Connecticut 2021 Regular Session

Connecticut Senate Bill SB00872 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+
	2	+
	3	+	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-R01-
	4	+	SB.docx
	5	+	1 of 16
	6	+
	7	+	General Assembly Substitute Bill No. 872
	8	+	January Session, 2021
1	9
2	10
3	11
4		-	Substitute Senate Bill No. 872
5		-
6		-	Public Act No. 21-140
7	12
8	13
9	14		AN ACT CONCERNING TH E DEPARTMENT OF CHIL DREN AND
10	15		FAMILIES' RECOMMENDA TIONS FOR REVISIONS TO THE
11	16		STATUTES CONCERNING CHILDREN.
12	17		Be it enacted by the Senate and House of Representatives in General
13	18		Assembly convened:
14	19
15		-	Section 1. Subsection (f) of section 46b-127 of the general statutes is
16		-	repealed and the following is substituted in lieu thereof (Effective July 1,
17		-	2021):
18		-	(f) The transfer of a child to a Department of Correction facility shall
19		-	be limited as provided in subsection (e) of this section and said
20		-	subsection shall not be construed to permit the transfer of or otherwise
21		-	reduce or eliminate any other population of juveniles in detention or
22		-	confinement within the Judicial Department. [or the Department of
23		-	Children and Families.]
24		-	Sec. 2. Subsection (b) of section 17a-3 of the general statutes is
25		-	repealed and the following is substituted in lieu thereof (Effective July 1,
26		-	2021):
27		-	(b) [(1) The department, with the assistance of the State Advisory
28		-	Council on Children and Families, and in consultation with
29		-	representatives of the children and families served by the department,
30		-	providers of services to children and families, advocates, and others Substitute ~~Senate~~ Bill No. 872
	20	+	Section 1. Subsection (f) of section 46b-127 of the general statutes is 1
	21	+	repealed and the following is substituted in lieu thereof (Effective July 1, 2
	22	+	2021): 3
	23	+	(f) The transfer of a child to a Department of Correction facility shall 4
	24	+	be limited as provided in subsection (e) of this section and said 5
	25	+	subsection shall not be construed to permit the transfer of or otherwise 6
	26	+	reduce or eliminate any other population of juveniles in detention or 7
	27	+	confinement within the Judicial Department. [or the Department of 8
	28	+	Children and Families.] 9
	29	+	Sec. 2. Subsection (b) of section 17a-3 of the general statutes is 10
	30	+	repealed and the following is substituted in lieu thereof (Effective July 1, 11
	31	+	2021): 12
	32	+	(b) [(1) The department, with the assistance of the State Advisory 13
	33	+	Council on Children and Families, and in consultation with 14
	34	+	representatives of the children and families served by the department, 15
	35	+	providers of services to children and families, advocates, and others 16 Substitute Bill No. 872
31	36
32		-	Public Act No. 21-140 2 of 16
33	37
34		-	interested in the well-being of children and families in this state, shall
35		-	develop and regularly update a single, comprehensive strategic plan for
36		-	meeting the needs of children and families served by the department. In
37		-	developing and updating the strategic plan, the department shall
38		-	identify and define agency goals and indicators of progress, including
39		-	benchmarks, in achieving such goals. The strategic plan shall include,
40		-	but not be limited to: (A) The department's mission statement; (B) the
41		-	expected results for the department and each of its mandated areas of
42		-	responsibility; (C) a schedule of action steps and a time frame for
43		-	achieving such results and fulfilling the department's mission that
44		-	includes strategies for working with other state agencies to leverage
45		-	resources and coordinate service delivery; (D) strategies, informed by
46		-	data on referrals, substantiations, removal, placements and retention, by
47		-	which the department shall identify racial and ethnic disparities within
48		-	child welfare practice and work to eliminate such disparities; (E)
49		-	priorities for services and estimates of the funding and other resources
50		-	necessary to carry them out; (F) standards for programs and services
51		-	that are based on research-based best practices, when available; and (G)
52		-	relevant measures of performance.
53		-	(2) The department shall begin the strategic planning process on July
54		-	1, 2009. The department shall hold regional meetings on the plan to
55		-	ensure public input and shall post the plan and the plan's updates and
56		-	progress reports on the department's web site. The department shall
57		-	submit the strategic plan to the State Advisory Council on Children and
58		-	Families for review and comment prior to its final submission to the
59		-	General Assembly and the Governor. On or before July 1, 2010, the
60		-	department shall submit the strategic plan, in accordance with section
61		-	11-4a, to the General Assembly and the Governor.
62		-	(3) The commissioner shall track and report on progress in achieving
63		-	the strategic plan's goals not later than October 1, 2010, and quarterly
64		-	thereafter, to said State Advisory Council. The commissioner shall Substitute Senate Bill No. 872
	38	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-
	39	+	R01-SB.docx }
	40	+	2 of 16
65	41
66		-	Public Act No. 21-140 3 of 16
	42	+	interested in the well-being of children and families in this state, shall 17
	43	+	develop and regularly update a single, comprehensive strategic plan for 18
	44	+	meeting the needs of children and families served by the department. In 19
	45	+	developing and updating the strategic plan, the department shall 20
	46	+	identify and define agency goals and indicators of progress, including 21
	47	+	benchmarks, in achieving such goals. The strategic plan shall include, 22
	48	+	but not be limited to: (A) The department's mission statement; (B) the 23
	49	+	expected results for the department and each of its mandated areas of 24
	50	+	responsibility; (C) a schedule of action steps and a time frame for 25
	51	+	achieving such results and fulfilling the department's mission that 26
	52	+	includes strategies for working with other state agencies to leverage 27
	53	+	resources and coordinate service delivery; (D) strategies, informed by 28
	54	+	data on referrals, substantiations, removal, placements and retention, by 29
	55	+	which the department shall identify racial and ethnic disparities within 30
	56	+	child welfare practice and work to eliminate such disparities; (E) 31
	57	+	priorities for services and estimates of the funding and other resources 32
	58	+	necessary to carry them out; (F) standards for programs and services 33
	59	+	that are based on research-based best practices, when available; and (G) 34
	60	+	relevant measures of performance. 35
	61	+	(2) The department shall begin the strategic planning process on July 36
	62	+	1, 2009. The department shall hold regional meetings on the plan to 37
	63	+	ensure public input and shall post the plan and the plan's updates and 38
	64	+	progress reports on the department's web site. The department shall 39
	65	+	submit the strategic plan to the State Advisory Council on Children and 40
	66	+	Families for review and comment prior to its final submission to the 41
	67	+	General Assembly and the Governor. On or before July 1, 2010, the 42
	68	+	department shall submit the strategic plan, in accordance with section 43
	69	+	11-4a, to the General Assembly and the Governor. 44
	70	+	(3) The commissioner shall track and report on progress in achieving 45
	71	+	the strategic plan's goals not later than October 1, 2010, and quarterly 46
	72	+	thereafter, to said State Advisory Council. The commissioner shall 47
	73	+	submit a status report on progress in achieving the results in the 48
	74	+	strategic plan, in accordance with section 11-4a, not later than July 1, 49 Substitute Bill No. 872
67	75
68		-	submit a status report on progress in achieving the results in the
69		-	strategic plan, in accordance with section 11-4a, not later than July 1,
70		-	2011, and annually thereafter to the General Assembly, the joint
71		-	standing committee of the General Assembly having cognizance of
72		-	matters relating to children and the Governor.] Not later than July 1,
73		-	2021, the Commissioner of Children and Families shall submit, in
74		-	accordance with the provisions of section 11-4a, to the joint standing
75		-	committees of the General Assembly having cognizance of matters
76		-	relating to children and appropriations and the budgets of state agencies
77		-	and to the State Advisory Council of Children and Families the
78		-	following reports for which the commissioner most recently received
79		-	approval from the Administration for Children and Families pursuant
80		-	to federal law: (1) The Child and Family Services Plan, (2) the Annual
81		-	Progress and Services Report, (3) the Final Report of the Child and
82		-	Family Services Review, and (4) any Program Improvement Plan.
