Substitute Senate Bill No. 872
Public Act No. 21-140
AN ACT CONCERNING THE DEPARTMENT OF CHILDREN AND
FAMILIES' RECOMMENDATIONS FOR REVISIONS TO THE
STATUTES CONCERNING CHILDREN.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (f) of section 46b-127 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(f) The transfer of a child to a Department of Correction facility shall
be limited as provided in subsection (e) of this section and said
subsection shall not be construed to permit the transfer of or otherwise
reduce or eliminate any other population of juveniles in detention or
confinement within the Judicial Department. [or the Department of
Children and Families.]
Sec. 2. Subsection (b) of section 17a-3 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(b) [(1) The department, with the assistance of the State Advisory
Council on Children and Families, and in consultation with
representatives of the children and families served by the department,
providers of services to children and families, advocates, and others Substitute Senate Bill No. 872
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interested in the well-being of children and families in this state, shall
develop and regularly update a single, comprehensive strategic plan for
meeting the needs of children and families served by the department. In
developing and updating the strategic plan, the department shall
identify and define agency goals and indicators of progress, including
benchmarks, in achieving such goals. The strategic plan shall include,
but not be limited to: (A) The department's mission statement; (B) the
expected results for the department and each of its mandated areas of
responsibility; (C) a schedule of action steps and a time frame for
achieving such results and fulfilling the department's mission that
includes strategies for working with other state agencies to leverage
resources and coordinate service delivery; (D) strategies, informed by
data on referrals, substantiations, removal, placements and retention, by
which the department shall identify racial and ethnic disparities within
child welfare practice and work to eliminate such disparities; (E)
priorities for services and estimates of the funding and other resources
necessary to carry them out; (F) standards for programs and services
that are based on research-based best practices, when available; and (G)
relevant measures of performance.
(2) The department shall begin the strategic planning process on July
1, 2009. The department shall hold regional meetings on the plan to
ensure public input and shall post the plan and the plan's updates and
progress reports on the department's web site. The department shall
submit the strategic plan to the State Advisory Council on Children and
Families for review and comment prior to its final submission to the
General Assembly and the Governor. On or before July 1, 2010, the
department shall submit the strategic plan, in accordance with section
11-4a, to the General Assembly and the Governor.
(3) The commissioner shall track and report on progress in achieving
the strategic plan's goals not later than October 1, 2010, and quarterly
thereafter, to said State Advisory Council. The commissioner shall Substitute Senate Bill No. 872
Public Act No. 21-140 3 of 16
submit a status report on progress in achieving the results in the
strategic plan, in accordance with section 11-4a, not later than July 1,
2011, and annually thereafter to the General Assembly, the joint
standing committee of the General Assembly having cognizance of
matters relating to children and the Governor.] Not later than July 1,
2021, the Commissioner of Children and Families shall submit, in
accordance with the provisions of section 11-4a, to the joint standing
committees of the General Assembly having cognizance of matters
relating to children and appropriations and the budgets of state agencies
and to the State Advisory Council of Children and Families the
following reports for which the commissioner most recently received
approval from the Administration for Children and Families pursuant
to federal law: (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.
Thereafter, the commissioner shall submit, in accordance with the
provisions of section 11-4a, to the joint standing committees of the
General Assembly having cognizance of matters relating to children and
appropriations and the budgets of state agencies and to the State
Advisory Council of Children and Families said reports not later than
thirty days after the Administration for Children and Families approves
the reports.
