Policy Manual
Criteria for Recommendation for Placement on the Central Registry
Introduction
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NOTICE: Pursuant to Conn. Gen. Stat. Sec. 17a-101k(i), draft Regulations related to substantiation policy are currently under review. Since this review includes entities outside of the agency, as well as the public, the final version of the Regulations may vary from this Policy. This Policy will be updated when the Regulations are finalized.
Public Act 05-207 directs DCF, following a substantiated allegation of neglect or abuse, to identify a perpetrator, if possible, and make a separate determination that the person should or should not be on the Central Registry. Before this public act, any person substantiated for neglect or abuse was automatically placed on the Central Registry. Effective December 1, 2005, in order to place a person on the Central Registry DCF must make a finding that
- Child abuse or neglect has occurred
- There is an identifiable person responsible for abuse or neglect (substantiated perpetrator)
- The person poses a risk to the health, safety or well-being of children, and
- The person should be recommended for placement on the Central Registry
The person has the right to appeal the substantiation and the recommendation for placement on the Registry.
Guidance for Decision-making
It is the obligation of the Department to justify the inclusion of a “person responsible” on the Central Registry. Department staff shall be expected in all circumstances to demonstrate a determination based upon professional judgment.
The identified perpetrator shall be recommended by investigations staff for placement on the Registry, and shall be confirmed by the Hearings Officer for placement on the Registry when
- the substantiation is for sexual abuse and the perpetrator is over sixteen (16) years of age
- there is a second substantiation for physical or emotional abuse
- the perpetrator of physical or emotional abuse is likely to have ongoing parent/guardian/caretaker or person entrusted responsibility for the victim and an assessment of risk indicates a moderate to high risk of recurrence of child maltreatment of the victim
- the perpetrator of physical or emotional abuse is a person entrusted with the care of a child as defined in the operational definitions
- the perpetrator is arrested for the act of abuse or neglect that is substantiated
- the department files a petition for neglect or termination of parental rights pursuant to C.G.S. §§46b-129 or 17a-112, respectively
NOTE: On appeal, a Registry recommendation based solely on an arrest or a neglect/termination petition shall be reversed upon a showing that the civil or criminal case was finally disposed of without a finding by a court that the identified person responsible committed the act of abuse or neglect that is the subject of the substantiation.
In all other cases in which the department substantiates abuse or neglect by an identified perpetrator, the investigator, and the Hearings Officer in cases which proceed to administrative hearing, shall review the case for a determination of whether the perpetrator poses a risk to the health, safety and well-being of children and should be recommended for placement on the Central Registry. The investigator, and the Hearing Officer, shall look at factors including the intent of the perpetrator, the severity of the impact and the chronicity of the perpetrator’s conduct in making that determination.
Abuse
Type of Abuse Criteria
Physical Abuse
Intent
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Did the perpetrator intend to cause physical harm?
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Was the abuse finding related to medically-defined malnutrition or failure to thrive stemming from the deliberate withholding of food or liquid and did the perpetrator have sufficient knowledge about the basic nutritional needs of the victim?
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Was the abuse finding based upon documentation of cruelty by the perpetrator?
Severity
Regardless of intent, would the perpetrator have been reasonably expected to know that his/her actions had a high likelihood of resulting in serious injury to the victim?
Did the abuse result 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?
Chronicity
Was there information that leads to the conclusion that the substantiated abuse was not an isolated incident?
Excessive Force
- Was the amount of force used leading to the abuse of the child unreasonable given the age or size of the child?
Sexual Abuse
If the perpetrator is under the age of sixteen (16), has he/she been asked to participate in an evaluation to determine the risk of re-offending, and has he/she refused to participate?
If the perpetrator is under the age of sixteen (16), has an evaluation been conducted by a licensed evaluator with expertise in determining the risk of re-offending who has concluded that the perpetrator is at moderate to high risk of re-offending?
Emotional Abuse or Maltreatment
Intent
Was there information that would lead to the conclusion that the perpetrator had reason to know that his/ her acts or statements were cruel or unconscionable?
Would the perpetrator have been reasonably expected to know that his/ her acts or statements would be detrimental to the child’s health, safety or well-being?
Severity
- Is the impact on the child likely to be of lasting duration??
Chronicity
Was there information that leads to the conclusion that the substantiated abuse was not an isolated incident?
Neglect
Type of Neglect Criteria
Educational Neglect
No perpetrator shall be recommended for placement on the Central Registry if the only substantiated allegation is educational neglect.
All categories
Intent
- Is there reason to believe that the perpetrator 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?
Severity
- Was there a serious adverse impact to the victim, or a serious disregard for the victim’s welfare?
- Was the neglect associated with the death of a child but not what a reasonable person would consider an accident?
Chronicity
- Was there a pattern or chronic nature to the neglect regardless of the measurable impact to the victim?
- Was there a previous substantiation of neglect by this perpetrator and was the prior substantiated for an incident or conduct unrelated to the current incident or conduct?
Behavioral Health or Domestic Violence Considerations
If substance abuse or domestic violence was a significant contributing factor in the substantiation, did the perpetrator refuse to acknowledge that factor, refuse to take responsibility for the resulting conduct or provide no viable plan to address the contributing factor?
