Substitute Senate Bill No. 494
          Substitute Senate Bill No. 494

              PUBLIC ACT NO. 97-319


AN  ACT  CONCERNING   THE   OFFICE  OF  THE  CHILD
ADVOCATE,  THE  REPORTING   OF   CHILD  ABUSE  AND
DISCLOSURE OF RECORDS  REGARDING  CHILD  ABUSE AND
APPOINTMENT OF COUNSEL  FOR  TRANSFER  OF INDIGENT
CHILD TO REGULAR CRIMINAL DOCKET.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section 1. Subsection  (d)  of section 46a-13k
of  the  general  statutes  is  repealed  and  the
following is substituted in lieu thereof:
    (d) The Child  Advocate  may, WITHIN AVAILABLE
FUNDS,  appoint  such   staff  as  may  be  deemed
necessary provided, for  the  fiscal  years ending
June 30, 1996, and June 30, 1997, such staff shall
not exceed one and one-half full-time positions or
the equivalent thereof.  The  duties  of the staff
may include the  duties  and  powers  of the Child
Advocate if performed  under  the direction of the
Child Advocate.
    Sec. 2. Subsection  (e)  of section 46a-13k of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (e)  The  General   Assembly   shall  annually
appropriate such sums as necessary for the payment
of the salaries  of  the staff and for the payment
of  office  expenses  and  other  actual  expenses
incurred by the  Child Advocate in the performance
of his duties. Any legal or court fees obtained by
the state in actions brought by the Child Advocate
shall be [dedicated  to  the  Office  of the Child
Advocate] DEPOSITED IN THE GENERAL FUND.
    Sec.  3.  Section   46a-13l   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) The Child Advocate shall:
    (1)  Evaluate  the  delivery  of  services  TO
CHILDREN by state agencies and those entities that
provide  services  to   children   through   funds
provided by the state;
    (2)   Review   periodically   the   procedures
established  by  any   state  [department]  AGENCY
providing services to  children  to  carry out the
provisions  of  sections   46a-13k   to   46a-13q,
inclusive, AS AMENDED  BY  THIS  ACT,  with a view
toward the rights of the children;
    [(3) Adopt regulations, in accordance with the
provisions  of  chapter   54,  to  carry  out  the
provisions  of  sections   46a-13k   to   46a-13q,
inclusive;]
    [(4)]  (3)  Review   complaints   of   persons
CONCERNING THE ACTIONS  OF  ANY STATE OR MUNICIPAL
AGENCY PROVIDING SERVICES  TO  CHILDREN AND OF ANY
ENTITY THAT PROVIDES  SERVICES TO CHILDREN THROUGH
FUNDS PROVIDED BY  THE STATE and investigate those
where it appears  that a child or family may be in
need of assistance from the child advocate;
    [(5)] (4) Periodically  review  the facilities
and procedures of  any  and  all  institutions  or
residences, public or  private,  where  a juvenile
has been placed  either  by the Family Division of
the Superior Court  or  the Department of Children
and Families;
    [(6)] (5) Recommend  changes in STATE policies
[and procedures for dealing with juvenile problems
and] CONCERNING CHILDREN  INCLUDING CHANGES in the
system of providing  JUVENILE JUSTICE, child care,
foster care and treatment;
    [(7)] (6) Take  all possible action including,
but not limited  to, conducting programs of public
education,  UNDERTAKING legislative  advocacy  and
making proposals for  systemic  reform  and formal
legal action, to  secure  and  ensure  the  legal,
civil and special rights of children who reside in
this state;
    [(8)]  (7)  Provide   training  and  technical
assistance to ATTORNEYS  REPRESENTING CHILDREN AND
guardians  ad  litem   [and   special   advocates]
appointed by the  Family  Division of the Superior
Court to represent  children in proceedings before
that court;
    [(9)] (8) Periodically  review  the  number of
special  needs children  in  any  foster  care  or
permanent care facility  and  recommend changes in
the policies and  procedures  for the placement of
such children; [and]
    [(10)] (9) Serve  or  designate  a  person  to
serve as a  member  of  the  child fatality review
panel  established  in   subsection  (b)  of  this
section; AND
    (10)  TAKE APPROPRIATE  STEPS  TO  ADVISE  THE
PUBLIC OF THE  SERVICES OF THE OFFICE OF THE CHILD
ADVOCATE, THE PURPOSE OF THE OFFICE AND PROCEDURES
TO CONTACT THE OFFICE.
    (b)  There is  established  a  child  fatality
review panel composed of seven members as follows:
A  pediatrician,  appointed  by  the  Governor;  a
representative of law  enforcement,  appointed  by
the president pro tempore of the Senate; the Child
Advocate, or his  designee; a public child welfare
practitioner, appointed by  the minority leader of
the  Senate;  a   representative  of  a  community
service [groups] GROUP appointed by the speaker of
the House of  Representatives; a medical examiner,
appointed by the  minority  leader of the House of
Representatives; and the  Chief  State's Attorney,
or his designee.  The chairperson shall be elected
from among the  panel's  members. The panel shall,
to  the  greatest  extent  possible,  reflect  the
ethnic, cultural and  geographic  diversity of the
state.
    (c) The panel  shall  review the circumstances
of the death  of a child who has received services
from a state department or agency addressing child
welfare,  social or  human  services  or  juvenile
justice.  Members  of   the  panel  shall  not  be
compensated  for  their   services,   but  may  be
reimbursed for necessary  expenses incurred in the
performance of their duties.
    Sec.  4.  Section   46a-13m   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    [(a) The Child  Advocate  shall have access to
the following information:
    (1)  The  name   of   a  child  in  protective
services, treatment or  other  programs  under the
jurisdiction  of  a  department  addressing  child
welfare  or juvenile  justice,  and  such  child's
location if in custody;
    (2) All written  reports  of  child  abuse and
neglect;
    (3)  All  current   records   required  to  be
maintained under the  provisions of sections 7-48,
7-50,  7-51,  10-209,   17a-28,  17b-90,  17b-225,
19a-25,  19a-499, 46b-11  and  subsection  (e)  of
section 46b-56; and
    (4) All records  of  state  agencies, schools,
police,  health and  medical  providers,  and  the
courts  as may  be  necessary  to  carry  out  the
responsibilities of the Child Advocate.
    (b)  To  the   extent   any  such  information
referenced in this  section provides the names and
addresses of individuals  who  are  the subject of
any  confidential  proceeding,   such   names  and
addresses or related  information  which  has  the
effect of identifying  such  individuals shall not
be released to  the  public without the consent of
such individuals.]
    (a)  NOTWITHSTANDING  ANY   PROVISION  OF  THE
GENERAL STATUTES CONCERNING THE CONFIDENTIALITY OF
RECORDS AND INFORMATION,  THE CHILD ADVOCATE SHALL
HAVE ACCESS TO, INCLUDING THE RIGHT TO INSPECT AND
COPY,  ANY RECORDS  NECESSARY  TO  CARRY  OUT  THE
RESPONSIBILITIES OF THE CHILD ADVOCATE AS PROVIDED
IN SUBSECTION (a)  OF  SECTION 46a-13l, AS AMENDED
BY SECTION 3 OF THIS ACT. IF THE CHILD ADVOCATE IS
DENIED ACCESS TO  ANY  RECORDS  NECESSARY TO CARRY
OUT SAID RESPONSIBILITIES, HE MAY ISSUE A SUBPOENA
FOR THE PRODUCTION  OF SUCH RECORDS AS PROVIDED IN
SUBSECTION (c) OF THIS SECTION.
