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General Assembly Substitute Bill No. 5382
February Session, 2024
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. Section 17a-4 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2024): 2
(a) There shall be a State Advisory Council on Children and Families 3
which shall consist of [twenty members as follows] the following 4
members: (1) [Fourteen] Nineteen members appointed by the Governor, 5
including two persons who are child care professionals, two persons 6
eighteen to twenty-five years of age, inclusive, served by the 7
Department of Children and Families, one child psychiatrist licensed to 8
practice medicine in this state, one health care professional who has 9
expertise in children's health and is licensed in the state, one attorney 10
who has expertise in legal issues related to children and youth, three 11
members of one or more Youth Advisory Boards, as defined in section 12
17a-10c, one member of an organization that advocates for the 13
protection and advancement of the legal rights of children, one member 14
of an organization that advocates for policies to promote child welfare 15
and seven persons who shall be representative of young persons, 16
parents and others interested in the delivery of services to children and 17
youths, including child protection, behavioral health and prevention 18 Substitute Bill No. 5382
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services, at least four of whom shall be parents, foster parents or family 19
members of children who have received, or are receiving, behavioral 20
health services or child welfare services; and (2) six members 21
representing the regional advisory councils established pursuant to 22
section 17a-30, appointed one each by the members of each council. Not 23
more than half the members of the council shall be persons who receive 24
income from a private practice or any public or private agency that 25
delivers mental health, substance abuse, child abuse prevention and 26
treatment or child welfare services. Members of the council shall serve 27
without compensation, except for necessary expenses incurred in the 28
performance of their duties. The Department of Children and Families 29
shall provide the council with funding to facilitate the participation of 30
those members representing families and youth, as well as for other 31
administrative support services. Members shall serve on the council for 32
terms of two years each and no member shall serve for more than three 33
consecutive terms. The commissioner shall be an ex-officio member of 34
the council without vote and shall attend its meetings. Any member 35
who fails to attend three consecutive meetings or fifty per cent of all 36
meetings during any calendar year shall be deemed to have resigned. 37
The council shall elect a chairperson and vice-chairperson to act in the 38
chairperson's absence. 39
(b) The council shall meet quarterly, and more often upon the call of 40
the chair or a majority of the members. The council's meetings shall be 41
held at locations that facilitate participation by members of the public, 42
and its agenda and minutes shall be posted on the department's web 43
site. A majority of the members in office, but not less than six members, 44
shall constitute a quorum. The council shall have complete access to all 45
records of the institutions and facilities of the department in furtherance 46
of its duties, while at all times protecting the right of privacy of all 47
individuals involved, as provided in section 17a-28, as amended by this 48
act. 49
(c) The duties of the council shall be to: (1) Recommend to the 50
commissioner programs, legislation or other matters which will 51 Substitute Bill No. 5382
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improve services for children and youths, including behavioral health 52
services; (2) annually review and advise the commissioner regarding the 53
proposed budget; (3) interpret to the community at large the policies, 54
duties and programs of the department; (4) issue any reports it deems 55
necessary to the Governor and the Commissioner of Children and 56
Families; (5) review and comment on the reports described in subsection 57
(b) of section 17a-3; (6) independently monitor the department's 58
progress in achieving its goals as expressed in such reports; [and] (7) 59
offer assistance and provide an outside perspective to the department 60
so that it may be able to achieve the goals expressed in such reports; (8) 61
conduct a quarterly review of departmental data pertaining to child 62
safety and well-being and permanency plans required pursuant to 63
section 17a-11; and (9) conduct an annual evaluation to determine the 64
extent to which the department is discharging its child protection 65
responsibilities under state and federal law. 66
(d) In implementing the duties described in subsection (c) of this 67
section, the council shall prioritize (1) the protection of children from 68
abuse and neglect by ensuring that the state maintains an effective plan 69
to prevent such abuse and neglect and divert children from foster care; 70
(2) the reduction and elimination of preventable child fatalities and the 71
unnecessary removal of children from their homes; (3) permanency and 72
stability in home placements for children, including, but not limited to, 73
the placement of children with family members whenever possible and 74
the successful transition from foster care of youth exiting the child 75
welfare system; (4) the reduction of disparate outcomes between 76
minority and other populations served by the child welfare system; (5) 77
the timely, appropriate and adequate provision of services to children 78
and families to meet the physical, mental health and developmental 79
needs of such children; and (6) collaboration among state agencies in 80
furtherance of the duties described in subsection (c) of this section. 81
Sec. 2. Section 17a-15a of the general statutes is repealed and the 82
following is substituted in lieu thereof (Effective July 1, 2024): 83
The Department of Children and Families shall include the following 84 Substitute Bill No. 5382
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information in each document of the department entitled study in 85
