Connecticut 2019 Regular Session

Connecticut Senate Bill SB00452 Compare Versions

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14		-	AN ACT ESTABLISHING THE CHILD WELFARE AN D POLICY
15		-	OVERSIGHT COMMITTEE.
	11	+	Referred to Committee on COMMITTEE ON CHILDREN
	12	+
	13	+
	14	+	Introduced by:
	15	+	(KID)
	16	+
	17	+
	18	+
	19	+	AN ACT ESTABLISHING THE STATE OVERSIGHT COUN CIL ON
	20	+	CHILDREN AND FAMILIES.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19		-	Section 1. (NEW) (Effective July 1, 2019) (a) There is established a 1
20		-	Child Welfare Policy and Oversight Committee that shall monitor and 2
21		-	evaluate the policies and practices implemented by state agencies that 3
22		-	affect the state's child welfare system with the goals of ensuring that 4
23		-	(1) children are protected from abuse and neglect, (2) preventable child 5
24		-	fatalities are reduced or eliminated, (3) children have permanency and 6
25		-	stability in their living situations, are placed with family members 7
26		-	whenever possible and do not exit the child welfare system into 8
27		-	homelessness, (4) minority populations are not disproportionately 9
28		-	placed in the child welfare system, (5) children receive timely 10
29		-	appropriate and adequate services to meet their physical, mental 11
30		-	health and developmental needs, (6) children do not remain in 12
31		-	institutional settings longer than is necessary, and (7) state agencies 13
32		-	collaborate to establish protocols for achieving the goals described in 14
33		-	this subsection. 15
34		-	(b) The Child Welfare Policy and Oversight Committee shall consist 16
35		-	of the following members: 17
36		-	(1) Two members appointed by the speaker of the House of 18 Substitute Bill No. 452
	24	+	Section 1. (NEW) (Effective July 1, 2019) (a) There shall be a State 1
	25	+	Oversight Council on Children and Families which shall consist of the 2
	26	+	following members: (1) Six members appointed by the Governor, 3
	27	+	including two persons who are child care professionals, two persons 4
	28	+	eighteen to twenty-five years of age, inclusive, served by the 5
	29	+	Department of Children and Families, one person who is a child 6
	30	+	psychiatrist licensed to practice medicine in this state and one person 7
	31	+	who is an attorney who has expertise in legal issues related to children 8
	32	+	and youth; (2) one member appointed by the speaker of the House of 9
	33	+	Representatives, who has expertise in providing services to children 10
	34	+	and youths; (3) one member appointed by the president pro tempore 11
	35	+	of the Senate, who has expertise in providing behavioral health 12
	36	+	services to children and youths served by the Department of Children 13
	37	+	and Families; (4) one member appointed by the majority leader of the 14
	38	+	House of Representatives, who is a parent, foster parent or family 15
	39	+	member of a child or youth who has received or is receiving behavioral 16
	40	+	Committee Bill No. 452
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43		-	Representatives, who shall be advocates for children and families; 19
44		-	(2) Two members appointed by the president pro tempore of the 20
45		-	Senate, who shall be attorneys licensed in this state with expertise in 21
46		-	legal issues affecting children; 22
47		-	(3) One member appointed by the majority leader of the House of 23
48		-	Representatives, who shall be a pediatrician licensed in this state; 24
49		-	(4) One member appointed by the minority leader of the House of 25
50		-	Representatives, who shall be a provider of behavioral health services 26
51		-	for children; 27
52		-	(5) One member appointed by the majority leader of the Senate, 28
53		-	who shall be a child psychiatrist licensed in this state; 29
54		-	(6) One member appointed by the minority leader of the Senate, 30
55		-	who shall be a school superintendent; 31
56		-	(7) Five members appointed by the Commissioner of Children and 32
57		-	Families, two of whom shall be providers of therapeutic or support 33
58		-	services for families served by the Department of Children and 34
59		-	Families, two of whom shall be representatives of nonprofit 35
60		-	organizations that provide services to children and families in the 36
61		-	state, and one of whom shall be the parent or guardian of a child 37
