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I responded too quickly with my previous answer.  Federal law (CAPTA, Sec. 106) requires that the state have a plan for hospitals to refer substance exposed newborns and newborns with FAS to the child protection agency. This is enforced by withholding Title IV-E dollars from the state.

 

Barbara J. Claire

Agency Legal Director

Department of Children and Families

505 Hudson Street

Hartford, CT   06106

phone:  860-550-6557

fax:       860-560-7086

From: KidsCounsel ListServ [mailto:[log in to unmask]] On Behalf Of Jay Sicklick
Sent: Thursday, June 02, 2016 11:53 AM
To: [log in to unmask]
Subject: Re: [KIDSCOUNSEL-L] [CHILD_PROTECTION-L] Pregnant minor

 

Jennifer:

 

The answer is no – there is no mandatory requirement that a hospital refer this type of situation to DCF, unless there is some indication that the newborn is at imminent risk.  There is sometimes a presumption from hospital labor and delivery personnel that minors of this age who deliver babies should be referred to DCF, but it is absolutely discretionary and should be viewed with some skepticism. 

 

Again – the standard is that the mandatory reporter must have reasonable cause to suspect abuse neglect of imminent risk of harm.  If they suspect that the father may be 21 or over, then a referral would be warranted. 

 

JS

 

 

Jay E. Sicklick, Deputy Director

Center for Children’s Advocacy

UCONN School of Law

65 Elizabeth St.

Hartford, CT 06105

(860) 570-5327

www.kidscounsel.org

 

 

 

From: Child Protection Attorneys [mailto:[log in to unmask]] On Behalf Of Jennifer Celentano
Sent: Thursday, June 02, 2016 11:28 AM
To: [log in to unmask]
Subject: [CHILD_PROTECTION-L] Pregnant minor

 

Hello all,
Wondering if a hospital automatically does a referral to DCF when a minor has a child? The minor child is 15 and will turn 16 next month. She is due sometime in October. I have had several cases involving pregnant minors and the referrals were from the hospital. I wanted to find out whether there is a mandatory Referral from the hospital or is it discretionary? Thanks in advance for any responses.
Jennifer

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