Connecticut 2022 Regular Session

Connecticut Senate Bill SB00308 Compare Versions

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4		-	Substitute Senate Bill No. 308
	7	+	General Assembly Substitute Bill No. 308
	8	+	February Session, 2022
5	9
6		-	Public Act No. 22-135
7	10
8	11
9	12		AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE
10	13		OF THE CHILD ADVOCATE.
11	14		Be it enacted by the Senate and House of Representatives in General
12	15		Assembly convened:
13	16
14		-	Section 1. Subsection (a) of section 46a-13l of the general statutes is
15		-	repealed and the following is substituted in lieu thereof (Effective July 1,
16		-	2022):
17		-	(a) The Child Advocate shall:
18		-	(1) Evaluate the delivery of services to children by state agencies and
19		-	those entities that provide services to children through funds provided
20		-	by the state;
21		-	(2) Review periodically the procedures established by any state
22		-	agency providing services to children to carry out the provisions of
23		-	sections 46a-13k to 46a-13p, inclusive, with a view toward the rights of
24		-	the children and recommend revisions to such procedures;
25		-	(3) Review complaints of persons concerning the actions of any state
26		-	or municipal agency providing services to children and of any entity
27		-	that provides services to children through funds provided by the state,
28		-	make appropriate referrals and investigate those where the Child
29		-	Advocate determines that a child or family may be in need of assistance Substitute Senate Bill No. 308
	17	+	Section 1. Section 46a-13k of the general statutes is repealed and the 1
	18	+	following is substituted in lieu thereof (Effective July 1, 2022): 2
	19	+	(a) (1) There is established, within the Office of Governmental 3
	20	+	Accountability established under section 1-300, an Office of the Child 4
	21	+	Advocate. The Governor, with the approval of the General Assembly, 5
	22	+	shall appoint a person with knowledge of the child welfare system and 6
	23	+	the legal system to fill the Office of the Child Advocate. Such person 7
	24	+	shall be qualified by training and experience to perform the duties of the 8
	25	+	office as set forth in section 46a-13l, as amended by this act. Upon any 9
	26	+	vacancy in the position of Child Advocate, the advisory committee 10
	27	+	established pursuant to section 46a-13r shall meet to consider and 11
	28	+	interview successor candidates and shall submit to the Governor a list 12
	29	+	of not fewer than three and not more than five of the most outstanding 13
	30	+	candidates, not later than sixty days after the occurrence of said vacancy, 14
	31	+	except that upon any vacancy in said position occurring after January 1, 15
	32	+	2012, but before June 15, 2012, the advisory committee shall submit such 16
	33	+	list to the Governor on or before July 31, 2012. Such list shall rank the 17
	34	+	candidates in the order of committee preference. Not later than eight 18
	35	+	weeks after receiving the list of candidates from the advisory committee, 19 Substitute Bill No. 308
30	36
31		-	Public Act No. 22-135 2 of 6
32	37
33		-	from the Child Advocate or that a systemic issue in the state's provision
34		-	of services to children is raised by the complaint;
35		-	(4) Pursuant to an investigation, provide assistance to a child or
36		-	family who the Child Advocate determines is in need of such assistance
37		-	including, but not limited to, advocating with an agency, provider or
38		-	others on behalf of the best interests of the child;
39		-	(5) Periodically review the facilities and procedures of any and all
40		-	institutions or residences, public or private, where a juvenile has been
41		-	placed by any agency or department;
42		-	(6) Recommend changes in state policies concerning children
43		-	including changes in the system of providing juvenile justice, child care,
44		-	foster care and treatment;
45		-	(7) Take all possible action including, but not limited to, conducting
46		-	programs of public education, undertaking legislative advocacy and
47		-	making proposals for systemic reform and formal legal action, in order
48		-	to secure and ensure the legal, civil and special rights of children who
49		-	reside in this state;
50		-	(8) Provide training and technical assistance to attorneys