support of permanency plan and status report for permanency planning 86
team, except when otherwise directed by the Juvenile Court: (1) A 87
description of any problems or offenses that necessitated the placement 88
of the child with the department; (2) a description of the type and an 89
analysis of the effectiveness of the care, treatment and supervision that 90
the department has provided for the child; (3) for each child in substitute 91
care, the current visitation schedule between the child and his or her 92
parents and siblings; (4) a description of every effort taken by the 93
department to reunite the child with a parent or to find a permanent 94
placement for the child, including, where applicable, every effort to 95
assist each parent in remedying factors that contributed to the removal 96
of the child from the home; (5) a proposed timetable for reunification of 97
the child and a parent, a permanent placement if continued substitute 98
care is recommended or a justification of why extended substitute care 99
is necessary; [and] (6) whether the child has been visited no less 100
frequently than every three months by a state or private agency if the 101
child has been placed in foster care outside this state; (7) the dates of 102
administrative case review meetings and permanency team meetings; 103
(8) whether the department has received or obtained the most up-to-104
date information concerning the child's medical, dental, developmental, 105
educational and treatment needs from any relevant service providers; 106
(9) whether the child has received services recommended by any such 107
providers, and a description of any concerns identified by such 108
providers; (10) a description of (A) any new report alleging abuse or 109
neglect pertaining to the child or a parent of the child received pursuant 110
to section 17a-103a, (B) whether such report resulted in an investigation, 111
(C) the findings of any such investigation, and (D) any new criminal 112
charges made against any such parent as a result of any such 113
investigation; (11) for any child in the care and custody of the 114
department, whether the child was placed in a licensed home or home 115
eligible for licensure pursuant to section 17a-114, and whether any 116
applicable waivers have been obtained pursuant to said section; and (12) 117
for any child under three years of age, whether the child was screened 118
for developmental and social-emotional delays pursuant to section 17a-119 Substitute Bill No. 5382
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106e, whether any such delays were identified and, if so, whether the 120
child was referred to the birth-to-three program pursuant to said 121
section. 122
Sec. 3. Subsection (g) of section 17a-28 of the 2024 supplement to the 123
general statutes is amended by adding subdivision (34) as follows 124
(Effective July 1, 2024): 125
(NEW) (34) Any individual, when the information concerns an 126
incident of abuse or neglect that resulted in the fatality or near fatality 127
of a child or youth, provided (A) such disclosure shall be limited to the 128
age and gender of such child or youth and descriptions of reports of or 129
investigations into child abuse or neglect that are relevant to such 130
fatality or near fatality, including the findings of any such investigations 131
and any actions commenced or services provided by the department 132
pursuant to any such reports or investigations, and (B) the department 133
shall not make any disclosure that is prohibited by the provisions of any 134
relevant federal law, including, but not limited to, Titles IV-B and IV-E 135
of the Social Security Act, as amended from time to time. The 136
department may withhold the disclosure of any records described in 137
this subdivision if the commissioner determines that such disclosure 138
may (i) result in harm to the safety or well-being of the child or youth 139
who is the subject of such records, the family of such child or youth, or 140
any individual who made a report of abuse or neglect pertaining to such 141
child or youth, or (ii) interfere with a pending criminal investigation. 142
Sec. 4. Subsection (h) of section 17a-28 of the 2024 supplement to the 143
general statutes is repealed and the following is substituted in lieu 144
thereof (Effective July 1, 2024): 145
(h) The department may, subject to subsections (b) and (c) of this 146
section, disclose records without the consent of the person who is the 147
subject of the record, to: 148
(1) An employee or former employee of the department or such 149
employee or former employee's authorized representative for purposes 150 Substitute Bill No. 5382
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of participating in any court, administrative or disciplinary proceeding, 151
provided such disclosure shall be limited to records that are necessary 152
to the proceeding, as determined by the department; 153
(2) Multidisciplinary teams, as described in section 17a-106a; 154
(3) A provider of professional services for a child, youth or parent 155
referred to such provider, provided such disclosure is limited to 156
information necessary to provide services to the child, youth or parent; 157
(4) An individual or agency under contract with the department for 158
the purposes of identifying and assessing a potential foster or adoptive 159
home or visiting resource for a child or youth, provided no information 160
identifying a biological parent of a child or youth is disclosed without 161
the permission of such biological parent; 162
(5) A physician examining a child with respect to whom abuse or 163
neglect is suspected and who is authorized pursuant to section 17a-101f 164
to keep the child in the custody of a hospital when such physician 165
requires the information in a record of the department to determine 166
whether to keep the child in protective custody; 167
(6) An individual who reports child abuse or neglect pursuant to 168
sections 17a-101a to 17a-101c, inclusive, or section 17a-103, who made a 169
report of abuse or neglect, provided the information disclosed is limited 170
to (A) the status of the investigation conducted pursuant to section 17a-171
101g resulting from the individual's report; and (B) in general terms, the 172
