O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 22-135—sSB 308
Committee on Children
AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE
OF THE CHILD ADVOCATE
SUMMARY: This act makes several changes in laws related to the Office of the
Child Advocate (OCA). Specifically, it does the following:
1. expands the age range, from children ages 20 or younger to children ages
21 and under, for which the child advocate must report confinement
conditions;
2. requires the child advocate to report at least three times each year to the
OCA advisory committee on the office’s goals and projects, within
available appropriations, that are consistent with the child advocate’s
responsibilities;
3. requires the OCA advisory committee to (a) meet at least three times each
year with the child advocate and her staff to receive her reports and (b)
annually evaluate OCA’s effectiveness; and
4. extends existing law’s whistleblower protections that prohibit municipal
agencies from discharging, discriminating, or retaliating against employees
who make good faith complaints to OCA, or cooperate with OCA
investigations, to cover 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 act specifies that the child
advocate has the right to request and promptly inspect and copy these records.
Additionally, the act 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 she is
denied access to.
The act 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 a child’s
abuse or neglect. Under prior law, the child advocate could only disclose this
information to the appropriate agency responsible for the child’s welfare.
EFFECTIVE DATE: July 1, 2022
REPORTING ON YOUTH CONFINEMENT CONDITIONS
Prior law required the child advocate to prepare an in-depth report on the
conditions of confinement for children ages 20 or younger who are held in secure
detention or correctional confinement in any state-operated facility. The report
must address the facilities’ compliance with the law limiting the use of restraint and
seclusion. The act expands the age range of children for which the child advocate O L R P U B L I C A C T S U M M A R Y
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must report on to include children ages 21 and under. Under existing law, the child
advocate must submit the report biennially to the Children’s Committee.