EVELEIGH, J.
The defendant in this administrative appeal, the Department of Children and Families (department), substantiated allegations of emotional abuse by the plaintiff, Nicholas Frank, an elementary school teacher, against one of his students, K,
The department hearing officer found the following facts, which are not contested on appeal. During the fall of 2008, the plaintiff taught fifth and sixth grade at an elementary school in the New Haven Public School District (school district). K, a student in the plaintiff's sixth grade class, reported to his mother that the plaintiff was calling him names and pinching his cheeks. Specifically, K reported that the plaintiff had called K names such as "birthing mother," "cheeks" and a "fish out of water" and other students reported that the plaintiff called K "pregnant." K found the cheek pinching to be very painful because he had recently had metal bars implanted in his mouth. K also believed that the plaintiff used the cheek
In December, 2008, K's mother initially met with the principal of the school, Laura Russo,
The administrative record reveals that, following a meeting on May 19, 2009, Russo made a referral to the department and K's mother also independently made two referrals to the department. Each of these referrals was denied.
The opinion of the Appellate Court provides the following relevant procedural history. "The [department] held an administrative hearing in [its] New Haven area office on December 21, 2009, and March 15, 2010, to determine whether to uphold the investigator's substantiation. The hearing officer heard testimony from Morris, Russo and the plaintiff and admitted the [department's investigation], the newspaper article and the plaintiff's personnel record into evidence. On April 30, 2010, the hearing officer rendered her final decision, upholding the substantiation against the plaintiff and ordering the placement of his name on the ... central registry....
"The plaintiff timely appealed from the hearing officer's determination to the trial court, which heard argument on November 10, 2010. In a memorandum of decision filed November 22, 2010, the court affirmed the decision of the hearing officer, finding that there was substantial evidence to support the hearing officer's decision and rejecting the plaintiff's void for vagueness challenge." Frank v. Dept. of Children & Families, supra, 134 Conn.App. at 300, 37 A.3d 834.
The plaintiff next appealed to the Appellate Court, claiming that: (1) the trial court should not have upheld the hearing officer's substantiation of child abuse and placement of his name on the central registry because those decisions were not supported by substantial evidence; and (2) § 46b-120 (3), as interpreted by the department, is unconstitutionally vague as applied to the plaintiff's conduct in this matter. Id., at 292, 37 A.3d 834. The Appellate Court considered "the substantial evidence claim... to be inextricably intertwined with [the] claim that § 46b-120 (3) is void for vagueness as applied to [the plaintiff's] conduct" and, thus, addressed the former issue only as part of the vagueness issue. Id., at 300-301 n. 13, 37 A.3d 834. Perhaps because it considered the underlying evidentiary issue to be subsumed within the constitutional issue, the Appellate Court adopted a statement of facts in the case based on its own independent review of the record instead of limiting itself to the express findings of the hearing officer. Id., at 293-300, 37 A.3d 834. Ultimately, the court concluded that the statutory term of abuse was void for vagueness as applied to the emotional abuse substantiation against the plaintiff. Id., at 315, 37 A.3d 834. As a result, the Appellate Court reversed the judgment of the trial court and directed the trial court to render judgment sustaining the plaintiff's appeal from the administrative decision, and to order the department to remove the plaintiff's name from the central registry. Id., at 315-16, 37 A.3d 834. This certified appeal followed.