    (b) IN THE PERFORMANCE OF HIS RESPONSIBILITIES
UNDER  SUBSECTION  (a)   OF  SECTION  46a-13l,  AS
AMENDED  BY SECTION  3  OF  THIS  ACT,  THE  CHILD
ADVOCATE MAY COMMUNICATE  PRIVATELY WITH ANY CHILD
OR PERSON WHO HAS RECEIVED, IS RECEIVING OR SHOULD
HAVE  RECEIVED  SERVICES   FROM  THE  STATE.  SUCH
COMMUNICATIONS SHALL BE  CONFIDENTIAL  AND  NOT BE
SUBJECT  TO  DISCLOSURE   EXCEPT  AS  PROVIDED  IN
SUBSECTION (a) OF  SECTION  46a-13n, AS AMENDED BY
SECTION 5 OF THIS ACT.
    (c) THE CHILD  ADVOCATE MAY ISSUE SUBPOENAS TO
COMPEL THE ATTENDANCE  AND  TESTIMONY OF WITNESSES
OR  THE PRODUCTION  OF  BOOKS,  PAPERS  AND  OTHER
DOCUMENTS AND TO  ADMINISTER OATHS TO WITNESSES IN
ANY MATTER UNDER  HIS INVESTIGATION. IF ANY PERSON
TO WHOM SUCH  SUBPOENA  IS  ISSUED FAILS TO APPEAR
OR, HAVING APPEARED,  REFUSES TO GIVE TESTIMONY OR
FAILS TO PRODUCE  THE EVIDENCE REQUIRED, THE CHILD
ADVOCATE MAY APPLY  TO  THE SUPERIOR COURT FOR THE
JUDICIAL DISTRICT OF  HARTFORD-NEW  BRITAIN  WHICH
SHALL HAVE JURISDICTION  TO  ORDER  SUCH PERSON TO
APPEAR  AND GIVE  TESTIMONY  OR  TO  PRODUCE  SUCH
EVIDENCE, AS THE CASE MAY BE.
    (d)  THE CHILD  ADVOCATE  MAY  APPLY  FOR  AND
ACCEPT GRANTS, GIFTS  AND  BEQUESTS  OF FUNDS FROM
OTHER STATES, FEDERAL  AND INTERSTATE AGENCIES AND
INDEPENDENT   AUTHORITIES   AND   PRIVATE   FIRMS,
INDIVIDUALS AND FOUNDATIONS,  FOR  THE  PURPOSE OF
CARRYING  OUT  HIS   RESPONSIBILITIES.   THERE  IS
ESTABLISHED  WITHIN  THE   GENERAL  FUND  A  CHILD
ADVOCATE  ACCOUNT  WHICH   SHALL   BE  A  SEPARATE
NONLAPSING ACCOUNT. ANY  FUNDS RECEIVED UNDER THIS
SUBSECTION  SHALL, UPON  DEPOSIT  IN  THE  GENERAL
FUND, BE CREDITED  TO SAID ACCOUNT AND MAY BE USED
BY THE CHILD  ADVOCATE  IN  THE PERFORMANCE OF HIS
DUTIES.
    Sec.  5.  Section   46a-13n   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    [The Child Advocate  shall  have the following
rights and powers:
    (1) To communicate privately by mail or orally
with any child  or  family  in  treatment or under
protective services;
    (2) To have  access,  including  the  right to
inspect, copy and  subpoena  records  held  by the
clerk  of the  Family  Division  of  the  Superior
Court, law enforcement, agencies and institutions,
public or private,  and  other agencies or persons
with  whom a  particular  child  has  been  either
voluntarily or otherwise  placed  for care, or has
received treatment within the state;
    (3) To take  whatever steps are appropriate to
see that persons are made aware of the services of
the Office of  the Child Advocate, its purpose and
how it can be contacted; and
    (4) To apply  for and accept grants, gifts and
bequests of funds  from  other states, federal and
interstate  agencies and  independent  authorities
and private firms,  individuals  and  foundations,
for  the  purpose   of  carrying  out  his  lawful
responsibilities.  The funds  shall  be  deposited
within the General  Fund  for ancillary funding of
the Office of the Child Advocate.]
    (a) THE NAME,  ADDRESS  AND  OTHER  PERSONALLY
IDENTIFIABLE INFORMATION OF  A  PERSON WHO MAKES A
COMPLAINT TO THE  CHILD  ADVOCATE  AS  PROVIDED IN
SECTION 46a-13l, AS  AMENDED  BY SECTION 3 OF THIS
ACT, ALL INFORMATION  OBTAINED OR GENERATED BY THE
OFFICE IN THE  COURSE  OF AN INVESTIGATION AND ALL
CONFIDENTIAL  RECORDS  OBTAINED   BY   THE   CHILD
ADVOCATE OR HIS DESIGNEE SHALL BE CONFIDENTIAL AND
SHALL  NOT BE  SUBJECT  TO  DISCLOSURE  UNDER  THE
FREEDOM OF INFORMATION  ACT  OR  OTHERWISE, EXCEPT
THAT  SUCH INFORMATION  AND  RECORDS,  OTHER  THAN
CONFIDENTIAL INFORMATION CONCERNING  A PENDING LAW
ENFORCEMENT    INVESTIGATION    OR    A    PENDING
PROSECUTION,  MAY  BE   DISCLOSED   IF  THE  CHILD
ADVOCATE DETERMINES THAT  DISCLOSURE IS (1) IN THE
GENERAL PUBLIC INTEREST OR (2) NECESSARY TO ENABLE
THE CHILD ADVOCATE TO PERFORM HIS RESPONSIBILITIES
UNDER  SUBSECTION  (a)   OF  SECTION  46a-13l,  AS
AMENDED BY SECTION  3  OF THIS ACT, PROVIDED IN NO
EVENT SHALL THE  NAME, ADDRESS OR OTHER PERSONALLY
IDENTIFIABLE INFORMATION OF  A PERSON BE DISCLOSED
WITHOUT THE CONSENT  OF  SUCH PERSON. IF THE CHILD
ADVOCATE    DETERMINES    THAT    DISCLOSURE    OF
CONFIDENTIAL  INFORMATION IS  NOT  IN  THE  PUBLIC
INTEREST BUT IS NECESSARY TO ENABLE HIM TO PERFORM
HIS  RESPONSIBILITIES  UNDER   SUBSECTION  (a)  OF
SECTION 46a-13l, AS  AMENDED  BY SECTION 3 OF THIS
ACT, OR TO IDENTIFY, PREVENT OR TREAT THE ABUSE OR
NEGLECT  OF  A   CHILD,   HE   MAY  DISCLOSE  SUCH
INFORMATION TO THE  APPROPRIATE AGENCY RESPONSIBLE
FOR THE WELFARE OF SUCH CHILD.
    (b)  NO  STATE   OR   MUNICIPAL  AGENCY  SHALL
DISCHARGE,  OR  IN   ANY  MANNER  DISCRIMINATE  OR
RETALIATE AGAINST, ANY  EMPLOYEE WHO IN GOOD FAITH
MAKES  A  COMPLAINT   TO  THE  CHILD  ADVOCATE  OR
COOPERATES WITH THE  OFFICE  OF THE CHILD ADVOCATE
IN AN INVESTIGATION.
    Sec. 6. Subsection  (b)  of section 46a-13k of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b) The Office  of the Child Advocate shall be
in the [Office  of  Protection  and  Advocacy  for
Persons with Disabilities]  FREEDOM OF INFORMATION
COMMISSION for administrative purposes only.
    Sec.  7.  Section   46a-13o   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) In addition  to  the  powers  set forth in
section 46a-13m, AS  AMENDED  BY SECTION 4 OF THIS
ACT, AND NOTWITHSTANDING  SECTION 3-125, the Child
Advocate, or his  designee, may represent, appear,
intervene in or  bring  an action on behalf of any
child [, with  the  consent of the parent or legal
guardian of such  child]  in any proceeding before
any court, agency,  board  or  commission  in this
state in which matters related to sections 46a-13k
to 46a-13q, inclusive, AS AMENDED BY THIS ACT, are
in issue. Prior  to  the institution of any action
brought pursuant to  this  subsection,  the  Child
Advocate shall make a good faith effort to resolve
issues or problems through mediation.