Sec. 3. Subsection (c) of section 17a-4 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(c) The duties of the council shall be to: (1) Recommend to the
commissioner programs, legislation or other matters which will
improve services for children and youths, including behavioral health
services; (2) annually review and advise the commissioner regarding the
proposed budget; (3) interpret to the community at large the policies,
duties and programs of the department; (4) issue any reports it deems Substitute Senate Bill No. 872
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necessary to the Governor and the Commissioner of Children and
Families; (5) [assist in the development of and] review and comment on
the [strategic plan developed by the department pursuant to] reports
described in subsection (b) of section 17a-3, as amended by this act; (6)
[receive on a quarterly basis from the commissioner a status report on
the department's progress in carrying out the strategic plan; (7)]
independently monitor the department's progress in achieving its goals
as expressed in [the strategic plan] such reports; and [(8)] (7) offer
assistance and provide an outside perspective to the department so that
it may be able to achieve the goals expressed in [the strategic plan] such
reports.
Sec. 4. Section 17a-22bb of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) [(1)] The Commissioner of Children and Families, in consultation
with representatives of the children and families served by the
department, including children at increased risk of involvement with
the juvenile justice system, providers of mental, emotional or behavioral
health services for such children and families, advocates, and others
interested in the well-being of children and families in this state, shall
develop a comprehensive implementation plan, across agency and
policy areas, for meeting the mental, emotional and behavioral health
needs of all children in the state, and preventing or reducing the long-
term negative impact of mental, emotional and behavioral health issues
on children. In developing the implementation plan, the department
shall include, at a minimum, the following strategies to prevent or
reduce the long-term negative impact of mental, emotional and
behavioral health issues on children:
[(A)] (1) Employing prevention-focused techniques, with an
emphasis on early identification and intervention;
[(B)] (2) Ensuring access to developmentally-appropriate services; Substitute Senate Bill No. 872
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[(C)] (3) Offering comprehensive care within a continuum of services;
[(D)] (4) Engaging communities, families and youths in the planning,
delivery and evaluation of mental, emotional and behavioral health care
services;
[(E)] (5) Being sensitive to diversity by reflecting awareness of race,
culture, religion, language and ability;
[(F)] (6) Establishing results-based accountability measures to track
progress towards the goals and objectives outlined in this section,
sections 17a-22cc, 17a-22dd and 17a-248h and section 7 of public act 13-
178;
[(G)] (7) Applying data-informed quality assurance strategies to
address mental, emotional and behavioral health issues in children;
[(H)] (8) Improving the integration of school and community-based
mental health services;
[(I)] (9) Enhancing early interventions, consumer input and public
information and accountability by [(i)] (A) in collaboration with the
Department of Public Health, increasing family and youth engagement
in medical homes; [(ii)] (B) in collaboration with the Department of
Social Services, increasing awareness of the 2-1-1 Infoline program; and
[(iii)] (C) in collaboration with each program that addresses the mental,
emotional or behavioral health of children within the state, insofar as
they receive public funds from the state, increasing the collection of data
on the results of each program, including information on issues related
to response times for treatment, provider availability and access to
treatment options; and
[(J)] (10) Identifying and addressing any increased risk of
involvement in the juvenile and criminal justice system attributable to
unmet mental, emotional and behavioral health needs of children. Substitute Senate Bill No. 872
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[(2) Not later than April 15, 2014, the commissioner shall submit and
present a status report on the progress of the implementation plan, in
accordance with section 11-4a, to the Governor and the joint standing
committees of the General Assembly having cognizance of matters
relating to children and appropriations.
(3) On or before October 1, 2014, the commissioner shall submit and
present the implementation plan, in accordance with section 11-4a, to
the Governor and the joint standing committees of the General
Assembly having cognizance of matters relating to children and
appropriations.
(4) On or before October 1, 2015, and biennially thereafter through
and including 2019, the department shall, in collaboration with the
Department of Education, Department of Social Services, Department of
Developmental Services, Office of Early Childhood, Department of
Public Health and Court Support Services Division of the Judicial
Branch, submit and present progress reports on the status of
implementation, and any data-driven recommendations to alter or
augment the implementation in accordance with section 11-4a, to the
Governor and the joint standing committees of the General Assembly
having cognizance of matters relating to children and appropriations.]