We first address the issue of whether the Appellate Court failed to properly credit the findings of the administrative hearing officer. The department argues on appeal that the Appellate Court substituted its own judgment for that of the trier of fact in this case, in disregard of well established principles of administrative law regarding the appropriate level of deference afforded to the findings of a hearing officer at an administrative hearing and the conclusions he or she draws from them. The department claims that, although the hearing officer's findings and conclusions were substantially supported by the evidence in the record, the Appellate Court "simply chose to credit the plaintiff's story" instead of the findings and conclusions of the hearing officer. The plaintiff, in response, argues that the Appellate Court implicitly credited specific factual findings made by the hearing officer in support of the department's substantiation of emotional abuse, which were found by the trial court to have been supported by substantial evidence in the record, but nonetheless determined that the statutory definition of abuse was too vague to put the plaintiff on notice that such facts could expose him to having his name placed on the central registry. The plaintiff does not challenge the sufficiency of the evidence to support these enumerated findings but, instead, contends that the hearing officer's ten enumerated factual findings were insufficient to substantiate her ultimate finding of emotional abuse that effectively resulted in a sanction that caused a "tenured school teacher" to be considered "a child abuser who should be barred from the profession...." The plaintiff relies on our decisions Dolgner v. Alander, 237 Conn. 272, 676 A.2d 865 (1996), and Gupta v. New Britain General Hospital, 239 Conn. 574, 687 A.2d 111 (1996), in support of this premise. We conclude that the Appellate Court did not implicitly credit the hearing officer's findings and, further, we conclude that, under the established standard to review an administrative decision, the record supports the trial court's conclusion that the department's decision was supported by substantial evidence. Therefore, we conclude that the Appellate Court improperly substituted its own findings for those of the department.
We begin with the standard of review. "[J]udicial review of the commissioner's action is governed by the [Uniform Administrative Procedure Act, General Statutes § 4-166 et seq. (UAPA)] ... and the scope of that review is very restricted.... [R]eview of an administrative agency decision requires a court to determine whether there is substantial evidence in the administrative record to support the agency's findings of basic fact and whether the conclusions drawn from those facts are reasonable.... Neither this court nor the trial court may retry the case or substitute its own judgment for that of the administrative agency on the weight of the evidence or questions of fact.... Our ultimate duty is to determine, in view of all of the evidence, whether the agency, in issuing its order, acted unreasonably, arbitrarily,
"The substantial evidence rule governs judicial review of administrative fact-finding under the UAPA. [See] General Statutes § 4-183(j)(5) and (6). An administrative finding is supported by substantial evidence if the record affords a substantial basis of fact from which the fact in issue can be reasonably inferred.... The substantial evidence rule imposes an important limitation on the power of the courts to overturn a decision of an administrative agency.... It is fundamental that a plaintiff has the burden of proving that the commissioner, on the facts before him, acted contrary to law and in abuse of his discretion.... The law is also well established that if the decision of the commissioner is reasonably supported by the evidence it must be sustained." (Citations omitted; internal quotation marks omitted.) Goldstar Medical Services, Inc. v. Dept. of Social Services, 288 Conn. 790, 833-34, 955 A.2d 15 (2008).
In the present case, substantial evidence in the administrative record supported the findings and conclusions of the hearing officer, most notably the information contained in exhibit 7, the internal investigation conducted by Lobo-Wadley of the school district, and exhibit 4, the investigation conducted by the department's investigator, Morris. Specifically, in her decision following the administrative hearing, the hearing officer in this case made ten distinct factual findings, which were as follows:
In addition to these enumerated findings, the hearing officer also made numerous additional factual findings, as well as several legal conclusions, when applying the relevant law, regulations, and policies to the situation at hand. The hearing officer, relying on the guidance provided by a department manual; see Dept. of Children and Families, Policy Manual § 34-2-7 (policy manual); concluded that the department had demonstrated by a fair preponderance of the evidence that the plaintiff had emotionally abused K. In making this determination, the hearing officer found, for example, that at least some of the plaintiff's behavior was directed at K due to K's weight. In addition, the hearing officer determined that, as a result of the plaintiff's behavior, other students in the class also began pinching K's cheeks until the plaintiff stated that this behavior was inappropriate. The hearing officer expressly found the plaintiff not to be credible insofar as he claimed that: (1) the emotional distress exhibited by K through his sleeping issues, bedwetting, fear of school, and falling grades were not the result of the plaintiff's conduct, but instead due to sexual trauma previously inflicted on K by a third party; and (2) K and his mother were complaining of the plaintiff's conduct because of K's bad grades. Instead, the hearing officer noted that "[t]he record supports [that] a number of students confirmed that the [plaintiff] had a tendency to call students, including [K], derogatory names and that he often pinched [K's] cheeks. The record also supports a finding that [K's] mother maintained a close relationship with the school and tried to address problems as they arose.... [K's] mother approached school officials several times to address the [plaintiff's] statements and actions [toward K]. Her concern did not materialize after the poor grade was received, but did intensify after that as [K] continued to show signs of distress. The [plaintiff's] name-calling and cheek pinching resulted in [K] being fearful in class and having difficulty sleeping."
