Reporting to Civil Authorities Instances, Allegations or Suspicions of Sexual Misconduct of Minors or Vulnerable Adults
Personnel of the Archdiocese are expected and required to comply with all applicable civil laws of the State of Connecticut with respect to reporting to civil authorities all instances where there is reasonable cause to suspect or believe that Sexual Misconduct involving a Minor or Vulnerable Adult has occurred (unless to do so would violate the priest/penitent relationship of the Sacrament of Reconciliation). Failure to report to civil authorities as required will result in appropriate sanctions and can, by law, result in fines or criminal prosecution. Personnel of the Archdiocese are also expected and required to advise victims of their right to make a report to public authorities and to support that right. They are also expected and required to cooperate in investigations by civil authorities regarding allegations of this type (unless to do so would violate the priest/penitent relationship of the Sacrament of Reconciliation).
Mandated Reporters Under Connecticut Law – Minors Connecticut law requires that persons engaged in certain occupations report all incidents of known or suspected child abuse, neglect, intentional injury, injury which is at variance with the history given of the injury, or imminent risk of serious harm, including but not limited to sexual abuse involving a Minor, to state or local authorities whether or not the child abuse, neglect, injury or imminent risk was brought about by Personnel of the Archdiocese. Gen. Stats. §17a-101 et seq. Individuals who are mandated reporters include but are not limited to: physicians and surgeons licensed by the state, residents or interns in hospitals within the state, registered nurses, licensed practical nurses, psychologists, dentists, school employees (teachers, substitute teachers, administrators, guidance counselors, paraprofessionals, coaches, etc.), or any other person who in performance of duties has regular contact with students, pursuant to contract with a school, social workers, clergy members, mental health professionals, physician assistants, certified substance abuse counselors, licensed marriage and family therapists, licensed professional counselors, sexual assault counselors, domestic violence counselors, and paid daycare workers.
Nature and Substance of Reports of Suspected Sexual Misconduct Involving Minors
The reporting requirements under Connecticut law are set forth in Conn. Gen. Stats. §17a-101a et seq. and can be summarized as follows: Where there is reasonable cause to suspect or believe that any child under the age of eighteen (1) has been abused or neglected, (2) has sustained a non-accidental physical injury or injury that is at variance with the history given of such injury or (3) is placed at imminent risk of serious harm, an oral report must be made as soon as practicable (but no later than twelve (12) hours after the mandated reporter has reasonable cause to suspect or believe that abuse has occurred) to either the State Commissioner of Children and Families or the Commissioner’s representative, or to a law enforcement agency. A mandated reporter’s suspicion or belief may be based on many factors, including but not limited to observations, allegations, facts or statement by a child, victim or third party. Such suspicion or belief does not require certainty or probable cause. The oral report must be followed within forty-eight (48) hours with a written report to the Commissioner of Children and Families or the Commissioner’s designee. The oral and written reports shall contain, if known, the names and addresses of the child and his parents or other person responsible for the child’s care; the age of the child; the gender of the child; the nature and extent of the child’s injury or injuries, maltreatment or neglect; the approximate date and time the injury or injuries, maltreatment or neglect occurred; information concerning any previous injury or injuries to, maltreatment or neglect of the child or his/her siblings; the circumstances in which the injury or injuries, maltreatment or neglect came to be known to the reporter; the name of the person or persons suspected to be responsible for causing such injury or injuries, maltreatment or neglect; the reasons such person or persons are suspected of causing such injury or injuries, maltreatment or neglect; any information concerning any prior cases in which such person or persons have been suspected of causing injury, maltreatment or neglect of a child; and whatever action, if any, was taken to treat, provide shelter or otherwise assist the child.
4.3 Reports Where School Personnel Are Involved When an employee of a school or institution or facility that provides care for a child is suspected of causing the abuse, the report must be made as described in Section 4.2 above. The Connecticut State Commissioner of Children and Families or the Commissioner’s designee shall notify the person in charge of such school, institution or facility or the person’s designee and such person in charge or such person’s designee, must immediately notify the child’s parent or other person responsible for the child’s care that a report has been made. Conn. Gen. Stats. §17a-101b(d). When a mandated reporter is a member of the staff of a school, institution or facility that provides care for such child, said reporter shall also submit a copy of the written report to the person in charge of such school, institution or facility or the person’s designee. Where the report concerns a certified school employee, a copy of the written report shall also be sent by the Commissioner of Children and Families or the Commissioner’s designee to the Commissioner of Education or the Commissioner’s designee. Where the report concerns 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 by the Commissioner of Children and Families to the executive head of the state licensing agency. Conn. Gen. Stats. §17a-101c.