83		-	Thereafter, the commissioner shall submit, in accordance with the
84		-	provisions of section 11-4a, to the joint standing committees of the
85		-	General Assembly having cognizance of matters relating to children and
86		-	appropriations and the budgets of state agencies and to the State
87		-	Advisory Council of Children and Families said reports not later than
88		-	thirty days after the Administration for Children and Families approves
89		-	the reports.
90		-	Sec. 3. Subsection (c) of section 17a-4 of the general statutes is
91		-	repealed and the following is substituted in lieu thereof (Effective July 1,
92		-	2021):
93		-	(c) The duties of the council shall be to: (1) Recommend to the
94		-	commissioner programs, legislation or other matters which will
95		-	improve services for children and youths, including behavioral health
96		-	services; (2) annually review and advise the commissioner regarding the
97		-	proposed budget; (3) interpret to the community at large the policies,
98		-	duties and programs of the department; (4) issue any reports it deems Substitute Senate Bill No. 872
99	76
100		-	Public Act No. 21-140 4 of 16
	77	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-
	78	+	R01-SB.docx }
	79	+	3 of 16
101	80
102		-	necessary to the Governor and the Commissioner of Children and
103		-	Families; (5) [assist in the development of and] review and comment on
104		-	the [strategic plan developed by the department pursuant to] reports
105		-	described in subsection (b) of section 17a-3, as amended by this act; (6)
106		-	[receive on a quarterly basis from the commissioner a status report on
107		-	the department's progress in carrying out the strategic plan; (7)]
108		-	independently monitor the department's progress in achieving its goals
109		-	as expressed in [the strategic plan] such reports; and [(8)] (7) offer
110		-	assistance and provide an outside perspective to the department so that
111		-	it may be able to achieve the goals expressed in [the strategic plan] such
112		-	reports.
113		-	Sec. 4. Section 17a-22bb of the general statutes is repealed and the
114		-	following is substituted in lieu thereof (Effective from passage):
115		-	(a) [(1)] The Commissioner of Children and Families, in consultation
116		-	with representatives of the children and families served by the
117		-	department, including children at increased risk of involvement with
118		-	the juvenile justice system, providers of mental, emotional or behavioral
119		-	health services for such children and families, advocates, and others
120		-	interested in the well-being of children and families in this state, shall
121		-	develop a comprehensive implementation plan, across agency and
122		-	policy areas, for meeting the mental, emotional and behavioral health
123		-	needs of all children in the state, and preventing or reducing the long-
124		-	term negative impact of mental, emotional and behavioral health issues
125		-	on children. In developing the implementation plan, the department
126		-	shall include, at a minimum, the following strategies to prevent or
127		-	reduce the long-term negative impact of mental, emotional and
128		-	behavioral health issues on children:
129		-	[(A)] (1) Employing prevention-focused techniques, with an
130		-	emphasis on early identification and intervention;
131		-	[(B)] (2) Ensuring access to developmentally-appropriate services; Substitute Senate Bill No. 872
	81	+	2011, and annually thereafter to the General Assembly, the joint 50
	82	+	standing committee of the General Assembly having cognizance of 51
	83	+	matters relating to children and the Governor.] Not later than July 1, 52
	84	+	2021, the Commissioner of Children and Families shall submit, in 53
	85	+	accordance with the provisions of section 11-4a, to the joint standing 54
	86	+	committees of the General Assembly having cognizance of matters 55
	87	+	relating to children and appropriations and the budgets of state agencies 56
	88	+	and to the State Advisory Council of Children and Families the 57
	89	+	following reports for which the commissioner most recently received 58
	90	+	approval from the Administration for Children and Families pursuant 59
	91	+	to federal law: (1) The Child and Family Services Plan, (2) the Annual 60
	92	+	Progress and Services Report, (3) the Final Report of the Child and 61
	93	+	Family Services Review, and (4) any Program Improvement Plan. 62
	94	+	Thereafter, the commissioner shall submit, in accordance with the 63
	95	+	provisions of section 11-4a, to the joint standing committees of the 64
	96	+	General Assembly having cognizance of matters relating to children and 65
	97	+	appropriations and the budgets of state agencies and to the State 66
	98	+	Advisory Council of Children and Families said reports not later than 67
	99	+	thirty days after the Administration for Children and Families approves 68
	100	+	the reports. 69
	101	+	Sec. 3. Subsection (c) of section 17a-4 of the general statutes is 70
	102	+	repealed and the following is substituted in lieu thereof (Effective July 1, 71
	103	+	2021): 72
	104	+	(c) The duties of the council shall be to: (1) Recommend to the 73
	105	+	commissioner programs, legislation or other matters which will 74
	106	+	improve services for children and youths, including behavioral health 75
	107	+	services; (2) annually review and advise the commissioner regarding the 76
	108	+	proposed budget; (3) interpret to the community at large the policies, 77
	109	+	duties and programs of the department; (4) issue any reports it deems 78
	110	+	necessary to the Governor and the Commissioner of Children and 79
	111	+	Families; (5) [assist in the development of and] review and comment on 80
	112	+	the [strategic plan developed by the department pursuant to] reports 81
	113	+	described in subsection (b) of section 17a-3, as amended by this act; (6) 82 Substitute Bill No. 872
132	114
133		-	Public Act No. 21-140 5 of 16
134	115
135		-	[(C)] (3) Offering comprehensive care within a continuum of services;
136		-	[(D)] (4) Engaging communities, families and youths in the planning,
137		-	delivery and evaluation of mental, emotional and behavioral health care
138		-	services;
139		-	[(E)] (5) Being sensitive to diversity by reflecting awareness of race,
140		-	culture, religion, language and ability;
141		-	[(F)] (6) Establishing results-based accountability measures to track
142		-	progress towards the goals and objectives outlined in this section,
143		-	sections 17a-22cc, 17a-22dd and 17a-248h and section 7 of public act 13-
144		-	178;
145		-	[(G)] (7) Applying data-informed quality assurance strategies to
146		-	address mental, emotional and behavioral health issues in children;
147		-	[(H)] (8) Improving the integration of school and community-based
148		-	mental health services;
149		-	[(I)] (9) Enhancing early interventions, consumer input and public
150		-	information and accountability by [(i)] (A) in collaboration with the
151		-	Department of Public Health, increasing family and youth engagement
152		-	in medical homes; [(ii)] (B) in collaboration with the Department of
153		-	Social Services, increasing awareness of the 2-1-1 Infoline program; and
154		-	[(iii)] (C) in collaboration with each program that addresses the mental,
155		-	emotional or behavioral health of children within the state, insofar as
156		-	they receive public funds from the state, increasing the collection of data
157		-	on the results of each program, including information on issues related
158		-	to response times for treatment, provider availability and access to
159		-	treatment options; and
160		-	[(J)] (10) Identifying and addressing any increased risk of
161		-	involvement in the juvenile and criminal justice system attributable to
162		-	unmet mental, emotional and behavioral health needs of children. Substitute Senate Bill No. 872
	116	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-
	117	+	R01-SB.docx }
	118	+	4 of 16
163	119
164		-	Public Act No. 21-140 6 of 16
	120	+	[receive on a quarterly basis from the commissioner a status report on 83
	121	+	the department's progress in carrying out the strategic plan; (7)] 84
	122	+	independently monitor the department's progress in achieving its goals 85
	123	+	as expressed in [the strategic plan] such reports; and [(8)] (7) offer 86
	124	+	assistance and provide an outside perspective to the department so that 87
	125	+	it may be able to achieve the goals expressed in [the strategic plan] such 88
	126	+	reports. 89
	127	+	Sec. 4. Section 17a-22bb of the general statutes is repealed and the 90
	128	+	following is substituted in lieu thereof (Effective from passage): 91
	129	+	(a) [(1)] The Commissioner of Children and Families, in consultation 92
	130	+	with representatives of the children and families served by the 93
	131	+	department, including children at increased risk of involvement with 94
	132	+	the juvenile justice system, providers of mental, emotional or behavioral 95
	133	+	health services for such children and families, advocates, and others 96
	134	+	interested in the well-being of children and families in this state, shall 97
	135	+	develop a comprehensive implementation plan, across agency and 98
	136	+	policy areas, for meeting the mental, emotional and behavioral health 99
	137	+	needs of all children in the state, and preventing or reducing the long-100
	138	+	term negative impact of mental, emotional and behavioral health issues 101
	139	+	on children. In developing the implementation plan, the department 102
	140	+	shall include, at a minimum, the following strategies to prevent or 103
	141	+	reduce the long-term negative impact of mental, emotional and 104
	142	+	behavioral health issues on children: 105
	143	+	[(A)] (1) Employing prevention-focused techniques, with an 106
	144	+	emphasis on early identification and intervention; 107
	145	+	[(B)] (2) Ensuring access to developmentally-appropriate services; 108
	146	+	[(C)] (3) Offering comprehensive care within a continuum of services; 109
	147	+	[(D)] (4) Engaging communities, families and youths in the planning, 110
	148	+	delivery and evaluation of mental, emotional and behavioral health care 111
	149	+	services; 112 Substitute Bill No. 872
165	150
166		-	[(2) Not later than April 15, 2014, the commissioner shall submit and
167		-	present a status report on the progress of the implementation plan, in
168		-	accordance with section 11-4a, to the Governor and the joint standing
169		-	committees of the General Assembly having cognizance of matters
170		-	relating to children and appropriations.
