Connecticut 2019 Regular Session

Connecticut Senate Bill SB00929 Compare Versions

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7+General Assembly Substitute Bill No. 929
8+January Session, 2019
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4-Substitute Senate Bill No. 929
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6-Public Act No. 19-120
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914 AN ACT CONCERNING TH E INCLUSION OF ADDITIONAL
10-MANDATED REPORTERS, THE DURATION OF CHIL D ABUSE
11-AND NEGLECT INVESTIG ATIONS, CHILD ABUSE AND NEGLECT
12-REGISTRY CHECKS AND THE REPEAL OF CERTAI N REPORTING
13-REQUIREMENTS OF THE DEPARTMENT OF CHILDR EN AND
14-FAMILIES.
15+MANDATED REPORTERS, THE DURATION OF CHILD ABUSE AND
16+NEGLECT INVESTIGATIO NS AND THE REPEAL OF CERTAIN
17+REPORTING REQUIREMEN TS OF THE DEPARTMENT OF CHILDREN
18+AND FAMILIES.
1519 Be it enacted by the Senate and House of Representatives in General
1620 Assembly convened:
1721
18-Section 1. Subsection (b) of section 17a-101 of the general statutes is
19-repealed and the following is substituted in lieu thereof (Effective
20-October 1, 2019):
21-(b) The following persons shall be mandated reporters: (1) Any
22-physician or surgeon licensed under the provisions of chapter 370, (2)
23-any resident physician or intern in any hospital in this state, whether
24-or not so licensed, (3) any registered nurse, (4) any licensed practical
25-nurse, (5) any medical examiner, (6) any dentist, (7) any dental
26-hygienist, (8) any psychologist, (9) any school employee, as defined in
27-section 53a-65, (10) any social worker, (11) any person who holds or is
28-issued a coaching permit by the State Board of Education, is a coach of
29-intramural or interscholastic athletics and is eighteen years of age or
30-older, (12) any individual who is employed as a coach or director of
31-youth athletics and is eighteen years of age or older, (13) any
32-individual who is employed as a coach or director of a private youth Substitute Senate Bill No. 929
22+Section 1. Subsection (b) of section 17a-101 of the general statutes is 1
23+repealed and the following is substituted in lieu thereof (Effective 2
24+October 1, 2019): 3
25+(b) The following persons shall be mandated reporters: (1) Any 4
26+physician or surgeon licensed under the provisions of chapter 370, (2) 5
27+any resident physician or intern in any hospital in this state, whether 6
28+or not so licensed, (3) any registered nurse, (4) any licensed practical 7
29+nurse, (5) any medical examiner, (6) any dentist, (7) any dental 8
30+hygienist, (8) any psychologist, (9) any school employee, as defined in 9
31+section 53a-65, (10) any social worker, (11) any person who holds or is 10
32+issued a coaching permit by the State Board of Education, is a coach of 11
33+intramural or interscholastic athletics and is eighteen years of age or 12
34+older, (12) any individual who is employed as a coach or director of 13
35+youth athletics and is eighteen years of age or older, (13) any 14
36+individual who is employed as a coach or director of a private youth 15
37+sports organization, league or team and is eighteen years of age or 16
38+older, (14) any paid administrator, faculty, staff, athletic director, 17 Substitute Bill No. 929
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36-sports organization, league or team and is eighteen years of age or
37-older, (14) any paid administrator, faculty, staff, athletic director,
38-athletic coach or athletic trainer employed by a public or private
39-institution of higher education who is eighteen years of age or older,
40-excluding student employees, (15) any police officer, (16) any juvenile
41-or adult probation officer, (17) any juvenile or adult parole officer, (18)
42-any member of the clergy, (19) any pharmacist, (20) any physical
43-therapist, (21) any optometrist, (22) any chiropractor, (23) any
44-podiatrist, (24) any mental health professional, (25) any physician
45-assistant, (26) any person who is a licensed or certified emergency
46-medical services provider, (27) any person who is a licensed or
47-certified alcohol and drug counselor, (28) any person who is a licensed
