Substitute Senate Bill No. 308
Public Act No. 22-135
AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE
OF THE CHILD ADVOCATE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 46a-13l of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2022):
(a) The Child Advocate shall:
(1) Evaluate the delivery of services to children by state agencies and
those entities that provide services to children through funds provided
by the state;
(2) Review periodically the procedures established by any state
agency providing services to children to carry out the provisions of
sections 46a-13k to 46a-13p, inclusive, with a view toward the rights of
the children and recommend revisions to such procedures;
(3) Review complaints of persons concerning the actions of any state
or municipal agency providing services to children and of any entity
that provides services to children through funds provided by the state,
make appropriate referrals and investigate those where the Child
Advocate determines that a child or family may be in need of assistance Substitute Senate Bill No. 308
Public Act No. 22-135 2 of 6
from the Child Advocate or that a systemic issue in the state's provision
of services to children is raised by the complaint;
(4) Pursuant to an investigation, provide assistance to a child or
family who the Child Advocate determines is in need of such assistance
including, but not limited to, advocating with an agency, provider or
others on behalf of the best interests of the child;
(5) Periodically review the facilities and procedures of any and all
institutions or residences, public or private, where a juvenile has been
placed by any agency or department;
(6) Recommend changes in state policies concerning children
including changes in the system of providing juvenile justice, child care,
foster care and treatment;
(7) Take all possible action including, but not limited to, conducting
programs of public education, undertaking legislative advocacy and
making proposals for systemic reform and formal legal action, in order
to secure and ensure the legal, civil and special rights of children who
reside in this state;
(8) Provide training and technical assistance to attorneys
representing children and guardians ad litem appointed by the Superior
Court;
(9) Periodically review the number of special needs children in any
foster care or permanent care facility and recommend changes in the
policies and procedures for the placement of such children;
(10) Serve or designate a person to serve as a member of the child
fatality review panel established in subsection (b) of this section;
(11) Take appropriate steps to advise the public of the services of the
Office of the Child Advocate, the purpose of the office and procedures Substitute Senate Bill No. 308
Public Act No. 22-135 3 of 6
to contact the office; [and]
(12) Prepare an in-depth report on conditions of confinement,
including, but not limited to, compliance with section 46a-152,
regarding children [twenty] twenty-one years of age or younger who
are held in secure detention or correctional confinement in any facility
operated by a state agency. Such report shall be submitted, 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 not later than March 1, 2017, and every two years
thereafter; and
(13) Present to the advisory committee, established pursuant to
section 46a-13r, as amended by this act, at least three times each year, a
report on the goals of and projects undertaken by the Office of the Child
Advocate, within available appropriations, that are consistent with the
responsibilities of the Child Advocate.
Sec. 2. Subsection (a) of section 46a-13m of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2022):
(a) Notwithstanding any provision of the general statutes concerning
the confidentiality of records and information, the Child Advocate may
request and shall have access to, including the right to promptly inspect
and copy, any records necessary to carry out the responsibilities of the
Child Advocate as provided in [subsection (a) of] section 46a-13l, as
amended by this act. Such records shall be provided to the Child
Advocate not later than fourteen days from the date of such request. If
the Child Advocate is denied access to any records necessary to carry
out said responsibilities, [he] the Child Advocate may issue a subpoena
for the production of such records as provided in subsection (c) of this
section. Substitute Senate Bill No. 308
Public Act No. 22-135 4 of 6
Sec. 3. Section 46a-13n of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2022):
(a) The name, address and other personally identifiable information
of a person who makes a complaint to the Child Advocate as provided
in section 46a-13l, as amended by this act, all information obtained or
generated by the office in the course of an investigation and all
confidential records obtained by the Child Advocate or a designee shall
be confidential and shall not be subject to disclosure under the Freedom
of Information Act or otherwise, except that such information and
records, other than confidential information concerning a pending law
enforcement investigation or a pending prosecution, may be disclosed
if the Child Advocate determines that disclosure is (1) in the general
public interest or (2) necessary to enable the Child Advocate to perform
his responsibilities under subsection (a) of section 46a-13l, as amended
by this act. If the Child Advocate determines that disclosure of
confidential information is not in the public interest but is necessary to
enable the Child Advocate to perform responsibilities under subsection
(a) of section 46a-13l, as amended by this act, or to identify, prevent or
treat the abuse or neglect of a child, the Child Advocate may disclose
such information to the appropriate agency responsible for the welfare
of such child or the legal representative for such child.
(b) No state or municipal agency or any agency or entity providing
publicly funded services shall discharge, or in any manner discriminate
or retaliate against, any employee who in good faith makes a complaint
to the Child Advocate or cooperates with the Office of the Child
Advocate in an investigation.
Sec. 4. Section 46a-13r of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2022):
(a) There is established an advisory committee to the Office of the
Child Advocate established under section 46a-13k. Said committee shall Substitute Senate Bill No. 308
Public Act No. 22-135 5 of 6
prepare and submit to the Governor a list of candidates for appointment
of the Child Advocate. The advisory committee shall consist of seven
members as follows: (1) One appointed by the president pro tempore of
the Senate; (2) one appointed by the speaker of the House of
Representatives; (3) one appointed by the majority leader of the Senate;
(4) one appointed by the majority leader of the House of
Representatives; (5) one appointed by the minority leader of the Senate;
(6) one appointed by the minority leader of the House of
Representatives; and (7) one appointed by the Governor. The committee
shall select a chairperson who shall preside at meetings of the
committee. No member of the advisory committee shall be a person who
is a volunteer for, a board member of, or is employed by, any entity or
agency subject to the review of, or evaluation or monitoring by the Child
Advocate pursuant to section 46a-13l, as amended by this act, or is a
communicator lobbyist who pursuant to such lobbyist's registration
under chapter 10, lobbies on behalf of any entity or agency subject to the
review of, or evaluation or monitoring by the Child Advocate pursuant
to said section 46a-13l, as amended by this act. Each member of the
advisory committee shall serve a term of five years and may be
reappointed at the conclusion of such term. All initial appointments to
the advisory committee shall be made not later than September 1, 2011.
Each member of the advisory committee shall serve a five-year term
from July first of the year of their appointment. Any vacancy in the
membership of the committee shall be filled by the appointing authority
for the unexpired portion of the term.
(b) The advisory committee shall meet at least three times each year
with the Child Advocate, and the Child Advocate's staff, for the
purposes described in subdivision (13) of subsection (a) of section 46a-
13l, as amended by this act.
(c) The advisory committee shall provide for an annual evaluation of
the effectiveness of the Office of the Child Advocate. Substitute Senate Bill No. 308
Public Act No. 22-135 6 of 6