Researcher: JC Page 1 3/28/22
OLR Bill Analysis
sSB 308
AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE
OF THE CHILD ADVOCATE.
SUMMARY
This bill makes several changes in laws related to the Office of the
Child Advocate (OCA). It:
1. establishes a reappointment process and compensation for the
child advocate;
2. expands the age range, from children age 20 or younger to
children age 21 and under, for which the child advocate must
report confinement conditions;
3. requires the child advocate to biannually report to the OCA
advisory committee on the office's goals and projects, within
available appropriations, that are consistent with the child
advocate’s responsibilities, and
4. extends whistleblower protections in existing law that prohibit
municipal agencies from discharging, discriminating, or
retaliating against employees who make good faith complaints to
OCA or cooperate with OCA investigations to employees of any
agency or entity providing publicly funded services.
Under existing law, the child advocate has the right to inspect and
copy any records necessary to carry out her responsibilities. The bill
specifies that the child advocate has the right to request and promptly
inspect and copy these records. Additionally, the bill requires requested
records to be provided to her within 14 days of the request. By law, the
child advocate may issue a subpoena for records they are denied access
to. 2022SB-00308-R000152-BA.DOCX
Researcher: JC Page 2 3/28/22
The bill also allows the child advocate to disclose confidential
information to a child's legal representative if the disclosure is necessary
to enable the child advocate to perform her responsibilities or to
identify, prevent, or treat the abuse or neglect of a child. Under current
law, the child advocate may only disclose this information to the
appropriate agency responsible for the welfare of such child.
EFFECTIVE DATE: July 1, 2022
CHILD ADVOCATE REAPPOINTMENT AND COMPENSATION
The bill allows the child advocate to submit a request for
reappointment to the OCA advisory committee at the end of her four-
year term. The advisory committee must meet to consider the request
and may submit a recommendation for reappointment to the governor
within sixty days of receiving it. The governor may reappoint the child
advocate within eight weeks of receiving the recommendation for
reappointment, and if he fails to reappoint the child advocate within this
time the child advocate will be referred to the General Assembly for
confirmation. If the General Assembly is not in session, the child
advocate will serve as acting child advocate and is entitled to the
compensation, privileges, and powers of the child advocate until the
General Assembly meets to act on the reappointment.
Under the bill, the child advocate receives a salary equal to the
executive pay plan salary group three established by the Commissioner
of Administrative Services. The bill specifies that the Child Advocate
cannot receive a salary less than that of a family support magistrate
(which statute sets at $143,060).
REPORTING ON YOUTH CONFINEMENT CONDITIONS
Under current law, the child advocate must prepare an in-depth
report on the conditions of confinement for children age 20 or younger
held in secure detention or correctional confinement in any state-
operated facility, including facilities’ compliance with the law limiting
the use of restraint and seclusion. The bill expands the age range of
children for which the child advocate must report on to include children
age 21 and under. Under existing law, the child advocate must submit 2022SB-00308-R000152-BA.DOCX
Researcher: JC Page 3 3/28/22
the report biennially to the Children’s Committee.
COMMITTEE ACTION
Committee on Children
Joint Favorable
Yea 10 Nay 3 (03/10/2022)