    (b) Any judgment for compensation or order for
settlement of the  claim  for compensation entered
by  the  court   pursuant  to  the  provisions  of
subsection (a) of this section shall be considered
as the estate  of  the child for whose benefit the
judgment or order  is  entered,  to be held by the
Office of THE  Child  Advocate as guardian of such
compensation, and shall  be deposited into a trust
account established by the office for the purposes
of  distributing  such  funds  to  such  child  in
accordance with the  plan  adopted  by  the Family
Division of the Superior Court.
    Sec. 8. Section 17a-28 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) As used in this section:
    (1) "Person" means (A) any individual named in
a record, maintained by the department, who (i) is
presently or at  any  prior  time was a ward of or
committed to the commissioner for any reason; [or]
(ii) otherwise received  services,  voluntarily or
involuntarily, from the  department;  OR  (iii) IS
PRESENTLY OR WAS  AT ANY PRIOR TIME THE SUBJECT OF
AN INVESTIGATION BY THE DEPARTMENT; (B) the parent
of a person,  as  defined  in  subparagraph (A) of
this subdivision, if  such  person  is a minor; or
(C) the authorized  representative of a person, as
defined in subparagraph  (A)  of this subdivision,
if such person is deceased;
    (2)  "Attorney" means  the  licensed  attorney
authorized to assert  the  confidentiality  of  or
right of access to records of a person;
    (3)   "Authorized  representative"   means   a
parent, guardian, conservator  or other individual
authorized to assert  the  confidentiality  of  or
right of access to records of a person;
    (4)  "Consent"  means   permission   given  in
writing  by  a   person,   his   attorney  or  his
authorized  representative to  disclose  specified
information,  within  a   limited   time   period,
regarding the person  to  specifically  identified
individuals;
    (5)  "Records" means  information  created  or
obtained in connection with the department's child
protection activities or  activities  related to a
child  while  in   the  care  or  custody  of  the
department, including information  in the registry
of reports to  be  maintained  by the commissioner
pursuant  to section  17a-101k,  provided  records
which are not  created  by  the department are not
subject to disclosure, except as provided pursuant
to subsection [(c), (i) or (k)] (e), (k) OR (m) of
this section;
    (6) "Disclose" means  (A)  to  provide an oral
summary of records maintained by the department to
an individual, agency, corporation or organization
or (B) to allow an individual, agency, corporation
or organization to review or obtain copies of such
records in whole, part or summary form.
    (b) Notwithstanding the  provisions of section
1-19, 1-19a or  1-19b,  records  maintained by the
department shall be  confidential and shall not be
disclosed. Such records  of any person may only be
disclosed, in whole or in part, to any individual,
agency,  corporation  or   organization  with  the
consent of the  person  or  as  provided  in  this
section.  Any  unauthorized  disclosure  shall  be
punishable by a fine of not more than one thousand
dollars or imprisonment  for  not  more  than  one
year, or both.
    (c) When information concerning an incident of
abuse or neglect  has been made public or when the
commissioner  reasonably believes  publication  of
such information is  likely,  the  commissioner or
his designee may  disclose,  with  respect  to  an
investigation  of  such   abuse  or  neglect:  (1)
Whether the department  has  received  a report in
accordance   with  [section   17a-101b]   SECTIONS
17a-101a  TO  17a-101c,   INCLUSIVE,   or  section
17a-103, and (2)  in  general  terms,  any  action
taken by the  department,  provided names or other
individually identifiable information of the minor
victim  or  other   family  member  shall  not  be
disclosed,   notwithstanding   such   individually
identifiable information is otherwise available.
    (d)  The  commissioner   shall,  upon  written
request,   disclose  the   following   information
concerning agencies licensed  by the Department of
Children and Families, except foster care parents,
relatives  of  the  child  who  are  certified  to
provide  foster  care   or   prospective  adoptive
families: (1) The  name  of  the licensee; (2) the
date the original  license  was  issued;  (3)  the
current status of  the  license;  (4)  whether  an
agency investigation or  review  is pending or has
been completed; and (5) any licensing action taken
by the department  at  any  time during the period
such license was  issued  and  the reason for such
action, provided disclosure  of  such  information
will not jeopardize a pending investigation.
    (e) The commissioner  or  his  designee shall,
upon request, promptly  provide copies of records,
without the consent  of  a  person,  to  (1) a law
enforcement agency, [and]  (2)  the  Chief State's
Attorney or his designee or a state's attorney for
the judicial district  in  which the child resides
or in which  the alleged abuse or neglect occurred
or his designee,  for purposes of investigating or
prosecuting  an  allegation   of  child  abuse  or
neglect, (3) ANY  STATE AGENCY WHICH LICENSES SUCH
PERSON TO CARE  FOR  CHILDREN  PURSUANT TO SECTION
17a-101j, AND (4)  THE GOVERNOR, WHEN REQUESTED IN
WRITING, IN THE  COURSE  OF HIS OFFICIAL FUNCTIONS
OR   THE   LEGISLATIVE    PROGRAM    REVIEW    AND
INVESTIGATIONS  COMMITTEE, THE  COMMITTEE  OF  THE
GENERAL ASSEMBLY ON JUDICIARY AND THE COMMITTEE OF
THE GENERAL ASSEMBLY  HAVING COGNIZANCE OF MATTERS
INVOLVING CHILDREN WHEN REQUESTED IN THE COURSE OF
SUCH COMMITTEES' OFFICIAL  FUNCTIONS  IN  WRITING,
AND  UPON  A  MAJORITY  VOTE  OF  SAID  COMMITTEE,
PROVIDED NO NAMES OR OTHER IDENTIFYING INFORMATION
SHALL BE DISCLOSED  UNLESS  IT IS ESSENTIAL TO THE
LEGISLATIVE   OR   GUBERNATORIAL    PURPOSE.   The
commissioner   shall   disclose    to   such   law
enforcement  agency or  attorney  any  part  of  a
record, whether or  not created by the department,
provided no confidential  record  of  the Superior
Court shall be  disclosed  other than the petition
and any affidavits filed therewith in the superior
court for juvenile  matters,  except upon an order
of a judge  of  the  Superior Court for good cause
shown. The commissioner  shall  also  disclose the
name of any  individual  who  cooperates  with  an
investigation  of  a  report  of  child  abuse  or
neglect to such  law enforcement agency or state's
attorney   for  purposes   of   investigating   or
prosecuting  an  allegation   of  child  abuse  or
neglect.