62		-	diagnosed with mental, emotional or behavioral health issues; 38
63		-	(8) Three members appointed by the Commissioner of Early 39
64		-	Childhood, two of whom shall be providers of behavioral health 40
65		-	services to children under the age of three, and one of whom shall be 41
66		-	the parent or guardian of a child who has received such services; 42
67		-	(9) Two members appointed by the Commissioner of 43
68		-	Developmental Services, one of whom shall be a provider of services to 44
69		-	children with developmental disabilities, and one of whom shall be the 45
70		-	parent or guardian of a child who has received such services; 46 Substitute Bill No. 452
	45	+	health services, child welfare services or juvenile services; (5) one 17
	46	+	member appointed by the majority leader of the Senate, who is a 18
	47	+	parent, foster parent or family member of a child or youth who has 19
	48	+	received or is receiving behavioral health services, child welfare 20
	49	+	services or juvenile services; (6) one member appointed by the 21
	50	+	minority leader of the House of Representatives, who is a parent, foster 22
	51	+	parent or family member of a child or youth who has received or is 23
	52	+	receiving behavioral health services, child welfare services or juvenile 24
	53	+	services; (7) one member appointed by the minority leader of the 25
	54	+	Senate, who is an advocate for children and youths; and (8) six 26
	55	+	members representing the regional advisory councils established 27
	56	+	pursuant to section 17a-30 of the general statutes, appointed one each 28
	57	+	by the members of each council. No more than half the members of the 29
	58	+	council shall be persons who receive income from a private practice or 30
	59	+	any public or private agency that delivers mental health, substance 31
	60	+	abuse, child abuse prevention and treatment or child welfare services. 32
	61	+	Members of the council shall serve without compensation, except for 33
	62	+	necessary expenses incurred in the performance of their duties. The 34
	63	+	Department of Children and Families shall provide the council with 35
	64	+	funding to facilitate the participation of those members representing 36
	65	+	families and youth, as well as for other administrative support 37
	66	+	services. Members shall serve on the council for terms of two years 38
	67	+	each and no member shall serve for more than three consecutive terms. 39
	68	+	The commissioner shall be an ex-officio member of the council without 40
	69	+	vote and shall attend its meetings. Any member who fails to attend 41
	70	+	three consecutive meetings or fifty per cent of all meetings during any 42
	71	+	calendar year shall be deemed to have resigned. Any vacancy shall be 43
	72	+	filled by the appointing authority. The council shall elect two 44
	73	+	chairpersons from among its members. 45
	74	+	(b) The State Oversight Council on Children and Families shall meet 46
	75	+	quarterly, and more often upon the call of the chairpersons or a 47
	76	+	majority of the members. The council's meetings shall be held at 48
	77	+	locations that facilitate participation by members of the public, and its 49
	78	+	agenda and minutes shall be posted on the Internet web site of the 50
	79	+	Committee Bill No. 452
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77		-	(10) The Commissioner of Children and Families, or the 47
78		-	commissioner's designee; 48
79		-	(11) The Commissioner of Developmental Services, or the 49
80		-	commissioner's designee; 50
81		-	(12) The Commissioner of Early Childhood, or the commissioner's 51
82		-	designee; 52
83		-	(13) The Child Advocate, or the Child Advocate's designee; 53
84		-	(14) The Chief Court Administrator, or the Chief Court 54
85		-	Administrator's designee; 55
86		-	(15) The Chief Public Defender, or the Chief Public Defender's 56
87		-	designee; 57
88		-	(16) The executive director of the Commission on Women, Children 58
89		-	and Seniors, or the executive director's designee; and 59
90		-	(17) The chairpersons and ranking members of the joint standing 60
91		-	committee of the General Assembly having cognizance of matters 61
92		-	relating to children, or the chairpersons' and ranking members' 62
93		-	designees. 63
94		-	(c) All appointments to the committee shall be made not later than 64
