Sec. 17a-247b. Establishment and maintenance of registry.
Sec. 17a-247b. Establishment and maintenance of registry. (a) The Department
of Developmental Services shall establish and maintain a registry of individuals who
have been terminated or separated from employment as a result of substantiated abuse
or neglect. The department shall, for the purposes of maintaining the registry, be capable
of responding to inquiries in accordance with subsection (c) of this section as to whether
an individual has been terminated or separated from employment as a result of substantiated abuse or neglect. Such capability may include response by telephone voice mail
or other automated response for initial inquiries.
(b) The registry shall include, but not be limited to, the following: (1) The names,
addresses and Social Security numbers of those individuals terminated or separated
from employment as a result of substantiated abuse or neglect; (2) the date of termination
or separation; (3) the type of abuse or neglect; and (4) the name of any employer or
authorized agency requesting information from the registry, the reason for the request
and the date of the request.
(c) The department shall make information in the registry available only to: (1)
Authorized agencies, for the purpose of protective service determinations; (2) employers
who employ individuals to provide services to a department client; or (3) the Departments of Children and Families and Mental Health and Addiction Services, for the
purpose of determining whether an applicant for employment appears on the registry.
(d) The department shall limit responses to requests for identifying information
from the registry established under this section to (1) identification of the individual
terminated or separated from employment for substantiated abuse or neglect, and (2)
the type of abuse or neglect so substantiated.
(e) Not later than five business days following receipt of written notification by an
authorized agency of the substantiation of abuse or neglect by an employee who has
been terminated or separated from employment for such abuse or neglect, an employer
shall submit to the department the name of such employee and such other information
as the department may request. Upon receipt of notification of such termination or separation, the department shall conduct a hearing in accordance with sections 4-177 to 4-181a, inclusive, governing contested cases. The department shall not place an individual's name on the registry until the department has completed the hearing and the hearing
has resulted in a decision to place the individual's name on the registry.
(f) The department shall remove an employee's name from the registry if an arbitration or a legal proceeding results in a finding that the employee was unfairly terminated
from employment.
(g) No employer shall be liable in any civil action for damages brought by an employee or an applicant for employment whose name appears on the registry established
by this section arising out of the conduct of the employer in (1) making any report in
good faith pursuant to subsection (e) of this section, (2) testifying under oath in any
administrative or judicial proceeding arising from such report, (3) refusing to hire or to
retain any individual whose name appears on the registry established under this section,
or (4) taking any other action to conform to the requirements of this section. The immunity provided in this subsection shall not apply to gross negligence or to wilful or wanton
misconduct.
(June 18 Sp. Sess. P.A. 97-2, S. 157, 165; P.A. 98-133, S. 2; P.A. 00-37, S. 2, 5; P.A. 07-73, S. 2(a); 07-238, S. 4.)
History: June 18 Sp. Sess. P.A. 97-2 effective July 1, 1997; P.A. 98-133 amended Subsec. (c) by changing employers
"seeking to employ a person" to employers "who employ individuals", amended Subsec. (e) requiring employers to submit
names five business days following "receipt of written notification by an authorized agency of the substantiation of abuse
or neglect by an employee who has been terminated or separated from employment for such abuse or neglect" rather than
following "an employee's termination or separation from employment for abuse or neglect", deleted requirement that the
department make a determination of substantiated abuse or neglect before placing a name on the registry and replaced it
with a requirement of a hearing in accordance with sections 4-177 to 4-181a and a decision before placing a name on the
registry, added new Subsec. (f) re removal of name from registry and relettered remaining section accordingly; P.A. 00-37 amended Subsec. (a) by adding provision re responding to inquiries in accordance with Subsec. (c), by providing that
response capability may include response by telephone voice mail or other automated response, and by deleting mandatory
automated response requirement, and amended Subsec. (c) by deleting provision re limited information available through
an automated response to an initial inquiry, effective May 1, 2000; pursuant to P.A. 07-73 "Department of Mental Retardation" was changed editorially by the Revisors to "Department of Developmental Services", effective October 1, 2007;
P.A. 07-238 added Subsec. (c)(3) to make registry information available to Departments of Children and Families and
Mental Health and Addiction Services for the purpose of determining whether applicant for employment appears on the
registry.