    (f)  When the  commissioner  or  his  designee
determines it to  be  in a person's best interest,
the  commissioner or  his  designee  may  disclose
records, WHETHER OR  NOT CREATED BY THE DEPARTMENT
AND  NOT  OTHERWISE   PRIVILEGED  OR  CONFIDENTIAL
COMMUNICATIONS UNDER STATE OR FEDERAL LAW, without
the consent of a person to:
    (1) Multidisciplinary teams  which  are formed
to  assist  the   department   in   investigation,
evaluation or treatment of child abuse and neglect
cases   or   a   multidisciplinary   provider   of
professional  treatment  services  under  contract
with the department  for  a  child referred to the
provider;
    (2)  Any agency  in  another  state  which  is
responsible   for  investigating   or   protecting
against child abuse  or neglect for the purpose of
investigating a child abuse case;
    (3)  An  individual,  including  a  physician,
authorized pursuant to section 17a-101f to place a
child in protective custody if such individual has
before him a child whom he reasonably suspects may
be  a  victim   of   abuse  or  neglect  and  such
individual requires the information in a record in
order to determine  whether  to place the child in
protective custody;
    (4) An individual  or public or private agency
responsible for a  person's  care  and custody and
authorized by the  department  to  diagnose,  care
for, treat or supervise a child who is the subject
of a record  of  child  abuse  or  neglect  for  a
purpose related to  the  individual's  or agency's
responsibilities;  [.  Such  records  may  include
petitions,     affidavits    and     psychological
evaluations contained in  records  of the superior
court for juvenile matters and any medical records
in the custody of the commissioner;]
    (5)  The Attorney  General  or  any  assistant
attorney general providing  legal  counsel for the
department;
    (6) Individuals or  public or private agencies
engaged in medical,  psychological  or psychiatric
diagnosis  or  treatment   of   a  person  [or  an
individual]  perpetrating  the  abuse  OR  WHO  IS
UNWILLING OR UNABLE  TO  PROTECT  THE  CHILD  FROM
ABUSE OR NEGLECT  when  the  commissioner  or  his
designee determines that  the disclosure is needed
to  accomplish  the  objectives  of  diagnosis  or
treatment;
    (7) A person  who reports child abuse pursuant
to  [section  17a-101b]   SECTIONS   17a-101a   TO
17a-101c, INCLUSIVE, AS  AMENDED  BY THIS ACT, and
section 17a-103, AS  AMENDED BY SECTION 17 OF THIS
ACT, who made  a  report  of  abuse  involving the
subject child, provided  the information disclosed
is limited to  (A) the status of the investigation
and (B) in  general terms, any action taken by the
department;
    [(8) The Governor,  when requested in writing,
in the course  of  his  official  functions or the
Legislative  Program  Review   and  Investigations
Committee,  the committee  on  judiciary  and  the
committee having cognizance  of  matters involving
children when requested  in  the  course  of  such
committees' official functions,  in  writing,  and
upon a majority  vote  of said committee, provided
no names or other identifying information shall be
disclosed   unless  it   is   essential   to   the
legislative or gubernatorial purpose;
    (9)] (8) An  individual  conducting  bona fide
research, provided no  information identifying the
subjects of records  shall be disclosed unless (A)
such information is  essential  to  the purpose of
the research; (B)  each  person  identified  in  a
record  or  his   authorized   representative  has
authorized such disclosure in writing; and (C) the
department has given written approval;
    [(10)] (9) The  Auditors of Public Accounts or
their  representative,  provided   no  information
identifying the subjects  of  the records shall be
disclosed unless such  information is essential to
an audit conducted pursuant to section 2-90.
    (g)  The  commissioner  or  his  designee  may
disclose the name,  address  and fees for services
to a person,  to  individuals or agencies involved
in  the collection  of  fees  for  such  services,
except as provided  in  section  17b-225. In cases
where a dispute arises over such fees or claims or
where   additional  information   is   needed   to
substantiate the fee  or claim, such disclosure of
further  information  shall   be  limited  to  the
following:  (1)  That   the  person  was  in  fact
committed   to  or   otherwise   served   by   the
department; (2) dates and duration of service; and
(3) a general  description  of  the service, which
shall include evidence that a service or treatment
plan exists and  has been carried out and evidence
to substantiate the  necessity  for  admission and
length of stay in any institution or facility.
    (h)   Notwithstanding   the    provisions   of
[subsection]  SUBSECTIONS  (f)  AND  (l)  of  this
section, the name of an individual reporting child
abuse or neglect  [who  is  not  mandated to do so
pursuant  to  section   17a-101,]   shall  not  be
disclosed without his  written  consent  except to
(1) an employee  of the department responsible for
child protective services  or  the abuse registry;
(2) a law  enforcement officer; (3) an appropriate
state's   attorney;  [or]   (4)   an   appropriate
assistant attorney general;  (5)  A  JUDGE  OF THE
SUPERIOR COURT AND  ALL  NECESSARY  PARTIES  IN  A
COURT PROCEEDING PURSUANT  TO  SECTION 46b-129, AS
AMENDED BY SECTION  19  OF THIS ACT, OR A CRIMINAL
PROSECUTION INVOLVING CHILD  ABUSE  OR NEGLECT; OR
(6) A STATE CHILD CARE LICENSING AGENCY, EXECUTIVE
DIRECTOR OF ANY INSTITUTION, SCHOOL OR FACILITY OR
SUPERINTENDENT  OF  SCHOOLS  PURSUANT  TO  SECTION
17a-101i, AS AMENDED BY SECTION 14 OF THIS ACT.
    (i)   Notwithstanding   the    provisions   of
subsection (f) of  this  section,  the name of any
individual who cooperates with an investigation of
a report of  child  abuse or neglect shall be kept
confidential upon request or upon determination by
the department that disclosure of such information
may be detrimental  to  the safety or interests of
the  individual,  except  the  name  of  any  such
individual   shall  be   disclosed   to   [a   law
enforcement agency, assistant  attorney general or
state's attorney pursuant  to  subsection  (e)  of
this section] THE PERSONS LISTED IN SUBSECTION (h)
OF THIS SECTION.
    (j)   Notwithstanding   the    confidentiality
provisions of this section, the commissioner, upon
request  of  an   employee,  shall  disclose  such
records  to  such   employee   or  his  authorized
representative  which  would   be  applicable  and
necessary  for  the   purposes   of   an  employee
disciplinary hearing or  appeal  from  a  decision
after such hearing.
    (k)  Information  disclosed  from  a  person's
record shall not  be disclosed further without the
written consent of the person, except if disclosed
to a party  or his counsel pursuant to an order of
a court in  which  a  criminal  prosecution  or an
abuse,   neglect,   commitment    or   termination
proceeding against the party is pending. A state's
attorney shall disclose  to  the  defendant or his
counsel in a  criminal  prosecution,  without  the
necessity   of   a    court   order,   exculpatory
information and material  contained in such record
and  may  disclose,   without   a   court   order,
information and material  contained in such record
which could be  the subject of a disclosure order.
All   written   records   disclosed   to   another
individual or agency  shall bear a stamp requiring
confidentiality in accordance  with the provisions
of  this  section.  Such  material  shall  not  be
disclosed to anyone without written consent of the
person or as  provided  by this section. A copy of
the consent form  specifying  to whom and for what
specific  use  the   record   is  disclosed  or  a
statement  setting  forth   any   other  statutory
authorization for disclosure  and  the limitations
imposed thereon shall  accompany  such  record. In
cases where the  disclosure  is  made  orally, the
individual disclosing the information shall inform
the recipient that such information is governed by
the provisions of this section.
    (l)  In  addition   to  the  right  of  access
provided in section  1-19,  any person, regardless
of age, his  authorized representative or attorney
shall have the  right  of  access  to  any records
made,  maintained  or   kept   on   file   by  the
department,  whether  or   not  such  records  are
required by any  law or by any rule or regulation,
when  those  records   pertain   to   or   contain
information  or materials  concerning  the  person
seeking access thereto,  including but not limited
to records concerning  investigations, reports, or
medical, psychological or psychiatric examinations
of the person  seeking  access  thereto,  provided
that (1) information identifying an individual who
reported abuse or  neglect  of a person, INCLUDING
ANY TAPE RECORDING  OF  AN ORAL REPORT PURSUANT TO
SECTION 17a-103, AS  AMENDED BY SECTION 17 OF THIS
ACT, shall not  be  released  [if  the  individual
requested that his  identity  be kept confidential
or  if  the   commissioner   determines  that  the
individual would be  endangered  by the release of
such information] UNLESS,  UPON APPLICATION TO THE
SUPERIOR COURT BY  SUCH  PERSON  AND SERVED ON THE
COMMISSIONER OF CHILDREN  AND  FAMILIES,  A  JUDGE
DETERMINES, AFTER IN CAMERA INSPECTION OF RELEVANT
RECORDS AND A  HEARING,  THAT  THERE IS REASONABLE
CAUSE TO BELIEVE  THE  REPORTER  KNOWINGLY  MADE A
FALSE REPORT OR  THAT  OTHER  INTERESTS OF JUSTICE
REQUIRE SUCH RELEASE;  and (2) if the commissioner
determines that it  would  be contrary to the best
interests  of  the   person   or   his  authorized
representative or attorney  to review the records,
he may refuse  access by issuing to such person or
representative  or attorney  a  written  statement
setting forth the  reasons  for  such refusal, and
advise the person,  his  authorized representative
or attorney of  the right to seek judicial relief.