95		-	thirty days after the effective date of this section. Any member of the 65
96		-	committee appointed under subdivision (1), (2), (3), (4), (5), (6), (7), (8) 66
97		-	or (9) of subsection (b) of this section shall serve a three-year term, 67
98		-	except that the members first appointed shall serve a two-year term. 68
99		-	Any member may be reappointed. Any vacancy shall be filled by the 69
100		-	appointing authority for the unexpired portion of the term not later 70
101		-	than thirty days after such vacancy. 71
102		-	(d) The chairpersons of the joint standing committee of the General 72
103		-	Assembly having cognizance of matters relating to children, or the 73
104		-	chairpersons' designees, and the executive director of the Commission 74 Substitute Bill No. 452
	84	+	Department of Children and Families. A majority of the members 51
	85	+	present shall constitute a quorum. The council shall have complete 52
	86	+	access to all records of the institutions and facilities of the department 53
	87	+	in furtherance of its duties, while at all times protecting the right of 54
	88	+	privacy of all individuals involved, as provided in section 17a-28 of the 55
	89	+	general statutes. 56
	90	+	(c) The duties of the State Oversight Council on Children and 57
	91	+	Families shall be to: (1) Recommend to the commissioner and the joint 58
	92	+	standing committee of the General Assembly having cognizance of 59
	93	+	matters relating to children programs, legislation or other matters that 60
	94	+	will improve services for children and youths, including behavioral 61
	95	+	health services; (2) annually review and advise the commissioner 62
	96	+	regarding the proposed budget; (3) interpret to the community at large 63
	97	+	the policies, duties and programs of the department; (4) issue any 64
	98	+	reports it deems necessary to the Governor, the Commissioner of 65
	99	+	Children and Families and, in accordance with the provisions of 66
	100	+	section 11-4a of the general statutes, the joint standing committee of 67
	101	+	the General Assembly having cognizance of matters relating to 68
	102	+	children; (5) assist in the development of and review and comment on 69
	103	+	the strategic plan developed by the department pursuant to subsection 70
	104	+	(b) of section 17a-3 of the general statutes, as amended by this act; (6) 71
	105	+	receive on a quarterly basis from the commissioner a status report on 72
	106	+	the department's progress in carrying out the strategic plan; (7) 73
	107	+	independently monitor the department's progress in achieving its 74
	108	+	goals as expressed in the strategic plan; and (8) offer assistance and 75
	109	+	provide an outside perspective to the department so that it may be able 76
	110	+	to achieve the goals expressed in the strategic plan. 77
	111	+	(d) (1) Not later than July 1, 2020, and annually thereafter, the State 78
	112	+	Oversight Council on Children and Families shall submit a report, in 79
	113	+	accordance with the provisions of section 11-4a of the general statutes, 80
	114	+	to the joint standing committees of the General Assembly having 81
	115	+	cognizance of matters relating to appropriations and children. Such 82
	116	+	report shall include, but not be limited to, (A) findings and 83
	117	+	Committee Bill No. 452
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111		-	on Women, Children and Seniors, or the executive director's designee, 75
112		-	shall serve as chairpersons of the committee. Such chairpersons shall 76
113		-	schedule the first meeting of the committee, which shall be held not 77
114		-	later than sixty days after the effective date of this section. The 78
115		-	committee shall meet not less than quarterly. 79
116		-	(e) Each member shall be entitled to one vote on the committee. A 80
117		-	majority of the committee shall constitute a quorum for the transaction 81
118		-	of any business, the exercise of any power or the performance of any 82
119		-	duty authorized or imposed by law. 83
120		-	(f) Not later than January 1, 2020, and not less than annually 84
121		-	thereafter, the committee shall submit a report and any 85
122		-	recommendations to the joint standing committee of the General 86
123		-	Assembly having cognizance of matters relating to children, in 87
