I.  INTRODUCTION

The public policy of the State of Connecticut is to protect children whose health and welfare may be adversely affected through injury and neglect; to strengthen families and to make homes safe for children by enhancing parental capacity for good child care; to provide a temporary or permanent nurturing and safe environment for children when necessary; and to require the reporting of suspected child abuse, investigation of child abuse reports by a social agency, and provision of services, where needed, to abused children and their families.[2]

Congress has found that over 2,000,000 reports of suspected child abuse and neglect are made each year.[3]  Congress has also found that there is a national need to enhance coordination among community agencies and professionals involved in a child abuse intervention system.[4]  Therefore, federal reporting requirements have been enacted for child abuse to be followed by individuals who are classified as mandated reporters.

The basic federal and Connecticut reporting requirements for child care providers who suspect or believe that a child has been abused or neglected are summarized herein.  Child care providers should note that they are responsible for maintaining a system of records regarding each child enrolled in their facility.  Providers are also responsible for developing policies and procedures for all employees in order to prevent and detect child abuse and neglect.  Therefore, this will outline certain provisions that should be considered by child care providers when developing such abuse and neglect policies and procedures.  Finally, guidance to providers on how to prevent abuse and neglect on the premises of the child care facility by an employee of the child care center is included.

This summary does not purport to be comprehensive or set forth the exclusive means of detecting or preventing abuse or neglect.  Providers in Connecticut are encouraged to search Department of Children and Families’ website, www.state.ct.us/dcf/; a brief official summary of the Connecticut regulations are at http://www.state.us.ct/dcf/reptlaw.htm. Providers on federal lands or in federally operated or contracted facilities can find a wealth of information at www.calib.com/nccanch/. Other useful information can be found on the Internet at:

- The National Child Welfare Resource Center on Legal and Judicial Issues at http://www.abanet.org/child/rclji/home.html.  The ABA Standards of Practice for Lawyers Representing a Child in Abuse and Neglect Cases is found at http://www.abanet.org/child/children.htm/.

- Childhelp USA® is a national organization that provides crisis assistance and other counseling and referral services. The Childhelp USA® National Child Abuse Hotline is staffed 24 hours a day, 7 days a week, with professional crisis counselors who have access to a database of 55,000 emergency, social service, and support resources. All calls are anonymous. Contact them at 1-800-4-A-CHILD. (1-800-422-4453) or http://www.childhelpusa.org/.

- The Administration for Children and Families (ACF) of the U.S. Department of Health and Human Services maintains a list of contact information for State, local, tribal, and private organizations that address a range of child, youth, and family issues.  See www.acf.hhs.gov/contacts.html.

- Other organizations include the Child Abuse Prevention Association, http://www.childabuseprevention.org/, the Child Abuse Prevention Network, www.child-abuse.com, and Join Hands, http://www.join-hands.com./.

 
II.  WHO MUST REPORT

The critical threshold inquiry is: who is required by law to report child abuse?  Pursuant to Connecticut law, a mandated reporter must report child abuse or neglect when he reasonably suspects that a child has been abused or neglected.[5]  The list of mandated reporters includes any person paid to care for a child in any public or private facility, day care center or family day care home licensed by the state.[6]  In addition to those who are mandated by law to report child abuse or neglect, any person who has reasonable cause to suspect that a child has been abused or neglected is also encouraged to make a report.[7]

Federal law provides that child care workers, whether paid employees or volunteers and administrators, are subject to the federal reporting requirements regarding child abuse.[8]

A training program, developed by the Department of Children and Families (“DCF”), is available for all persons mandated to report child abuse and neglect in Connecticut.[9]  All providers who work on federal lands or who are employed in federally operated or contracted facilities must receive periodic training regarding how to identify abused and neglected children and their obligation to report abuse. [10]

III.  WHAT MUST BE REPORTED

According to Connecticut law, a provider must report abuse or neglect when, in a professional capacity, there is reasonable cause to suspect or believe that any child under the age of eighteen years of age has been abused or neglected.[11]  The legal standard utilized to determine whether a belief or suspicion of abuse or neglect should be reported under Connecticut law is the reasonable person standard.  This essentially means that a provider must make a report of child abuse or neglect if another provider in similar circumstances would reasonably suspect or believe that a child has been abused or neglected. 