4.4 Failure to Report Suspected Sexual Misconduct Involving a Minor and/or Filing of False Reports The failure of a mandated reporter to make the required report of child abuse as described in Section 4.2 above can lead to criminal charges against the person who fails to make a report. A person who intentionally interferes with the making of a report may also face criminal charges. Any person who, in good faith, makes or does not make a report of suspected child abuse shall be immune from liability, civil or criminal. Likewise, no employer shall discharge or in any manner discriminate or retaliate against any employee who in good faith makes a report of suspected child abuse. Conn. Gen. Stats. §17a-101e(a) and §17a-101e(b). Any person who knowingly makes a false report of child abuse or neglect shall be fined not more than $2,000 or imprisoned not more than one year or both. Conn. Gen. Stats. §17a-101e(d).
4.5 Reporting to Civil Authorities Instances of Suspected Sexual Misconduct Involving Vulnerable Adults (a) In situations where a mandated reporter has reasonable cause to suspect or believe that there has been Sexual Misconduct involving a Vulnerable Adult who is sixty (60) years of age or older, the suspected abuse must be reported to the Department of Social Services within seventy-two (72) hours. The report must include the name and address of the elderly person, information regarding the nature and extent of the abuse, and any other information that the reporter believes might be helpful in an investigation of the case and the protection of such elderly person. Failure to make the report as required may result in a fine of up to five hundred dollars, except that if the mandated reporter intentionally fails to make the report as required, such person shall be guilty of a class C misdemeanor for the first offense and a class A misdemeanor for any subsequent offense. Any person who makes a report in good faith is immune from civil or criminal liability in connection with the report. Conn. Gen. Stats. §17b-451.
(b) In situations where a mandated reporter has reasonable cause to suspect or believe that there has been Sexual Misconduct involving a Vulnerable Adult who is between the ages of 18 and 59, the suspected abuse must be reported orally to the Abuse Investigations Division of the Office of Protection and Advocacy for Persons with Disabilities within seventy two (72) hours. The initial report must be followed by a written report submitted within five (5) calendar days of the oral report. Failure to make the report as required may result in a fine of up to five hundred dollars. Any person who makes a report in good faith is immune from civil or criminal liability in connection with the report. Conn. Gen. Stats. § 46a-11b.
4.6 Reports By Others If any mandated reporter acting outside his/her professional capacity or any other person has reasonable cause to suspect or believe that a Minor or Vulnerable Adult has been the victim of Sexual Misconduct, that person may cause a written or oral report to be made to the appropriate agency as stated above or to law enforcement.
5.1 When an accusation of Sexual Misconduct involving a Minor or Vulnerable Adult that has a semblance of truth is made against any Personnel of the Archdiocese, contact will be promptly initiated by the Victim Assistance Coordinator with the alleged victim, and/or parent or guardian in the case of a Minor, or legally responsible party if the alleged victim is a Vulnerable Adult. Contact should be made for the purpose of offering whatever concern or solace may be needed, with no comment as to the truth of any accusation. Medical, mental health and spiritual assistance and, in appropriate instances, economic assistance may be offered in the spirit of Christian justice and charity, determined according to the specific situation presented.
5.2 Under the direction of the Victim Assistance Coordinator, competent counselors and social workers employed or designated by Catholic Charities of the Archdiocese or other competent professionals will offer to provide appropriate assistance to persons who make a claim having a semblance of truth that any Personnel of the Archdiocese sexually abused them when they were Minors or Vulnerable Adults. This outreach will be made regardless of whether the alleged misconduct was recent or occurred many years in the past. The outreach will include the offer of counseling, spiritual assistance, support groups, or other social services agreed upon between the victim and the Archdiocese.