General Assembly Substitute Bill No. 6340
January Session, 2011 *_____HB06340JUD___042911____*
General Assembly
Substitute Bill No. 6340
January Session, 2011
*_____HB06340JUD___042911____*
AN ACT CONCERNING THE PLACEMENT OF CHILDREN IN OUT-OF-STATE TREATMENT FACILITIES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) (a) Not later than July 1, 2013, the Commissioner of Children and Families shall return each child and youth in the commissioner's care and custody who is located in an out-of-state treatment facility to a family or facility in the state, unless the commissioner determines that an out-of-state placement is necessary because (1) the child or youth has a behavioral health condition requiring specialized treatment that cannot be effectively provided in the state, or (2) the out-of-state facility provides geographic proximity to the child or youth's family that will facilitate family involvement in the child or youth's treatment.
(b) On or after July 1, 2013, if the commissioner determines that a child or youth in the commissioner's care and custody should be placed in an out-of-state treatment facility, the commissioner shall submit a motion for review of such out-of-state placement determination to the superior court for juvenile matters. The court shall determine whether such out-of-state placement is necessary because (1) the child or youth has a behavioral health condition requiring specialized treatment that cannot be effectively provided in the state, or (2) the out-of-state facility provides geographic proximity to the child or youth's family that will encourage and facilitate family involvement in the child or youth's treatment. If the court determines that such placement is necessary, the commissioner shall, every three months, submit a report to the court regarding the child or youth's status and the commissioner's plan to return the child to a family or facility in the state.
Sec. 2. (Effective from passage) The Commissioner of Children and Families shall, in consultation with the Court Support Services Division of the Judicial Branch, in-state and out-of-state treatment providers, child welfare and mental health advocates and family consumers of mental health and child welfare services, develop a plan to reallocate funds appropriated to the department and maximize federal and private funding to increase appropriate in-state, community-based and residential services for children transitioning from out-of-state facilities. Not later than January 1, 2013, the commissioner shall submit such plan, in accordance with section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to human services and the select committee of the General Assembly having cognizance of matters relating to children.
Sec. 3. Section 17a-62 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
On or before [February 1, 2010] May 1, 2012, and annually thereafter, the Commissioner of Children and Families shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to human services and the select committee of the General Assembly having cognizance of matters relating to children. The report shall include the following information, for the preceding calendar year, for children and youth in the custody of the Department of Children and Families: (1) The number, [and] age and race of such children and youth who are living in a psychiatric hospital or out-of-state residential treatment center, the average length of stay for such children and youth, the number of children and youth who have overstayed their estimated placement time in such placements and an analysis of the reasons for the placements out of state and overstays; (2) the number, [and] age and race of such children and youth who are runaways or homeless, the number of days that each child or youth has been a runaway or homeless, and an analysis of the trends relating to runaways and homelessness; (3) the number, [and] age and race of children and youth who have a permanency plan of another planned permanency living arrangement and an analysis of the trends relating to permanency plans; and (4) the number, [and] age and race of children and youth who have refused services offered by the department and an analysis of the trends relating to participation in services. The commissioner shall conduct case and service reviews for each child in the groups described in subdivisions (1) to (4), inclusive, of this section.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage New section
Sec. 2 from passage New section
Sec. 3 October 1, 2011 17a-62
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
New section
Sec. 2
from passage
New section
Sec. 3
October 1, 2011
17a-62
KID Joint Favorable C/R HS
HS Joint Favorable Subst.
JUD Joint Favorable
KID
Joint Favorable C/R
HS
HS
Joint Favorable Subst.
JUD
Joint Favorable