| 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 CONCERNING ACCESS TO RECORDS OF THE DEPARTMENT 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. Subsection (g) of section 17a-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015): |
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| 29 | 29 | | |
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| 30 | 30 | | (g) The department shall disclose records, subject to subsections (b) and (c) of this section, without the consent of the person who is the subject of the record, to: |
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| 31 | 31 | | |
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| 32 | 32 | | (1) The person named in the record or such person's authorized representative, provided such disclosure shall be limited to information (A) contained in the record about such person or about such person's biological or adoptive minor child, if such person's parental rights to such child have not been terminated; and (B) identifying an individual who reported abuse or neglect of the person, including any tape recording of an oral report pursuant to section 17a-103, if a court determines that there is reasonable cause to believe the reporter knowingly made a false report or that the interests of justice require disclosure; |
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| 33 | 33 | | |
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| 34 | 34 | | (2) An employee of the department for any purpose reasonably related to the performance of such employee's duties; |
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| 35 | 35 | | |
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| 36 | 36 | | (3) A guardian ad litem or attorney appointed to represent a child or youth in litigation affecting the best interests of the child or youth; |
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| 37 | 37 | | |
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| 38 | 38 | | (4) The Attorney General, any assistant attorney general or any other legal counsel retained to represent the department during the course of a legal proceeding involving the department or an employee of the department; |
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| 39 | 39 | | |
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| 40 | 40 | | (5) The Child Advocate or the Child Advocate's designee; |
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| 41 | 41 | | |
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| 42 | 42 | | (6) The Chief Public Defender or the Chief Public Defender's designee for purposes of ensuring competent representation by the attorneys with whom the Chief Public Defender contracts to provide legal and guardian ad litem services to the subjects of such records and for ensuring accurate payments for services rendered by such attorneys; |
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| 43 | 43 | | |
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| 44 | 44 | | (7) The Chief State's Attorney or the Chief State's Attorney's designee for purposes of investigating or prosecuting (A) an allegation related to child abuse or neglect, (B) an allegation that an individual made a false report of suspected child abuse or neglect, or (C) an allegation that a mandated reporter failed to report suspected child abuse or neglect in accordance with section 17a-101a, provided such prosecuting authority shall have access to records of a child charged with the commission of a delinquent act, who is not being charged with an offense related to child abuse, only while the case is being prosecuted and after obtaining a release; |
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| 45 | 45 | | |
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| 46 | 46 | | (8) A state or federal law enforcement officer for purposes of investigating (A) an allegation related to child abuse or neglect, (B) an allegation that an individual made a false report of suspected child abuse or neglect, or (C) an allegation that a mandated reporter failed to report suspected child abuse or neglect in accordance with section 17a-101a; |
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| 47 | 47 | | |
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| 48 | 48 | | (9) A foster or prospective adoptive parent, if the records pertain to a child or youth currently placed with the foster or prospective adoptive parent, or a child or youth being considered for placement with the foster or prospective adoptive parent, and the records are necessary to address the social, medical, psychological or educational needs of the child or youth, provided no information identifying a biological parent is disclosed without the permission of such biological parent; |
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| 49 | 49 | | |
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| 50 | 50 | | (10) Any person, if the records pertain to a child or youth receiving services from the department and the parent, guardian, foster parent or prospective adoptive parent with whom such child or youth lives or is placed is convicted of a crime involving an act of child abuse or neglect as described in section 46b-120 or a violation of section 53-21, 53a-71 or 53a-73a, for the purpose of determining whether the department's services to such child or youth have provided adequate protection to such child or youth based on the known circumstances; |
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| 51 | 51 | | |
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| 52 | 52 | | [(10)] (11) The Governor, when requested in writing in the course of the Governor's official functions, the Legislative Program Review and Investigations Committee, the joint standing committee of the General Assembly having cognizance of matters relating to human services, the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary or the joint standing committee of the General Assembly having cognizance of matters relating to children, when requested in writing by any of such committees in the course of such committee's official functions, and upon a majority vote of such committee, provided no name or other identifying information is disclosed unless such information is essential to the gubernatorial or legislative purpose; |
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| 53 | 53 | | |
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| 54 | 54 | | [(11)] (12) The Office of Early Childhood for the purpose of (A) determining the suitability of a person to care for children in a facility licensed pursuant to section 19a-77, 19a-80 or 19a-87b; (B) determining the suitability of such person for licensure; (C) an investigation conducted pursuant to section 19a-80f; (D) notifying the Department of Public Health when the Department of Children and Families places an individual licensed or certified by the Department of Public Health on the child abuse and neglect registry pursuant to section 17a-101k; or (E) notifying the Department of Public Health when the Department of Children and Families possesses information regarding a Department of Public Health regulatory violation committed by an individual licensed or certified by the Department of Public Health; |
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| 55 | 55 | | |
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| 56 | 56 | | [(12)] (13) The Department of Developmental Services, to allow said department to determine eligibility, facilitate enrollment and plan for the provision of services to a child who is a client of said department and who is applying to enroll in or is enrolled in said department's voluntary services program. At the time that a parent or guardian completes an application for enrollment of a child in the Department of Developmental Services' voluntary services program, or at the time that said department updates a child's annual individualized plan of care, said department shall notify such parent or guardian that the Department of Children and Families may provide records to the Department of Developmental Services for the purposes specified in this subdivision without the consent of such parent or guardian; |
