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| 2 | + | ||
| 3 | + | LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382-R01- | |
| 4 | + | HB.docx | |
| 5 | + | 1 of 23 | |
| 6 | + | ||
| 7 | + | General Assembly Substitute Bill No. 5382 | |
| 8 | + | February Session, 2024 | |
| 1 | 9 | ||
| 2 | 10 | ||
| 3 | 11 | ||
| 4 | - | Substitute House Bill No. 5382 | |
| 5 | - | ||
| 6 | - | Public Act No. 24-126 | |
| 7 | 12 | ||
| 8 | 13 | ||
| 9 | 14 | AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE | |
| 10 | 15 | OF THE CHILD ADVOCATE. | |
| 11 | 16 | Be it enacted by the Senate and House of Representatives in General | |
| 12 | 17 | Assembly convened: | |
| 13 | 18 | ||
| 14 | - | Section 1. Section 17a-4 of the general statutes is repealed and the | |
| 15 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
| 16 | - | (a) There shall be a State Advisory Council on Children and Families | |
| 17 | - | which shall consist of [twenty members as follows] the following | |
| 18 | - | members: (1) [Fourteen] Nineteen members appointed by the Governor, | |
| 19 | - | including two persons who are child care professionals, two persons | |
| 20 | - | eighteen to twenty-five years of age, inclusive, served by the | |
| 21 | - | Department of Children and Families, one child psychiatrist licensed to | |
| 22 | - | practice medicine in this state, one health care professional who has | |
| 23 | - | expertise in children's health and is licensed in the state, one attorney | |
| 24 | - | who has expertise in legal issues related to children and youth, three | |
| 25 | - | members of one or more Youth Advisory Boards, as defined in section | |
| 26 | - | 17a-10c, one member of an organization that advocates for the | |
| 27 | - | protection and advancement of the legal rights of children, one member | |
| 28 | - | of an organization that advocates for policies to promote child welfare | |
| 29 | - | and seven persons who shall be representative of young persons, | |
| 30 | - | parents and others interested in the delivery of services to children and | |
| 31 | - | youths, including child protection, behavioral health and prevention Substitute | |
| 19 | + | Section 1. Section 17a-4 of the general statutes is repealed and the 1 | |
| 20 | + | following is substituted in lieu thereof (Effective July 1, 2024): 2 | |
| 21 | + | (a) There shall be a State Advisory Council on Children and Families 3 | |
| 22 | + | which shall consist of [twenty members as follows] the following 4 | |
| 23 | + | members: (1) [Fourteen] Nineteen members appointed by the Governor, 5 | |
| 24 | + | including two persons who are child care professionals, two persons 6 | |
| 25 | + | eighteen to twenty-five years of age, inclusive, served by the 7 | |
| 26 | + | Department of Children and Families, one child psychiatrist licensed to 8 | |
| 27 | + | practice medicine in this state, one health care professional who has 9 | |
| 28 | + | expertise in children's health and is licensed in the state, one attorney 10 | |
| 29 | + | who has expertise in legal issues related to children and youth, three 11 | |
| 30 | + | members of one or more Youth Advisory Boards, as defined in section 12 | |
| 31 | + | 17a-10c, one member of an organization that advocates for the 13 | |
| 32 | + | protection and advancement of the legal rights of children, one member 14 | |
| 33 | + | of an organization that advocates for policies to promote child welfare 15 | |
| 34 | + | and seven persons who shall be representative of young persons, 16 | |
| 35 | + | parents and others interested in the delivery of services to children and 17 | |
| 36 | + | youths, including child protection, behavioral health and prevention 18 Substitute Bill No. 5382 | |
| 32 | 37 | ||
| 33 | - | Public Act No. 24-126 2 of 24 | |
| 34 | 38 | ||
| 35 | - | services, at least four of whom shall be parents, foster parents or family | |
| 36 | - | members of children who have received, or are receiving, behavioral | |
| 37 | - | health services or child welfare services; and (2) six members | |
| 38 | - | representing the regional advisory councils established pursuant to | |
| 39 | - | section 17a-30, appointed one each by the members of each council. Not | |
| 40 | - | more than half the members of the council shall be persons who receive | |
| 41 | - | income from a private practice or any public or private agency that | |
| 42 | - | delivers mental health, substance abuse, child abuse prevention and | |
| 43 | - | treatment or child welfare services. Members of the council shall serve | |
| 44 | - | without compensation, except for necessary expenses incurred in the | |
| 45 | - | performance of their duties. The Department of Children and Families | |
| 46 | - | shall provide the council with funding to facilitate the participation of | |
| 47 | - | those members representing families and youth, as well as for other | |
| 48 | - | administrative support services. Members shall serve on the council for | |
| 49 | - | terms of two years each and no member shall serve for more than three | |
| 50 | - | consecutive terms. The commissioner shall be an ex-officio member of | |
| 51 | - | the council without vote and shall attend its meetings. Any member | |
| 52 | - | who fails to attend three consecutive meetings or fifty per cent of all | |
| 53 | - | meetings during any calendar year shall be deemed to have resigned. | |
| 54 | - | The council shall elect a chairperson and vice-chairperson to act in the | |
| 55 | - | chairperson's absence. | |
| 56 | - | (b) The council shall meet quarterly, and more often upon the call of | |
| 57 | - | the chair or a majority of the members. The council's meetings shall be | |
| 58 | - | held at locations that facilitate participation by members of the public, | |
| 59 | - | and its agenda and minutes shall be posted on the department's web | |
| 60 | - | site. A majority of the members in office, but not less than six members, | |
| 61 | - | shall constitute a quorum. The council shall have complete access to all | |
| 62 | - | records of the institutions and facilities of the department in furtherance | |
| 63 | - | of its duties, while at all times protecting the right of privacy of all | |
| 64 | - | individuals involved, as provided in section 17a-28, as amended by this | |
| 65 | - | act. Substitute House Bill No. 5382 | |
| 39 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 40 | + | R01-HB.docx } | |
| 41 | + | 2 of 23 | |
| 66 | 42 | ||
| 67 | - | Public Act No. 24-126 3 of 24 | |
| 43 | + | services, at least four of whom shall be parents, foster parents or family 19 | |
| 44 | + | members of children who have received, or are receiving, behavioral 20 | |
| 45 | + | health services or child welfare services; and (2) six members 21 | |
| 46 | + | representing the regional advisory councils established pursuant to 22 | |
| 47 | + | section 17a-30, appointed one each by the members of each council. Not 23 | |
| 48 | + | more than half the members of the council shall be persons who receive 24 | |
| 49 | + | income from a private practice or any public or private agency that 25 | |
| 50 | + | delivers mental health, substance abuse, child abuse prevention and 26 | |
| 51 | + | treatment or child welfare services. Members of the council shall serve 27 | |
| 52 | + | without compensation, except for necessary expenses incurred in the 28 | |
| 53 | + | performance of their duties. The Department of Children and Families 29 | |
| 54 | + | shall provide the council with funding to facilitate the participation of 30 | |
| 55 | + | those members representing families and youth, as well as for other 31 | |
| 56 | + | administrative support services. Members shall serve on the council for 32 | |
| 57 | + | terms of two years each and no member shall serve for more than three 33 | |
| 58 | + | consecutive terms. The commissioner shall be an ex-officio member of 34 | |
| 59 | + | the council without vote and shall attend its meetings. Any member 35 | |
| 60 | + | who fails to attend three consecutive meetings or fifty per cent of all 36 | |
| 61 | + | meetings during any calendar year shall be deemed to have resigned. 37 | |
| 62 | + | The council shall elect a chairperson and vice-chairperson to act in the 38 | |
| 63 | + | chairperson's absence. 39 | |
| 64 | + | (b) The council shall meet quarterly, and more often upon the call of 40 | |
| 65 | + | the chair or a majority of the members. The council's meetings shall be 41 | |
| 66 | + | held at locations that facilitate participation by members of the public, 42 | |
| 67 | + | and its agenda and minutes shall be posted on the department's web 43 | |
| 68 | + | site. A majority of the members in office, but not less than six members, 44 | |
| 69 | + | shall constitute a quorum. The council shall have complete access to all 45 | |
| 70 | + | records of the institutions and facilities of the department in furtherance 46 | |
| 71 | + | of its duties, while at all times protecting the right of privacy of all 47 | |
| 72 | + | individuals involved, as provided in section 17a-28, as amended by this 48 | |
| 73 | + | act. 49 | |
| 74 | + | (c) The duties of the council shall be to: (1) Recommend to the 50 | |
| 75 | + | commissioner programs, legislation or other matters which will 51 Substitute Bill No. 5382 | |
| 68 | 76 | ||
| 69 | - | (c) The duties of the council shall be to: (1) Recommend to the | |
| 70 | - | commissioner programs, legislation or other matters which will | |
| 71 | - | improve services for children and youths, including behavioral health | |
| 72 | - | services; (2) annually review and advise the commissioner regarding the | |
| 73 | - | proposed budget; (3) interpret to the community at large the policies, | |
| 74 | - | duties and programs of the department; (4) issue any reports it deems | |
| 75 | - | necessary to the Governor and the Commissioner of Children and | |
| 76 | - | Families; (5) review and comment on the reports described in subsection | |
| 77 | - | (b) of section 17a-3; (6) independently monitor the department's | |
| 78 | - | progress in achieving its goals as expressed in such reports; [and] (7) | |
| 79 | - | offer assistance and provide an outside perspective to the department | |
| 80 | - | so that it may be able to achieve the goals expressed in such reports; (8) | |
| 81 | - | conduct a review of departmental data pertaining to child safety, well- | |
| 82 | - | being and permanency not less than twice per year; and (9) conduct an | |
| 83 | - | annual evaluation to determine the extent to which the department is | |
| 84 | - | discharging its child protection responsibilities under state and federal | |
| 85 | - | law. | |
| 86 | - | (d) In implementing the duties described in subsection (c) of this | |
| 87 | - | section, the council shall prioritize (1) the protection of children from | |
| 88 | - | abuse and neglect by ensuring that the state maintains an effective plan | |
| 89 | - | to prevent such abuse and neglect and divert children from foster care; | |
| 90 | - | (2) the reduction and elimination of preventable child fatalities and the | |
| 91 | - | unnecessary removal of children from their homes; (3) permanency and | |
| 92 | - | stability in home placements for children, including, but not limited to, | |
| 93 | - | the placement of children with family members whenever possible and | |
| 94 | - | the successful transition from foster care of youth exiting the child | |
| 95 | - | welfare system; (4) the reduction of disparate outcomes between | |
| 96 | - | minority and other populations served by the child welfare system; (5) | |
| 97 | - | the timely, appropriate and adequate provision of services to children | |
| 98 | - | and families to meet the physical, mental health and developmental | |
| 99 | - | needs of such children; and (6) collaboration among state agencies in | |
| 100 | - | furtherance of the duties described in subsection (c) of this section. Substitute House Bill No. 5382 | |
| 101 | 77 | ||
| 102 | - | Public Act No. 24-126 4 of 24 | |
| 78 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 79 | + | R01-HB.docx } | |
| 80 | + | 3 of 23 | |
| 103 | 81 | ||
| 104 | - | Sec. 2. Section 17a-15a of the general statutes is repealed and the | |
| 105 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
| 106 | - | The Department of Children and Families shall include the following | |
| 107 | - | information in each document of the department entitled study in | |
| 108 | - | support of permanency plan and status report for permanency planning | |
| 109 | - | team, except when otherwise directed by the Juvenile Court: (1) A | |
| 110 | - | description of any problems or offenses that necessitated the placement | |
| 111 | - | of the child with the department; (2) a description of the type and an | |
| 112 | - | analysis of the effectiveness of the care, treatment and supervision that | |
| 113 | - | the department has provided for the child; (3) for each child in substitute | |
| 114 | - | care, the current visitation schedule between the child and his or her | |
| 115 | - | parents and siblings; (4) a description of every effort taken by the | |
| 116 | - | department to reunite the child with a parent or to find a permanent | |
| 117 | - | placement for the child, including, where applicable, every effort to | |
| 118 | - | assist each parent in remedying factors that contributed to the removal | |
| 119 | - | of the child from the home; (5) a proposed timetable for reunification of | |
| 120 | - | the child and a parent, a permanent placement if continued substitute | |
| 121 | - | care is recommended or a justification of why extended substitute care | |
| 122 | - | is necessary; [and] (6) whether the child has been visited no less | |
| 123 | - | frequently than every three months by a state or private agency if the | |
| 124 | - | child has been placed in foster care outside this state; (7) the dates of | |
| 125 | - | administrative case review meetings and permanency team meetings; | |
| 126 | - | (8) whether the department has received or obtained the most up-to- | |
| 127 | - | date information concerning the child's medical, dental, developmental, | |
| 128 | - | educational and treatment needs from any relevant service providers; | |
| 129 | - | (9) whether the child has received services recommended by any such | |