action taken by the department as a result of such investigation; 173
(7) An individual or organization engaged in the business of medical, 174
psychological or psychiatric diagnosis and treatment and who is 175
treating a person, provided the commissioner, or the commissioner's 176
designee, determines that the disclosure is necessary to accomplish the 177
objectives of diagnosis or treatment; 178
(8) A court or public agency in another state or a federally recognized 179
Indian tribe, that is responsible for investigating child abuse or neglect, 180 Substitute Bill No. 5382
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preventing child abuse and neglect or providing services to families at 181
risk for child abuse or neglect, for the purpose of such investigation, 182
prevention or providing services to such families; 183
(9) An individual conducting bona fide research, provided no 184
information identifying the subject of the record is disclosed unless (A) 185
such information is essential to the purpose of the research; and (B) the 186
department has given written approval for the use of such information; 187
(10) An individual or agency involved in the collection of fees for 188
services, provided such information is limited to the name and address 189
of the person who received the services and the fees for services, except 190
as provided in section 17b-225. In cases where a dispute arises over such 191
fees or claims or where additional information is needed to substantiate 192
the fee or claim, the Department of Children and Families may disclose 193
the following: (A) That the person was, in fact, provided services by the 194
department; (B) the dates and duration of such services; and (C) a 195
general description of the types of services, including evidence that a 196
service or treatment plan exists and has been carried out and evidence 197
to substantiate the necessity for admission and length of stay in an 198
institution or facility; 199
(11) A law enforcement officer or state's attorney if there is reasonable 200
cause to believe that (A) a child or youth is being abused or neglected or 201
at risk of being abused or neglected as a result of any suspected criminal 202
activity by any individual, or (B) an employee of the department is being 203
threatened or harassed or has been assaulted by a client or coworker; 204
(12) Any individual interviewed as part of an investigation 205
conducted pursuant to section 17a-101g, who is not otherwise entitled 206
to such information, provided such disclosure is limited to: (A) The 207
general nature of the allegations contained in the reports; (B) the identity 208
of the child or youth alleged to have been abused or neglected; and (C) 209
information necessary to effectively conduct the investigation; 210
(13) Any individual, when information concerning an incident of 211 Substitute Bill No. 5382
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child abuse or neglect has been made public or the commissioner 212
reasonably believes publication of such information is likely, provided 213
such disclosure is limited to: (A) Whether the department has received 214
any report in accordance with sections 17a-101a to 17a-101c, inclusive, 215
or section 17a-103; (B) in general terms, any action taken by the 216
department, provided: (i) Names or other individually identifiable 217
information of the child or other family members is not disclosed, 218
regardless of whether such individually identifiable information is 219
otherwise available, and (ii) the name or other individually identifiable 220
information of the person suspected to be responsible for the abuse or 221
neglect is not disclosed unless such person has been arrested for a crime 222
due to such abuse or neglect; (C) confirmation or denial of the accuracy 223
of information that has been made public; and (D) notwithstanding the 224
provisions of section 46b-124, in general terms, the legal status of the 225
case; 226
(14) Any individual for the purpose of locating such individual's 227
missing parent, child, sibling, aunt, uncle, first cousin or grandparent, 228
provided such disclosure is limited to information that assists in 229
locating such missing parent, child, sibling, aunt, uncle, first cousin or 230
grandparent; 231
[(15) Any individual, when the information concerns an incident of 232
abuse or neglect that resulted in a child or youth fatality or near fatality 233
of a child or youth, provided disclosure of such information is in general 234
terms and does not jeopardize a pending investigation;] 235
[(16)] (15) A judge of a court of competent jurisdiction whenever an 236
employee of the department is subpoenaed and ordered to testify about 237
such records for purposes of in camera inspection to determine if such 238
records may be disclosed pursuant to this section if (A) the court has 239
ordered that such records be provided to the court; or (B) a party to the 240
proceeding has issued a subpoena for such records; and 241
[(17)] (16) An individual who is not employed by the department who 242
arranges, performs or assists in performing functions or activities on 243 Substitute Bill No. 5382
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behalf of the department, including, but not limited to, data analysis, 244
processing or administration, utilization reviews, quality assurance, 245
practice management, consultation, data aggregation and accreditation 246
services. 247
Sec. 5. Subsection (j) of section 46b-129 of the general statutes is 248
repealed and the following is substituted in lieu thereof (Effective July 1, 249
2024): 250
(j) (1) For the purposes of this subsection and subsection (k) of this 251
section, (A) "permanent legal guardianship" means a permanent 252
guardianship, as defined in section 45a-604, [and] (B) "caregiver" means 253
(i) a fictive kin caregiver, as defined in section 17a-114, who is caring for 254
a child, (ii) a relative caregiver, as defined in section 17a-126, who is 255
caring for a child, or (iii) a person who is licensed or approved to 256
provide foster care pursuant to section 17a-114, who is caring for a child, 257
and (C) "trial home placement" means the temporary placement of a 258
child or youth committed to the Commissioner of Children and Families 259
