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OLR Bill Analysis
sHB 5382 (as amended by House "A")*
AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE
OF THE CHILD ADVOCATE.
SUMMARY
This bill makes several changes in statutes governing the Department
of Children and Families (DCF).
Among other things, the bill:
1. generally requires, rather than allows, DCF to disclose records to
any individual when the information concerns an incident of
abuse or neglect that resulted in a child’s or youth’s death or near
death (§§ 3-4);
2. requires DCF to include additional information in permanency
plan documents (§§ 2 & 5-7);
3. allows the DCF commissioner to authorize a trial home visit of a
DCF-committed child or youth before revoking the child’s or
youth’s commitment order under certain conditions (§ 5);
4. creates additional notification requirements for permanency
planning court proceedings (§ 6);
5. establishes certain requirements for a child’s attorney or
guardian ad litem (GAL) during a temporary custody or
permanent guardianship proceeding (e.g., the court must
confirm that they communicated regularly with the child) (§§ 7
& 8);
6. increases the State Advisory Council on Children and Families
(SAC) membership, from 20 to 25, and expands the council’s
duties to include a quarterly review of certain DCF data and an 2024HB-05382-R01-BA.DOCX
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annual review of DCF’s child protection responsibilities (§ 1);
7. creates two working groups, one to review data and information
regarding the SAC’s effectiveness in discharging its child
protection responsibilities, and another to review the delivery of
children’s legal services in child protection proceedings (§§ 9 &
10); and
8. extends the (a) deadline under current law for the Title IX
compliance toolkit working group’s report and (b) date by which
the State Department of Education (SDE) must distribute the
toolkit (§§ 11 & 12).
Lastly, the bill also makes minor, technical, and conforming changes.
EFFECTIVE DATE: July 1, 2024, except the provisions establishing
working groups are effective upon passage.
*House Amendment “A” replaces the underlying bill with similar
provisions and in doing so it also (1) reduces, from quarterly to twice
per year, the frequency with which the SAC must review DCF data on
child safety and well-being and permanency plans (§ 1); (2) expands
what may be included in DCF records disclosure (§§ 3 & 4 ); (3) expands
the DCF commissioner’s requirements when authorizing a trial home
visit (§ 5); (4) changes the composition of the working group that the
underlying bill creates to review the delivery of legal services to children
in child protection proceedings (§ 10); and (5) extends the (a) deadline
under current law for the Title IX compliance toolkit working group’s
report and (b) date by which SDE must distribute the toolkit (§§ 11 &
12).
§ 1 — STATE ADVISORY COUNCIL ON CHILDREN AND FAMILIES
(SAC)
New Duties
The bill expands the SAC’s duties by requiring it to conduct:
1. a review of DCF data on child safety, well-being, and
permanency plans at least twice per year, and 2024HB-05382-R01-BA.DOCX
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2. an annual evaluation to determine the extent to which DCF is
discharging its child protection responsibilities under state and
federal law.
Council Priorities
The bill requires the SAC, in implementing these new duties, to
prioritize the following:
1. protecting children from abuse and neglect by ensuring the state
maintains an effective plan to prevent abuse and neglect and
divert children from foster care;
2. reducing and eliminating preventable child fatalities and the
unnecessary removal of children from their homes;
3. placing children in permanent and stable homes, including
placing them with family members whenever possible, and
successfully transitioning youth leaving the child welfare system
from foster care;
4. reducing disparate outcomes between minority and other
populations the child welfare system serves;
5. providing timely, appropriate, and adequate services to children
and families to meet the children’s physical and mental health
and their developmental needs; and
6. collaborating among state agencies to further the council’s duties.
Membership
The bill increases the council’s membership from 20 to 25 by adding
the following governor-appointed members:
1. three members of DCF youth advisory boards,
2. one member of an organization that advocates for the protection
and advancement of children’s legal rights, and
3. one member of an organization that advocates for policies to 2024HB-05382-R01-BA.DOCX
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promote child welfare.
As under existing law, the governor appoints 14 other members, and
the remaining six members represent the regional advisory councils and
are appointed one each by each council.
