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OLR Bill Analysis
sSB 872
AN ACT CONCERNING THE DEPARTMENT OF CHILDREN AND
FAMILIES' RECOMMENDATIONS FOR REVISIONS TO THE
STATUTES CONCERNING CHILDREN.
SUMMARY
This bill makes various changes to the laws governing the
Department of Children and Families (DCF). It:
1. removes an obsolete reference to DCF (§ 1);
2. eliminates a comprehensive strategic planning requirement and
instead requires the department to submit certain federally
required reports to the legislature (§§ 2-3);
3. eliminates a requirement that DCF, in collaboration with other
agencies, biennially submit a progress report on the
implementation of the Connecticut Children's Behavioral Health
Plan and any data -driven recommendations to the
Appropriations and Children’s committees (see
BACKGROUND) (§ 4);
4. repeals obsolete language regarding one-time reporting
mandates that have been met (§ 4);
5. repeals a provision requiring DCF to report on the number of
cases in which a child identifies an adult with a significant
relationship with the child as a permanency resource when
developing or revising a permanency plan (§ 5);
6. requires DCF to establish standards for qualified residential
treatment programs (QRTPs) (see BACKGROUND) (§§ 6-8);
7. adds a licensed health care professional to the membership of
the State Advisory Council (SAC) on Children and Families (§ 2021SB-00872-R000184-BA.DOCX
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9);
8. repeals a reporting requirement on administrative case reviews
(§ 10); and
9. makes other technical and conforming changes.
EFFECTIVE DATE: Upon passage, except the provisions removing
obsolete DCF references and eliminating the comprehensive plan
requirements are effective July 1, 2021, and the provision adding a
member to the SAC on Children and Families is effective October 1,
2021.
§§ 2-3 — DCF STRATEGIC PLAN R EPORTING REQUIREMENTS
The bill repeals provisions requiring DCF to develop and regularly
update a single, comprehensive strategic plan and report to the
legislature on updates to the plan. Current law requires DCF to (1)
develop and update the plan with assistance from the State Council on
Children and Families and in consultation with representatives of
children and families served by the department and advocates, and
other interested parties; (2) post the plan and updates on its website;
and (3) hold regional meetings on the plan to ensure public input. The
bill instead requires DCF to submit reports required under federal law
by the Administration for Children and Families in order to receive
federal funding. Under the bill, these reports include (1) the Child and
Family Services Plan, (2) the Annual Progress and Services Report, (3)
the Final Report of the Child and Family Services Review, and (4) any
Program Improvement Plan. It requires the State Council on Children
and Families to review and comment on these reports, rather than on
the strategic plan.
Under current law, DCF must submit the strategic plan and updates
to the governor and legislature. The bill instead requires DCF to
submit the reports described above to the Children's and
Appropriations committees and the State Advisory Council for
Children and Families no more than 30 days after the Administration
for Children and Families (ACF) approves them. 2021SB-00872-R000184-BA.DOCX
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§5 — PERMANENCY REPORT
State and federal laws require DCF to establish and periodically
revise permanency plans for children in its care or custody (e.g.,
abused or neglected children). DCF defines “permanency” as, among
other things, having an enduring family relationship that ensures
lifelong connections to extended family, siblings, and other significant
adults, as well as family history and traditions, race and ethnic
heritage, culture, religion, and language.
The bill repeals a provision requiring DCF to annually report to the
Children’s and Judiciary committees on the number of cases in which a
child has identified an adult with a significant relationship with the
child as a permanency resource when developing or revising the
permanency plan.
§§ 6-8 — QUALIFIED RESIDENTIAL TREATMENT PROGRAMS
Adoption of QRTP Protocol
The bill requires the DCF commissioner to adopt regulations and
establish standards for QRTPs and qualified individuals (see
BACKGROUND). Under the bill, standards include (1) staffing at
QRTPs, (2) the care and treatment of children cared for or boarded in
QRTPs, (3) training and qualifications required for a qualified
individual, and (4) documentation requirements.
The bill does not establish a deadline for the commissioner to
establish QRTP standards. The bill allows the DCF commissioner to
implement policies and procedures consistent with these provisions
while in the process of adopting regulations, provided she publishes
notice of intention to adopt regulations on the eRegulations System no
more than 20 days after implementing the policies and procedures.
QRTP Court Review and Determination Process
The bill also requires any child in DCF custody who is placed in a
QRTP, by July 1, 2021, or upon ACF approval of the DCF developed
Connecticut Family First Prevention Plan, whichever is first, to be
assessed no later than 30 days after the child's placement by a qualified
individual. The qualified individual must: 2021SB-00872-R000184-BA.DOCX
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1. assess the child’s strengths using an age-appropriate, evidence-
based, validated, functional assessment tool approved by the
Secretary of Health and Human Services;
2. determine whether the child’s needs can be met by family
members (see BACKGROUND) or through placement in a
foster family, and if the needs cannot be met, identify a setting
that would provide the most effective and appropriate level of
care for the child in the least restrictive environment and be
consistent with the child's permanency plan goals; and
3. develop a list of child-specific short-term and long-term mental
and behavioral health goals.