48-marital and family therapist, (29) any person who is a sexual assault
49-counselor or a domestic violence counselor, as defined in section 52-
50-146k, (30) any person who is a licensed professional counselor, (31) any
51-person who is a licensed foster parent, (32) any person paid to care for
52-a child in any public or private facility, child care center, group child
53-care home or family child care home licensed by the state, (33) any
54-employee of the Department of Children and Families or any person
55-who, in the performance of such person's duties, has regular contact
56-with and provides services to or on behalf of children pursuant to a
57-contract with or credential issued by the Department of Children and
58-Families, (34) any employee of the Department of Public Health, (35)
59-any employee of the Office of Early Childhood who is responsible for
60-the licensing of child care centers, group child care homes, family child
61-care homes or youth camps, (36) any paid youth camp director or
62-assistant director, (37) the Child Advocate and any employee of the
63-Office of the Child Advocate, (38) any person who is a licensed
64-behavior analyst, [and] (39) any family relations counselor, family
65-relations counselor trainee or family services supervisor employed by
66-the Judicial Department, (40) any victim services advocate employed
67-by the Office of Victim Services within the Judicial Department, and
68-(41) any employee of a juvenile justice program operated by or Substitute Senate Bill No. 929
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45+athletic coach or athletic trainer employed by a public or private 18
46+institution of higher education who is eighteen years of age or older, 19
47+excluding student employees, (15) any police officer, (16) any juvenile 20
48+or adult probation officer, (17) any juvenile or adult parole officer, (18) 21
49+any member of the clergy, (19) any pharmacist, (20) any physical 22
50+therapist, (21) any optometrist, (22) any chiropractor, (23) any 23
51+podiatrist, (24) any mental health professional, (25) any physician 24
52+assistant, (26) any person who is a licensed or certified emergency 25
53+medical services provider, (27) any person who is a licensed or 26
54+certified alcohol and drug counselor, (28) any person who is a licensed 27
55+marital and family therapist, (29) any person who is a sexual assault 28
56+counselor or a domestic violence counselor, as defined in section 52-29
57+146k, (30) any person who is a licensed professional counselor, (31) any 30
58+person who is a licensed foster parent, (32) any person paid to care for 31
59+a child in any public or private facility, child care center, group child 32
60+care home or family child care home licensed by the state, (33) any 33
61+employee of the Department of Children and Families or any person 34
62+who, in the performance of such person's duties, has regular contact 35
63+with and provides services to or on behalf of children pursuant to a 36
64+contract with or credential issued by the Department of Children and 37
65+Families, (34) any employee of the Department of Public Health, (35) 38
66+any employee of the Office of Early Childhood who is responsible for 39
67+the licensing of child care centers, group child care homes, family child 40
68+care homes or youth camps, (36) any paid youth camp director or 41
69+assistant director, (37) the Child Advocate and any employee of the 42
70+Office of the Child Advocate, (38) any person who is a licensed 43
71+behavior analyst, [and] (39) any family relations counselor, family 44
72+relations counselor trainee or family services supervisor employed by 45
73+the Judicial Department, (40) any victim services advocate employed 46
74+by the Office of Victim Services within the Judicial Department, and 47
75+(41) any employee of a juvenile justice program operated by or 48
76+pursuant to a contract with the Court Support Services Division of the 49
77+Judicial Department. 50
78+Sec. 2. Subsection (a) of section 17a-101g of the general statutes is 51 Substitute Bill No. 929
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72-pursuant to a contract with the Court Support Services Division of the
73-Judicial Department.