Having concluded that the plaintiff emotionally abused K, the hearing officer then determined that, pursuant to § 34-2-8 of the policy manual, the department was warranted in placing the plaintiff's name on the central registry. Regarding the issue of intent, the hearing officer noted that the department "examines whether there is reason to believe the perpetrator had sufficient knowledge and resources, the ability to utilize them and an understanding of the implications for failing to
In its decision dismissing the plaintiff's appeal, the trial court concluded that the administrative hearing officer's findings, and conclusions drawn therefrom, were supported by substantial evidence in the administrative record. The trial court concluded: "Exhibit 4, [the department's investigation conducted by Morris] supports the hearing officer's findings that the plaintiff called [K] embarrassing names and that other students heard these names. [Exhibit 7, the internal investigation conducted by Lobo-Wadley] contains a reprimand issued by the school district to the plaintiff for his treatment of [K], as well as an admission by the plaintiff that he makes such comments to keep the atmosphere in the classroom light and entertaining." The trial court continued: "The court also does not accept the policy argument made by the plaintiff that the placement of his name on the [central] registry list would wrongly interfere with teaching methods chosen to be employed by classroom teachers. The court defers to the conclusion of the hearing officer who noted that teachers [throughout] the school districts are on notice that poking fun at students is inappropriate behavior."
When one reads the opinion of the Appellate Court, it is immediately apparent that the panel omitted critical findings and conclusions of the hearing officer. For example, the Appellate Court acknowledged some of the less egregious name calling but did not acknowledge that K accused the plaintiff of calling him names such as "birthing mother" or that other students in the class reported that the plaintiff called K "pregnant."
We now examine whether the factual findings of the hearing officer, and legal conclusions drawn therefrom, are supported by substantial evidence in the administrative record. The separate and independent investigations conducted by Morris and Lobo-Wadley reveal that K and other students in the class told adults that the plaintiff called K names such as "birthing mother" and told them that K was "pregnant." K and other students in the class considered these remarks to be derogatory references to K's weight. With regard to the plaintiff's pinching of K's cheeks, K reported that he had metal bars installed in his mouth and that "the inside of his cheeks would bleed after [the plaintiff] would pinch them as the bars were so close to the inside of his mouth." The plaintiff engaged in this conduct with such frequency that it prompted some of K's classmates to also pinch K's cheeks. K's mother stated that the school was aware of the metal bars as she had notified the school of the procedure. On another occasion, K attempted to resist the plaintiff's attempt to pinch his cheeks and the plaintiff stepped on K's foot to prevent him from getting away, tackled him to the ground, placed a foot on his back, and then proceeded to pinch K's cheeks. K also reported that, unlike other students in the class, the plaintiff limited K to ten questions in class per day, and if K exceeded this limit "[K] would have lunch detention or [the plaintiff] would pinch [K's] cheeks" and that the plaintiff "would allow [K] to pick which punishment he wanted." Other students in the class observed that K had a visible reaction to the plaintiff's behavior, noting that "[K] would look sad, like he was going to cry, but he would try to laugh with everyone else." K and his mother reported that the plaintiff's behavior had affected K's sleeping patterns, his grades, and it also resulted in K exhibiting bedwetting behavior.
