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2001 Edition

Child Abuse and Neglect in Connecticut

A Guide to Resources in the Law Library

 

Definition:

·        Abused “means that a child or youth (A) has had physical injury or injuries inflicted upon him 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, deprivation of necessities, emotional maltreatment or cruel punishment;”  Conn. Gen. Stats. §46b-120(3) (2001)

·        “A child or youth may be found ‘neglected’ who (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 his well-being, or (D) has been abused;”  Conn. Gen. Stats. §46b-120(8) (2001)

·        child abuse and neglect “means the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child by a person who is responsible for the child’s welfare, under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Secretary;”  42 U.S.C. §5106g(4) 

[see also 45 CFR §1340.2(d)]

 

Sections in this chapter:

§ 1. Duty to Report Child Abuse

§ 2. Investigations and Proceedings in Child Abuse & Neglect Cases

§ 3. Immediate Removal of Child

§ 4. Child Witnesses

§ 5. Child Abuse Prevention

§ 6. False Allegations of Child Abuse  

§ 7. Child Abuse and the Unborn Child

§ 8. Adult Memories of Child Abuse

 

Internet Addresses:

Connecticut Department of Children and Families: http://www.state.ct.us/dcf/

National Clearinghouse on Child Abuse & Neglect:  http://www.calib.com/nccanch/

Child Welfare Library:  http://www.childwelfare.com/kids/library.htm

Children’s Defense Fund:  http://www.childrensdefense.org/

Administration for Children and Families:  http://www.acf.dhhs.gov/

 

§ 1 Duty to Report Child Abuse

2001 Edition

 

SCOPE:

Bibliographic resources relating to the duty to report suspected child abuse to the proper authorities.

 

STATUTES:

Conn. Gen. Stat. (2001)

·         § 17a-93  Definitions

·         § 17a-101  Protection of children from abuse.  Mandated reporters. Training program for identification and reporting of child abuse and neglect.

·         § 17a-101a  Report of abuse or neglect by mandated reporter. Penalty for failure to report.

·         § 17a-101b  Oral report by mandated reporter to Commissioner of Children and Families or law enforcement agency.

·         § 17a-101c  Written report by mandated reporter.

·         § 17a-101d  Contents of oral and written reports.

·         § 17a-101e  Employers prohibited from discrimination against witness in child abuse proceedings ... Immunity for making report of child abuse in good faith.  False report of child abuse.  Penalty.

·         § 17a-103  Reports by others. False reports. Notification to law enforcement agency.

·         § 17a-103a  Telephone hotline to receive reports of child abuse.

·         §46a-13l  Child Advocate’s duties. Child fatality review panel. Reports to the Governor and the General Assembly. Investigations.

 

FEDERAL STATUTES:

 

United States Code

·         42 U.S.C.A. §§ 5101—5106i (West Supp. 2000) Child Abuse Prevention and Treatment

§ 5106a Grants for States for child abuse and neglect prevention and treatment programs.

        (b) Eligibility requirements.

In order for a State to qualify for a grant ... such State shall have in effect a State law relating to child abuse and neglect, including—A) provisions for the reporting of known and suspected instances of child abuse and neglect; ...

·         25 U.S.C.A. §§ 3201—3211 (West Supp. 2000) Indian Child Protection and Family Violence Prevention Act.

§ 3203  Reporting Procedures.

 

·         Mashantucket Pequot Tribal Laws tit. 2, ch. 4; tit. 5, ch. 3.

Reporting of Child Neglect and Abuse

 

STATE

REGULATIONS:

 

 

 

 

 

 

 

 

 

 

 

 

·         Conn. Agencies Regs. §§ 17a-101-1—17a-101(e)-6 (1994)

§ 17a-101(e)-1  Scope of regulations.

§ 17a-101(e)-2  Definitions.

§ 17a-101(e)-3  Reports of child abuse or neglect.

§ 17a-101(e)-4  Investigation of reports of child abuse or neglect by the department.

·         Conn. Agencies Regs. § 19a-87-10(j)(3) (2000)

The provider shall report actual or suspected child abuse or neglect of any child to the nearest office of the Department of Children and Families as mandated by Section 17a-101 and 17a-102 of the Connecticut General Statutes.

·         Conn. Agencies Regs. § 10-145g-1 (1996)  Reports of Child Abuse by a Certified School Employee.

FEDERAL REGULATIONS:

·         45 C.F.R. § 1340.14 (2000) Eligibility requirements.

(c) Reporting. The State must provide by statute that specified persons must report and by statute or administrative procedure that all other persons are permitted to report known and suspected instances of child abuse and neglect to a child protective agency or other properly constituted authority.

 

DIGESTS:

 

·         West Key Number: Infants #15

COURT CASES:

(Connecticut)

 

·         Morales v. Kagel, 58 Conn. App. 776, 755 A.2d 915 (2000).

“… we conclude that the defendant in this case did not owe a duty to the plaintiff to investigate the accusations against him prior to making a good faith report” (783).

·         Greco c. Anderson, Superior Court, judicial district of New Britain at New Britain, Docket No. CV00-0501458S (October 23, 2000). “Extending immunity to false and malicious accusations, if that is what they were, would not serve the public purpose of discovering child abuse and would compromise the constitutional protection accorded to family autonomy. The Grecos have pled sufficient facts to bring this case within the ‘bad faith’ exception to the immunity afforded mandated reporters by the statute.”

·         Anderson v. Department of Public Health, Superior Court, judicial district of New Britain, Docket No. CV99-04945135 (December 20, 1999).