51		-	representing children and guardians ad litem appointed by the Superior
52		-	Court;
53		-	(9) Periodically review the number of special needs children in any
54		-	foster care or permanent care facility and recommend changes in the
55		-	policies and procedures for the placement of such children;
56		-	(10) Serve or designate a person to serve as a member of the child
57		-	fatality review panel established in subsection (b) of this section;
58		-	(11) Take appropriate steps to advise the public of the services of the
59		-	Office of the Child Advocate, the purpose of the office and procedures Substitute Senate Bill No. 308
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61		-	Public Act No. 22-135 3 of 6
	42	+	the Governor shall designate a candidate for Child Advocate from 20
	43	+	among the choices on such list. If at any time any of the candidates 21
	44	+	withdraw from consideration prior to confirmation by the General 22
	45	+	Assembly, the designation shall be made from the remaining candidates 23
	46	+	on the list submitted to the Governor. If, not later than eight weeks after 24
	47	+	receiving the list, the Governor fails to designate a candidate from the 25
	48	+	list, the candidate ranked first shall receive the designation and be 26
	49	+	referred to the General Assembly for confirmation. If the General 27
	50	+	Assembly is not in session, the designated candidate shall serve as 28
	51	+	acting Child Advocate and be entitled to the compensation, privileges 29
	52	+	and powers of the Child Advocate until the General Assembly meets to 30
	53	+	take action on said appointment. The person appointed Child Advocate 31
	54	+	shall serve for a term of four years and may be reappointed, in 32
	55	+	accordance with the provisions of subdivision (2) of this subsection, or 33
	56	+	shall continue to hold office until such person's successor is appointed 34
	57	+	and qualified. Upon any vacancy in the position of Child Advocate and 35
	58	+	until such time as a candidate has been confirmed by the General 36
	59	+	Assembly or, if the General Assembly is not in session, has been 37
	60	+	designated by the Governor, the Associate Child Advocate shall serve 38
	61	+	as the acting Child Advocate and be entitled to the compensation, 39
	62	+	privileges and powers of the Child Advocate. 40
	63	+	(2) At the conclusion of the Child Advocate's four-year term, such 41
	64	+	person may submit a request for reappointment to the advisory 42
	65	+	committee. The advisory committee shall meet to consider such request 43
	66	+	for reappointment and may, not later than sixty days after receipt of 44
	67	+	such request for reappointment, submit to the Governor a 45
	68	+	recommendation that such person be reappointed. Not later than eight 46
	69	+	weeks after receiving such recommendation for reappointment from the 47
	70	+	advisory committee, the Governor may reappoint such person as the 48
	71	+	Child Advocate. If, not later than eight weeks after receiving such 49
	72	+	recommendation for reappointment, the Governor fails to reappoint 50
	73	+	such person, such person shall be referred to the General Assembly for 51
	74	+	confirmation. If the General Assembly is not in session, such person 52
	75	+	shall serve as acting Child Advocate and be entitled to the 53 Substitute Bill No. 308
62	76
63		-	to contact the office; [and]
64		-	(12) Prepare an in-depth report on conditions of confinement,
65		-	including, but not limited to, compliance with section 46a-152,
66		-	regarding children [twenty] twenty-one years of age or younger who
67		-	are held in secure detention or correctional confinement in any facility
68		-	operated by a state agency. Such report shall be submitted, in
69		-	accordance with the provisions of section 11-4a, to the joint standing
70		-	committee of the General Assembly having cognizance of matters
71		-	relating to children not later than March 1, 2017, and every two years
72		-	thereafter; and
73		-	(13) Present to the advisory committee, established pursuant to
74		-	section 46a-13r, as amended by this act, at least three times each year, a
75		-	report on the goals of and projects undertaken by the Office of the Child
76		-	Advocate, within available appropriations, that are consistent with the
77		-	responsibilities of the Child Advocate.