When   any   person,    attorney   or   authorized
representative,  having  obtained  access  to  any
record, believes there  are  factually  inaccurate
entries or materials  contained  therein, he shall
have the unqualified  right  to add a statement to
the record setting forth what he believes to be an
accurate  statement  of   those  facts,  and  said
statement shall become  a  permanent  part of said
record.
    (m) (1) Any  person,  attorney  or  authorized
representative  aggrieved  by   a   violation   of
subsection (b), (e),  (f), (g), (h), (i) or (k) of
this section or of subsection (l) of this section,
except subdivision (2) of said subsection (l), may
seek  judicial  relief   in  the  same  manner  as
provided  in  section  52-146j;  (2)  any  person,
attorney  or  authorized   representative   denied
access  to  records   by  the  commissioner  under
subdivision (2) of  subsection (l) of this section
may petition the  superior  court  for  the  venue
district provided in  section 46b-142 in which the
person  resides  for   an   order   requiring  the
commissioner to permit  access  to  those records,
and the court  after  hearing,  and  an  in camera
review of the  records  in  question,  shall issue
such an order  unless it determines that to permit
such  access  would   be   contrary  to  the  best
interests   of   the    person    or    authorized
representative.
    (n)   The   commissioner    shall   promulgate
regulations pursuant to  chapter  54,  within  one
year of October  1,  1996, to establish procedures
for access to and disclosure of records consistent
with the provisions of this section.
    Sec.  9.  Section   17a-101a  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Any mandated reporter,  as  defined in section
17a-101,  who in  his  professional  capacity  has
reasonable cause to  suspect  or  believe that any
child under the  age  of  eighteen  years  [is  in
danger of being]  HAS  BEEN  abused, AS DEFINED IN
SECTION 46b-120, AS  AMENDED BY SECTION 18 OF THIS
ACT, or has  had nonaccidental physical injury, or
injury which is at variance with the history given
of such injury,  inflicted  upon  him  by a person
responsible for such  child's  health,  welfare or
care or by  a person given access to such child by
such responsible person, or has been neglected, as
defined in section  46b-120, shall report or cause
a  report  to  be  made  in  accordance  with  the
provisions  of  sections   17a-101b  to  17a-101d,
inclusive. Any person required to report under the
provisions of this  section who fails to make such
report shall be  fined  not more than five hundred
dollars.
    Sec. 10.  Section   17a-101b  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) An oral report shall be made by a mandated
reporter within twenty-four  hours  of [suspecting
or believing] HAVING  REASONABLE  CAUSE TO SUSPECT
OR  BELIEVE  that  a  child  has  been  abused  or
neglected  by  telephone   or  in  person  to  the
Commissioner of Children  and  Families  or  a law
enforcement agency. If  a  law  enforcement agency
receives  an oral  report,  it  shall  immediately
notify the Commissioner of Children and Families.
    (b) IF THE  COMMISSIONER OR HIS REPRESENTATIVE
SUSPECTS OR KNOWS  THAT  SUCH PERSON HAS KNOWINGLY
MADE A FALSE  REPORT,  THE IDENTITY OF SUCH PERSON
SHALL  BE  DISCLOSED   TO   THE   APPROPRIATE  LAW
ENFORCEMENT AGENCY AND  TO  THE PERPETRATOR OF THE
ALLEGED ABUSE.
    (c)  If  the   Commissioner  of  Children  and
Families,  or  his  designee,  receives  a  report
alleging sexual abuse  or  serious physical abuse,
including, but not  limited to, a report that: (1)
A child has  died;  (2)  a child has been sexually
assaulted; (3) a  child has suffered brain damage,
loss or serious impairment of a bodily function or
organ; (4) a child has been sexually exploited; or
(5) a child  has  suffered  serious  nonaccidental
physical  injury,  he  shall,  within  twenty-four
hours  of  receipt  of  such  report,  notify  the
appropriate law enforcement agency.
    [(b)] (d) When a mandated reporter, as defined
in  section  17a-101,   has  reasonable  cause  to
suspect or believe  that any child has been abused
or neglected by  a member of the staff of a public
or private institution  or  facility that provides
care for such  child  or public or private school,
he shall report  as  required in subsection (a) of
this section and  shall  also notify the person in
charge of such  institution, school or facility or
the person's designee.  Such  person in charge, or
his designee, shall  then  immediately  notify the
child's parent or other person responsible for the
child's care that a report has been made.
    Sec.  11.  Section  17a-101c  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    [Unless  a  mandated   reporter   has   orally
provided  the  information   required  by  section
17a-101d  to  the  Commissioner  of  Children  and
Families  within]  WITHIN   forty-eight  hours  of
making an oral  report,  a mandated reporter shall
submit a written  report  to  the  Commissioner of
Children and Families  or his representative. When
a mandated reporter  is a member of the staff of a
public or private  institution  or  facility  that
provides care for  such child or public or private
school he shall  also submit a COPY OF THE written
report  to  the   person   in   charge   of   such
institution, school or  facility  or  the person's
designee. In the  case  of  a  report concerning a
certified school employee,  a  COPY OF THE written
report shall also  be sent by the person in charge
of such institution,  school  or  facility  to the
Commissioner of Education  or  his representative.
In the case  of  an  employee  of  a  facility  or
institution that provides  care  for a child which
is licensed by  the  state,  a COPY OF THE written
report shall also be sent to the executive head of
the state licensing agency.
    Sec.  12.  Section  17a-101e  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) No employer  shall  discharge,  or  in any
manner  discriminate  or  retaliate  against,  any
employee who in good faith makes a report pursuant
to sections 17a-101a  to  17a-101d,  inclusive, AS
AMENDED  BY THIS  ACT,  and  section  17a-103,  AS
AMENDED BY SECTION 17 OF THIS ACT, testifies or is
about to testify in any proceeding involving child
abuse or neglect.  The  Attorney General may bring
an action in  Superior  Court  against an employer
who violates this subsection. The court may assess
a civil penalty of not more than two thousand five
hundred dollars and may order such other equitable
relief as the court deems appropriate.
    (b) Any person,  institution  or agency which,
in good faith,  makes,  OR  IN GOOD FAITH DOES NOT
MAKE, the report  pursuant to sections 17a-101a to
17a-101d, inclusive, AS  AMENDED  BY THIS ACT, and
section 17a-103, AS  AMENDED BY SECTION 17 OF THIS
ACT, shall be  immune from any liability, civil or
criminal, which might  otherwise  be  incurred  or
imposed and shall  have  the  same  immunity  with
respect to any  judicial  proceeding which results
from such report  provided  such  person  did  not
perpetrate or cause such abuse or neglect.
    (c) Any person  who  knowingly  makes  a false
report  of child  abuse  or  neglect  pursuant  to
sections  17a-101a  to   17a-101d,  inclusive,  AS
AMENDED  BY THIS  ACT,  and  section  17a-103,  AS
AMENDED BY SECTION  17 OF THIS ACT, shall be fined
not more than  two  thousand dollars or imprisoned
not more than one year or both.
    Sec.  13.  Section  17a-101g  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) Upon receiving  a report of child abuse as
provided in [section  17a-101b]  SECTIONS 17a-101a
TO 17a-101c, INCLUSIVE, AS AMENDED BY THIS ACT, OR
SECTION 17a-103, AS  AMENDED BY SECTION 17 OF THIS
ACT, the Commissioner of Children and Families, or
his  designee,  shall   cause  the  report  to  be
classified  and  evaluated   immediately.  If  the
report contains sufficient  information to warrant
an investigation, the  commissioner shall make his
best efforts to  commence  an  investigation  of a
report concerning an  imminent  risk  of  physical
harm to a  child  or  other  emergency  within two
hours of receipt  of the report and SHALL commence
AN  INVESTIGATION  OF  all  other  reports  within
seventy-two hours of  receipt  of  the report. The
department shall complete  any  such investigation
within thirty calendar  days  of  receipt  of  the
report.
