Substitute House Bill No. 6403
Public Act No. 19-44
AN ACT CONCERNING A CHILDREN IN CARE BILL OF RIGHTS
AND EXPECTATIONS AND THE SIBLING BILL OF RIGHTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2019) (a) There is created a
Children in Care Bill of Rights and Expectations, which shall pertain to
each child placed in out-of-home care by the Commissioner of
Children and Families pursuant to an order of temporary custody or
commitment.
(b) The Children in Care Bill of Rights and Expectations ensures
that, absent extraordinary circumstances related to a child's health or
safety or unless otherwise indicated in a case plan prepared pursuant
to section 17a-15 of the general statutes for a child, any child placed in
out-of-home care by the Commissioner of Children and Families
pursuant to an order of temporary custody or commitment has the
right to:
(1) Develop and maintain the child's own values, hopes, goals,
religion, spirituality and identity, including, but not limited to, racial,
sexual and gender identity, in a safe and caring environment;
(2) Visitation or ongoing contact with the child's parents, siblings,
extended family and friends, and assistance in connecting or Substitute House Bill No. 6403
Public Act No. 19-44 2 of 6
reconnecting with the child's birth family if desired;
(3) Be placed in a safe environment in the child's home community
and preplacement visits to such placement when possible;
(4) Meaningful participation in the development of the child's case
plan pursuant to section 17a-15 of the general statutes and permanency
plan pursuant to sections 17a-11, 17a-111b and 46b-129 of the general
statutes, including, but not limited to, the ability to participate in and
select individuals of the child's choice to participate in meetings
concerning such plans;
(5) Meaningful and regular in-person contact with the child's
caseworker, who shall respond to the child's telephone calls and
correspondence in a timely manner; and
(6) Stability and support in all aspects of the child's education.
(c) The Children in Care Bill of Rights and Expectations ensures
that, absent extraordinary circumstances related to a child's health or
safety or unless otherwise indicated in a child's case plan, the guardian
or guardians of each child placed in out-of-home care by the
Commissioner of Children and Families pursuant to an order of
temporary custody or commitment shall:
(1) Maintain a healthy relationship with the child by emphasizing
trust, understanding, empathy and communication;
(2) Set appropriate boundaries with respect to curfews, homework
and household responsibilities in order to provide a stable living
environment;
(3) Assist the child in building life skills, including, but not limited
to, grocery shopping and cooking meals, personal financial
management and washing laundry; Substitute House Bill No. 6403
Public Act No. 19-44 3 of 6
(4) Assist the child in obtaining legal documents and licenses,
including, but not limited to, a birth certificate, Social Security card,
state identification card and motor vehicle operator's license;
(5) Assist the child in participating in extracurricular and personal
enrichment activities and obtaining networking and employment
skills;
(6) Apply the same age-appropriate household rules and provide
the same opportunities to all children residing in the home, including,
but not limited to, participation in family activities and vacations;
(7) Participate in therapy sessions with the child upon request or
when appropriate;
(8) Participate in additional foster parent training programs when
possible; and
(9) Permit the child to have age-appropriate personal privacy and
privacy with respect to personal items and communications, including,
but not limited to, journals, diaries, letters, electronic mail, telephone
calls and text messages.
(d) The caseworker of any child placed in an out-of-home placement
by the Commissioner of Children and Families pursuant to an order of
temporary custody or commitment shall meet in private with the child
annually and any time the child is placed in a new out-of-home
placement, provided the child is of an appropriate age. At such
meeting, the caseworker shall: (1) Provide the child with a copy of the
Children in Care Bill of Rights and Expectations, (2) review the
Children in Care Bill of Rights and Expectations with the child, (3)
explain to the child that the child may contact the caseworker, the
child's attorney, the Department of Children and Families regional
office, the Department of Children and Families Office of the
Ombudsman or the Office of the Child Advocate if the child feels that Substitute House Bill No. 6403
Public Act No. 19-44 4 of 6
his or her rights have been violated or expectations have not been met
under the Children in Care Bill of Rights and Expectations, and
provide the child with contact information for such caseworker, such
regional office, the Department of Children and Families Office of the
Ombudsman and the Office of the Child Advocate, and (4) explain to
the child that if the child is in physical danger or experiences a medical
emergency, the child may dial or send a text message to 9-1-1. The
caseworker shall certify to the commissioner on a form prescribed by
the commissioner that such caseworker has complied with the
provisions of this subsection. Such form shall include (A) an
acknowledgment, for signature by the child, if appropriate, that such
caseworker provided a copy of the Children in Care Bill of Rights and
Expectations to the child and reviewed the Children in Care Bill of
Rights and Expectations with the child, and (B) notice that, if the child
refuses to sign such acknowledgment, such caseworker shall indicate
on the form that the child refused to sign such acknowledgment.
Sec. 2. Section 17a-10c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2019):
(a) For purposes of this section, "Youth Advisory Board" means a
board established by each Department of Children and Families
regional office that is comprised of youth in out-of-home care.
(b) The Commissioner of Children and Families shall meet with the
members of each Youth Advisory Board to gather recommendations
for and to draft a "Sibling Bill of Rights", which may include, but not be
limited to, ways to protect the relationships of siblings separated as a
result of said commissioner's intervention and an affirmation by the
department of its commitment to preserve the relationships between
siblings who have been separated from each other while under
department care. On or before October 1, 2013, the commissioner and
members of the Youth Advisory Boards shall submit the Sibling Bill of
Rights to the joint standing committee of the General Assembly having Substitute House Bill No. 6403
Public Act No. 19-44 5 of 6
cognizance of matters relating to children for consideration of possible
legislative action.
(c) The Commissioner of Children and Families shall incorporate the
final version of the Sibling Bill of Rights into department policy. [and
share such policy with each child placed in the care and custody of the
commissioner pursuant to an order of temporary custody or an order
of commitment.]
(d) On and after January 1, 2020, the caseworker of any child placed
in an out-of-home placement by the Commissioner of Children and
Families pursuant to an order of temporary custody or commitment
shall meet in private with the child annually and any time the child is
placed in a new out-of-home placement, provided the child is of an
appropriate age. At such meeting, the caseworker shall, if applicable
and appropriate: (1) Provide the child with a copy of the Sibling Bill of
Rights, (2) review the Sibling Bill of Rights with the child, and (3)
explain to the child that the child may contact the caseworker, the
child's attorney, the Department of Children and Families regional
office, the Department of Children and Families Office of the
Ombudsman or the Office of the Child Advocate if the child feels that
his or her rights under the Sibling Bill of Rights have been violated,
and provide the child with contact information for such caseworker,
such regional office, the Department of Children and Families Office of
the Ombudsman and the Office of the Child Advocate. The caseworker
shall certify to the commissioner on a form prescribed by the
commissioner that such caseworker has complied with the provisions
of this subsection. Such form shall include (A) an acknowledgment, for
signature by the child, if appropriate, that such caseworker provided a
copy of the Sibling Bill of Rights to the child and reviewed the Sibling
Bill of Rights with the child, and (B) notice that, if the child refuses to
sign such acknowledgment, such caseworker shall indicate on the form
that the child refused to sign such acknowledgment. Substitute House Bill No. 6403
Public Act No. 19-44 6 of 6