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General Assembly Substitute Bill No. 7001
January Session, 2019
AN ACT CONCERNING TH E NOTIFICATION OF CERTAIN
EMPLOYERS OF THE PLA CEMENT OF AN EMPLOYEE ON THE
CHILD ABUSE OR NEGLE CT REGISTRY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 17a-101g of the general statutes is repealed and 1
the following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) Upon receiving a report of child abuse or neglect, as provided in 3
sections 17a-101a to 17a-101c, inclusive, or section 17a-103, in which 4
the alleged perpetrator is (1) a person responsible for such child's 5
health, welfare or care, (2) a person given access to such child by such 6
responsible person, or (3) a person entrusted with the care of a child, 7
the Commissioner of Children and Families, or the commissioner's 8
designee, shall cause the report to be classified and evaluated 9
immediately. If the report contains sufficient information to warrant an 10
investigation, the commissioner shall make the commissioner's best 11
efforts to commence an investigation of a report concerning an 12
imminent risk of physical harm to a child or other emergency within 13
two hours of receipt of the report and shall commence an investigation 14
of all other reports within seventy-two hours of receipt of the report. A 15
report classified by the commissioner, or the commissioner's designee, 16
as lower risk may be referred for family assessment and services 17
pursuant to subsection [(g)] (h) of this section. Any such report may 18 Substitute Bill No. 7001
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thereafter be referred for standard child protective services if safety 19
concerns for the child become evident. A report referred for standard 20
child protective services may be referred for family assessment and 21
services at any time if the department determines there is a lower risk 22
to the child. If the alleged perpetrator is a school employee, as defined 23
in section 53a-65, or is employed by an institution or facility licensed or 24
approved by the state to provide care for children, the department 25
shall notify the Department of Education or the state agency that has 26
issued such license or approval to the institution or facility of the 27
report and the commencement of an investigation by the 28
Commissioner of Children and Families. The department shall 29
complete any such investigation not later than forty-five calendar days 30
after the date of receipt of the report. If the report is a report of child 31
abuse or neglect in which the alleged perpetrator is not a person 32
specified in subdivision (1), (2) or (3) of this subsection, the 33
Commissioner of Children and Families shall refer the report to the 34
appropriate local law enforcement authority for the town in which the 35
child resides or in which the alleged abuse or neglect occurred. 36
(b) The Commissioner of Children and Families shall establish 37
protocols for the investigation of and response to reports of child abuse 38
or neglect of children from birth to three years of age. Such protocols 39
shall include, but need not be limited to, (1) appropriate supervision of 40
the case, (2) appropriate visitation by department personnel to such 41
children, (3) documentation of case activities relevant to the safety and 42
well-being of such children, and (4) a case supervision tool specific to 43
the unique needs and risk status of children from birth to three years 44
of age. All investigations of a report of child abuse or neglect pursuant 45
to this section shall include a home visit at which the child and any 46
siblings are observed, if appropriate, a determination of the nature, 47
extent and cause or causes of the reported abuse or neglect, a 48
determination of the person or persons suspected to be responsible for 49
such abuse or neglect, the name, age and condition of other children 50
residing in the same household and an evaluation of the parents and 51
the home. The report of such investigation shall be in writing. The 52 Substitute Bill No. 7001
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investigation shall also include, but not be limited to, a review of 53
criminal conviction information concerning the person or persons 54
alleged to be responsible for such abuse or neglect and previous 55
allegations of abuse or neglect relating to the child or other children 56
residing in the household or relating to family violence. After an 57
investigation into a report of abuse or neglect has been completed, the 58
commissioner shall determine, based upon a standard of reasonable 59
cause, whether a child has been abused or neglected, as defined in 60
section 46b-120. If the commissioner determines that abuse or neglect 61
has occurred, the commissioner shall also determine whether: (A) 62
There is an identifiable person responsible for such abuse or neglect; 63
and (B) such identifiable person poses a risk to the health, safety or 64
well-being of children and should be recommended by the 65
commissioner for placement on the child abuse and neglect registry 66
established pursuant to section 17a-101k. If the commissioner has 67
made the determinations in subparagraphs (A) and (B) of this 68
subsection, the commissioner shall issue notice of a recommended 69
finding to the person suspected to be responsible for such abuse or 70
neglect in accordance with section 17a-101k. If the child is represented 71
by an attorney or guardian ad litem, the commissioner shall notify the 72
child's attorney or guardian ad litem in writing not less than five days 73
prior to the date of any meeting in which the department is 74
considering removing the child from the household, except, if the 75