| 130 | - | providers, and a description of any concerns identified by such | |
| 131 | - | providers; (10) a description of (A) any new report alleging abuse or | |
| 132 | - | neglect pertaining to the child or a parent of the child received pursuant | |
| 133 | - | to section 17a-103a, (B) whether such report resulted in an investigation, | |
| 134 | - | and (C) the findings of any such investigation; (11) any new criminal | |
| 135 | - | charges pending against any such parent; (12) for any child in the care Substitute House Bill No. 5382 | |
| 82 | + | improve services for children and youths, including behavioral health 52 | |
| 83 | + | services; (2) annually review and advise the commissioner regarding the 53 | |
| 84 | + | proposed budget; (3) interpret to the community at large the policies, 54 | |
| 85 | + | duties and programs of the department; (4) issue any reports it deems 55 | |
| 86 | + | necessary to the Governor and the Commissioner of Children and 56 | |
| 87 | + | Families; (5) review and comment on the reports described in subsection 57 | |
| 88 | + | (b) of section 17a-3; (6) independently monitor the department's 58 | |
| 89 | + | progress in achieving its goals as expressed in such reports; [and] (7) 59 | |
| 90 | + | offer assistance and provide an outside perspective to the department 60 | |
| 91 | + | so that it may be able to achieve the goals expressed in such reports; (8) 61 | |
| 92 | + | conduct a quarterly review of departmental data pertaining to child 62 | |
| 93 | + | safety and well-being and permanency plans required pursuant to 63 | |
| 94 | + | section 17a-11; and (9) conduct an annual evaluation to determine the 64 | |
| 95 | + | extent to which the department is discharging its child protection 65 | |
| 96 | + | responsibilities under state and federal law. 66 | |
| 97 | + | (d) In implementing the duties described in subsection (c) of this 67 | |
| 98 | + | section, the council shall prioritize (1) the protection of children from 68 | |
| 99 | + | abuse and neglect by ensuring that the state maintains an effective plan 69 | |
| 100 | + | to prevent such abuse and neglect and divert children from foster care; 70 | |
| 101 | + | (2) the reduction and elimination of preventable child fatalities and the 71 | |
| 102 | + | unnecessary removal of children from their homes; (3) permanency and 72 | |
| 103 | + | stability in home placements for children, including, but not limited to, 73 | |
| 104 | + | the placement of children with family members whenever possible and 74 | |
| 105 | + | the successful transition from foster care of youth exiting the child 75 | |
| 106 | + | welfare system; (4) the reduction of disparate outcomes between 76 | |
| 107 | + | minority and other populations served by the child welfare system; (5) 77 | |
| 108 | + | the timely, appropriate and adequate provision of services to children 78 | |
| 109 | + | and families to meet the physical, mental health and developmental 79 | |
| 110 | + | needs of such children; and (6) collaboration among state agencies in 80 | |
| 111 | + | furtherance of the duties described in subsection (c) of this section. 81 | |
| 112 | + | Sec. 2. Section 17a-15a of the general statutes is repealed and the 82 | |
| 113 | + | following is substituted in lieu thereof (Effective July 1, 2024): 83 | |
| 114 | + | The Department of Children and Families shall include the following 84 Substitute Bill No. 5382 | |
| 136 | 115 | ||
| 137 | - | Public Act No. 24-126 5 of 24 | |
| 138 | 116 | ||
| 139 | - | and custody of the department, whether the child was placed in a | |
| 140 | - | licensed home or home eligible for licensure pursuant to section 17a- | |
| 141 | - | 114, and whether any applicable waivers have been obtained pursuant | |
| 142 | - | to said section; and (13) for any child under three years of age, whether | |
| 143 | - | the child was screened for developmental and social-emotional delays | |
| 144 | - | pursuant to section 17a-106e, whether any such delays were identified | |
| 145 | - | and, if so, whether the child was referred to the birth-to-three program | |
| 146 | - | pursuant to said section. | |
| 147 | - | Sec. 3. Subsection (g) of section 17a-28 of the 2024 supplement to the | |
| 148 | - | general statutes is amended by adding subdivision (34) as follows | |
| 149 | - | (Effective July 1, 2024): | |
| 150 | - | (NEW) (34) Any individual, upon the request of such individual, | |
| 151 | - | when the information concerns an incident of abuse or neglect that | |
| 152 | - | resulted in the fatality or near fatality of a child or youth, provided (A) | |
| 153 | - | such disclosure shall be limited to (i) the cause and circumstances of | |
| 154 | - | such fatality or near fatality, (ii) the age and gender of such child or | |
| 155 | - | youth, (iii) a description of any previous reports of or investigations into | |
| 156 | - | child abuse or neglect that are relevant to the child abuse or neglect that | |
| 157 | - | led to such fatality or near fatality, (iv) the findings of any such | |
| 158 | - | investigations, and (v) a description of any services provided and | |
| 159 | - | actions taken by the state on behalf of such child or youth that are | |
| 160 | - | relevant to the child abuse or neglect that led to such fatality or near | |
| 161 | - | fatality, and (B) the department shall not make any disclosure that is | |
| 162 | - | prohibited by the provisions of any relevant federal law, including, but | |
| 163 | - | not limited to, Titles IV-B and IV-E of the Social Security Act, as | |
| 164 | - | amended from time to time. The department may withho ld the | |
| 165 | - | disclosure of any records described in this subdivision if the | |
| 166 | - | commissioner determines that such disclosure may (i) result in harm to | |
| 167 | - | the safety or well-being of the child or youth who is the subject of such | |
| 168 | - | records, the family of such child or youth, or any individual who made | |
| 169 | - | a report of abuse or neglect pertaining to such child or youth, or (ii) Substitute House Bill No. 5382 | |
| 117 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 118 | + | R01-HB.docx } | |
| 119 | + | 4 of 23 | |
| 170 | 120 | ||
| 171 | - | Public Act No. 24-126 6 of 24 | |
| 121 | + | information in each document of the department entitled study in 85 | |
| 122 | + | support of permanency plan and status report for permanency planning 86 | |
| 123 | + | team, except when otherwise directed by the Juvenile Court: (1) A 87 | |
| 124 | + | description of any problems or offenses that necessitated the placement 88 | |
| 125 | + | of the child with the department; (2) a description of the type and an 89 | |
| 126 | + | analysis of the effectiveness of the care, treatment and supervision that 90 | |
| 127 | + | the department has provided for the child; (3) for each child in substitute 91 | |
| 128 | + | care, the current visitation schedule between the child and his or her 92 | |
| 129 | + | parents and siblings; (4) a description of every effort taken by the 93 | |
| 130 | + | department to reunite the child with a parent or to find a permanent 94 | |
| 131 | + | placement for the child, including, where applicable, every effort to 95 | |
| 132 | + | assist each parent in remedying factors that contributed to the removal 96 | |
| 133 | + | of the child from the home; (5) a proposed timetable for reunification of 97 | |
| 134 | + | the child and a parent, a permanent placement if continued substitute 98 | |
| 135 | + | care is recommended or a justification of why extended substitute care 99 | |
| 136 | + | is necessary; [and] (6) whether the child has been visited no less 100 | |
| 137 | + | frequently than every three months by a state or private agency if the 101 | |
| 138 | + | child has been placed in foster care outside this state; (7) the dates of 102 | |
| 139 | + | administrative case review meetings and permanency team meetings; 103 | |
| 140 | + | (8) whether the department has received or obtained the most up-to-104 | |
| 141 | + | date information concerning the child's medical, dental, developmental, 105 | |
| 142 | + | educational and treatment needs from any relevant service providers; 106 | |
| 143 | + | (9) whether the child has received services recommended by any such 107 | |
| 144 | + | providers, and a description of any concerns identified by such 108 | |
| 145 | + | providers; (10) a description of (A) any new report alleging abuse or 109 | |
| 146 | + | neglect pertaining to the child or a parent of the child received pursuant 110 | |
| 147 | + | to section 17a-103a, (B) whether such report resulted in an investigation, 111 | |
| 148 | + | (C) the findings of any such investigation, and (D) any new criminal 112 | |
| 149 | + | charges made against any such parent as a result of any such 113 | |
| 150 | + | investigation; (11) for any child in the care and custody of the 114 | |
| 151 | + | department, whether the child was placed in a licensed home or home 115 | |
| 152 | + | eligible for licensure pursuant to section 17a-114, and whether any 116 | |
| 153 | + | applicable waivers have been obtained pursuant to said section; and (12) 117 | |
| 154 | + | for any child under three years of age, whether the child was screened 118 | |
| 155 | + | for developmental and social-emotional delays pursuant to section 17a-119 Substitute Bill No. 5382 | |
| 172 | 156 | ||
| 173 | - | interfere with a pending criminal investigation. | |
| 174 | - | Sec. 4. Subsection (h) of section 17a-28 of the 2024 supplement to the | |
| 175 | - | general statutes is repealed and the following is substituted in lieu | |
| 176 | - | thereof (Effective July 1, 2024): | |
| 177 | - | (h) The department may, subject to subsections (b) and (c) of this | |
| 178 | - | section, disclose records without the consent of the person who is the | |
| 179 | - | subject of the record, to: | |
| 180 | - | (1) An employee or former employee of the department or such | |
| 181 | - | employee or former employee's authorized representative for purposes | |
| 182 | - | of participating in any court, administrative or disciplinary proceeding, | |
| 183 | - | provided such disclosure shall be limited to records that are necessary | |
| 184 | - | to the proceeding, as determined by the department; | |
| 185 | - | (2) Multidisciplinary teams, as described in section 17a-106a; | |
| 186 | - | (3) A provider of professional services for a child, youth or parent | |
| 187 | - | referred to such provider, provided such disclosure is limited to | |
| 188 | - | information necessary to provide services to the child, youth or parent; | |
| 189 | - | (4) An individual or agency under contract with the department for | |
| 190 | - | the purposes of identifying and assessing a potential foster or adoptive | |
| 191 | - | home or visiting resource for a child or youth, provided no information | |
| 192 | - | identifying a biological parent of a child or youth is disclosed without | |
| 193 | - | the permission of such biological parent; | |
| 194 | - | (5) A physician examining a child with respect to whom abuse or | |
| 195 | - | neglect is suspected and who is authorized pursuant to section 17a-101f | |
| 196 | - | to keep the child in the custody of a hospital when such physician | |
| 197 | - | requires the information in a record of the department to determine | |
| 198 | - | whether to keep the child in protective custody; | |
| 199 | - | (6) An individual who reports child abuse or neglect pursuant to Substitute House Bill No. 5382 | |
| 200 | 157 | ||
| 201 | - | Public Act No. 24-126 7 of 24 | |
| 158 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 159 | + | R01-HB.docx } | |
| 160 | + | 5 of 23 | |
| 202 | 161 | ||
| 203 | - | sections 17a-101a to 17a-101c, inclusive, or section 17a-103, who made a | |
| 204 | - | report of abuse or neglect, provided the information disclosed is limited | |
| 205 | - | to (A) the status of the investigation conducted pursuant to section 17a- | |
| 206 | - | 101g resulting from the individual's report; and (B) in general terms, the | |
| 207 | - | action taken by the department as a result of such investigation; | |
| 208 | - | (7) An individual or organization engaged in the business of medical, | |
| 209 | - | psychological or psychiatric diagnosis and treatment and who is | |
| 210 | - | treating a person, provided the commissioner, or the commissioner's | |
| 211 | - | designee, determines that the disclosure is necessary to accomplish the | |
| 212 | - | objectives of diagnosis or treatment; | |
| 213 | - | (8) A court or public agency in another state or a federally recognized | |
| 214 | - | Indian tribe, that is responsible for investigating child abuse or neglect, | |
| 215 | - | preventing child abuse and neglect or providing services to families at | |
| 216 | - | risk for child abuse or neglect, for the purpose of such investigation, | |
| 217 | - | prevention or providing services to such families; | |
| 218 | - | (9) An individual conducting bona fide research, provided no | |
| 219 | - | information identifying the subject of the record is disclosed unless (A) | |
| 220 | - | such information is essential to the purpose of the research; and (B) the | |
| 221 | - | department has given written approval for the use of such information; | |
| 222 | - | (10) An individual or agency involved in the collection of fees for | |
| 223 | - | services, provided such information is limited to the name and address | |
| 224 | - | of the person who received the services and the fees for services, except | |
| 225 | - | as provided in section 17b-225. In cases where a dispute arises over such | |
| 226 | - | fees or claims or where additional information is needed to substantiate | |
| 227 | - | the fee or claim, the Department of Children and Families may disclose | |
| 228 | - | the following: (A) That the person was, in fact, provided services by the | |
| 229 | - | department; (B) the dates and duration of such services; and (C) a | |
| 230 | - | general description of the types of services, including evidence that a | |
| 231 | - | service or treatment plan exists and has been carried out and evidence | |
| 232 | - | to substantiate the necessity for admission and length of stay in an Substitute House Bill No. 5382 | |
| 162 | + | 106e, whether any such delays were identified and, if so, whether the 120 | |
