Connecticut 2019 2019 Regular Session

Connecticut Senate Bill SB00452 Comm Sub / Bill

Filed 02/21/2019

                     
 
 
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General Assembly  Committee Bill No. 452  
January Session, 2019  
LCO No. 3761 
 
 
Referred to Committee on COMMITTEE ON CHILDREN  
 
 
Introduced by:  
(KID)  
 
 
 
AN ACT ESTABLISHING THE STATE OVERSIGHT COUN CIL ON 
CHILDREN AND FAMILIES. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective July 1, 2019) (a) There shall be a State 1 
Oversight Council on Children and Families which shall consist of the 2 
following members: (1) Six members appointed by the Governor, 3 
including two persons who are child care professionals, two persons 4 
eighteen to twenty-five years of age, inclusive, served by the 5 
Department of Children and Families, one person who is a child 6 
psychiatrist licensed to practice medicine in this state and one person 7 
who is an attorney who has expertise in legal issues related to children 8 
and youth; (2) one member appointed by the speaker of the House of 9 
Representatives, who has expertise in providing services to children 10 
and youths; (3) one member appointed by the president pro tempore 11 
of the Senate, who has expertise in providing behavioral health 12 
services to children and youths served by the Department of Children 13 
and Families; (4) one member appointed by the majority leader of the 14 
House of Representatives, who is a parent, foster parent or family 15 
member of a child or youth who has received or is receiving behavioral 16    
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health services, child welfare services or juvenile services; (5) one 17 
member appointed by the majority leader of the Senate, who is a 18 
parent, foster parent or family member of a child or youth who has 19 
received or is receiving behavioral health services, child welfare 20 
services or juvenile services; (6) one member appointed by the 21 
minority leader of the House of Representatives, who is a parent, foster 22 
parent or family member of a child or youth who has received or is 23 
receiving behavioral health services, child welfare services or juvenile 24 
services; (7) one member appointed by the minority leader of the 25 
Senate, who is an advocate for children and youths; and (8) six 26 
members representing the regional advisory councils established 27 
pursuant to section 17a-30 of the general statutes, appointed one each 28 
by the members of each council. No more than half the members of the 29 
council shall be persons who receive income from a private practice or 30 
any public or private agency that delivers mental health, substance 31 
abuse, child abuse prevention and treatment or child welfare services. 32 
Members of the council shall serve without compensation, except for 33 
necessary expenses incurred in the performance of their duties. The 34 
Department of Children and Families shall provide the council with 35 
funding to facilitate the participation of those members representing 36 
families and youth, as well as for other administrative support 37 
services. Members shall serve on the council for terms of two years 38 
each and no member shall serve for more than three consecutive terms. 39 
The commissioner shall be an ex-officio member of the council without 40 
vote and shall attend its meetings. Any member who fails to attend 41 
three consecutive meetings or fifty per cent of all meetings during any 42 
calendar year shall be deemed to have resigned. Any vacancy shall be 43 
filled by the appointing authority. The council shall elect two 44 
chairpersons from among its members. 45 
(b) The State Oversight Council on Children and Families shall meet 46 
quarterly, and more often upon the call of the chairpersons or a 47 
majority of the members. The council's meetings shall be held at 48 
locations that facilitate participation by members of the public, and its 49 
agenda and minutes shall be posted on the Internet web site of the 50    
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Department of Children and Families. A majority of the members 51 
present shall constitute a quorum. The council shall have complete 52 
access to all records of the institutions and facilities of the department 53 
in furtherance of its duties, while at all times protecting the right of 54 
privacy of all individuals involved, as provided in section 17a-28 of the 55 
general statutes. 56 
(c) The duties of the State Oversight Council on Children and 57 
Families shall be to: (1) Recommend to the commissioner and the joint 58 
standing committee of the General Assembly having cognizance of 59 
matters relating to children programs, legislation or other matters that 60 
will improve services for children and youths, including behavioral 61 
health services; (2) annually review and advise the commissioner 62 
regarding the proposed budget; (3) interpret to the community at large 63 
the policies, duties and programs of the department; (4) issue any 64 
reports it deems necessary to the Governor, the Commissioner of 65 
Children and Families and, in accordance with the provisions of 66 
section 11-4a of the general statutes, the joint standing committee of 67 
the General Assembly having cognizance of matters relating to 68 
children; (5) assist in the development of and review and comment on 69 
the strategic plan developed by the department pursuant to subsection 70 
(b) of section 17a-3 of the general statutes, as amended by this act; (6) 71 
receive on a quarterly basis from the commissioner a status report on 72 
the department's progress in carrying out the strategic plan; (7) 73 
independently monitor the department's progress in achieving its 74 
goals as expressed in the strategic plan; and (8) offer assistance and 75 
provide an outside perspective to the department so that it may be able 76 