74-Sec. 2. Subsection (a) of section 17a-101g of the general statutes is
75-repealed and the following is substituted in lieu thereof (Effective July
76-1, 2019):
77-(a) Upon receiving a report of child abuse or neglect, as provided in
78-sections 17a-101a to 17a-101c, inclusive, or section 17a-103, in which
79-the alleged perpetrator is (1) a person responsible for such child's
80-health, welfare or care, (2) a person given access to such child by such
81-responsible person, or (3) a person entrusted with the care of a child,
82-the Commissioner of Children and Families, or the commissioner's
83-designee, shall cause the report to be classified and evaluated
84-immediately. If the report contains sufficient information to warrant an
85-investigation, the commissioner shall make the commissioner's best
86-efforts to commence an investigation of a report concerning an
87-imminent risk of physical harm to a child or other emergency within
88-two hours of receipt of the report and shall commence an investigation
89-of all other reports within seventy-two hours of receipt of the report. A
90-report classified by the commissioner, or the commissioner's designee,
91-as lower risk may be referred for family assessment and services
92-pursuant to subsection (g) of this section. Any such report may
93-thereafter be referred for standard child protective services if safety
94-concerns for the child become evident. A report referred for standard
95-child protective services may be referred for family assessment and
96-services at any time if the department determines there is a lower risk
97-to the child. If the alleged perpetrator is a school employee, as defined
98-in section 53a-65, or is employed by an institution or facility licensed or
99-approved by the state to provide care for children, the department
100-shall notify the Department of Education or the state agency that has
101-issued such license or approval to the institution or facility of the
102-report and the commencement of an investigation by th e Substitute Senate Bill No. 929
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106-Commissioner of Children and Families. The department shall
107-complete any such investigation not later than [forty-five calendar]
108-thirty-three business days after the date of receipt of the report. If the
109-report is a report of child abuse or neglect in which the alleged
110-perpetrator is not a person specified in subdivision (1), (2) or (3) of this
111-subsection, the Commissioner of Children and Families shall refer the
112-report to the appropriate local law enforcement authority for the town
113-in which the child resides or in which the alleged abuse or neglect
114-occurred.
115-Sec. 3. Subsection (b) of section 17a-6a of the general statutes is
116-repealed and the following is substituted in lieu thereof (Effective July
117-1, 2019):
118-(b) The Commissioner of Children and Families shall require each
119-vendor or contractor of the department and each employee of such
120-vendor or contractor [who] that provides direct services to children or
121-youths in the care and custody of the department or [who] that has
122-access to the department's records to submit to state and national
123-criminal history records checks, in accordance with section 29-17a. The
124-commissioner shall [also] check the (1) state child abuse and neglect
125-registry established pursuant to section 17a-101k for the name of such
126-vendor or contractor and each employee of such vendor or contractor
127-[who] that provides direct services to children or youths in the care
128-and custody of the department or has access to records [or clients] of
129-the department, and (2) child abuse and neglect registry in any state in
130-which a vendor or contractor or employee of a vendor or contractor
131-that provides direct services to children or youths in the care and
132-custody of the department or has access to records of the department
133-has resided in the preceding five years for the name of such vendor or
134-contractor or employee. The commissioner shall comply with any
135-request to check the child abuse and neglect registry established
136-pursuant to section 17a-101k made by the child welfare agency of Substitute Senate Bill No. 929
85+repealed and the following is substituted in lieu thereof (Effective July 52
86+1, 2019): 53
87+(a) Upon receiving a report of child abuse or neglect, as provided in 54
88+sections 17a-101a to 17a-101c, inclusive, or section 17a-103, in which 55
89+the alleged perpetrator is (1) a person responsible for such child's 56
90+health, welfare or care, (2) a person given access to such child by such 57
91+responsible person, or (3) a person entrusted with the care of a child, 58
92+the Commissioner of Children and Families, or the commissioner's 59
93+designee, shall cause the report to be classified and evaluated 60
94+immediately. If the report contains sufficient information to warrant an 61
95+investigation, the commissioner shall make the commissioner's best 62
96+efforts to commence an investigation of a report concerning an 63
97+imminent risk of physical harm to a child or other emergency within 64
98+two hours of receipt of the report and shall commence an investigation 65
99+of all other reports within seventy-two hours of receipt of the report. A 66
100+report classified by the commissioner, or the commissioner's designee, 67
101+as lower risk may be referred for family assessment and services 68
102+pursuant to subsection (g) of this section. Any such report may 69
103+thereafter be referred for standard child protective services if safety 70
104+concerns for the child become evident. A report referred for standard 71
105+child protective services may be referred for family assessment and 72
106+services at any time if the department determines there is a lower risk 73
107+to the child. If the alleged perpetrator is a school employee, as defined 74
108+in section 53a-65, or is employed by an institution or facility licensed or 75
109+approved by the state to provide care for children, the department 76
110+shall notify the Department of Education or the state agency that has 77
111+issued such license or approval to the institution or facility of the 78
112+report and the commencement of an investigation by the 79
113+Commissioner of Children and Families. The department shall 80
114+complete any such investigation not later than [forty-five calendar] 81
115+thirty-three business days after the date of receipt of the report. If the 82
116+report is a report of child abuse or neglect in which the alleged 83
117+perpetrator is not a person specified in subdivision (1), (2) or (3) of this 84
118+subsection, the Commissioner of Children and Families shall refer the 85 Substitute Bill No. 929
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140-another state.
