Connecticut 2020 Regular Session

Connecticut Senate Bill SB00093 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3
4	4	LCO No. 1208 1 of 9
5	5
6	6	General Assembly Raised Bill No. 93
7	7	February Session, 2020
8	8	LCO No. 1208
9	9
10	10
11	11	Referred to Committee on COMMITTEE ON CHILDREN
12	12
13	13
14	14	Introduced by:
15	15	(KID)
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19	19
20	20	AN ACT CONCERNING MI NOR CHANGES TO THE S TATUTES OF
21	21	THE DEPARTMENT OF CH ILDREN AND FAMILIES.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Subsection (f) of section 46b-127 of the 2020 supplement to 1
26	26	the general statutes is repealed and the following is substituted in lieu 2
27	27	thereof (Effective July 1, 2020): 3
28	28	(f) The transfer of a child to a Department of Correction facility shall 4
29	29	be limited as provided in subsection (e) of this section and said 5
30	30	subsection shall not be construed to permit the transfer of or otherwise 6
31	31	reduce or eliminate any other population of juveniles in detention or 7
32	32	confinement within the Judicial Department. [or the Department of 8
33	33	Children and Families.] 9
34	34	Sec. 2. Subsection (b) of section 17a-3 of the general statutes is 10
35	35	repealed and the following is substituted in lieu thereof (Effective July 1, 11
36	36	2020): 12
37	37	(b) [(1) The department, with the assistance of the State Advisory 13
38	38	Council on Children and Families, and in consultation with 14 Raised Bill No. 93
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40	40
41	41
42	42	LCO No. 1208 2 of 9
43	43
44	44	representatives of the children and families served by the department, 15
45	45	providers of services to children and families, advocates, and others 16
46	46	interested in the well-being of children and families in this state, shall 17
47	47	develop and regularly update a single, comprehensive strategic plan for 18
48	48	meeting the needs of children and families served by the department. In 19
49	49	developing and updating the strategic plan, the department shall 20
50	50	identify and define agency goals and indicators of progress, including 21
51	51	benchmarks, in achieving such goals. The strategic plan shall include, 22
52	52	but not be limited to: (A) The department's mission statement; (B) the 23
53	53	expected results for the department and each of its mandated areas of 24
54	54	responsibility; (C) a schedule of action steps and a time frame for 25
55	55	achieving such results and fulfilling the department's mission that 26
56	56	includes strategies for working with other state agencies to leverage 27
57	57	resources and coordinate service delivery; (D) strategies, informed by 28
58	58	data on referrals, substantiations, removal, placements and retention, by 29
59	59	which the department shall identify racial and ethnic disparities within 30
60	60	child welfare practice and work to eliminate such disparities; (E) 31
61	61	priorities for services and estimates of the funding and other resources 32
62	62	necessary to carry them out; (F) standards for programs and services 33
63	63	that are based on research-based best practices, when available; and (G) 34
64	64	relevant measures of performance. 35
65	65	(2) The department shall begin the strategic planning process on July 36
66	66	1, 2009. The department shall hold regional meetings on the plan to 37
67	67	ensure public input and shall post the plan and the plan's updates and 38
68	68	progress reports on the department's web site. The department shall 39
69	69	submit the strategic plan to the State Advisory Council on Children and 40
70	70	Families for review and comment prior to its final submission to the 41
71	71	General Assembly and the Governor. On or before July 1, 2010, the 42
72	72	department shall submit the strategic plan, in accordance with section 43
73	73	11-4a, to the General Assembly and the Governor. 44
74	74	(3) The commissioner shall track and report on progress in achieving 45
75	75	the strategic plan's goals not later than October 1, 2010, and quarterly 46
76	76	thereafter, to said State Advisory Council. The commissioner shall 47
77	77	submit a status report on progress in achieving the results in the 48 Raised Bill No. 93
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80	80
81	81	LCO No. 1208 3 of 9
82	82
83	83	strategic plan, in accordance with section 11-4a, not later than July 1, 49
84	84	2011, and annually thereafter to the General Assembly, the joint 50
85	85	standing committee of the General Assembly having cognizance of 51
86	86	matters relating to children and the Governor.] Not later than July 1, 52
87	87	2020, the Commissioner of Children and Families shall submit, in 53
88	88	accordance with the provisions of section 11-4a, to the joint standing 54
89	89	committees of the General Assembly having cognizance of matters 55
90	90	relating to children and appropriations and to the State Advisory 56
91	91	Council for Children and Families the following reports that the 57
92	92	commissioner most recently submitted to the Administration for 58
93	93	Children and Families pursuant to federal law: (1) The Child and Family 59
94	94	Services Plan, (2) the Annual Progress and Services Report, (3) the Final 60
95	95	Report of the Child and Family Services Review, and (4) any Program 61
