4135/4235 Reports of Suspected Abuse or Neglect of Children of Reports of Sexual Assault of Students by School Employees

Conn. Gen. Stat. Section 17a-101 et seq. requires school employees who have  reasonable cause to suspect or believe (1) that any child under eighteen has been abused  or neglected, has had a nonaccidental physical injury, or injury which is at variance  with the history given of such injury, or has been placed at imminent risk of serious  harm, or (2) that any person who is being educated by the Technical Education and  Career System or a local or regional board of education, other than as part of an adult  education program, is a victim of sexual assault, and the perpetrator is a school  employee, to report such suspicions to the appropriate authority. In furtherance of this  statute and its purpose, it is the policy of the Newtown Board of Education (“Board”)  to require ALL EMPLOYEES of the Board of Education to report suspected abuse  and/or neglect, nonaccidental physical injury, imminent risk of serious harm, or sexual  assault of a student by a school employee, in accordance with the procedures set forth  below. 

1. Scope of Policy 

This policy applies not only to school employees who are required by law to  report suspected child abuse and/or neglect, nonaccidental physical injury,  imminent risk of serious harm, or sexual assault of a student by a school  employee, but to ALL EMPLOYEES of the Board of Education. 

2. Definitions 

For the purposes of this policy: 

"Abused" means that a child (a) has had physical injury or injuries inflicted  upon the child 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. 

"Neglected" means that a child (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 the child’s well-being, or (d) has been abused. 

"School employee" means (a) a teacher, substitute teacher, school administrator,  school superintendent, guidance counselor, school counselor, psychologist,  social worker, nurse, physician, school paraprofessional or coach employed by the Board or who is working in a Board elementary, middle or high school; or  (b) any other person who, in the performance of that person’s duties, has  regular contact with students and who provides services to or on behalf of  students enrolled in the Newtown Public Schools (“District”), pursuant to a  contract with the Board.

"Sexual assault" means, for the purposes of the mandatory reporting laws and  this policy, a violation of Sections 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b  or 53a-73a of the Connecticut General Statutes. Please see Appendix A of this 

policy for the relevant statutory definitions of sexual assault laws and related  terms covered by the mandatory reporting laws and this policy. 

"Statutorily mandated reporter" means an individual required by Conn. Gen.  Stat. Section 17a-101 et seq. to report suspected abuse and/or neglect of  children or the sexual assault of a student by a school employee. The term  "statutorily mandated reporter" includes all school employees, as defined above,  any person who is a licensed behavior analyst, and any person who holds or is  issued a coaching permit by the State Board of Education, is a coach of  intramural or interscholastic athletics, and is eighteen years of age or older. 

3. What Must Be Reported 

a) A report must be made when any employee of the Board of Education in  the ordinary course of such person’s employment or profession has  reasonable cause to suspect or believe that any child under the age of  eighteen years: 

i) has been abused or neglected; 

ii) has had nonaccidental physical injury, or injury which is  at variance with the history given for such injury, inflicted  upon the child; 

iii) is placed at imminent risk of serious harm; or 

b) A report must be made when any employee of the Board of Education in  the ordinary course of such person’s employment or profession has  reasonable cause to suspect or believe that any person, regardless of age,  who is being educated by the Technical Education and Career System or  a local or regional board of education, other than as part of an adult  education program, is a victim of the following sexual assault crimes,  and the perpetrator is a school employee: 

i) sexual assault in the first degree; 

ii) aggravated sexual assault in the first degree; 

iii) sexual assault in the second degree;

iv) sexual assault in the third degree; 

v) sexual assault in the third degree with a firearm; or 

vi) sexual assault in the fourth degree.

Please see Appendix A of this policy for the relevant statutory definitions  of sexual assault laws and related terms covered by the mandatory  reporting laws and this policy. 

c) The suspicion or belief of a Board employee may be based on factors  including, but not limited to, observations, allegations, facts or  statements by a child or victim, as described above, or a third party.  Such suspicion or belief does not require certainty or probable cause. 

4. Reporting Procedures for Statutorily Mandated Reporters 

The following procedures apply only to statutorily mandated reporters, as  defined above. 

a) When an employee of the Board of Education who is a statutorily  mandated reporter and who, in the ordinary course of the person's  employment, has reasonable cause to suspect or believe that a child has  been abused or neglected or placed at imminent risk of serious harm, or a  student is a victim of sexual assault by a school employee, as described in  Paragraph 3, above, the following steps shall be taken. 

(1) The employee shall make an oral or electronic report as soon as  practicable, but not later than twelve (12) hours after having  reasonable cause to suspect or believe that a child has been  abused or neglected or placed at imminent risk of serious harm,  or a student is a victim of sexual assault by a school employee. 

(a) An oral report shall be made by telephone or in person to the Commissioner of the Department of Children and Families  (“DCF”) or the local law enforcement agency. DCF has  established a 24 hour Child Abuse and Neglect Careline at 1- 800-842-2288 for the purpose of making such oral reports. 

(b) An electronic report shall be made in the manner prescribed  by the Commissioner of DCF. An employee making an  electronic report shall respond to further inquiries from the  Commissioner of DCF or Commissioner’s designee made  within twenty-four (24) hours. Such employee shall inform  the Superintendent or Superintendent’s designee as soon as  possible as to the nature of the further communication with  the Commissioner or Commissioner’s designee.

(2) The employee shall also make an oral report as soon as practicable to the Building Principal or Building Principal’s  designee, and/or the Superintendent or Superintendent’s designee.  If the Building Principal is the alleged perpetrator of the  abuse/neglect or sexual assault of a student, then the employee  shall notify the Superintendent or Superintendent’s designee directly. 

(3) In cases involving suspected or believed abuse, neglect, or sexual  assault of a student by a school employee, the Superintendent or  Superintendent’s designee shall immediately notify the child's parent or guardian that such a report has been made. 