in the home of such child's or youth's parent or guardian. 260
(2) Upon finding and adjudging that any child or youth is uncared 261
for, neglected or abused the court may (A) commit such child or youth 262
to the Commissioner of Children and Families, and such commitment 263
shall remain in effect until further order of the court, except that such 264
commitment may be revoked or parental rights terminated at any time 265
by the court; (B) vest such child's or youth's legal guardianship in any 266
private or public agency that is permitted by law to care for neglected, 267
uncared for or abused children or youths or with any other person or 268
persons found to be suitable and worthy of such responsibility by the 269
court, including, but not limited to, any relative of such child or youth 270
by blood or marriage; (C) vest such child's or youth's permanent legal 271
guardianship in any person or persons found to be suitable and worthy 272
of such responsibility by the court, including, but not limited to, any 273
relative of such child or youth by blood or marriage in accordance with 274
the requirements set forth in subdivision [(5)] (6) of this subsection; or 275
(D) place the child or youth in the custody of the parent or guardian 276 Substitute Bill No. 5382
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with protective supervision by the Commissioner of Children and 277
Families subject to conditions established by the court. 278
(3) If the court approves a permanency plan filed with the court that 279
recommends the reunification of the child or youth with such child's or 280
youth's parent or guardian, the Commissioner of Children and Families 281
may, with the agreement of all parties of record, authorize a trial home 282
placement prior to the revocation of the order of commitment pertaining 283
to such child or youth. The commissioner shall (A) provide the court 284
and all parties of record written notice of the commissioner's intent to 285
authorize any such trial home placement not later than fifteen days prior 286
to such authorization; (B) create a trial home placement plan that shall 287
be provided to all parties of record, and include, but need not be limited 288
to, announced and unannounced visits to the home by the department 289
and the provision of any services during such trial home placement that 290
the commissioner determines are necessary to promote the child's or 291
youth's well-being; and (C) file a motion for revocation of commitment 292
not later than thirty days after the date such trial home placement 293
commences, unless the commissioner determines that reunification is no 294
longer in the child's or youth's best interests. 295
[(3)] (4) If the court determines that the commitment should be 296
revoked and the child's or youth's legal guardianship or permanent 297
legal guardianship should vest in someone other than the respondent 298
parent, parents or former guardian, or if parental rights are terminated 299
at any time, there shall be a rebuttable presumption that an award of 300
legal guardianship or permanent legal guardianship upon revocation 301
to, or adoption upon termination of parental rights by, any caregiver or 302
person or who is, pursuant to an order of the court, the temporary 303
custodian of the child or youth at the time of the revocation or 304
termination, shall be in the best interests of the child or youth and that 305
such caregiver is a suitable and worthy person to assume legal 306
guardianship or permanent legal guardianship upon revocation or to 307
adopt such child or youth upon termination of parental rights. The 308
presumption may be rebutted by a preponderance of the evidence that 309 Substitute Bill No. 5382
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an award of legal guardianship or permanent legal guardianship to, or 310
an adoption by, such caregiver would not be in the child's or youth's 311
best interests and such caregiver is not a suitable and worthy person. 312
The court shall order specific steps that the parent must take to facilitate 313
the return of the child or youth to the custody of such parent. 314
[(4)] (5) The commissioner shall be the guardian of such child or 315
youth for the duration of the commitment, provided the child or youth 316
has not reached the age of eighteen years, or until another guardian has 317
been legally appointed, and in like manner, upon such vesting of the 318
care of such child or youth, such other public or private agency or 319
individual shall be the guardian of such child or youth until such child 320
or youth has reached the age of eighteen years or, in the case of a child 321
or youth in full-time attendance in a secondary school, a technical 322
education and career school, a college or a state-accredited job training 323
program, until such child or youth has reached the age of twenty-one 324
years or until another guardian has been legally appointed. The 325
commissioner may place any child or youth so committed to the 326
commissioner in a suitable foster home or in the home of a fictive kin 327
caregiver, relative caregiver, or in a licensed child-caring institution or 328
in the care and custody of any accredited, licensed or approved child-329
caring agency, within or without the state, provided a child shall not be 330
placed outside the state except for good cause and unless the parents or 331
guardian of such child are notified in advance of such placement and 332
given an opportunity to be heard, or in a receiving home maintained 333
and operated by the commissioner. When placing such child or youth, 334
the commissioner shall provide written notification of the placement, 335
including the name, address and other relevant contact information 336
relating to the placement, to any attorney or guardian ad litem 337
appointed to represent the child or youth pursuant to subsection (c) of 338
this section. The commissioner shall provide written notification to such 339
attorney or guardian ad litem of any change in placement of such child 340
or youth, including a hospitalization or respite placement, and if the 341
child or youth absconds from care. The commissioner shall provide such 342
written notification not later than ten business days prior to the date of 343 Substitute Bill No. 5382
