(a) Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether or not so licensed, any registered nurse, any person paid for caring for persons in any facility and any licensed practical nurse, medical examiner, dental hygienist, dentist, occupational therapist, optometrist, chiropractor, psychologist, podiatrist, social worker, school teacher, school principal, school guidance counselor, school counselor, school paraprofessional, licensed behavior analyst, mental health professional, physician assistant, licensed or certified substance abuse counselor, licensed marital and family therapist, speech and language pathologist, clergyman, police officer, pharmacist, physical therapist, licensed professional counselor or sexual assault counselor or domestic violence counselor, as defined in section 52-146k, who has reasonable cause to suspect or believe that any person with intellectual disability or any person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services has been abused or neglected shall, as soon as practicable but not later than forty-eight hours after such person has reasonable cause to suspect or believe that a person with intellectual disability or any person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services has been abused or neglected, report such information or cause a report to be made in any reasonable manner to the commissioner, or the commissioner's designee. An unsuccessful attempt to make an initial report to the commissioner, or the commissioner's designee, on a weekend, holiday or after normal business hours shall not be construed as a violation of this section if reasonable attempts are made by a person required to report under this subsection to reach the commissioner, or the commissioner's designee, as soon as practicable after the initial attempt. The initial report shall be followed up by a written report not later than five calendar days after the initial report was made. Any person required to report under this subsection who fails to make such report shall be fined not more than five hundred dollars. For purposes of this subsection, “reasonable manner” and “reasonable attempts” mean efforts that include, but are not limited to, efforts to reach the commissioner, or the commissioner's designee, by phone, in person or by electronic mail.
(b) Such report shall contain the name and address of the allegedly abused or neglected person, a statement from the person making the report indicating his or her belief that such person has intellectual disability or receives funding or services from the Department of Social Services' Division of Autism Spectrum Disorder Services, information supporting the supposition that such person is substantially unable to protect himself or herself from abuse or neglect, information regarding the nature and extent of the abuse or neglect and any other information that the person making such report believes might be helpful in an investigation of the case and the protection of such person with intellectual disability or who receives funding or services from the Department of Social Services' Division of Autism Spectrum Disorder Services.
(c) Each facility, as defined in section 46a-11a, shall inform residents of their rights and the staff of their responsibility to report abuse or neglect and shall establish appropriate policies and procedures to facilitate such reporting.
(d) Any other person having reasonable cause to believe that a person with intellectual disability or a person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services is being or has been abused or neglected may report such information, in any reasonable manner, to the commissioner.
(e) Any person who makes any report pursuant to sections 46a-11a to 46a-11g, inclusive, or who testifies in any administrative or judicial proceeding arising from such report shall be immune from any civil or criminal liability on account of such report or testimony, except for liability for perjury, unless such person acted in bad faith or with malicious purpose. Any person who obstructs, hinders or endangers any person reporting or investigating abuse or neglect or providing protective services or who makes a report in bad faith or with malicious purpose and who is not subject to any other penalty shall be fined not more than five hundred dollars. No resident or employee of a facility, as defined in section 46a-11a, shall be subject to reprisal or discharge because of such resident's or employee's actions in reporting pursuant to sections 46a-11a to 46a-11g, inclusive.
(f) For purposes of said sections, the treatment of any person with intellectual disability or any person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services by a Christian Science practitioner, in lieu of treatment by a licensed practitioner of the healing arts, shall not of itself constitute grounds for the implementation of protective services.
(g) When the commissioner is required to investigate or monitor abuse or neglect reports that are referred to the Department of Developmental Services from another agency, all provisions of this section shall apply to any investigation or monitoring of such case or report.
(P.A. 84-514, S. 2, 11; P.A. 86-285, S. 3; P.A. 93-340, S. 8, 19; P.A. 95-63, S. 2; 95-289, S. 6; P.A. 96-186, S. 2; P.A. 99-102, S. 46; P.A. 04-12, S. 2; P.A. 05-272, S. 28; P.A. 11-16, S. 37; 11-129, S. 10; P.A. 13-214, S. 10; P.A. 14-165, S. 6; May Sp. Sess. P.A. 16-3, S. 57; June Sp. Sess. P.A. 17-2, S. 89; P.A. 18-15, S. 11; 18-32, S. 31; 18-96, S. 1.)
History: P.A. 84-514 effective February 1, 1985; P.A. 86-285 applied provisions to cases of suspected neglect, deleted in Subsec. (a) the requirement that the facility serve mentally retarded persons, deleted requirement in Subsec. (d) that report be written and added in Subsec. (e) a provision that a person may be fined for obstructing, hindering or endangering any person reporting or investigating abuse and neglect or providing protective services; Sec. 19a-458a transferred to Sec. 46a-11b in 1991; P.A. 93-340 amended Subsec. (a) to add school principals, school guidance counselors, school paraprofessionals, mental health professionals, physician assistants, Connecticut certified substance abuse counselors, Connecticut certified marital and family therapists, sexual assault counselors and battered women's counselors to list of persons required to report suspected abuse or neglect, effective July 1, 1993; P.A. 95-63 substituted “person with mental retardation” for “mentally retarded person”; P.A. 95-289 changed marital and family therapists from “Connecticut certified” to “licensed”; P.A. 96-186 added Subsec. (g) concerning applicability of section to Office of Protection and Advocacy for Persons with Disabilities; P.A. 99-102 amended Subsec. (a) by deleting “Connecticut” and adding “licensed or” before “certified”, deleting obsolete reference to osteopathy and to chapter 371 and made a technical change; P.A. 04-12 amended Subsec. (a) by adding “licensed professional counselor” to list of persons required to report suspected abuse, changing time frame for making initial report of suspected abuse to not later than 72 hours after person suspects or has reason to believe abuse has occurred and specifying that written report is required not later than five calendar days after initial report was made; P.A. 05-272 amended Subsec. (a) by replacing “speech pathologist” with “speech and language pathologist” and by making technical changes; P.A. 11-16 amended Subsecs. (a), (d) and (f) by substituting “person with intellectual disability” for “person with mental retardation” and amended Subsec. (b) by substituting “has intellectual disability” for “is mentally retarded”, effective May 24, 2011; P.A. 11-129 amended Subsec. (b) to substitute “intellectual disability” for “mental retardation”; P.A. 13-214 amended Subsec. (a) to substitute “domestic violence counselor” for “battered women's counselor”; P.A. 14-165 added references to individual who receives services from Department of Developmental Services' Division of Autism Spectrum Disorder Services and made technical and conforming changes; May Sp. Sess. P.A. 16-3 replaced references to Department of Developmental Services' Division of Autism Spectrum Disorder Services with references to Department of Social Services' Division of Autism Spectrum Disorder Services, effective July 1, 2016; June Sp. Sess. P.A. 17-2 replaced “individual” with “person”, replaced references to director with references to commissioner, amended Subsec. (g) to replace reference to director of Office of Protection and Advocacy for Persons with Disabilities or persons designated by director with reference to commissioner, replaced reference to office with reference to Department of Developmental Services, and made technical changes, effective October 31, 2017; P.A. 18-15 amended Subsec. (a) by adding “school counselor”, effective July 1, 2018; P.A. 18-32 amended Subsec. (e) by making a technical change, effective July 1, 2018; P.A. 18-96 amended Subsec. (a) by adding “licensed behavior analyst,”, replacing provision re report not later than 72 hours with provision re report not later than 48 hours, adding reference to commissioner's designee, adding provision re unsuccessful attempt to make initial report to commissioner, adding provision defining “reasonable manner” and “reasonable attempts”, and making technical changes, effective July 1, 2018.