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Connecticut House Bill HB07001

Connecticut 2019 Regular Session

Connecticut House Bill HB07001 Compare Versions

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7-General Assembly Substitute Bill No. 7001
5+General Assembly Raised Bill No. 7001
86 January Session, 2019
7+LCO No. 3465
98
9+
10+Referred to Committee on COMMITTEE ON CHILDREN
11+
12+
13+Introduced by:
14+(KID)
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1116
1217
1318
1419 AN ACT CONCERNING TH E NOTIFICATION OF CERTAIN
1520 EMPLOYERS OF THE PLA CEMENT OF AN EMPLOYE E ON THE
16-CHILD ABUSE OR NEGLE CT REGISTRY.
21+CHILD ABUSE AND NEGL ECT REGISTRY.
1722 Be it enacted by the Senate and House of Representatives in General
1823 Assembly convened:
1924
20-Section 1. Section 17a-101g of the general statutes is repealed and 1
21-the following is substituted in lieu thereof (Effective October 1, 2019): 2
22-(a) Upon receiving a report of child abuse or neglect, as provided in 3
23-sections 17a-101a to 17a-101c, inclusive, or section 17a-103, in which 4
24-the alleged perpetrator is (1) a person responsible for such child's 5
25-health, welfare or care, (2) a person given access to such child by such 6
26-responsible person, or (3) a person entrusted with the care of a child, 7
27-the Commissioner of Children and Families, or the commissioner's 8
28-designee, shall cause the report to be classified and evaluated 9
29-immediately. If the report contains sufficient information to warrant an 10
30-investigation, the commissioner shall make the commissioner's best 11
31-efforts to commence an investigation of a report concerning an 12
32-imminent risk of physical harm to a child or other emergency within 13
33-two hours of receipt of the report and shall commence an investigation 14
34-of all other reports within seventy-two hours of receipt of the report. A 15
35-report classified by the commissioner, or the commissioner's designee, 16
36-as lower risk may be referred for family assessment and services 17
37-pursuant to subsection [(g)] (h) of this section. Any such report may 18 Substitute Bill No. 7001
25+Section 1. Section 17a-101k of the general statutes is repealed and 1
26+the following is substituted in lieu thereof (Effective July 1, 2019): 2
27+(a) The Commissioner of Children and Families shall maintain a 3
28+registry of the commissioner's findings of abuse or neglect of children 4
29+pursuant to section 17a-101g that conforms to the requirements of this 5
30+section. The regulations adopted pursuant to subsection (i) of this 6
31+section shall provide for the use of the registry on a twenty-four-hour 7
32+daily basis to prevent or discover abuse of children and the 8
33+establishment of a hearing process for any appeal by a person of the 9
34+commissioner's determination that such person is responsible for the 10
35+abuse or neglect of a child pursuant to subsection (b) of section 17a-11
36+101g. The information contained in the registry and any other 12
37+information relative to child abuse, wherever located, shall be 13
38+confidential, subject to such statutes and regulations governing their 14 Raised Bill No. 7001
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44-thereafter be referred for standard child protective services if safety 19
45-concerns for the child become evident. A report referred for standard 20
46-child protective services may be referred for family assessment and 21
47-services at any time if the department determines there is a lower risk 22
48-to the child. If the alleged perpetrator is a school employee, as defined 23
49-in section 53a-65, or is employed by an institution or facility licensed or 24
50-approved by the state to provide care for children, the department 25
51-shall notify the Department of Education or the state agency that has 26
52-issued such license or approval to the institution or facility of the 27
53-report and the commencement of an investigation by the 28
54-Commissioner of Children and Families. The department shall 29
55-complete any such investigation not later than forty-five calendar days 30
56-after the date of receipt of the report. If the report is a report of child 31
57-abuse or neglect in which the alleged perpetrator is not a person 32
58-specified in subdivision (1), (2) or (3) of this subsection, the 33
59-Commissioner of Children and Families shall refer the report to the 34
60-appropriate local law enforcement authority for the town in which the 35
61-child resides or in which the alleged abuse or neglect occurred. 36
62-(b) The Commissioner of Children and Families shall establish 37
63-protocols for the investigation of and response to reports of child abuse 38
64-or neglect of children from birth to three years of age. Such protocols 39
65-shall include, but need not be limited to, (1) appropriate supervision of 40
66-the case, (2) appropriate visitation by department personnel to such 41
67-children, (3) documentation of case activities relevant to the safety and 42
68-well-being of such children, and (4) a case supervision tool specific to 43