Connecticut regulations require licensed family day care providers to maintain an incident log for each enrolled child to record accidents, illnesses, unusual behaviors that occur at the facility and any other observations of the child made by the provider.[12]  It is very important for a provider to keep objective, written documentation concerning unexplained injuries and changes in a child’s behavior.  The documentation should give reference to the date of the injury and a brief description of the actual injury and conversations, if any, held with the child about the injury.  This documentation will permit the child care provider to review past records when determining whether a report is warranted.  This documentation may also be helpful in preventing liability for the child care center by illustrating the provider’s attentiveness and lack of negligence.  It will also assist the provider when he must submit a written report of the incident as described in more detail below.

The Connecticut General Statutes define “abused” as a child or youth who:

1. had physical injury or injuries inflicted upon him other than by accidental means; or

2. has injuries which are at variance with the history given of them; or

3.  is in a condition which is the result of maltreatment such as, but not limited to,  malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment.[13] 

1. has been abandoned; or

2. is being denied proper care and attention, physically, educationally, emotionally or morally; or

3. is being permitted to live under conditions, circumstances or associations injurious to the child’s well-being; or

4. has been abused.[14]
    

Under federal law, a person engaged in a professional capacity or activity as a child care worker or administrator who learns of facts that give reason to suspect that a child has suffered an incident of child abuse must make a report of the suspected abuse to an appropriate law enforcement agency as soon as possible.[15]  Federal law defines child abuse as the physical or mental injury, sexual abuse or exploitation or negligent treatment of a child.[16]  The term “negligent treatment” means the failure to provide, for reasons other than poverty, adequate food, clothing, shelter, or medical care so as to seriously endanger the physical health of the child.[17]  However, child abuse does not include discipline administered by a parent or legal guardian to a child, provided it is reasonable in manner and moderate in degree and does not constitute cruelty.[18]
 

IV.  REPORTING PROCEDURES

A child care facility should have appropriate reporting procedures and policies in place to adequately address cases of suspected or known abuse or neglect.  Separate procedures should be established depending upon whether (i) the person suspected of abusing or neglecting the child is a person other than a staff member of the child care center, or (ii) a staff member is suspected of having abused or neglected a child under the care of the child care facility.  The purpose of these procedures is to ensure that the child care center will respond quickly and accurately whenever a person is suspected of abusing a child.  The procedures should be written and posted in the facility.  Copies of the procedures should also be provided to all parents of children enrolled at the facility.

When a provider suspects or believes that a child has been abused or neglected, the provider should report the incident as soon as possible but no later than 12 hours after the incident.  The provider should call either DCF or an appropriate law enforcement agency.[19]  The responsible entity to decide whether to report is the licensed provider; this responsibility cannot be delegated to the day care director or other staff members.

If  providers suspect that the parent or guardian is responsible for the abuse or neglect to a child under its care, they are under no legal obligation to inform parents that they have made a report to DCF about their child. In these cases, reporters should not talk with parents before DCF investigates the allegations.  This may put the child at greater risk and interfere with DCF's investigation as well as any criminal investigation. If an employee at the child care center suspects that the owner of the facility or another employee of the facility has abused or neglected a child, the employee should contact the parent or responsible person for the child and the local law enforcement agency or DCF.  DCF provides a telephone hotline to receive reports of child abuse.[20]

Within forty-eight (48) hours of making an oral report of suspected abuse or neglect, the reporter must submit a written report to the Commissioner of Children and Families. The reporting form, DCF-136 is available on line and contains an excellent summary of the Connecticut law.[21]  A copy of this report must also be provided to the person in charge of the child care center. If the child care center is licensed by the State of Connecticut, a copy of the report must be provided to the chief executive of the state licensing agency.