§§ 2 & 5-7 — PERMANENCY PLANNING
The bill requires DCF include specific information in certain
documents or reports related to permanency planning. Under existing
law, DCF must include certain information (1) in all documents entitled
“Study in Support of Permanency Plan” or “Status Report for
Permanency Planning Team,” and (2) when it submits a report to the
court when a child or youth is placed in out-of-home care because of
alleged abuse or neglect. Additionally, the bill requires DCF to file
certain information with the court when it seeks to change an order of
protective supervision.
The bill requires the permanency plan documents and the DCF
reports to the court to include the following:
1. a description of (a) any new report alleging abuse or neglect
related to the child or a child’s parent received through the DCF
Telephone Careline, (b) whether the report resulted in an
investigation, (c) the investigation findings, and (d) any new
criminal charges pending against the parent; and
2. whether a child under age three was screened for developmental
and social-emotional delays, according to the procedures for
young children who are victims of abuse or neglect, and, if they
were, whether they were referred to the Birth-to-Three program.
Permanency Plan Documents (§ 2)
The bill requires DCF to include additional information in all
permanency plan documents, including whether the child was placed
in a licensed home or the home of a relative or fictive kin caregiver
eligible for licensure, and whether any applicable waivers have been
obtained. By law, a “fictive kin caregiver” is a person who is age 21 or
older and unrelated to a child by birth, adoption, or marriage but who 2024HB-05382-R01-BA.DOCX
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has an emotionally significant relation with the child amounting to a
familial relationship (CGS § 17a-114).
Under the bill, these permanency planning documents must also
include (1) the dates of administrative case review meetings and
permanency team meetings and (2) whether the child has received
services recommended by any of their medical, dental, developmental,
and educational providers, and a description of any concerns the
providers identify.
DCF Order of Protective Supervision (§ 7)
Under the bill, DCF must file documents with the court in any
proceeding to review, modify, terminate, or extend an order of
protective supervision. These documents must include the same health
service disclosures as the permanency plan (see above).
DCF Out-of-Home Care Report (§ 6)
By law, DCF must submit to the court a list of items for its
consideration regarding a child or youth placed in out-of-home care
because of alleged abuse or neglect.
Under current law, this includes the child’s or youth’s medical,
dental, developmental, educational, and treatment needs. To conform
with the health service disclosure provisions above, the bill specifies
that this information must include whether DCF has received or
obtained the most recent information on the child’s health needs from
any relevant service providers. As under existing law, the information
must include a timeline to ensure that these needs are met.
Additionally, this report must include the dates of administrative
case review meetings and permanency team meetings.
Trial Home Visits (§ 5)
The bill allows the DCF commissioner to authorize a trial home visit
of a DCF-committed child or youth in the home of his or her parent or
guardian before revoking the child’s or youth’s commitment order if (1)
the court approves a permanency plan that recommends reunifying the
child with his or her parent or guardian, and (2) all parties agree. 2024HB-05382-R01-BA.DOCX
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The bill requires the DCF commissioner to:
1. provide the court and all parties written notice of her intent to
authorize a trial home visit at least 15 days before the
authorization; and
2. create a trial home visit plan that is provided to all parties and
includes (a) announced and unannounced DCF home visits and
(b) any services provided during the trial home visit that she
deems necessary to promote the child’s or youth’s well-being.
Under the bill, the DCF commissioner must also file a motion for
revocation of commitment within 30 days after the trial home visit
begins, unless the commissioner removes the child or youth prior to that
time pursuant to the department’s responsibility and authority over
children and youth committed to the commissioner’s care and custody.
The bill requires an authorized trial home visit to remain in effect
until the (1) commissioner removes the child or youth prior to the filing
of a motion for revocation of commitment within 30 days after the visit
begins, or (2) court grants a motion for revocation of commitment prior
to approving a permanency plan.
Permanency Planning Court Proceeding Notifications (§ 6)
Existing law requires courts to notify a child’s or youth’s foster
parents, prospective adoptive parents, and relative caregivers when it
schedules a hearing concerning DCF’s permanency plan or revoking its
commitment.