69-the unique needs and risk status of children from birth to three years 44
70-of age. All investigations of a report of child abuse or neglect pursuant 45
71-to this section shall include a home visit at which the child and any 46
72-siblings are observed, if appropriate, a determination of the nature, 47
73-extent and cause or causes of the reported abuse or neglect, a 48
74-determination of the person or persons suspected to be responsible for 49
75-such abuse or neglect, the name, age and condition of other children 50
76-residing in the same household and an evaluation of the parents and 51
77-the home. The report of such investigation shall be in writing. The 52 Substitute Bill No. 7001
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44+use and access as shall conform to the requirements of federal law or 15
45+regulations. Any violation of this section or the regulations adopted by 16
46+the commissioner under this section shall be punishable by a fine of 17
47+not more than one thousand dollars or imprisonment for not more 18
48+than one year. 19
49+(b) Upon the issuance of a recommended finding that an individual 20
50+is responsible for abuse or neglect of a child pursuant to subsection (b) 21
51+of section 17a-101g, the commissioner shall provide notice of the 22
52+finding, by first class mail, not later than five business days after the 23
53+issuance of such finding, to the individual who is alleged to be 24
54+responsible for the abuse or neglect. The notice shall: 25
55+(1) Contain a short and plain description of the finding that the 26
56+individual is responsible for the abuse or neglect of a child; 27
57+(2) Inform the individual of the existence of the registry and of the 28
58+commissioner's intention to place the individual's name on the registry 29
59+unless such individual exercises his or her right to appeal the 30
60+recommended finding as provided in this section; 31
61+(3) Inform the individual of the potential adverse consequences of 32
62+being listed on the registry, including, but not limited to, the potential 33
63+effect on the individual obtaining or retaining employment, licensure 34
64+or engaging in activities involving direct contact with children and 35
65+inform the individual of the individual's right to administrative 36
66+procedures as provided in this section to appeal the finding; and 37
67+(4) Include a written form for the individual to sign and return, 38
68+indicating if the individual will invoke the appeal procedures 39
69+provided in this section. 40
70+(c) (1) Following a request for appeal, the commissioner or the 41
71+commissioner's designee shall conduct an internal review of the 42
72+recommended finding to be completed no later than thirty days after 43
73+the request for appeal is received by the department. The 44
74+commissioner or the commissioner's designee shall review all relevant 45 Raised Bill No. 7001
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84-investigation shall also include, but not be limited to, a review of 53
85-criminal conviction information concerning the person or persons 54
86-alleged to be responsible for such abuse or neglect and previous 55
87-allegations of abuse or neglect relating to the child or other children 56
88-residing in the household or relating to family violence. After an 57
89-investigation into a report of abuse or neglect has been completed, the 58
90-commissioner shall determine, based upon a standard of reasonable 59
91-cause, whether a child has been abused or neglected, as defined in 60
92-section 46b-120. If the commissioner determines that abuse or neglect 61
93-has occurred, the commissioner shall also determine whether: (A) 62
94-There is an identifiable person responsible for such abuse or neglect; 63
95-and (B) such identifiable person poses a risk to the health, safety or 64
96-well-being of children and should be recommended by the 65
97-commissioner for placement on the child abuse and neglect registry 66
98-established pursuant to section 17a-101k. If the commissioner has 67
99-made the determinations in subparagraphs (A) and (B) of this 68
100-subsection, the commissioner shall issue notice of a recommended 69
101-finding to the person suspected to be responsible for such abuse or 70
102-neglect in accordance with section 17a-101k. If the child is represented 71
103-by an attorney or guardian ad litem, the commissioner shall notify the 72
104-child's attorney or guardian ad litem in writing not less than five days 73
105-prior to the date of any meeting in which the department is 74
106-considering removing the child from the household, except, if the 75
107-commissioner, or the commissioner's designee, has authorized the 76
108-immediate removal of a child from his or her household pursuant to 77
109-the provisions of subsection [(e)] (f) of this section, the commissioner, 78
110-or the commissioner's designee, shall not be required to provide 79
111-advance written notice of such removal to the child's attorney or 80
112-guardian ad litem. 81
113-(c) Except as provided in subsection (d) of this section, no entry of 82