124		-	accordance with the provisions of section 11-4a of the general statutes. 88
125		-	Such report shall include, but not be limited to, (1) a description of the 89
126		-	activities of the committee, (2) an evaluation of the efficacy of policies 90
127		-	and practices being implemented within the state's child welfare 91
128		-	system with respect to the goals set forth pursuant to subsection (a) of 92
129		-	this section, and (3) recommendations for the improvement of such 93
130		-	policies and practices. 94
	122	+	recommendations regarding the policies and practices of the 84
	123	+	Department of Children and Families; (B) information regarding the 85
	124	+	impact of such policies on safety, permanency and well-being 86
	125	+	outcomes for children and youths; and (C) any recommendations for 87
	126	+	legislation. 88
	127	+	(2) Not later than thirty days after the receipt of the report 89
	128	+	submitted pursuant to this subsection, the chairpersons of the State 90
	129	+	Oversight Council on Children and Families shall appear before the 91
	130	+	joint standing committees of the General Assembly having cognizance 92
	131	+	of matters relating to appropriations and children to discuss said 93
	132	+	report. 94
	133	+	Sec. 2. Subdivision (2) of section 17a-1 of the general statutes is 95
	134	+	repealed and the following is substituted in lieu thereof (Effective July 96
	135	+	1, 2019): 97
	136	+	(2) "Council" means the State [Advisory] Oversight Council on 98
	137	+	Children and Families; 99
	138	+	Sec. 3. Subsection (b) of section 17a-3 of the general statutes is 100
	139	+	repealed and the following is substituted in lieu thereof (Effective July 101
	140	+	1, 2019): 102
	141	+	(b) (1) The department, with the assistance of the State [Advisory] 103
	142	+	Oversight Council on Children and Families, and in consultation with 104
	143	+	representatives of the children and families served by the department, 105
	144	+	providers of services to children and families, advocates, and others 106
	145	+	interested in the well-being of children and families in this state, shall 107
	146	+	develop and regularly update a single, comprehensive strategic plan 108
	147	+	for meeting the needs of children and families served by the 109
	148	+	department. In developing and updating the strategic plan, the 110
	149	+	department shall identify and define agency goals and indicators of 111
	150	+	progress, including benchmarks, in achieving such goals. The strategic 112
	151	+	plan shall include, but not be limited to: (A) The department's mission 113
	152	+	statement; (B) the expected results for the department and each of its 114
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	158	+	mandated areas of responsibility; (C) a schedule of action steps and a 115
	159	+	time frame for achieving such results and fulfilling the department's 116
	160	+	mission that includes strategies for working with other state agencies 117
	161	+	to leverage resources and coordinate service delivery; (D) strategies, 118
	162	+	informed by data on referrals, substantiations, removal, placements 119
	163	+	and retention, by which the department shall identify racial and ethnic 120
	164	+	disparities within child welfare practice and work to eliminate such 121
	165	+	disparities; (E) priorities for services and estimates of the funding and 122
	166	+	other resources necessary to carry them out; (F) standards for 123
	167	+	programs and services that are based on research-based best practices, 124
	168	+	when available; and (G) relevant measures of performance. 125
	169	+	(2) The department shall begin the strategic planning process on 126
	170	+	July 1, 2009. The department shall hold regional meetings on the plan 127
	171	+	to ensure public input and shall post the plan and the plan's updates 128
	172	+	and progress reports on the department's web site. The department 129
	173	+	shall submit the strategic plan to the State [Advisory] Oversight 130
	174	+	Council on Children and Families for review and comment prior to its 131
	175	+	final submission to the General Assembly and the Governor. On or 132
	176	+	before July 1, 2010, the department shall submit the strategic plan, in 133
	177	+	accordance with section 11-4a, to the General Assembly and the 134
	178	+	Governor. 135
	179	+	(3) The commissioner shall track and report on progress in 136