The bill requires the qualified individual to work with the child's
family permanency team while doing the assessment.
Under the bill, if the qualified individual determines that a child
should not be placed with family members or in a foster family, he or
she must provide a written explanation specifying why the child's
needs cannot be met by their family or in a foster family. Under the
bill, shortage or lack of available foster families is not an acceptable
reason for this determination. If the qualified individual recommends
that a child should be placed in a QRTP, he or she must specify in
writing (1) why this placement will provide the child with the most
effective and appropriate level of care in the least restrictive
environment and (2) how the placement is consistent with the child's
permanency plan goals. The qualified individual must submit this
assessment to the DCF commissioner.
The bill also requires the DCF commissioner, by July 1, 2021, or
upon ACF approval of DCF’s Connecticut Family First Prevention
Plan, whichever is first, to file a motion to review the qualified
individual's assessment with the Superior Court that has venue over
the assessment within 35 days of the child's placement in a QRTP,
provided the child has not been discharged. The court must, within 15
days, (1) review the assessment findings and determination made
upon the child's initial placement in a QRTP, and (2) determine
whether the child’s needs can be met through placement with a foster 2021SB-00872-R000184-BA.DOCX
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family. If the child's needs cannot be met through a foster family
placement, the court must determine whether a QRTP (1) provides the
most effective and appropriate level of care for the child in the least
restrictive environment and (2) is consistent with the child's
permanency plan goals. The bill states that the purpose of this
determination is only to allow DCF to receive federal reimbursement
for the child's care.
Additionally, the bill requires DCF to submit evidence to the court
at any hearing held regarding a child that remains placed in a QRTP
demonstrating: (1) ongoing assessment of the child’s strengths and
needs continues to support the determination that the child’s needs
cannot be met through placement in a foster family; (2) placement in
the QRTP provides the most effective and appropriate level of care for
the child in the least restrictive environment; and (3) the placement is
consistent with the goals specified in the child's permanency plan.
The bill also requires DCF to submit evidence documenting (1) the
child’s specific treatment or service needs that will be met in the
placement and the length of time the child is expected to require the
treatment or services, and (2) efforts made by DCF to prepare the child
to return home or to be placed with a family member, legal guardian,
adoptive parent, or in a foster family.
§9 — STATE ADVISORY COUNC IL ON CHILDREN AND FAMILIES
By law, the State Advisory Council on Children and Families makes
recommendations to DCF about programs, legislation, and other
matters to improve services, among other things. The bill adds a
licensed health care professional with expertise in children’s health to
the State Advisory Council on Children and Families, bringing the
total membership to 20 members.
§10 — ADMINISTRATIVE CASE REVIEWS
Current law requires DCF to submit, within available
appropriations, an annual report to the Children's Committee on:
1. the results of Connecticut’s comprehensive objective reviews 2021SB-00872-R000184-BA.DOCX
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(internal qualitative reviews), including any recommendations
contained in the reviews and any steps DCF has taken to
implement them;
2. aggregate data from each administrative case review, including
any information on the strengths and deficiencies of its case
review process; and
3. steps DCF is taking to address department-wide deficiencies.
The bill eliminates this reporting requirement.
BACKGROUND
Connecticut Children's Behavioral Plan
PA 13-178 required DCF to, among other things, develop a plan to
meet children's mental, emotional, and behavioral health needs. The
plan must include strategies to prevent or reduce the long-term
negative impact of mental, emotional, and behavioral health issues on
children, including (1) employing prevention-focused techniques that
emphasize early identification and intervention and (2) ensuring access
to developmentally appropriate services.
DEFINITIONS
Family or Family Member
The law defines "family" or "family member" as a person related to a
child by birth, marriage, or other legal means, or a fictive kin caregiver.
Current law defines a fictive kin caregiver as a person who is age 21 or
older and unrelated to a child by birth, adoption, or marriage but who
has an emotionally significant relation with the child amounting to a
familial relationship (CGS § 17a-114).
Qualified Individual
Federal law defines a "qualified individual" as a trained professional
or licensed clinician who is not a state employee, or who is not
connected to or affiliated with any setting in which children are placed
by the state (42 U.S.C. 675a(c)(1)).
Qualified Residential Treatment Programs 2021SB-00872-R000184-BA.DOCX
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Under federal law, a QRTP is a program that:
1. has a trauma-informed treatment model designed to address
the needs, including clinical needs as appropriate, of children
with serious emotional or behavioral disorders or disturbances;
2. has registered or licensed nursing staff and other licensed
clinical staff available 24 hours per day and seven days per
week;
3. facilitates family member participation in the child’s treatment
program, to the extent appropriate;
4. facilitates and documents outreach to the child’s family
members and maintains family contact information;
5. documents how family members are integrated into the child’s
treatment process, including post-discharge, and how sibling
connections are maintained;
6. provides discharge planning and family-based aftercare support
for at least six months after discharge; and
7. is accredited by one of the independent, not -for-profit
organizations listed under federal law (42 U.S.C. 672(k)(4)).
COMMITTEE ACTION
Committee on Children
Joint Favorable Substitute
Yea 13 Nay 0 (03/11/2021)