141-Sec. 4. Section 17a-114 of the general statutes is repealed and the
142-following is substituted in lieu thereof (Effective July 1, 2019):
143-(a) As used in this section, (1) "approval" or "approved" means that
144-a person has been approved to adopt or provide foster care by a child-
145-placing agency licensed pursuant to section 17a-149, (2) "licensed"
146-means a person holds a license to provide foster care issued by the
147-Department of Children and Families, (3) "fictive kin caregiver" means
148-a person who is twenty-one years of age or older and who is unrelated
149-to a child by birth, adoption or marriage but who has an emotionally
150-significant relationship with such child or such child's family
151-amounting to a familial relationship, and (4) "regular unsupervised
152-access" means periodic interaction with a child in the home for
153-purposes of unsupervised child care, medical or other services to the
154-child.
155-(b) (1) No child in the custody of the Commissioner of Children and
156-Families shall be placed in foster care with any person, unless (A) (i)
157-such person is licensed for that purpose by the department or the
158-Department of Developmental Services pursuant to the provisions of
159-section 17a-227, or (ii) such person's home is approved by a child
160-placing agency licensed by the commissioner pursuant to section 17a-
161-149, or (iii) such person has received approval as provided in this
162-section, and (B) on and after January 1, 2017, for a child twelve years of
163-age or older, such child has received a foster family profile in
164-accordance with the provisions of section 17a-114e. Any person
165-licensed by the department may be a prospective adoptive parent. The
166-commissioner shall adopt regulations, in accordance with the
167-provisions of chapter 54, to establish the licensing procedures and
168-standards.
169-(2) The commissioner shall require each applicant for licensure or Substitute Senate Bill No. 929
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125+report to the appropriate local law enforcement authority for the town 86
126+in which the child resides or in which the alleged abuse or neglect 87
127+occurred. 88
128+Sec. 3. Section 18-87j of the general statutes is repealed and the 89
129+following is substituted in lieu thereof (Effective from passage): 90
130+There is established a Criminal Justice Policy Advisory Commission 91
131+which shall be within the Office of Policy and Management for 92
132+administrative purposes only. The commission shall consist of the 93
133+undersecretary of the Criminal Justice Policy and Planning Division 94
134+within the Office of Policy and Management, the Chief Court 95
135+Administrator, the Commissioner of Correction, the Commissioner of 96
136+Emergency Services and Public Protection, the Chief State's Attorney, 97
137+the Chief Public Defender, the Commissioner of Mental Health and 98
138+Addiction Services and the chairperson of the Board of Pardons and 99
139+Paroles, or their designees, the executive director of the Court Support 100
140+Services Division or other designee of the Chief Court Administrator 101
141+and the following members, each of whom shall be appointed by the 102
142+Governor: Three government officials, a police chief, three persons 103
143+representing offender and victim services within the private 104
144+community and two public members. In addition, the Labor 105
145+Commissioner and the Commissioner of Social Services, or their 106
146+designees, shall be members of the commission with authority to 107
147+deliberate and vote on matters concerning employment and 108
148+entitlement programs available to adult and juvenile offenders who 109
149+are reentering the community, the [Commissioner of Children and 110
150+Families and the] Commissioner of Education, or [their designees] the 111
151+commissioner's designee, shall be [members] a member of the 112
152+commission with authority to participate and vote on matters 113
153+concerning juvenile justice and the Commissioner of Veterans Affairs, 114
154+or [his or her] the commissioner's designee, shall be a member of the 115
155+commission with authority to deliberate and vote on matters 116