114-the recommended finding shall be made on the child abuse or neglect 83
115-registry and no information concerning the finding shall be disclosed 84
116-by the commissioner pursuant to a check of the child abuse or neglect 85
117-registry or request for information by a public or private entity for 86 Substitute Bill No. 7001
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80+information relating to the recommended finding, to determine 46
81+whether the recommended finding is factually or legally deficient and 47
82+ought to be reversed. Prior to the review, the commissioner shall 48
83+provide the individual access to all relevant documents in the 49
84+possession of the commissioner regarding the finding of responsibility 50
85+for abuse or neglect of a child, as provided in section 17a-28. 51
86+(2) The individual or the individual's representative may submit any 52
87+documentation that is relevant to a determination of the issue and 53
88+may, at the discretion of the commissioner or the commissioner's 54
89+designee, participate in a telephone conference or face-to-face meeting 55
90+to be conducted for the purpose of gathering additional information 56
91+that may be relevant to determining whether the recommended 57
92+finding is factually or legally deficient. 58
93+(3) If the commissioner or the commissioner's designee, as a result of 59
94+the prehearing review, determines that the recommended finding of 60
95+abuse or neglect is factually or legally deficient, the commissioner or 61
96+the commissioner's designee shall so indicate, in writing, and shall 62
97+reverse the recommended finding. The commissioner shall send notice 63
98+to the individual by certified mail of the commissioner's decision to 64
99+reverse or maintain the finding not later than five business days after 65
100+the decision is made. If the finding is upheld, the notice shall be made 66
101+in accordance with section 4-177 and shall notify the individual of the 67
102+right to request a hearing. The individual may request a hearing not 68
103+later than thirty days after receipt of the notice. The hearing shall be 69
104+scheduled not later than thirty days after receipt by the commissioner 70
105+of the request for a hearing, except for good cause shown by either 71
106+party. 72
107+(d) (1) The hearing procedure shall be conducted in accordance with 73
108+the procedures for contested cases pursuant to sections 4-177 to 4-181a, 74
109+inclusive. 75
110+(2) At the hearing, the individual may be represented by legal 76
111+counsel. The burden of proof shall be on the commissioner to prove 77 Raised Bill No. 7001
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124-employment, licensure, or reimbursement for child care purposes 87
125-pursuant to programs administered by the Department of Social 88
126-Services or pursuant to any other general statute that requires a check 89
127-of the child abuse or neglect registry until the exhaustion or waiver of 90
128-all administrative appeals available to the person suspected to be 91
129-responsible for the abuse or neglect, as provided in section 17a-101k. 92
130-(d) If the child abuse or neglect resulted in or involves (1) the death 93
131-of a child; (2) the risk of serious physical injury or emotional harm of a 94
132-child; (3) the serious physical harm of a child; (4) the arrest of a person 95
133-due to abuse or neglect of a child; (5) a petition filed by the 96
134-commissioner pursuant to section 17a-112 or 46b-129; or (6) sexual 97
135-abuse of a child, entry of the recommended finding may be made on 98
136-the child abuse or neglect registry and information concerning the 99
137-finding may be disclosed by the commissioner pursuant to a check of 100
138-the child abuse or neglect registry or request for information by a 101
139-public or private entity for employment, licensure, or reimbursement 102
140-for child care purposes pursuant to programs administered by the 103
141-Department of Social Services or pursuant to any other general statute 104
142-that requires a check of the child abuse or neglect registry, prior to the 105
143-exhaustion or waiver of all administrative appeals available to the 106
144-person suspected to be responsible for the abuse or neglect as provided 107
145-in section 17a-101k. 108
146-(e) If entry of the recommended finding is made on the child abuse 109
147-or neglect registry, the Commissioner of Children and Families shall 110
148-make a reasonable effort to determine whether the person against 111
149-whom such finding was made is employed in a capacity that requires 112
150-such person to have regular and direct contact with children and 113
151-provide services to or on behalf of children. If the commissioner 114
152-determines that such person is employed in such capacity, the 115
153-commissioner shall notify the employer of such person's placement on 116
154-the abuse or neglect registry. 117
155-[(e)] (f) If the Commissioner of Children and Families, or the 118
156-commissioner's designee, has probable cause to believe that the child 119 Substitute Bill No. 7001