(4) Not later than forty-eight (48) hours after making an oral report,  the employee shall submit a written or electronic report to the  Commissioner of DCF or the Commissioner’s designee  containing all of the required information. The written or  electronic report should be submitted in the manner prescribed by  the Commissioner of DCF. When such report is submitted  electronically, the employee shall respond to further inquiries  from the Commissioner of DCF or Commissioner’s designee  made within twenty-four (24) hours. Such employee shall inform  the Superintendent or Superintendent’s designee as soon as possible as to the nature of the further communication with the Commissioner or Commissioner’s designee. 

(5) The employee shall immediately submit a copy of the written or  electronic report to the Building Principal or Building Principal’s  designee and to the Superintendent or the Superintendent's  designee. 

(6) If the report concerns suspected abuse, neglect, or sexual assault  of a student by a school employee holding a certificate,  authorization or permit issued by the State Department of  Education, the Commissioner of DCF (or Commissioner of  DCF’s designee) shall submit a copy of the written or electronic  report to the Commissioner of Education (or Commissioner of  Education’s designee). 

5. Reporting Procedures for Employees Other Than Statutorily Mandated  Reporters 

The following procedures apply only to employees who are not statutorily  mandated reporters, as defined above. 

a) When an employee who is not a statutorily mandated reporter and who, in  the ordinary course of the person’s employment or profession, has reasonable cause to suspect or believe that a child has been abused or  neglected or placed at imminent risk of serious harm, or a student is a  victim of sexual assault by a school employee, as described in Paragraph  3, above, the following steps shall be taken. 

(1) The employee shall make an oral report as soon as practicable,  but not later than twelve (12) hours after the employee has  reasonable cause to suspect or believe that a child has been  abused or neglected or placed at imminent risk of serious harm or  a student is a victim of sexual assault by a school employee.  Such oral report shall be made by telephone or in person to the  Superintendent of Schools or Superintendent’s designee, to be  followed by an immediate written report to the Superintendent or Superintendent’s designee. 

(2) If the Superintendent or Superintendent’s designee determines  that there is reasonable cause to suspect or believe that a child has  been abused or neglected or placed at imminent risk of serious  harm or a student is a victim of sexual assault by a school  employee, the Superintendent or designee shall cause reports to  be made in accordance with the procedures set forth for statutorily mandated reporters. 

b) Nothing in this policy shall be construed to preclude an employee  reporting suspected child abuse, neglect or sexual assault by a school  employee from reporting the same directly to the Commissioner of DCF. 

6. Contents of Reports 

Any report made pursuant to this policy shall contain the following information,  if known: 

a) The names and addresses of the child* and the child’s parents or other  person responsible for the child’s care; 

b) the age of the child; 

c) the gender of the child; 

d) the nature and extent of the child's injury or injuries, maltreatment or  neglect; 

e) the approximate date and time the injury or injuries, maltreatment or  neglect occurred; 

f) information concerning any previous injury or injuries to, or  maltreatment or neglect of the child or the child’s siblings;

g) the circumstances in which the injury or injuries, maltreatment or neglect  came to be known to the reporter; 

h) the name of the person or persons suspected to be responsible for causing  such injury or injuries, maltreatment or neglect; 

i) the reasons such person or persons are suspected of causing such injury  or injuries, maltreatment or neglect; 

j) any information concerning any prior cases in which such person or  persons have been suspected of causing an injury, maltreatment or  neglect of a child; and 

k) whatever action, if any, was taken to treat, provide shelter or otherwise  assist the child. 

*For purposes of this Paragraph, the term “child” includes any victim of sexual  assault by a school employee, as described in Paragraph 3, above. 

7. Investigation of the Report 

a) The Superintendent or Superintendent’s designee shall thoroughly  investigate reports of suspected abuse, neglect or sexual assault if/when  such report involves an employee of the Board of Education or other  individual under the control of the Board, provided the procedures in  subparagraph (b), below are followed. In all other cases, DCF shall be  responsible for conducting the investigation with the cooperation and  collaboration of the Board, as appropriate. 

b) Recognizing that DCF is the lead agency for the investigation of child  abuse and neglect reports and reports of a student’s sexual assault by  school employees, the Superintendent's investigation shall permit and  give priority to any investigation conducted by the Commissioner of  DCF or the appropriate local law enforcement agency. The  Superintendent shall conduct the District’s investigation and take any  disciplinary action, consistent with state law, upon notice from the  Commissioner of DCF or the appropriate local law enforcement agency  that the District’s investigation will not interfere with the investigation of  the Commissioner of DCF or the local law enforcement agency. 

c) The Superintendent shall coordinate investigatory activities in order to  minimize the number of interviews of any child or student victim of  sexual assault and share information with other persons authorized to  conduct an investigation of child abuse or neglect or sexual assault, as  appropriate. 

d) Any person reporting child abuse or neglect or the sexual assault of a  student by a school employee, or having any information relevant to alleged abuse or neglect or of the sexual assault of a student by a school  employee, shall provide the Superintendent with all information related  to the investigation that is in the possession or control of such person,  except as expressly prohibited by state or federal law. 

e) When the school district is conducting an investigation involving  suspected abuse or neglect or sexual assault of a student by an employee  of the Board or other individual under the control of the Board, the  Superintendent’s investigation shall include an opportunity for the  individual suspected of abuse, neglect or sexual assault to be heard with  respect to the allegations contained within the report. During the course  of such investigation, the Superintendent may suspend a Board employee with pay or may place the employee on administrative leave with pay,  pending the outcome of the investigation. If the individual is one who  provides services to or on behalf of students enrolled in the District,  pursuant to a contract with the Board of Education, the Superintendent  may suspend the provision of such services, and direct the individual to  refrain from any contact with students enrolled in the District, pending  the outcome of the investigation.