(b) Emergency mobile psychiatric service providers shall collaborate
with community-based mental health care agencies, school-based health
centers and the contracting authority for each local or regional board of
education throughout the state, utilizing a variety of methods,
including, but not limited to, memoranda of understanding, policy and
protocols regarding referrals and outreach and liaison between the
respective entities. These methods shall be designed to (1) improve
coordination and communication in order to enable such entities to
promptly identify and refer children with mental, emotional or
behavioral health issues to the appropriate treatment program, and (2)
plan for any appropriate follow-up with the child and family. Substitute Senate Bill No. 872
Public Act No. 21-140 7 of 16
(c) Local law enforcement agencies and local and regional boards of
education that employ or engage school resource officers shall,
provided federal funds are available, train school resource officers in
nationally recognized best practices to prevent students with mental
health issues from being victimized or disproportionately referred to the
juvenile justice system as a result of their mental health issues.
(d) The Department of Children and Families, in collaboration with
agencies that provide training for mental health care providers in urban,
suburban and rural areas, shall provide phased-in, ongoing training for
mental health care providers in evidence-based and trauma-informed
interventions and practices.
(e) The state shall seek existing public or private reimbursement for
(1) mental, emotional and behavioral health care services delivered in
the home and in elementary and secondary schools, and (2) mental,
emotional and behavioral health care services offered through the
Department of Social Services pursuant to the federal Early and Periodic
Screening, Diagnosis and Treatment Program under 42 USC 1396d.
[(f) On or before October 1, 2017, the Department of Children and
Families, in collaboration with the Judicial Branch and the Department
of Correction, shall submit a plan to prevent or reduce the negative
impact of mental, emotional and behavioral health issues on children
and youth twenty years of age or younger who are held in secure
detention or correctional confinement, in accordance with section 11-4a,
to the Governor and the joint standing committees of the General
Assembly having cognizance of matters relating to children and
appropriations.]
[(g)] (f) On or before October 1, 2017, and annually thereafter, the
Commissioner of Correction shall compile records regarding the
frequency and use of physical restraint and seclusion, as defined in
section 46a-150, on children and youth twenty years of age or younger Substitute Senate Bill No. 872
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who are in the custody of the commissioner at the John R. Manson Youth
Institution, Cheshire, and shall submit a report summarizing such
records, in accordance with the provisions of section 11-4a, to the joint
standing committee of the General Assembly having cognizance of
matters relating to children. Such report shall address the prior year and
shall indicate, at a minimum, the frequency that (1) physical restraint
was used as (A) an emergency intervention, and (B) a nonemergency
intervention, and (2) restricted housing or other types of administrative
segregation or seclusion were used at such facility.
[(h) On or before October 1, 2018, the Department of Children and
Families, in collaboration with the Children's Mental, Emotional and
Behavioral Health Plan Implementation Advisory Board, established
pursuant to section 17a-22f, shall submit recommendations for
addressing any unmet mental, emotional and behavioral health needs
of children that are attributed to an increased risk of involvement in the
juvenile and criminal justice systems, in accordance with section 11-4a,
to the Governor and the joint standing committees of the General
Assembly having cognizance of matters relating to children and
appropriations.]
Sec. 5. Subparagraph (B) of subdivision (1) of subsection (k) of section
46b-129 of the general statutes is repealed and the following is
substituted in lieu thereof (Effective from passage):
(B) (i) If a child is at least twelve years of age, the child's permanency
plan, and any revision to such plan, shall be developed in consultation
with the child. In developing or revising such plan, the child may
consult up to two individuals participating in the department's case
plan regarding such child, neither of whom shall be the foster parent or
caseworker of such child. One individual so selected by such child may
be designated as the child's advisor for purposes of developing or
revising the permanency plan. Regardless of the child's age, the
commissioner shall provide not less than five days' advance written Substitute Senate Bill No. 872
Public Act No. 21-140 9 of 16
notice of any permanency team meeting concerning the child's
permanency plan to an attorney or guardian ad litem appointed to
represent the child pursuant to subsection (c) of this section.