commissioner, or the commissioner's designee, has authorized the 76
immediate removal of a child from his or her household pursuant to 77
the provisions of subsection [(e)] (f) of this section, the commissioner, 78
or the commissioner's designee, shall not be required to provide 79
advance written notice of such removal to the child's attorney or 80
guardian ad litem. 81
(c) Except as provided in subsection (d) of this section, no entry of 82
the recommended finding shall be made on the child abuse or neglect 83
registry and no information concerning the finding shall be disclosed 84
by the commissioner pursuant to a check of the child abuse or neglect 85
registry or request for information by a public or private entity for 86 Substitute Bill No. 7001
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employment, licensure, or reimbursement for child care purposes 87
pursuant to programs administered by the Department of Social 88
Services or pursuant to any other general statute that requires a check 89
of the child abuse or neglect registry until the exhaustion or waiver of 90
all administrative appeals available to the person suspected to be 91
responsible for the abuse or neglect, as provided in section 17a-101k. 92
(d) If the child abuse or neglect resulted in or involves (1) the death 93
of a child; (2) the risk of serious physical injury or emotional harm of a 94
child; (3) the serious physical harm of a child; (4) the arrest of a person 95
due to abuse or neglect of a child; (5) a petition filed by the 96
commissioner pursuant to section 17a-112 or 46b-129; or (6) sexual 97
abuse of a child, entry of the recommended finding may be made on 98
the child abuse or neglect registry and information concerning the 99
finding may be disclosed by the commissioner pursuant to a check of 100
the child abuse or neglect registry or request for information by a 101
public or private entity for employment, licensure, or reimbursement 102
for child care purposes pursuant to programs administered by the 103
Department of Social Services or pursuant to any other general statute 104
that requires a check of the child abuse or neglect registry, prior to the 105
exhaustion or waiver of all administrative appeals available to the 106
person suspected to be responsible for the abuse or neglect as provided 107
in section 17a-101k. 108
(e) If entry of the recommended finding is made on the child abuse 109
or neglect registry, the Commissioner of Children and Families shall 110
make a reasonable effort to determine whether the person against 111
whom such finding was made is employed in a capacity that requires 112
such person to have regular and direct contact with children and 113
provide services to or on behalf of children. If the commissioner 114
determines that such person is employed in such capacity, the 115
commissioner shall notify the employer of such person's placement on 116
the abuse or neglect registry. 117
[(e)] (f) If the Commissioner of Children and Families, or the 118
commissioner's designee, has probable cause to believe that the child 119 Substitute Bill No. 7001
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or any other child in the household is in imminent risk of physical 120
harm from the child's surroundings and that immediate removal from 121
such surroundings is necessary to ensure the child's safety, the 122
commissioner, or the commissioner's designee, shall authorize any 123
employee of the department or any law enforcement officer to remove 124
the child and any other child similarly situated from such 125
surroundings without the consent of the child's parent or guardian. 126
The commissioner shall record in writing the reasons for such removal 127
and include such record with the report of the investigation conducted 128
under subsection (b) of this section. 129
[(f)] (g) The removal of a child pursuant to subsection [(e)] (f) of this 130
section shall not exceed ninety-six hours. During the period of such 131
removal, the commissioner, or the commissioner's designee, shall 132
provide the child with all necessary care, including medical care, 133
which may include an examination by a physician or mental health 134
professional with or without the consent of the child's parents, 135
guardian or other person responsible for the child's care, provided 136
reasonable attempts have been made to obtain consent of the child's 137
parents or guardian or other person responsible for the care of such 138
child. During the course of a medical examination, a physician may 139
perform diagnostic tests and procedures necessary for the detection of 140
child abuse or neglect. If the child is not returned home within such 141
ninety-six-hour period, with or without protective services, the 142
department shall proceed in accordance with section 46b-129. 143
[(g)] (h) (1) Notwithstanding the provisions of subsections (a) to [(f)] 144
(g), inclusive, of this section, the commissioner may establish a 145
program of family assessment response to reports of child abuse and 146
neglect whereby the report may be referred to appropriate community 147
providers for family assessment and services without an investigation 148
or at any time during an investigation, provided there has been an 149
initial safety assessment of the circumstances of a family and child and 150
criminal background checks have been performed on all adults 151
involved in the report. Services provided through family assessment 152 Substitute Bill No. 7001
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response shall include an array of community-based services and 153
supports designed to meet the individual needs of families, build upon 154
their strengths, enhance child development, reduce child abuse and 155