171		-	(3) On or before October 1, 2014, the commissioner shall submit and
172		-	present the implementation plan, in accordance with section 11-4a, to
173		-	the Governor and the joint standing committees of the General
174		-	Assembly having cognizance of matters relating to children and
175		-	appropriations.
176		-	(4) On or before October 1, 2015, and biennially thereafter through
177		-	and including 2019, the department shall, in collaboration with the
178		-	Department of Education, Department of Social Services, Department of
179		-	Developmental Services, Office of Early Childhood, Department of
180		-	Public Health and Court Support Services Division of the Judicial
181		-	Branch, submit and present progress reports on the status of
182		-	implementation, and any data-driven recommendations to alter or
183		-	augment the implementation in accordance with section 11-4a, to the
184		-	Governor and the joint standing committees of the General Assembly
185		-	having cognizance of matters relating to children and appropriations.]
186		-	(b) Emergency mobile psychiatric service providers shall collaborate
187		-	with community-based mental health care agencies, school-based health
188		-	centers and the contracting authority for each local or regional board of
189		-	education throughout the state, utilizing a variety of methods,
190		-	including, but not limited to, memoranda of understanding, policy and
191		-	protocols regarding referrals and outreach and liaison between the
192		-	respective entities. These methods shall be designed to (1) improve
193		-	coordination and communication in order to enable such entities to
194		-	promptly identify and refer children with mental, emotional or
195		-	behavioral health issues to the appropriate treatment program, and (2)
196		-	plan for any appropriate follow-up with the child and family. Substitute Senate Bill No. 872
197	151
198		-	Public Act No. 21-140 7 of 16
	152	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-
	153	+	R01-SB.docx }
	154	+	5 of 16
199	155
200		-	(c) ~~Local law enforcement agencies and local and regional boards~~ of
201		-	~~education that employ or engage school resource officers shall~~,
202		-	~~provided federal funds are available,~~ ~~train school resource officers in~~
203		-	~~nationally recognized best practices to prevent students with mental~~
204		-	~~health issues from being victimized or disproportionately referred to the~~
205		-	~~juvenile justice system as a result of their mental health issues.~~
206		-	(d) ~~The Department of Children and Families,~~ ~~in collaboration with~~
207		-	~~agencies that provide training for~~ mental health ~~care providers~~ in ~~urban,~~
208		-	~~suburban~~ and ~~rural areas,~~ ~~shall provide phased-in, ongoing training for~~
209		-	mental health ~~care providers in evidence-based and trauma-informed~~
210		-	interventions and ~~practices.~~
211		-	(e) The ~~state shall seek existing public or private reimbursement for~~
212		-	~~(1) mental~~, ~~emotional~~ and ~~behavioral health care services delivered in~~
213		-	~~the home and~~ in ~~elementary and secondary schools,~~ ~~and (2) mental,~~
214		-	~~emotional~~ and ~~behavioral health care services offered through the~~
215		-	~~Department of Social Services pursuant to~~ the ~~federal Early and Periodic~~
216		-	~~Screening~~, ~~Diagnosis and Treatment Program under 42 USC 1396d.~~
217		-	~~[(f) On or before October 1, 2017,~~ the ~~Department~~ of ~~Children and~~
218		-	~~Families, in collaboration with~~ the ~~Judicial Branch and the Department~~
219		-	~~of Correction~~, ~~shall submit a plan~~ to ~~prevent or reduce the negative~~
220		-	~~impact of mental, emotional~~ and ~~behavioral health issues on children~~
221		-	and ~~youth twenty years~~ of ~~age or younger who are held in secure~~
222		-	~~detention or correctional confinement,~~ in ~~accordance with section 11-4a,~~
223		-	~~to the Governor~~ and ~~the joint standing committees~~ of ~~the General~~
224		-	~~Assembly having cognizance of matters relating to children~~ and
225		-	~~appropriations.]~~
226		-	~~[(g)] (f) On or before October 1~~, ~~2017,~~ and ~~annually thereafter,~~ the
227		-	~~Commissioner~~ of ~~Correction shall compile records regarding~~ the
228		-	~~frequency~~ and ~~use of physical restraint and seclusion, as defined in~~
229		-	~~section 46a-150,~~ on ~~children~~ and ~~youth twenty years of age or younger~~ Substitute ~~Senate~~ Bill No. 872
	156	+	[(E)] (5) Being sensitive to diversity by reflecting awareness of race, 113
	157	+	culture, religion, language and ability; 114
	158	+	[(F)] (6) Establishing results-based accountability measures to track 115
	159	+	progress towards the goals and objectives outlined in this section, 116
	160	+	sections 17a-22cc, 17a-22dd and 17a-248h and section 7 of public act 13-117
	161	+	178; 118
	162	+	[(G)] (7) Applying data-informed quality assurance strategies to 119
	163	+	address mental, emotional and behavioral health issues in children; 120
	164	+	[(H)] (8) Improving the integration of school and community-based 121
	165	+	mental health services; 122
	166	+	[(I)] (9) Enhancing early interventions, consumer input and public 123
	167	+	information and accountability by [(i)] (A) in collaboration with the 124
	168	+	Department of Public Health, increasing family and youth engagement 125
	169	+	in medical homes; [(ii)] (B) in collaboration with the Department of 126
	170	+	Social Services, increasing awareness of the 2-1-1 Infoline program; and 127
	171	+	[(iii)] (C) in collaboration with each program that addresses the mental, 128
	172	+	emotional or behavioral health of children within the state, insofar as 129
	173	+	they receive public funds from the state, increasing the collection of data 130
	174	+	on the results of each program, including information on issues related 131
	175	+	to response times for treatment, provider availability and access to 132
	176	+	treatment options; and 133
	177	+	[(J)] (10) Identifying and addressing any increased risk of 134
	178	+	involvement in the juvenile and criminal justice system attributable to 135
	179	+	unmet mental, emotional and behavioral health needs of children. 136
	180	+	[(2) Not later than April 15, 2014, the commissioner shall submit and 137
	181	+	present a status report on the progress of the implementation plan, in 138
	182	+	accordance with section 11-4a, to the Governor and the joint standing 139
	183	+	committees of the General Assembly having cognizance of matters 140
	184	+	relating to children and appropriations. 141
	185	+	(3) On or before October 1, 2014, the commissioner shall submit and 142 Substitute Bill No. 872
230	186
231		-	Public Act No. 21-140 8 of 16
232	187
233		-	who are in the custody of the commissioner at the John R. Manson Youth
234		-	Institution, Cheshire, and shall submit a report summarizing such
235		-	records, in accordance with the provisions of section 11-4a, to the joint
236		-	standing committee of the General Assembly having cognizance of
237		-	matters relating to children. Such report shall address the prior year and
238		-	shall indicate, at a minimum, the frequency that (1) physical restraint
239		-	was used as (A) an emergency intervention, and (B) a nonemergency
240		-	intervention, and (2) restricted housing or other types of administrative
241		-	segregation or seclusion were used at such facility.