The department and internal school investigations of the plaintiff also demonstrated that the plaintiff's questionable behavior toward his students was not limited to the aforementioned conduct. Both investigations revealed that, for a time, the plaintiff created an activity called "The Mr. Frank Show," which one of the investigations describes as "like Jerry Springer with a microphone" in which "[k]ids get to talk about other kids on the microphone." Russo stopped this activity when she became aware of it. In addition, the plaintiff was disciplined in 2008 for an incident that
As discussed previously in this opinion, the hearing officer stated that she did not find the plaintiff's testimony regarding K's motivation for reporting the plaintiff's conduct to be credible and also concluded that the plaintiff had acted intentionally. For purposes of this issue, it is not appropriate to find that there is insufficient evidence in support of administrative findings simply because, as the Appellate Court noted in its opinion, "there is more than one possible explanation for K's state of mind during the relevant time period." Frank v. Dept. of Children & Families, supra, 134 Conn.App. at 311, 37 A.3d 834. Nor is it sufficient to argue, as the plaintiff does, that a conflict exists between the conclusion of the hearing officer and the conclusion of the school district after it conducted its own internal investigation that a brief suspension of the plaintiff was the appropriate sanction. "In determining whether an administrative finding is supported by substantial evidence, the reviewing court must defer to the agency's assessment of the credibility of witnesses.... The reviewing court must take into account contradictory evidence in the record ... but the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency's finding from being supported by substantial evidence...." (Internal quotation marks omitted.) Moraski v. Connecticut Board of Examiners of Embalmers & Funeral Directors, 291 Conn. 242, 266-67, 967 A.2d 1199 (2009). Rather, the findings and conclusions of the hearing officer in the present case were supported by substantial evidence in the record, most notably the investigations set forth in exhibits 4 and 7. These investigations both contained descriptions of the plaintiff's past discipline and accounts by students regarding the plaintiff's behavior toward K and K's subsequent reaction to it. These reports not only supported the findings made by the hearing officer regarding the name-calling and physical conduct that the plaintiff inflicted on K, but also that K had experienced an adverse impact as a result of this behavior, which was evident to some of K's classmates. Although the record contained evidence that supported the plaintiff's position, primarily in the form of the plaintiff's own testimony, "[i]t is well established that it is the exclusive province of the trier of fact to make determinations of credibility, crediting some, all, or none of a given witness' testimony.... Additionally, [a]n administrative agency is not required to believe any witness, even an expert.... Nor is an agency required to use in any particular fashion any of the materials presented to it as long as the conduct of the hearing is fundamentally fair.... Questions of whether to believe or to disbelieve a competent witness are beyond our review. As a reviewing court, we may not retry the case or pass on the credibility of witnesses.... We must defer to the trier
We do not find persuasive the plaintiff's argument that the trial court's conclusion is contrary to our decision in Dolgner. The plaintiff argues that in Dolgner, this court refused to uphold a finding of emotional abuse, when in that case a day care provider had been alleged to have subjected children in her care to "humiliating and frightening treatment and punishment...." Dolgner v. Alander, supra, 237 Conn. at 277, 676 A.2d 865. The plaintiff misconstrues the basis for our decision in that case. In Dolgner, this court concluded that the decision of the Commissioner of Human Resources to revoke the plaintiff's license that permitted her to run a day care center out of her home was not supported by substantial evidence. Id., at 273, 676 A.2d 865. In that case, however, we based our decision primarily due to the following concerns: "The evidence presented at the [administrative] hearings failed to disclose the factual particulars regarding inappropriate conduct that had occurred at the plaintiff's family day care home, the dates on which inappropriate conduct occurred, the frequency of inappropriate conduct or any other details concerning the plaintiff's alleged violations.... Moreover, although the ... case summary [of the Department of Human Resources] disclosed the age of one of the children who had reported abusive treatment, no other evidence disclosed the ages of the children who had reported inappropriate conduct." Id., at 282, 676 A.2d 865. This court continued: "Although the reports prepared by [the Department of Human Resources] and the ... police ... contained the specific factual foundation of the plaintiff's alleged misconduct, neither report was introduced into evidence at the administrative hearings. In the absence of such basic factual predicates, the hearing officer was not provided with an opportunity to assess and to weigh independently and adequately the accuracy and the reliability of the evidence presented." Id. Unlike the situation in Dolgner, the record in the present case, particularly those portions discussed previously in this opinion, was replete with evidence containing the specific factual foundation underlying the department's decision to substantiate the charge of child abuse against the plaintiff and recommend that his name be placed on the central registry.