neglect and increase the health, safety and well-being of children. 156
(2) In response to an accepted family assessment report, the 157
department shall conduct a comprehensive family assessment that 158
shall include a safety and risk assessment and an assessment of family 159
strengths and needs. Such assessment shall include personal 160
interviews with the child and the child's parent or primary caretaker, 161
an evaluation of the home environment and the performance of 162
criminal background checks on all adults residing in the same 163
household. Such assessment may include, as appropriate, personal 164
interviews with other children or adults residing in the same 165
household as well as any other caregivers, family members and 166
collateral contacts. In conducting such assessment, the department 167
shall consider the age and vulnerability of the child, family 168
functioning, family history of abuse and neglect and family history of 169
involvement with the department. The department shall, upon 170
securing any necessary releases, request any relevant out-of-state 171
history of child abuse or neglect involving any adults residing in the 172
same household. 173
(3) The following reports of suspected child abuse or neglect shall 174
not be referred for family assessment response: (A) Sexual abuse, (B) 175
abuse or neglect occurring in an out-of-home placement, (C) abuse or 176
neglect resulting in the death or serious physical or mental injury of a 177
child, or (D) where the department's safety assessment reveals that the 178
child is unsafe. A case supervisor or manager shall approve all 179
referrals to family assessment response. 180
(4) Prior to referring a report to an appropriate community 181
provider, the department shall develop a service plan designed to meet 182
the family's immediate needs for services and supports and to guide 183
the community provider's development of a long-term plan of care for 184
the family. 185 Substitute Bill No. 7001
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(5) Following a referral pursuant to subdivision (1) of this 186
subsection, a community provider shall schedule an in-person meeting 187
with the family and shall develop a plan of care. Such plan of care shall 188
be developed in consultation with the family and shall include (A) a 189
review of the department's family assessment and service plan and any 190
services and supports the family is currently receiving, and (B) an 191
identification of the family's ongoing needs and the services and 192
supports that may be available to meet such needs. Such plan of care 193
shall identify the family's strengths and needs and describe the 194
services and supports to be offered to (i) address the family's needs, (ii) 195
build upon the family's strengths, and (iii) increase the health, safety 196
and well-being of the child. The provider shall monitor the family's 197
participation and progress with the plan of care. 198
(6) The community provider shall maintain ongoing contact with 199
the family through in-person meetings, visits to the home, child and 200
family team meetings and phone calls. If at any time following the 201
referral or during the implementation of the plan of care, the provider 202
has reasonable cause to suspect or believe that any child under 203
eighteen years of age (A) has been abused or neglected, as defined in 204
section 46b-120, (B) has suffered a nonaccidental physical injury or an 205
injury that is at variance with the history given for such injury, or (C) is 206
placed at imminent risk of serious harm, the provider shall report or 207
cause a report to be made in accordance with the provisions of sections 208
17a-101b to 17a-101d, inclusive. 209
(7) The community provider shall schedule an in-person meeting 210
with the family prior to the end of services. The determination to end 211
services shall be based upon the family's preference and progress in 212
meeting the goals outlined in the plan of care. The community 213
provider shall submit individual child and family specific data and 214
administrative service data to the department not later than thirty days 215
after ending services. Such data shall identify the needs of the family, 216
the services and supports made available to address those needs, the 217
family's met and unmet treatment goals, the final disposition at the 218 Substitute Bill No. 7001
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time of ending services and the reasons for the family's discharge from 219
services, including, but not limited to, met treatment goals, family 220
relocation, the receipt of a new report by the department or transfer of 221
the family to another provider. 222
(8) Subdivisions (5) to (7), inclusive, of this subsection shall apply to 223
all community provider service contracts in effect on June 9, 2016, to 224
the extent they are not in conflict with such contracts, and shall apply 225
to all contracts entered into, amended, extended or renewed on or after 226
June 9, 2016. 227
(9) The commissioner shall adopt procedures to establish a method 228
for the department to monitor the progress of the child and family 229
referred to a community provider pursuant to subdivision (1) of this 230
subsection and to set standards for reopening an investigation 231
pursuant to this section. Such standards shall include, but need not be 232
limited to, provisions for the reassignment of a report referred for 233
family assessment response for an immediate investigation based on 234
(A) a reassessment of the initial report of child abuse or neglect or the 235
discovery of new or additional facts indicating that the child is unsafe, 236
or (B) a determination that the report meets the criteria of subdivision 237
