| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on COMMITTEE ON CHILDREN |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (KID) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT PREVENTING HOMELESSNESS FOR YOUTH UNDER THE CARE OF THE COMMISSIONER OF CHILDREN AND FAMILIES. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. (NEW) (Effective October 1, 2014) (a) For purposes of this section, "child" has the same meaning as provided in section 17a-93 of the general statutes. |
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| 29 | 29 | | |
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| 30 | 30 | | (b) The Department of Children and Families shall not discharge a child from the care and custody of the department unless (1) such child has a residence other than a shelter for adults, shelter for families or single-room occupancy hotel, and (2) the department has a reasonable expectation that the residence will remain available to the child for not less than twelve months from the date the child is discharged. |
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| 31 | 31 | | |
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| 32 | 32 | | (c) The provisions of subsection (b) of this section shall not apply to any child who (1) has been placed in a residential facility or group home, (2) is a member of the military or job corps, (3) is a full-time student in a post-secondary educational institution, or (4) has refused the care and custody of the department. |
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| 33 | 33 | | |
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| 34 | 34 | | (d) Each child who is eighteen years of age or older and has been released from the care and custody of the department shall remain in aftercare for not less than forty-five days after such release. During the period of aftercare, the department shall provide case management services to the child. In the event that the child becomes homeless or at risk of homelessness, as defined in section 17a-484a of the general statutes, during the period of aftercare, the department shall assist the child in obtaining a residence other than a shelter for adults, shelter for families or single-room occupancy hotel. |
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| 35 | 35 | | |
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| 36 | 36 | | (e) The provisions of subsection (d) of this section shall not apply when (1) the department's duty of care and custody over the child is terminated by a court order, or (2) the child is twenty-one years of age or older. |
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| 37 | 37 | | |
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| 38 | 38 | | Sec. 2. Section 46b-136 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014): |
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| 39 | 39 | | |
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| 40 | 40 | | (a) In any proceeding in a juvenile matter, the judge before whom such proceeding is pending shall, even in the absence of a request to do so, provide an attorney to represent the child or youth, the child's or youth's parent or parents or guardian, or other person having control of the child or youth, if such judge determines that the interests of justice so require, and in any proceeding in which the custody of a child is at issue, such judge shall provide an attorney to represent the child and may authorize such attorney or appoint another attorney to represent such child or youth, parent, guardian or other person on an appeal from a decision in such proceeding. |
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| 41 | 41 | | |
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| 42 | 42 | | (b) In any proceeding in which a child or youth who has been released from the care and custody of the Department of Children and Families as a result of (1) a denial, suspension or termination of benefits, or (2) a determination by the superior court for juvenile matters that the department's continuation of care and custody is not in the child or youth's best interest pursuant to subdivision (5) of subsection (j) of section 46b-129, the judge before whom such proceeding is pending shall, even in the absence of a request to do so, provide an attorney to represent the child or youth, if such judge determines that the interests of justice so require, provided the child or youth consents to the representation. |
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| 43 | 43 | | |
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| 44 | 44 | | (c) Where, under the provisions of this section, the court so appoints counsel for any such party who is found able to pay, in whole or in part, the cost thereof, the court shall assess as costs against such parents, guardian or custodian, including any agency vested with the legal custody of the child or youth, the expense so incurred and paid by the Division of Public Defender Services in providing such counsel, to the extent of their financial ability to do so. The Division of Public Defender Services shall establish the rate at which counsel provided pursuant to this section shall be compensated. |
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| 45 | 45 | | |
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| 46 | 46 | | Sec. 3. Subsection (k) of section 46b-129 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014): |
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| 47 | 47 | | |
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| 48 | 48 | | (k) (1) Nine months after placement of the child or youth in the care and custody of the commissioner pursuant to a voluntary placement agreement, or removal of a child or youth pursuant to section 17a-101g or an order issued by a court of competent jurisdiction, whichever is earlier, the commissioner shall file a motion for review of a permanency plan if the child or youth has not reached his or her eighteenth birthday. Nine months after a permanency plan has been approved by the court pursuant to this subsection or subdivision (5) of subsection (j) of this section, the commissioner shall file a motion for review of the permanency plan. Any party seeking to oppose the commissioner's permanency plan, including a relative of a child or youth by blood or marriage who has intervened pursuant to subsection (d) of this section and is licensed as a foster parent for such child or youth or is vested with such child's or youth's temporary custody by order of the court, shall file a motion in opposition not later than thirty days after the filing of the commissioner's motion for review of the permanency plan, which motion shall include the reason therefor. A permanency hearing on any motion for review of the permanency plan shall be held not later than ninety days after the filing of such motion. The court shall hold evidentiary hearings in connection with any contested motion for review of the permanency plan and credible hearsay evidence regarding any party's compliance with specific steps ordered by the court shall be admissible at such evidentiary hearings. The commissioner shall have the burden of proving that the proposed permanency plan is in the best interests of the child or youth. After the initial permanency hearing, subsequent permanency hearings shall be held not less frequently than every twelve months while the child or youth remains in the custody of the Commissioner of Children and Families or, if the youth is over eighteen years of age, while the youth remains in voluntary placement with the department. The court shall provide notice to the child or youth, the parent or guardian of such child or youth, and any intervenor of the time and place of the court hearing on any such motion not less than fourteen days prior to such hearing. |