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change of placement in a nonemergency situation, or not later than two 344
business days following the date of a change of placement in an 345
emergency situation. In placing such child or youth, the commissioner 346
shall, if possible, select a home, agency, institution or person of like 347
religious faith to that of a parent of such child or youth, if such faith is 348
known or may be ascertained by reasonable inquiry, provided such 349
home conforms to the standards of the commissioner and t he 350
commissioner shall, when placing siblings, if possible, place such 351
children together. At least ten days prior to transferring a child or youth 352
to a second or subsequent placement, the commissioner shall give 353
written notice to such child or youth and such [child] child's or youth's 354
attorney of said commissioner's intention to make such transfer, unless 355
an emergency or risk to such [child] child's or youth's well-being 356
necessitates the immediate transfer of such child and renders such 357
notice impossible. Upon the issuance of an order committing the child 358
or youth to the commissioner, or not later than sixty days after the 359
issuance of such order, the court shall determine whether the 360
department made reasonable efforts to keep the child or youth with his 361
or her parents or guardian prior to the issuance of such order and, if 362
such efforts were not made, whether such reasonable efforts were not 363
possible, taking into consideration the child's or youth's best interests, 364
including the child's or youth's health and safety. 365
[(5)] (6) A youth who is committed to the commissioner pursuant to 366
this subsection and has reached eighteen years of age may remain in the 367
care of the commissioner, by consent of the youth and provided the 368
youth has not reached the age of twenty-one years of age, if the youth is 369
(A) enrolled in a full-time approved secondary education program or an 370
approved program leading to an equivalent credential; (B) enrolled full 371
time in an institution which provides postsecondary or vocational 372
education; or (C) participating full time in a program or activity 373
approved by said commissioner that is designed to promote or remove 374
barriers to employment. The commissioner, in [his or her] the 375
commissioner's discretion, may waive the provision of full-time 376
enrollment or participation based on compelling circumstances. Not 377 Substitute Bill No. 5382
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more than one hundred twenty days after the youth's eighteenth 378
birthday, the department shall file a motion in the superior court for 379
juvenile matters that had jurisdiction over the youth's case prior to the 380
youth's eighteenth birthday for a determination as to whether 381
continuation in care is in the youth's best interest and, if so, whether 382
there is an appropriate permanency plan. The court, in its discretion, 383
may hold a hearing on said motion. 384
[(6)] (7) Prior to issuing an order for permanent legal guardianship, 385
the court shall provide notice to each parent that the parent may not file 386
a motion to terminate the permanent legal guardianship, or the court 387
shall indicate on the record why such notice could not be provided, and 388
the court shall find by clear and convincing evidence that the permanent 389
legal guardianship is in the best interests of the child or youth and that 390
the following have been proven by clear and convincing evidence: 391
(A) One of the statutory grounds for termination of parental rights 392
exists, as set forth in subsection (j) of section 17a-112, or the parents have 393
voluntarily consented to the establishment of the permanent legal 394
guardianship; 395
(B) Adoption of the child or youth is not possible or appropriate; 396
(C) (i) If the child or youth is at least twelve years of age, such child 397
or youth consents to the proposed permanent legal guardianship, or (ii) 398
if the child is under twelve years of age, the proposed permanent legal 399
guardian is: (I) A relative, (II) a caregiver, or (III) already serving as the 400
permanent legal guardian of at least one of the child's siblings, if any; 401
(D) The child or youth has resided with the proposed permanent 402
legal guardian for at least a year; and 403
(E) The proposed permanent legal guardian is (i) a suitable and 404
worthy person, and (ii) committed to remaining the permanent legal 405
guardian and assuming the right and responsibilities for the child or 406
youth until the child or youth attains the age of majority. 407 Substitute Bill No. 5382
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[(7)] (8) An order of permanent legal guardianship may be reopened 408
and modified and the permanent legal guardian removed upon the 409
filing of a motion with the court, provided it is proven by a fair 410
preponderance of the evidence that the permanent legal guardian is no 411
longer suitable and worthy. A parent may not file a motion to terminate 412
a permanent legal guardianship. If, after a hearing, the court terminates 413
a permanent legal guardianship, the court, in appointing a successor 414
legal guardian or permanent legal guardian for the child or youth shall 415
do so in accordance with this subsection. 416
Sec. 6. Subsections (p) to (t), inclusive, of section 46b-129 of the 417
general statutes are repealed and the following is substituted in lieu 418
thereof (Effective July 1, 2024): 419
(p) A foster parent, prospective adoptive parent or relative caregiver 420
shall receive notice and have the right to be heard for the purposes of 421
this section in Superior Court in any proceeding concerning a foster 422
child living with such foster parent, prospective adoptive parent or 423
relative caregiver. A foster parent, prospective adoptive parent or 424
relative caregiver who has cared for a child or youth shall have the right 425
to be heard and comment on the best interests of such child or youth in 426
any proceeding under this section which is brought not more than one 427
year after the last day the foster parent, prospective adoptive parent or 428
relative caregiver provided such care. Any notice provided pursuant to 429