An appeal from a decision of the Department of Public Health to revoke plaintiff’s family daycare license for failure to comply with state laws concerning mandated reporting of suspicions of child abuse and neglect. Appeal dismissed.

·         Doe v. Vibert, Superior Court, judicial district of New Britain, Docket No. CV97-048332S, July 12, 1999. “…plaintiff has alleged that defendant Wartonick was negligent for failing to report to the Board of Education her stated suspicion of defendant’s … misconduct toward the plaintiff… This court concludes that the plaintiffs’ complaint states a viable cause of action for negligence per se in that the plaintiffs allege the violation of a statute and plead facts sufficient to allege a causal link between the statutory violation and the alleged injury.”

 

ENCYCLOPEDIAS:

·         Danny R. Veilleux, Annotation, Validity, Construction, and Application of State Statute Requiring Doctor or Other Person to Report Child Abuse, 73 A.L.R. 4th 782 (1989).

·         Jimmie E. Tinsley, Failure to Report Suspected Case of Child Abuse, 6 Am. Jur. P.O.F. 2d 345 (1975).

·         Thomas L. Gowen & Richard J. Kohlman, Professional Liability for Failure to Report Child Abuse, 38 Am. Jur. Trials 1 (1989).

 

TEXTS & TREATISES:

·         Paul Chill, The Law of Child Abuse and Neglect in Connecticut , 23-31 (1997).

·         2 Donald T. Kramer, Legal rights of Children §§ 16.14-16.20 (2d ed. 1994). 

·         Ann M. Haralambie, Child Sexual Abuse in Civil Cases: A Guide to Custody and Tort Actions (1999).

·         Inger J. Sagatun & Leonard P. EdwardsChild Abuse and the LegalSystem 36 (1995).

·         Leonard Karp & Cheryl L. Karp,  Domestic Torts: Family Violence, Conflict & Sexual Abuse, §10.03 (1989).

·         Sandra Morgan Little,  Child Custody and Visitation Law &    Practice, §31.03 (2000).

 

LAW REVIEWS:

·         Ronald Bard, Connecticut’s Child Abuse Law, 48 Conn. Bar J.  260 (1974)

·         Douglas J. Besharov, Child Abuse and Neglect: Liability for Failure to Report,  22 Trial, August 1986, at 67.

·         Howard Davidson, Reporting Suspicions of Child Abuse: What Must a Family Lawyer Do? 17 Fam. Advoc., Winter 1995, at 50.

·         Margaret H. Meriwether, Child Abuse Reporting Laws: Time for a Change, 20 Fam. L. Q. 141 (1986).

 

HOTLINE:

·         Connecticut Department of Children and Families

Child Abuse & Neglect Hotline:  1-800-842-2288, TD: 1-800-624-5518

(Spanish speaking staff is available)

 

COMPILER:

Barbara J. Bradley, Law Librarian, Connecticut Judicial Department, Law Library at Norwich, One Courthouse Square, Norwich, CT 06360. (860) 887‑2398. EMAIL: barbara.bradley@jud.state.ct.us.

 


§ 2 Investigations and Proceedings in  Child Abuse or Neglect Cases

2001 Edition

 

SCOPE:

Bibliographic resources relating to the investigation and prosecution of allegations of child abuse and/or child neglect.

 

STATUTES:

Conn. Gen. Statutes (2001)

·         § 17a-28 Confidentiality of and access to records  [access to DCF records pertaining to investigations of abuse or neglect]

·         § 17a-47 Legal division re child abuse and neglect  [assistant attorneys general responsible for prosecuting neglect petitions]

·         § 17a-100 Ill treatment of children. [children in foster care]

·         § 17a-101f Examination by physician. Diagnostic tests ... to detect child abuse.

·         § 17a-101g Classification and evaluation of reports. Home visit. Removal of child in imminent risk of harm.

·          § 17a-101h Coordination of investigatory activities. Interview with child. Consent.

·         § 17a-101i Abuse of child by school employee. Suspension…

·         § 17a-101j Notification of Chief State’s Attorney ...

·         § 17a-103b Notice to parent or guardian of substantiated complaint of child abuse.

·         § 17a-105 Temporary custody of abused child upon arrest of parent of guardian.

·         § 17a-105a Child abuse and neglect unit within Division of State Police to assist investigation of child abuse and neglect.

·         § 17a-106 Cooperation in relation to ... investigation of child abuse and neglect.

·         § 17a-106b Impact of family violence in child abuse cases.

·         § 17a-110 Permanency planning for children ... Procedure after commitment hearing.

·         § 17a-111a Commissioner of Children and Families to file petition to terminate parental rights, when.

·         § 17a-111b Commissioner of Children and Families may petition court re reasonable efforts to reunify parent with child. Determination by court.

·         §§ 45a-607 to 45a-625 Removal and appointment of guardians of a minor in Probate Court

§ 45a-619 Investigation by Commissioner of children and Families.

§ 45a-623 Transfer of contested proceeding to Superior Court or another judge of probate.

·         §§ 46a-13k to 46a-13q  Office of the Child Advocate.

·         § 46b-121 “Juvenile matters” defined. Authority of court.

(a) Juvenile matters in the civil session include all proceedings concerning uncared-for, neglected or dependent children and youth within this state, termination of parental rights of children committed to a state agency,…”

·         § 46b-129 Commitment of child or youth. Petition for neglected, uncared-for, dependent child or youth. Hearing re temporary custody, order to appear or petition. Review of permanency plan. Revocation or commitment.