to achieve the goals expressed in the strategic plan.  77 
(d) (1) Not later than July 1, 2020, and annually thereafter, the State 78 
Oversight Council on Children and Families shall submit a report, in 79 
accordance with the provisions of section 11-4a of the general statutes, 80 
to the joint standing committees of the General Assembly having 81 
cognizance of matters relating to appropriations and children. Such 82 
report shall include, but not be limited to, (A) findings and 83    
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recommendations regarding the policies and practices of the 84 
Department of Children and Families; (B) information regarding the 85 
impact of such policies on safety, permanency and well-being 86 
outcomes for children and youths; and (C) any recommendations for 87 
legislation. 88 
(2) Not later than thirty days after the receipt of the report 89 
submitted pursuant to this subsection, the chairpersons of the State 90 
Oversight Council on Children and Families shall appear before the 91 
joint standing committees of the General Assembly having cognizance 92 
of matters relating to appropriations and children to discuss said 93 
report. 94 
Sec. 2. Subdivision (2) of section 17a-1 of the general statutes is 95 
repealed and the following is substituted in lieu thereof (Effective July 96 
1, 2019): 97 
(2) "Council" means the State [Advisory] Oversight Council on 98 
Children and Families; 99 
Sec. 3. Subsection (b) of section 17a-3 of the general statutes is 100 
repealed and the following is substituted in lieu thereof (Effective July 101 
1, 2019): 102 
(b) (1) The department, with the assistance of the State [Advisory] 103 
Oversight Council on Children and Families, and in consultation with 104 
representatives of the children and families served by the department, 105 
providers of services to children and families, advocates, and others 106 
interested in the well-being of children and families in this state, shall 107 
develop and regularly update a single, comprehensive strategic plan 108 
for meeting the needs of children and families served by the 109 
department. In developing and updating the strategic plan, the 110 
department shall identify and define agency goals and indicators of 111 
progress, including benchmarks, in achieving such goals. The strategic 112 
plan shall include, but not be limited to: (A) The department's mission 113 
statement; (B) the expected results for the department and each of its 114    
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mandated areas of responsibility; (C) a schedule of action steps and a 115 
time frame for achieving such results and fulfilling the department's 116 
mission that includes strategies for working with other state agencies 117 
to leverage resources and coordinate service delivery; (D) strategies, 118 
informed by data on referrals, substantiations, removal, placements 119 
and retention, by which the department shall identify racial and ethnic 120 
disparities within child welfare practice and work to eliminate such 121 
disparities; (E) priorities for services and estimates of the funding and 122 
other resources necessary to carry them out; (F) standards for 123 
programs and services that are based on research-based best practices, 124 
when available; and (G) relevant measures of performance. 125 
(2) The department shall begin the strategic planning process on 126 
July 1, 2009. The department shall hold regional meetings on the plan 127 
to ensure public input and shall post the plan and the plan's updates 128 
and progress reports on the department's web site. The department 129 
shall submit the strategic plan to the State [Advisory] Oversight 130 
Council on Children and Families for review and comment prior to its 131 
final submission to the General Assembly and the Governor. On or 132 
before July 1, 2010, the department shall submit the strategic plan, in 133 
accordance with section 11-4a, to the General Assembly and the 134 
Governor. 135 
(3) The commissioner shall track and report on progress in 136 
achieving the strategic plan's goals not later than October 1, 2010, and 137 
quarterly thereafter, to [said State Advisory Council] the State 138 
Oversight Council on Children and Families. The commissioner shall 139 
submit a status report on progress in achieving the results in the 140 
strategic plan, in accordance with section 11-4a, not later than July 1, 141 
2011, and annually thereafter to the General Assembly, the joint 142 
standing committee of the General Assembly having cognizance of 143 
matters relating to children and the Governor.  144 
Sec. 4. Subsections (e) and (f) of section 17a-4a of the general statutes 145 
are repealed and the following is substituted in lieu thereof (Effective 146    
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July 1, 2019): 147 
(e) Not later than October first of each year, the advisory committee 148 
shall submit a status report on local systems of care and practice 149 
standards for state-funded behavioral health programs to the 150 
Commissioner of Children and Families and the State [Advisory] 151 
Oversight Council on Children and Families. 152 
(f) Not later than October first of each odd-numbered year, the 153 
advisory committee shall submit recommendations concerning the 154 
provision of behavioral health services for all children in the state to 155 
the Commissioner of Children and Families and the State [Advisory] 156 
Oversight Council on Children and Families. The recommendations 157 
shall address, but shall not be limited to, the following: (1) The target 158 
population for children with behavioral health needs, and assessment 159 
and benefit options for children with such needs; (2) the 160 
appropriateness and quality of care for children with behavioral health 161 
needs; (3) the coordination of behavioral health services provided 162 
under the HUSKY Health program with services provided by other 163 