78		-	Sec. 2. Subsection (a) of section 46a-13m of the general statutes is
79		-	repealed and the following is substituted in lieu thereof (Effective July 1,
80		-	2022):
81		-	(a) Notwithstanding any provision of the general statutes concerning
82		-	the confidentiality of records and information, the Child Advocate may
83		-	request and shall have access to, including the right to promptly inspect
84		-	and copy, any records necessary to carry out the responsibilities of the
85		-	Child Advocate as provided in [subsection (a) of] section 46a-13l, as
86		-	amended by this act. Such records shall be provided to the Child
87		-	Advocate not later than fourteen days from the date of such request. If
88		-	the Child Advocate is denied access to any records necessary to carry
89		-	out said responsibilities, [he] the Child Advocate may issue a subpoena
90		-	for the production of such records as provided in subsection (c) of this
91		-	section. Substitute Senate Bill No. 308
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95		-	Sec. 3. Section 46a-13n of the general statutes is repealed and the
96		-	following is substituted in lieu thereof (Effective July 1, 2022):
97		-	(a) The name, address and other personally identifiable information
98		-	of a person who makes a complaint to the Child Advocate as provided
99		-	in section 46a-13l, as amended by this act, all information obtained or
100		-	generated by the office in the course of an investigation and all
101		-	confidential records obtained by the Child Advocate or a designee shall
102		-	be confidential and shall not be subject to disclosure under the Freedom
103		-	of Information Act or otherwise, except that such information and
104		-	records, other than confidential information concerning a pending law
105		-	enforcement investigation or a pending prosecution, may be disclosed
106		-	if the Child Advocate determines that disclosure is (1) in the general
107		-	public interest or (2) necessary to enable the Child Advocate to perform
108		-	his responsibilities under subsection (a) of section 46a-13l, as amended
109		-	by this act. If the Child Advocate determines that disclosure of
110		-	confidential information is not in the public interest but is necessary to
111		-	enable the Child Advocate to perform responsibilities under subsection
112		-	(a) of section 46a-13l, as amended by this act, or to identify, prevent or
113		-	treat the abuse or neglect of a child, the Child Advocate may disclose
114		-	such information to the appropriate agency responsible for the welfare
115		-	of such child or the legal representative for such child.
116		-	(b) No state or municipal agency or any agency or entity providing
117		-	publicly funded services shall discharge, or in any manner discriminate
118		-	or retaliate against, any employee who in good faith makes a complaint
119		-	to the Child Advocate or cooperates with the Office of the Child
120		-	Advocate in an investigation.
121		-	Sec. 4. Section 46a-13r of the general statutes is repealed and the
122		-	following is substituted in lieu thereof (Effective July 1, 2022):
123		-	(a) There is established an advisory committee to the Office of the
124		-	Child Advocate established under section 46a-13k. Said committee shall Substitute Senate Bill No. 308
	82	+	compensation, privileges and powers of the Child Advocate until the 54
	83	+	General Assembly meets to take action on such reappointment. 55
	84	+	(b) Notwithstanding any other provision of the general statutes, the 56
	85	+	Child Advocate shall act independently of any state department in the 57
	86	+	performance of the advocate's duties. 58
	87	+	(c) The Child Advocate may, within available funds, appoint such 59
	88	+	staff as may be deemed necessary provided, for the fiscal years ending 60
	89	+	June 30, 1996, and June 30, 1997, such staff shall not exceed one and one-61
	90	+	half full-time positions or the equivalent thereof. The duties of the staff 62
	91	+	may include the duties and powers of the Child Advocate if performed 63
	92	+	under the direction of the Child Advocate. 64
	93	+	(d) The General Assembly shall annually appropriate such sums as 65
	94	+	necessary for the payment of the salaries of the staff and for the payment 66
	95	+	of office expenses and other actual expenses incurred by the Child 67
	96	+	Advocate in the performance of his or her duties. Any legal or court fees 68
	97	+	obtained by the state in actions brought by the Child Advocate shall be 69
	98	+	deposited in the General Fund. 70
	99	+	(e) The Child Advocate shall annually submit, in accordance with the 71
	100	+	provisions of section 11-4a, to the Governor, the joint standing 72
	101	+	committees of the General Assembly having cognizance of matters 73
	102	+	relating to the judiciary, children and human services and the advisory 74
	103	+	committee established pursuant to section 46a-13r a detailed report 75
	104	+	analyzing the work of the Office of the Child Advocate. 76
	105	+	(f) Notwithstanding any other provision of the general statutes, the 77
	106	+	salary of the Child Advocate shall be equal to that established for 78
	107	+	executive pay plan salary group three by the Commissioner of 79
	108	+	Administrative Services, except that the Child Advocate shall not 80
	109	+	receive a salary less than that provided to a family support magistrate, 81
	110	+	as defined in section 46b-231. 82
	111	+	Sec. 2. Subsection (a) of section 46a-13l of the general statutes is 83
	112	+	repealed and the following is substituted in lieu thereof (Effective July 1, 84 Substitute Bill No. 308
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126		-	Public Act No. 22-135 5 of 6
127	114
128		-	prepare and submit to the Governor a list of candidates for appointment
129		-	of the Child Advocate. The advisory committee shall consist of seven
130		-	members as follows: (1) One appointed by the president pro tempore of
131		-	the Senate; (2) one appointed by the speaker of the House of
132		-	Representatives; (3) one appointed by the majority leader of the Senate;
133		-	(4) one appointed by the majority leader of the House of
134		-	Representatives; (5) one appointed by the minority leader of the Senate;
135		-	(6) one appointed by the minority leader of the House of
136		-	Representatives; and (7) one appointed by the Governor. The committee
137		-	shall select a chairperson who shall preside at meetings of the
138		-	committee. No member of the advisory committee shall be a person who
139		-	is a volunteer for, a board member of, or is employed by, any entity or
140		-	agency subject to the review of, or evaluation or monitoring by the Child
141		-	Advocate pursuant to section 46a-13l, as amended by this act, or is a
142		-	communicator lobbyist who pursuant to such lobbyist's registration
143		-	under chapter 10, lobbies on behalf of any entity or agency subject to the
144		-	review of, or evaluation or monitoring by the Child Advocate pursuant
145		-	to said section 46a-13l, as amended by this act. Each member of the
146		-	advisory committee shall serve a term of five years and may be
147		-	reappointed at the conclusion of such term. All initial appointments to
148		-	the advisory committee shall be made not later than September 1, 2011.