8. Evidence of Abuse, Neglect or Sexual Assault by a School Employee  

a) If, upon completion of the investigation by the Commissioner of DCF  (“Commissioner”), the Superintendent has received a report from the  Commissioner that the Commissioner has reasonable cause to believe  that (1) a child has been abused or neglected by a school employee, as  defined above, and the Commissioner has recommended that such  employee be placed on the DCF Child Abuse and Neglect Registry, or  (2) a student is a victim of sexual assault by a school employee, the  Superintendent shall request (and the law provides) that DCF notify the  Superintendent not later than five (5) working days after such finding,  and provide the Superintendent with records, whether or not created by  DCF, concerning such investigation. The Superintendent 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. 

b) Not later than seventy-two (72) hours after such suspension, the  Superintendent shall notify the Board of Education and the  Commissioner of Education, or the Commissioner of Education's representative, of the reasons for and the conditions of the suspension.  The Superintendent shall disclose such records to the Commissioner of  Education and the Board of Education or its attorney for purposes of  review of employment status or the status of such employee's certificate,  permit or authorization, if any. 

c) The suspension of a school employee employed in a position requiring a  certificate shall remain in effect until the Superintendent and/or Board of  Education acts pursuant to the provisions of Conn. Gen. Stat. §10—151.. If the contract of employment of such certified school employee is  terminated, or such certified school employee resigns such employment,  the Superintendent shall notify the Commissioner of Education, or the  Commissioner of Education's representative, within seventy-two (72)  hours after such termination or resignation.

d) The suspension of a school employee employed in a position requiring an  authorization or permit shall remain in effect until the Superintendent  and/or Board of Education acts pursuant to any applicable termination  provisions. If the contract of employment of a school employee holding  an authorization or permit from the State Department of Education is  terminated, or such school employee resigns such employment, the  Superintendent shall notify the Commissioner of Education, or the  Commissioner of Education's representative, within seventy-two (72)  hours after such termination or resignation. 

e) Regardless of the outcome of any investigation by the Commissioner of  DCF and/or the police, the Superintendent and/or the Board, as  appropriate, may take disciplinary action, up to and including termination of employment, in accordance with the provisions of any  applicable statute, if the Superintendent’s investigation produces evidence that a child has been abused or neglected by a school employee or that a  student has been a victim of sexual assault by a school employee. 

f) The District shall not employ a person whose employment contract is  terminated or who resigned from employment following a suspension  pursuant to Paragraph 8(a) of this policy and Conn. Gen. Stat. § 17a 101i, if such person is convicted of a crime involving an act of child  abuse or neglect or an act of sexual assault of a student, as described in  Paragraph 2 of this policy. 

9. Evidence of Abuse, Neglect or Sexual Assault by an Independent Contractor of  the Board of Education 

If the investigation by the Superintendent and/or the Commissioner of DCF  produces evidence that a child has been abused or neglected, or a student has  been sexually assaulted, by any individual who provides services to or on behalf  of students enrolled in the District, pursuant to a contract with the Board, the  Superintendent shall permanently suspend the provision of such services, and  direct the individual to refrain from any contact with students enrolled in the  District. 

10. Delegation of Authority by Superintendent 

The Superintendent may appoint a designee for the purposes of receiving and  making reports, notifying and receiving notification, or investigating reports  pursuant to this policy.

11. Confidential Rapid Response Team 

The Superintendent shall establish a confidential rapid response team to  coordinate with DCF to (1) ensure prompt reporting of suspected abuse or  neglect or sexual assault of a student by a school employee, as described in  Paragraph 2, above, and (2) provide immediate access to information and  individuals relevant to the department’s investigation. The confidential rapid  response team shall consist of a teacher and the Superintendent, a local police  officer and any other person the Board of Education, acting through its  Superintendent, deems appropriate.

12. Disciplinary Action for Failure to Follow Policy  

Except as provided in Section 14 below, any employee who fails to comply with  the requirements of this policy shall be subject to discipline, up to and including  termination of employment. 

13. The District shall not hire any person whose employment contract was  previously terminated by a board of education or who resigned from such  employment, if such person has been convicted of a violation of Section 17a 101a of the Connecticut General Statutes, as amended, relating to mandatory  reporting, when an allegation of abuse or neglect or sexual assault has been  substantiated. 

14. Non-Discrimination Policy/Prohibition Against Retaliation 

The Board of Education expressly prohibits retaliation against individuals  reporting child abuse or neglect or the sexual assault of a student by a school  employee and shall not discharge or in any manner discriminate or retaliate  against any employee who, in good faith, makes a report pursuant to this policy,  or testifies or is about to testify in any proceeding involving abuse or neglect or  sexual assault by a school employee. The Board of Education also prohibits any  employee from hindering or preventing or attempting to hinder or prevent any  employee from making a report pursuant to this policy or state law concerning  suspected child abuse or neglect or the sexual assault of a student by a school  employee or testifying in any proceeding involving child abuse or neglect or the  sexual assault of a student by a school employee. 

15. Distribution of Policy, Guidelines and Posting of Careline Information 

This policy shall annually be distributed electronically to all school employees  employed by the Board. The Board shall document that all such school  employees have received this written policy and completed the training and  refresher training programs required by in Section 16, below. Guidelines  regarding identifying and reporting child sexual abuse developed by the  Governor’s task force on justice for abused children shall annually be distributed  electronically to all school employees, Board members, and the parents or  guardians of students enrolled in the schools under the jurisdiction of the Board. 

The Board shall post the Internet web site address and telephone number for the  DCF Child Abuse and Neglect Careline in a conspicuous location frequented by  students in each school under the jurisdiction of the Board. 