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117+that the finding is supported by a fair preponderance of the evidence 78
118+submitted at the hearing. The commissioner shall make a reasonable 79
119+effort to ascertain whether the individual is employed in a capacity 80
120+that requires the individual to have regular contact with children and 81
121+provide services to or on behalf of children. 82
122+(3) Not later than thirty days after the conclusion of the hearing, the 83
123+hearing officer shall issue a written decision to either reverse or uphold 84
124+the finding. The decision shall contain findings of fact and a conclusion 85
125+of law on each issue raised at the hearing. 86
126+(e) Any individual aggrieved by the decision of the hearing officer 87
127+may appeal the decision in accordance with section 4-183. Such 88
128+individual may also seek a stay of the adverse decision of the hearing 89
129+officer in accordance with subsection (f) of section 4-183. 90
130+(f) Following the issuance of a decision to uphold the finding and 91
131+absent any stay of that decision issued by the commissioner or the 92
132+court, the commissioner shall accurately reflect the information 93
133+concerning the finding in the child abuse and neglect registry 94
134+maintained pursuant to subsection (a) of this section and shall, in 95
135+accordance with section 17a-101g, forward to any agency or official the 96
136+information required to be disclosed pursuant to any provision of the 97
137+general statutes. If the internal review conducted pursuant to 98
138+subsection (c) of this section or hearing conducted pursuant to 99
139+subsection (d) of this section reveals that the individual against whom 100
140+a finding was upheld is employed in a capacity that requires the 101
141+individual to have regular contact with children and provide services 102
142+to or on behalf of children, the commissioner shall make a reasonable 103
143+effort to notify the employer of the individual that the individual's 104
144+name has been placed on the registry. 105
145+(g) Any individual against whom a finding of abuse or neglect was 106
146+substantiated prior to May 1, 2000, and who has not previously 107
147+appealed such finding, may appeal such finding as provided in this 108
148+section. 109 Raised Bill No. 7001
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163-or any other child in the household is in imminent risk of physical 120
164-harm from the child's surroundings and that immediate removal from 121
165-such surroundings is necessary to ensure the child's safety, the 122
166-commissioner, or the commissioner's designee, shall authorize any 123
167-employee of the department or any law enforcement officer to remove 124
168-the child and any other child similarly situated from such 125
169-surroundings without the consent of the child's parent or guardian. 126
170-The commissioner shall record in writing the reasons for such removal 127
171-and include such record with the report of the investigation conducted 128
172-under subsection (b) of this section. 129
173-[(f)] (g) The removal of a child pursuant to subsection [(e)] (f) of this 130
174-section shall not exceed ninety-six hours. During the period of such 131
175-removal, the commissioner, or the commissioner's designee, shall 132
176-provide the child with all necessary care, including medical care, 133
177-which may include an examination by a physician or mental health 134
178-professional with or without the consent of the child's parents, 135
179-guardian or other person responsible for the child's care, provided 136
180-reasonable attempts have been made to obtain consent of the child's 137
181-parents or guardian or other person responsible for the care of such 138
182-child. During the course of a medical examination, a physician may 139
183-perform diagnostic tests and procedures necessary for the detection of 140
184-child abuse or neglect. If the child is not returned home within such 141
185-ninety-six-hour period, with or without protective services, the 142
186-department shall proceed in accordance with section 46b-129. 143
187-[(g)] (h) (1) Notwithstanding the provisions of subsections (a) to [(f)] 144
188-(g), inclusive, of this section, the commissioner may establish a 145
189-program of family assessment response to reports of child abuse and 146
190-neglect whereby the report may be referred to appropriate community 147
191-providers for family assessment and services without an investigation 148
192-or at any time during an investigation, provided there has been an 149
193-initial safety assessment of the circumstances of a family and child and 150
194-criminal background checks have been performed on all adults 151
195-involved in the report. Services provided through family assessment 152 Substitute Bill No. 7001
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202-response shall include an array of community-based services and 153
203-supports designed to meet the individual needs of families, build upon 154