(3) of this subsection and, as a result, does not qualify for family 238
assessment response. Not later than January 1, 2017, the commissioner 239
shall submit a report regarding such procedures and standards, in 240
accordance with the provisions of section 11-4a, to the joint standing 241
committee of the General Assembly having cognizance of matters 242
relating to children. 243
(10) Consistent with the provisions of section 17a-28, the 244
department shall disclose all relevant information in its possession 245
concerning the child and family, including prior child protection 246
activity, to each provider to whom a report has been referred for use 247
by the provider in the assessment, diagnosis and treatment of unique 248
needs of the family and the prevention of future reports. Each provider 249
who has received a report of child abuse or neglect referred pursuant 250
to this subsection shall disclose to the department, consistent with the 251 Substitute Bill No. 7001
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provisions of section 17a-28, all relevant information gathered during 252
assessment, diagnosis and treatment of the child and family. The 253
department may use such information solely to monitor and ensure 254
the continued safety and well-being of the child or children. 255
(11) Not later than July 1, 2016, and annually thereafter, the 256
department shall submit a report, in accordance with the provisions of 257
section 11-4a, to the joint standing committee of the General Assembly 258
having cognizance of matters relating to children for inclusion in the 259
annual report card prepared pursuant to section 2-53m on the status of 260
family assessment response. Such report shall include data from the 261
previous calendar year, including, but not limited to: (A) The number 262
of accepted reports of child abuse or neglect, and the percentage of 263
reports assigned to the family assessment response track; (B) the 264
disposition of families assigned a family assessment response; (C) for 265
cases assigned to the family assessment response track, a breakdown 266
by reporter type; (D) the number and percentage of family assessment 267
response cases that changed track to investigations; (E) an analysis of 268
the department's prior or subsequent involvement with a family that 269
has been assigned to family assessment response, if applicable; (F) an 270
analysis of the department's prior or subsequent involvement with a 271
family that has been assigned to a community partner agency; (G) a 272
description of services that are commonly provided to families referred 273
to the community support for families program; (H) a description of 274
the department's staff development and training practices relating to 275
intake; (I) the number and percentage of referred families who were 276
ultimately enrolled in the community support for families program; (J) 277
the number and percentage of families receiving a family assessment 278
response broken down by race and ethnicity; (K) the reason for 279
discharge from the community support for families program, as 280
identified in subdivision (7) of this subsection, broken down by race 281
and ethnicity; (L) a comparison of the needs identified and the needs 282
addressed for families referred to the community support for families 283
program; and (M) an analysis of the efficacy of the department's risk 284
and safety assessment practices, including information concerning the 285 Substitute Bill No. 7001
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methodology used to determine the reliability of such practices, the 286
utilization of evidence-based practices and tools, and the effectiveness 287
of such assessment practices for identifying children at risk for abuse 288
or neglect. 289
Sec. 2. Subsection (b) of section 17a-16a of the general statutes is 290
repealed and the following is substituted in lieu thereof (Effective 291
October 1, 2019): 292
(b) (1) Whenever a child is placed in out-of-home care by the 293
department pursuant to an emergency order under subsection [(e)] (f) 294
of section 17a-101g, as amended by this act, or an order of temporary 295
custody or an order of commitment under section 46b-129, and at any 296
subsequent change in out-of-home care, any such child may, if it is in 297
the best interests of the child, as determined pursuant to subdivision 298
(3) of this subsection, continue to attend his or her school of origin. 299
Such child shall continue to be a resident of the school district in which 300
such school is located during such attendance for purposes of chapters 301
168 to 170, inclusive, 172 and 173. The board of education for the 302
school of origin shall continue to provide free school privileges to the 303
child and any services provided by such board shall be in accordance 304
with the provisions of subdivision (2) of subsection (e) of section 10-305
76d and section 10-253. If the child continues to attend his or her 306
school of origin following placement in out-of-home care by the 307
department, the local or regional board of education of the school of 308
origin shall not be eligible to receive an excess cost grant pursuant to 309
subdivision (2) of subsection (e) of section 10-76d for the cost of such 310
education, including, but not limited to, tuition and transportation 311
costs. For the fiscal year ending June 30, 2013, and each fiscal year 312
thereafter, an excess cost grant pursuant to subdivision (2) of 313
subsection (e) of section 10-76d shall be available to the nexus school 314
district when the nexus school district pays the child's tuition to the 315
local or regional board of education of the school of origin. If the nexus 316