156+concerning veterans within the criminal justice system including the 117
157+reentry needs of incarcerated veterans. The undersecretary of the 118 Substitute Bill No. 929
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173-approval pursuant to this section and any person sixteen years of age
174-or older living in the household of such applicant to submit to state
175-and national criminal history records checks prior to issuing a license
176-or approval to such applicant to accept placement of a child for
177-purposes of foster care or adoption. Such criminal history records
178-checks shall be conducted in accordance with section 29-17a. The
179-commissioner shall [also] check the (A) state child abuse and neglect
180-registry established pursuant to section 17a-101k for the name of such
181-applicant and for the name of any person sixteen years of age or older
182-living in the household of such applicant, and (B) child abuse and
183-neglect registry in any state in which such applicant or person resided
184-in the preceding five years for the name of such applicant or person.
185-(3) The commissioner shall require each individual licensed or
186-approved pursuant to this section and any person sixteen years of age
187-or older living in the household of such individual to submit to state
188-and national criminal history records checks prior to renewing a
189-license or approval for any individual providing foster care or
190-adopting. Such criminal history records checks shall be conducted in
191-accordance with section 29-17a. [The] Prior to such renewal, the
192-commissioner shall [also] check the (A) state child abuse and neglect
193-registry established pursuant to section 17a-101k for the name of such
194-applicant and for the name of any person sixteen years of age or older
195-living in the household of such applicant, [prior to such renewal] and
196-(B) child abuse and neglect registry in any state in which such
197-applicant or person resided in the preceding five years for the name of
198-such applicant or person.
199-(4) The commissioner shall comply with any request to check the
200-child abuse and neglect registry established pursuant to section 17a-
201-101k made by the child welfare agency of another state.
202-(c) Notwithstanding the requirements of subsection (b) of this
203-section, the commissioner may place a child with a relative or fictive Substitute Senate Bill No. 929
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207-kin caregiver who has not been issued a license or approval, when
208-such placement is in the best interests of the child, provided a
209-satisfactory home visit is conducted, a basic assessment of the family is
210-completed and such relative or fictive kin caregiver attests that such
211-relative or fictive kin caregiver and any adult living within the
212-household has not been convicted of a crime or arrested for a felony
213-against a person, for injury or risk of injury to or impairing the morals
214-of a child, or for the possession, use or sale of a controlled substance.
215-Any such relative or fictive kin caregiver who accepts placement of a
216-child shall be subject to licensure by the commissioner, pursuant to
217-regulations adopted by the commissioner in accordance with the
218-provisions of chapter 54 to implement the provisions of this section or
219-approval by a child-placing agency licensed pursuant to section 17a-
220-149. The commissioner may grant a waiver from such regulations,
221-including any standard regarding separate bedrooms or room-sharing
222-arrangements, for a child placed with a relative or fictive kin caregiver,
223-on a case-by-case basis, if such placement is otherwise in the best
224-interests of such child, provided no procedure or standard that is
225-safety-related may be so waived. The commissioner shall document, in
226-writing, the reason for granting any waiver from such regulations.
227-(d) Any individual who has been licensed or approved to adopt or
228-provide foster care and any relative or fictive kin caregiver shall apply
229-a reasonable and prudent parent standard, as defined in subsection (a)
230-of section 17a-114d, on behalf of the child.