this subsection shall include the Internet web site address for any 430
proceeding that will be conducted on a virtual platform. The 431
commissioner shall confirm compliance with the notice requirements 432
set forth in this subsection with the court at any such proceeding. 433
(q) Upon motion of any sibling of any child committed to the 434
Department of Children and Families pursuant to this section, such 435
sibling shall have the right to be heard concerning visitation with, and 436
placement of, any such child. In awarding any visitation or modifying 437
any placement, the court shall be guided by the best interests of all 438
siblings affected by such determination. 439 Substitute Bill No. 5382
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(r) The provisions of section 17a-152, regarding placement of a child 440
from another state, and section 17a-175, regarding the Interstate 441
Compact on the Placement of Children, shall apply to placements 442
pursuant to this section. In any proceeding under this section involving 443
the placement of a child or youth in another state where the provisions 444
of section 17a-175 are applicable, the court shall, before ordering or 445
approving such placement, state for the record the court's finding 446
concerning compliance with the provisions of section 17a-175. The 447
court's statement shall include, but not be limited to: (1) A finding that 448
the state has received notice in writing from the receiving state, in 449
accordance with subsection (d) of Article III of section 17a-175, 450
indicating that the proposed placement does not appear contrary to the 451
interests of the child, (2) the court has reviewed such notice, (3) whether 452
or not an interstate compact study or other home study has been 453
completed by the receiving state, and (4) if such a study has been 454
completed, whether the conclusions reached by the receiving state as a 455
result of such study support the placement. 456
(s) In any proceeding under this section, the Department of Children 457
and Families shall provide notice to each attorney (1) of record for each 458
party involved in the proceeding when the department seeks to transfer 459
a child or youth in its care, custody or control to an out-of-state 460
placement, and (2) for a child or youth, and any guardian ad litem for 461
such child or youth, of (A) any new report of abuse or neglect pertaining 462
to such child or youth or such child's or youth's parent or guardian 463
received pursuant to section 17a-103a, (B) whether such report resulted 464
in an investigation, and (C) the results of any such investigation. 465
(t) If a child or youth is placed into out-of-home care by the 466
Commissioner of Children and Families pursuant to this section, the 467
commissioner shall include in any report the commissioner submits to 468
the court information regarding (1) the safety and suitability of such 469
[child] child's or youth's placement, taking into account the 470
requirements set forth in section 17a-114; (2) whether the department 471
has received or obtained the most recent information concerning such 472 Substitute Bill No. 5382
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[child] child's or youth's medical, dental, developmental, educational 473
and treatment needs from any relevant service providers; [and] (3) a 474
timeline for ensuring that such needs are met; (4) for any such child or 475
youth under three years of age, whether the child or youth was screened 476
for developmental and social-emotional delays pursuant to section 17a-477
106e, whether any such delays were identified and, if so, whether the 478
child or youth was referred to the birth-to-three program pursuant to 479
said section; (5) the dates of administrative case review meetings and 480
permanency team meetings; and (6) any new report alleging abuse or 481
neglect pertaining to such child or youth or a parent or guardian of such 482
child or youth pursuant to section 17a-103a, and (A) whether such 483
report resulted in an investigation, (B) the findings of any such 484
investigation, and (C) any criminal charges made against any such 485
parent or guardian as a result of any such investigation. Such 486
information shall also be submitted to the court [(A)] (i) not later than 487
ninety days after such child or youth is placed into out-of-home care; 488
[(B)] (ii) if such [child] child's or youth's out-of-home placement 489
changes; and [(C)] (iii) if the commissioner files a permanency plan on 490
behalf of such child or youth. The court shall consider such information 491
in making decisions regarding such [child] child's or youth's [well-492
being] best interests. 493
Sec. 7. Section 46b-129 of the general statutes is amended by adding 494
subsections (u) to (w), inclusive, as follows (Effective July 1, 2024): 495
(NEW) (u) Prior to the issuance of any order affecting the legal status 496
or placement of a child in any proceeding under this section, the court 497
shall confirm that (1) any attorney for such child has obtained a clear 498
understanding of the situation and the needs of such child, as described 499
in 42 USC 5106a(b)(2)(B), as amended from time to time; (2) any 500
guardian ad litem for such child has performed an independent 501
investigation of the case and is prepared to present information 502
pertinent to the court's determination of the best interests of such child, 503
in accordance with the provisions of subparagraph (D) of subdivision 504
(2) of section 46b-129a, as amended by this act; and (3) any attorney or 505 Substitute Bill No. 5382
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guardian ad litem for such child has (A) communicated regularly with 506
such child, or, in the case of a nonverbal child, such child's caregivers 507
and service providers, and (B) visited with such child with sufficient 508
frequency as to be informed of such child's situation and needs. 509
(NEW) (v) In any proceeding to review, modify, terminate or extend 510
an order of protective supervision, the Department of Children and 511
Families shall file with the court information concerning (1) whether the 512
department has received or obtained the most up-to-date information 513
concerning the child's medical, dental, developmental, educational and 514