The bill requires any notice provided to include the website address
for any proceeding that will be conducted on a virtual platform. The
court must confirm compliance with these notice requirements at the
proceeding.
The bill also requires DCF to notify each attorney and any GAL for
any child or youth of (1) any new report of abuse or neglect received
through the DCF Telephone Careline relating to the child or youth or
the child’s or youth’s parent or guardian, (2) whether the report resulted 2024HB-05382-R01-BA.DOCX
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in an investigation, and (3) the investigation results.
§§ 3 & 4 — DCF RECORDS DISCLOSURES
The bill generally requires, rather than allows, DCF to disclose
records to any individual, upon his or her request, when the information
concerns an incident of abuse or neglect that resulted in a child’s or
youth’s death or near death. As under existing law, DCF may withhold
disclosure if it interferes with a pending investigation. By law, under
certain circumstances, DCF must disclose its records to certain entities
without the subject’s consent (e.g., to any individual or entity for the
purposes of identifying resources to promote the permanency plan of a
child or youth).
Under the bill, DCF may withhold disclosure of these records if the
commissioner determines that it may result in harm to the safety or well-
being of the child or youth who is the subject of the records, the child’s
or youth’s family, or any individual who reported the child’s or youth’s
abuse or neglect. Additionally, DCF must not make any disclosure
prohibited by federal law, including Social Security Act provisions that
provide funds that states can use to coordinate and provide child
welfare services.
Current law allows DCF to disclose the abuse and neglect
information in general terms. The bill specifies that the disclosure may
only include the following:
1. the cause and circumstances of the fatality or near fatality,
2. the child’s or youth’s age and gender,
3. descriptions of any previous child abuse or neglect reports or
investigations relevant to the child abuse or neglect that led to the
fatality or near fatality,
4. any investigation findings, and
5. a description of any services provided and actions taken by the
state on the child’s or youth’s behalf that are relevant to the child 2024HB-05382-R01-BA.DOCX
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abuse or neglect that led to the fatality or near fatality.
§§ 7 & 8 — ROLE OF ATTORNEY OR GAL DURIN G CHILD ABUSE
AND NEGLECT CASES
Under current law, GALs are allowed to present information
pertinent to the court’s determination of the child’s best interests. The
bill instead requires GALs to be prepared to present at these
determinations.
Under the bill, before issuing an order affecting the legal status or
placement of a child in any temporary custody or permane nt
guardianship proceeding, the court must confirm that:
1. the child’s attorney has obtained a clear understanding of the
child’s situation and needs, as described in the federal Child
Abuse Prevention and Treatment Act;
2. the child’s GAL has performed an independent investigation of
the case and is prepared to present information pertinent to the
court’s determination of the child’s best interests; and
3. any attorney or GAL for the child has (a) communicated
regularly with the child, or the child’s caregivers and service
providers if the child is nonverbal, or (b) visited with the child
frequently enough to be informed of the child’s situation and
needs.
§§ 9 & 10 — WORKING GROUPS
The bill creates two working groups: one to review data and
information regarding the SAC’s effectiveness in discharging its child
protection responsibilities, and another to review the delivery of legal
services to children in child protection proceedings in the state.
For both working groups, the bill requires appointing authorities to
(1) make their initial appointments within 30 days after the bill’s passage
and (2) fill any vacancies.
The Children’s Committee chairpersons must (1) serve as the
chairpersons for both working groups and (2) schedule and hold the 2024HB-05382-R01-BA.DOCX
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first meetings within 60 days after the bill passes.
The bill requires the Children’s Committee’s administrative staff to
serve as administrative staff on both working groups.
DCF Working Group (§ 9)
The bill establishes a 10-member working group to (1) review
available data and information on DCF’s effectiveness in discharging its
child protection responsibilities, and (2) develop a plan to publicly
disseminate the data and information on a regular basis. The working
group must report its findings and recommendations to the Children’s
Committee by January 1, 2025. The working group terminates on that
date or when it submits its report, whichever is later.