	180	+	achieving the strategic plan's goals not later than October 1, 2010, and 137
	181	+	quarterly thereafter, to [said State Advisory Council] the State 138
	182	+	Oversight Council on Children and Families. The commissioner shall 139
	183	+	submit a status report on progress in achieving the results in the 140
	184	+	strategic plan, in accordance with section 11-4a, not later than July 1, 141
	185	+	2011, and annually thereafter to the General Assembly, the joint 142
	186	+	standing committee of the General Assembly having cognizance of 143
	187	+	matters relating to children and the Governor. 144
	188	+	Sec. 4. Subsections (e) and (f) of section 17a-4a of the general statutes 145
	189	+	are repealed and the following is substituted in lieu thereof (Effective 146
	190	+	Committee Bill No. 452
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	195	+	July 1, 2019): 147
	196	+	(e) Not later than October first of each year, the advisory committee 148
	197	+	shall submit a status report on local systems of care and practice 149
	198	+	standards for state-funded behavioral health programs to the 150
	199	+	Commissioner of Children and Families and the State [Advisory] 151
	200	+	Oversight Council on Children and Families. 152
	201	+	(f) Not later than October first of each odd-numbered year, the 153
	202	+	advisory committee shall submit recommendations concerning the 154
	203	+	provision of behavioral health services for all children in the state to 155
	204	+	the Commissioner of Children and Families and the State [Advisory] 156
	205	+	Oversight Council on Children and Families. The recommendations 157
	206	+	shall address, but shall not be limited to, the following: (1) The target 158
	207	+	population for children with behavioral health needs, and assessment 159
	208	+	and benefit options for children with such needs; (2) the 160
	209	+	appropriateness and quality of care for children with behavioral health 161
	210	+	needs; (3) the coordination of behavioral health services provided 162
	211	+	under the HUSKY Health program with services provided by other 163
	212	+	publicly-funded programs; (4) performance standards for preventive 164
	213	+	services, family supports and emergency service training programs; (5) 165
	214	+	assessments of community-based and residential care programs; (6) 166
	215	+	outcome measurements by reviewing provider practice; and (7) a 167
	216	+	medication protocol and standards for the monitoring of medication 168
	217	+	and after-care programs. 169
	218	+	Sec. 5. Subsection (l) of section 17a-6 of the general statutes is 170
	219	+	repealed and the following is substituted in lieu thereof (Effective July 171
	220	+	1, 2019): 172
	221	+	(l) Submit to the [state advisory council] State Oversight Council on 173
	222	+	Children and Families for its comment proposals for new policies or 174
	223	+	programs and the proposed budget for the department; 175
	224	+	Sec. 6. Section 17a-9 of the general statutes is repealed and the 176
	225	+	following is substituted in lieu thereof (Effective July 1, 2019): 177
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	231	+	(a) The commissioner shall appoint, after consultation with the 178
	232	+	[state advisory council] State Oversight Council on Children and 179
	233	+	Families, and may remove in a like manner, two deputy 180
	234	+	commissioners who shall be in the unclassified service. The deputy 181
	235	+	commissioner for program services shall be a clinically competent 182
	236	+	professional person experienced in one or more fields of children's 183
	237	+	services and in the administration of such services, and shall be 184
	238	+	responsible for the supervision of all clinical treatment and program 185
	239	+	services of the department. The deputy commissioner of 186
	240	+	administrative services shall have experience in business or 187
	241	+	institutional administration and shall be responsible for the 188
	242	+	organizational and general administrative services of the department. 189
	243	+	(b) The commissioner shall appoint, after consultation with the 190
	244	+	[state advisory council] State Oversight Council on Children and 191
	245	+	Families, and may remove in like manner, not more than two program 192
	246	+	directors who shall be in the unclassified service, provided the title or 193