publicly-funded programs; (4) performance standards for preventive 164 
services, family supports and emergency service training programs; (5) 165 
assessments of community-based and residential care programs; (6) 166 
outcome measurements by reviewing provider practice; and (7) a 167 
medication protocol and standards for the monitoring of medication 168 
and after-care programs.  169 
Sec. 5. Subsection (l) of section 17a-6 of the general statutes is 170 
repealed and the following is substituted in lieu thereof (Effective July 171 
1, 2019): 172 
(l) Submit to the [state advisory council] State Oversight Council on 173 
Children and Families for its comment proposals for new policies or 174 
programs and the proposed budget for the department; 175 
Sec. 6. Section 17a-9 of the general statutes is repealed and the 176 
following is substituted in lieu thereof (Effective July 1, 2019): 177    
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(a) The commissioner shall appoint, after consultation with the 178 
[state advisory council] State Oversight Council on Children and 179 
Families, and may remove in a like manner, two deputy 180 
commissioners who shall be in the unclassified service. The deputy 181 
commissioner for program services shall be a clinically competent 182 
professional person experienced in one or more fields of children's 183 
services and in the administration of such services, and shall be 184 
responsible for the supervision of all clinical treatment and program 185 
services of the department. The deputy commissioner of 186 
administrative services shall have experience in business or 187 
institutional administration and shall be responsible for the 188 
organizational and general administrative services of the department. 189 
(b) The commissioner shall appoint, after consultation with the 190 
[state advisory council] State Oversight Council on Children and 191 
Families, and may remove in like manner, not more than two program 192 
directors who shall be in the unclassified service, provided the title or 193 
duties of any director appointed pursuant to this subsection may be 194 
changed as the commissioner deems necessary after consultation with 195 
the [state advisory council] State Oversight Council on Children and 196 
Families. Such directors may oversee community programs and 197 
services and the operation of institutions and facilities. 198 
(c) The commissioner shall, in accordance with chapter 67 and after 199 
consultation with the [state advisory council] State Oversight Council 200 
on Children and Families, appoint the administrative heads of all of 201 
the institutions and facilities transferred to the department and such 202 
other institutions and facilities as now are or hereafter may be 203 
established by or transferred to the department. Such administrative 204 
heads shall have skill and experience in the administration of 205 
children's services and shall manage their institutions and facilities in 206 
accordance with the regulations and orders of the commissioner.  207 
(d) The commissioner shall, after consultation with the [state 208 
advisory council] State Oversight Council on Children and Families, 209    
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appoint and may remove in a like manner, up to six regional directors 210 
who shall be in the unclassified service. Each regional director shall 211 
have skill and experience in the field of children's services and in the 212 
administration of such services. Each regional director shall be subject 213 
to the direction of the commissioner and shall be responsible for the 214 
operation and administration of services provided or funded by the 215 
department in the regions created by the commissioner pursuant to 216 
subsection (a) of section 17a-30.  217 
Sec. 7. Subsection (a) of section 17a-32a of the general statutes is 218 
repealed and the following is substituted in lieu thereof (Effective July 219 
1, 2019): 220 
(a) The facilities that come under the jurisdiction of the Department 221 
of Children and Families, as enumerated in section 17a-32, shall submit 222 
an annual report to the State [Advisory] Oversight Council on 223 
Children and Families and to their respective advisory groups, 224 
established pursuant to subsection (b) of section 17a-6. The report shall 225 
include, but not be limited to: (1) Aggregate profiles of the residents; 226 
(2) a description of and update on major initiatives; (3) key outcome 227 
indicators and results; (4) costs associated with operating the facility; 228 
and (5) a description of educational, vocational and literacy programs, 229 
and behavioral, treatment and other services available to the residents 230 
and their outcomes. Each report submitted pursuant to this subsection 231 
shall be posted on the department's web site. 232 
Sec. 8. Section 17a-4 of the general statutes is repealed. (Effective July 233 
1, 2019) 234 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2019 New section 
Sec. 2 July 1, 2019 17a-1(2) 
Sec. 3 July 1, 2019 17a-3(b) 
Sec. 4 July 1, 2019 17a-4a(e) and (f) 
Sec. 5 July 1, 2019 17a-6(l)    
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Sec. 6 July 1, 2019 17a-9 
Sec. 7 July 1, 2019 17a-32a(a) 
Sec. 8 July 1, 2019 Repealer section 
 
Statement of Purpose:   
To establish a State Oversight Council on Children and Families in 
place of the State Advisory Council on Children and Families, and 
require the State Oversight Council on Children and Families to report 
annually to the joint standing committees of the General Assembly 
having cognizance of matters relating to appropriations and children. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, 
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is 
not underlined.] 
 
Co-Sponsors:  SEN. FASANO, 34th Dist.; SEN. WITKOS, 8th Dist. 
SEN. SOMERS, 18th Dist.  
 
S.B. 452