O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 21-140—sSB 872
Committee on Children
AN ACT CONCERNING TH E DEPARTMENT OF CHIL DREN AND
FAMILIES' RECOMMENDA TIONS FOR REVISIONS TO THE
STATUTES CONCERNING CHILDREN
SUMMARY: This act makes various changes in 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 and recommendations on
implementing the Connecticut Children's Behavioral Health Plan to the
Appropriations and Children’s committees (§ 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) (§§ 6-8);
7. adds a licensed health care professional to the State Advisory Council
(SAC) on Children and Families (§ 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 REPORTING REQUIREMENT S
The act repeals provisions requiring DCF to develop and regularly update a
single, comprehensive strategic plan and report to the legislature on updates to it.
Prior law required 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, service
providers, 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. O L R P U B L I C A C T S U M M A R Y
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The act instead requires DCF to submit reports required under federal law by
the Administration for Children and Families (ACF) in order to receive federal
funding. Under the act, 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.
Prior law required DCF to submit the strategic plan and updates to the
governor and legislature. The act 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 within 30 days after ACF approves
them.
§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 act 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
Definitions
Under the act and federal law, a “QRTP” is an accredited program for children
with serious emotional or behavioral disorders or disturbances that, among other
things, (1) has a trauma-informed treatment model, (2) has licensed clinical staff
available 24 hours per day and seven days per week, and (3) facilitates family
member participation in the child’s treatment program, when appropriate (42
U.S.C. 672(k)(4)).
A “qualified individual” is 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)).
Adoption of QRTP Standards
The act requires the DCF commissioner to adopt regulations establishing
standards for QRTPs and qualified individuals. Under the act, DCF standards
must 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 O L R P U B L I C A C T S U M M A R Y
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individual, and (4) documentation requirements.
The act does not establish a deadline for the commissioner to establish the
standards but allows her to implement policies and procedures consistent with
these provisions while in the process of adopting them in regulations. The
commissioner must publish notice of intention to adopt regulations on the
eRegulations System within 20 days after implementing the policies and
procedures.
QRTP Initial Assessment and Placement Determination
Starting by the earlier of July 1, 2021, or the date ACF approves DCF’s
Connecticut Family First Prevention Plan, the act requires a child in DCF custody
who is placed in a QRTP to be assessed by a qualified individual within 30 days
after the placement. The qualified individual must:
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 (e.g.
relatives or fictive kin caregivers) 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 act requires the qualified individual to work with the child's family
permanency team while doing the assessment.
Under the act, 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 the reasons why. However, a shortage or lack of available
foster families is not an acceptable reason for this determination. If the qualified
individual determines 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 act requires the qualified individual to submit this assessment to the DCF
commissioner.
QRTP Court Review
Starting by the earlier of July 1, 2021, or the date ACF approves DCF’s
Connecticut Family First Prevention Plan, the act requires the DCF commissioner
to file a motion to review the qualified individual's assessment with the Superior
Court that has venue over the assessment. The commissioner must do this within
35 days after the child's placement in a QRTP, provided the child has not been
discharged. O L R P U B L I C A C T S U M M A R Y
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The act requires the court, within 15 days, to (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 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. Under
the act, this determination’s purpose is only to allow DCF to receive federal
reimbursement for the child's care.
Additionally, at any hearing held regarding a child remaining in a QRTP
placement, the act requires DCF to submit evidence that:
1. ongoing assessment of the child’s strengths and needs continues to support
the determination that these needs cannot be met through a foster family
placement;
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 child's permanency plan goals.
The act 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)
DCF’s efforts 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 (SAC)
By law, the SAC on Children and Families makes recommendations to DCF
about programs, legislation, and other matters to improve services, among other
things. The act increases the council’s membership from 19 to 20 by adding a
licensed health care professional with expertise in children’s health, appointed by
the Governor.
§10 — ADMINISTRATIVE CASE REVIEWS
The act eliminates a requirement for DCF to submit, within available
appropriations, an annual report to the Children's Committee on:
1. the results of Connecticut’s comprehensive objective reviews (internal
qualitative reviews), including any recommendations contained in the
reviews and any steps DCF took 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 took to address department-wide deficiencies.