242		-	[(h) On or before October 1, 2018, the Department of Children and
243		-	Families, in collaboration with the Children's Mental, Emotional and
244		-	Behavioral Health Plan Implementation Advisory Board, established
245		-	pursuant to section 17a-22f, shall submit recommendations for
246		-	addressing any unmet mental, emotional and behavioral health needs
247		-	of children that are attributed to an increased risk of involvement in the
248		-	juvenile and criminal justice systems, in accordance with section 11-4a,
249		-	to the Governor and the joint standing committees of the General
250		-	Assembly having cognizance of matters relating to children and
251		-	appropriations.]
252		-	Sec. 5. Subparagraph (B) of subdivision (1) of subsection (k) of section
253		-	46b-129 of the general statutes is repealed and the following is
254		-	substituted in lieu thereof (Effective from passage):
255		-	(B) (i) If a child is at least twelve years of age, the child's permanency
256		-	plan, and any revision to such plan, shall be developed in consultation
257		-	with the child. In developing or revising such plan, the child may
258		-	consult up to two individuals participating in the department's case
259		-	plan regarding such child, neither of whom shall be the foster parent or
260		-	caseworker of such child. One individual so selected by such child may
261		-	be designated as the child's advisor for purposes of developing or
262		-	revising the permanency plan. Regardless of the child's age, the
263		-	commissioner shall provide not less than five days' advance written Substitute Senate Bill No. 872
	188	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-
	189	+	R01-SB.docx }
	190	+	6 of 16
264	191
265		-	Public Act No. 21-140 9 of 16
	192	+	present the implementation plan, in accordance with section 11-4a, to 143
	193	+	the Governor and the joint standing committees of the General 144
	194	+	Assembly having cognizance of matters relating to children and 145
	195	+	appropriations. 146
	196	+	(4) On or before October 1, 2015, and biennially thereafter through 147
	197	+	and including 2019, the department shall, in collaboration with the 148
	198	+	Department of Education, Department of Social Services, Department of 149
	199	+	Developmental Services, Office of Early Childhood, Department of 150
	200	+	Public Health and Court Support Services Division of the Judicial 151
	201	+	Branch, submit and present progress reports on the status of 152
	202	+	implementation, and any data-driven recommendations to alter or 153
	203	+	augment the implementation in accordance with section 11-4a, to the 154
	204	+	Governor and the joint standing committees of the General Assembly 155
	205	+	having cognizance of matters relating to children and appropriations.] 156
	206	+	(b) Emergency mobile psychiatric service providers shall collaborate 157
	207	+	with community-based mental health care agencies, school-based health 158
	208	+	centers and the contracting authority for each local or regional board of 159
	209	+	education throughout the state, utilizing a variety of methods, 160
	210	+	including, but not limited to, memoranda of understanding, policy and 161
	211	+	protocols regarding referrals and outreach and liaison between the 162
	212	+	respective entities. These methods shall be designed to (1) improve 163
	213	+	coordination and communication in order to enable such entities to 164
	214	+	promptly identify and refer children with mental, emotional or 165
	215	+	behavioral health issues to the appropriate treatment program, and (2) 166
	216	+	plan for any appropriate follow-up with the child and family. 167
	217	+	(c) Local law enforcement agencies and local and regional boards of 168
	218	+	education that employ or engage school resource officers shall, 169
	219	+	provided federal funds are available, train school resource officers in 170
	220	+	nationally recognized best practices to prevent students with mental 171
	221	+	health issues from being victimized or disproportionately referred to the 172
	222	+	juvenile justice system as a result of their mental health issues. 173
	223	+	(d) The Department of Children and Families, in collaboration with 174 Substitute Bill No. 872
266	224
267		-	notice of any permanency team meeting concerning the child's
268		-	permanency plan to an attorney or guardian ad litem appointed to
269		-	represent the child pursuant to subsection (c) of this section.
270		-	(ii) If a child is at least twelve years of age, the commissioner shall
271		-	notify the parent or guardian, foster parent and child of any
272		-	administrative case review regarding such child's commitment not less
273		-	than five days prior to such review and shall make a reasonable effort
274		-	to schedule such review at a time and location that allows the parent or
275		-	guardian, foster parent and child to attend.
276		-	(iii) If a child is at least twelve years of age, such child shall, whenever
277		-	possible, identify not more than three adults with whom such child has
278		-	a significant relationship and who may serve as a permanency resource.
279		-	The identity of such adults shall be recorded in the case plan of such
280		-	child.
281		-	[(iv) Not later than January 1, 2016, and annually thereafter, the
282		-	commissioner shall submit a report, in accordance with the provisions
283		-	of section 11-4a, to the joint standing committees of the General
284		-	Assembly having cognizance of matters relating to children and the
285		-	judiciary, on the number of case plans in which children have identified
286		-	adults with whom they have a significant relationship and who may
287		-	serve as a permanency resource.]
288		-	Sec. 6. Section 17a-93 of the general statutes is repealed and the
289		-	following is substituted in lieu thereof (Effective from passage):
290		-	As used in sections 17a-90 to 17a-121a, inclusive, [and] sections 17a-
291		-	145 to 17a-153, inclusive, and sections 7 and 8 of this act:
292		-	(1) "Child" means any person under eighteen years of age, except as
293		-	otherwise specified, or any person under twenty-one years of age who
294		-	is in full-time attendance in a secondary school, a technical school, a
295		-	college or a state-accredited job training program; Substitute Senate Bill No. 872
296	225
297		-	Public Act No. 21-140 10 of 16
	226	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-
	227	+	R01-SB.docx }
	228	+	7 of 16
298	229
299		-	(2) "Parent" means natural or adoptive parent;
300		-	(3) "Adoption" means the establishment by court order of the legal
301		-	relationship of parent and child;
302		-	(4) "Guardianship" means guardianship, unless otherwise specified,
303		-	of the person of a minor and refers to the obligation of care and control,
304		-	the right to custody and the duty and authority to make major decisions
305		-	affecting such minor's welfare, including, but not limited to, consent
306		-	determinations regarding marriage, enlistment in the armed forces and
307		-	major medical, psychiatric or surgical treatment;
308		-	(5) "Termination of parental rights" means the complete severance by
309		-	court order of the legal relationship, with all its rights and
310		-	responsibilities, between the child and the child's parent or parents so
311		-	that the child is free for adoption except it shall not affect the right of
312		-	inheritance of such child or the religious affiliation of such child;
313		-	(6) "Statutory parent" means the Commissioner of Children and
314		-	Families or that child-placing agency appointed by the court for the
315		-	purpose of giving a minor child or minor children in adoption;
316		-	(7) "Child-placing agency" means any agency within or without the
317		-	state of Connecticut licensed or approved by the Commissioner of
318		-	Children and Families in accordance with sections 17a-149 and 17a-151,
319		-	and in accordance with such standards which shall be established by
320		-	regulations of the Department of Children and Families;
321		-	(8) "Child care facility" means a congregate residential setting
322		-	licensed by the Department of Children and Families for the out-of-
323		-	home placement of (A) children or youths under eighteen years of age,
324		-	or (B) any person under twenty-one years of age who is in full-time
325		-	attendance in a secondary school, a technical school, a college or state
326		-	accredited job training program or is currently homeless or at risk of
327		-	homelessness, as defined in section 17a-484a; Substitute Senate Bill No. 872
	230	+	agencies that provide training for mental health care providers in urban, 175
	231	+	suburban and rural areas, shall provide phased-in, ongoing training for 176
	232	+	mental health care providers in evidence-based and trauma-informed 177
	233	+	interventions and practices. 178
