Sec.17a-101k-13. Disclosure

(a) Information about an investigation, a substantiation or the name of a person entered on the central registry may only be disclosed outside the department in accordance with sections 17a-28 and 17a-101a to 17a-101k, inclusive, of the Connecticut General Statutes or as otherwise permitted by law.

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

(c) In response to a lawful request for a background check for purposes of eligibility for employment, licensure, or benefits, the department unit conducting the background check shall disclose only the following information: (1) whether the person's name is entered on the central registry, and, if so, (2) the substantiated allegations of abuse or neglect, and (3) the date(s) of the investigation(s). If the person's name is entered on the central registry, the department unit conducting the background check may also refer the requestor to the department office or unit that conducted the investigation for further information as authorized by law. If the requestor is the Department of Public Health or Department of Social Services, the department shall provide the investigation file, if requested.

(d) In response to a lawful request for a background check for purposes of eligibility for employment, licensure or benefits, the department shall not disclose: (1) the existence of an unsubstantiated allegation of abuse or neglect; (2) a substantiated allegation of abuse or neglect that has been appealed if the appeal is pending, except as provided in section 17a-101k-14 of the Regulations of Connecticut State Agencies; (3) a substantiated allegation of abuse or neglect, if the time frame for requesting an appeal has not yet expired; or (4) a substantiated allegation of abuse or neglect if the individual responsible was not deemed a risk to the health, safety or well-being of children and the individual's name was not listed on the central registry.

(e) If a lawful request for a background check for purposes of eligibility for employment, licensure or benefits reveals that the name of the subject of the background check is entered on the central registry, the department shall instruct the person, agency or other public or private entity requesting the background check that: (1) they shall inform the subject of the background check that his or her name is entered on the central registry; and (2) the subject may be eligible to appeal the registry finding and underlying substantiation pursuant to sections 17a-101k-1 to 17a-101k-16, inclusive, of the Regulations of Connecticut State Agencies.

(f) Any request for information concerning a child abuse or neglect investigation, or concerning records about an individual responsible, other than a background check for purposes of eligibility for employment, licensure or benefits, shall be processed by the department office or unit responsible for the investigation in accordance with sections 17a-28 and 17a-101a to 17a-101k, inclusive, of the Connecticut General Statutes or as otherwise permitted by law.

(Adopted effective November 7, 2008)