| 163 | + | child was referred to the birth-to-three program pursuant to said 121 | |
| 164 | + | section. 122 | |
| 165 | + | Sec. 3. Subsection (g) of section 17a-28 of the 2024 supplement to the 123 | |
| 166 | + | general statutes is amended by adding subdivision (34) as follows 124 | |
| 167 | + | (Effective July 1, 2024): 125 | |
| 168 | + | (NEW) (34) Any individual, when the information concerns an 126 | |
| 169 | + | incident of abuse or neglect that resulted in the fatality or near fatality 127 | |
| 170 | + | of a child or youth, provided (A) such disclosure shall be limited to the 128 | |
| 171 | + | age and gender of such child or youth and descriptions of reports of or 129 | |
| 172 | + | investigations into child abuse or neglect that are relevant to such 130 | |
| 173 | + | fatality or near fatality, including the findings of any such investigations 131 | |
| 174 | + | and any actions commenced or services provided by the department 132 | |
| 175 | + | pursuant to any such reports or investigations, and (B) the department 133 | |
| 176 | + | shall not make any disclosure that is prohibited by the provisions of any 134 | |
| 177 | + | relevant federal law, including, but not limited to, Titles IV-B and IV-E 135 | |
| 178 | + | of the Social Security Act, as amended from time to time. The 136 | |
| 179 | + | department may withhold the disclosure of any records described in 137 | |
| 180 | + | this subdivision if the commissioner determines that such disclosure 138 | |
| 181 | + | may (i) result in harm to the safety or well-being of the child or youth 139 | |
| 182 | + | who is the subject of such records, the family of such child or youth, or 140 | |
| 183 | + | any individual who made a report of abuse or neglect pertaining to such 141 | |
| 184 | + | child or youth, or (ii) interfere with a pending criminal investigation. 142 | |
| 185 | + | Sec. 4. Subsection (h) of section 17a-28 of the 2024 supplement to the 143 | |
| 186 | + | general statutes is repealed and the following is substituted in lieu 144 | |
| 187 | + | thereof (Effective July 1, 2024): 145 | |
| 188 | + | (h) The department may, subject to subsections (b) and (c) of this 146 | |
| 189 | + | section, disclose records without the consent of the person who is the 147 | |
| 190 | + | subject of the record, to: 148 | |
| 191 | + | (1) An employee or former employee of the department or such 149 | |
| 192 | + | employee or former employee's authorized representative for purposes 150 Substitute Bill No. 5382 | |
| 233 | 193 | ||
| 234 | - | Public Act No. 24-126 8 of 24 | |
| 235 | 194 | ||
| 236 | - | institution or facility; | |
| 237 | - | (11) A law enforcement officer or state's attorney if there is reasonable | |
| 238 | - | cause to believe that (A) a child or youth is being abused or neglected or | |
| 239 | - | at risk of being abused or neglected as a result of any suspected criminal | |
| 240 | - | activity by any individual, or (B) an employee of the department is being | |
| 241 | - | threatened or harassed or has been assaulted by a client or coworker; | |
| 242 | - | (12) Any individual interviewed as part of an investigation | |
| 243 | - | conducted pursuant to section 17a-101g, who is not otherwise entitled | |
| 244 | - | to such information, provided such disclosure is limited to: (A) The | |
| 245 | - | general nature of the allegations contained in the reports; (B) the identity | |
| 246 | - | of the child or youth alleged to have been abused or neglected; and (C) | |
| 247 | - | information necessary to effectively conduct the investigation; | |
| 248 | - | (13) Any individual, when information concerning an incident of | |
| 249 | - | child abuse or neglect has been made public or the commissioner | |
| 250 | - | reasonably believes publication of such information is likely, provided | |
| 251 | - | such disclosure is limited to: (A) Whether the department has received | |
| 252 | - | any report in accordance with sections 17a-101a to 17a-101c, inclusive, | |
| 253 | - | or section 17a-103; (B) in general terms, any action taken by the | |
| 254 | - | department, provided: (i) Names or other individually identifiable | |
| 255 | - | information of the child or other family members is not disclosed, | |
| 256 | - | regardless of whether such individually identifiable information is | |
| 257 | - | otherwise available, and (ii) the name or other individually identifiable | |
| 258 | - | information of the person suspected to be responsible for the abuse or | |
| 259 | - | neglect is not disclosed unless such person has been arrested for a crime | |
| 260 | - | due to such abuse or neglect; (C) confirmation or denial of the accuracy | |
| 261 | - | of information that has been made public; and (D) notwithstanding the | |
| 262 | - | provisions of section 46b-124, in general terms, the legal status of the | |
| 263 | - | case; | |
| 264 | - | (14) Any individual for the purpose of locating such individual's | |
| 265 | - | missing parent, child, sibling, aunt, uncle, first cousin or grandparent, Substitute House Bill No. 5382 | |
| 195 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 196 | + | R01-HB.docx } | |
| 197 | + | 6 of 23 | |
| 266 | 198 | ||
| 267 | - | Public Act No. 24-126 9 of 24 | |
| 199 | + | of participating in any court, administrative or disciplinary proceeding, 151 | |
| 200 | + | provided such disclosure shall be limited to records that are necessary 152 | |
| 201 | + | to the proceeding, as determined by the department; 153 | |
| 202 | + | (2) Multidisciplinary teams, as described in section 17a-106a; 154 | |
| 203 | + | (3) A provider of professional services for a child, youth or parent 155 | |
| 204 | + | referred to such provider, provided such disclosure is limited to 156 | |
| 205 | + | information necessary to provide services to the child, youth or parent; 157 | |
| 206 | + | (4) An individual or agency under contract with the department for 158 | |
| 207 | + | the purposes of identifying and assessing a potential foster or adoptive 159 | |
| 208 | + | home or visiting resource for a child or youth, provided no information 160 | |
| 209 | + | identifying a biological parent of a child or youth is disclosed without 161 | |
| 210 | + | the permission of such biological parent; 162 | |
| 211 | + | (5) A physician examining a child with respect to whom abuse or 163 | |
| 212 | + | neglect is suspected and who is authorized pursuant to section 17a-101f 164 | |
| 213 | + | to keep the child in the custody of a hospital when such physician 165 | |
| 214 | + | requires the information in a record of the department to determine 166 | |
| 215 | + | whether to keep the child in protective custody; 167 | |
| 216 | + | (6) An individual who reports child abuse or neglect pursuant to 168 | |
| 217 | + | sections 17a-101a to 17a-101c, inclusive, or section 17a-103, who made a 169 | |
| 218 | + | report of abuse or neglect, provided the information disclosed is limited 170 | |
| 219 | + | to (A) the status of the investigation conducted pursuant to section 17a-171 | |
| 220 | + | 101g resulting from the individual's report; and (B) in general terms, the 172 | |
| 221 | + | action taken by the department as a result of such investigation; 173 | |
| 222 | + | (7) An individual or organization engaged in the business of medical, 174 | |
| 223 | + | psychological or psychiatric diagnosis and treatment and who is 175 | |
| 224 | + | treating a person, provided the commissioner, or the commissioner's 176 | |
| 225 | + | designee, determines that the disclosure is necessary to accomplish the 177 | |
| 226 | + | objectives of diagnosis or treatment; 178 | |
| 227 | + | (8) A court or public agency in another state or a federally recognized 179 | |
| 228 | + | Indian tribe, that is responsible for investigating child abuse or neglect, 180 Substitute Bill No. 5382 | |
| 268 | 229 | ||
| 269 | - | provided such disclosure is limited to information that assists in | |
| 270 | - | locating such missing parent, child, sibling, aunt, uncle, first cousin or | |
| 271 | - | grandparent; | |
| 272 | - | [(15) Any individual, when the information concerns an incident of | |
| 273 | - | abuse or neglect that resulted in a child or youth fatality or near fatality | |
| 274 | - | of a child or youth, provided disclosure of such information is in general | |
| 275 | - | terms and does not jeopardize a pending investigation;] | |
| 276 | - | [(16)] (15) A judge of a court of competent jurisdiction whenever an | |
| 277 | - | employee of the department is subpoenaed and ordered to testify about | |
| 278 | - | such records for purposes of in camera inspection to determine if such | |
| 279 | - | records may be disclosed pursuant to this section if (A) the court has | |
| 280 | - | ordered that such records be provided to the court; or (B) a party to the | |
| 281 | - | proceeding has issued a subpoena for such records; and | |
| 282 | - | [(17)] (16) An individual who is not employed by the department who | |
| 283 | - | arranges, performs or assists in performing functions or activities on | |
| 284 | - | behalf of the department, including, but not limited to, data analysis, | |
| 285 | - | processing or administration, utilization reviews, quality assurance, | |
| 286 | - | practice management, consultation, data aggregation and accreditation | |
| 287 | - | services. | |
| 288 | - | Sec. 5. Subsection (j) of section 46b-129 of the general statutes is | |
| 289 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
| 290 | - | 2024): | |
| 291 | - | (j) (1) For the purposes of this subsection and subsection (k) of this | |
| 292 | - | section, (A) "permanent legal guardianship" means a permanent | |
| 293 | - | guardianship, as defined in section 45a-604, [and] (B) "caregiver" means | |
| 294 | - | (i) a fictive kin caregiver, as defined in section 17a-114, who is caring for | |
| 295 | - | a child, (ii) a relative caregiver, as defined in section 17a-126, who is | |
| 296 | - | caring for a child, or (iii) a person who is licensed or approved to | |
| 297 | - | provide foster care pursuant to section 17a-114, who is caring for a child, Substitute House Bill No. 5382 | |
| 298 | 230 | ||
| 299 | - | Public Act No. 24-126 10 of 24 | |
| 231 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 232 | + | R01-HB.docx } | |
| 233 | + | 7 of 23 | |
| 300 | 234 | ||
| 301 | - | ||
| 302 | - | ||
| 303 | - | ||
| 304 | - | ( | |
| 305 | - | ||
| 306 | - | to the | |
| 307 | - | ||
| 308 | - | ||
| 309 | - | ||
| 310 | - | ||
| 311 | - | ||
| 312 | - | ||
| 313 | - | ||
| 314 | - | by | |
| 315 | - | ||
| 316 | - | of | |
| 317 | - | ||
| 318 | - | the | |
| 319 | - | ||
| 320 | - | ||
| 321 | - | ||
| 322 | - | ||
| 323 | - | ||
| 324 | - | ||
| 325 | - | ||
| 326 | - | ||
| 327 | - | such | |
| 328 | - | ||
| 329 | - | ||
| 330 | - | ||
| 331 | - | ||
| 235 | + | preventing child abuse and neglect or providing services to families at 181 | |
| 236 | + | risk for child abuse or neglect, for the purpose of such investigation, 182 | |
| 237 | + | prevention or providing services to such families; 183 | |
| 238 | + | (9) An individual conducting bona fide research, provided no 184 | |
| 239 | + | information identifying the subject of the record is disclosed unless (A) 185 | |
| 240 | + | such information is essential to the purpose of the research; and (B) the 186 | |
| 241 | + | department has given written approval for the use of such information; 187 | |
| 242 | + | (10) An individual or agency involved in the collection of fees for 188 | |
| 243 | + | services, provided such information is limited to the name and address 189 | |
| 244 | + | of the person who received the services and the fees for services, except 190 | |
| 245 | + | as provided in section 17b-225. In cases where a dispute arises over such 191 | |
| 246 | + | fees or claims or where additional information is needed to substantiate 192 | |
| 247 | + | the fee or claim, the Department of Children and Families may disclose 193 | |
| 248 | + | the following: (A) That the person was, in fact, provided services by the 194 | |
| 249 | + | department; (B) the dates and duration of such services; and (C) a 195 | |
| 250 | + | general description of the types of services, including evidence that a 196 | |
| 251 | + | service or treatment plan exists and has been carried out and evidence 197 | |
| 252 | + | to substantiate the necessity for admission and length of stay in an 198 | |
| 253 | + | institution or facility; 199 | |
| 254 | + | (11) A law enforcement officer or state's attorney if there is reasonable 200 | |
| 255 | + | cause to believe that (A) a child or youth is being abused or neglected or 201 | |
| 256 | + | at risk of being abused or neglected as a result of any suspected criminal 202 | |
| 257 | + | activity by any individual, or (B) an employee of the department is being 203 | |
| 258 | + | threatened or harassed or has been assaulted by a client or coworker; 204 | |
| 259 | + | (12) Any individual interviewed as part of an investigation 205 | |
| 260 | + | conducted pursuant to section 17a-101g, who is not otherwise entitled 206 | |
| 261 | + | to such information, provided such disclosure is limited to: (A) The 207 | |
| 262 | + | general nature of the allegations contained in the reports; (B) the identity 208 | |
| 263 | + | of the child or youth alleged to have been abused or neglected; and (C) 209 | |
| 264 | + | information necessary to effectively conduct the investigation; 210 | |
| 265 | + | (13) Any individual, when information concerning an incident of 211 Substitute Bill No. 5382 | |
| 332 | 266 | ||
| 333 | - | Public Act No. 24-126 11 of 24 | |
| 334 | 267 | ||
| 335 | - | announced and unannounced visits to the home by the department and | |
| 336 | - | the provision of any services during such trial home visit that the | |
| 337 | - | commissioner determines are necessary to promote the child's or | |
| 338 | - | youth's well-being; and (C) file a motion for revocation of commitment | |
| 339 | - | not later than thirty days after the date such trial home visit commences, | |
| 340 | - | unless the commissioner removes the child or youth from the home | |
| 341 | - | prior to that time pursuant to its responsibility and authority over | |
| 342 | - | children and youth committed to the care and custody of the | |
