As a doctor, you must provide care to your patients and protect their confidentiality. However, doctors are mandated reporters of abuse and neglect of children under Connecticut state law.
Being a mandated reporter means that the Connecticut Department of Children and Families (DCF) can investigate a failure to report, putting you and your practice in a difficult position. At Mark Sherman Law, our attorneys can help Norwalk doctors in DCF investigations protect themselves and their futures.
Many health professionals are mandated reporters, from physicians and nurses to dentists and psychologists. Under Connecticut General Statutes § 17a-101, doctors must file a report if they have “reasonable cause to suspect or believe” that a child has been abused or neglected.
You may be familiar with this responsibility from the required training materials provided by DCF as a part of your licensing. The duty to report requires notification as soon as “practicable” but no more than 12 hours after the suspicion or belief arises, under Connecticut General Statutes § 17a-101b.
If DCF conducts an investigation of abuse of one of your patients, they can ask whether you observed signs of abuse when you treated the child, and they can recommend that charges be brought accordingly. Failing to report abuse can lead to a misdemeanor charge or a felony charge if there were subsequent failures or intentional actions to prevent reporting.
As a result, you could serve a jail sentence and pay monetary fines, in addition to having your license suspended or revoked. With your career as a doctor in Norwalk in jeopardy, you should have an attorney help you throughout a DCF investigation.
It might appear that DCF contacted you for information about a child who is at the center of a separate investigation. However, DCF’s focus can shift to you quickly if the agency believes you did not report your suspicion about the abuse of that child.
The aid of a skilled lawyer can intercept DCF’s inquiry and help you avoid casting suspicion onto yourself while allowing DCF to continue its investigation. Your attorney can advise you on how to communicate with DCF and can act as your agent in those discussions.
As you review your files relating to the case, your attorney can also advise you on what documents you need to disclose and what information you must keep confidential, depending on whether the patient’s guardian has agreed to allow DCF access to their child’s records. Your duty of confidentiality to your patient still matters, even if DCF is claiming you should have broken that confidentiality in favor of your duty as a mandated reporter.
A DCF investigation can last up to 45 days, at which point the agency must decide to move forward or close the case. Should DCF investigate you as a doctor, a Norwalk attorney can assist you in minimizing risk and building your defense. If necessary, an attorney can represent you in further criminal proceedings.
Being a doctor requires professional judgment, and you deserve the chance to exercise your judgment for your patients. Hiring an attorney can help protect your rights as a doctor and ensure that protection into the future.
The Law Offices of Mark Sherman can represent Norwalk doctors in DCF investigations and advise on how best to respond and interact with the agency. For more information about our practice, you can review our website and read over 300 reviews on our Avvo.com profile. Contact us today to schedule a consultation on your case.