96	96	Improvement Plan. Thereafter, the commissioner shall submit, in 62
97	97	accordance with the provisions of section 11-4a, to the joint standing 63
98	98	committees of the General Assembly having cognizance of matters 64
99	99	relating to children and appropriations and to the State Advisory 65
100	100	Council for Children and Families said reports not later than thirty days 66
101	101	after submission to the Administration for Children and Families. 67
102	102	Sec. 3. Subsection (c) of section 17a-4 of the general statutes is 68
103	103	repealed and the following is substituted in lieu thereof (Effective July 1, 69
104	104	2020): 70
105	105	(c) The duties of the council shall be to: (1) Recommend to the 71
106	106	commissioner programs, legislation or other matters which will 72
107	107	improve services for children and youths, including behavioral health 73
108	108	services; (2) annually review and advise the commissioner regarding the 74
109	109	proposed budget; (3) interpret to the community at large the policies, 75
110	110	duties and programs of the department; (4) issue any reports it deems 76
111	111	necessary to the Governor and the Commissioner of Children and 77
112	112	Families; (5) [assist in the development of and] review and comment on 78
113	113	the [strategic plan developed by the department pursuant to] reports 79
114	114	described in subsection (b) of section 17a-3, as amended by this act; (6) 80
115	115	[receive on a quarterly basis from the commissioner a status report on 81
116	116	the department's progress in carrying out the strategic plan; (7)] 82 Raised Bill No. 93
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118	118
119	119
120	120	LCO No. 1208 4 of 9
121	121
122	122	independently monitor the department's progress in achieving its goals 83
123	123	as expressed in [the strategic plan] such reports; and (8) offer assistance 84
124	124	and provide an outside perspective to the department so that it may be 85
125	125	able to achieve the goals expressed in [the strategic plan] such reports. 86
126	126	Sec. 4. Section 17a-22bb of the general statutes is repealed and the 87
127	127	following is substituted in lieu thereof (Effective from passage): 88
128	128	(a) [(1)] The Commissioner of Children and Families, in consultation 89
129	129	with representatives of the children and families served by the 90
130	130	department, including children at increased risk of involvement with 91
131	131	the juvenile justice system, providers of mental, emotional or behavioral 92
132	132	health services for such children and families, advocates, and others 93
133	133	interested in the well-being of children and families in this state, shall 94
134	134	develop a comprehensive implementation plan, across agency and 95
135	135	policy areas, for meeting the mental, emotional and behavioral health 96
136	136	needs of all children in the state, and preventing or reducing the long-97
137	137	term negative impact of mental, emotional and behavioral health issues 98
138	138	on children. In developing the implementation plan, the department 99
139	139	shall include, at a minimum, the following strategies to prevent or 100
140	140	reduce the long-term negative impact of mental, emotional and 101
141	141	behavioral health issues on children: 102
142	142	[(A)] (1) Employing prevention-focused techniques, with an 103
143	143	emphasis on early identification and intervention; 104
144	144	[(B)] (2) Ensuring access to developmentally-appropriate services; 105
145	145	[(C)] (3) Offering comprehensive care within a continuum of services; 106
146	146	[(D)] (4) Engaging communities, families and youths in the planning, 107
147	147	delivery and evaluation of mental, emotional and behavioral health care 108
148	148	services; 109
149	149	[(E)] (5) Being sensitive to diversity by reflecting awareness of race, 110
150	150	culture, religion, language and ability; 111
151	151	[(F)] (6) Establishing results-based accountability measures to track 112 Raised Bill No. 93
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154	154
155	155	LCO No. 1208 5 of 9
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157	157	progress towards the goals and objectives outlined in this section, 113
158	158	sections 17a-22cc, 17a-22dd and 17a-248h and section 7 of public act 13-114
159	159	178; 115
160	160	[(G)] (7) Applying data-informed quality assurance strategies to 116
161	161	address mental, emotional and behavioral health issues in children; 117
162	162	[(H)] (8) Improving the integration of school and community-based 118
163	163	mental health services; 119
164	164	[(I)] (9) Enhancing early interventions, consumer input and public 120
165	165	information and accountability by [(i)] (A) in collaboration with the 121
166	166	Department of Public Health, increasing family and youth engagement 122
167	167	in medical homes; [(ii)] (B) in collaboration with the Department of 123
168	168	Social Services, increasing awareness of the 2-1-1 Infoline program; and 124
169	169	[(iii)] (C) in collaboration with each program that addresses the mental, 125
170	170	emotional or behavioral health of children within the state, insofar as 126
171	171	they receive public funds from the state, increasing the collection of data 127