·         § 46b-129a Examination by physician. Appointment of counsel and guardian ad litem.

·         § 53-20  Cruelty to persons.

·         § 53-21  Injury or risk of injury to, or impairing morals of, children.

 

FEDERAL STATUTES:

 

United States Code

·         25 U.S.C.A. §§ 3201 to 3211 (West Supp. 2000) Indian Child Protection and Family Violence Prevention

·         42 U.S.C.A. § 5106c (West Supp. 2000) Grants to states for programs relating to investigation and prosecution of child abuse and neglect cases.

 

·         Mashantucket Pequot Tribal Laws tit. 5, ch. 3, § 1.

 

CONNECTICUT REGULATIONS:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·         Conn. Agencies Regs. §§ 17a-101-1 to 17a-101-13 (1994).

§ 17a-101-4 Investigation of reports received.

§ 17a-101-12 Circumstances requiring immediate removal.

§ 17a-101-13 Procedures for immediate removal.

·         Conn. Agencies Regs. §§ 17a-101(e)-3 to 17a-101(e)-6 (1994).

§17a-101(e)-4 Investigations of reports of child abuse or neglect by the department.

§17a-101(e)-5 Notification of law enforcement agencies—removal of child from home—child to remain in own home.

·         Conn. Agencies Regs. § 17a-145-54 (1994) Failure to cooperate with investigation as cause to revocate license of child care facility.

·         Conn. Agencies Regs. § 10-145g-1 (1996) Reports of child abuse by a certified school employee.

·         Conn. Agencies Regs. § 19a-87b-14 (1996) Complaint investigations (Family Day Care Homes)

(b) Confidentiality of child abuse and/or neglect investigations.

(c) Duty to investigate

(d) Unannounced home visits; Notice and interview.

(f) Complaints referred to Department of Children and Families.

 

FEDERAL REGULATIONS:

 

Code of Federal Regulations (2000)

·         45 C.F.R. § 1340.14(d) Investigations.

“The State must provide for the prompt initiation of an appropriate investigation by a child protective agency or other properly constituted authority to substantiate the accuracy of all reports of known or suspected child abuse or neglect ...”

 

COURT RULES:

 

Connecticut Practice Book (2001 Edition)

·         § 25-62  Appointment of Guardian Ad Litem.

·         §§ 32-1 to 32-9 Neglected, Uncared for and Dependent Children and Termination of Parental Rights.

·         §§ 33-1 to 33-13 Hearings Concerning Neglected, Uncared for and Dependent Children and Termination of Parental Rights.

 

COURT CASES:

(Connecticut)

 

·         DeShaney v. Winnebago County Department of Social Services, 489 U.S. 998, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989).

·         Shay v. Rossi, 253 Conn. 134, 749 A.2d 1147 (2000).

“The totality of these facts, if proven, would permit a fact finder to infer that the defendants filed the neglect and abuse petitions knowing that they were unjustified, and continued them with that knowledge,… and that they did so…to justify their prior unjustified actions… We are constrained to conclude that the factually suppported allegations are serious enough to warrant the conclusion that the defendants are not shielded by the doctrine of sovereign immunity” (180).

·         In re Michael D., 58 Conn. App. 119, 752 A.2d 1135 (2000).

“Our statutes clearly and explicitly recognize the state’s authority to act before harm occurs to protect children whose health and welfare may be adversely affected and not just children whose welfare has been affected” (124).

·         Doe v. Connecticut Department of Children and Youth Services, 712 F.Supp. 277 (1989), affirmed 911 F.2d 868 (1990).  DCF workers entitled to “qualified immunity” from liability.

·         Williams v. Hauser, 948 F.Supp. 164 (D. Conn. 1996).  DCF workers not entitled to “absolute prosecutorial immunity”.

·         In re Brian D. and Shannon D., Juvenile Matters at New Haven, April 27, 1999, 5 Conn. Ops. 582 (May 24, 1999).

Foster parents’ motion to intervene in an abuse and neglect action brought by DCF ; motion denied.

 

CLE  SEMINARS

·         Advanced and Complex Issues in Juvenile Law (Conn. Bar Assoc. Seminar, Dec. 13, 1996).

·         Juvenile Law (Conn. Bar Assoc. Seminar, Oct. 1994).

·         Representing Parents or Children in Termination of Parental Rights Cases (Conn. Bar Assoc., Oct. 6, 1993).

 

TEXTS & TREATISE:

 

·         Paul Chill, The Law of Child Abuse and Neglect in Connecticut, (1997).

·         Samuel M. Davis,  Rights of Juveniles: the Juvenile Justice System,  §§ 5A.1-5A.9 (2d ed. 2000)

·         Ann M. Haralambie, Child Sexual Abuse in Civil Cases: A Guide to Custody and Tort Actions 18-29 (1999).

§1-1 Appendix: The Investigation of Child Sexual Abuse: An International, Interdisciplinary Consensus Statement.

“The report is designed to guide state and local officials, professionals, and advocates seeking to investigate child sexual abuse” (19).

·         Inger J. Sagatun & Leonard P. Edwards, Child Abuse and the LegalSystem, 1995.

Roles of Child Protective Services, p. 38.

Role of Law Enforcement Agencies, p. 43.

The Legal Response to Child Abuse, p. 65

·         Leonard Karp & Cheryl L. Karp,  Domestic Torts: Family Violence, Conflict & Sexual Abuse, §§ 8.11 to 8.15 (1989).