| 343 | - | commissioner. A trial home visit authorized under this section shall | |
| 344 | - | remain in effect until the commissioner removes such child or youth | |
| 345 | - | pursuant to subparagraph (C) of this subdivision or the court grants a | |
| 346 | - | motion for revocation of commitment filed pursuant to said | |
| 347 | - | subparagraph. | |
| 348 | - | [(3)] (4) If the court determines that the commitment should be | |
| 349 | - | revoked and the child's or youth's legal guardianship or permanent | |
| 350 | - | legal guardianship should vest in someone other than the respondent | |
| 351 | - | parent, parents or former guardian, or if parental rights are terminated | |
| 352 | - | at any time, there shall be a rebuttable presumption that an award of | |
| 353 | - | legal guardianship or permanent legal guardianship upon revocation | |
| 354 | - | to, or adoption upon termination of parental rights by, any caregiver or | |
| 355 | - | person or who is, pursuant to an order of the court, the temporary | |
| 356 | - | custodian of the child or youth at the time of the revocation or | |
| 357 | - | termination, shall be in the best interests of the child or youth and that | |
| 358 | - | such caregiver is a suitable and worthy person to assume legal | |
| 359 | - | guardianship or permanent legal guardianship upon revocation or to | |
| 360 | - | adopt such child or youth upon termination of parental rights. The | |
| 361 | - | presumption may be rebutted by a preponderance of the evidence that | |
| 362 | - | an award of legal guardianship or permanent legal guardianship to, or | |
| 363 | - | an adoption by, such caregiver would not be in the child's or youth's | |
| 364 | - | best interests and such caregiver is not a suitable and worthy person. | |
| 365 | - | The court shall order specific steps that the parent must take to facilitate | |
| 366 | - | the return of the child or youth to the custody of such parent. Substitute House Bill No. 5382 | |
| 268 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 269 | + | R01-HB.docx } | |
| 270 | + | 8 of 23 | |
| 367 | 271 | ||
| 368 | - | Public Act No. 24-126 12 of 24 | |
| 272 | + | child abuse or neglect has been made public or the commissioner 212 | |
| 273 | + | reasonably believes publication of such information is likely, provided 213 | |
| 274 | + | such disclosure is limited to: (A) Whether the department has received 214 | |
| 275 | + | any report in accordance with sections 17a-101a to 17a-101c, inclusive, 215 | |
| 276 | + | or section 17a-103; (B) in general terms, any action taken by the 216 | |
| 277 | + | department, provided: (i) Names or other individually identifiable 217 | |
| 278 | + | information of the child or other family members is not disclosed, 218 | |
| 279 | + | regardless of whether such individually identifiable information is 219 | |
| 280 | + | otherwise available, and (ii) the name or other individually identifiable 220 | |
| 281 | + | information of the person suspected to be responsible for the abuse or 221 | |
| 282 | + | neglect is not disclosed unless such person has been arrested for a crime 222 | |
| 283 | + | due to such abuse or neglect; (C) confirmation or denial of the accuracy 223 | |
| 284 | + | of information that has been made public; and (D) notwithstanding the 224 | |
| 285 | + | provisions of section 46b-124, in general terms, the legal status of the 225 | |
| 286 | + | case; 226 | |
| 287 | + | (14) Any individual for the purpose of locating such individual's 227 | |
| 288 | + | missing parent, child, sibling, aunt, uncle, first cousin or grandparent, 228 | |
| 289 | + | provided such disclosure is limited to information that assists in 229 | |
| 290 | + | locating such missing parent, child, sibling, aunt, uncle, first cousin or 230 | |
| 291 | + | grandparent; 231 | |
| 292 | + | [(15) Any individual, when the information concerns an incident of 232 | |
| 293 | + | abuse or neglect that resulted in a child or youth fatality or near fatality 233 | |
| 294 | + | of a child or youth, provided disclosure of such information is in general 234 | |
| 295 | + | terms and does not jeopardize a pending investigation;] 235 | |
| 296 | + | [(16)] (15) A judge of a court of competent jurisdiction whenever an 236 | |
| 297 | + | employee of the department is subpoenaed and ordered to testify about 237 | |
| 298 | + | such records for purposes of in camera inspection to determine if such 238 | |
| 299 | + | records may be disclosed pursuant to this section if (A) the court has 239 | |
| 300 | + | ordered that such records be provided to the court; or (B) a party to the 240 | |
| 301 | + | proceeding has issued a subpoena for such records; and 241 | |
| 302 | + | [(17)] (16) An individual who is not employed by the department who 242 | |
| 303 | + | arranges, performs or assists in performing functions or activities on 243 Substitute Bill No. 5382 | |
| 369 | 304 | ||
| 370 | - | [(4)] (5) The commissioner shall be the guardian of such child or | |
| 371 | - | youth for the duration of the commitment, provided the child or youth | |
| 372 | - | has not reached the age of eighteen years, or until another guardian has | |
| 373 | - | been legally appointed, and in like manner, upon such vesting of the | |
| 374 | - | care of such child or youth, such other public or private agency or | |
| 375 | - | individual shall be the guardian of such child or youth until such child | |
| 376 | - | or youth has reached the age of eighteen years or, in the case of a child | |
| 377 | - | or youth in full-time attendance in a secondary school, a technical | |
| 378 | - | education and career school, a college or a state-accredited job training | |
| 379 | - | program, until such child or youth has reached the age of twenty-one | |
| 380 | - | years or until another guardian has been legally appointed. The | |
| 381 | - | commissioner may place any child or youth so committed to the | |
| 382 | - | commissioner in a suitable foster home or in the home of a fictive kin | |
| 383 | - | caregiver, relative caregiver, or in a licensed child-caring institution or | |
| 384 | - | in the care and custody of any accredited, licensed or approved child- | |
| 385 | - | caring agency, within or without the state, provided a child shall not be | |
| 386 | - | placed outside the state except for good cause and unless the parents or | |
| 387 | - | guardian of such child are notified in advance of such placement and | |
| 388 | - | given an opportunity to be heard, or in a receiving home maintained | |
| 389 | - | and operated by the commissioner. When placing such child or youth, | |
| 390 | - | the commissioner shall provide written notification of the placement, | |
| 391 | - | including the name, address and other relevant contact information | |
| 392 | - | relating to the placement, to any attorney or guardian ad litem | |
| 393 | - | appointed to represent the child or youth pursuant to subsection (c) of | |
| 394 | - | this section. The commissioner shall provide written notification to such | |
| 395 | - | attorney or guardian ad litem of any change in placement of such child | |
| 396 | - | or youth, including a hospitalization or respite placement, and if the | |
| 397 | - | child or youth absconds from care. The commissioner shall provide such | |
| 398 | - | written notification not later than ten business days prior to the date of | |
| 399 | - | change of placement in a nonemergency situation, or not later than two | |
| 400 | - | business days following the date of a change of placement in an | |
| 401 | - | emergency situation. In placing such child or youth, the commissioner | |
| 402 | - | shall, if possible, select a home, agency, institution or person of like Substitute House Bill No. 5382 | |
| 403 | 305 | ||
| 404 | - | Public Act No. 24-126 13 of 24 | |
| 306 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 307 | + | R01-HB.docx } | |
| 308 | + | 9 of 23 | |
| 405 | 309 | ||
| 406 | - | religious faith to that of a parent of such child or youth, if such faith is | |
| 407 | - | known or may be ascertained by reasonable inquiry, provided such | |
| 408 | - | home conforms to the standards of the commissioner and the | |
| 409 | - | commissioner shall, when placing siblings, if possible, place such | |
| 410 | - | children together. At least ten days prior to transferring a child or youth | |
| 411 | - | to a second or subsequent placement, the commissioner shall give | |
| 412 | - | written notice to such child or youth and such [child] child's or youth's | |
| 413 | - | attorney of said commissioner's intention to make such transfer, unless | |
| 414 | - | an emergency or risk to such [child] child's or youth's well-being | |
| 415 | - | necessitates the immediate transfer of such child and renders such | |
| 416 | - | notice impossible. Upon the issuance of an order committing the child | |
| 417 | - | or youth to the commissioner, or not later than sixty days after the | |
| 418 | - | issuance of such order, the court shall determine whether the | |
| 419 | - | department made reasonable efforts to keep the child or youth with his | |
| 420 | - | or her parents or guardian prior to the issuance of such order and, if | |
| 421 | - | such efforts were not made, whether such reasonable efforts were not | |
| 422 | - | possible, taking into consideration the child's or youth's best interests, | |
| 423 | - | including the child's or youth's health and safety. | |
| 424 | - | [(5)] (6) A youth who is committed to the commissioner pursuant to | |
| 425 | - | this subsection and has reached eighteen years of age may remain in the | |
| 426 | - | care of the commissioner, by consent of the youth and provided the | |
| 427 | - | youth has not reached the age of twenty-one years of age, if the youth is | |
| 428 | - | (A) enrolled in a full-time approved secondary education program or an | |
| 429 | - | approved program leading to an equivalent credential; (B) enrolled full | |
| 430 | - | time in an institution which provides postsecondary or vocational | |
| 431 | - | education; or (C) participating full time in a program or activity | |
| 432 | - | approved by said commissioner that is designed to promote or remove | |
| 433 | - | barriers to employment. The commissioner, in [his or her] the | |
| 434 | - | commissioner's discretion, may waive the provision of full-time | |
| 435 | - | enrollment or participation based on compelling circumstances. Not | |
| 436 | - | more than one hundred twenty days after the youth's eighteenth | |
| 437 | - | birthday, the department shall file a motion in the superior court for Substitute House Bill No. 5382 | |
| 310 | + | behalf of the department, including, but not limited to, data analysis, 244 | |
| 311 | + | processing or administration, utilization reviews, quality assurance, 245 | |
| 312 | + | practice management, consultation, data aggregation and accreditation 246 | |
| 313 | + | services. 247 | |
| 314 | + | Sec. 5. Subsection (j) of section 46b-129 of the general statutes is 248 | |
| 315 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 249 | |
| 316 | + | 2024): 250 | |
| 317 | + | (j) (1) For the purposes of this subsection and subsection (k) of this 251 | |
| 318 | + | section, (A) "permanent legal guardianship" means a permanent 252 | |
| 319 | + | guardianship, as defined in section 45a-604, [and] (B) "caregiver" means 253 | |
| 320 | + | (i) a fictive kin caregiver, as defined in section 17a-114, who is caring for 254 | |
| 321 | + | a child, (ii) a relative caregiver, as defined in section 17a-126, who is 255 | |
| 322 | + | caring for a child, or (iii) a person who is licensed or approved to 256 | |
| 323 | + | provide foster care pursuant to section 17a-114, who is caring for a child, 257 | |
| 324 | + | and (C) "trial home placement" means the temporary placement of a 258 | |
| 325 | + | child or youth committed to the Commissioner of Children and Families 259 | |
| 326 | + | in the home of such child's or youth's parent or guardian. 260 | |
| 327 | + | (2) Upon finding and adjudging that any child or youth is uncared 261 | |
| 328 | + | for, neglected or abused the court may (A) commit such child or youth 262 | |
| 329 | + | to the Commissioner of Children and Families, and such commitment 263 | |
| 330 | + | shall remain in effect until further order of the court, except that such 264 | |
| 331 | + | commitment may be revoked or parental rights terminated at any time 265 | |
| 332 | + | by the court; (B) vest such child's or youth's legal guardianship in any 266 | |
| 333 | + | private or public agency that is permitted by law to care for neglected, 267 | |
| 334 | + | uncared for or abused children or youths or with any other person or 268 | |
| 335 | + | persons found to be suitable and worthy of such responsibility by the 269 | |
| 336 | + | court, including, but not limited to, any relative of such child or youth 270 | |
| 337 | + | by blood or marriage; (C) vest such child's or youth's permanent legal 271 | |
| 338 | + | guardianship in any person or persons found to be suitable and worthy 272 | |
| 339 | + | of such responsibility by the court, including, but not limited to, any 273 | |
| 340 | + | relative of such child or youth by blood or marriage in accordance with 274 | |
| 341 | + | the requirements set forth in subdivision [(5)] (6) of this subsection; or 275 | |
| 342 | + | (D) place the child or youth in the custody of the parent or guardian 276 Substitute Bill No. 5382 | |
| 438 | 343 | ||
| 439 | - | Public Act No. 24-126 14 of 24 | |
| 440 | 344 | ||
| 441 | - | juvenile matters that had jurisdiction over the youth's case prior to the | |
| 442 | - | youth's eighteenth birthday for a determination as to whether | |
| 443 | - | continuation in care is in the youth's best interest and, if so, whether | |
| 444 | - | there is an appropriate permanency plan. The court, in its discretion, | |
| 445 | - | may hold a hearing on said motion. | |
| 446 | - | [(6)] (7) Prior to issuing an order for permanent legal guardianship, | |
| 447 | - | the court shall provide notice to each parent that the parent may not file | |
| 448 | - | a motion to terminate the permanent legal guardianship, or the court | |
| 449 | - | shall indicate on the record why such notice could not be provided, and | |
| 450 | - | the court shall find by clear and convincing evidence that the permanent | |
