Conn. Agencies Regs. § 17a-247e-2

Current through October 16, 2024

Section 17a-247e-2 - Substantiation of abuse or neglect by authorized agencies

For the purposes of Sections 17a-247e-1 to 17a-247e-9, inclusive, of the Regulations of Connecticut State Agencies, the following are authorized to substantiate abuse or neglect:

(a) Office of Protection and Advocacy for Persons with Disabilities pursuant to Sec. 46a-11a through Sec. 46a-13a, inclusive, of the Connecticut General Statutes;

(b) Commissioner of the Department of Mental Retardation pursuant to Sec. 17a-210(a), of the Connecticut General Statutes;

(c) Department of Children and Families pursuant to Sec. 17a-101, of the Connecticut General Statutes;

(d) Department of Social Services pursuant to Sec. 17b-450, of the Connecticut General Statutes; and

(e) Any other agency authorized in accordance with the Connecticut General Statutes to conduct abuse and neglect investigations and responsible for issuing or carrying out protective services for persons with mental retardation.

(f) Substantiation of the allegation(s) of abuse or neglect for purposes of subdivision (11) of Section 17a-247a of the Connecticut General Statutes by an authorized agency requires the following:

(1) that the authorized agency conduct an independent investigation into the allegation(s) of abuse or neglect reported in accordance with Section 46a-11b of the Connecticut General Statutes; or

(2) that the authorized agency independently monitor and evaluate the merits and adequacy of the investigation conducted by or on behalf of the employer or other investigative authority by (A) confirming the accuracy of witness statements, (B) confirming the sources, documentation and evidence relied upon in the investigation, and (C) conducting such supervision and review activities as may be sufficient, in the exercise of professional judgment by an investigator employed by the authorized agency and trained by the State of Connecticut, to confirm that the finding(s) are supported by a preponderance of the evidence;

(3) Following the completion of the procedures set forth in subdivisions (1) or (2) of this subsection, an authorized agency shall issue a written report or statement articulating:

(A) the allegation(s) of abuse or neglect which are substantiated in accordance with the definitions set forth in Section 17a-247a of the Connecticut General Statutes;

(B) a description of the procedures, as set forth in this section, used by the authorized agency in determining that the allegation(s) of abuse or neglect are substantiated; and

(C) specific reference to the evidence upon which the authorized agency relied in substantiating the allegation(s) of abuse or neglect.

Conn. Agencies Regs. § 17a-247e-2

Adopted effective December 7, 1999; Amended December 10, 2002