§ 8.11  Establishing a §1983 Claim Against Governmental Agencies and School Districts for Failure to Report Abuse  (includes information on liability for failure to adequately investigate)

§ 8.14A  Violations of Civil Rights (1983 Claim) for Removing and Holding Children Pending Investigation.

§ 8.14B  Unnecessarily Intrusive Investigations by Protective Agencies

§ 8.15  Negligent Supervision or Abuse Prevention of Abused Child

·         2 Donald T. Kramer, Legal Rights of Children §§ 16.18 to 16.33 (2d ed. 1994).

§ 16.18  The Child Protection System

§ 16.19  Consequences of Failure to Investigate Allegations of Child Abuse

§ 16.20  Central Registries & Child Protective Service Records

§§ 16.23-16.33  Judicial Intervention

·         1 John E. B. Meyers, Evidence in Child Abuse and Neglect cases ch. 1 (3rd ed. 1997).

·         Koh Peters, Representing Children in Child ProtectiveProceedings: Ethical and Practical Dimensions  (1997).

 

LAW REVIEWS:

·         Peter J. Schmiedel, Charles P. Golbert & Adrienne Giorgolo, Rights of Abused and Neglected Children to Safe and Adequate Foster Care under the Guarantees of the Fourteenth Amendment, 20 Children’s Legal rits. J., Summer 2000, at 14.

·         Howard Davidson, The Legal Aspects of Corporal Punishment in the Home: When Does Physical Discipline Cross the Line to Become Child Abuse?, 17 Children’s Legal Rts. J., Fall 1997, at 18.

·         Dyanne C. Greer, Child Abuse and Discipline: A Parental and Prosecutorial Dilemma, 17 Children’s Legal Rts. J., Fall 1997, at 30.

·         Michael R. Beeman, Investigating Child abuse:  the Fourth Amendment and Investigatory Home Visits, 89 Col. L. Rev. 1034 (1989).

·         Allen F. Anderson, Commentary on Nursing Mothers, Drugs, and the Limits of the Criminal Process, 48 Juv. & Fam. Ct. J., Winter 1997, at 53.

·         Amy Sinden, In Search of Affirmative Duties Toward Children Under a Post -Deshaney Constitution, 39 Univ. Pa. L. Rev. 227 (1990).

·         Michael E. Lamb, The Investigation of Child Sexual Abuse: An International, Interdisciplinary Consensus Statement, 28 Fam. L. Q. 151 (1994).

·         Douglas J. Gesharov, Combating Child Abuse: Guidelines for Cooperation between Law Enforcement and Child Protective Agencies, 24 Fam. L. Q.  209 (1990).

 

COMPILER:

Barbara J. Bradley, Law Librarian, Connecticut Judicial Department, Law Library at Norwich, One Courthouse Square, Norwich, CT 06360. (860) 887‑2398. EMAIL: barbara.bradley@jud.state.ct.us.

 


§ 3 Immediate Removal of Child

2001 Edition

 

 

SCOPE:

Bibliographic resources relating to circumstances which warrant the immediate removal of a child from his or her home environment and the procedures for removal.

 

STATUTES:

Conn. Gen. Stat. (2001)

·         §17a-101f  Examination by physician. Diagnostic tests and procedures to detect child abuse.

“Any physician examining a child with respect to whom abuse or neglect is suspected shall have the right to keep such chiod in the custody of a hospital for no longer than ninety-six hours in order to perform diagnostic tests and procedures necessay to the detection of child abuse ... with or without the consent of such child’s parents or guardian ...”

·         §17a-101g(c) & (d) Removal of child in imminent risk of harm

·         §17a-105 Temporary custody of abused child upon arrest of parent or guardian.

·         §17a-113 Custody of child pending application for removal of guardian or termination of parental rights; enforcement by warrant.

·         §45a-607 Temporary custody of minor pending application to probate court for removal of guardian or termination of parental rights.  [ex parte orders]

·         § 45a-609 Application for removal of parent as guardian. Hearing. Notice…

·         § 45a-610 Removal of parent as guardian.

·         §46b-129(b)  Commitment of child or youth. Petition for neglected, uncared-for, dependent child or youth.

 

·         Mashantucket Pequot Tribal Laws tit. 5, ch. 3, §§ 3-4.

 

REGULATIONS

 

 

 

Conn. Agencies Regs. (1994)

·         §17a-101-12 Circumstances for immediate removal (96-Hour Hold)

“Under the following circumstances, the Commissioner in accordance with Section 17a-101-13 may immediately remove a child from his surroundings for a period not to exceed 96-hours.

·         §17a-101-13 Procedures for immediate removal.

·         §17a-101(e)-5 Notification of law enforcement agencies - removal of child from the home - child to remain in own home.

 

COURT RULES:

 

Connecticut Practice Book (2001 Edition).

·         §32-6  Order of Temporary Custody

(1)     “Upon proper application therefor, an order of temporary custody may be issued ex parte by the court at the time of the filing of the petition or subsequent thereto...”

·         § 32-7 Statement in Temporary Custody Order of Respondent’s Rights and of Subsequent Hearing.

·         § 32-8 Authority of Temporary Custodian.

·         § 32-9 Emergency, Life-threatening Medical Situation –Procedures.

 

FORMS:

·         Mary Ellen Wynn & Ellen B. Lubell, Handbook of Forms for the Connecticut Family Lawyer145-150 (1991) Application for Ex parte Temporary Injuction.