204-their strengths, enhance child development, reduce child abuse and 155
205-neglect and increase the health, safety and well-being of children. 156
206-(2) In response to an accepted family assessment report, the 157
207-department shall conduct a comprehensive family assessment that 158
208-shall include a safety and risk assessment and an assessment of family 159
209-strengths and needs. Such assessment shall include personal 160
210-interviews with the child and the child's parent or primary caretaker, 161
211-an evaluation of the home environment and the performance of 162
212-criminal background checks on all adults residing in the same 163
213-household. Such assessment may include, as appropriate, personal 164
214-interviews with other children or adults residing in the same 165
215-household as well as any other caregivers, family members and 166
216-collateral contacts. In conducting such assessment, the department 167
217-shall consider the age and vulnerability of the child, family 168
218-functioning, family history of abuse and neglect and family history of 169
219-involvement with the department. The department shall, upon 170
220-securing any necessary releases, request any relevant out-of-state 171
221-history of child abuse or neglect involving any adults residing in the 172
222-same household. 173
223-(3) The following reports of suspected child abuse or neglect shall 174
224-not be referred for family assessment response: (A) Sexual abuse, (B) 175
225-abuse or neglect occurring in an out-of-home placement, (C) abuse or 176
226-neglect resulting in the death or serious physical or mental injury of a 177
227-child, or (D) where the department's safety assessment reveals that the 178
228-child is unsafe. A case supervisor or manager shall approve all 179
229-referrals to family assessment response. 180
230-(4) Prior to referring a report to an appropriate community 181
231-provider, the department shall develop a service plan designed to meet 182
232-the family's immediate needs for services and supports and to guide 183
233-the community provider's development of a long-term plan of care for 184
234-the family. 185 Substitute Bill No. 7001
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241-(5) Following a referral pursuant to subdivision (1) of this 186
242-subsection, a community provider shall schedule an in-person meeting 187
243-with the family and shall develop a plan of care. Such plan of care shall 188
244-be developed in consultation with the family and shall include (A) a 189
245-review of the department's family assessment and service plan and any 190
246-services and supports the family is currently receiving, and (B) an 191
247-identification of the family's ongoing needs and the services and 192
248-supports that may be available to meet such needs. Such plan of care 193
249-shall identify the family's strengths and needs and describe the 194
250-services and supports to be offered to (i) address the family's needs, (ii) 195
251-build upon the family's strengths, and (iii) increase the health, safety 196
252-and well-being of the child. The provider shall monitor the family's 197
253-participation and progress with the plan of care. 198
254-(6) The community provider shall maintain ongoing contact with 199
255-the family through in-person meetings, visits to the home, child and 200
256-family team meetings and phone calls. If at any time following the 201
257-referral or during the implementation of the plan of care, the provider 202
258-has reasonable cause to suspect or believe that any child under 203
259-eighteen years of age (A) has been abused or neglected, as defined in 204
260-section 46b-120, (B) has suffered a nonaccidental physical injury or an 205
261-injury that is at variance with the history given for such injury, or (C) is 206
262-placed at imminent risk of serious harm, the provider shall report or 207
263-cause a report to be made in accordance with the provisions of sections 208
264-17a-101b to 17a-101d, inclusive. 209
265-(7) The community provider shall schedule an in-person meeting 210
266-with the family prior to the end of services. The determination to end 211
267-services shall be based upon the family's preference and progress in 212
268-meeting the goals outlined in the plan of care. The community 213
269-provider shall submit individual child and family specific data and 214
270-administrative service data to the department not later than thirty days 215
271-after ending services. Such data shall identify the needs of the family, 216
272-the services and supports made available to address those needs, the 217
273-family's met and unmet treatment goals, the final disposition at the 218 Substitute Bill No. 7001
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280-time of ending services and the reasons for the family's discharge from 219
281-services, including, but not limited to, met treatment goals, family 220
282-relocation, the receipt of a new report by the department or transfer of 221
283-the family to another provider. 222
284-(8) Subdivisions (5) to (7), inclusive, of this subsection shall apply to 223