(ii) If a child is at least twelve years of age, the commissioner shall
notify the parent or guardian, foster parent and child of any
administrative case review regarding such child's commitment not less
than five days prior to such review and shall make a reasonable effort
to schedule such review at a time and location that allows the parent or
guardian, foster parent and child to attend.
(iii) If a child is at least twelve years of age, such child shall, whenever
possible, identify not more than three adults with whom such child has
a significant relationship and who may serve as a permanency resource.
The identity of such adults shall be recorded in the case plan of such
child.
[(iv) Not later than January 1, 2016, and annually thereafter, the
commissioner shall submit a report, in accordance with the provisions
of section 11-4a, to the joint standing committees of the General
Assembly having cognizance of matters relating to children and the
judiciary, on the number of case plans in which children have identified
adults with whom they have a significant relationship and who may
serve as a permanency resource.]
Sec. 6. Section 17a-93 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
As used in sections 17a-90 to 17a-121a, inclusive, [and] sections 17a-
145 to 17a-153, inclusive, and sections 7 and 8 of this act:
(1) "Child" means any person under eighteen years of age, except as
otherwise specified, or any person under twenty-one years of age who
is in full-time attendance in a secondary school, a technical school, a
college or a state-accredited job training program; Substitute Senate Bill No. 872
Public Act No. 21-140 10 of 16
(2) "Parent" means natural or adoptive parent;
(3) "Adoption" means the establishment by court order of the legal
relationship of parent and child;
(4) "Guardianship" means guardianship, unless otherwise specified,
of the person of a minor and refers to the obligation of care and control,
the right to custody and the duty and authority to make major decisions
affecting such minor's welfare, including, but not limited to, consent
determinations regarding marriage, enlistment in the armed forces and
major medical, psychiatric or surgical treatment;
(5) "Termination of parental rights" means the complete severance by
court order of the legal relationship, with all its rights and
responsibilities, between the child and the child's parent or parents so
that the child is free for adoption except it shall not affect the right of
inheritance of such child or the religious affiliation of such child;
(6) "Statutory parent" means the Commissioner of Children and
Families or that child-placing agency appointed by the court for the
purpose of giving a minor child or minor children in adoption;
(7) "Child-placing agency" means any agency within or without the
state of Connecticut licensed or approved by the Commissioner of
Children and Families in accordance with sections 17a-149 and 17a-151,
and in accordance with such standards which shall be established by
regulations of the Department of Children and Families;
(8) "Child care facility" means a congregate residential setting
licensed by the Department of Children and Families for the out-of-
home placement of (A) children or youths under eighteen years of age,
or (B) any person under twenty-one years of age who is in full-time
attendance in a secondary school, a technical school, a college or state
accredited job training program or is currently homeless or at risk of
homelessness, as defined in section 17a-484a; Substitute Senate Bill No. 872
Public Act No. 21-140 11 of 16
(9) "Protective supervision" means a status created by court order
following adjudication of neglect whereby a child's place of abode is not
changed but assistance directed at correcting the neglect is provided at
the request of the court through the Department of Children and
Families or such other social agency as the court may specify;
(10) "Receiving home" means a facility operated by the Department
of Children and Families to receive and temporarily care for children in
the guardianship or care of the commissioner;
(11) "Protective services" means public welfare services provided
after complaints of abuse, neglect or abandonment, but in the absence
of an adjudication or assumption of jurisdiction by a court;
(12) "Person responsible for the health, welfare or care of a child or
youth" means a child's or a youth's parent, guardian or foster parent; an
employee of a public or private residential home, agency or institution
or other person legally responsible in a residential setting; or any staff
person providing out-of-home care, such as the provision of child care
services, as described in section 19a-77, in a child care center, group
child care home or family child care home;
(13) "Foster family" means a person or persons, licensed by the
Department of Children and Families or approved by a licensed child-
placing agency, for the care of a child or children in a private home;
(14) "Prospective adoptive family" means a person or persons,
licensed by the Department of Children and Families or approved by a
licensed child-placing agency, who is awaiting the placement of, or who
has a child or children placed in their home for the purposes of
adoption; [and]
(15) "Person entrusted with the care of a child or youth" means a
person given access to a child or youth by a person responsible for the
health, welfare or care of a child or youth for the purpose of providing Substitute Senate Bill No. 872
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education, child care, counseling, spiritual guidance, coaching, training,
instruction, tutoring or mentoring of such child or youth; [.]