All oral and written reports must contain the following information if known by the individual making the report:

                (1)  the names and addresses of the child and parents or other person responsible for the
                      child’ s care;

                (2)  the age of the child;

                (3)  the gender of the child;

                (4)  the nature of the child’s injury or neglect;

                (5)  the approximate date and time the injuries or neglect occurred;

                (6)  information concerning any previous incidents of injury or neglect of the child or siblings;

                (7)  how the reporter became aware of the injuries or neglect;

                (8)  the name of the person suspected of causing the injuries or neglect; and

                (9)  actions taken to assist the child.[22]

Federal law provides that every federally operated or contracted facility and all federal lands must have a standard written reporting form and disseminate the forms to all mandated reporters.  Although use of the forms are encouraged, providers may make reports orally by telephone or otherwise when necessary.[23]
 

V.  IMMUNITY OF REPORTER

In an effort to encourage people to report abuse and neglect, Connecticut law grants immunity from any civil or criminal liability to any provider who makes a report of abuse or neglect in good faith. In addition, providers are granted the same immunity with respect to any judicial proceeding that may result from the report as long as the provider did not perpetrate or cause the reported abuse or neglect. A provider is also granted immunity from civil and criminal liability and the resulting judicial proceedings if the provider fails to make a report of abuse or neglect in good faith. [24] A provider who knowingly makes a false report of abuse or neglect may be subject to monetary fines or imprisonment.[25]

The term good faith is a legal standard that describes a person who reasonably acts with an honest intention to be fair.  In other words, a provider would be acting in good faith if a truthful report of abuse and neglect based on evidence observed was made while acting in a professional capacity as a child care provider.  A provider would also be acting in good faith if  a report of abuse or neglect was not made because it was not reasonably suspected or known that a child was being abused or neglected.  If, however, a provider actually witnesses or suspects abuse or neglect and fails to make a report or if a false report is intentionally, purposely or knowingly made, immunity will not be available from civil and criminal liability or from potential judicial proceedings that may result from the false report or failure to make a report.[26]

Federal law also grants immunity to all persons who make reports of abuse in good faith.[27]  In addition, if a person who reports abuse is sued and prevails in the litigation, the court may order the plaintiff to pay the defendant’s legal expenses.  Immunity will not be granted to any person who makes a report of abuse or neglect while acting in bad faith.
 

VI.  AFTER THE REPORT IS MADE

Upon receiving a report of suspected or known abuse or neglect, a representative of the Commissioner of Children and Families will immediately classify and evaluate the report. If the representative of the Commissioner finds that the report contains enough information to warrant an investigation, best efforts will be used to commence an investigation within two (2) hours of receipt of the report if the reporter suspects imminent risk of physical harm to a child or if other emergency circumstances are present. Investigations pertaining to all other reports of child abuse will commence within 72 hours of receiving a report. Any investigation of abuse or neglect must be completed within 30 calendar days from the receipt of a report. [28]

The investigation must include a home visit.  During the home visit, the investigator must observe and make note of the names and ages of any siblings of the alleged abused or neglected child, a determination of the nature, extent and causes(s) of the reported abuse or neglect, a determination of the person(s) suspected to be responsible for the abuse or neglect and an evaluation of the parents and the home environment. The investigation must also include a review of criminal conviction information concerning the person(s) alleged to be responsible for the abuse or neglect, any previous allegations of abuse or neglect relating to any child in the house and any history of family violence. [29]  The investigator must also schedule a time to interview the child suspected of being abused or neglected.  The Commissioner must obtain the consent of the parent or guardian to interview the child unless the Commissioner has reason to believe the parent or guardian is responsible for the alleged abuse. In situations where consent is not required, the interview must take place in the presence of a disinterested adult unless immediate access to the child is necessary due to an imminent risk of harm and a disinterested adult is unavailable after a reasonable search has been made. [30]

Removal from Home

If, after the investigation, the Commissioner has probable cause to believe that the child or any child in the household is in imminent risk of physical harm from the surroundings and that removal from the surroundings is necessary to protect the child, the Commissioner may authorize the removal of the child without the consent of the parent or guardian.[31]  Removal of a child from a home may not exceed 96 hours.[32]  During this time, the Commissioner is responsible for the necessary care of the child which may include providing medical care.