16. Training 

a) All new school employees, as defined above, shall be required to  complete an educational training program for the accurate and prompt  identification and reporting of child abuse and neglect. Such training  program shall be developed and approved by the Commissioner of DCF. 

b) All school employees, as defined above, shall take a refresher training  course developed and approved by the Commissioner of DCF at least  once every three years. 

c) The principal for each school shall annually certify to the Superintendent  that each school employee, as defined above, working at such school, is  in compliance with the training provisions in this policy and as required  by state law. The Superintendent shall certify such compliance to the  State Board of Education. 

d) Beginning July 1, 2023, all school employees, as defined above, shall  complete the (1) training regarding the prevention and identification of,  and response to, child sexual abuse and assault; (2) bystander training  program; and (3) appropriate interaction with children training program.  Each employee must repeat these trainings at least once every three  years. Such trainings shall be identified or developed by DCF. 

17. Records 

a) The Board shall maintain in a central location all records of allegations,  investigations, and reports that a child has been abused or neglected by a  school employee employed by the Board or that a student has been a  victim of sexual assault by a school employee employed by the Board, as  defined above, and conducted in accordance with this policy. Such  records shall include any reports made to DCF. The State Department of  Education shall have access to such records upon request. 

b) Notwithstanding the provisions of Conn. Gen. Stat. §10-151c, the Board  shall provide the Commissioner of DCF, upon request and for the  purposes of an investigation by the Commissioner of DCF of suspected  child abuse or neglect by a teacher employed by the Board, any records  maintained or kept on file by the Board. Such records shall include, but  not be limited to, supervisory records, reports of competence, personal  character and efficiency maintained in such teacher's personnel file with  reference to evaluation of performance as a professional employee of the  Board, and records of the personal misconduct of such teacher. For  purposes of this section, "teacher" includes each certified professional employee below the rank of superintendent employed by the Board in a  position requiring a certificate issued by the State Board of Education. 

18. Child Sexual Abuse and/or Sexual Assault Response Policy and Reporting  Procedure 

The Board has adopted a uniform child sexual abuse and/or sexual assault  response policy and reporting procedure in connection with the implementation  of the sexual assault and abuse prevention and awareness program identified or  developed by DCF, as outlined in Board Policy 5128, Child Sexual Abuse and Sexual Assault Response Policy and Reporting Procedure. Upon receipt of  any report of child sexual abuse and/or sexual assault from any source, a school  employee shall report such suspicion to the Safe School Climate Coordinator in  addition to complying with the school employee’s obligations under this Policy  and the law regarding mandatory reporting of abuse, neglect and sexual assault. 

Beginning July 1, 2023, and annually thereafter, information regarding the  sexual abuse and assault awareness and prevention program identified or  developed by DCF shall be distributed electronically to all school employees,  Board members, and the parents or guardians of enrolled students.

Legal References: 

Connecticut General Statutes: 

Section 10-151 Employment of teachers. Definitions. Tenure.  Notice and hearing on failure to renew or 

termination of contract. Appeal. 

Section 10-221s Posting of Careline telephone number in schools.  Investigations of child abuse and neglect. 

Disciplinary action. 

Section 17a-101 et seq. Protection of children from abuse. Mandated  reporters. Educational and training programs. 

Model mandated reporting policy. 

Section 17a-101q Statewide Sexual Abuse and Assault Awareness  and Prevention Program. 

Section 17a-103 Reports by others. False reports. Notifications to  law enforcement agency. 

Section 46b-120 Definitions. 

Section 53a-65 Definitions. 

Public Act No. 22-87, “An Act Concerning the Identification and Prevention of and  Response to Adult Sexual Misconduct Against Children.” 

Public Act 23-47, “An Act Concerning Various Revisions to the Criminal Law and  Criminal Justice Statutes.”

Approved: November 19, 2024 NEWTOWN PUBLIC SCHOOLS  Newtown, Connecticut

Appendix A 

RELEVANT EXCERPTS OF STATUTORY DEFINITIONS OF SEXUAL ASSAULT AND RELATED TERMS COVERED BY MANDATORY  REPORTING LAWS AND THIS POLICY  

An employee of the Board of Education must make a report in accordance with this  policy when the employee of the Board of Education in the ordinary course of such  person’s employment or profession has reasonable cause to suspect or believe that any  person, regardless of age, who is being educated by the Technical Education and  Career System or a local or regional board of education, other than as part of an adult  education program, is a victim of the following sexual assault crimes, and the  perpetrator is a school employee. The following are relevant excerpts of the sexual  assault laws and related terms covered by mandatory reporting laws and this policy. 

Intimate Parts (Conn. Gen. Stat. § 53a-65) 

“Intimate parts” means the genital area or any substance emitted therefrom, groin, anus  or any substance emitted therefrom, inner thighs, buttocks or breasts. 

Sexual Intercourse (Conn. Gen. Stat. § 53a-65) 

“Sexual intercourse” means vaginal intercourse, anal intercourse, fellatio or  cunnilingus between persons regardless of sex. Penetration, however slight, is sufficient  to complete vaginal intercourse, anal intercourse or fellatio and does not require  emission of semen. Penetration may be committed by an object manipulated by the  actor into the genital or anal opening of the victim's body. 

Sexual Contact (Conn. Gen. Stat. § 53a-65) 

“Sexual contact” means (A) any contact with the intimate parts of a person for the  purpose of sexual gratification of the actor or for the purpose of degrading or  humiliating such person or any contact of the intimate parts of the actor with a person  for the purpose of sexual gratification of the actor or for the purpose of degrading or  humiliating such person, or (B) for the purposes of subdivision (4) of subsection (a) of  section 53a-73a, … any contact with the intimate parts of a dead human body, or any  contact of the intimate parts of the actor with a dead human body, for the purpose of  sexual gratification of the actor. 