172	172	on the results of each program, including information on issues related 128
173	173	to response times for treatment, provider availability and access to 129
174	174	treatment options; and 130
175	175	[(J)] (10) Identifying and addressing any increased risk of 131
176	176	involvement in the juvenile and criminal justice system attributable to 132
177	177	unmet mental, emotional and behavioral health needs of children. 133
178	178	[(2) Not later than April 15, 2014, the commissioner shall submit and 134
179	179	present a status report on the progress of the implementation plan, in 135
180	180	accordance with section 11-4a, to the Governor and the joint standing 136
181	181	committees of the General Assembly having cognizance of matters 137
182	182	relating to children and appropriations. 138
183	183	(3) On or before October 1, 2014, the commissioner shall submit and 139
184	184	present the implementation plan, in accordance with section 11-4a, to 140
185	185	the Governor and the joint standing committees of the General 141
186	186	Assembly having cognizance of matters relating to children and 142
187	187	appropriations. 143 Raised Bill No. 93
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190	190
191	191	LCO No. 1208 6 of 9
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193	193	(4) On or before October 1, 2015, and biennially thereafter through 144
194	194	and including 2019, the department shall, in collaboration with the 145
195	195	Department of Education, Department of Social Services, Department of 146
196	196	Developmental Services, Office of Early Childhood, Department of 147
197	197	Public Health and Court Support Services Division of the Judicial 148
198	198	Branch, submit and present progress reports on the status of 149
199	199	implementation, and any data-driven recommendations to alter or 150
200	200	augment the implementation in accordance with section 11-4a, to the 151
201	201	Governor and the joint standing committees of the General Assembly 152
202	202	having cognizance of matters relating to children and appropriations.] 153
203	203	(b) Emergency mobile psychiatric service providers shall collaborate 154
204	204	with community-based mental health care agencies, school-based health 155
205	205	centers and the contracting authority for each local or regional board of 156
206	206	education throughout the state, utilizing a variety of methods, 157
207	207	including, but not limited to, memoranda of understanding, policy and 158
208	208	protocols regarding referrals and outreach and liaison between the 159
209	209	respective entities. These methods shall be designed to (1) improve 160
210	210	coordination and communication in order to enable such entities to 161
211	211	promptly identify and refer children with mental, emotional or 162
212	212	behavioral health issues to the appropriate treatment program, and (2) 163
213	213	plan for any appropriate follow-up with the child and family. 164
214	214	(c) Local law enforcement agencies and local and regional boards of 165
215	215	education that employ or engage school resource officers shall, 166
216	216	provided federal funds are available, train school resource officers in 167
217	217	nationally recognized best practices to prevent students with mental 168
218	218	health issues from being victimized or disproportionately referred to the 169
219	219	juvenile justice system as a result of their mental health issues. 170
220	220	(d) The Department of Children and Families, in collaboration with 171
221	221	agencies that provide training for mental health care providers in urban, 172
222	222	suburban and rural areas, shall provide phased-in, ongoing training for 173
223	223	mental health care providers in evidence-based and trauma-informed 174
224	224	interventions and practices. 175 Raised Bill No. 93
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228	228	LCO No. 1208 7 of 9
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230	230	(e) The state shall seek existing public or private reimbursement for 176
231	231	(1) mental, emotional and behavioral health care services delivered in 177
232	232	the home and in elementary and secondary schools, and (2) mental, 178
233	233	emotional and behavioral health care services offered through the 179
234	234	Department of Social Services pursuant to the federal Early and Periodic 180
235	235	Screening, Diagnosis and Treatment Program under 42 USC 1396d. 181
236	236	[(f) On or before October 1, 2017, the Department of Children and 182
237	237	Families, in collaboration with the Judicial Branch and the Department 183
238	238	of Correction, shall submit a plan to prevent or reduce the negative 184
239	239	impact of mental, emotional and behavioral health issues on children 185
240	240	and youth twenty years of age or younger who are held in secure 186
241	241	detention or correctional confinement, in accordance with section 11-4a, 187
242	242	to the Governor and the joint standing committees of the General 188
243	243	Assembly having cognizance of matters relating to children and 189
244	244	appropriations.] 190
245	245	[(g)] (f) On or before October 1, 2017, and annually thereafter, the 191
246	246	Commissioner of Correction shall compile records regarding the 192