school district placed the child in a private school or regional 317
educational service center program prior to the child being removed 318 Substitute Bill No. 7001
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from the home by the department and the child continues to attend 319
such prior placement, the nexus school district, or, if the nexus school 320
district cannot be identified, the town where the child resides, shall be 321
eligible to receive the excess cost grant pursuant to section 10-76g. 322
(2) Every decision by the department to place a child into out-of-323
home care under the provisions of subsection [(e)] (f) of section 17a-324
101g, as amended by this act, and section 46b-129, and any subsequent 325
change in out-of-home care, shall take into account the 326
appropriateness of the school setting and the proximity to the school of 327
origin. 328
(3) (A) Whenever a child is placed in out-of-home care by the 329
department pursuant to an emergency order under subsection [(e)] (f) 330
of section 17a-101g, as amended by this act, or an order of temporary 331
custody or an order of commitment under section 46b-129, and at any 332
subsequent change in out-of-home care, the department shall 333
immediately determine whether it is in the best interests of the child to 334
remain in the school of origin. There shall be a presumption that it is in 335
the child's best interests to remain in the school of origin. The 336
department shall provide written notice of its decision to the parties 337
not later than three business days after the date on which the decision 338
is made. Such notice shall identify the factors that form the basis of the 339
department's decision. Any party may object to the department's 340
decision not later than three business days after receipt of such notice. 341
The child shall remain in the school of origin until the time for 342
objection has passed and until any disagreement is resolved, except as 343
provided in subparagraph (C) of this subdivision. The child shall be 344
transported to the school of origin pursuant to subsection (c) of this 345
section during any such disagreement except as provided in 346
subparagraph (C) of this subdivision. Such disagreements shall be 347
expeditiously resolved. The department shall bear the burden of proof 348
that the school placement decision is in the child's best interests. 349
(B) The school placement decision may be revisited at any time 350
during the child's out-of-home care, if circumstances change, in order 351 Substitute Bill No. 7001
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to ensure that the school placement decision remains in the best 352
interests of the child. Notice of any subsequent decision to change the 353
child's school placement decision shall be provided in accordance with 354
subparagraph (A) of this subdivision. Any school placement decision 355
made pursuant to this section may be challenged through the dispute 356
resolution process for treatment plans. The child shall remain in the 357
school of origin until any such disagreement is resolved, except as 358
provided in subparagraph (C) of this subdivision and shall be 359
provided with transportation in accordance with subsection (c) of this 360
section. 361
(C) If at any time the department determines that continued 362
placement in the school of origin will jeopardize the child's immediate 363
physical safety, the department may immediately remove the child 364
from the school and shall notify the child's attorney, parents, guardian 365
ad litem and surrogate parent, if any, by phone or by facsimile on the 366
same business day. Any party may object to the decision to change the 367
child's school placement not later than three business days after receipt 368
of such notice. If any party objects to the change in school placement, 369
the department shall hold an administrative hearing not later than 370
three business days after the objection. 371
Sec. 3. Section 17a-101m of the general statutes is repealed and the 372
following is substituted in lieu thereof (Effective October 1, 2019): 373
Immediately upon the removal of a child from the custody of the 374
child's parent or guardian pursuant to subsection [(e)] (f) of section 375
17a-101g or section 46b-129, the Commissioner of Children and 376
Families shall exercise due diligence to identify all adult grandparents 377
and other adult relatives of the child, including any adult relatives 378
suggested by the parents, subject to exceptions due to family or 379
domestic violence. Not later than thirty days after the removal, the 380
commissioner shall provide such grandparents and other relatives 381
with notice that (1) the child has been or is being removed from the 382
custody of the child's parent or guardian; (2) explains the options that 383
the relative has under federal, state and local law to participate in the 384 Substitute Bill No. 7001
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care and placement of the child, including any options that may be lost 385
by failing to respond to the notice; (3) describes the requirements (A) 386
to obtain a foster care license pursuant to section 17a-114, and (B) for 387
additional services and supports that are available for children placed 388
in such a home; and (4) describes the subsidized guardianship 389
program under section 17a-126, including (A) eligibility requirements, 390
(B) the process for applying to the program, and (C) financial 391
assistance available under the program. 392
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 17a-101g
Sec. 2 October 1, 2019 17a-16a(b)
Sec. 3 October 1, 2019 17a-101m
Statement of Legislative Commissioners:
Section 3 was added to make a conforming change.
KID Joint Favorable Subst.