treatment needs from any relevant service providers; (2) whether the 515
child has received services recommended by any such providers and a 516
description of any concerns identified by such providers; (3) a 517
description of (A) any new report alleging abuse or neglect pertaining 518
to the child or a parent of the child received pursuant to section 17a-519
103a, (B) whether such report resulted in an investigation, (C) the 520
findings of any such investigation, and (D) any new criminal charges 521
made against any such parent as a result of any such investigation; and 522
(4) for any child under three years of age, whether the child was 523
screened for developmental and social-emotional delays pursuant to 524
section 17a-106e, whether any such delays were identified and, if so, 525
whether the child was referred to the birth-to-three program pursuant 526
to said section. 527
(NEW) (w) In any proceeding under this section, the Department of 528
Children and Families shall identify the source of any documentation, 529
statements or allegations included in the department's submissions to 530
the court and the date or dates upon which any such information was 531
obtained by the department. 532
Sec. 8. Subparagraph (D) of subdivision (2) of section 46b-129a of the 533
2024 supplement to the general statutes is repealed and the following is 534
substituted in lieu thereof (Effective July 1, 2024): 535
(D) If the court, based on evidence before it, or counsel for the child, 536
determines that the child cannot adequately act in his or her own best 537 Substitute Bill No. 5382
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interests and the child's wishes, as determined by counsel, if followed, 538
could lead to substantial physical, financial or other harm to the child 539
unless protective action is taken, counsel may request and the court may 540
order that a separate guardian ad litem be assigned for the child, in 541
which case the court shall either appoint a guardian ad litem to serve on 542
a voluntary basis or notify the office of Chief Public Defender who shall 543
assign a separate guardian ad litem for the child. The guardian ad litem 544
shall perform an independent investigation of the case and [may] be 545
prepared to present at any hearing information pertinent to the court's 546
determination of the best interests of the child. The guardian ad litem 547
shall be subject to cross-examination upon the request of opposing 548
counsel. The guardian ad litem is not required to be an attorney-at-law 549
but shall be knowledgeable about the needs and protection of children 550
and relevant court procedures. If a separate guardian ad litem is 551
assigned, the person previously serving as counsel for the child shall 552
continue to serve as counsel for the child and a different person shall be 553
assigned as guardian ad litem, unless the court for good cause also 554
determines that a different person should serve as counsel for the child, 555
in which case the court shall notify the office of Chief Public Defender 556
who shall assign a different person as counsel for the child. No person 557
who has served as both counsel and guardian ad litem for a child shall 558
thereafter serve solely as the child's guardian ad litem. 559
Sec. 9. (Effective from passage) (a) There is established a working group 560
to review available data and information regarding the effectiveness of 561
the State Advisory Council on Children and Families, established 562
pursuant to section 17a-4 of the general statutes, as amended by this act, 563
in discharging its child protection responsibilities and to develop a plan 564
for the public dissemination of such data and information on a regular 565
basis. Such data and information shall include, but need not be limited 566
to, (1) quantitative and qualitative information regarding the safety, 567
permanency and well-being of children served by the Department of 568
Children and Families, aligned with the requirements of the Federal 569
Child and Family Service Reviews; (2) quality assurance information 570
regarding the assessment and management of risk and safety in child 571 Substitute Bill No. 5382
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protective service cases, including cases open with the Department of 572
Children and Families in ongoing treatment; (3) the availability, 573
timeliness and effectiveness of services for children and families, 574
including developmental and educational needs; (4) information on 575
differential response, including the outcomes for children served 576
through state-funded diversion programs, such as Community Support 577
for Families and Integrated Family Care and Support; (5) disclosures 578
regarding child fatalities consistent with the requirements of the federal 579
Child Abuse Prevention and Treatment Act, 42 USC 5101 et seq. and 42 580
USC 5116 et seq., as amended from time to time; and (6) a summary of 581
findings, recommendations and action steps arising from the 582
Department of Children and Families' internal review of department 583
practices following fatalities and near-fatalities of children where the 584
department had an open case or a case closed within the previous 585
twelve months. 586
(b) The working group shall consist of the following members: 587
(1) The chairpersons and ranking members of the joint standing 588
committee of the General Assembly having cognizance of matters 589
relating to children; 590
(2) The Commissioner of Children and Families, or the 591
commissioner's designee; 592
(3) The Child Advocate, or the Child Advocate's designee; 593
(4) The chairperson of the State Advisory Council on Children and 594
Families, established pursuant to section 17a-4 of the general statutes, as 595
amended by this act; 596
(5) The Chief Public Defender, or the Chief Public Defender's 597
designee; 598
(6) The executive director of the Connecticut Alliance of Foster and 599
Adoptive Families, or the executive director's designee; and 600 Substitute Bill No. 5382
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(7) One designated by the Commissioner of Children and Families, 601
who is a representative from an entity with expertise in data collection 602
and analysis. 603
(c) All initial designations to the working group shall be made not 604