Sexual Assault in the First Degree (Conn. Gen. Stat. § 53a-70) 

A person is guilty of sexual assault in the first degree when such person (1) compels  another person to engage in sexual intercourse by the use of force against such other  person or a third person, or by the threat of use of force against such other person or  against a third person which reasonably causes such person to fear physical injury to 

such person or a third person, or (2) engages in sexual intercourse with another person  and such other person is under thirteen years of age and the actor is more than two  years older than such person, or (3) commits sexual assault in the second degree as provided in section 53a-71 and in the commission of such offense is aided by two or  more other persons actually present, or (4) engages in sexual intercourse with another  person and such other person is mentally incapacitated to the extent that such other  person is unable to consent to such sexual intercourse. 

Aggravated Sexual Assault in the First Degree (Conn. Gen. Stat. § 53a-70a) 

A person is guilty of aggravated sexual assault in the first degree when such person  commits sexual assault in the first degree as provided in section 53a-70 and in the  commission of such offense (1) such person uses or is armed with and threatens the use  of or displays or represents by such person's words or conduct that such person  possesses a deadly weapon, (2) with intent to disfigure the victim seriously and  permanently, or to destroy, amputate or disable permanently a member or organ of the  victim's body, such person causes such injury to such victim, (3) under circumstances  evincing an extreme indifference to human life such person recklessly engages in  conduct which creates a risk of death to the victim, and thereby causes serious physical  injury to such victim, or (4) such person is aided by two or more other persons actually  present. No person shall be convicted of sexual assault in the first degree and  aggravated sexual assault in the first degree upon the same transaction but such person  may be charged and prosecuted for both such offenses upon the same information. 

Sexual Assault in the Second Degree (Conn. Gen. Stat. § 53a-71) 

A person is guilty of sexual assault in the second degree when such person engages in  sexual intercourse with another person and: (1) Such other person is thirteen years of  age or older but under sixteen years of age and the actor is more than three years older  than such other person; or (2) such other person is impaired because of mental  disability or disease to the extent that such other person is unable to consent to such  sexual intercourse; or (3) such other person is physically helpless; or (4) such other  person is less than eighteen years old and the actor is such person's guardian or  otherwise responsible for the general supervision of such person's welfare; or (5) such  other person is in custody of law or detained in a hospital or other institution and the  actor has supervisory or disciplinary authority over such other person; or (6) the actor  is a psychotherapist and such other person is (A) a patient of the actor and the sexual  intercourse occurs during the psychotherapy session, (B) a patient or former patient of  the actor and such patient or former patient is emotionally dependent upon the actor, or  (C) a patient or former patient of the actor and the sexual intercourse occurs by means  of therapeutic deception; or (7) the actor accomplishes the sexual intercourse by means  of false representation that the sexual intercourse is for a bona fide medical purpose by  a health care professional; or (8) the actor is a school employee and such other person  is a student enrolled in a school in which the actor works or a school under the  jurisdiction of the local or regional board of education which employs the actor; or (9)  the actor is a coach in an athletic activity or a person who provides intensive, ongoing  instruction and such other person is a recipient of coaching or instruction from the actor  and (A) is a secondary school student and receives such coaching or instruction in a  secondary school setting, or (B) is under eighteen years of age; or (10) the actor is  twenty years of age or older and stands in a position of power, authority or supervision  over such other person by virtue of the actor's professional, legal, occupational or volunteer status and such other person's participation in a program or activity, and such  other person is under eighteen years of age; or (11) such other person is placed or  receiving services under the direction of the Commissioner of Developmental Services  in any public or private facility or program and the actor has supervisory or disciplinary  authority over such other person. 

Sexual Assault in the Third Degree (Conn. Gen. Stat. § 53a-72a) 

A person is guilty of sexual assault in the third degree when such person (1) compels  another person to submit to sexual contact (A) by the use of force against such other  person or a third person, or (B) by the threat of use of force against such other person  or against a third person, which reasonably causes such other person to fear physical  injury to himself or herself or a third person, or (2) subjects another person to sexual  contact and such other person is mentally incapacitated or impaired because of mental  disability or disease to the extent that such other person is unable to consent to such  sexual contact, or (3) engages in sexual intercourse with another person whom the actor  knows to be related to him or her within any of the degrees of kindred specified in  section 46b-21. 

Sexual Assault in the Third Degree with a Firearm (Conn. Gen. Stat. § 53a-72b) A person is guilty of sexual assault in the third degree with a firearm when such person  commits sexual assault in the third degree as provided in section 53a-72a, and in the  commission of such offense, such person uses or is armed with and threatens the use of  or displays or represents by such person's words or conduct that such person possesses  a pistol, revolver, machine gun, rifle, shotgun or other firearm. No person shall be  convicted of sexual assault in the third degree and sexual assault in the third degree  with a firearm upon the same transaction but such person may be charged and  prosecuted for both such offenses upon the same information. 

Sexual Assault in the Fourth Degree (Conn. Gen. Stat. § 53a-73a) 

A person is guilty of sexual assault in the fourth degree when: (1) Such person subjects  another person to sexual contact who is (A) under thirteen years of age and the actor is  more than two years older than such other person, or (B) thirteen years of age or older  but under fifteen years of age and the actor is more than three years older than such 

other person, or (C) physically helpless, or (D) less than eighteen years old and the  actor is such other person's guardian or otherwise responsible for the general  supervision of such other person's welfare, or (E) in custody of law or detained in a  hospital or other institution and the actor has supervisory or disciplinary authority over  such other person; or (2) such person subjects another person to sexual contact without  such other person's consent; or (3) such person engages in sexual contact with an  animal; or (4) such person engages in sexual contact with a dead human body; or (5)  such person is a psychotherapist and subjects another person to sexual contact who is  (A) a patient of the actor and the sexual contact occurs during the psychotherapy  session, or (B) a patient or former patient of the actor and such patient or former  patient is emotionally dependent upon the actor, or (C) a patient or former patient of the  actor and the sexual contact occurs by means of therapeutic deception; or (6) such  person subjects another person to sexual contact and accomplishes the sexual contact by means of false representation that the sexual contact is for a bona fide medical purpose  by a health care professional; or (7) such person is a school employee and subjects  another person to sexual contact who is a student enrolled in a school in which the actor  works or a school under the jurisdiction of the local or regional board of education  which employs the actor; or (8) such person is a coach in an athletic activity or a  person who provides intensive, ongoing instruction and subjects another person to  sexual contact who is a recipient of coaching or instruction from the actor and (A) is a  secondary school student and receives such coaching or instruction in a secondary  school setting, or (B) is under eighteen years of age; or (9) such person subjects another  person to sexual contact and (A) the actor is twenty years of age or older and stands in  a position of power, authority or supervision over such other person by virtue of the  actor's professional, legal, occupational or volunteer status and such other person's  participation in a program or activity, and (B) such other person is under eighteen years  of age; or (10) such person subjects another person to sexual contact who is placed or  receiving services under the direction of the Commissioner of Developmental Services  in any public or private facility or program and the actor has supervisory or disciplinary  authority over such other person.