231-Sec. 5. Subsection (a) of section 17a-151 of the general statutes is
232-repealed and the following is substituted in lieu thereof (Effective July
233-1, 2019):
234-(a) The Commissioner of Children and Families shall investigate the
235-conditions stated in each application made under the provisions of
236-sections 17a-145 and 17a-149 and shall require any person identified on
237-the application under said sections and any individual eighteen years Substitute Senate Bill No. 929
164+Criminal Justice Policy and Planning Division shall serve as 119
165+chairperson of the commission. The commission shall meet at such 120
166+times as it deems necessary. 121
167+Sec. 4. Sections 17a-62 and 17a-103c of the general statutes are 122
168+repealed. (Effective July 1, 2019) 123
169+This act shall take effect as follows and shall amend the following
170+sections:
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172+Section 1 October 1, 2019 17a-101(b)
173+Sec. 2 July 1, 2019 17a-101g(a)
174+Sec. 3 from passage 18-87j
175+Sec. 4 July 1, 2019 Repealer section
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241-of age or older who is employed by a child care facility licensed
242-pursuant to section 17a-145 to submit to (1) state and national criminal
243-history records checks, (2) a check of the state child abuse and neglect
244-registry established pursuant to section 17a-101k, and (3) a check of the
245-child abuse and neglect registry in any state in which such person or
246-individual resided in the preceding five years. The commissioner shall
247-comply with any request to check the child abuse and neglect registry
248-established pursuant to section 17a-101k made by the child welfare
249-agency of another state. The commissioner shall investigate the
250-conditions in each application under the provisions of sections 17a-145
251-and 17a-149 and, if the commissioner finds such conditions suitable for
252-the proper care of children, or for the placing out of children, under
253-such standards for the promotion of the health, safety, morality and
254-well-being of such children as the commissioner prescribes, shall issue
255-such license as is required as promptly as possible, without expense to
256-the licensee. If, after such investigation, the commissioner finds that
257-the applicant, notwithstanding good faith efforts, is not able to fully
258-comply with all the requirements the commissioner prescribes, but
259-compliance can be achieved with minimal efforts, the commissioner
260-may issue a provisional license for a period not to exceed sixty days.
261-The provisional license may be renewed for additional sixty-day
262-periods, but in no event shall the total of such periods be for longer
263-than one year. Before issuing any license, the commissioner shall give
264-to the selectmen of the town wherein such licensee proposes to carry
265-on the licensed activity ten days' notice in writing that the issuance of
266-such license is proposed, but such notice shall not be required in case
267-of intention to issue such license to any corporation incorporated for
268-the purpose of caring for or placing such children. Each license so
269-issued shall specify whether it is granted for child-caring or child-
270-placing purposes, shall state the number of children who may be cared
271-for, shall be in force twenty-four months from date of issue, and shall
272-be renewed for the ensuing twenty-four months, if conditions continue
273-to be satisfactory to the commissioner. The commissioner shall [also] Substitute Senate Bill No. 929
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277-provide such periodical inspections and review as shall safeguard the
278-well-being, health and morality of all children cared for or placed
279-under a license issued by the commissioner under this section and
280-shall visit and consult with each such child and with the licensee as
281-often as the commissioner deems necessary but at intervals of not more
282-than ninety days. Each licensee under the provisions of this section
283-shall file annually with the commissioner a report containing such
284-information concerning its functions, services and operation, including
285-financial data, as the commissioner requires. Any license issued under
286-this section may be revoked, suspended or limited by the
287-commissioner for cause, after notice given to the person or entity
288-concerned and after opportunity for a hearing thereon. Any party
289-whose application is denied or whose license is revoked, suspended or
290-limited by the commissioner may appeal from such adverse decision in
291-accordance with the provisions of section 4-183. Appeals under this
292-section shall be privileged in respect to the order of trial assignment.
293-Sec. 6. Sections 17a-62 and 17a-103c of the general statutes are
294-repealed. (Effective July 1, 2019)
177+KID Joint Favorable Subst.
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