    (b) The investigation  shall  include  a  home
visit at which  the  child  and  any  siblings are
observed, if appropriate,  a  determination of the
nature, extent and cause or causes of the reported
abuse or neglect, a determination of the person or
persons suspected to be responsible for such abuse
or neglect, the  name,  age and condition of other
children residing in  the  same  household  and an
evaluation of the parents and the home. The report
of such investigation  shall  be  in  writing. The
investigation  shall  also  include,  but  not  be
limited  to,  a   review  of  criminal  conviction
information  concerning  the   person  or  persons
alleged  to  be  responsible  for  such  abuse  or
neglect  and  previous  allegations  of  abuse  or
neglect relating to  the  child  or other children
residing in the  household  or  relating to family
violence.
    (c)  If  the   Commissioner  of  Children  and
Families, or his  designee,  has probable cause to
believe that the  child  or any other child in the
household is in  imminent  risk  of  physical harm
from his surroundings  and  that immediate removal
from such surroundings  is necessary to ensure the
child's safety, the commissioner, or his designee,
shall authorize any  employee of the department or
any law enforcement  officer  to  remove the child
and any other  child  similarly situated from such
surroundings without the  consent  of  the child's
parent or guardian.  The commissioner shall record
in  writing  the  reasons  for  such  removal  and
include  such  record   with  the  report  of  the
investigation conducted under  subsection  (b)  of
this section.
    (d)  The  removal   of  a  child  pursuant  to
subsection (c) of  this  section  shall not exceed
ninety-six  hours.  During   the  period  of  such
removal, the commissioner,  or his designee, shall
provide  the  child   with   all  necessary  care,
including  medical  care,  which  may  include  an
examination  by  a   physician  or  mental  health
professional with or  without  the  consent of the
child's   parents,  guardian   or   other   person
responsible  for  the   child's   care,   provided
reasonable  attempts  have  been  made  to  obtain
consent of the  child's  parents  or  guardian  or
other person responsible  for  the  care  of  such
child. During the course of a medical examination,
a  physician  may  perform  diagnostic  tests  and
procedures necessary for  the  detection  of child
abuse or neglect.  If  the  child  is not returned
home within such  ninety-six-hour  period, with or
without protective services,  the department shall
proceed in accordance  with  section  46b-129,  AS
AMENDED BY SECTION 19 OF THIS ACT.
    Sec.  14.  Section  17a-101i  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  Notwithstanding  any   provision  of  the
general statutes to  the  contrary,  [whenever  an
investigation   pursuant   to   section   17a-101g
produces evidence] AFTER AN INVESTIGATION HAS BEEN
COMPLETED AND THE  COMMISSIONER  OF  CHILDREN  AND
FAMILIES,   BASED  UPON   THE   RESULTS   OF   THE
INVESTIGATION,  HAS REASONABLE  CAUSE  TO  BELIEVE
that a child has been abused by a certified public
school  employee  in   a   position   requiring  a
certificate,  THE COMMISSIONER  SHALL  NOTIFY  THE
SUPERINTENDENT OF SUCH  FINDING  AND SHALL PROVIDE
RECORDS, WHETHER OR NOT CREATED BY THE DEPARTMENT,
CONCERNING    SUCH    INVESTIGATION     TO     the
superintendent  WHO  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. Within seventy-two
hours  after such  suspension  the  superintendent
shall  notify  the  local  or  regional  board  of
education and the  Commissioner  of  Education, or
his  representative,  of   the   reasons  for  and
conditions of the suspension. [Any decision by the
superintendent concerning such] THE SUPERINTENDENT
SHALL DISCLOSE SUCH RECORDS TO THE COMMISSIONER OF
EDUCATION  AND  LOCAL   OR   REGIONAL   BOARDS  OF
EDUCATION OR THEIR ATTORNEY FOR PURPOSES OF REVIEW
OF  EMPLOYMENT  STATUS   OR   CERTIFICATION.  SUCH
suspension shall remain  in effect until the board
of education acts  pursuant  to  the provisions of
section 10-151. If  the  contract of employment of
[a] SUCH certified  school employee is terminated,
[as a result  of an investigation pursuant to this
section,]  the  superintendent  shall  notify  the
Commissioner of Education,  or his representative,
within seventy-two hours  after  such termination.
Upon receipt of  [any  report required pursuant to
sections  17a-101a to  17a-101e,  inclusive]  SUCH
NOTICE FROM THE  SUPERINTENDENT,  the Commissioner
of Education may commence certification revocation
proceedings   pursuant  to   the   provisions   of
subsection (m) of section 10-145b. Notwithstanding
the  provisions  of   sections   1-19  and  1-19a,
information [contained in reports] received by the
Commissioner of Education,  or his representative,
pursuant  to  [sections   17a-101a   to  17a-101e,
inclusive,]  THIS SECTION  shall  be  confidential
subject to regulations  adopted by the State Board
of Education under section 10-145g.
    (b) [Whenever the  investigation,  pursuant to
section  17a-101g,  produces  evidence]  AFTER  AN
INVESTIGATION   HAS   BEEN   COMPLETED   AND   THE
COMMISSIONER OF CHILDREN  AND FAMILIES, BASED UPON
THE RESULTS OF  THE  INVESTIGATION, HAS REASONABLE
CAUSE TO BELIEVE that a child has been abused by a
staff member of a public or private institution or
facility providing care  for  children  or private
school, [such] THE  COMMISSIONER  SHALL NOTIFY THE
EXECUTIVE DIRECTOR OF  SUCH INSTITUTION, SCHOOL OR
FACILITY AND SHALL PROVIDE RECORDS, WHETHER OR NOT
CREATED   BY  THE   DEPARTMENT   CONCERNING   SUCH
INVESTIGATION  TO SUCH  EXECUTIVE  DIRECTOR.  SUCH
institution, school or  facility  may suspend such
staff person. Such  suspension  shall  be with pay
and shall not  result in diminution or termination
of  benefits to  such  employee.  Such  suspension
shall remain in effect until the incident of abuse
has   been   satisfactorily    resolved   by   the
[investigative agencies involved]  EMPLOYER OF THE
STAFF PERSON.
    (c) If a school employee or any person holding
a  certificate  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  [sections  17a-101a  and  17a-101h]
SECTION 46b-120, AS  AMENDED BY SECTION 18 OF THIS
ACT, or a  violation of section 53a-71 or 53a-73a,
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.
    (d) 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,  AS
AMENDED  BY THIS  ACT,  AND  SECTION  17a-103,  AS
AMENDED   BY   SECTION   17   OF   THIS   ACT,   a
superintendent  of  a   school   district   or   a
supervisory agent of a nonpublic school may assign
a designee to act on his behalf.
    (e) On or  before February 1, 1997, each local
and regional board  of  education  shall  adopt  a
written policy regarding  the  reporting by school
employees of suspected  child  abuse in accordance
with sections 17a-101a  to 17a-101d, inclusive, AS
AMENDED  BY THIS  ACT,  AND  SECTION  17a-103,  AS
AMENDED BY SECTION 17 OF THIS ACT.
    Sec.  15.  Section  17a-101j  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) After the investigation has been completed
and the Commissioner  of Children and Families has
reasonable cause to  believe  that sexual abuse or
serious physical abuse  of  a  child has occurred,
the commissioner shall  notify  the  Chief State's
Attorney or his designee or a state's attorney for
the judicial district  in  which the child resides
or in which  the  abuse or neglect occurred and to
the appropriate local law enforcement authority of
such belief and shall provide a copy of the report
required in [section  17a-101g]  SECTIONS 17a-101a
TO 17a-101c, INCLUSIVE,  AS  AMENDED  BY THIS ACT,
AND SECTION 17a-103,  AS  AMENDED BY SECTION 17 OF
THIS ACT.
