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the general statutes is repealed and the following is substituted in lieu 2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repealed and the following is substituted in lieu thereof (Effective July 1, 11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