	234	+	(e) The state shall seek existing public or private reimbursement for 179
	235	+	(1) mental, emotional and behavioral health care services delivered in 180
	236	+	the home and in elementary and secondary schools, and (2) mental, 181
	237	+	emotional and behavioral health care services offered through the 182
	238	+	Department of Social Services pursuant to the federal Early and Periodic 183
	239	+	Screening, Diagnosis and Treatment Program under 42 USC 1396d. 184
	240	+	[(f) On or before October 1, 2017, the Department of Children and 185
	241	+	Families, in collaboration with the Judicial Branch and the Department 186
	242	+	of Correction, shall submit a plan to prevent or reduce the negative 187
	243	+	impact of mental, emotional and behavioral health issues on children 188
	244	+	and youth twenty years of age or younger who are held in secure 189
	245	+	detention or correctional confinement, in accordance with section 11-4a, 190
	246	+	to the Governor and the joint standing committees of the General 191
	247	+	Assembly having cognizance of matters relating to children and 192
	248	+	appropriations.] 193
	249	+	[(g)] (f) On or before October 1, 2017, and annually thereafter, the 194
	250	+	Commissioner of Correction shall compile records regarding the 195
	251	+	frequency and use of physical restraint and seclusion, as defined in 196
	252	+	section 46a-150, on children and youth twenty years of age or younger 197
	253	+	who are in the custody of the commissioner at the John R. Manson Youth 198
	254	+	Institution, Cheshire, and shall submit a report summarizing such 199
	255	+	records, in accordance with the provisions of section 11-4a, to the joint 200
	256	+	standing committee of the General Assembly having cognizance of 201
	257	+	matters relating to children. Such report shall address the prior year and 202
	258	+	shall indicate, at a minimum, the frequency that (1) physical restraint 203
	259	+	was used as (A) an emergency intervention, and (B) a nonemergency 204
	260	+	intervention, and (2) restricted housing or other types of administrative 205
	261	+	segregation or seclusion were used at such facility. 206 Substitute Bill No. 872
328	262
329		-	Public Act No. 21-140 11 of 16
330	263
331		-	(9) "Protective supervision" means a status created by court order
332		-	following adjudication of neglect whereby a child's place of abode is not
333		-	changed but assistance directed at correcting the neglect is provided at
334		-	the request of the court through the Department of Children and
335		-	Families or such other social agency as the court may specify;
336		-	(10) "Receiving home" means a facility operated by the Department
337		-	of Children and Families to receive and temporarily care for children in
338		-	the guardianship or care of the commissioner;
339		-	(11) "Protective services" means public welfare services provided
340		-	after complaints of abuse, neglect or abandonment, but in the absence
341		-	of an adjudication or assumption of jurisdiction by a court;
342		-	(12) "Person responsible for the health, welfare or care of a child or
343		-	youth" means a child's or a youth's parent, guardian or foster parent; an
344		-	employee of a public or private residential home, agency or institution
345		-	or other person legally responsible in a residential setting; or any staff
346		-	person providing out-of-home care, such as the provision of child care
347		-	services, as described in section 19a-77, in a child care center, group
348		-	child care home or family child care home;
349		-	(13) "Foster family" means a person or persons, licensed by the
350		-	Department of Children and Families or approved by a licensed child-
351		-	placing agency, for the care of a child or children in a private home;
352		-	(14) "Prospective adoptive family" means a person or persons,
353		-	licensed by the Department of Children and Families or approved by a
354		-	licensed child-placing agency, who is awaiting the placement of, or who
355		-	has a child or children placed in their home for the purposes of
356		-	adoption; [and]
357		-	(15) "Person entrusted with the care of a child or youth" means a
358		-	person given access to a child or youth by a person responsible for the
359		-	health, welfare or care of a child or youth for the purpose of providing Substitute Senate Bill No. 872
	264	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-
	265	+	R01-SB.docx }
	266	+	8 of 16
360	267
361		-	Public Act No. 21-140 12 of 16
	268	+	[(h) On or before October 1, 2018, the Department of Children and 207
	269	+	Families, in collaboration with the Children's Mental, Emotional and 208
	270	+	Behavioral Health Plan Implementation Advisory Board, established 209
	271	+	pursuant to section 17a-22f, shall submit recommendations for 210
	272	+	addressing any unmet mental, emotional and behavioral health needs 211
	273	+	of children that are attributed to an increased risk of involvement in the 212
	274	+	juvenile and criminal justice systems, in accordance with section 11-4a, 213
	275	+	to the Governor and the joint standing committees of the General 214
	276	+	Assembly having cognizance of matters relating to children and 215
	277	+	appropriations.] 216
	278	+	Sec. 5. Subparagraph (B) of subdivision (1) of subsection (k) of section 217
	279	+	46b-129 of the general statutes is repealed and the following is 218
	280	+	substituted in lieu thereof (Effective from passage): 219
	281	+	(B) (i) If a child is at least twelve years of age, the child's permanency 220
	282	+	plan, and any revision to such plan, shall be developed in consultation 221
	283	+	with the child. In developing or revising such plan, the child may 222
	284	+	consult up to two individuals participating in the department's case 223
	285	+	plan regarding such child, neither of whom shall be the foster parent or 224
	286	+	caseworker of such child. One individual so selected by such child may 225
	287	+	be designated as the child's advisor for purposes of developing or 226
	288	+	revising the permanency plan. Regardless of the child's age, the 227
	289	+	commissioner shall provide not less than five days' advance written 228
	290	+	notice of any permanency team meeting concerning the child's 229
	291	+	permanency plan to an attorney or guardian ad litem appointed to 230
	292	+	represent the child pursuant to subsection (c) of this section. 231
	293	+	(ii) If a child is at least twelve years of age, the commissioner shall 232
	294	+	notify the parent or guardian, foster parent and child of any 233
	295	+	administrative case review regarding such child's commitment not less 234
	296	+	than five days prior to such review and shall make a reasonable effort 235
	297	+	to schedule such review at a time and location that allows the parent or 236
	298	+	guardian, foster parent and child to attend. 237
	299	+	(iii) If a child is at least twelve years of age, such child shall, whenever 238 Substitute Bill No. 872
362	300
363		-	education, child care, counseling, spiritual guidance, coaching, training,
364		-	instruction, tutoring or mentoring of such child or youth; [.]
365		-	(16) "Qualified residential treatment program" has the same meaning
366		-	as provided in the Social Security Act, 42 USC 672(k)(4), as amended
367		-	from time to time; and
368		-	(17) "Qualified individual" has the same meaning as provided in the
369		-	Social Security Act, 42 USC 675a(c)(1), as amended from time to time.
370		-	Sec. 7. (NEW) (Effective from passage) The Commissioner of Children
371		-	and Families shall adopt regulations in accordance with the provisions
372		-	of chapter 54 of the general statutes establishing standards for qualified
373		-	residential treatment programs and qualified individuals. Such
374		-	standards shall include, but not be limited to, (1) staffing at such
375		-	treatment programs, (2) the care and treatment of children cared for or
376		-	boarded in such treatment programs, (3) training and qualifications
377		-	required for a qualified individual, and (4) documentation
378		-	requirements. The commissioner may implement policies and
379		-	procedures consistent with the provisions of this section while the
380		-	commissioner is in the process of adopting such regulations, provided
381		-	the commissioner shall publish notice of intention to adopt regulations
382		-	on the eRegulations System not later than twenty days after the
383		-	implementation of such policies and procedures. Any such policies and
384		-	procedures shall be valid until such final regulations are effective.
385		-	Sec. 8. (NEW) (Effective from passage) (a) As used in this section,
386		-	"family" or "family member" means a person related to a child by birth,
387		-	marriage or other legal means, or a fictive kin caregiver, as defined in
388		-	section 17a-114 of the general statutes.