APPENDIX B 

Operational Definitions of Child Abuse and Neglect  

The purpose of this policy is to provide consistency for staff in defining and identifying  operational definitions, evidence of abuse and/or neglect and examples of adverse  impact indicators. 

The following operational definitions are working definitions and examples of child  abuse and neglect as used by the Connecticut DCF. 

For the purposes of these operational definitions, 

• A person responsible for a child's health, welfare or care means: 
• the child’s parent, guardian, or foster parent; an employee of a public or  private residential home, agency or institution or other person legally  responsible under State law for the child’s welfare in a residential setting; or any staff person providing out-of-home care, including center based child day care, family day care, or group day care. 
• A person given access to a child is a person who is permitted to have personal  interaction with a child by the person responsible for the child’s health, welfare  or care or by a person entrusted with the care of a child. 
• A person entrusted with the care of a child is a person who is 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. 
• Note: Only a “child” as defined in the policy above may be classified as a  victim of child abuse and/or neglect; only a “person responsible,” “person given  access,” or “person entrusted” as defined above may be classified as a  perpetrator of child abuse and/or neglect. 
• While only a child under eighteen may be a victim of child abuse or  neglect, a report under mandatory reporting laws and this policy is  required if an employee of the Board of Education in the ordinary course  of such person’s employment or profession has reasonable cause to  suspect or believe that any person, regardless of age, who is being  educated by the Technical Education and Career System or a local or  regional board of education, other than as part of an adult education  program, is a victim of sexual assault, as set forth in this policy, and the  perpetrator is a school employee.

Physical Abuse 

A child may be found to have been physically abused who: 

has been inflicted with physical injury or injuries other than by accidental means,

is in a condition which is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation, deprivation of necessities, emotional maltreatment  or cruel punishment, and/or 

has injuries at variance with the history given of them. 

Evidence of physical abuse includes, but is not limited to the following:

 excessive physical punishment; 

bruises, scratches, lacerations; 

burns, and/or scalds; 

reddening or blistering of the tissue through application of heat by fire, chemical  substances, cigarettes, matches, electricity, scalding water, friction, etc.; 

injuries to bone, muscle, cartilage, ligaments: 

fractures, dislocations, sprains, strains, displacements, hematomas, etc.;  head injuries; 

internal injuries; 

death; 

misuse of medical treatments or therapies; 

malnutrition related to acts of commission or omission by an established caregiver  resulting in a child’s malnourished state that can be supported by professional  medical opinion; 

deprivation of necessities acts of commission or omission by an established  caregiver resulting in physical harm to child; and/or cruel punishment. 

Sexual Abuse/Exploitation 

Sexual Abuse/Exploitation is any incident involving a child's non-accidental exposure  to sexual behavior. 

Evidence of sexual abuse includes, but is not limited to the following: 

rape; 

penetration: digital, penile, or foreign objects; 

oral / genital contact; 

indecent exposure for the purpose of sexual gratification of the offender, or for  purposes of shaming, humiliating, shocking or exerting control over the victim; 

incest; 

fondling, including kissing, for the purpose of sexual gratification of the offender,  or for purposes of shaming, humiliating, shocking or exerting control over the  victim; 

sexual exploitation, including possession, manufacture, or distribution of child  pornography, online enticement of a child for sexual acts, child prostitution, child sex tourism, unsolicited obscene material sent to a child, or misleading domain  name likely to attract a child to an inappropriate website; 

coercing or forcing a child to participate in, or be negligently exposed to,  pornography and/or sexual behavior; 

disease or condition that arises from sexual transmission; and/or  other verbal, written or physical behavior not overtly sexual but likely designed to  “groom” a child for future sexual abuse. 

Legal References:

Federal Law 18 U.S.C. 2251 Sexual Exploitation of Children. Emotional Maltreatment-Abuse  

Emotional Maltreatment-Abuse is an: act(s), statement(s), or threat(s), which 

has had, or is likely to have an adverse impact on the child; and/or  interferes with a child’s positive emotional development. 

Evidence of emotional maltreatment-abuse includes, but is not limited to, the  following: 

rejecting; 

degrading; 

isolating and/or victimizing a child by means of cruel, unusual, or excessive  methods of discipline; and/or exposing the child to brutal or intimidating acts or statements. 

Indicators of Adverse Impact of emotional maltreatment-abuse may include, but  are not limited to, the

following: 

depression; 

withdrawal; 

low self-esteem; 

anxiety; 

fear; 

aggression/ passivity; 

emotional instability; 

sleep disturbances; 

somatic complaints with no medical basis; 

inappropriate behavior for age or development; 

suicidal ideations or attempts; 

extreme dependence; 

academic regression; and/or 

trust issues. 

Physical Neglect 

A child may be found neglected who: 

has been abandoned; 

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

is being permitted to live under conditions, circumstances or associations injurious to the child’s well-being; and/or has been abused.