(16) "Qualified residential treatment program" has the same meaning
as provided in the Social Security Act, 42 USC 672(k)(4), as amended
from time to time; and
(17) "Qualified individual" has the same meaning as provided in the
Social Security Act, 42 USC 675a(c)(1), as amended from time to time.
Sec. 7. (NEW) (Effective from passage) The Commissioner of Children
and Families shall adopt regulations in accordance with the provisions
of chapter 54 of the general statutes establishing standards for qualified
residential treatment programs and qualified individuals. Such
standards shall include, but not be limited to, (1) staffing at such
treatment programs, (2) the care and treatment of children cared for or
boarded in such treatment programs, (3) training and qualifications
required for a qualified individual, and (4) documentation
requirements. The commissioner may implement policies and
procedures consistent with the provisions of this section while the
commissioner is in the process of adopting such regulations, provided
the commissioner shall publish notice of intention to adopt regulations
on the eRegulations System not later than twenty days after the
implementation of such policies and procedures. Any such policies and
procedures shall be valid until such final regulations are effective.
Sec. 8. (NEW) (Effective from passage) (a) As used in this section,
"family" or "family member" means a person related to a child by birth,
marriage or other legal means, or a fictive kin caregiver, as defined in
section 17a-114 of the general statutes.
(b) On and after July 1, 2021, or upon approval by the federal
Administration for Children and Families of the Connecticut Family
First Prevention Plan developed by the Department of Children and Substitute Senate Bill No. 872
Public Act No. 21-140 13 of 16
Families, whichever is first, a child in the custody of the Commissioner
of Children and Families pursuant to section 46b-129 of the general
statutes, as amended by this act, who is placed in a qualified residential
treatment program, shall, not later than thirty days after such
placement, be assessed by a qualified individual designated by the
commissioner in accordance with the provisions of this section. Such
qualified individual shall (1) assess the strengths and needs of the child
using an age-appropriate, evidence-based, validated, functional
assessment tool approved by the Secretary of Health and Human
Services, (2) determine whether the needs of the child can be met by
family members or through placement in a foster family, and, if such
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 goals for the child as specified
in the permanency plan for the child, and (3) develop a list of child-
specific short-term and long-term mental and behavioral health goals.
A qualified individual shall work in conjunction with the child's family
permanency planning team while conducting an assessment under this
section.
(c) If the qualified individual conducting an assessment under this
section determines that a child should not be placed with family
members or in a foster family, the qualified individual shall specify in
writing why the needs of the child cannot be met by the child's family
or in a foster family, provided a shortage or lack of availability of foster
family homes shall not be an acceptable reason for a determination that
the child's needs cannot be met in a foster family. If the qualified
individual recommends that a child should be placed in a qualified
residential treatment program, the qualified individual shall further
specify in writing why placement in the qualified residential treatment
program will provide the child with the most effective and appropriate
level of care in the least restrictive environment and how such
placement is consistent with the goals specified in the permanency plan Substitute Senate Bill No. 872
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for the child. Such written assessment shall be submitted to the
commissioner.