247	247	frequency and use of physical restraint and seclusion, as defined in 193
248	248	section 46a-150, on children and youth twenty years of age or younger 194
249	249	who are in the custody of the commissioner at the John R. Manson Youth 195
250	250	Institution, Cheshire, and shall submit a report summarizing such 196
251	251	records, in accordance with the provisions of section 11-4a, to the joint 197
252	252	standing committee of the General Assembly having cognizance of 198
253	253	matters relating to children. Such report shall address the prior year and 199
254	254	shall indicate, at a minimum, the frequency that (1) physical restraint 200
255	255	was used as (A) an emergency intervention, and (B) a nonemergency 201
256	256	intervention, and (2) restricted housing or other types of administrative 202
257	257	segregation or seclusion were used at such facility. 203
258	258	[(h) On or before October 1, 2018, the Department of Children and 204
259	259	Families, in collaboration with the Children's Mental, Emotional and 205
260	260	Behavioral Health Plan Implementation Advisory Board, established 206
261	261	pursuant to section 17a-22f, shall submit recommendations for 207
262	262	addressing any unmet mental, emotional and behavioral health needs 208 Raised Bill No. 93
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265	265
266	266	LCO No. 1208 8 of 9
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268	268	of children that are attributed to an increased risk of involvement in the 209
269	269	juvenile and criminal justice systems, in accordance with section 11-4a, 210
270	270	to the Governor and the joint standing committees of the General 211
271	271	Assembly having cognizance of matters relating to children and 212
272	272	appropriations.] 213
273	273	Sec. 5. Subparagraph (B) of subdivision (1) of subsection (k) of section 214
274	274	46b-129 of the general statutes is repealed and the following is 215
275	275	substituted in lieu thereof (Effective from passage): 216
276	276	(B) (i) If a child is at least twelve years of age, the child's permanency 217
277	277	plan, and any revision to such plan, shall be developed in consultation 218
278	278	with the child. In developing or revising such plan, the child may 219
279	279	consult up to two individuals participating in the department's case 220
280	280	plan regarding such child, neither of whom shall be the foster parent or 221
281	281	caseworker of such child. One individual so selected by such child may 222
282	282	be designated as the child's advisor for purposes of developing or 223
283	283	revising the permanency plan. Regardless of the child's age, the 224
284	284	commissioner shall provide not less than five days' advance written 225
285	285	notice of any permanency team meeting concerning the child's 226
286	286	permanency plan to an attorney or guardian ad litem appointed to 227
287	287	represent the child pursuant to subsection (c) of this section. 228
288	288	(ii) If a child is at least twelve years of age, the commissioner shall 229
289	289	notify the parent or guardian, foster parent and child of any 230
290	290	administrative case review regarding such child's commitment not less 231
291	291	than five days prior to such review and shall make a reasonable effort 232
292	292	to schedule such review at a time and location that allows the parent or 233
293	293	guardian, foster parent and child to attend. 234
294	294	(iii) If a child is at least twelve years of age, such child shall, whenever 235
295	295	possible, identify not more than three adults with whom such child has 236
296	296	a significant relationship and who may serve as a permanency resource. 237
297	297	The identity of such adults shall be recorded in the case plan of such 238
298	298	child. 239
299	299	[(iv) Not later than January 1, 2016, and annually thereafter, the 240 Raised Bill No. 93
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301	301
302	302
303	303	LCO No. 1208 9 of 9
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305	305	commissioner shall submit a report, in accordance with the provisions 241
306	306	of section 11-4a, to the joint standing committees of the General 242
307	307	Assembly having cognizance of matters relating to children and the 243
308	308	judiciary, on the number of case plans in which children have identified 244
309	309	adults with whom they have a significant relationship and who may 245
310	310	serve as a permanency resource.] 246
311	311	Sec. 6. Section 17a-63 of the general statutes is repealed. (Effective from 247
312	312	passage) 248
313	313	This act shall take effect as follows and shall amend the following
314	314	sections:
315	315
316	316	Section 1 July 1, 2020 46b-127(f)
317	317	Sec. 2 July 1, 2020 17a-3(b)
318	318	Sec. 3 July 1, 2020 17a-4(c)
319	319	Sec. 4 from passage 17a-22bb
320	320	Sec. 5 from passage 46b-129(k)(1)(B)
321	321	Sec. 6 from passage Repealer section
322	322
323	323	Statement of Purpose:
324	324	To make minor revisions to the statutes of the Department of Children
325	325	and Families and to consolidate the reporting requirements of the
326	326	department.
327	327	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
328	328	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
329	329	underlined.]
330	330