Evidence of physical neglect includes, but is not limited to: 

inadequate food; 

malnutrition; 

inadequate clothing; 

inadequate housing or shelter; 

erratic, deviant, or impaired behavior by the person responsible for the child’s  health, welfare or care; by a person given access to the child; or by a person  entrusted with the child’s care which adversely impacts the child; 

permitting the child to live under conditions, circumstances or associations injurious  to the child’s well-being including, but not limited to, the following: 

substance abuse by caregiver, which adversely impacts the child physically; 

substance abuse by the mother of a newborn child and the newborn has a  positive urine or meconium toxicology for drugs; 

psychiatric problem of the caregiver which adversely impacts the child  physically; 

exposure to family violence which adversely impacts the child physically; 

exposure to violent events, situations, or persons that would be reasonably  judged to compromise a child’s physical safety; 

non-accidental, negligent exposure to drug trafficking and/or individuals  engaged in the active abuse of illegal substances; 

voluntarily and knowingly entrusting the care of a child to individuals who  may be disqualified to provide safe care, e.g., persons who are subject to  active protective or restraining orders; persons with past history of  violent/drug/sex crimes; persons appearing on the Central Registry; 

non-accidental or negligent exposure to pornography or sexual acts;  inability to consistently provide the minimum of child-caring tasks; inability to provide or maintain a safe living environment; 

action/inaction resulting in death;

abandonment; 

action/inaction resulting in the child’s failure to thrive; 

transience; 

inadequate supervision: 

creating or allowing a circumstance in which a child is alone for an excessive  period of time given the child’s age and cognitive abilities; 

holding the child responsible for the care of siblings or others beyond the child’s  ability; and/or failure to provide reasonable and proper supervision of a child given the child’s age  and cognitive abilities. 

Note:  

• Inadequate food, clothing, or shelter or transience finding must be related to  caregiver acts of omission or commission and not simply a function of poverty  alone. 
• Whether or not the adverse impact has to be demonstrated is a function of the  child’s age, cognitive abilities, verbal ability and developmental level. 
• The presence of legal or illegal substances in the bodily fluids of (1) a parent or  legal guardian or (2) a pregnant person shall not form the sole or primary basis  for any action or proceeding by the Department. Any action or proceeding by  the Department must be based on harm or risk of harm to a child and the parent  or guardian's ability to provide appropriate care for the child. 
• Adverse impact may not be required if the action/inaction is a single incident  that demonstrates a serious disregard for the child’s welfare. 

Medical Neglect 

Medical Neglect is the unreasonable delay, refusal or failure on the part of the person  responsible for the child's health, welfare or care or the person entrusted with the  child’s care to seek, obtain, and/or maintain those services for necessary medical,  dental or mental health care when such person knows, or should reasonably be expected  to know, that such actions may have an adverse impact on the child. 

Evidence of medical neglect includes, but is not limited to: 

frequently missed appointments, therapies or other necessary medical and/or mental  health treatments; 

withholding or failing to obtain or maintain medically necessary treatment from a  child with life-threatening, acute or chronic medical or mental health conditions;  and/or 

withholding medically indicated treatment from disabled infants with life-threatening  conditions. 

Note: Failure to provide the child with immunizations or routine well-child care in and  of itself does not constitute medical neglect. 

Educational Neglect 

Except as noted below, Educational Neglect occurs when a school-aged child has  excessive absences from school through the intent or neglect of the parent or caregiver. 

Definition of School-Aged Child: Except as noted below, a school-aged child is a  child five years of age and older and under 18 years of age who is not a high school  graduate. Note: Excessive absenteeism and school avoidance may be presenting  symptoms of a failure to meet the physical, emotional or medical needs of a child.  Careline staff shall consider these potential additional allegations at the time of referral. 

Criteria: 

• For children school-aged to age 12, excessive absenteeism may be  indicative of the parent’s or caregiver’s failure to meet the  educational needs of a student. 

• For children older than age 12, excessive absenteeism, coupled  with a failure by the parent or caregiver to engage in efforts to improve the child’s attendance, may be indicative of educational neglect. 

For children older than age 12, excessive absenteeism through the child’s own intent, despite the parent’s or caregiver’s efforts, is not educational neglect. Rather, this is truancy, which is handled through the school district. 

Child’s Characteristics. In determining the criteria for excessive absenteeism,  the following characteristics of the child shall be considered by the social  worker: 

• Age; 
• Health; 
• Level of functioning; 
• Academic standing; and 
• Dependency on parent or caregiver 

Parent or Caregiver’s Characteristics. In determining the criteria for  excessive absenteeism, the following characteristics of the parent or caregiver  shall be considered by the social worker: 

• Rationale provided for the absences;
• Efforts to communicate and engage with the educational provider;  and 
• Failure to enroll a school-aged child in appropriate educational  programming (including homeschooling)

Exceptions (in accordance with Conn. Gen. Stat. § 10-184): 

1. A parent or person having control of a child may exercise the option of not  sending the child to school at age five (5) or age six (6) years by personally  appearing at the school district office and signing an option form. In these  cases, educational neglect occurs if the parent or person having control of  the child has registered the child at age five (5) or age (6) years and then  does not allow the child to attend school or receive home instruction.   

2. A parent or person having control of a child seventeen (17) years of age may  consent to such child’s withdrawal from school. Such parent or person shall  personally appear at the school district office and sign a withdrawal form. 

Note: Failure to sign a registration option form for such child is not in and of itself  educational neglect. 

Emotional Neglect 

Emotional Neglect is the denial of proper care and attention, or failure to respond, to a  child’s affective needs by the person responsible for the child's health, welfare or care;  by the person given access to the child; or by the person entrusted with the child’s care  which has an adverse impact on the child or seriously interferes with a child’s positive  emotional development. 

Note: Whether or not the adverse impact has to be demonstrated is a function  of the child’s age, cognitive abilities, verbal ability and developmental level.  Adverse impact is not required if the action/inaction is a single incident which  demonstrates a serious disregard for the child’s welfare. 