We also reject the plaintiff's contention that neither courts nor the department should be "second-guessing the judgment of the New Haven Board of Education, which has fully investigated and decided this matter...." The plaintiff analogizes the present situation to the one presented to this court in Gupta v. New Britain General Hospital, supra, 239 Conn. at 590, 687 A.2d 111. We do not find the situations to be comparable. In Gupta, the dispute arose when the plaintiff, a surgical resident, was dismissed in what he claimed was a breach of the residency agreement between the plaintiff and the defendant hospital. Id. In part, the plaintiff claimed that the defendant had breached the agreement by failing to provide him with adequate training. Id. We noted that the plaintiff's claim in Gupta raised issues such as standard of care, the existence of a duty, and reasonableness that "are difficult, if not impossible, to apply in the
Having concluded that the ultimate finding of the hearing officer, substantiating the allegation of emotional abuse against the plaintiff, was supported by substantial evidence, we now turn to the second issue: whether the definition of "abused" found in § 46b-120 (3) is void for being unconstitutionally vague as applied to the facts of the present case. The department claims that the Appellate Court improperly determined that the relevant term, "emotional abuse," is void for vagueness. Specifically, the department claims that the term is not unconstitutionally vague when one examines the department's regulations and policy manual in combination with the remainder of the statutory scheme and relevant case law. Moreover, the department contends that, as an educator, the plaintiff should have been on fair notice that his conduct would fall within the statutory definition of "abuse," particularly in light of Connecticut's anti-bullying statute.
"As a threshold matter, it is necessary to discuss the applicable standard of review. A statute is not void for vagueness unless it clearly and unequivocally is unconstitutional, making every presumption in favor of its validity.... [T]he void for vagueness doctrine embodies two central precepts: the right to fair warning of the effect of a governing statute ... and the guarantee against standardless law enforcement.... If the meaning of a statute can be fairly ascertained a statute will not be void for vagueness since [m]any statutes will have some inherent vagueness, for [i]n most English words and phrases there lurk uncertainties.... References to judicial opinions involving the statute, the common law, legal dictionaries, or treatises may be necessary to ascertain a statute's meaning to determine if it gives fair warning." (Citations omitted; internal quotation marks omitted.) Ferreira v. Pringle, 255 Conn. 330, 355-56, 766 A.2d 400 (2001). "[T]he degree of vagueness that the [c]onstitution tolerates ... depends in part on the nature of the enactment.... The [United States Supreme Court] has ... expressed greater tolerance of enactments with civil rather than criminal penalties because the consequences of imprecision are qualitatively less severe.... Therefore, [c]ivil statutes ... may survive a vagueness challenge by a lesser degree of specificity than in criminal statutes." (Citation omitted; internal quotation marks omitted.) Hogan v. Dept. of Children & Families, 290 Conn. 545, 575, 964 A.2d 1213 (2009), quoting Gonzalez v. Surgeon, 284 Conn. 573, 583-84, 937 A.2d 24 (2007).
Before reaching the merits of our analysis, we refer to this court's earlier decision in Hogan v. Dept. of Children & Families, supra, 290 Conn. at 568-70, 964 A.2d 1213,
The definition of "abuse" in § 17a-101g (b) incorporates, by reference, the definition of "abused" in § 46b-120 (3).