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| 57 | 57 | | |
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| 58 | 58 | | [(13)] (14) A state agency that licenses or certifies an individual to educate or care for children or youth; |
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| 59 | 59 | | |
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| 60 | 60 | | [(14)] (15) A judge or employee of a probate court who requires access to such records in order to perform such judge's or employee's official duties; |
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| 61 | 61 | | |
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| 62 | 62 | | [(15)] (16) A judge of the Superior Court for purposes of determining the appropriate disposition of a child convicted as delinquent or a child who is a member of a family with service needs; |
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| 63 | 63 | | |
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| 64 | 64 | | [(16)] (17) A judge of the Superior Court in a criminal prosecution for purposes of in camera inspection whenever (A) the court has ordered that the record be provided to the court; or (B) a party to the proceeding has issued a subpoena for the record; |
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| 65 | 65 | | |
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| 66 | 66 | | [(17)] (18) A judge of the Superior Court and all necessary parties in a family violence proceeding when such records concern family violence with respect to the child who is the subject of the proceeding or the parent of such child who is the subject of the proceeding; |
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| 67 | 67 | | |
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| 68 | 68 | | [(18)] (19) The Auditors of Public Accounts, or their representative, provided no information identifying the subject of the record is disclosed unless such information is essential to an audit conducted pursuant to section 2-90; |
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| 69 | 69 | | |
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| 70 | 70 | | [(19)] (20) A local or regional board of education, provided the records are limited to educational records created or obtained by the state or Connecticut Unified School District #2, established pursuant to section 17a-37; |
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| 71 | 71 | | |
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| 72 | 72 | | [(20)] (21) The superintendent of schools for any school district for the purpose of determining the suitability of a person to be employed by the local or regional board of education for such school district pursuant to subsection (a) of section 10-221d; |
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| 73 | 73 | | |
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| 74 | 74 | | [(21)] (22) The Department of Motor Vehicles for the purpose of criminal history records checks pursuant to subsection (e) of section 14-44, provided information disclosed pursuant to this subdivision shall be limited to information included on the Department of Children and Families child abuse and neglect registry established pursuant to section 17a-101k, subject to the provisions of sections 17a-101g and 17a-101k concerning the nondisclosure of findings of responsibility for abuse and neglect; |
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| 75 | 75 | | |
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| 76 | 76 | | [(22)] (23) The Department of Mental Health and Addiction Services for the purpose of treatment planning for young adults who have transitioned from the care of the Department of Children and Families; |
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| 77 | 77 | | |
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| 78 | 78 | | [(23)] (24) The superintendent of a public school district or the executive director or other head of a public or private institution for children providing care for children or a private school (A) pursuant to sections 17a-101b, 17a-101c and 17a-101i, or (B) when the Department of Children and Families places an individual employed by such institution or school on the child abuse and neglect registry pursuant to section 17a-101k; |
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| 79 | 79 | | |
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| 80 | 80 | | [(24)] (25) The Department of Social Services for the purpose of (A) determining the suitability of a person for payment from the Department of Social Services for providing child care; (B) promoting the health, safety and welfare of a child or youth receiving services from either department; or (C) investigating allegations of fraud provided no information identifying the subject of the record is disclosed unless such information is essential to any such investigation; |
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| 81 | 81 | | |
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| 82 | 82 | | [(25)] (26) The Court Support Services Division of the Judicial Branch, to allow the division to determine the supervision and treatment needs of a child or youth, and provide appropriate supervision and treatment services to such child or youth, provided such disclosure shall be limited to information that identifies the child or youth, or a member of such child's or youth's immediate family, as being or having been (A) committed to the custody of the Commissioner of Children and Families as delinquent, (B) under the supervision of the Commissioner of Children and Families, or (C) enrolled in the voluntary services program operated by the Department of Children and Families; |
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| 83 | 83 | | |
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| 84 | 84 | | [(26)] (27) The Court Support Services Division of the Judicial Branch for the purpose of sharing common case records to track recidivism of juvenile offenders; and |
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| 85 | 85 | | |
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| 86 | 86 | | [(27)] (28) The birth-to-three program's referral intake office for the purpose of (A) determining eligibility of, (B) facilitating enrollment for, and (C) providing services to (i) substantiated victims of child abuse and neglect with suspected developmental delays, and (ii) newborns impacted by withdrawal symptoms resulting from prenatal drug exposure. |
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| 87 | 87 | | |
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| 88 | 88 | | |
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| 89 | 89 | | |
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| 90 | 90 | | |
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| 91 | 91 | | This act shall take effect as follows and shall amend the following sections: |
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| 92 | 92 | | Section 1 October 1, 2015 17a-28(g) |
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| 93 | 93 | | |
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| 94 | 94 | | This act shall take effect as follows and shall amend the following sections: |
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| 95 | 95 | | |
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| 96 | 96 | | Section 1 |
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| 97 | 97 | | |
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| 98 | 98 | | October 1, 2015 |
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| 99 | 99 | | |
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| 100 | 100 | | 17a-28(g) |
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| 101 | 101 | | |
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