(c) On a showing of changed conditions, the agency may reverse or modify the final decision, at any time, at the request of any person or on the agency's own motion. The procedure  for contested cases shall be applicable to any proceeding in which such reversal or modification of any final decision is to be considered. The party or parties who were the subject of the original final decision shall be notified of the proceeding and shall be given the opportunity to participate in the proceeding.
 
(d) The agency may, without further proceedings, modify a final decision to correct any clerical error. A person may appeal that modification under the provisions of section 4-183 of the Connecticut General Statutes or, if an appeal is pending when the modification is made, may amend the appeal.

 

(e) Any person responsible for abuse or neglect who is aggrieved by the decision of the hearing officer may appeal the decision to the superior court in accordance with section 4-183 of the Connecticut General Statutes. Such person may also seek a stay of the adverse decision of the hearing officer’s decision from the commissioner in accordance with section 4-183(f) of the Connecticut General Statutes.

 

(NEW)  Section 17a-101k-12.  Substantiations prior to May 1, 2000

A person may appeal a substantiation of abuse or neglect made by the department prior to May 1, 2000 by sending a written request for an internal review to the department, unless such substantiation has already been appealed.

 

(NEW)  Section 17a-101k-13.  Disclosure

(a) The name of a person placed on the central registry may be disclosed outside the department pursuant to sections 17a-28 and 17a-101a to 17a-101k, inclusive, of the Connecticut General Statutes or as otherwise permitted by law. 

 

(b) The name of a person recommended for placement on the central registry shall not be disclosed outside the department pending final resolution of a contested substantiation filed pursuant to sections 17a-101k-1 through 17a-101k-16, inclusive of the Regulations of Connecticut State Agencies except as provided by sections 17a-28 and 17a-101a to 17a-101k, inclusive, of the Connecticut General Statutes or as otherwise permitted by law. 

 

(c) The facts underlying an investigation, whether substantiated or not, or whether or not the name of the person responsible is placed on the central registry may be included in a petition filed by the commissioner pursuant to section 17a-112, 45a-715 or 46b-129 of the Connecticut General Statutes, or an action to revoke a license issued by a state agency,  or as may otherwise be permitted by law, so long as the agency disclosing such facts also discloses whether the person was substantiated or unsubstantiated as a person responsible for abuse or neglect.

 

(d) In response to a request for a background check, the Hotline shall disclose only the following information: (1) whether the person is listed on the central registry as a person responsible for abuse or neglect, and, if so, (2) the substantiated allegations of abuse or neglect, and (3) the date(s) of the investigation(s).  If the person is listed on the central registry as a person responsible for abuse or neglect, the Hotline may also refer the requestor to the department office or unit that conducted the investigation for further information as authorized by law.  If the requestor is the Department of Public Health or Social Services, the Bureau of Child Welfare shall provide the investigation file, if requested.

 

(e) The Hotline shall not disclose: (1) the existence of an unsubstantiated allegation of abuse or neglect; (2) a substantiated allegation of abuse or neglect that has been appealed pursuant to policy sections 34-15-1 or 22-12-2, if the appeal is pending, except as provided in section 17a-101k-14 of the Regulations of Connecticut State Agencies;  (3) a substantiated allegation of abuse or neglect, if the time frame for requesting an appeal has not yet expired, or (4) a substantiated allegation of abuse or neglect if the person responsible was not recommended for inclusion on the central registry and all appeal periods have expired.

 

(f) The Hotline shall instruct persons, agencies or other public or private entities requesting a background check for licensing or employment purposes that: (1) they must inform the subject of the background check that he/she is listed in the central registry, as a person responsible for abuse or neglect: and (2) that the subject may be able to appeal the substantiation pursuant to sections 17a-101k-1 to 17a-101k-16, inclusive, of the Regulations of Connecticut State Agencies.

 

(NEW)  Section 17a-101k-14.  Disclosure Pending Appeal

(a) If the Hotline receives a request for a background check on a person before the time for requesting a substantiation appeal has expired or while an appeal is pending, the Hotline shall not disclose any information concerning the pending matter, except if the child abuse or neglect resulted in or involves: (1) the death of a child; (2) the risk of serious physical injury or emotional harm of a child; (3) the serious physical harm of a child; (4) the arrest of the person due to abuse or neglect of a child; (5) a neglect or termination of parental rights petition has been filed by the Commissioner; or (6) sexual abuse of a child.

 

(b) A substantiated allegation of child abuse or neglect that has been appealed and deferred because of a pending court matter shall not be disclosed while the court matter is pending except as provided in subsection (a) of this section. It shall be the appellant’s responsibility to notify the Department that the court matter is no longer pending and that the appellant would like to proceed with the appeal. If the appellant does not notify the Department within three years of the  date of deferral of the appeal, the appellant shall appear on the central registry, if so recommended in the original investigation.

 

(NEW)  Section 17a-101k-15.  Access to the Central Registry

(a) Access to the central registry shall be limited to duly authorized persons for purposes of obtaining information for the investigation of child abuse and neglect, background checks, and other uses permitted by law.

 

(b) Prospective employers, licensing authorities and other public agencies permitted by law, are permitted to request background checks for any person, provided they submit the request on a form provided by the Department for that purpose, signed by the subject of the background check.

 

(c) The Connecticut Departments of Public Health, Education and Social Services may request background checks under certain circumstances without signed releases pursuant to state statute.

 

(NEW)  Section 17a-101k-16.  Expungement

Reports of neglect and abuse that were not accepted by the Hotline shall be kept for sixty (60) days from the date the report is received and then expunged.  Reports of neglect and abuse that have been investigated and not substantiated shall be kept for five (5) years from the completion date of the investigation and then expunged.  If the Department has received more than one report on a person, and they are all unsubstantiated, they shall be expunged five (5) years from the completion date of the most recent investigation.  Unsubstantiated investigations will not be expunged if the person has been substantiated as a person responsible for abuse or neglect in any other investigation.  Reports of neglect and abuse that have been investigated and substantiated shall be kept in the department’s computerized database and hard copy record indefinitely.

 

Sec. 2.  Sections 17a-101-1 to 17a-101-10, inclusive, of the Regulations of Connecticut State Agencies are repealed.

 

 

Statement of Purpose:  To establish notice, hearing, and appeals protocols concerning the child abuse and neglect substantiation hearing process and provide guidelines for the child abuse and neglect central registry pursuant to the provisions of Public Act 05-207.