General Assembly Committee Bill No. 323
January Session, 2011 LCO No. 3222
*03222SB00323KID*
Referred to Committee on Select Committee on Children
Introduced by:
(KID)
General Assembly
Committee Bill No. 323
January Session, 2011
LCO No. 3222
*03222SB00323KID*
Referred to Committee on Select Committee on Children
Introduced by:
(KID)
AN ACT CONCERNING DEPARTMENT OF CHILDREN AND FAMILIES REUNIFICATION PLANS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 17a-111b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) The Commissioner of Children and Families shall make reasonable efforts to reunify a parent with a child unless the court (1) determines that such efforts are not required pursuant to subsection [(b)] (c) of this section or subsection (j) of section 17a-112, or (2) has approved a permanency plan other than reunification pursuant to subsection (k) of section 46b-129.
(b) The Commissioner of Children and Families may not (1) implement or facilitate a permanency plan that includes as a goal the termination of parental rights, or (2) petition to terminate parental rights, when the commissioner is also implementing or facilitating a plan to reunify such parent with a child. The commissioner may not implement or facilitate a permanency plan that includes as a goal the termination of parental rights, or petition to terminate parental rights, unless the parent refuses to participate in the reunification plan.
[(b)] (c) The Commissioner of Children and Families or any other party may, at any time, file a motion with the court for a determination that reasonable efforts to reunify the parent with the child are not required. The court shall hold an evidentiary hearing on the motion not later than thirty days after the filing of the motion or may consolidate the hearing with a trial on a petition to terminate parental rights pursuant to section 17a-112. The court may determine that such efforts are not required if the court finds upon clear and convincing evidence that: (1) The parent has subjected the child to the following aggravated circumstances: (A) The child has been abandoned, as defined in subsection (j) of section 17a-112; or (B) the parent has inflicted or knowingly permitted another person to inflict sexual molestation or exploitation or severe physical abuse on the child or engaged in a pattern of abuse of the child; (2) the parent has killed, through deliberate, nonaccidental act, another child of the parent or a sibling of the child, or has requested, commanded, importuned, attempted, conspired or solicited to commit or knowingly permitted another person to commit the killing of the child, another child of the parent or sibling of the child, or has committed or knowingly permitted another person to commit an assault, through deliberate, nonaccidental act, that resulted in serious bodily injury of the child, another child of the parent or a sibling of the child; (3) the parental rights of the parent to a sibling have been terminated within three years of the filing of a petition pursuant to this section, provided the commissioner has made reasonable efforts to reunify the parent with the child during a period of at least ninety days; (4) the parent was convicted by a court of competent jurisdiction of sexual assault, except a conviction of a violation of section 53a-71 or 53a-73a resulting in the conception of the child; or (5) the child was placed in the care and control of the commissioner pursuant to the provisions of sections 17a-57 to 17a-61, inclusive.
[(c)] (d) If the court determines that such efforts are not required, the court shall, at such hearing or at a hearing held not later than thirty days after such determination, approve a permanency plan for such child. The plan may include (1) adoption and a requirement that the commissioner file a petition to terminate parental rights, (2) long-term foster care with a relative licensed as a foster parent or certified as a relative caregiver, (3) transfer of guardianship, or (4) such other planned permanent living arrangement as may be ordered by the court, provided the commissioner has documented a compelling reason why it would not be in the best interests of the child for the permanency plan to include one of the options set forth in subdivisions (1) to (3), inclusive, of this subsection. The child's health and safety shall be of paramount concern in formulating such plan.
[(d)] (e) If the court determines that reasonable efforts to reunify the parent with the child are not required, the Department of Children and Families shall use its best efforts to maintain the child in the initial out-of-home placement, provided the department determines that such placement is in the best interests of the child, until such time as a permanent home for the child is found or the child is placed for adoption. If the permanency plan calls for placing the child for adoption or in some other permanent home, good faith efforts shall be made to place the child for adoption or in some other permanent home.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 17a-111b
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
17a-111b
Statement of Purpose:
To keep families together by preventing the Department of Children and Families from pursuing a plan to terminate parental rights when the department is also working on a plan to reunify the parent and child.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
Co-Sponsors: SEN. HARP, 10th Dist.
Co-Sponsors:
SEN. HARP, 10th Dist.
S.B. 323