389		-	(b) On and after July 1, 2021, or upon approval by the federal
390		-	Administration for Children and Families of the Connecticut Family
391		-	First Prevention Plan developed by the Department of Children and Substitute Senate Bill No. 872
392	301
393		-	Public Act No. 21-140 13 of 16
	302	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-
	303	+	R01-SB.docx }
	304	+	9 of 16
394	305
395		-	Families, whichever is first, a child in the custody of the Commissioner
396		-	of Children and Families pursuant to section 46b-129 of the general
397		-	statutes, as amended by this act, who is placed in a qualified residential
398		-	treatment program, shall, not later than thirty days after such
399		-	placement, be assessed by a qualified individual designated by the
400		-	commissioner in accordance with the provisions of this section. Such
401		-	qualified individual shall (1) assess the strengths and needs of the child
402		-	using an age-appropriate, evidence-based, validated, functional
403		-	assessment tool approved by the Secretary of Health and Human
404		-	Services, (2) determine whether the needs of the child can be met by
405		-	family members or through placement in a foster family, and, if such
406		-	needs cannot be met, identify a setting that would provide the most
407		-	effective and appropriate level of care for the child in the least restrictive
408		-	environment and be consistent with the goals for the child as specified
409		-	in the permanency plan for the child, and (3) develop a list of child-
410		-	specific short-term and long-term mental and behavioral health goals.
411		-	A qualified individual shall work in conjunction with the child's family
412		-	permanency planning team while conducting an assessment under this
413		-	section.
414		-	(c) If the qualified individual conducting an assessment under this
415		-	section determines that a child should not be placed with family
416		-	members or in a foster family, the qualified individual shall specify in
417		-	writing why the needs of the child cannot be met by the child's family
418		-	or in a foster family, provided a shortage or lack of availability of foster
419		-	family homes shall not be an acceptable reason for a determination that
420		-	the child's needs cannot be met in a foster family. If the qualified
421		-	individual recommends that a child should be placed in a qualified
422		-	residential treatment program, the qualified individual shall further
423		-	specify in writing why placement in the qualified residential treatment
424		-	program will provide the child with the most effective and appropriate
425		-	level of care in the least restrictive environment and how such
426		-	placement is consistent with the goals specified in the permanency plan Substitute Senate Bill No. 872
	306	+	possible, identify not more than three adults with whom such child has 239
	307	+	a significant relationship and who may serve as a permanency resource. 240
	308	+	The identity of such adults shall be recorded in the case plan of such 241
	309	+	child. 242
	310	+	[(iv) Not later than January 1, 2016, and annually thereafter, the 243
	311	+	commissioner shall submit a report, in accordance with the provisions 244
	312	+	of section 11-4a, to the joint standing committees of the General 245
	313	+	Assembly having cognizance of matters relating to children and the 246
	314	+	judiciary, on the number of case plans in which children have identified 247
	315	+	adults with whom they have a significant relationship and who may 248
	316	+	serve as a permanency resource.] 249
	317	+	Sec. 6. Section 17a-93 of the general statutes is repealed and the 250
	318	+	following is substituted in lieu thereof (Effective from passage): 251
	319	+	As used in sections 17a-90 to 17a-121a, inclusive, [and] sections 17a-252
	320	+	145 to 17a-153, inclusive, and sections 7 and 8 of this act: 253
	321	+	(1) "Child" means any person under eighteen years of age, except as 254
	322	+	otherwise specified, or any person under twenty-one years of age who 255
	323	+	is in full-time attendance in a secondary school, a technical school, a 256
	324	+	college or a state-accredited job training program; 257
	325	+	(2) "Parent" means natural or adoptive parent; 258
	326	+	(3) "Adoption" means the establishment by court order of the legal 259
	327	+	relationship of parent and child; 260
	328	+	(4) "Guardianship" means guardianship, unless otherwise specified, 261
	329	+	of the person of a minor and refers to the obligation of care and control, 262
	330	+	the right to custody and the duty and authority to make major decisions 263
	331	+	affecting such minor's welfare, including, but not limited to, consent 264
	332	+	determinations regarding marriage, enlistment in the armed forces and 265
	333	+	major medical, psychiatric or surgical treatment; 266
	334	+	(5) "Termination of parental rights" means the complete severance by 267 Substitute Bill No. 872
427	335
428		-	Public Act No. 21-140 14 of 16
429	336
430		-	for the child. Such written assessment shall be submitted to the
431		-	commissioner.
432		-	(d) (1) On and after July 1, 2021, or upon approval by the federal
433		-	Administration for Children and Families of the Connecticut Family
434		-	First Prevention Plan developed by the Department of Children and
435		-	Families, whichever is first, the Commissioner of Children and Families,
436		-	not later than thirty-five days after the placement of a child who is in the
437		-	custody of the commissioner pursuant to section 46b-129 of the general
438		-	statutes, as amended by this act, in a qualified residential treatment
439		-	program, shall file a motion with the Superior Court that has venue over
440		-	such matter for review of the written assessment required pursuant to
441		-	subsection (c) of this section, unless such child has been discharged from
442		-	the qualified residential treatment program.
443		-	(2) Not later than fifteen days after a motion for review is filed
444		-	pursuant to subdivision (1) of this subsection, the court shall (A) review
445		-	the findings from the assessment of the child and the determination
446		-	made pursuant to subsection (b) of this section, and the written
447		-	assessment required pursuant to subsection (c) of this subsection; and
448		-	(B) determine whether the needs of the child can be met through
449		-	placement with a foster family and, if not, whether placement of the
450		-	child in the qualified residential treatment program provides the most
451		-	effective and appropriate level of care for the child in the least restrictive
452		-	environment and that such placement is consistent with the goals
453		-	specified in the permanency plan for the child. The purpose of the
454		-	determination made pursuant to subparagraph (B) of this subdivision
455		-	shall be solely for allowing the Commissioner of Children and Families
456		-	to receive foster care maintenance payments pursuant to Title IV-E of
457		-	the Social Security Act, as amended from time to time.
458		-	(e) Following the court's approval or disapproval pursuant to
459		-	subsection (d) of this section, the Commissioner of Children and
460		-	Families shall submit evidence to the court at any hearing held with Substitute Senate Bill No. 872
	337	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-
	338	+	R01-SB.docx }
	339	+	10 of 16
461	340
462		-	Public Act No. 21-140 15 of 16
	341	+	court order of the legal relationship, with all its rights and 268
	342	+	responsibilities, between the child and the child's parent or parents so 269
	343	+	that the child is free for adoption except it shall not affect the right of 270
	344	+	inheritance of such child or the religious affiliation of such child; 271
	345	+	(6) "Statutory parent" means the Commissioner of Children and 272
	346	+	Families or that child-placing agency appointed by the court for the 273
	347	+	purpose of giving a minor child or minor children in adoption; 274
	348	+	(7) "Child-placing agency" means any agency within or without the 275
	349	+	state of Connecticut licensed or approved by the Commissioner of 276
	350	+	Children and Families in accordance with sections 17a-149 and 17a-151, 277
	351	+	and in accordance with such standards which shall be established by 278
	352	+	regulations of the Department of Children and Families; 279
	353	+	(8) "Child care facility" means a congregate residential setting 280
	354	+	licensed by the Department of Children and Families for the out-of-281
	355	+	home placement of (A) children or youths under eighteen years of age, 282
	356	+	or (B) any person under twenty-one years of age who is in full-time 283
	357	+	attendance in a secondary school, a technical school, a college or state 284
	358	+	accredited job training program or is currently homeless or at risk of 285
	359	+	homelessness, as defined in section 17a-484a; 286
	360	+	(9) "Protective supervision" means a status created by court order 287
	361	+	following adjudication of neglect whereby a child's place of abode is not 288
	362	+	changed but assistance directed at correcting the neglect is provided at 289
	363	+	the request of the court through the Department of Children and 290
	364	+	Families or such other social agency as the court may specify; 291
	365	+	(10) "Receiving home" means a facility operated by the Department 292
	366	+	of Children and Families to receive and temporarily care for children in 293
	367	+	the guardianship or care of the commissioner; 294
	368	+	(11) "Protective services" means public welfare services provided 295
	369	+	after complaints of abuse, neglect or abandonment, but in the absence 296
	370	+	of an adjudication or assumption of jurisdiction by a court; 297 Substitute Bill No. 872
463	371
464		-	respect to a child that remains placed in a qualified residential treatment
465		-	program, (1) demonstrating that (A) ongoing assessment of the
466		-	strengths and needs of the child continues to support the determination
467		-	that the needs of the child cannot be met through placement in a foster
468		-	family, (B) the placement in the qualified residential treatment program
469		-	provides the most effective and appropriate level of care for the child in
470		-	the least restrictive environment, and (C) the placement is consistent
471		-	with the goals specified in the permanency plan for the child; (2)
472		-	documenting the specific treatment or service needs that will be met for
473		-	the child in the placement and the length of time the child is expected to
474		-	need such treatment or services; and (3) documenting efforts made by
475		-	the commissioner to prepare the child to return home or to be placed
476		-	with a family member, a legal guardian, an adoptive parent or in a foster
477		-	family.