285-all community provider service contracts in effect on June 9, 2016, to 224
286-the extent they are not in conflict with such contracts, and shall apply 225
287-to all contracts entered into, amended, extended or renewed on or after 226
288-June 9, 2016. 227
289-(9) The commissioner shall adopt procedures to establish a method 228
290-for the department to monitor the progress of the child and family 229
291-referred to a community provider pursuant to subdivision (1) of this 230
292-subsection and to set standards for reopening an investigation 231
293-pursuant to this section. Such standards shall include, but need not be 232
294-limited to, provisions for the reassignment of a report referred for 233
295-family assessment response for an immediate investigation based on 234
296-(A) a reassessment of the initial report of child abuse or neglect or the 235
297-discovery of new or additional facts indicating that the child is unsafe, 236
298-or (B) a determination that the report meets the criteria of subdivision 237
299-(3) of this subsection and, as a result, does not qualify for family 238
300-assessment response. Not later than January 1, 2017, the commissioner 239
301-shall submit a report regarding such procedures and standards, in 240
302-accordance with the provisions of section 11-4a, to the joint standing 241
303-committee of the General Assembly having cognizance of matters 242
304-relating to children. 243
305-(10) Consistent with the provisions of section 17a-28, the 244
306-department shall disclose all relevant information in its possession 245
307-concerning the child and family, including prior child protection 246
308-activity, to each provider to whom a report has been referred for use 247
309-by the provider in the assessment, diagnosis and treatment of unique 248
310-needs of the family and the prevention of future reports. Each provider 249
311-who has received a report of child abuse or neglect referred pursuant 250
312-to this subsection shall disclose to the department, consistent with the 251 Substitute Bill No. 7001
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319-provisions of section 17a-28, all relevant information gathered during 252
320-assessment, diagnosis and treatment of the child and family. The 253
321-department may use such information solely to monitor and ensure 254
322-the continued safety and well-being of the child or children. 255
323-(11) Not later than July 1, 2016, and annually thereafter, the 256
324-department shall submit a report, in accordance with the provisions of 257
325-section 11-4a, to the joint standing committee of the General Assembly 258
326-having cognizance of matters relating to children for inclusion in the 259
327-annual report card prepared pursuant to section 2-53m on the status of 260
328-family assessment response. Such report shall include data from the 261
329-previous calendar year, including, but not limited to: (A) The number 262
330-of accepted reports of child abuse or neglect, and the percentage of 263
331-reports assigned to the family assessment response track; (B) the 264
332-disposition of families assigned a family assessment response; (C) for 265
333-cases assigned to the family assessment response track, a breakdown 266
334-by reporter type; (D) the number and percentage of family assessment 267
335-response cases that changed track to investigations; (E) an analysis of 268
336-the department's prior or subsequent involvement with a family that 269
337-has been assigned to family assessment response, if applicable; (F) an 270
338-analysis of the department's prior or subsequent involvement with a 271
339-family that has been assigned to a community partner agency; (G) a 272
340-description of services that are commonly provided to families referred 273
341-to the community support for families program; (H) a description of 274
342-the department's staff development and training practices relating to 275
343-intake; (I) the number and percentage of referred families who were 276
344-ultimately enrolled in the community support for families program; (J) 277
345-the number and percentage of families receiving a family assessment 278
346-response broken down by race and ethnicity; (K) the reason for 279
347-discharge from the community support for families program, as 280
348-identified in subdivision (7) of this subsection, broken down by race 281
349-and ethnicity; (L) a comparison of the needs identified and the needs 282
350-addressed for families referred to the community support for families 283
351-program; and (M) an analysis of the efficacy of the department's risk 284
352-and safety assessment practices, including information concerning the 285 Substitute Bill No. 7001
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359-methodology used to determine the reliability of such practices, the 286
360-utilization of evidence-based practices and tools, and the effectiveness 287
361-of such assessment practices for identifying children at risk for abuse 288
362-or neglect. 289
363-Sec. 2. Subsection (b) of section 17a-16a of the general statutes is 290