149		-	Each member of the advisory committee shall serve a five-year term
150		-	from July first of the year of their appointment. Any vacancy in the
151		-	membership of the committee shall be filled by the appointing authority
152		-	for the unexpired portion of the term.
153		-	(b) The advisory committee shall meet at least three times each year
154		-	with the Child Advocate, and the Child Advocate's staff, for the
155		-	purposes described in subdivision (13) of subsection (a) of section 46a-
156		-	13l, as amended by this act.
157		-	(c) The advisory committee shall provide for an annual evaluation of
158		-	the effectiveness of the Office of the Child Advocate. Substitute Senate Bill No. 308
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	119	+	2022): 85
	120	+	(a) The Child Advocate shall: 86
	121	+	(1) Evaluate the delivery of services to children by state agencies and 87
	122	+	those entities that provide services to children through funds provided 88
	123	+	by the state; 89
	124	+	(2) Review periodically the procedures established by any state 90
	125	+	agency providing services to children to carry out the provisions of 91
	126	+	sections 46a-13k to 46a-13p, inclusive, as amended by this act, with a 92
	127	+	view toward the rights of the children and recommend revisions to such 93
	128	+	procedures; 94
	129	+	(3) Review complaints of persons concerning the actions of any state 95
	130	+	or municipal agency providing services to children and of any entity 96
	131	+	that provides services to children through funds provided by the state, 97
	132	+	make appropriate referrals and investigate those where the Child 98
	133	+	Advocate determines that a child or family may be in need of assistance 99
	134	+	from the Child Advocate or that a systemic issue in the state's provision 100
	135	+	of services to children is raised by the complaint; 101
	136	+	(4) Pursuant to an investigation, provide assistance to a child or 102
	137	+	family who the Child Advocate determines is in need of such assistance 103
	138	+	including, but not limited to, advocating with an agency, provider or 104
	139	+	others on behalf of the best interests of the child; 105
	140	+	(5) Periodically review the facilities and procedures of any and all 106
	141	+	institutions or residences, public or private, where a juvenile has been 107
	142	+	placed by any agency or department; 108
	143	+	(6) Recommend changes in state policies concerning children 109
	144	+	including changes in the system of providing juvenile justice, child care, 110
	145	+	foster care and treatment; 111
	146	+	(7) Take all possible action including, but not limited to, conducting 112
	147	+	programs of public education, undertaking legislative advocacy and 113 Substitute Bill No. 308
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	153	+
	154	+	making proposals for systemic reform and formal legal action, in order 114
	155	+	to secure and ensure the legal, civil and special rights of children who 115
	156	+	reside in this state; 116
	157	+	(8) Provide training and technical assistance to attorneys 117
	158	+	representing children and guardians ad litem appointed by the Superior 118
	159	+	Court; 119
	160	+	(9) Periodically review the number of special needs children in any 120
	161	+	foster care or permanent care facility and recommend changes in the 121
	162	+	policies and procedures for the placement of such children; 122
	163	+	(10) Serve or designate a person to serve as a member of the child 123
	164	+	fatality review panel established in subsection (b) of this section; 124
	165	+	(11) Take appropriate steps to advise the public of the services of the 125
	166	+	Office of the Child Advocate, the purpose of the office and procedures 126
	167	+	to contact the office; [and] 127
	168	+	(12) Prepare an in-depth report on conditions of confinement, 128
	169	+	including, but not limited to, compliance with section 46a-152, 129
	170	+	regarding children [twenty] twenty-one years of age or younger who 130
	171	+	are held in secure detention or correctional confinement in any facility 131
	172	+	operated by a state agency. Such report shall be submitted, in 132
	173	+	accordance with the provisions of section 11-4a, to the joint standing 133