478		-	Sec. 9. Subsection (a) of section 17a-4 of the general statutes is
479		-	repealed and the following is substituted in lieu thereof (Effective October
480		-	1, 2021):
481		-	(a) There shall be a State Advisory Council on Children and Families
482		-	which shall consist of [nineteen] twenty members as follows: (1)
483		-	[Thirteen] Fourteen members appointed by the Governor, including two
484		-	persons who are child care professionals, two persons eighteen to
485		-	twenty-five years of age, inclusive, served by the Department of
486		-	Children and Families, one child psychiatrist licensed to practice
487		-	medicine in this state, [and] one health care professional who has
488		-	expertise in children's health and is licensed in the state, one attorney
489		-	who has expertise in legal issues related to children and youth and seven
490		-	persons who shall be representative of young persons, parents and
491		-	others interested in the delivery of services to children and youths,
492		-	including child protection, behavioral health and prevention services, at
493		-	least four of whom shall be parents, foster parents or family members of
494		-	children who have received, or are receiving, behavioral health services Substitute Senate Bill No. 872
495	372
496		-	Public Act No. 21-140 16 of 16
	373	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-
	374	+	R01-SB.docx }
	375	+	11 of 16
497	376
498		-	or child welfare services; and (2) six members representing the regional
499		-	advisory councils established pursuant to section 17a-30, appointed one
500		-	each by the members of each council. [On and after October 1, 2014, no]
501		-	Not more than half the members of the council shall be persons who
502		-	receive income from a private practice or any public or private agency
503		-	that delivers mental health, substance abuse, child abuse prevention and
504		-	treatment or child welfare services. Members of the council shall serve
505		-	without compensation, except for necessary expenses incurred in the
506		-	performance of their duties. The Department of Children and Families
507		-	shall provide the council with funding to facilitate the participation of
508		-	those members representing families and youth, as well as for other
509		-	administrative support services. Members shall serve on the council for
510		-	terms of two years each and no member shall serve for more than three
511		-	consecutive terms. The commissioner shall be an ex-officio member of
512		-	the council without vote and shall attend its meetings. Any member
513		-	who fails to attend three consecutive meetings or fifty per cent of all
514		-	meetings during any calendar year shall be deemed to have resigned.
515		-	The council shall elect a chairperson and vice-chairperson to act in the
516		-	chairperson's absence.
517		-	Sec. 10. Section 17a-63 of the general statutes is repealed. (Effective
518		-	from passage)
	377	+	(12) "Person responsible for the health, welfare or care of a child or 298
	378	+	youth" means a child's or a youth's parent, guardian or foster parent; an 299
	379	+	employee of a public or private residential home, agency or institution 300
	380	+	or other person legally responsible in a residential setting; or any staff 301
	381	+	person providing out-of-home care, such as the provision of child care 302
	382	+	services, as described in section 19a-77, in a child care center, group 303
	383	+	child care home or family child care home; 304
	384	+	(13) "Foster family" means a person or persons, licensed by the 305
	385	+	Department of Children and Families or approved by a licensed child-306
	386	+	placing agency, for the care of a child or children in a private home; 307
	387	+	(14) "Prospective adoptive family" means a person or persons, 308
	388	+	licensed by the Department of Children and Families or approved by a 309
	389	+	licensed child-placing agency, who is awaiting the placement of, or who 310
	390	+	has a child or children placed in their home for the purposes of 311
	391	+	adoption; [and] 312
	392	+	(15) "Person entrusted with the care of a child or youth" means a 313
	393	+	person given access to a child or youth by a person responsible for the 314
	394	+	health, welfare or care of a child or youth for the purpose of providing 315
	395	+	education, child care, counseling, spiritual guidance, coaching, training, 316
	396	+	instruction, tutoring or mentoring of such child or youth; [.] 317
	397	+	(16) "Qualified residential treatment program" has the same meaning 318
	398	+	as provided in the Social Security Act, 42 USC 672(k)(4), as amended 319
	399	+	from time to time; and 320
	400	+	(17) "Qualified individual" has the same meaning as provided in the 321
	401	+	Social Security Act, 42 USC 675a(c)(1), as amended from time to time. 322
	402	+	Sec. 7. (NEW) (Effective from passage) The Commissioner of Children 323
	403	+	and Families shall adopt regulations in accordance with the provisions 324
	404	+	of chapter 54 of the general statutes establishing standards for qualified 325
	405	+	residential treatment programs and qualified individuals. Such 326
	406	+	standards shall include, but not be limited to, (1) staffing at such 327
	407	+	treatment programs, (2) the care and treatment of children cared for or 328 Substitute Bill No. 872
519	408
	409	+
	410	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-
	411	+	R01-SB.docx }
	412	+	12 of 16
	413	+
	414	+	boarded in such treatment programs, (3) training and qualifications 329
	415	+	required for a qualified individual, and (4) documentation 330
	416	+	requirements. The commissioner may implement policies and 331
	417	+	procedures consistent with the provisions of this section while the 332
	418	+	commissioner is in the process of adopting such regulations, provided 333
	419	+	the commissioner shall publish notice of intention to adopt regulations 334
	420	+	on the eRegulations System not later than twenty days after the 335
	421	+	implementation of such policies and procedures. Any such policies and 336
	422	+	procedures shall be valid until such final regulations are effective. 337
	423	+	Sec. 8. (NEW) (Effective from passage) (a) As used in this section, 338
	424	+	"family" or "family member" means a person related to a child by birth, 339
	425	+	marriage or other legal means, or a fictive kin caregiver, as defined in 340
	426	+	section 17a-114 of the general statutes. 341
	427	+	(b) On and after July 1, 2021, or upon approval by the federal 342
	428	+	Administration for Children and Families of the Connecticut Family 343
	429	+	First Prevention Plan developed by the Department of Children and 344
	430	+	Families, whichever is first, a child in the custody of the Commissioner 345
	431	+	of Children and Families pursuant to section 46b-129 of the general 346
	432	+	statutes, as amended by this act, who is placed in a qualified residential 347
	433	+	treatment program, shall, not later than thirty days after such 348
	434	+	placement, be assessed by a qualified individual designated by the 349
	435	+	commissioner in accordance with the provisions of this section. Such 350
	436	+	qualified individual shall (1) assess the strengths and needs of the child 351
	437	+	using an age-appropriate, evidence-based, validated, functional 352
	438	+	assessment tool approved by the Secretary of Health and Human 353
	439	+	Services, (2) determine whether the needs of the child can be met by 354
	440	+	family members or through placement in a foster family, and, if such 355
	441	+	needs cannot be met, identify a setting that would provide the most 356
	442	+	effective and appropriate level of care for the child in the least restrictive 357
	443	+	environment and be consistent with the goals for the child as specified 358
	444	+	in the permanency plan for the child, and (3) develop a list of child-359
	445	+	specific short-term and long-term mental and behavioral health goals. 360
	446	+	A qualified individual shall work in conjunction with the child's family 361 Substitute Bill No. 872
	447	+
	448	+
	449	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-
	450	+	R01-SB.docx }
	451	+	13 of 16
	452	+
	453	+	permanency planning team while conducting an assessment under this 362
	454	+	section. 363
	455	+	(c) If the qualified individual conducting an assessment under this 364