If the Commissioner finds that removing the child from the home is necessary and will be required for more than 96 hours, the Commissioner may file a petition with the Connecticut Superior Court.[33]  A child-caring institution or agency approved by the Commissioner of Children and Families may also file a petition with the superior court.  The petition must set forth specific allegations of child abuse or neglect; state that there is reasonable cause to believe that the child is suffering from serious physical illness or serious physical injury, or is in immediate physical danger from the surroundings; and further state that as a result of these conditions the child’s safety is endangered and immediate removal from the surroundings is necessary to ensure the child’s safety.[34]    

The prospect of a petition to remove a child from home illustrates the importance for child care providers to develop and maintain a detailed reporting and filing system for suspected cases of abuse and neglect.  Child care providers may be required to testify as to what was observed and the reasons for making the report.  Any records will be helpful to document physical injuries and behavioral changes, or the absence thereof.
 

VII.  PREVENTION OF CHILD ABUSE WHILE IN PROVIDER’S CARE

Providers must take reasonable and appropriate precautions to prevent abuse or neglect of children while the child is in the care of the provider.  Providers should consider the following when developing abuse and neglect policies and procedures:

• a statement that the facility has a responsibility to prevent and report child abuse and neglect of children enrolled in the program or facility;

• definitions of child abuse and neglect as set forth in the Connecticut General Statutes or federal law;

• reporting requirements under the Connecticut General Statutes or federal law;

• DCF Hotline telephone number for reporting abuse or neglect (1-800-842-2288) in Connecticut;

• staff responsibilities when staff witnesses, or becomes aware of, abuse or neglect of a child enrolled in the program or facility;

• administrative responsibilities to protect children (including when to notify and when not to notify the parent or guardian) following an allegation of abuse or neglect of a child enrolled in the program or facility;

• steps to be taken to provide abused or neglected children with necessary medical services;

• administrative actions to be implemented if there is an allegation that a staff member has abused or neglected a child; 

• information that staff are protected by law from discrimination or retaliations for reporting abuse or neglect;

• staff training relating to the facility’s abuse and neglect policy, prevention and detection of child abuse and neglect, and reporting requirements as a mandated reporter;

• documentation requirements and records to be maintained; and

• provisions for informing parents of the facility’s abuse and neglect policies and procedures.[35]

In addition, employees in all child care centers should be given a description of the internal procedures to be followed when a staff member is suspected of abusing a child, how a report should be made and whom to notify.  All employees should also be given a detailed description of the role of a mandated reporter and the consequences for making a report in bad faith.

Providers should have a zero tolerance policy for abuse and neglect. Providers should also establish a procedure for disciplining children under their care.  Training programs for staff members should include a mandatory session on the appropriate and inappropriate techniques for disciplining children.  Providers should notify parents of the discipline procedure and provide a copy of the policy. 

Connecticut regulations state that providers may only use developmentally appropriate behavior management methods to discipline children under their care.  Such methods include positive guidance, redirection, and setting clear limits to encourage children to develop self-control, self-discipline, and positive self-esteem, while protecting them from harm to themselves or others.[36]  The provider must discuss behavior management methods used in the facility with the child’s parent prior to enrollment and regularly during the period the child remains enrolled.[37]  Providers should develop policies and procedures designed to prohibit abusive, neglectful, corporal, humiliating, or frightening punishment, and physical restraint, unless physical restraint is necessary to protect the health and safety of a child or other persons.[38]

IX. CONCLUSION

The primary responsibility of child care providers is to protect children from abuse and neglect.  The best interests of the children should always be of utmost concern to providers.  Providers should adhere to federal and state laws regarding reporting suspected or known cases of abuse and neglect.  Additionally, providers must take steps to detect and prevent abuse and neglect from occurring on the premises of the child care facility.  Developing clear policies designed to prevent child abuse and neglect, and careful implementation of such policies, are important precautionary measures.  Adherence to the guidelines set forth in this summary will help prevent abuse and neglect.  Implementation of federal and state reporting requirements will assist providers in detecting and properly reporting abuse and neglect when such cases do arise.