 

 

COURT CASES:

(Connecticut)

 

 

·         Pamela B. v. Ment, 244 Conn. 296, 709 A.2d 1089 (1998).

“The plaintiff… brought this action … seeking a declaratory judgment … and injunctive relief on behalf of herself and a class of persons consisting of all parents in the state whose children have been or may be seized by the state department of children and families, and who have been or may be denied their statutory and constitutional right to challenge the state’s temporary custody in a timely evidentiary hearing” (299).

·         Williams v. Hauser, 948 F. Supp. 164 (D. Conn. 1996). Mother brought action against DCF social workers and four police officers alleging they violated her rights when they secured a court order to obtain custody of her children.

“… the motion to dismiss based on absolute immunity is denied. Qualified immunity sufficiently protects the interests of DCF employees and ensures the right balance between an efficient judicial process and the responsible removal of children” (167).

·         Doe v. Connecticut Department of Children and Youth Services, 712 Fed. Supp. 277 (D. Conn. 1989), affirmed 911 F.2d 868 (1990). “Civil rights action was brought agains state child welfare officials arising out of emergency removal and temporary custody of child based on allegations of child abuse.”

·         In re Juvenile Appeal (83-CD), 189 Conn. 276 (1983).

“§46b-129(b) is constitutional ... and ... the standard of proof applicable to temporary custody proceedings pursuant to §46b-129(b) is a fair preponderance of the evidence.”

 

TEXTS & TREATISE:

 

·         Paul Chill, The Law of Child Abuse and Neglect in Connecticut , 35-43 (1997).

·         Arthur E. Webster, Child Protection in Connecticut Courts: Basic Practiceand Procedure, in Juvenile Law 7 (Connecticut Bar Association Seminar Manual, October 1994).

 

LAW REVIEWS:

·         Eliot R. Clauss, Ex Parte Order in Child Abuse Cases: Minimizing Judicial Process Trauma, 4 Conn. Fam. Law., Winter 1989, at 38.

 

COMPILER:

Barbara J. Bradley, Law Librarian, Connecticut Judicial Department, Law Library at Norwich, One Courthouse Square, Norwich, CT 06360. (860) 887‑2398. EMAIL: barbara.bradley@jud.state.ct.us.

 


§ 4 Child Witnesses in Connecticut

2001 Edition

 

SCOPE:

Bibliographic resources relating to the vulnerability of child witnesses and the reliability of child testimony.

 

CONSTITUTION:

·         U.S. Const. amend. VI.

·         Conn. Const. art. I, § 8.

 

STATUTES

 

Conn. Gen. Statutes (2001)

·         § 1-25 Oath for witnesses 12 years of age or younger

·         § 46b-49 Private hearing.

·         § 46b-138a Testimony of accused juvenile, parent or guardian in juvenile proceedings.

·         § 54-86g Testimony of victim of child abuse.

·         § 54-86h Competency of child as witness.

 

Unites States Code Annotated

·         18 U.S.C.A. § 3509 Child victims and child witnesses’ rights (West 2000).

 

COURT RULES

 

·         Connecticut Practice Book (2001 Edition)

§ 25-59  Closed Hearings and Records.

§ 34-1 Right to Counsel and to Remain Silent.

§ 34-4  Child Witness (juvenile matters).

 

CASES:

 

·         Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 102 S.Ct. 2613 (1982).

This case addresses the constitutionality of  a Massachusetts statute which, “as construed by the Massachusetts Supreme Judicial Court, requires trial judges, at trials for specified sexual offenses involving a victim under the age of 18, to exclude the press and general public from the courtroom during the testimony of that victim.” (p. 598)

Held:  “... § 16A, as construed by the Massachusetts Supreme Judicial Court, violates the First Amendment to the Constitution.” (p. 610-611)

·         State v. Aponte, 249 Conn. 735, 738 A.2d 117 (1999)

“We conclude that the actions of the prosecutor in giving the victima Barney doll prior to her testifying, along with the trial court’s limitations on the defendant’s ability to expose to the jury the impact that such conduct may have had on her testimony, harmfully deprived the defendant of due process…”(737).

“This four year old’s inability to immediately ‘shift gears’ does not demonstrate a lack of comprehension such that her testimony should have been disallowed” (760).

·         State v. Jarzbek, 204 Conn. 683, 529 A.2d 1245 (1987).

“We conclude that, in criminal prosecutions involving the alleged sexual abuse of children of tender years, the practice of videotaping the testimony of a minor victim outside the physical presence of the defendant is, in appropriate circumstances, constitutionally permissible... We ... mandate a cases-by-case analysis, whereby a trial court must balance the individual defendant’s right of confrontation against the interest of the state in obtaining reliable testimony from the particular minor victim in question.”  (p. 704)

·         State v. Jarzbek, 210 Conn. 396, 554 A.2d 1094 (1989).

“... we conclude that the trial was not clearly erroneous in finding that the state had met its burden of proving, by clear and convincing evidence, that the minor child in this case could not have testified truthfully and reliably in the physical presence of the defendant.”  (p. 401)

·         State v. James, 211 Conn. 555, 560 A.2d 426 (1989).

“We conclude that the trial court did not abuse its discretion in refusing the defendant’s request to charge upon the credibility of a child witness.” (p. 571)

·         State v. Angel, 237 Conn. 321, 677 A.2d 912 (1996).

“The defendant in this case has similarly failed to establish that the trial court’s refusal to grant his request for a child credibility instruction constituted an abuse of discretion.”  (p. 331)

·         State v. Marquis, 241 Conn. 823, 699 A.2d 893 (1997).