later than thirty days after the effective date of this section. Any vacancy 605
shall be filled by the appointing authority. 606
(d) The chairpersons of the joint standing committee of the General 607
Assembly having cognizance of matters relating to children shall serve 608
as the chairpersons of the working group. Such chairpersons shall 609
schedule the first meeting of the working group, which shall be held not 610
later than sixty days after the effective date of this section. 611
(e) The administrative staff of the joint standing committee of the 612
General Assembly having cognizance of matters relating to children 613
shall serve as administrative staff of the working group. 614
(f) Not later than January 1, 2025, the working group shall submit a 615
report on its findings and recommendations to the joint standing 616
committee of the General Assembly having cognizance of matters 617
relating to children, in accordance with the provisions of section 11-4a 618
of the general statutes. The working group shall terminate on the date 619
that it submits such report or January 1, 2025, whichever is later. 620
Sec. 10. (Effective from passage) (a) There is established a working 621
group to review the delivery of legal services to children in child 622
protection proceedings in this state. Such review shall include, but need 623
not be limited to, models of legal service delivery previously used in this 624
state or currently used in other states, and recommendations for 625
improving the quality of legal representation provided to children in 626
this state. 627
(b) The working group shall consist of the following members: 628
(1) The chairpersons and ranking members of the joint standing 629
committee of the General Assembly having cognizance of matters 630 Substitute Bill No. 5382
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relating to children; 631
(2) The Chief Public Defender, or the Chief Public Defender's 632
designee; 633
(3) The Child Advocate, or the Child Advocate's designee; 634
(4) The chief administrative judge of juvenile matters; 635
(5) The Attorney General, or the Attorney General's designee; 636
(6) The Commissioner of Children and Families, or the 637
commissioner's designee; 638
(7) The executive director of the Connecticut Alliance of Foster and 639
Adoptive Families, or the executive director's designee; 640
(8) Two designated by the House chairperson of the joint standing 641
committee of the General Assembly having cognizance of matters 642
relating to children, who are attorneys with expertise in representing 643
children in child welfare proceedings; 644
(9) Two designated by the Senate chairperson of the joint standing 645
committee of the General Assembly having cognizance of matters 646
relating to children, who are attorneys with expertise in representing 647
parents in child welfare proceedings; 648
(10) One designated by the House ranking member of the joint 649
standing committee of the General Assembly having cognizance of 650
matters relating to children, who is a representative from an 651
organization dedicated to advancing the legal rights of children; and 652
(11) One designated by the Senate ranking member of the joint 653
standing committee of the General Assembly having cognizance of 654
matters relating to children, who is a representative from an 655
organization dedicated to improving public policy for children. 656
(c) Any member of the working group designated under subdivision 657 Substitute Bill No. 5382
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(8), (9), (10) or (11) of subsection (b) of this section may be a member of 658
the General Assembly. 659
(d) All initial designations to the working group shall be made not 660
later than thirty days after the effective date of this section. Any vacancy 661
shall be filled by the appointing authority. 662
(e) The chairpersons of the joint standing committee of the General 663
Assembly having cognizance of matters relating to children shall serve 664
as the chairpersons of the working group. Such chairpersons shall 665
schedule the first meeting of the working group, which shall be held not 666
later than sixty days after the effective date of this section. 667
(f) The administrative staff of the joint standing committee of the 668
General Assembly having cognizance of matters relating to children 669
shall serve as administrative staff of the working group. 670
(g) Not later than November 1, 2024, the working group shall submit 671
a report on its findings and recommendations to the joint standing 672
committee of the General Assembly having cognizance of matters 673
relating to children, in accordance with the provisions of section 11-4a 674
of the general statutes, and the Office of the Chief Public Defender. The 675
working group shall terminate on the date that it submits such report or 676
November 1, 2024, whichever is later. 677
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2024 17a-4
Sec. 2 July 1, 2024 17a-15a
Sec. 3 July 1, 2024 17a-28(g)(34)
Sec. 4 July 1, 2024 17a-28(h)
Sec. 5 July 1, 2024 46b-129(j)
Sec. 6 July 1, 2024 46b-129(p) to (t)
Sec. 7 July 1, 2024 46b-129(u) to (w)
Sec. 8 July 1, 2024 46b-129a(2)(D)
Sec. 9 from passage New section
Sec. 10 from passage New section Substitute Bill No. 5382
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Statement of Legislative Commissioners:
In Section (1)(a), "youth advisory boards" was changed to "one or more
Youth Advisory Boards" for consistency with standard drafting
conventions and statutory consistency; in Section 1(d)(5) "in order to"
was changed to "to" for consistency with standard drafting conventions;
in Section 5(j)(3)(B), ", which" was changed to "that" for consistency with
standard drafting conventions; in Section 5(j)(6), "his or her" was
bracketed and "the commissioner's" was inserted for consistency with
standard drafting conventions; in Section 6(t)(5), "and" was inserted
before "(6)" for consistency with standard drafting conventions; in
Section 6(t)(6), "and" was inserted after "17a-103a" for clarity and
Subparas. (B), (C) and (D) were changed to Subparas. (A), (B) and (C)
for accuracy; and in Section 9(a)(6), "agency practice" was changed to
"department practices" for clarity.
KID Joint Favorable Subst.