With this understanding in mind, we turn to the merits of this issue, namely, the question of whether the definition of "abused" set forth in § 46b-120 (3) is void for vagueness as applied to the present circumstances. We begin with the plaintiff's challenge to the department's policy manual as an appropriate source of notice. Although the plaintiff claims that "there is no indication in the record that [the department's policy] manual has the force of law," Connecticut courts, including this court, have previously approved of using the policy manual as a reference in the absence of guidance in the relevant statutory provisions or regulations. See, e.g., Hogan v. Dept. of Children & Families, supra, 290 Conn. at 576 n. 16, 964 A.2d 1213 (noting that trial courts consider policy manual to be part of relevant scheme); Lovan C. v. Dept. of Children & Families, 86 Conn.App. 290, 295, 860 A.2d 1283 (2004) (citing § 34-2-7 of policy manual for examples of term "physical injury" when determining whether child had been "abused" within definition of § 46b-120); Giordano-Little v. Dept. of Children & Families, Superior Court, judicial district of New Britain, Docket No. CV-07-4012612-S, 2008 WL 366753 (January 29, 2008) (reviewing finding of emotional neglect under § 34-2-7 of policy manual); Handleman v. Dept. of Children & Families, Superior Court, judicial district of New Britain, Docket No. CV-06-4012364-S, 2008 WL 271676 (January 11, 2008) (relying on § 34-2-7 of policy manual to supply definition of "emotional abuse or maltreatment"); Adams v. Dept. of Children & Families, Superior Court, judicial district of New Britain, Docket No. CV-06-4011617-S, 2007 WL 824564 (February 26, 2007) (noting that hearing officer relied on § 34-2-7 of policy manual for definitions of "sexual abuse" and "emotional abuse"); Rucci v. Dept. of Children & Families, Superior Court, judicial district of New Britain, Docket No. CV-02-0516990-S, 2003 WL 22853895 (November 5, 2003) (36 Conn. L. Rptr. 7, 9) (noting that § 34-2-7 of policy manual "provides operational definitions of child abuse and neglect" and interpreting subsection defining terms "physical abuse" and "physical injury"). In Hogan, we concluded that reliance on the policy manual was appropriate, despite the fact that the policy manual was not formally promulgated, because the provisions at issue were substantially the same as pending formally promulgated regulations, the policy manual effectively served as a gap filler, and the policy manual is published by the defendant and, thus, available for viewing by the public.
Recently, however, this court underscored that an agency interpretation, whether of its own regulations or of a statute that the agency is charged with enforcing, is not accorded deference by the
In this case, the relevant provision of the policy manual is located in § 34-2-7. This section defines emotional maltreatment and abuse to include "act(s), statement(s), or threats, which has had, or is likely to have an adverse impact on the child and/or interferes with a child's positive emotional development." Policy Manual, supra, § 34-2-7. This section further indicates that "evidence" of such abuse is ongoing if it includes the following types of behavior: "rejecting"; "degrading"; "isolating and/or victimizing a child by means of cruel, unusual, or excessive methods of discipline"; and "exposing the child to brutal or intimidating acts or statements." Id. Similarly, the section indicates that evidence a child has suffered an adverse impact from such behavior includes, inter alia, the following signs: "depression"; "withdrawal"; "low self-esteem"; "anxiety"; "fear"; "sleep disturbances"; "academic regression"; and "trust issues." Id.