“The issue in this certified appeal is whether a trial court has the discretion, under State v. Jarzbek, .... and General Statutes § 54-86g, to order that a child witness be examined by an expert witness for the defense before deciding whether to grant the state’s motion for videotaped testimony pursuant to § 54-86g(a).  We conclude that the trial court has the discretion to order such an examination ...”  (p. 824-825)

 

DIGESTS:

·            West Key Numbers:  Witnesses 39, 40(1,2), 45(2)

 

ENCYCLOPEDIAS:

·         81 Am. Jur. 2d Witnesses §§ 210-224 (1992).

·         97 C.J.S. Witnesses §§ 58, 63 (1957).

·         Carol J. Miller, Annotation, Instructions to Jury as to Credibility of Child’s Testimony in Criminal Case, 32 A.L.R. 4th 1196 (1984).

 

TEXTS &

TREATISES:

 

 

 

 

 

 

 

 

 

 

 

 

·         Paul Chill, The Law of child Abuse and Neglect in Connecticut 79-80 (1997).

·         Lucy S. McGough, Child Witnesses: Fragile Voices in the AmericanLegal System (1994).

·         Ann M. Haralambie, Child Sexual Abuse in Civil Cases: A Guide to Custody and Tort Actions 317-338 (1999)

·         Anne Griffen Walker, Handbook on Questioning Children: A Linguistic Perspective (1994).

·         Ann. M Haralambie, The Child’s Attorney: A Guide to Representing Children in Custody, Adoption, and Protection Cases 103-133 (1993).

·         2 Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993).

§§ 24.10 - 24.16 “Children’s Memory”

§§ 24.17-24.22 “Children’s Testimony”

§§ 21.07 “Child Witness”

·         John E.B. Meyers, Evidence in Child Abuse & Neglect Cases chs. 3 & 6 (3rd ed., 1997).

·         Jon’a F. Meyer, Inaccuracies in Children’s Testimony: Memory, Suggestibility, or Obedience  to Authority (1997).

·         1 Donald T. Kramer, Legal Rights of Children  §§ 13.01-13.14 (1994).

·         Michael J. Dale et al., Representing the Child Client §§ 7.01-7.7.09 (1987).

 

 

LAW REVIEWS:

·            Jonathan Spodnick, Competency of the Child Witness in Sexual Assault Cases: Examining the Constitutionality of Connecticut General Statute §54-86h,  10 Univ. of Bridgeport L. Rev. 135 (1989).

·         Kerry R. Callahan, Protecting Child Sexual Abuse Victims in Connecticut, 21 Conn. L. Rev. 411 (1989).

·         Nancy W. Perry and Larry L. Teply, Interviewing, Counseling, and In-Court Examination of Children: Practical Approaches for Attorneys, 18 Creighton L. Rev. 1369 (1985), reprinted in Jean Koh Peters, Representing Children in Child Protective Proceedings: Ethical and Practical Dimensions 577 (1997).

·         Julie A. Dale, Ensuring Reliable Testimony From Child Witnesses in Sexual Abuse Cases: Applying Social Science Evidence to a New Fact-Finding Method, 57 Albany L. Rev. 187 (1993).

·          

COMPILER:

Barbara J. Bradley, Law Librarian, Connecticut Judicial Department, Law Library at Norwich, One Courthouse Square, Norwich, CT 06360. (860) 887‑2398. EMAIL: barbara.bradley@jud.state.ct.us.

 


 

§ 5 Child Abuse Prevention

2001 Edition

 

SCOPE:

Bibliographic resources relating to state and federal programs and activities developed to prevent child abuse and neglect

 

STATUTES:

Conn. Gen. Statutes

·          §7-294g  State and local police training programs to provide training re domestic violence, child abuse,and suicide intervention procedures

·          §17a-3  Powers and duties of the department. Master Plan. [Department of Children and Families]

·         §17a-49  Grants for programs to treat and prevent child abuse and neglect ...

·         §17a-50  Children’s Trust Fund established...

·          There is established a Children’s Trust Fund the resources of which shall be used by the Department of Children and Families ... to fund programs aimed at preventing child abuse.

·          §17a-101  Protection of children from abuse. Mandated reporters. Training     program for identification and reporting of child abuse and neglect.

·          §17a-106  Cooperation in relation to prevention, identification and investigation of child abuse and neglect.

·          §17a-106c  Family Violence Coordinating Council. Members. Responsibilities.

The responsibility of the council shall include, but not be limited to: … (2) identifying and promoting legislation, services and resources to prevent and address family violence;

·         § 17a-125 Out-of-Home Placements Advisory Council.

·         §19a-4i  Office of Injury Prevention.

·         §46a-13K et seq.  Office of the Child Advocate

 

United States Code

·         42 U.S.C.A. §5101 et seq. (West Supp. 2000). “Child Abuse Prevention and Treatment Act”

 

REGULATIONS

 

 

 

·         Conn. Agencies Regs. §§ 17a-50-1 to 17a-50-7 (1993)

§17a-50-1(c) “‘Children’s Trust Fund’ means a designated account operated and maintained by the Department to provide financial support for community based child abuse prevention activities.”

 

·         45 C.F.R Part 1340 (2000) Child abuse and neglect prevention and treatment.

 

TREATISES:

·         2 Donald T. Kramer, Legal Rights of Children §§ 17.01-17.12 (2d ed. 1994).