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| 49 | 49 | | |
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| 50 | 50 | | (2) At a permanency hearing held in accordance with the provisions of subdivision (1) of this subsection, the court shall approve a permanency plan that is in the best interests of the child or youth and takes into consideration the child's or youth's need for permanency. The child's or youth's health and safety shall be of paramount concern in formulating such plan. Such permanency plan may include the goal of (A) revocation of commitment and reunification of the child or youth with the parent or guardian, with or without protective supervision; (B) transfer of guardianship or permanent legal guardianship; (C) long-term foster care with a relative licensed as a foster parent; (D) filing of termination of parental rights and adoption; or (E) another planned permanent living arrangement ordered by the court, provided the Commissioner of Children and Families has documented a compelling reason why it would not be in the best interests of the child or youth for the permanency plan to include the goals in subparagraphs (A) to (D), inclusive, of this subdivision. Such other planned permanent living arrangement may include, but not be limited to, placement of a child or youth (i) in an independent living program, [or] (ii) in long term foster care with an identified foster parent, or (iii) with an adult who has a significant connection to the child or youth and is willing to provide a permanent living arrangement for the child or youth. |
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| 51 | 51 | | |
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| 52 | 52 | | (3) At a permanency hearing held in accordance with the provisions of subdivision (1) of this subsection, the court shall review the status of the child, the progress being made to implement the permanency plan, determine a timetable for attaining the permanency plan, determine the services to be provided to the parent if the court approves a permanency plan of reunification and the timetable for such services, and determine whether the commissioner has made reasonable efforts to achieve the permanency plan. The court may revoke commitment if a cause for commitment no longer exists and it is in the best interests of the child or youth. |
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| 53 | 53 | | |
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| 54 | 54 | | (4) If the court approves the permanency plan of adoption: (A) The Commissioner of Children and Families shall file a petition for termination of parental rights not later than sixty days after such approval if such petition has not previously been filed; (B) the commissioner may conduct a thorough adoption assessment and child-specific recruitment; and (C) the court may order that the child be photo-listed within thirty days if the court determines that such photo-listing is in the best interests of the child. As used in this subdivision, "thorough adoption assessment" means conducting and documenting face-to-face interviews with the child, foster care providers and other significant parties and "child specific recruitment" means recruiting an adoptive placement targeted to meet the individual needs of the specific child, including, but not limited to, use of the media, use of photo-listing services and any other in-state or out-of-state resources that may be used to meet the specific needs of the child, unless there are extenuating circumstances that indicate that such efforts are not in the best interests of the child. |
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| 55 | 55 | | |
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| 56 | 56 | | |
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| 57 | 57 | | |
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| 58 | 58 | | |
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| 59 | 59 | | This act shall take effect as follows and shall amend the following sections: |
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| 60 | 60 | | Section 1 October 1, 2014 New section |
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| 61 | 61 | | Sec. 2 October 1, 2014 46b-136 |
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| 62 | 62 | | Sec. 3 October 1, 2014 46b-129(k) |
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| 63 | 63 | | |
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| 64 | 64 | | This act shall take effect as follows and shall amend the following sections: |
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| 65 | 65 | | |
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| 66 | 66 | | Section 1 |
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| 67 | 67 | | |
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| 68 | 68 | | October 1, 2014 |
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| 69 | 69 | | |
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| 70 | 70 | | New section |
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| 71 | 71 | | |
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| 72 | 72 | | Sec. 2 |
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| 73 | 73 | | |
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| 74 | 74 | | October 1, 2014 |
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| 75 | 75 | | |
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| 76 | 76 | | 46b-136 |
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| 77 | 77 | | |
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| 78 | 78 | | Sec. 3 |
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| 79 | 79 | | |
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| 80 | 80 | | October 1, 2014 |
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| 81 | 81 | | |
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| 82 | 82 | | 46b-129(k) |
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| 83 | 83 | | |
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