	247	+	duties of any director appointed pursuant to this subsection may be 194
	248	+	changed as the commissioner deems necessary after consultation with 195
	249	+	the [state advisory council] State Oversight Council on Children and 196
	250	+	Families. Such directors may oversee community programs and 197
	251	+	services and the operation of institutions and facilities. 198
	252	+	(c) The commissioner shall, in accordance with chapter 67 and after 199
	253	+	consultation with the [state advisory council] State Oversight Council 200
	254	+	on Children and Families, appoint the administrative heads of all of 201
	255	+	the institutions and facilities transferred to the department and such 202
	256	+	other institutions and facilities as now are or hereafter may be 203
	257	+	established by or transferred to the department. Such administrative 204
	258	+	heads shall have skill and experience in the administration of 205
	259	+	children's services and shall manage their institutions and facilities in 206
	260	+	accordance with the regulations and orders of the commissioner. 207
	261	+	(d) The commissioner shall, after consultation with the [state 208
	262	+	advisory council] State Oversight Council on Children and Families, 209
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	268	+	appoint and may remove in a like manner, up to six regional directors 210
	269	+	who shall be in the unclassified service. Each regional director shall 211
	270	+	have skill and experience in the field of children's services and in the 212
	271	+	administration of such services. Each regional director shall be subject 213
	272	+	to the direction of the commissioner and shall be responsible for the 214
	273	+	operation and administration of services provided or funded by the 215
	274	+	department in the regions created by the commissioner pursuant to 216
	275	+	subsection (a) of section 17a-30. 217
	276	+	Sec. 7. Subsection (a) of section 17a-32a of the general statutes is 218
	277	+	repealed and the following is substituted in lieu thereof (Effective July 219
	278	+	1, 2019): 220
	279	+	(a) The facilities that come under the jurisdiction of the Department 221
	280	+	of Children and Families, as enumerated in section 17a-32, shall submit 222
	281	+	an annual report to the State [Advisory] Oversight Council on 223
	282	+	Children and Families and to their respective advisory groups, 224
	283	+	established pursuant to subsection (b) of section 17a-6. The report shall 225
	284	+	include, but not be limited to: (1) Aggregate profiles of the residents; 226
	285	+	(2) a description of and update on major initiatives; (3) key outcome 227
	286	+	indicators and results; (4) costs associated with operating the facility; 228
	287	+	and (5) a description of educational, vocational and literacy programs, 229
	288	+	and behavioral, treatment and other services available to the residents 230
	289	+	and their outcomes. Each report submitted pursuant to this subsection 231
	290	+	shall be posted on the department's web site. 232
	291	+	Sec. 8. Section 17a-4 of the general statutes is repealed. (Effective July 233
	292	+	1, 2019) 234
131	293		This act shall take effect as follows and shall amend the following
132	294		sections:
133	295
134	296		Section 1 July 1, 2019 New section
	297	+	Sec. 2 July 1, 2019 17a-1(2)
	298	+	Sec. 3 July 1, 2019 17a-3(b)
	299	+	Sec. 4 July 1, 2019 17a-4a(e) and (f)
	300	+	Sec. 5 July 1, 2019 17a-6(l)
	301	+	Committee Bill No. 452
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	306	+	Sec. 6 July 1, 2019 17a-9
	307	+	Sec. 7 July 1, 2019 17a-32a(a)
	308	+	Sec. 8 July 1, 2019 Repealer section
	309	+
	310	+	Statement of Purpose:
	311	+	To establish a State Oversight Council on Children and Families in
	312	+	place of the State Advisory Council on Children and Families, and
	313	+	require the State Oversight Council on Children and Families to report
	314	+	annually to the joint standing committees of the General Assembly
	315	+	having cognizance of matters relating to appropriations and children.
	316	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	317	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	318	+	not underlined.]
	319	+
	320	+	Co-Sponsors: SEN. FASANO, 34th Dist.; SEN. WITKOS, 8th Dist.
	321	+	SEN. SOMERS, 18th Dist.
	322	+
	323	+	S.B. 452
	324	+
138	325