 

LAW REVIEWS:

·         Jennifer L. Reichert, Judges’ Group Releases Guidelines for Protecting Victims of Family Violence, 35 Trial, August 1999, at 83.

·         Howard A. Davidson, Protecting America’s Children: a Challenge, 35 Trial, January 1999, at 22.

·         Michael S. Wald & Sophia Cohen, Preventing Child Abuse—What Will It Take?, 20 Fam. L. Q.  281 (1986).

 

COMPILER:

Barbara J. Bradley, Law Librarian, Connecticut Judicial Department, Law Library at Norwich, One Courthouse Square, Norwich, CT 06360. (860) 887‑2398. EMAIL: barbara.bradley@jud.state.ct.us.

 


 

§ 6 False Allegations of Child Abuse

2001 Edition

 

SCOPE:

Bibliographic resources relating to false reports or false allegations of child abuse.

 

STATUTES:

Conn. Gen. Statutes (2001)

·         §17a-101e(c)  False reports of child abuse. Penalty.

·         §17a-103 Reports by others. False reports. Notification to law enforcement agency.

(a) “All oral reports of suspected child abuse or neglect shall be recorded and the person receiving the report “shall state the penalty for knowingly making a false report ...”

(b) “... if the commissioner or his representative suspects or knows that such person has knowingly made a false report, such identity shall be disclosed to the appropriate law enforcement agency and to the perpetrator of the alleged abuse.”

·         §45a-615 False or malicious application for removal of guardian. Penalty.

 

REGULATIONS

 

 

 

Conn. Agencies Regs. (1994)

·         §17a-101-4(a)  “...all reports that are determined to be unfounded shall be expunged.

·         §17a-101(e)-4(d)  “Reports of child abuse or neglect determined to be unfounded will be expunged from the Child Abuse and Neglect Registry ...”

 

COURT CASES:

(Connecticut)

 

·         Wilkinson v. Wiegand, Superior Court, judicial district of Harford-New Britain at Hartford, Docket No. FA92 0517285 (January 27, 1995).

In this dissolution of marriage case, the Plaintiff husband was awarded a $500,000 lump sum alimony payment.  “Of particular note is the intolerable cruelty which the Defendant has caused by subjecting the Plaintiff to false allegations of sexual abuse, and the humiliation which resulted from that ...”

·         Butler v. Butler, Superior Court, judicial district of Hartford-New Britain at West Hartford, Docket No. FA90-027128S (February 19, 1992).

A child custody dispute where allegations of child sexual abuse were made by the mother.  The allegations were evenually found to be invalid.  The parties were granted joint legal custody, and primary physical custody was given to the Plaintiff father.

 

TEXTS & TREATISE:

 

·         Inger J. Sagatun & Leonard P. Edwards, Child Abuse and the LegalSystem 100 (1995).

·         Sandra Morgan LittleChild Cusody and Visitation Law & Practice § 31.02[1][f], § 31.04[1] (2000).

·         1 John E.B. Meyers, Evidence in Child Abuse and Neglect

§5.5 (3rd ed. 1997)

·         2 Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases §16.03 (1993).

·         Ann M. Haralambie, Child Sexual Abuse in Civil Cases: A Guide to Custody and Tort Actions (1999) [see index references under ‘false allegations’]

 

LAW REVIEWS:

·         Terese L. Fitzpatrick, Innocent Until Proven Guilty: Shallow Words for the Falsely Accused in a Criminal Prosecution for Child Sexual Abuse, 12 Univ. Bridg. L. Rev. 175 (1991).

·         Corey L. Gordon, False Accusations of Child Abuse in Child Custody Disputes, 4 Conn. Fam. L. J. 11 (1985).

·         Richard A. Gardner, Differentiating Between Bona fide and Fabiricated Allegations of Sexual Abuse of Children, 5 J. Am. Acad. Matrim. Law. 1 (1989).

·         Curtis M. Loveless, Sexual Abuse Allegations in Child Custody Cases—Some Practical Considerations, 5 J. Am. Acad. Matrim. Law. 47 (1989).

·          Meredith Sherman Fahn, Allegations of Child Sexual Abuse in Custody Disputes: Getting to the Truth of the Matter,  25 Fam. L. Q. 193 (1991).

·         Ann M. Haralambie, Child Sexual Abuse: Defending the Alleged Abuser, 17 Fam. Advoc, Winter 1995, at 52.

 

COMPILER:

Barbara J. Bradley, Law Librarian, Connecticut Judicial Department, Law Library at Norwich, One Courthouse Square, Norwich, CT 06360. (860) 887‑2398. EMAIL: barbara.bradley@jud.state.ct.us.

 


§ 7 Child Abuse and the Unborn

2001 Edition

 

SCOPE:

Bibliographic resources relating to abuse or neglect of an unborn child and the extent to which a parent may be held accountable for prenatal injury

 

STATUTES:

Conn. Gen. Statues (2001)

·         §17a-710  Substance abuse treatment programs for pregnant women and their children.

·         §17a-711  Task force on substance-abusing women and their children.

 

COURT CASES:

(Connecticut)

 

·         In Re Valerie D., 223 Conn. 492 (1992)

“We therefore infer from the legislative activity in 1990 an intent that §45a-717(f)(2) does not contemplate a petition for termination of parental rights based upon the prenatal drug use by the mother.”

 

TEXTS & TREATISE:

 

·         Inger J. Sagatun & Leonard P. Edwards, Child Abuse and the LegalSystem, 231-243 (1995).