    (b) Whenever a  report  has been made pursuant
to  [section  17a-101b]   SECTIONS   17a-101a   TO
17a-101c, INCLUSIVE, AS  AMENDED  BY THIS ACT, and
section 17a-103, AS  AMENDED BY SECTION 17 OF THIS
ACT, alleging that  abuse  or neglect has occurred
at an institution  or  facility that provides care
for children which  is subject to licensure by the
state  FOR  THE   CARING   OF   CHILDREN  and  the
Commissioner  of  Children   and  Families,  after
investigation,  has reasonable  cause  to  believe
abuse or neglect  has  occurred,  the commissioner
shall   forthwith   notify    the   state   agency
responsible for SUCH licensure of such institution
or  facility [of  such  information]  AND  PROVIDE
RECORDS, WHETHER OR NOT CREATED BY THE DEPARTMENT,
CONCERNING SUCH INVESTIGATION.
    (c) If, after  the investigation is completed,
the  commissioner  determines   that   the  person
inflicting abuse or  neglecting a child is in need
of treatment for substance abuse, the commissioner
shall refer such  person  to appropriate treatment
services.
    Sec.  16.  Section  17a-101k  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The  Commissioner  of  Children  and  Families
shall maintain a  registry of the reports received
pursuant  to  sections   17a-101a   to   17a-101d,
inclusive, AS AMENDED  BY  THIS  ACT,  AND SECTION
17a-103, AS AMENDED BY SECTION 17 OF THIS ACT, and
shall adopt regulations  to  permit the use of the
registry  on a  twenty-four-hour  daily  basis  to
prevent  or  discover   abuse   of  children.  The
information contained in the reports and any other
information  relative  to  child  abuse,  wherever
located, shall be  confidential  subject  to  such
STATUTES AND regulations  governing  their use and
access as shall  conform  to  the  requirements of
federal law or  regulations. Any violation of this
section  or  the   regulations   adopted   by  the
commissioner   under   this   section   shall   be
punishable by a fine of not more than one thousand
dollars or imprisonment  for  not  more  than  one
year.
    Sec.  17.  Section   17a-103  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) Any MANDATED  REPORTER  ACTING OUTSIDE HIS
PROFESSIONAL CAPACITY AND  ANY OTHER person [other
than those enumerated in subsection (b) of section
17a-101] having reasonable  cause  to  suspect  or
believe that any  child  under the age of eighteen
is in danger  of  being abused, or has been abused
or neglected, as  defined  in  section 46b-120, AS
AMENDED BY SECTION  18  OF  THIS  ACT, may cause a
written  or  oral   report   to  be  made  to  the
Commissioner  of  Children  and  Families  or  his
representative or a  law  enforcement  agency. The
Commissioner  of  Children  and  Families  or  his
representative  shall  use  his  best  efforts  to
obtain the name and address of a person who causes
a report to  be  made pursuant to this section. IN
THE CASE OF  AN  ORAL REPORT, SUCH REPORT SHALL BE
RECORDED  ON TAPE  AND  THE  COMMISSIONER  OR  HIS
REPRESENTATIVE SHALL ANNOUNCE TO THE PERSON MAKING
SUCH REPORT THAT SUCH REPORT IS BEING RECORDED AND
SHALL STATE THE  PENALTY  FOR  KNOWINGLY  MAKING A
FALSE  REPORT OF  CHILD  ABUSE  OR  NEGLECT  UNDER
SUBSECTION (c) OF  SECTION 17a-101e, AS AMENDED BY
SECTION 12 OF THIS ACT.
    (b) NOTWITHSTANDING THE  PROVISIONS OF SECTION
17a-101k, AS AMENDED BY SECTION 16 OF THIS ACT, IF
THE IDENTITY OF  ANY SUCH PERSON WHO MADE A REPORT
PURSUANT TO SUBSECTION  (a)  OF  THIS  SECTION  IS
KNOWN, AND THE  COMMISSIONER OR HIS REPRESENTATIVE
SUSPECTS OR KNOWS  THAT  SUCH PERSON HAS KNOWINGLY
MADE  A  FALSE  REPORT,  SUCH  IDENTITY  SHALL  BE
DISCLOSED  TO  THE   APPROPRIATE  LAW  ENFORCEMENT
AGENCY  AND TO  THE  PERPETRATOR  OF  THE  ALLEGED
ABUSE.
    (c)  IF  THE   COMMISSIONER  OF  CHILDREN  AND
FAMILIES,  OR  HIS  DESIGNEE,  RECEIVES  A  REPORT
ALLEGING SEXUAL ABUSE  OR  SERIOUS PHYSICAL ABUSE,
INCLUDING, BUT NOT  LIMITED TO, A REPORT THAT: (1)
A CHILD HAS  DIED;  (2)  A CHILD HAS BEEN SEXUALLY
ASSAULTED; (3) A  CHILD HAS SUFFERED BRAIN DAMAGE,
LOSS OR SERIOUS IMPAIRMENT OF A BODILY FUNCTION OR
ORGAN; (4) A CHILD HAS BEEN SEXUALLY EXPLOITED; OR
(5) A CHILD  HAS  SUFFERED  SERIOUS  NONACCIDENTAL
PHYSICAL  INJURY,  HE  SHALL,  WITHIN  TWENTY-FOUR
HOURS  OF  RECEIPT  OF  SUCH  REPORT,  NOTIFY  THE
APPROPRIATE LAW ENFORCEMENT AGENCY.
    Sec.  18.  Section   46b-120  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The terms used  in  this chapter shall, in its
interpretation and in  the interpretation of other
statutes, be defined as follows: (1) "Child" means
any person under sixteen years of age; (2) "youth"
means any person sixteen to eighteen years of age;
(3) "abused" means  that  a child or youth (A) has
had physical injury or injuries inflicted upon him
other  than  by   accidental  means,  or  (B)  has
injuries which are  at  variance  with the history
given of them,  or  (C) 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; (4) a
child may be  found  "mentally  deficient" who, by
reason of a  deficiency of intelligence, which has
existed from birth or from early age, requires, or
will  require,  for  his  protection  or  for  the
protection of others,  special  care,  supervision
and control; (5) a child may be found "delinquent"
(A) who has  violated  any federal or state law or
municipal  or  local   ordinance,  other  than  an
ordinance regulating behavior  of  a  child  in  a
family  with service  needs  as  defined  in  this
section or (B)  who  has violated any order of the
Superior Court; (6)  a child or youth may be found
"dependent" whose home  is a suitable one for him,
save for the  financial  inability of his parents,
parent, guardian or  other person maintaining such
home,  to  provide   the   specialized   care  his
condition requires; (7)  a  "family  with  service
needs" means a  family  which includes a child who
(A) has without  just  cause  run  away  from  his
parental home or  other  properly  authorized  and
lawful place of  abode;  (B) is beyond the control
of  his  parent,   parents,   guardian   or  other
custodian; (C) has  engaged in indecent or immoral
conduct; (D) is  a  truant  or  habitual truant or
who, while in  school,  has  been continuously and
overtly defiant of  school  rules and regulations;
or (E) is  thirteen  years of age or older and has
engaged in sexual  intercourse with another person
and such other  person is thirteen years of age or
older and not more than two years older or younger
than such child; (8) a child or youth may be found
"neglected" who (A)  has  been abandoned or (B) is
being   denied   proper    care   and   attention,
physically, educationally, emotionally  or morally
or  (C)  is   being   permitted   to   live  under
conditions,    circumstances    or    associations
injurious  to his  well-being,  or  (D)  has  been
abused; (9) a child or youth may be found "uncared
for" who is  homeless or whose home cannot provide
the specialized care which his physical, emotional
or mental condition  requires. For the purposes of
this section the  treatment  of  any  child  by an
accredited Christian Science  practitioner in lieu
of treatment by  a  licensed  practitioner  of the
healing  arts,  shall  not  of  itself  constitute
neglect  or maltreatment;  (10)  "delinquent  act"
means the violation of any federal or state law or
municipal  or  local   ordinance,  other  than  an
ordinance regulating the  behavior of a child in a
family with service needs, or the violation of any
order  of  the   Superior   Court;  (11)  "serious
juvenile offense" means  (A)  the  violation  by a
