Sec.17a-101k-3. Criteria for registry finding that individual responsible for abuse or neglect of a child poses a risk to the health, safety or well-being of children

(a) In order to enter the name of an individual responsible on the central registry, the commissioner, or the commissioner's designee, shall make a determination that: (1) child abuse or neglect has occurred; (2) there is an identifiable individual responsible for abuse or neglect; (3) the individual responsible poses a risk to the health, safety or well-being of children; and (4) the name of the individual responsible should be listed on the central registry, provided that the individual's name shall not actually appear on the registry until the exhaustion or waiver of all available administrative appeals, except as provided in subsection (d) of section 17a-101g of the Connecticut General Statutes.

(b) A person shall be deemed to pose a risk to the health, safety or well-being of children, and listed on the central registry, when: (1) the child abuse or neglect resulted in or involves (A) the death of a child, (B) the risk of serious physical injury of a child, or (C) the serious physical or emotional harm of a child; (2) the substantiation is for sexual abuse and the individual responsible is over sixteen (16) years of age; (3) there is a second substantiation for physical or emotional abuse; (4) the individual responsible for physical or emotional abuse is a person entrusted with the care of a child within the meaning of section 17a-101k-1(6) of the Regulations of Connecticut State Agencies; (5) the individual responsible is arrested for the act of abuse or neglect that is substantiated; or (6) a petition alleging that a child is neglected or uncared for, or a petition alleging grounds for the termination of parental rights pursuant to section 46b-129 or section 17a-112 of the Connecticut General Statutes respectively, and based at least in part on the allegations that form the basis of the substantiation, is pending in Superior Court or on appeal.

(c) In all other cases in which the department substantiates abuse or neglect by an individual responsible, and the individual responsible is not recommended for entry on the central registry pursuant to subsection (b) of this section, the investigator shall review the case to determine whether the individual responsible poses a risk to the health, safety and well-being of children and should be listed on the central registry.

(d) In cases reviewed for a determination of risk to the health, safety and well-being of children as set forth in subsection (c) of this section, the criteria applied by the investigator shall include, where applicable: (1) whether the abuse or neglect was related to medically-defined malnutrition or failure to thrive and the individual responsible could reasonably be expected to have had sufficient knowledge about the basic nutritional needs of the victim; (2) whether there is evidence of cruelty by the individual responsible for the abuse or neglect; (3) whether there is information that would lead to the conclusion that the individual responsible had reason to know that his or her acts or statements were cruel and unconscionable; (4) whether the individual responsible could have reasonably been expected to know that his or her acts or statements would be detrimental to the child's health, safety or well-being; (5) regardless of the intent of the individual responsible, the severity, chronicity, or the use of force involved in the neglect or abuse; (6) whether the individual responsible could have been reasonably expected to know that his or her actions had a high likelihood of resulting in serious injury to the victim; (7) if the neglect or abuse resulted in death, rendering unconscious, concussion, internal head injury, lasting physical impairment of the normal functioning of the child, or from the perspective of qualified medical personnel, the necessity for immediate medical attention for the victim; (8) if there was information that reasonably led to the conclusion that the substantiated neglect or abuse was not an isolated incident; (9) the amount of force used leading to the abuse or neglect of the child was unreasonable given the age, size or intellectual capacity of the child; and (10) whether the impact on the child is likely to be of lasting duration.

(e) In cases of neglect, in addition to the criteria set forth in subsection (d) of this section, the investigator, shall consider the intent, severity, chronicity and behavioral health or domestic violence concerns based on a review of the abuse or neglect that led to the substantiation, including, but not limited to if: (1) there was reason to believe that the individual responsible had sufficient knowledge and resources, the ability to utilize them and an understanding of the implications for failing to provide appropriate care, but made a conscious decision not to do so; (2) there was an adverse impact to the victim, or a serious disregard for the victim's welfare; (3) there is a pattern or chronic nature to the neglect regardless of the measurable impact to the victim; (4) there was a previous substantiation of neglect by the individual responsible for the current abuse or neglect for an incident or conduct unrelated to the current incident or conduct; or (5) substance abuse or domestic violence was a significant contributing factor in the substantiation and the individual responsible refused to acknowledge that factor, refused to take responsibility for the resulting conduct or failed to provide a viable plan to address the contributing factor.

(f) In cases of physical abuse, in addition to the criteria set forth in subsections (d) and (e) of this section, the investigator shall consider factors including: (1) the intent of the individual responsible, including but not limited to, the intent to cause physical harm; or (2) the severity of the impact on the child.

(g) In cases of sexual abuse, in addition to the criteria set forth in subsections (d) and (e) of this section, the investigator shall consider whether the individual responsible was under the age of sixteen (16) years, and whether an evaluation has been conducted by a licensed evaluator with expertise in determining the risk of re-offending who has concluded that the individual responsible is at moderate to high risk of re-offending.

(h) No individual shall be recommended for entry on the central registry if the only substantiated allegation is educational neglect.

(Adopted effective November 7, 2008)