| 451 | - | legal guardianship is in the best interests of the child or youth and that | |
| 452 | - | the following have been proven by clear and convincing evidence: | |
| 453 | - | (A) One of the statutory grounds for termination of parental rights | |
| 454 | - | exists, as set forth in subsection (j) of section 17a-112, or the parents have | |
| 455 | - | voluntarily consented to the establishment of the permanent legal | |
| 456 | - | guardianship; | |
| 457 | - | (B) Adoption of the child or youth is not possible or appropriate; | |
| 458 | - | (C) (i) If the child or youth is at least twelve years of age, such child | |
| 459 | - | or youth consents to the proposed permanent legal guardianship, or (ii) | |
| 460 | - | if the child is under twelve years of age, the proposed permanent legal | |
| 461 | - | guardian is: (I) A relative, (II) a caregiver, or (III) already serving as the | |
| 462 | - | permanent legal guardian of at least one of the child's siblings, if any; | |
| 463 | - | (D) The child or youth has resided with the proposed permanent | |
| 464 | - | legal guardian for at least a year; and | |
| 465 | - | (E) The proposed permanent legal guardian is (i) a suitable and | |
| 466 | - | worthy person, and (ii) committed to remaining the permanent legal | |
| 467 | - | guardian and assuming the right and responsibilities for the child or | |
| 468 | - | youth until the child or youth attains the age of majority. Substitute House Bill No. 5382 | |
| 345 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 346 | + | R01-HB.docx } | |
| 347 | + | 10 of 23 | |
| 469 | 348 | ||
| 470 | - | Public Act No. 24-126 15 of 24 | |
| 349 | + | with protective supervision by the Commissioner of Children and 277 | |
| 350 | + | Families subject to conditions established by the court. 278 | |
| 351 | + | (3) If the court approves a permanency plan filed with the court that 279 | |
| 352 | + | recommends the reunification of the child or youth with such child's or 280 | |
| 353 | + | youth's parent or guardian, the Commissioner of Children and Families 281 | |
| 354 | + | may, with the agreement of all parties of record, authorize a trial home 282 | |
| 355 | + | placement prior to the revocation of the order of commitment pertaining 283 | |
| 356 | + | to such child or youth. The commissioner shall (A) provide the court 284 | |
| 357 | + | and all parties of record written notice of the commissioner's intent to 285 | |
| 358 | + | authorize any such trial home placement not later than fifteen days prior 286 | |
| 359 | + | to such authorization; (B) create a trial home placement plan that shall 287 | |
| 360 | + | be provided to all parties of record, and include, but need not be limited 288 | |
| 361 | + | to, announced and unannounced visits to the home by the department 289 | |
| 362 | + | and the provision of any services during such trial home placement that 290 | |
| 363 | + | the commissioner determines are necessary to promote the child's or 291 | |
| 364 | + | youth's well-being; and (C) file a motion for revocation of commitment 292 | |
| 365 | + | not later than thirty days after the date such trial home placement 293 | |
| 366 | + | commences, unless the commissioner determines that reunification is no 294 | |
| 367 | + | longer in the child's or youth's best interests. 295 | |
| 368 | + | [(3)] (4) If the court determines that the commitment should be 296 | |
| 369 | + | revoked and the child's or youth's legal guardianship or permanent 297 | |
| 370 | + | legal guardianship should vest in someone other than the respondent 298 | |
| 371 | + | parent, parents or former guardian, or if parental rights are terminated 299 | |
| 372 | + | at any time, there shall be a rebuttable presumption that an award of 300 | |
| 373 | + | legal guardianship or permanent legal guardianship upon revocation 301 | |
| 374 | + | to, or adoption upon termination of parental rights by, any caregiver or 302 | |
| 375 | + | person or who is, pursuant to an order of the court, the temporary 303 | |
| 376 | + | custodian of the child or youth at the time of the revocation or 304 | |
| 377 | + | termination, shall be in the best interests of the child or youth and that 305 | |
| 378 | + | such caregiver is a suitable and worthy person to assume legal 306 | |
| 379 | + | guardianship or permanent legal guardianship upon revocation or to 307 | |
| 380 | + | adopt such child or youth upon termination of parental rights. The 308 | |
| 381 | + | presumption may be rebutted by a preponderance of the evidence that 309 Substitute Bill No. 5382 | |
| 471 | 382 | ||
| 472 | - | [(7)] (8) An order of permanent legal guardianship may be reopened | |
| 473 | - | and modified and the permanent legal guardian removed upon the | |
| 474 | - | filing of a motion with the court, provided it is proven by a fair | |
| 475 | - | preponderance of the evidence that the permanent legal guardian is no | |
| 476 | - | longer suitable and worthy. A parent may not file a motion to terminate | |
| 477 | - | a permanent legal guardianship. If, after a hearing, the court terminates | |
| 478 | - | a permanent legal guardianship, the court, in appointing a successor | |
| 479 | - | legal guardian or permanent legal guardian for the child or youth shall | |
| 480 | - | do so in accordance with this subsection. | |
| 481 | - | Sec. 6. Subsections (p) to (t), inclusive, of section 46b-129 of the | |
| 482 | - | general statutes are repealed and the following is substituted in lieu | |
| 483 | - | thereof (Effective July 1, 2024): | |
| 484 | - | (p) A foster parent, prospective adoptive parent or relative caregiver | |
| 485 | - | shall receive notice and have the right to be heard for the purposes of | |
| 486 | - | this section in Superior Court in any proceeding concerning a foster | |
| 487 | - | child living with such foster parent, prospective adoptive parent or | |
| 488 | - | relative caregiver. A foster parent, prospective adoptive parent or | |
| 489 | - | relative caregiver who has cared for a child or youth shall have the right | |
| 490 | - | to be heard and comment on the best interests of such child or youth in | |
| 491 | - | any proceeding under this section which is brought not more than one | |
| 492 | - | year after the last day the foster parent, prospective adoptive parent or | |
| 493 | - | relative caregiver provided such care. Any notice provided pursuant to | |
| 494 | - | this subsection shall include the Internet web site address for any | |
| 495 | - | proceeding that will be conducted on a virtual platform. The court shall | |
| 496 | - | confirm compliance with the notice requirements set forth in this | |
| 497 | - | subsection at any such proceeding. | |
| 498 | - | (q) Upon motion of any sibling of any child committed to the | |
| 499 | - | Department of Children and Families pursuant to this section, such | |
| 500 | - | sibling shall have the right to be heard concerning visitation with, and | |
| 501 | - | placement of, any such child. In awarding any visitation or modifying | |
| 502 | - | any placement, the court shall be guided by the best interests of all Substitute House Bill No. 5382 | |
| 503 | 383 | ||
| 504 | - | Public Act No. 24-126 16 of 24 | |
| 384 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 385 | + | R01-HB.docx } | |
| 386 | + | 11 of 23 | |
| 505 | 387 | ||
| 506 | - | siblings affected by such determination. | |
| 507 | - | (r) The provisions of section 17a-152, regarding placement of a child | |
| 508 | - | from another state, and section 17a-175, regarding the Interstate | |
| 509 | - | Compact on the Placement of Children, shall apply to placements | |
| 510 | - | pursuant to this section. In any proceeding under this section involving | |
| 511 | - | the placement of a child or youth in another state where the provisions | |
| 512 | - | of section 17a-175 are applicable, the court shall, before ordering or | |
| 513 | - | approving such placement, state for the record the court's finding | |
| 514 | - | concerning compliance with the provisions of section 17a-175. The | |
| 515 | - | court's statement shall include, but not be limited to: (1) A finding that | |
| 516 | - | the state has received notice in writing from the receiving state, in | |
| 517 | - | accordance with subsection (d) of Article III of section 17a-175, | |
| 518 | - | indicating that the proposed placement does not appear contrary to the | |
| 519 | - | interests of the child, (2) the court has reviewed such notice, (3) whether | |
| 520 | - | or not an interstate compact study or other home study has been | |
| 521 | - | completed by the receiving state, and (4) if such a study has been | |
| 522 | - | completed, whether the conclusions reached by the receiving state as a | |
| 523 | - | result of such study support the placement. | |
| 524 | - | (s) In any proceeding under this section, the Department of Children | |
| 525 | - | and Families shall provide notice to (1) each attorney of record for each | |
| 526 | - | party involved in the proceeding when the department seeks to transfer | |
| 527 | - | a child or youth in its care, custody or control to an out-of-state | |
| 528 | - | placement, and (2) the attorney for the child or youth, and any guardian | |
| 529 | - | ad litem for such child or youth, of (A) any new report of abuse or | |
| 530 | - | neglect pertaining to such child or youth or such child's or youth's | |
| 531 | - | parent or guardian received pursuant to section 17a-103a, (B) whether | |
| 532 | - | such report resulted in an investigation, and (C) the results of any such | |
| 533 | - | investigation. | |
| 534 | - | (t) If a child or youth is placed into out-of-home care by the | |
| 535 | - | Commissioner of Children and Families pursuant to this section, the | |
| 536 | - | commissioner shall include in any report the commissioner submits to Substitute House Bill No. 5382 | |
| 388 | + | an award of legal guardianship or permanent legal guardianship to, or 310 | |
| 389 | + | an adoption by, such caregiver would not be in the child's or youth's 311 | |
| 390 | + | best interests and such caregiver is not a suitable and worthy person. 312 | |
| 391 | + | The court shall order specific steps that the parent must take to facilitate 313 | |
| 392 | + | the return of the child or youth to the custody of such parent. 314 | |
| 393 | + | [(4)] (5) The commissioner shall be the guardian of such child or 315 | |
| 394 | + | youth for the duration of the commitment, provided the child or youth 316 | |
| 395 | + | has not reached the age of eighteen years, or until another guardian has 317 | |
| 396 | + | been legally appointed, and in like manner, upon such vesting of the 318 | |
| 397 | + | care of such child or youth, such other public or private agency or 319 | |
| 398 | + | individual shall be the guardian of such child or youth until such child 320 | |
| 399 | + | or youth has reached the age of eighteen years or, in the case of a child 321 | |
| 400 | + | or youth in full-time attendance in a secondary school, a technical 322 | |
| 401 | + | education and career school, a college or a state-accredited job training 323 | |
| 402 | + | program, until such child or youth has reached the age of twenty-one 324 | |
| 403 | + | years or until another guardian has been legally appointed. The 325 | |
| 404 | + | commissioner may place any child or youth so committed to the 326 | |
| 405 | + | commissioner in a suitable foster home or in the home of a fictive kin 327 | |
| 406 | + | caregiver, relative caregiver, or in a licensed child-caring institution or 328 | |
| 407 | + | in the care and custody of any accredited, licensed or approved child-329 | |
| 408 | + | caring agency, within or without the state, provided a child shall not be 330 | |
| 409 | + | placed outside the state except for good cause and unless the parents or 331 | |
| 410 | + | guardian of such child are notified in advance of such placement and 332 | |
| 411 | + | given an opportunity to be heard, or in a receiving home maintained 333 | |
| 412 | + | and operated by the commissioner. When placing such child or youth, 334 | |
| 413 | + | the commissioner shall provide written notification of the placement, 335 | |
| 414 | + | including the name, address and other relevant contact information 336 | |
| 415 | + | relating to the placement, to any attorney or guardian ad litem 337 | |
| 416 | + | appointed to represent the child or youth pursuant to subsection (c) of 338 | |
| 417 | + | this section. The commissioner shall provide written notification to such 339 | |
| 418 | + | attorney or guardian ad litem of any change in placement of such child 340 | |
| 419 | + | or youth, including a hospitalization or respite placement, and if the 341 | |
| 420 | + | child or youth absconds from care. The commissioner shall provide such 342 | |
| 421 | + | written notification not later than ten business days prior to the date of 343 Substitute Bill No. 5382 | |
| 537 | 422 | ||
| 538 | - | Public Act No. 24-126 17 of 24 | |
| 539 | 423 | ||
| 540 | - | the court information regarding (1) the safety and suitability of such | |
| 541 | - | [child] child's or youth's placement, taking into account the | |
| 542 | - | requirements set forth in section 17a-114; (2) whether the department | |
| 543 | - | has received or obtained the most recent information concerning such | |
| 544 | - | [child] child's or youth's medical, dental, developmental, educational | |
| 545 | - | and treatment needs from any relevant service providers; [and] (3) a | |
| 546 | - | timeline for ensuring that such needs are met; (4) for any such child or | |
| 547 | - | youth under three years of age, whether the child or youth was screened | |
| 548 | - | for developmental and social-emotional delays pursuant to section 17a- | |
| 549 | - | 106e, whether any such delays were identified and, if so, whether the | |
| 550 | - | child or youth was referred to the birth-to-three program pursuant to | |
| 551 | - | said section; (5) the dates of administrative case review meetings and | |
| 552 | - | permanency team meetings; (6) any new report alleging abuse or neglect | |
| 553 | - | pertaining to such child or youth or a parent or guardian of such child | |
| 554 | - | or youth pursuant to section 17a-103a, and (A) whether such report | |