Note: The adverse impact may result from a single event and/or from a  consistent pattern of behavior and may be currently observed or predicted as  supported by evidence-based practice. 

Evidence of emotional neglect includes, but is not limited to, the following:

inappropriate expectations of the child given the child's developmental level; 

failure to provide the child with appropriate support, attention and affection; 

permitting the child to live under conditions, circumstances or associations;

injurious to the child’s well-being including, but not limited to, the following: 

substance abuse by caregiver, which adversely impacts the child emotionally; 

psychiatric problem of the caregiver, which adversely impacts the child  emotionally; and/or exposure to family violence which adversely impacts the child emotionally. 

Indicators may include, but are not limited to, the following: 

depression; 

withdrawal; 

low self-esteem; 

anxiety; 

fear; 

aggression/ passivity; 

emotional instability; 

sleep disturbances; 

somatic complaints with no medical basis; 

inappropriate behavior for age or development; 

suicidal ideations or attempts; 

extreme dependence; 

academic regression; and/or 

trust issues. 

Moral Neglect 

Moral Neglect: Exposing, allowing, or encouraging the child to engage in illegal or  reprehensible activities by the person responsible for the child’s health, welfare or care  or person given access or person entrusted with the child’s care. 

Evidence of Moral Neglect includes but is not limited to:  

stealing; 

using drugs and/or alcohol; and/or 

involving a child in the commission of a crime, directly or by caregiver  indifference.

Appendix C 

INDICATORS OF CHILD ABUSE AND NEGLECT 

Indicators of Physical Abuse 

HISTORICAL 

Delay in seeking appropriate care after injury 

No witnesses 

Inconsistent or changing descriptions of accident by child and/or parent Child's developmental level inconsistent with history 

History of prior "accidents" 

Absence of parental concern 

Child is handicapped (physically, mentally, developmentally) or otherwise perceived  as "different" by parent 

Unexplained school absenteeism 

History of precipitating crisis 

PHYSICAL 

Soft tissue injuries on face, lips, mouth, back, buttocks, thighs or large areas of the torso 

Clusters of skin lesions; regular patterns consistent with an implement Shape of lesions inconsistent with accidental bruise 

Bruises/welts in various stages of healing 

Burn pattern consistent with an implement on soles, palms, back, buttocks and  genitalia; symmetrical and/or sharply demarcated edges 

Fractures/dislocations inconsistent with history 

Laceration of mouth, lips, gums or eyes 

Bald patches on scalp 

Abdominal swelling or vomiting

Adult-size human bite mark(s) 

Fading cutaneous lesions noted after weekends or absences  Rope marks

BEHAVIORAL 

Wary of physical contact with adults 

Affection inappropriate for age 

Extremes in behavior, aggressiveness/withdrawal Expresses fear of parents 

Reports injury by parent 

Reluctance to go home 

Feels responsible (punishment "deserved") 

Poor self-esteem 

Clothing covers arms and legs even in hot weather  Indicators of Sexual Abuse 

HISTORICAL 

Vague somatic complaint 

Excessive school absences 

Inadequate supervision at home 

History of urinary tract infection or vaginitis 

Complaint of pain; genital, anal or lower back/abdominal  Complaint of genital itching 

Any disclosure of sexual activity, even if contradictory 

PHYSICAL 

Discomfort in walking, sitting

Evidence of trauma or lesions in and around mouth  Vaginal discharge/vaginitis 

Vaginal or rectal bleeding 

Bruises, swelling or lacerations around genitalia, inner thighs Dysuria 

Vulvitis 

Any other signs or symptoms of sexually transmitted disease Pregnancy 

BEHAVIORAL 

Low self-esteem 

Change in eating pattern 

Unusual new fears 

Regressive behaviors 

Personality changes (hostile/aggressive or extreme compliance)

Depression 

Decline in school achievement 

Social withdrawal or poor peer relationships 

Indicates sophisticated or unusual sexual knowledge for age Seductive behavior, promiscuity or prostitution 

Substance abuse. 

Suicide ideation or attempt 

Runaway

Indicators of Emotional Abuse 

HISTORICAL 

Parent ignores/isolates/belittles/rejects/scapegoats child Parent's expectations inappropriate to child's development

Prior episode(s) of physical abuse 

Parent perceives child as "different" 

PHYSICAL 

(Frequently none) 

Failure to thrive 

Speech disorder 

Lag in physical development 

Signs/symptoms of physical abuse 

BEHAVIORAL 

Poor self-esteem 

Regressive behavior (sucking, rocking, enuresis)  Sleep disorders 

Adult behaviors (parenting sibling) 

Antisocial behavior 

Emotional or cognitive developmental delay 

Extremes in behavior - overly aggressive/compliant  Depression 

Suicide ideation/attempt

Indicators of Physical Neglect 

HISTORICAL 

High rate of school absenteeism 

Frequent visits to school nurse with nonspecific complaints 

Inadequate supervision, especially for long periods and for dangerous activities Child frequently unattended; locked out of house 

Parental inattention to recommended medical care 

No food intake for 24 hours 

Home substandard (no windows, doors, heat), dirty, infested, obvious hazards Family member addicted to drugs/alcohol 

PHYSICAL 

Hunger, dehydration 

Poor personal hygiene, unkempt, dirty 

Dental cavities/poor oral hygiene 

Inappropriate clothing for weather/size of child, clothing dirty; wears same clothes  day after day 

Constant fatigue or listlessness 

Unattended physical or health care needs 

Infestations 

Multiple skin lesions/sores from infection 

BEHAVIORAL 

Comes to school early, leaves late 

Frequent sleeping in class 

Begging for/stealing food 

Adult behavior/maturity (parenting siblings) 

Delinquent behaviors 

Drug/alcohol use/abuse

Administrative Regulation Approved: November 19, 2024