Under the bill, the data and information may include the following:
1. quantitative and qualitative information on the safety,
permanency, and well-being of children served by DCF, aligned
with federal Child and Family Service Review requirements;
2. quality assurance information regarding the assessment and
management of risk and safety in child protective service cases,
including cases open with DCF in ongoing treatment;
3. the availability, timeliness, and effectiveness of services for
children and families, including developmental and educational
needs;
4. information on differential response, including the outcomes for
children served through state-funded diversion programs such
as Community Support for Families and Integrated Family Care
and Support;
5. disclosures regarding child fatalities consistent with the
requirements of the federal Child Abuse Prevention and
Treatment Act; and
6. a summary of findings, recommendations, and action steps
arising from DCF’s internal review of agency practice following 2024HB-05382-R01-BA.DOCX
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fatalities and near-fatalities of children where the department
had an open case or a case closed within the previous year.
The DCF working group consists of the following members:
1. the Children’s Committee chairpersons and ranking members;
2. the DCF commissioner or her designee;
3. the child advocate or her designee;
4. the SAC chairperson;
5. the chief public defender or her designee;
6. the Connecticut Alliance of Foster and Adoptive Families
executive director or her designee; and
7. one member designated by the DCF commi ssioner, who
represents an entity with expertise in data collection and analysis.
Working Group to Review the Delivery of Legal Services to
Children in Child Protection Proceedings (§ 10)
The bill establishes a 16-member working group to review the
delivery of legal services to children in child protection proceedings.
The review must include models of legal service delivery previously
used in the state or currently used in other states, and recommendations
for improving the quality of legal representation provided to children
in the state. The working group must report its findings and
recommendations to the Children’s Committee and the Chief Public
Defender’s Office by November 1, 2024. The working group terminates
on that date or when it submits its report, whichever is later.
Membership and Appointments. The working group’s 16 members
must be appointed as follows:
1. two attorneys with expertise representing children in child
welfare proceedings, appointed one each by the House speaker
and Senate president pro tempore; 2024HB-05382-R01-BA.DOCX
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2. two attorneys with expertise representing parents in child
welfare proceedings, appointed one each by the House and
Senate majority leaders;
3. a representative of an organization dedicated to advancing
children’s legal rights, appointed by the House minority leader;
4. a representative from an organization dedicated to improving
children’s public policy, appointed by the Senate minority leader;
5. the Children’s Committee chairpersons and ranking members;
6. the chief public defender, child advocate, attorney general, or
their designees;
7. the chief administrative judge of juvenile matters;
8. the DCF commissioner or her designee; and
9. the Connecticut Alliance of Foster and Adoptive Families
executive director or her designee.
The bill specifies that the six legislative leaders and the Children’s
Committee’s chairpersons and ranking members may appoint General
Assembly members.
All initial appointments must be made within 30 days after the bill
passes, and vacancies must be filled by the appointing authority.
Governance and Staffing. The Children’s Committee’s
chairpersons must serve as the working group’s chairpersons and they
must schedule the first meeting, which must be held within 60 days after
the bill passes.
The Children’s Committee’s administrative staff must serve as the
working group’s administrative staff.
§§ 11 & 12 — TITLE IX COMPLIANCE TOOLKIT
Working Group (§ 11)
PA 23-26 required the Commission on Women, Children, Seniors, 2024HB-05382-R01-BA.DOCX
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Equity and Opportunity (CWCSEO) to convene and lead a working
group to identify or develop a Title IX compliance toolkit for use by local
and regional boards of education, students, and students’ parents and
guardians. (Title IX of the federal Education Amendments of 1972
prohibits sex-based discrimination in education programs and activities
that receive federal financial assistance.)
The bill extends the deadline by which the working group must
submit the Title IX compliance toolkit to the Children’s Committee by
six months, from July 1, 2024, to January 1, 2025. Correspondingly,
under the bill the task force must terminate on the later of the date it
submits the toolkit or January 1, 2025, rather than July 1, 2024, as under
current law.
Distribution to Boards of Education (§ 12)
The bill extends the deadline by which SDE must distribute the Title
IX compliance toolkit to local and regional boards of education by six
months, from October 1, 2024, to April 1, 2025.
COMMITTEE ACTION
Committee on Children
Joint Favorable Substitute
Yea 17 Nay 0 (03/12/2024)