| 555 | - | resulted in an investigation, and (B) the findings of any such | |
| 556 | - | investigation; and (7) any new criminal charges pending against any | |
| 557 | - | such parent or guardian. Such information shall also be submitted to the | |
| 558 | - | court (A) not later than ninety days after such child or youth is placed | |
| 559 | - | into out-of-home care; (B) if such [child] child's or youth's out-of-home | |
| 560 | - | placement changes; and (C)if the commissioner files a permanency plan | |
| 561 | - | on behalf of such child or youth. The court shall consider such | |
| 562 | - | information in making decisions regarding such [child] child's or | |
| 563 | - | youth's [well-being] best interests. | |
| 564 | - | Sec. 7. Section 46b-129 of the general statutes is amended by adding | |
| 565 | - | subsections (u) to (w), inclusive, as follows (Effective July 1, 2024): | |
| 566 | - | (NEW) (u) Prior to the issuance of any order affecting the legal status | |
| 567 | - | or placement of a child in any proceeding under this section, the court | |
| 568 | - | shall confirm that (1) any attorney for such child has obtained a clear | |
| 569 | - | understanding of the situation and the needs of such child, as described | |
| 570 | - | in 42 USC 5106a(b)(2)(B), as amended from time to time; (2) any Substitute House Bill No. 5382 | |
| 424 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 425 | + | R01-HB.docx } | |
| 426 | + | 12 of 23 | |
| 571 | 427 | ||
| 572 | - | Public Act No. 24-126 18 of 24 | |
| 428 | + | change of placement in a nonemergency situation, or not later than two 344 | |
| 429 | + | business days following the date of a change of placement in an 345 | |
| 430 | + | emergency situation. In placing such child or youth, the commissioner 346 | |
| 431 | + | shall, if possible, select a home, agency, institution or person of like 347 | |
| 432 | + | religious faith to that of a parent of such child or youth, if such faith is 348 | |
| 433 | + | known or may be ascertained by reasonable inquiry, provided such 349 | |
| 434 | + | home conforms to the standards of the commissioner and t he 350 | |
| 435 | + | commissioner shall, when placing siblings, if possible, place such 351 | |
| 436 | + | children together. At least ten days prior to transferring a child or youth 352 | |
| 437 | + | to a second or subsequent placement, the commissioner shall give 353 | |
| 438 | + | written notice to such child or youth and such [child] child's or youth's 354 | |
| 439 | + | attorney of said commissioner's intention to make such transfer, unless 355 | |
| 440 | + | an emergency or risk to such [child] child's or youth's well-being 356 | |
| 441 | + | necessitates the immediate transfer of such child and renders such 357 | |
| 442 | + | notice impossible. Upon the issuance of an order committing the child 358 | |
| 443 | + | or youth to the commissioner, or not later than sixty days after the 359 | |
| 444 | + | issuance of such order, the court shall determine whether the 360 | |
| 445 | + | department made reasonable efforts to keep the child or youth with his 361 | |
| 446 | + | or her parents or guardian prior to the issuance of such order and, if 362 | |
| 447 | + | such efforts were not made, whether such reasonable efforts were not 363 | |
| 448 | + | possible, taking into consideration the child's or youth's best interests, 364 | |
| 449 | + | including the child's or youth's health and safety. 365 | |
| 450 | + | [(5)] (6) A youth who is committed to the commissioner pursuant to 366 | |
| 451 | + | this subsection and has reached eighteen years of age may remain in the 367 | |
| 452 | + | care of the commissioner, by consent of the youth and provided the 368 | |
| 453 | + | youth has not reached the age of twenty-one years of age, if the youth is 369 | |
| 454 | + | (A) enrolled in a full-time approved secondary education program or an 370 | |
| 455 | + | approved program leading to an equivalent credential; (B) enrolled full 371 | |
| 456 | + | time in an institution which provides postsecondary or vocational 372 | |
| 457 | + | education; or (C) participating full time in a program or activity 373 | |
| 458 | + | approved by said commissioner that is designed to promote or remove 374 | |
| 459 | + | barriers to employment. The commissioner, in [his or her] the 375 | |
| 460 | + | commissioner's discretion, may waive the provision of full-time 376 | |
| 461 | + | enrollment or participation based on compelling circumstances. Not 377 Substitute Bill No. 5382 | |
| 573 | 462 | ||
| 574 | - | guardian ad litem for such child has performed an independent | |
| 575 | - | investigation of the case and is prepared to present information | |
| 576 | - | pertinent to the court's determination of the best interests of such child, | |
| 577 | - | in accordance with the provisions of subparagraph (D) of subdivision | |
| 578 | - | (2) of section 46b-129a, as amended by this act; and (3) any attorney or | |
| 579 | - | guardian ad litem for such child has (A) communicated regularly with | |
| 580 | - | such child, or, in the case of a nonverbal child, such child's caregivers | |
| 581 | - | and service providers, and (B) visited with such child with sufficient | |
| 582 | - | frequency as to be informed of such child's situation and needs. | |
| 583 | - | (NEW) (v) In any proceeding to review, modify, terminate or extend | |
| 584 | - | an order of protective supervision, the Department of Children and | |
| 585 | - | Families shall file with the court information concerning (1) whether the | |
| 586 | - | department has received or obtained the most up-to-date information | |
| 587 | - | concerning the child's medical, dental, developmental, educational and | |
| 588 | - | treatment needs from any relevant service providers; (2) whether the | |
| 589 | - | child has received services recommended by any such providers and a | |
| 590 | - | description of any concerns identified by such providers; (3) a | |
| 591 | - | description of (A) any new report alleging abuse or neglect pertaining | |
| 592 | - | to the child or a parent of the child received pursuant to section 17a- | |
| 593 | - | 103a, (B) whether such report resulted in an investigation, and (C) the | |
| 594 | - | findings of any such investigation; (4) any new criminal charges | |
| 595 | - | pending against any such parent; and (5) for any child under three years | |
| 596 | - | of age, whether the child was screened for developmental and social- | |
| 597 | - | emotional delays pursuant to section 17a-106e, whether any such delays | |
| 598 | - | were identified and, if so, whether the child was referred to the birth-to- | |
| 599 | - | three program pursuant to said section. | |
| 600 | - | (NEW) (w) In any proceeding under this section, the Department of | |
| 601 | - | Children and Families shall identify the source of any documentation, | |
| 602 | - | statements or allegations included in the department's submissions to | |
| 603 | - | the court and the date or dates upon which any such information was | |
| 604 | - | obtained by the department. Substitute House Bill No. 5382 | |
| 605 | 463 | ||
| 606 | - | Public Act No. 24-126 19 of 24 | |
| 464 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 465 | + | R01-HB.docx } | |
| 466 | + | 13 of 23 | |
| 607 | 467 | ||
| 608 | - | Sec. 8. Subparagraph (D) of subdivision (2) of section 46b-129a of the | |
| 609 | - | 2024 supplement to the general statutes is repealed and the following is | |
| 610 | - | substituted in lieu thereof (Effective July 1, 2024): | |
| 611 | - | (D) If the court, based on evidence before it, or counsel for the child, | |
| 612 | - | determines that the child cannot adequately act in his or her own best | |
| 613 | - | interests and the child's wishes, as determined by counsel, if followed, | |
| 614 | - | could lead to substantial physical, financial or other harm to the child | |
| 615 | - | unless protective action is taken, counsel may request and the court may | |
| 616 | - | order that a separate guardian ad litem be assigned for the child, in | |
| 617 | - | which case the court shall either appoint a guardian ad litem to serve on | |
| 618 | - | a voluntary basis or notify the office of Chief Public Defender who shall | |
| 619 | - | assign a separate guardian ad litem for the child. The guardian ad litem | |
| 620 | - | shall perform an independent investigation of the case and [may] be | |
| 621 | - | prepared to present at any hearing information pertinent to the court's | |
| 622 | - | determination of the best interests of the child. The guardian ad litem | |
| 623 | - | shall be subject to cross-examination upon the request of opposing | |
| 624 | - | counsel. The guardian ad litem is not required to be an attorney-at-law | |
| 625 | - | but shall be knowledgeable about the needs and protection of children | |
| 626 | - | and relevant court procedures. If a separate guardian ad litem is | |
| 627 | - | assigned, the person previously serving as counsel for the child shall | |
| 628 | - | continue to serve as counsel for the child and a different person shall be | |
| 629 | - | assigned as guardian ad litem, unless the court for good cause also | |
| 630 | - | determines that a different person should serve as counsel for the child, | |
| 631 | - | in which case the court shall notify the office of Chief Public Defender | |
| 632 | - | who shall assign a different person as counsel for the child. No person | |
| 633 | - | who has served as both counsel and guardian ad litem for a child shall | |
| 634 | - | thereafter serve solely as the child's guardian ad litem. | |
| 635 | - | Sec. 9. (Effective from passage) (a) There is established a working group | |
| 636 | - | to review available data and information regarding the effectiveness of | |
| 637 | - | the Department of Children and Families in discharging its child | |
| 638 | - | protection responsibilities and to develop a plan for the public Substitute House Bill No. 5382 | |
| 468 | + | more than one hundred twenty days after the youth's eighteenth 378 | |
| 469 | + | birthday, the department shall file a motion in the superior court for 379 | |
| 470 | + | juvenile matters that had jurisdiction over the youth's case prior to the 380 | |
| 471 | + | youth's eighteenth birthday for a determination as to whether 381 | |
| 472 | + | continuation in care is in the youth's best interest and, if so, whether 382 | |
| 473 | + | there is an appropriate permanency plan. The court, in its discretion, 383 | |
| 474 | + | may hold a hearing on said motion. 384 | |
| 475 | + | [(6)] (7) Prior to issuing an order for permanent legal guardianship, 385 | |
| 476 | + | the court shall provide notice to each parent that the parent may not file 386 | |
| 477 | + | a motion to terminate the permanent legal guardianship, or the court 387 | |
| 478 | + | shall indicate on the record why such notice could not be provided, and 388 | |
| 479 | + | the court shall find by clear and convincing evidence that the permanent 389 | |
| 480 | + | legal guardianship is in the best interests of the child or youth and that 390 | |
| 481 | + | the following have been proven by clear and convincing evidence: 391 | |
| 482 | + | (A) One of the statutory grounds for termination of parental rights 392 | |
| 483 | + | exists, as set forth in subsection (j) of section 17a-112, or the parents have 393 | |
| 484 | + | voluntarily consented to the establishment of the permanent legal 394 | |
| 485 | + | guardianship; 395 | |
| 486 | + | (B) Adoption of the child or youth is not possible or appropriate; 396 | |
| 487 | + | (C) (i) If the child or youth is at least twelve years of age, such child 397 | |
| 488 | + | or youth consents to the proposed permanent legal guardianship, or (ii) 398 | |
| 489 | + | if the child is under twelve years of age, the proposed permanent legal 399 | |
| 490 | + | guardian is: (I) A relative, (II) a caregiver, or (III) already serving as the 400 | |
| 491 | + | permanent legal guardian of at least one of the child's siblings, if any; 401 | |
| 492 | + | (D) The child or youth has resided with the proposed permanent 402 | |
| 493 | + | legal guardian for at least a year; and 403 | |
| 494 | + | (E) The proposed permanent legal guardian is (i) a suitable and 404 | |
| 495 | + | worthy person, and (ii) committed to remaining the permanent legal 405 | |
| 496 | + | guardian and assuming the right and responsibilities for the child or 406 | |
| 497 | + | youth until the child or youth attains the age of majority. 407 Substitute Bill No. 5382 | |
| 639 | 498 | ||
| 640 | - | Public Act No. 24-126 20 of 24 | |
| 641 | 499 | ||
| 642 | - | dissemination of such data and information on a regular basis. Such | |
| 643 | - | data and information may include, but need not be limited to, (1) | |
| 644 | - | quantitative and qualitative information regarding the safety, | |
| 645 | - | permanency and well-being of children served by the Department of | |
| 646 | - | Children and Families, aligned with the requirements of the Federal | |
| 647 | - | Child and Family Service Reviews; (2) quality assurance information | |
| 648 | - | regarding the assessment and management of risk and safety in child | |
| 649 | - | protective service cases, including cases open with the Department of | |
| 650 | - | Children and Families in ongoing treatment; (3) the availability, | |
| 651 | - | timeliness and effectiveness of services for children and families, | |
| 652 | - | including developmental and educational needs; (4) information on | |
| 653 | - | differential response, including the outcomes for children served | |
| 654 | - | through state-funded diversion programs, such as Community Support | |
| 655 | - | for Families and Integrated Family Care and Support; (5) disclosures | |
| 656 | - | regarding child fatalities consistent with the requirements of the federal | |
| 657 | - | Child Abuse Prevention and Treatment Act, 42 USC 5106 et seq., as | |
| 658 | - | amended from time to time; and (6) a summary of findings, | |
| 659 | - | recommendations and action steps arising from the Department of | |
| 660 | - | Children and Families' internal review of department practices | |
| 661 | - | following fatalities and near-fatalities of children where the department | |
| 662 | - | had an open case or a case closed within the previous twelve months. | |