As noted previously in this opinion, trial courts have relied on this specific provision when evaluating whether particular conduct qualifies as "abuse" for purposes of the central registry regulatory scheme. In fact, at least one trial court has relied on this specific provision to uphold a claim of emotional abuse by a teacher based on similar conduct. See Handleman v. Dept. of Children & Families, supra, Superior Court, Docket No. CV-06-4012364-S (The court affirmed the substantiation of emotional abuse and placement of the plaintiff on the central registry when "numerous witnesses repeated identical stories that [the plaintiff] shoved the sobbing child out of her classroom, while screaming at him to get out of her room ... seeing her yell at the child, who was again in tears at the school market place.... [T]he hearing officer concluded that the [plaintiff's] actions [toward] the child had a negative impact on the child's behavior who `was frequently crying, sobbing and complaining about no longer wish[ing] to attend school.'"); cf. Medina v. Dept. of Children & Families,
This definition is consistent with other authoritative published sources. In January, 2008, prior to the conduct at issue in the present case, the Centers for Disease Control and Prevention (centers) published uniform definitions for child maltreatment. The centers defined "psychological abuse," which it noted also included the term "emotional abuse," to mean "[i]ntentional caregiver behavior ... that conveys to a child that he/she is worthless, flawed, unloved, unwanted, endangered, or valued only in meeting another's needs."
Furthermore, the language contained in other statutes reinforces this conclusion. The anti-bullying statute in effect during the time period relevant to the present case included in its definition of "bullying" any "overt acts by a ... group of students
In light of these sources of information, we readily find that the plaintiff had fair notice that his conduct could qualify as emotional abuse. The plaintiff, as K's teacher, was placed into a unique position to have an impact on K's life. A young person's experience at school shapes his or her identity. School is where our youths learn about the world, how to interact with one another, how to work together, and how to form ties with people inside of a community infused with many cultures. In this setting, the plaintiff made frequent, degrading comments or references to K's weight and caused K further physical and mental pain by pinching his cheeks. The plaintiff did this despite the fact that it was quite clear to both other children in the classroom and K's mother that this behavior had a visible negative effect on K. The plaintiff's conduct continued to the point that, according to the report authored by Lobo-Wadley, other children joined in and carried out similar behavior against K. In acting as he did, the plaintiff, thus, essentially encouraged other students within the class to aid him in causing K emotional harm. Such behavior can only be categorized as "isolating," as it is used in § 34-2-7 of the policy manual, and it quite plainly had a visible, profoundly negative impact on K. It should be obvious to anyone, let alone a professional educator, that this type of behavior — the targeting of a particular student's physical characteristics in a demeaning and hurtful way — would readily fall within the terms "degrading" or "victimizing" as they are used within § 34-2-7 of the policy manual.
We conclude that the definition of "abused" found in § 46b-120 (3), read in light of the policy manual, related statutes, and the existing case law of Connecticut courts on the subject, provided sufficient specificity so as to give the plaintiff adequate notice that his conduct might lead his name to be placed on the central registry.
We respectfully disagree with the Appellate Court that our decision in State v. Scruggs, 279 Conn. 698, 905 A.2d 24 (2006), warrants a determination that the term "abused" as defined in § 46b-120 (3) is void for vagueness as applied to the plaintiff. See Frank v. Dept. of Children &
In sum, we conclude that the Appellate Court improperly failed (1) to give deference to the factual findings made by the hearing officer and the factually supported legal conclusions drawn therefrom, and (2) to give consideration to sources of information available to the plaintiff that provided him with adequate notice that his conduct toward K would be considered abuse as defined in § 46b-120 (3) and thus potentially result in his name being placed on the central registry.
The judgment of the Appellate Court is reversed and the case is remanded to that court with direction to render judgment affirming the judgment of the trial court dismissing the plaintiff's appeal.
In this opinion the other justices concurred.
We note that §§ 17a-101g and 17a-101k have been the subject of recent amendments by our legislature that are not relevant to the present appeal. See, e.g., Public Acts 2013, No. 13-54, §§ 1, 2. For the sake of simplicity, all references to §§ 17a-101g and 17a-101k in this opinion, unless otherwise noted, are to the versions of those statutes appearing in the 2014 supplement to the General Statutes.