364-repealed and the following is substituted in lieu thereof (Effective 291
365-October 1, 2019): 292
366-(b) (1) Whenever a child is placed in out-of-home care by the 293
367-department pursuant to an emergency order under subsection [(e)] (f) 294
368-of section 17a-101g, as amended by this act, or an order of temporary 295
369-custody or an order of commitment under section 46b-129, and at any 296
370-subsequent change in out-of-home care, any such child may, if it is in 297
371-the best interests of the child, as determined pursuant to subdivision 298
372-(3) of this subsection, continue to attend his or her school of origin. 299
373-Such child shall continue to be a resident of the school district in which 300
374-such school is located during such attendance for purposes of chapters 301
375-168 to 170, inclusive, 172 and 173. The board of education for the 302
376-school of origin shall continue to provide free school privileges to the 303
377-child and any services provided by such board shall be in accordance 304
378-with the provisions of subdivision (2) of subsection (e) of section 10-305
379-76d and section 10-253. If the child continues to attend his or her 306
380-school of origin following placement in out-of-home care by the 307
381-department, the local or regional board of education of the school of 308
382-origin shall not be eligible to receive an excess cost grant pursuant to 309
383-subdivision (2) of subsection (e) of section 10-76d for the cost of such 310
384-education, including, but not limited to, tuition and transportation 311
385-costs. For the fiscal year ending June 30, 2013, and each fiscal year 312
386-thereafter, an excess cost grant pursuant to subdivision (2) of 313
387-subsection (e) of section 10-76d shall be available to the nexus school 314
388-district when the nexus school district pays the child's tuition to the 315
389-local or regional board of education of the school of origin. If the nexus 316
390-school district placed the child in a private school or regional 317
391-educational service center program prior to the child being removed 318 Substitute Bill No. 7001
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398-from the home by the department and the child continues to attend 319
399-such prior placement, the nexus school district, or, if the nexus school 320
400-district cannot be identified, the town where the child resides, shall be 321
401-eligible to receive the excess cost grant pursuant to section 10-76g. 322
402-(2) Every decision by the department to place a child into out-of-323
403-home care under the provisions of subsection [(e)] (f) of section 17a-324
404-101g, as amended by this act, and section 46b-129, and any subsequent 325
405-change in out-of-home care, shall take into account the 326
406-appropriateness of the school setting and the proximity to the school of 327
407-origin. 328
408-(3) (A) Whenever a child is placed in out-of-home care by the 329
409-department pursuant to an emergency order under subsection [(e)] (f) 330
410-of section 17a-101g, as amended by this act, or an order of temporary 331
411-custody or an order of commitment under section 46b-129, and at any 332
412-subsequent change in out-of-home care, the department shall 333
413-immediately determine whether it is in the best interests of the child to 334
414-remain in the school of origin. There shall be a presumption that it is in 335
415-the child's best interests to remain in the school of origin. The 336
416-department shall provide written notice of its decision to the parties 337
417-not later than three business days after the date on which the decision 338
418-is made. Such notice shall identify the factors that form the basis of the 339
419-department's decision. Any party may object to the department's 340
420-decision not later than three business days after receipt of such notice. 341
421-The child shall remain in the school of origin until the time for 342
422-objection has passed and until any disagreement is resolved, except as 343
423-provided in subparagraph (C) of this subdivision. The child shall be 344
424-transported to the school of origin pursuant to subsection (c) of this 345
425-section during any such disagreement except as provided in 346
426-subparagraph (C) of this subdivision. Such disagreements shall be 347
427-expeditiously resolved. The department shall bear the burden of proof 348
428-that the school placement decision is in the child's best interests. 349
429-(B) The school placement decision may be revisited at any time 350
430-during the child's out-of-home care, if circumstances change, in order 351 Substitute Bill No. 7001
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437-to ensure that the school placement decision remains in the best 352
438-interests of the child. Notice of any subsequent decision to change the 353
439-child's school placement decision shall be provided in accordance with 354
440-subparagraph (A) of this subdivision. Any school placement decision 355
441-made pursuant to this section may be challenged through the dispute 356