	174	+	committee of the General Assembly having cognizance of matters 134
	175	+	relating to children not later than March 1, 2017, and every two years 135
	176	+	thereafter; and 136
	177	+	(13) Present to the advisory committee, established pursuant to 137
	178	+	section 46a-13r, at least twice annually, a report on the goals of and 138
	179	+	projects undertaken by the Office of the Child Advocate, within 139
	180	+	available appropriations, that are consistent with the responsibilities of 140
	181	+	the Child Advocate. 141
	182	+	Sec. 3. Subsection (a) of section 46a-13m of the general statutes is 142
	183	+	repealed and the following is substituted in lieu thereof (Effective July 1, 143 Substitute Bill No. 308
	184	+
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	189	+
	190	+	2022): 144
	191	+	(a) Notwithstanding any provision of the general statutes concerning 145
	192	+	the confidentiality of records and information, the Child Advocate may 146
	193	+	request and shall have access to, including the right to promptly inspect 147
	194	+	and copy, any records necessary to carry out the responsibilities of the 148
	195	+	Child Advocate as provided in [subsection (a) of] section 46a-13l, as 149
	196	+	amended by this act. Such records shall be provided to the Child 150
	197	+	Advocate not later than fourteen days from the date of such request. If 151
	198	+	the Child Advocate is denied access to any records necessary to carry 152
	199	+	out said responsibilities, [he] the Child Advocate may issue a subpoena 153
	200	+	for the production of such records as provided in subsection (c) of this 154
	201	+	section. 155
	202	+	Sec. 4. Section 46a-13n of the general statutes is repealed and the 156
	203	+	following is substituted in lieu thereof (Effective July 1, 2022): 157
	204	+	(a) The name, address and other personally identifiable information 158
	205	+	of a person who makes a complaint to the Child Advocate as provided 159
	206	+	in section 46a-13l, as amended by this act, all information obtained or 160
	207	+	generated by the office in the course of an investigation and all 161
	208	+	confidential records obtained by the Child Advocate or a designee shall 162
	209	+	be confidential and shall not be subject to disclosure under the Freedom 163
	210	+	of Information Act or otherwise, except that such information and 164
	211	+	records, other than confidential information concerning a pending law 165
	212	+	enforcement investigation or a pending prosecution, may be disclosed 166
	213	+	if the Child Advocate determines that disclosure is (1) in the general 167
	214	+	public interest or (2) necessary to enable the Child Advocate to perform 168
	215	+	his responsibilities under subsection (a) of section 46a-13l, as amended 169
	216	+	by this act. If the Child Advocate determines that disclosure of 170
	217	+	confidential information is not in the public interest but is necessary to 171
	218	+	enable the Child Advocate to perform responsibilities under subsection 172
	219	+	(a) of section 46a-13l, as amended by this act, or to identify, prevent or 173
	220	+	treat the abuse or neglect of a child, the Child Advocate may disclose 174
	221	+	such information to the appropriate agency responsible for the welfare 175
	222	+	of such child or the legal representative for such child. 176 Substitute Bill No. 308
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	229	+	(b) No state or municipal agency or any agency or entity providing 177
	230	+	publicly funded services shall discharge, or in any manner discriminate 178
	231	+	or retaliate against, any employee who in good faith makes a complaint 179
	232	+	to the Child Advocate or cooperates with the Office of the Child 180
	233	+	Advocate in an investigation. 181
	234	+	This act shall take effect as follows and shall amend the following
	235	+	sections:
	236	+
	237	+	Section 1 July 1, 2022 46a-13k
	238	+	Sec. 2 July 1, 2022 46a-13l(a)
	239	+	Sec. 3 July 1, 2022 46a-13m(a)
	240	+	Sec. 4 July 1, 2022 46a-13n
	241	+
	242	+	Statement of Legislative Commissioners:
	243	+	In Section 2(a)(13), "advisory committee" was changed to "advisory
	244	+	committee, established pursuant to section 46a-13r," for clarity.
	245	+
	246	+	KID Joint Favorable Subst. -LCO
162	247