(d) (1) On and after July 1, 2021, or upon approval by the federal
Administration for Children and Families of the Connecticut Family
First Prevention Plan developed by the Department of Children and
Families, whichever is first, the Commissioner of Children and Families,
not later than thirty-five days after the placement of a child who is in the
custody of the commissioner pursuant to section 46b-129 of the general
statutes, as amended by this act, in a qualified residential treatment
program, shall file a motion with the Superior Court that has venue over
such matter for review of the written assessment required pursuant to
subsection (c) of this section, unless such child has been discharged from
the qualified residential treatment program.
(2) Not later than fifteen days after a motion for review is filed
pursuant to subdivision (1) of this subsection, the court shall (A) review
the findings from the assessment of the child and the determination
made pursuant to subsection (b) of this section, and the written
assessment required pursuant to subsection (c) of this subsection; and
(B) determine whether the needs of the child can be met through
placement with a foster family and, if not, whether placement of the
child in the qualified residential treatment program provides the most
effective and appropriate level of care for the child in the least restrictive
environment and that such placement is consistent with the goals
specified in the permanency plan for the child. The purpose of the
determination made pursuant to subparagraph (B) of this subdivision
shall be solely for allowing the Commissioner of Children and Families
to receive foster care maintenance payments pursuant to Title IV-E of
the Social Security Act, as amended from time to time.
(e) Following the court's approval or disapproval pursuant to
subsection (d) of this section, the Commissioner of Children and
Families shall submit evidence to the court at any hearing held with Substitute Senate Bill No. 872
Public Act No. 21-140 15 of 16
respect to a child that remains placed in a qualified residential treatment
program, (1) demonstrating that (A) ongoing assessment of the
strengths and needs of the child continues to support the determination
that the needs of the child cannot be met through placement in a foster
family, (B) the placement in the qualified residential treatment program
provides the most effective and appropriate level of care for the child in
the least restrictive environment, and (C) the placement is consistent
with the goals specified in the permanency plan for the child; (2)
documenting the specific treatment or service needs that will be met for
the child in the placement and the length of time the child is expected to
need such treatment or services; and (3) documenting efforts made by
the commissioner to prepare the child to return home or to be placed
with a family member, a legal guardian, an adoptive parent or in a foster
family.
Sec. 9. Subsection (a) of section 17a-4 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2021):
(a) There shall be a State Advisory Council on Children and Families
which shall consist of [nineteen] twenty members as follows: (1)
[Thirteen] Fourteen members appointed by the Governor, including two
persons who are child care professionals, two persons eighteen to
twenty-five years of age, inclusive, served by the Department of
Children and Families, one child psychiatrist licensed to practice
medicine in this state, [and] one health care professional who has
expertise in children's health and is licensed in the state, one attorney
who has expertise in legal issues related to children and youth and seven
persons who shall be representative of young persons, parents and
others interested in the delivery of services to children and youths,
including child protection, behavioral health and prevention services, at
least four of whom shall be parents, foster parents or family members of
children who have received, or are receiving, behavioral health services Substitute Senate Bill No. 872
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or child welfare services; and (2) six members representing the regional
advisory councils established pursuant to section 17a-30, appointed one
each by the members of each council. [On and after October 1, 2014, no]
Not more than half the members of the council shall be persons who
receive income from a private practice or any public or private agency
that delivers mental health, substance abuse, child abuse prevention and
treatment or child welfare services. Members of the council shall serve
without compensation, except for necessary expenses incurred in the
performance of their duties. The Department of Children and Families
shall provide the council with funding to facilitate the participation of
those members representing families and youth, as well as for other
administrative support services. Members shall serve on the council for
terms of two years each and no member shall serve for more than three
consecutive terms. The commissioner shall be an ex-officio member of
the council without vote and shall attend its meetings. Any member
who fails to attend three consecutive meetings or fifty per cent of all
meetings during any calendar year shall be deemed to have resigned.
The council shall elect a chairperson and vice-chairperson to act in the
chairperson's absence.
Sec. 10. Section 17a-63 of the general statutes is repealed. (Effective
from passage)