442-resolution process for treatment plans. The child shall remain in the 357
443-school of origin until any such disagreement is resolved, except as 358
444-provided in subparagraph (C) of this subdivision and shall be 359
445-provided with transportation in accordance with subsection (c) of this 360
446-section. 361
447-(C) If at any time the department determines that continued 362
448-placement in the school of origin will jeopardize the child's immediate 363
449-physical safety, the department may immediately remove the child 364
450-from the school and shall notify the child's attorney, parents, guardian 365
451-ad litem and surrogate parent, if any, by phone or by facsimile on the 366
452-same business day. Any party may object to the decision to change the 367
453-child's school placement not later than three business days after receipt 368
454-of such notice. If any party objects to the change in school placement, 369
455-the department shall hold an administrative hearing not later than 370
456-three business days after the objection. 371
457-Sec. 3. Section 17a-101m of the general statutes is repealed and the 372
458-following is substituted in lieu thereof (Effective October 1, 2019): 373
459-Immediately upon the removal of a child from the custody of the 374
460-child's parent or guardian pursuant to subsection [(e)] (f) of section 375
461-17a-101g or section 46b-129, the Commissioner of Children and 376
462-Families shall exercise due diligence to identify all adult grandparents 377
463-and other adult relatives of the child, including any adult relatives 378
464-suggested by the parents, subject to exceptions due to family or 379
465-domestic violence. Not later than thirty days after the removal, the 380
466-commissioner shall provide such grandparents and other relatives 381
467-with notice that (1) the child has been or is being removed from the 382
468-custody of the child's parent or guardian; (2) explains the options that 383
469-the relative has under federal, state and local law to participate in the 384 Substitute Bill No. 7001
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476-care and placement of the child, including any options that may be lost 385
477-by failing to respond to the notice; (3) describes the requirements (A) 386
478-to obtain a foster care license pursuant to section 17a-114, and (B) for 387
479-additional services and supports that are available for children placed 388
480-in such a home; and (4) describes the subsidized guardianship 389
481-program under section 17a-126, including (A) eligibility requirements, 390
482-(B) the process for applying to the program, and (C) financial 391
483-assistance available under the program. 392
154+(h) Records containing unsubstantiated findings and records 110
155+relating to family assessment cases shall remain sealed, except that 111
156+such records shall be made available to department employees in the 112
157+proper discharge of their duties and shall be expunged by the 113
158+commissioner five years from the completion date of the investigation 114
159+or the closure of the family assessment case, whichever is later, if no 115
160+further report is made about the individual subject to the investigation 116
161+or the family subject to the assessment, except that if the department 117
162+receives more than one report on an individual subject to investigation 118
163+or a family subject to assessment and each report is unsubstantiated, 119
164+all reports and information pertaining to the individual or family shall 120
165+be expunged by the commissioner five years from the completion date 121
166+of the most recent investigation. 122
167+(i) Not later than July 1, 2006, the Commissioner of Children and 123
168+Families shall adopt regulations, in accordance with the provisions of 124
169+chapter 54, to implement the provisions of this section. 125
484170 This act shall take effect as follows and shall amend the following
485171 sections:
486172
487-Section 1 October 1, 2019 17a-101g
488-Sec. 2 October 1, 2019 17a-16a(b)
489-Sec. 3 October 1, 2019 17a-101m
173+Section 1 July 1, 2019 17a-101k
490174
491-Statement of Legislative Commissioners:
492-Section 3 was added to make a conforming change.
493-
494-KID Joint Favorable Subst.
175+Statement of Purpose:
176+To (1) require the Commissioner of Children and Families to make a
177+reasonable effort to determine whether an individual against whom a
178+recommended finding of responsibility for abuse or neglect of a child
179+has been made is employed in a capacity that requires the individual
180+to have regular contact with children and provide services to or on
181+behalf of children, and (2) make a reasonable effort to notify the
182+employer of an individual whose name has been placed on the child
183+abuse and neglect registry if such individual has regular contact with
184+children and provides services to or on behalf of children.
185+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
186+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
187+not underlined.]
495188