child, including attempt  or conspiracy to violate
sections 21a-277, 21a-278,  29-33,  29-34,  29-35,
53-21, 53-80a, 53-202b, 53-202c, 53-390 to 53-392,
inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to
53a-60c, inclusive, 53a-70  to  53a-71, inclusive,
53a-72b,  53a-86, 53a-92  to  53a-94a,  inclusive,
53a-95, 53a-101, 53a-102a,  53a-103a,  53a-111  to
53a-113, inclusive, subdivision  (1) of subsection
(a)  of  section   53a-122,   subdivision  (3)  of
subsection  (a)  of   section   53a-123,  53a-134,
53a-135,  53a-166,  53a-167c,  subsection  (a)  of
section  53a-174,  53a-196a,   53a-211,   53a-212,
53a-216 or 53a-217b,  or (B) running away, without
just cause, from  any  secure placement other than
home while referred  as  a delinquent child to the
Office of Alternative  Sanctions or committed as a
delinquent child to  the  Commissioner of Children
and Families for  a serious juvenile offense; (12)
"serious  juvenile  offender"   means   any  child
convicted  as  delinquent   for  commission  of  a
serious juvenile offense;  (13)  "serious juvenile
repeat offender" means  any child charged with the
commission  of  any   felony  if  such  child  has
previously been convicted  delinquent  at  any age
for two violations  of any provision of title 21a,
29, 53 or  53a  which  is  designated as a felony;
(14) "alcohol-dependent child" means any child who
has a psychoactive substance dependence on alcohol
as that condition  is  defined  in the most recent
edition of the  American Psychiatric Association's
"Diagnostic  and  Statistical   Manual  of  Mental
Disorders"; (15) "drug-dependent  child" means any
child who has  a psychoactive substance dependence
on drugs as  that condition is defined in the most
recent  edition  of   the   American   Psychiatric
Association's "Diagnostic and  Statistical  Manual
of Mental Disorders". No child shall be classified
as drug dependent  who  is  dependent  (A)  upon a
morphine-type substance as  an incident to current
medical  treatment  of   a  demonstrable  physical
disorder other than  drug  dependence, or (B) upon
amphetamine-type,   ataractic,   barbiturate-type,
hallucinogenic or other  stimulant  and depressant
substances  as  an  incident  to  current  medical
treatment   of   a    demonstrable   physical   or
psychological disorder, or  both,  other than drug
dependence.
    Sec. 19. Subsection  (d) of section 46b-129 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (d) Upon finding  and adjudging that any child
or youth is  uncared-for,  neglected or dependent,
the court may  commit  him  to the Commissioner of
Children and Families  for  a  maximum  period  of
twelve months, unless  such  period is extended in
accordance with the  provisions  of subsection (e)
of this section,  provided  such commitment or any
extension  thereof  may  be  revoked  or  parental
rights terminated at any time by the court, or the
court may vest  such  child's  or youth's care and
personal custody in  any  private or public agency
which is permitted  by  law to care for neglected,
uncared-for or dependent children or youth or with
any person found to be suitable and worthy of such
responsibility by the court. THE COURT SHALL ORDER
SPECIFIC  STEPS WHICH  THE  PARENT  MUST  TAKE  TO
FACILITATE THE RETURN OF THE CHILD OR YOUTH TO THE
CUSTODY OF SUCH  PARENT. The commissioner shall be
the  guardian of  such  child  or  youth  for  the
duration of the  commitment, provided the child or
youth has not  reached  the  age of eighteen years
or, in the  case  of a child or youth in full-time
attendance  in a  secondary  school,  a  technical
school,  a  college   or  a  state-accredited  job
training program, provided such child or youth has
not reached the  age  of twenty-one, by consent of
such youth, or  until  another  guardian  has been
legally appointed, and  in  like manner, upon such
vesting of his  care, such other public or private
agency or individual shall be the guardian of such
child or youth  until  he  has  reached the age of
eighteen years or, in the case of a child or youth
in full-time attendance  in  a secondary school, a
technical school, a  college or a state-accredited
job training program,  until  such  child or youth
has reached the  age  of twenty-one years or until
another guardian has  been legally appointed. Said
commissioner  may place  any  child  or  youth  so
committed to him  in  a suitable foster home or in
the home of  a  person  related  by  blood to such
child  or youth  or  in  a  licensed  child-caring
institution or in  the  care  and  custody  of any
accredited,  licensed  or   approved  child-caring
agency, within or  without  the  state, provided a
child shall not be placed outside the state except
for good cause  and  unless  the  parents  of such
child are notified  in  advance  of such placement
and given an  opportunity  to  be  heard,  or in a
receiving  home maintained  and  operated  by  the
Commissioner of Children  and Families. In placing
such child or  youth,  said commissioner shall, if
possible, select a  home,  agency,  institution or
person of like religious faith to that of a parent
of such child  or youth, if such faith is known or
may be ascertained by reasonable inquiry, provided
such  home  conforms  to  the  standards  of  said
commissioner  AND  THE  COMMISSIONER  SHALL,  WHEN
PLACING SIBLINGS, IF POSSIBLE, PLACE SUCH CHILDREN
TOGETHER. AS AN  ALTERNATIVE  TO  COMMITMENT,  THE
COURT MAY PLACE  THE  CHILD  IN THE CUSTODY OF THE
PARENT OR GUARDIAN  WITH PROTECTIVE SUPERVISION BY
THE COMMISSIONER OF  CHILDREN AND FAMILIES SUBJECT
TO CONDITIONS ESTABLISHED BY THE COURT.
    Sec. 20. (NEW)  The  Commissioner  of Children
and Families shall provide a telephone hotline for
child abuse that  shall  be  dedicated  to receive
reports of child abuse.
    Sec. 21. Subsection  (a) of section 46b-127 of
the general statutes,  as  amended by section 1 of
public act 97-4,  is repealed and the following is
substituted in lieu thereof:
    (a)  The court  shall  automatically  transfer
from  the  docket  for  juvenile  matters  to  the
regular criminal docket  of the Superior Court the
case of any child charged with the commission of a
capital  felony, a  class  A  or  B  felony  or  a
violation  of  section   53a-54d,   provided  such
offense was committed  after  such  child attained
the age of  fourteen  years  AND  COUNSEL HAS BEEN
APPOINTED  FOR  SUCH   CHILD   IF  SUCH  CHILD  IS
INDIGENT. SUCH COUNSEL  MAY  APPEAR WITH THE CHILD
BUT SHALL NOT BE PERMITTED TO MAKE ANY ARGUMENT OR
FILE ANY MOTION IN OPPOSITION TO THE TRANSFER. The
child shall be  arraigned  in the regular criminal
docket of the  Superior  Court  at  the next court
date following such transfer. The file of any case
so transferred shall remain sealed until the tenth
day following such  arraignment unless the state's
attorney  has filed  a  motion  pursuant  to  this
subsection in which  case  such  file shall remain
sealed until the  court  makes  a  decision on the
motion. A state's attorney may, not later than ten
working days after such arraignment, file a motion
to transfer the case of any child charged with the
commission of a  class  B felony to the docket for
juvenile  matters for  disposition  in  accordance
with the provisions  of  this  chapter.  The court
sitting for the  regular  criminal  docket  shall,
after hearing and  not later than ten working days
after  the filing  of  such  motion,  decide  such
motion.
    Sec. 22. This  act  shall  take effect July 1,
1997, except that  sections 1 to 5, inclusive, and
section 7 shall take effect October 1, 1997.

Approved July 10, 1997