Chap. 14 “Fetal Abuse”: The Case of Drug-Exposed Infants.

·         2 Donald T. KramerLegal Rights of Children §16.11 (2d ed. 1994).

 

LAW REVIEWS:

·         David A. Hollander, In Re Valerie D.: The New Word on the Street, 13 Bridgeport L. Rev. 989 (1993).

·         Margeret P. Spencer, Prosecutorial Immunity: The Response to Prenatal Drug Use, 25 Conn. L. Rev. 393 (1993).

·         Jessica Pearson & Nancy Thoennes, What Happens to Pregnant Substance Abusers and Their Babies?, 47 Juv. & Fam. Ct. J., Spring 1996, at 15.

·         Bonnie I. Robin-Vergeer, The Problem with the Drug-Exposed Newborn: A Return to Principled Intervention, 42 Stan. L. Rev. 745 (1990).

·         Allen F. Anderson, Commentary on Nursing Mothers, Drugs, and the Limits of the Criminal Process, 48 Juv. & Fam. Ct. J., Winter 1997, at 53.

·         Doretta Massardo McGinnis, The Prosecution of Mothers of  Drug-Exposed Babies: Constitutional and Criminal Theory, 139 Univ. Pa. L. Rev. 505 (1990).

·         Shona Glink, The Prosecution of Maternal Fetal Abuse: Is This the Answer, 1991 Univ. Ill. L. Rev. 533 (1991).

·         Dorothy E. Roberts, Punishing Drug Addicts Who Have Babies: Women of Color, Equality, and the Right to Privacy, 104 Harv. L. Rev. 1419 (1991).

·         Timothy Lynch & Nancy Grace, Individual Right: Is the Prosecution of ‘Fetal Endangerment’ Illegitimate, 82 A.B.A. J., December 1996, at 72.

·         Robyn M. Kaufman, Legal Recognition of Independent Fetal Rights: The Trend Towards Criminalizing Prenatal Conduct, 17 Children’s Legal Rts. J.,Spring 1997, at 20.

 

COMPILER:

Barbara J. Bradley, Law Librarian, Connecticut Judicial Department, Law Library at Norwich, One Courthouse Square, Norwich, CT 06360. (860) 887‑2398. EMAIL: barbara.bradley@jud.state.ct.us.

 


§ 8 Adult Memories of Child Abuse

2001 Edition

 

SCOPE:

Bibliographic resources relating to adult memories of child abuse or “repressed memory syndrome”

 

STATUTES:

Conn. Gen. Statutes (2001)

·         § 52-577d  Limitation of action for damages to minor caused by sexual abuse, exploitation or assault.

 

COURT CASES:

(Connecticut)

 

·         Borawick v. Shay, 68 F.3d 597 (2d Cir. 1995), cert. denied, 517  U.S. 1229 (1996).

“... the fact remains that the literature has not yet conclusively demonstrated that hypnosis is a consistently effective means to retrieve repressed memories of traumatic, past experiences accurately ...” (p. 606)

·         Henderson v. Wooley, 230 Conn. 472 (1994)

“… the parental immunity doctrine does not bar an action by a minor child against his or her parent for personal injuries arising out of sexual abuse,  sexual assault or sexual exploitation” (486).

 

ENCYCLOPEDIAS:

·         Russell G. Donaldson, Annotation, Running of Limitations Against Action for Civil Damages for Sexual Abuse of Child,  9 A.L.R. 5th 321 (1993).

 

TEXTS & TREATISE:

 

·         Inger J. Sagatun & Leonard P. Edwards, Child Abuse and the LegalSystem 255 (1995).

·         Ann M. Haralambie, Handling Child Custody, Abuse and AdoptionCases §20.08 (1993). 

·         Marc J. Ackerman, Sexual Abuse Memories: Repressed, False, or Fabricated, in 1995 Wiley Family Law Update ch. 1 (1995).

 

LAW REVIEWS:

·         Joseph A. Spadaro, An Elusive Search for the Truth: the Admissibility of Repressed and Recovered Memories in Light of Daubert v. Merrell Dow Pharmaceuticals, Inc, 30 Conn. L. Rev. 1147 (1998).

·         Elaine Song, A New Test for Painful ‘Memories’: The 2nd Circuit Lays Down the Law on Hypnosis Evidence in Sex-Abuse Cases, 21 Conn. L.  Trib., November 6, 1995, at 1.

·         Lynne Stern, Therapist who Accused Patient’s Parent of Sexual Abuse Owed Parent no Duty of Care, 35 Trial, May 1999, at 97.

·         Cheryl L. Karp, The Repressed Memory Controversy, 17 Fam. Advoc., Winter 1995, at 70.

·         Holly Metz, Fact or Fantasy? the Debate Over ‘Repressed Memory Syndrome’ Enters the Courtroom,  24 Student Law., December 1995, at 20.

·         Cynthia Grant Bowman & Elizabeth Mertz, What Should Courts do About Memories of Sexual Abuse? Toward a Balanced Approach, 35 Judges’ J., Fall 1996, at 7.

·         Jacqueline Kanovitz, Hypnotic Memories and Civil Sexual Abuse Trials, 45 Vand. L. Rev. 1185 (1992).

 

COMPILER:

Barbara J. Bradley, Law Librarian, Connecticut Judicial Department, Law Library at Norwich, One Courthouse Square, Norwich, CT 06360. (860) 887‑2398. EMAIL: barbara.bradley@jud.state.ct.us.