| 663 | - | (b) The working group shall consist of the following members: | |
| 664 | - | (1) The chairpersons and ranking members of the joint standing | |
| 665 | - | committee of the General Assembly having cognizance of matters | |
| 666 | - | relating to children; | |
| 667 | - | (2) The Commissioner of Children and Families, or the | |
| 668 | - | commissioner's designee; | |
| 669 | - | (3) The Child Advocate, or the Child Advocate's designee; | |
| 670 | - | (4) The chairperson of the State Advisory Council on Children and Substitute House Bill No. 5382 | |
| 500 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 501 | + | R01-HB.docx } | |
| 502 | + | 14 of 23 | |
| 671 | 503 | ||
| 672 | - | Public Act No. 24-126 21 of 24 | |
| 504 | + | [(7)] (8) An order of permanent legal guardianship may be reopened 408 | |
| 505 | + | and modified and the permanent legal guardian removed upon the 409 | |
| 506 | + | filing of a motion with the court, provided it is proven by a fair 410 | |
| 507 | + | preponderance of the evidence that the permanent legal guardian is no 411 | |
| 508 | + | longer suitable and worthy. A parent may not file a motion to terminate 412 | |
| 509 | + | a permanent legal guardianship. If, after a hearing, the court terminates 413 | |
| 510 | + | a permanent legal guardianship, the court, in appointing a successor 414 | |
| 511 | + | legal guardian or permanent legal guardian for the child or youth shall 415 | |
| 512 | + | do so in accordance with this subsection. 416 | |
| 513 | + | Sec. 6. Subsections (p) to (t), inclusive, of section 46b-129 of the 417 | |
| 514 | + | general statutes are repealed and the following is substituted in lieu 418 | |
| 515 | + | thereof (Effective July 1, 2024): 419 | |
| 516 | + | (p) A foster parent, prospective adoptive parent or relative caregiver 420 | |
| 517 | + | shall receive notice and have the right to be heard for the purposes of 421 | |
| 518 | + | this section in Superior Court in any proceeding concerning a foster 422 | |
| 519 | + | child living with such foster parent, prospective adoptive parent or 423 | |
| 520 | + | relative caregiver. A foster parent, prospective adoptive parent or 424 | |
| 521 | + | relative caregiver who has cared for a child or youth shall have the right 425 | |
| 522 | + | to be heard and comment on the best interests of such child or youth in 426 | |
| 523 | + | any proceeding under this section which is brought not more than one 427 | |
| 524 | + | year after the last day the foster parent, prospective adoptive parent or 428 | |
| 525 | + | relative caregiver provided such care. Any notice provided pursuant to 429 | |
| 526 | + | this subsection shall include the Internet web site address for any 430 | |
| 527 | + | proceeding that will be conducted on a virtual platform. The 431 | |
| 528 | + | commissioner shall confirm compliance with the notice requirements 432 | |
| 529 | + | set forth in this subsection with the court at any such proceeding. 433 | |
| 530 | + | (q) Upon motion of any sibling of any child committed to the 434 | |
| 531 | + | Department of Children and Families pursuant to this section, such 435 | |
| 532 | + | sibling shall have the right to be heard concerning visitation with, and 436 | |
| 533 | + | placement of, any such child. In awarding any visitation or modifying 437 | |
| 534 | + | any placement, the court shall be guided by the best interests of all 438 | |
| 535 | + | siblings affected by such determination. 439 Substitute Bill No. 5382 | |
| 673 | 536 | ||
| 674 | - | Families, established pursuant to section 17a-4 of the general statutes, as | |
| 675 | - | amended by this act; | |
| 676 | - | (5) The Chief Public Defender, or the Chief Public Defender's | |
| 677 | - | designee; | |
| 678 | - | (6) The executive director of the Connecticut Alliance of Foster and | |
| 679 | - | Adoptive Families, or the executive director's designee; and | |
| 680 | - | (7) One designated by the Commissioner of Children and Families, | |
| 681 | - | who is a representative from an entity with expertise in data collection | |
| 682 | - | and analysis. | |
| 683 | - | (c) All initial designations to the working group shall be made not | |
| 684 | - | later than thirty days after the effective date of this section. Any vacancy | |
| 685 | - | shall be filled by the appointing authority. | |
| 686 | - | (d) The chairpersons of the joint standing committee of the General | |
| 687 | - | Assembly having cognizance of matters relating to children shall serve | |
| 688 | - | as the chairpersons of the working group. Such chairpersons shall | |
| 689 | - | schedule the first meeting of the working group, which shall be held not | |
| 690 | - | later than sixty days after the effective date of this section. | |
| 691 | - | (e) The administrative staff of the joint standing committee of the | |
| 692 | - | General Assembly having cognizance of matters relating to children | |
| 693 | - | shall serve as administrative staff of the working group. | |
| 694 | - | (f) Not later than January 1, 2025, the working group shall submit a | |
| 695 | - | report on its findings and recommendations to the joint standing | |
| 696 | - | committee of the General Assembly having cognizance of matters | |
| 697 | - | relating to children, in accordance with the provisions of section 11-4a | |
| 698 | - | of the general statutes. The working group shall terminate on the date | |
| 699 | - | that it submits such report or January 1, 2025, whichever is later. | |
| 700 | - | Sec. 10. (Effective from passage) (a) There is established a working Substitute House Bill No. 5382 | |
| 701 | 537 | ||
| 702 | - | Public Act No. 24-126 22 of 24 | |
| 538 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 539 | + | R01-HB.docx } | |
| 540 | + | 15 of 23 | |
| 703 | 541 | ||
| 704 | - | group to review the delivery of legal services to children in child | |
| 705 | - | protection proceedings in this state. Such review shall include, but need | |
| 706 | - | not be limited to, models of legal service delivery previously used in this | |
| 707 | - | state or currently used in other states, and recommendations for | |
| 708 | - | improving the quality of legal representation provided to children in | |
| 709 | - | this state. | |
| 710 | - | (b) The working group shall consist of the following members: | |
| 711 | - | (1) One appointed by the speaker of the House of Representatives, | |
| 712 | - | who is an attorney with expertise in representing children in child | |
| 713 | - | welfare proceedings; | |
| 714 | - | (2) One appointed by the president pro tempore of the Senate, who is | |
| 715 | - | an attorney with expertise in representing children in child welfare | |
| 716 | - | proceedings; | |
| 717 | - | (3) One appointed by the majority leader of the House of | |
| 718 | - | Representatives, who is an attorney with expertise in representing | |
| 719 | - | parents in child welfare proceedings; | |
| 720 | - | (4) One appointed by the majority leader of the Senate, who is an | |
| 721 | - | attorney with expertise in representing parents in child welfare | |
| 722 | - | proceedings; | |
| 723 | - | (5) One appointed by the minority leader of the House of | |
| 724 | - | Representatives, who is a representative of an organization dedicated to | |
| 725 | - | advancing the legal rights of children; | |
| 726 | - | (6) One appointed by the minority leader of the Senate, who is a | |
| 727 | - | representative of an organization dedicated to improving public policy | |
| 728 | - | for children; | |
| 729 | - | (7) The chairpersons and ranking members of the joint standing | |
| 730 | - | committee of the General Assembly having cognizance of matters Substitute House Bill No. 5382 | |
| 542 | + | (r) The provisions of section 17a-152, regarding placement of a child 440 | |
| 543 | + | from another state, and section 17a-175, regarding the Interstate 441 | |
| 544 | + | Compact on the Placement of Children, shall apply to placements 442 | |
| 545 | + | pursuant to this section. In any proceeding under this section involving 443 | |
| 546 | + | the placement of a child or youth in another state where the provisions 444 | |
| 547 | + | of section 17a-175 are applicable, the court shall, before ordering or 445 | |
| 548 | + | approving such placement, state for the record the court's finding 446 | |
| 549 | + | concerning compliance with the provisions of section 17a-175. The 447 | |
| 550 | + | court's statement shall include, but not be limited to: (1) A finding that 448 | |
| 551 | + | the state has received notice in writing from the receiving state, in 449 | |
| 552 | + | accordance with subsection (d) of Article III of section 17a-175, 450 | |
| 553 | + | indicating that the proposed placement does not appear contrary to the 451 | |
| 554 | + | interests of the child, (2) the court has reviewed such notice, (3) whether 452 | |
| 555 | + | or not an interstate compact study or other home study has been 453 | |
| 556 | + | completed by the receiving state, and (4) if such a study has been 454 | |
| 557 | + | completed, whether the conclusions reached by the receiving state as a 455 | |
| 558 | + | result of such study support the placement. 456 | |
| 559 | + | (s) In any proceeding under this section, the Department of Children 457 | |
| 560 | + | and Families shall provide notice to each attorney (1) of record for each 458 | |
| 561 | + | party involved in the proceeding when the department seeks to transfer 459 | |
| 562 | + | a child or youth in its care, custody or control to an out-of-state 460 | |
| 563 | + | placement, and (2) for a child or youth, and any guardian ad litem for 461 | |
| 564 | + | such child or youth, of (A) any new report of abuse or neglect pertaining 462 | |
| 565 | + | to such child or youth or such child's or youth's parent or guardian 463 | |
| 566 | + | received pursuant to section 17a-103a, (B) whether such report resulted 464 | |
| 567 | + | in an investigation, and (C) the results of any such investigation. 465 | |
| 568 | + | (t) If a child or youth is placed into out-of-home care by the 466 | |
| 569 | + | Commissioner of Children and Families pursuant to this section, the 467 | |
| 570 | + | commissioner shall include in any report the commissioner submits to 468 | |
| 571 | + | the court information regarding (1) the safety and suitability of such 469 | |
| 572 | + | [child] child's or youth's placement, taking into account the 470 | |
| 573 | + | requirements set forth in section 17a-114; (2) whether the department 471 | |
| 574 | + | has received or obtained the most recent information concerning such 472 Substitute Bill No. 5382 | |
| 731 | 575 | ||
| 732 | - | Public Act No. 24-126 23 of 24 | |
| 733 | 576 | ||
| 734 | - | relating to children; | |
| 735 | - | (8) The Chief Public Defender, or the Chief Public Defender's | |
| 736 | - | designee; | |
| 737 | - | (9) The Child Advocate, or the Child Advocate's designee; | |
| 738 | - | (10) The chief administrative judge of juvenile matters; | |
| 739 | - | (11) The Attorney General, or the Attorney General's designee; | |
| 740 | - | (12) The Commissioner of Children and Families, or the | |
| 741 | - | commissioner's designee; and | |
| 742 | - | (13) The executive director of the Connecticut Alliance of Foster and | |
| 743 | - | Adoptive Families, or the executive director's designee. | |
| 744 | - | (c) Any member of the working group designated under subdivision | |
| 745 | - | (1), (2), (3), (4), (5), (6) or (7) of subsection (b) of this section may be a | |
| 746 | - | member of the General Assembly. | |
| 747 | - | (d) All initial designations to the working group shall be made not | |
| 748 | - | later than thirty days after the effective date of this section. Any vacancy | |
| 749 | - | shall be filled by the appointing authority. | |
| 750 | - | (e) The chairpersons of the joint standing committee of the General | |
| 751 | - | Assembly having cognizance of matters relating to children shall serve | |
| 752 | - | as the chairpersons of the working group. Such chairpersons shall | |
| 753 | - | schedule the first meeting of the working group, which shall be held not | |
| 754 | - | later than sixty days after the effective date of this section. | |
| 755 | - | (f) The administrative staff of the joint standing committee of the | |
| 756 | - | General Assembly having cognizance of matters relating to children | |
| 757 | - | shall serve as administrative staff of the working group. | |
| 758 | - | (g) Not later than November 1, 2024, the working group shall submit Substitute House Bill No. 5382 | |
| 577 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 578 | + | R01-HB.docx } | |
| 579 | + | 16 of 23 | |
| 759 | 580 | ||
| 760 | - | Public Act No. 24-126 24 of 24 | |
| 581 | + | [child] child's or youth's medical, dental, developmental, educational 473 | |
| 582 | + | and treatment needs from any relevant service providers; [and] (3) a 474 | |
| 583 | + | timeline for ensuring that such needs are met; (4) for any such child or 475 | |
| 584 | + | youth under three years of age, whether the child or youth was screened 476 | |
| 585 | + | for developmental and social-emotional delays pursuant to section 17a-477 | |
| 586 | + | 106e, whether any such delays were identified and, if so, whether the 478 | |
| 587 | + | child or youth was referred to the birth-to-three program pursuant to 479 | |
| 588 | + | said section; (5) the dates of administrative case review meetings and 480 | |
| 589 | + | permanency team meetings; and (6) any new report alleging abuse or 481 | |
| 590 | + | neglect pertaining to such child or youth or a parent or guardian of such 482 | |
| 591 | + | child or youth pursuant to section 17a-103a, and (A) whether such 483 | |
| 592 | + | report resulted in an investigation, (B) the findings of any such 484 | |
| 593 | + | investigation, and (C) any criminal charges made against any such 485 | |
| 594 | + | parent or guardian as a result of any such investigation. Such 486 | |
| 595 | + | information shall also be submitted to the court [(A)] (i) not later than 487 | |
| 596 | + | ninety days after such child or youth is placed into out-of-home care; 488 | |
| 597 | + | [(B)] (ii) if such [child] child's or youth's out-of-home placement 489 | |
| 598 | + | changes; and [(C)] (iii) if the commissioner files a permanency plan on 490 | |