	456	+	section determines that a child should not be placed with family 365
	457	+	members or in a foster family, the qualified individual shall specify in 366
	458	+	writing why the needs of the child cannot be met by the child's family 367
	459	+	or in a foster family, provided a shortage or lack of availability of foster 368
	460	+	family homes shall not be an acceptable reason for a determination that 369
	461	+	the child's needs cannot be met in a foster family. If the qualified 370
	462	+	individual recommends that a child should be placed in a qualified 371
	463	+	residential treatment program, the qualified individual shall further 372
	464	+	specify in writing why placement in the qualified residential treatment 373
	465	+	program will provide the child with the most effective and appropriate 374
	466	+	level of care in the least restrictive environment and how such 375
	467	+	placement is consistent with the goals specified in the permanency plan 376
	468	+	for the child. Such written assessment shall be submitted to the 377
	469	+	commissioner. 378
	470	+	(d) (1) On and after July 1, 2021, or upon approval by the federal 379
	471	+	Administration for Children and Families of the Connecticut Family 380
	472	+	First Prevention Plan developed by the Department of Children and 381
	473	+	Families, whichever is first, the Commissioner of Children and Families, 382
	474	+	not later than thirty-five days after the placement of a child who is in the 383
	475	+	custody of the commissioner pursuant to section 46b-129 of the general 384
	476	+	statutes, as amended by this act, in a qualified residential treatment 385
	477	+	program, shall file a motion with the Superior Court that has venue over 386
	478	+	such matter for review of the written assessment required pursuant to 387
	479	+	subsection (c) of this section, unless such child has been discharged from 388
	480	+	the qualified residential treatment program. 389
	481	+	(2) Not later than fifteen days after a motion for review is filed 390
	482	+	pursuant to subdivision (1) of this subsection, the court shall (A) review 391
	483	+	the findings from the assessment of the child and the determination 392
	484	+	made pursuant to subsection (b) of this section, and the written 393
	485	+	assessment required pursuant to subsection (c) of this subsection; and 394 Substitute Bill No. 872
	486	+
	487	+
	488	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-
	489	+	R01-SB.docx }
	490	+	14 of 16
	491	+
	492	+	(B) determine whether the needs of the child can be met through 395
	493	+	placement with a foster family and, if not, whether placement of the 396
	494	+	child in the qualified residential treatment program provides the most 397
	495	+	effective and appropriate level of care for the child in the least restrictive 398
	496	+	environment and that such placement is consistent with the goals 399
	497	+	specified in the permanency plan for the child. The purpose of the 400
	498	+	determination made pursuant to subparagraph (B) of this subdivision 401
	499	+	shall be solely for allowing the Commissioner of Children and Families 402
	500	+	to receive foster care maintenance payments pursuant to Title IV-E of 403
	501	+	the Social Security Act, as amended from time to time. 404
	502	+	(e) Following the court's approval or disapproval pursuant to 405
	503	+	subsection (d) of this section, the Commissioner of Children and 406
	504	+	Families shall submit evidence to the court at any hearing held with 407
	505	+	respect to a child that remains placed in a qualified residential treatment 408
	506	+	program, (1) demonstrating that (A) ongoing assessment of the 409
	507	+	strengths and needs of the child continues to support the determination 410
	508	+	that the needs of the child cannot be met through placement in a foster 411
	509	+	family, (B) the placement in the qualified residential treatment program 412
	510	+	provides the most effective and appropriate level of care for the child in 413
	511	+	the least restrictive environment, and (C) the placement is consistent 414
	512	+	with the goals specified in the permanency plan for the child; (2) 415
	513	+	documenting the specific treatment or service needs that will be met for 416
	514	+	the child in the placement and the length of time the child is expected to 417
	515	+	need such treatment or services; and (3) documenting efforts made by 418
	516	+	the commissioner to prepare the child to return home or to be placed 419
	517	+	with a family member, a legal guardian, an adoptive parent or in a foster 420
	518	+	family. 421
	519	+	Sec. 9. Subsection (a) of section 17a-4 of the general statutes is 422
	520	+	repealed and the following is substituted in lieu thereof (Effective October 423
	521	+	1, 2021): 424
	522	+	(a) There shall be a State Advisory Council on Children and Families 425
	523	+	which shall consist of [nineteen] twenty members as follows: (1) 426
	524	+	[Thirteen] Fourteen members appointed by the Governor, including two 427 Substitute Bill No. 872
	525	+
	526	+
	527	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-
	528	+	R01-SB.docx }
	529	+	15 of 16
	530	+
	531	+	persons who are child care professionals, two persons eighteen to 428
	532	+	twenty-five years of age, inclusive, served by the Department of 429
	533	+	Children and Families, one child psychiatrist licensed to practice 430
	534	+	medicine in this state, [and] one health care professional who has 431
	535	+	expertise in children's health and is licensed in the state, one attorney 432
	536	+	who has expertise in legal issues related to children and youth and seven 433
	537	+	persons who shall be representative of young persons, parents and 434
	538	+	others interested in the delivery of services to children and youths, 435
	539	+	including child protection, behavioral health and prevention services, at 436
	540	+	least four of whom shall be parents, foster parents or family members of 437
	541	+	children who have received, or are receiving, behavioral health services 438
	542	+	or child welfare services; and (2) six members representing the regional 439
	543	+	advisory councils established pursuant to section 17a-30, appointed one 440
	544	+	each by the members of each council. [On and after October 1, 2014, no] 441
	545	+	Not more than half the members of the council shall be persons who 442
	546	+	receive income from a private practice or any public or private agency 443
	547	+	that delivers mental health, substance abuse, child abuse prevention and 444
	548	+	treatment or child welfare services. Members of the council shall serve 445
	549	+	without compensation, except for necessary expenses incurred in the 446
	550	+	performance of their duties. The Department of Children and Families 447
	551	+	shall provide the council with funding to facilitate the participation of 448
	552	+	those members representing families and youth, as well as for other 449
	553	+	administrative support services. Members shall serve on the council for 450
	554	+	terms of two years each and no member shall serve for more than three 451
	555	+	consecutive terms. The commissioner shall be an ex-officio member of 452
	556	+	the council without vote and shall attend its meetings. Any member 453
	557	+	who fails to attend three consecutive meetings or fifty per cent of all 454
	558	+	meetings during any calendar year shall be deemed to have resigned. 455
	559	+	The council shall elect a chairperson and vice-chairperson to act in the 456
	560	+	chairperson's absence. 457
	561	+	Sec. 10. Section 17a-63 of the general statutes is repealed. (Effective 458
	562	+	from passage) 459 Substitute Bill No. 872
	563	+
	564	+
	565	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00872-
	566	+	R01-SB.docx }
	567	+	16 of 16
	568	+
	569	+	This act shall take effect as follows and shall amend the following
	570	+	sections:
	571	+
	572	+	Section 1 July 1, 2021 46b-127(f)
	573	+	Sec. 2 July 1, 2021 17a-3(b)
	574	+	Sec. 3 July 1, 2021 17a-4(c)
	575	+	Sec. 4 from passage 17a-22bb
	576	+	Sec. 5 from passage 46b-129(k)(1)(B)
	577	+	Sec. 6 from passage 17a-93
	578	+	Sec. 7 from passage New section
	579	+	Sec. 8 from passage New section
	580	+	Sec. 9 October 1, 2021 17a-4(a)
	581	+	Sec. 10 from passage Repealer section
	582	+
	583	+	KID Joint Favorable Subst.
520	584