| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | General Assembly Substitute Bill No. 845 | |
| 2 | - | January Session, 2011 *_____ | |
| 2 | + | January Session, 2011 *_____SB00845KIDHS_021611____* | |
| 3 | 3 | ||
| 4 | 4 | General Assembly | |
| 5 | 5 | ||
| 6 | 6 | Substitute Bill No. 845 | |
| 7 | 7 | ||
| 8 | 8 | January Session, 2011 | |
| 9 | 9 | ||
| 10 | - | *_____ | |
| 10 | + | *_____SB00845KIDHS_021611____* | |
| 11 | 11 | ||
| 12 | 12 | AN ACT REQUIRING THE DEPARTMENT OF CHILDREN AND FAMILIES TO NOTIFY NONCUSTODIAL PARENTS OF CERTAIN ABUSE AND NEGLECT INVESTIGATIONS. | |
| 13 | 13 | ||
| 14 | 14 | Be it enacted by the Senate and House of Representatives in General Assembly convened: | |
| 15 | 15 | ||
| 16 | 16 | Section 1. Section 17a-103b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): | |
| 17 | 17 | ||
| 18 | - | (a) Upon a [substantiated] complaint of abuse or neglect of a child having a single custodial parent or a guardian, the Department of Children and Families shall give, [when deemed to be in] unless contrary to the best interests of the child, to the noncustodial parent, custodial parent, guardian of the child, and parents if the Department of Children and Families has custody of a child, notice of (1) the circumstances of the complaint, including the name of the person who is alleged to have caused the abuse or neglect, (2) the availability of services from the department, including, but not limited to, child care subsidies and emergency shelter, and (3) the programs of the Office of Victim Services and information on obtaining a restraining order. The notice shall also inform the recipient that such child may be removed from the custody of the custodial parent by the department if such removal is authorized under the general statutes. The department shall employ all reasonable efforts to provide the notice [within] not later than ten days [of substantiation of a] after the date the complaint was filed. Notwithstanding the provisions of this subsection, if the department determines that disclosure of detailed information may result in a risk of physical harm to a person | |
| 18 | + | (a) Upon a [substantiated] complaint of abuse or neglect of a child having a single custodial parent or a guardian, the Department of Children and Families shall give, [when deemed to be in] unless contrary to the best interests of the child, to the noncustodial parent, custodial parent, guardian of the child, and parents if the Department of Children and Families has custody of a child, notice of (1) the circumstances of the complaint, including the name of the person who is alleged to have caused the abuse or neglect, (2) the availability of services from the department, including, but not limited to, child care subsidies and emergency shelter, and (3) the programs of the Office of Victim Services and information on obtaining a restraining order. The notice shall also inform the recipient that such child may be removed from the custody of the custodial parent by the department if such removal is authorized under the general statutes. The department shall employ all reasonable efforts to provide the notice [within] not later than ten days [of substantiation of a] after the date the complaint was filed. Notwithstanding the provisions of this subsection, if the department determines that disclosure of detailed information may result in a risk of physical harm to a person, the department shall provide notice of the complaint only and advise the recipient, in writing, of the right to seek judicial relief pursuant to subdivision (2) of subsection (n) of section 17a-28, as amended by this act. | |
| 19 | 19 | ||
| 20 | 20 | (b) The notice required under subsection (a) of this section shall be in English or the principal language of the recipient, if known, and be delivered (1) by certified mail, return receipt requested, directed to the last-known address of each recipient, or (2) by an agent of the department. In the case of personal delivery by an agent, written acknowledgment of such delivery shall be made by the recipient. | |
| 21 | 21 | ||
| 22 | 22 | Sec. 2. Subsection (n) of section 17a-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): | |
| 23 | 23 | ||
| 24 | - | (n) (1) Any person, attorney or authorized representative aggrieved by a violation of subsection (b), (f), (g), (h), (i), (j) or (l) of this section or of subsection (m) of this section, except subdivision (2) of said subsection (m), may seek judicial relief in the same manner as provided in section 52-146j; (2) any person, attorney or authorized representative denied access to records by the commissioner under subdivision (2) of subsection (m) of this section or subsection (a) of section 17a-103b, as amended by this act, may petition the superior court for the venue district provided in section 46b-142 in which the person resides for an order requiring the commissioner to permit access to those records, and the court after hearing, and an in camera review of the records in question, shall issue such an order unless it determines that to permit such access would be contrary to the best interests of the person or authorized representative. | |
| 24 | + | (n) (1) Any person, attorney or authorized representative aggrieved by a violation of subsection (b), (f), (g), (h), (i), (j) or (l) of this section or of subsection (m) of this section, except subdivision (2) of said subsection (m), may seek judicial relief in the same manner as provided in section 52-146j; (2) any person, attorney or authorized representative denied access to records by the commissioner under subdivision (2) of subsection (m) of this section, or subsection (a) of section 17a-103b, as amended by this act, may petition the superior court for the venue district provided in section 46b-142 in which the person resides for an order requiring the commissioner to permit access to those records, and the court after hearing, and an in camera review of the records in question, shall issue such an order unless it determines that to permit such access would be contrary to the best interests of the person or authorized representative. | |
| 25 | 25 | ||
| 26 | 26 | ||
| 27 | 27 | ||
| 28 | 28 | ||
| 29 | 29 | This act shall take effect as follows and shall amend the following sections: | |
| 30 | 30 | Section 1 October 1, 2011 17a-103b | |
| 31 | 31 | Sec. 2 October 1, 2011 17a-28(n) | |
| 32 | 32 | ||
| 33 | 33 | This act shall take effect as follows and shall amend the following sections: | |
| 34 | 34 | ||
| 35 | 35 | Section 1 | |
| 36 | 36 | ||
| 37 | 37 | October 1, 2011 | |
| 38 | 38 | ||
| 39 | 39 | 17a-103b | |
| 40 | 40 | ||
| 41 | 41 | Sec. 2 | |
| 42 | 42 | ||
| 43 | 43 | October 1, 2011 | |
| 44 | 44 | ||
| 45 | 45 | 17a-28(n) | |
| 46 | 46 | ||
| 47 | 47 | ||
| 48 | 48 | ||
| 49 | 49 | KID Joint Favorable Subst. C/R HS | |
| 50 | - | HS Joint Favorable Subst. | |
| 51 | 50 | ||
| 52 | 51 | KID | |
| 53 | 52 | ||
| 54 | 53 | Joint Favorable Subst. C/R | |
| 55 | 54 | ||
| 56 | 55 | HS | |
| 57 | - | ||
| 58 | - | HS | |
| 59 | - | ||
| 60 | - | Joint Favorable Subst. |