| 599 | + | behalf of such child or youth. The court shall consider such information 491 | |
| 600 | + | in making decisions regarding such [child] child's or youth's [well-492 | |
| 601 | + | being] best interests. 493 | |
| 602 | + | Sec. 7. Section 46b-129 of the general statutes is amended by adding 494 | |
| 603 | + | subsections (u) to (w), inclusive, as follows (Effective July 1, 2024): 495 | |
| 604 | + | (NEW) (u) Prior to the issuance of any order affecting the legal status 496 | |
| 605 | + | or placement of a child in any proceeding under this section, the court 497 | |
| 606 | + | shall confirm that (1) any attorney for such child has obtained a clear 498 | |
| 607 | + | understanding of the situation and the needs of such child, as described 499 | |
| 608 | + | in 42 USC 5106a(b)(2)(B), as amended from time to time; (2) any 500 | |
| 609 | + | guardian ad litem for such child has performed an independent 501 | |
| 610 | + | investigation of the case and is prepared to present information 502 | |
| 611 | + | pertinent to the court's determination of the best interests of such child, 503 | |
| 612 | + | in accordance with the provisions of subparagraph (D) of subdivision 504 | |
| 613 | + | (2) of section 46b-129a, as amended by this act; and (3) any attorney or 505 Substitute Bill No. 5382 | |
| 761 | 614 | ||
| 762 | - | a report on its findings and recommendations to the joint standing | |
| 763 | - | committee of the General Assembly having cognizance of matters | |
| 764 | - | relating to children, in accordance with the provisions of section 11-4a | |
| 765 | - | of the general statutes, and the Office of the Chief Public Defender. The | |
| 766 | - | working group shall terminate on the date that it submits such report or | |
| 767 | - | November 1, 2024, whichever is later. | |
| 768 | - | Sec. 11. Subsection (d) of section 2-128a of the 2024 supplement to the | |
| 769 | - | general statutes is repealed and the following is substituted in lieu | |
| 770 | - | thereof (Effective July 1, 2024): | |
| 771 | - | (d) Not later than [July 1, 2024] January 1, 2025, the working group | |
| 772 | - | shall submit the Title IX compliance toolkit to the joint standing | |
| 773 | - | committee of the General Assembly having cognizance of matters | |
| 774 | - | relating to children, in accordance with the provisions of section 11-4a. | |
| 775 | - | The working group shall terminate on the date that it submits such | |
| 776 | - | toolkit or [July 1, 2024] January 1, 2025, whichever is later. | |
| 777 | - | Sec. 12. Subsection (a) of section 10-11c of the 2024 supplement to the | |
| 778 | - | general statutes is repealed and the following is substituted in lieu | |
| 779 | - | thereof (Effective July 1, 2024): | |
| 780 | - | (a) Not later than [October 1, 2024] April 1, 2025, the Department of | |
| 781 | - | Education shall distribute the Title IX compliance toolkit, identified or | |
| 782 | - | developed pursuant to section 2-128a, as amended by this act, to local | |
| 783 | - | and regional boards of education and provide technical assistance to | |
| 784 | - | such boards in the implementation of such toolkit. | |
| 615 | + | ||
| 616 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 617 | + | R01-HB.docx } | |
| 618 | + | 17 of 23 | |
| 619 | + | ||
| 620 | + | guardian ad litem for such child has (A) communicated regularly with 506 | |
| 621 | + | such child, or, in the case of a nonverbal child, such child's caregivers 507 | |
| 622 | + | and service providers, and (B) visited with such child with sufficient 508 | |
| 623 | + | frequency as to be informed of such child's situation and needs. 509 | |
| 624 | + | (NEW) (v) In any proceeding to review, modify, terminate or extend 510 | |
| 625 | + | an order of protective supervision, the Department of Children and 511 | |
| 626 | + | Families shall file with the court information concerning (1) whether the 512 | |
| 627 | + | department has received or obtained the most up-to-date information 513 | |
| 628 | + | concerning the child's medical, dental, developmental, educational and 514 | |
| 629 | + | treatment needs from any relevant service providers; (2) whether the 515 | |
| 630 | + | child has received services recommended by any such providers and a 516 | |
| 631 | + | description of any concerns identified by such providers; (3) a 517 | |
| 632 | + | description of (A) any new report alleging abuse or neglect pertaining 518 | |
| 633 | + | to the child or a parent of the child received pursuant to section 17a-519 | |
| 634 | + | 103a, (B) whether such report resulted in an investigation, (C) the 520 | |
| 635 | + | findings of any such investigation, and (D) any new criminal charges 521 | |
| 636 | + | made against any such parent as a result of any such investigation; and 522 | |
| 637 | + | (4) for any child under three years of age, whether the child was 523 | |
| 638 | + | screened for developmental and social-emotional delays pursuant to 524 | |
| 639 | + | section 17a-106e, whether any such delays were identified and, if so, 525 | |
| 640 | + | whether the child was referred to the birth-to-three program pursuant 526 | |
| 641 | + | to said section. 527 | |
| 642 | + | (NEW) (w) In any proceeding under this section, the Department of 528 | |
| 643 | + | Children and Families shall identify the source of any documentation, 529 | |
| 644 | + | statements or allegations included in the department's submissions to 530 | |
| 645 | + | the court and the date or dates upon which any such information was 531 | |
| 646 | + | obtained by the department. 532 | |
| 647 | + | Sec. 8. Subparagraph (D) of subdivision (2) of section 46b-129a of the 533 | |
| 648 | + | 2024 supplement to the general statutes is repealed and the following is 534 | |
| 649 | + | substituted in lieu thereof (Effective July 1, 2024): 535 | |
| 650 | + | (D) If the court, based on evidence before it, or counsel for the child, 536 | |
| 651 | + | determines that the child cannot adequately act in his or her own best 537 Substitute Bill No. 5382 | |
| 652 | + | ||
| 653 | + | ||
| 654 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 655 | + | R01-HB.docx } | |
| 656 | + | 18 of 23 | |
| 657 | + | ||
| 658 | + | interests and the child's wishes, as determined by counsel, if followed, 538 | |
| 659 | + | could lead to substantial physical, financial or other harm to the child 539 | |
| 660 | + | unless protective action is taken, counsel may request and the court may 540 | |
| 661 | + | order that a separate guardian ad litem be assigned for the child, in 541 | |
| 662 | + | which case the court shall either appoint a guardian ad litem to serve on 542 | |
| 663 | + | a voluntary basis or notify the office of Chief Public Defender who shall 543 | |
| 664 | + | assign a separate guardian ad litem for the child. The guardian ad litem 544 | |
| 665 | + | shall perform an independent investigation of the case and [may] be 545 | |
| 666 | + | prepared to present at any hearing information pertinent to the court's 546 | |
| 667 | + | determination of the best interests of the child. The guardian ad litem 547 | |
| 668 | + | shall be subject to cross-examination upon the request of opposing 548 | |
| 669 | + | counsel. The guardian ad litem is not required to be an attorney-at-law 549 | |
| 670 | + | but shall be knowledgeable about the needs and protection of children 550 | |
| 671 | + | and relevant court procedures. If a separate guardian ad litem is 551 | |
| 672 | + | assigned, the person previously serving as counsel for the child shall 552 | |
| 673 | + | continue to serve as counsel for the child and a different person shall be 553 | |
| 674 | + | assigned as guardian ad litem, unless the court for good cause also 554 | |
| 675 | + | determines that a different person should serve as counsel for the child, 555 | |
| 676 | + | in which case the court shall notify the office of Chief Public Defender 556 | |
| 677 | + | who shall assign a different person as counsel for the child. No person 557 | |
| 678 | + | who has served as both counsel and guardian ad litem for a child shall 558 | |
| 679 | + | thereafter serve solely as the child's guardian ad litem. 559 | |
| 680 | + | Sec. 9. (Effective from passage) (a) There is established a working group 560 | |
| 681 | + | to review available data and information regarding the effectiveness of 561 | |
| 682 | + | the State Advisory Council on Children and Families, established 562 | |
| 683 | + | pursuant to section 17a-4 of the general statutes, as amended by this act, 563 | |
| 684 | + | in discharging its child protection responsibilities and to develop a plan 564 | |
| 685 | + | for the public dissemination of such data and information on a regular 565 | |
| 686 | + | basis. Such data and information shall include, but need not be limited 566 | |
| 687 | + | to, (1) quantitative and qualitative information regarding the safety, 567 | |
| 688 | + | permanency and well-being of children served by the Department of 568 | |
| 689 | + | Children and Families, aligned with the requirements of the Federal 569 | |
| 690 | + | Child and Family Service Reviews; (2) quality assurance information 570 | |
| 691 | + | regarding the assessment and management of risk and safety in child 571 Substitute Bill No. 5382 | |
| 692 | + | ||
| 693 | + | ||
| 694 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 695 | + | R01-HB.docx } | |
| 696 | + | 19 of 23 | |
| 697 | + | ||
| 698 | + | protective service cases, including cases open with the Department of 572 | |
| 699 | + | Children and Families in ongoing treatment; (3) the availability, 573 | |
| 700 | + | timeliness and effectiveness of services for children and families, 574 | |
| 701 | + | including developmental and educational needs; (4) information on 575 | |
| 702 | + | differential response, including the outcomes for children served 576 | |
| 703 | + | through state-funded diversion programs, such as Community Support 577 | |
| 704 | + | for Families and Integrated Family Care and Support; (5) disclosures 578 | |
| 705 | + | regarding child fatalities consistent with the requirements of the federal 579 | |
| 706 | + | Child Abuse Prevention and Treatment Act, 42 USC 5101 et seq. and 42 580 | |
| 707 | + | USC 5116 et seq., as amended from time to time; and (6) a summary of 581 | |
| 708 | + | findings, recommendations and action steps arising from the 582 | |
| 709 | + | Department of Children and Families' internal review of department 583 | |
| 710 | + | practices following fatalities and near-fatalities of children where the 584 | |
| 711 | + | department had an open case or a case closed within the previous 585 | |
| 712 | + | twelve months. 586 | |
| 713 | + | (b) The working group shall consist of the following members: 587 | |
| 714 | + | (1) The chairpersons and ranking members of the joint standing 588 | |
| 715 | + | committee of the General Assembly having cognizance of matters 589 | |
| 716 | + | relating to children; 590 | |
| 717 | + | (2) The Commissioner of Children and Families, or the 591 | |
| 718 | + | commissioner's designee; 592 | |
| 719 | + | (3) The Child Advocate, or the Child Advocate's designee; 593 | |
| 720 | + | (4) The chairperson of the State Advisory Council on Children and 594 | |
| 721 | + | Families, established pursuant to section 17a-4 of the general statutes, as 595 | |
| 722 | + | amended by this act; 596 | |
| 723 | + | (5) The Chief Public Defender, or the Chief Public Defender's 597 | |
| 724 | + | designee; 598 | |
| 725 | + | (6) The executive director of the Connecticut Alliance of Foster and 599 | |
| 726 | + | Adoptive Families, or the executive director's designee; and 600 Substitute Bill No. 5382 | |
| 727 | + | ||
| 728 | + | ||
| 729 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 730 | + | R01-HB.docx } | |
| 731 | + | 20 of 23 | |
| 732 | + | ||
| 733 | + | (7) One designated by the Commissioner of Children and Families, 601 | |
| 734 | + | who is a representative from an entity with expertise in data collection 602 | |
| 735 | + | and analysis. 603 | |
| 736 | + | (c) All initial designations to the working group shall be made not 604 | |
| 737 | + | later than thirty days after the effective date of this section. Any vacancy 605 | |
| 738 | + | shall be filled by the appointing authority. 606 | |
| 739 | + | (d) The chairpersons of the joint standing committee of the General 607 | |
| 740 | + | Assembly having cognizance of matters relating to children shall serve 608 | |
| 741 | + | as the chairpersons of the working group. Such chairpersons shall 609 | |
| 742 | + | schedule the first meeting of the working group, which shall be held not 610 | |
| 743 | + | later than sixty days after the effective date of this section. 611 | |
| 744 | + | (e) The administrative staff of the joint standing committee of the 612 | |
| 745 | + | General Assembly having cognizance of matters relating to children 613 | |
| 746 | + | shall serve as administrative staff of the working group. 614 | |
| 747 | + | (f) Not later than January 1, 2025, the working group shall submit a 615 | |
| 748 | + | report on its findings and recommendations to the joint standing 616 | |
| 749 | + | committee of the General Assembly having cognizance of matters 617 | |
| 750 | + | relating to children, in accordance with the provisions of section 11-4a 618 | |
| 751 | + | of the general statutes. The working group shall terminate on the date 619 | |
| 752 | + | that it submits such report or January 1, 2025, whichever is later. 620 | |
| 753 | + | Sec. 10. (Effective from passage) (a) There is established a working 621 | |
| 754 | + | group to review the delivery of legal services to children in child 622 | |
| 755 | + | protection proceedings in this state. Such review shall include, but need 623 | |
| 756 | + | not be limited to, models of legal service delivery previously used in this 624 | |
| 757 | + | state or currently used in other states, and recommendations for 625 | |
| 758 | + | improving the quality of legal representation provided to children in 626 | |
| 759 | + | this state. 627 | |
| 760 | + | (b) The working group shall consist of the following members: 628 | |
| 761 | + | (1) The chairpersons and ranking members of the joint standing 629 | |
| 762 | + | committee of the General Assembly having cognizance of matters 630 Substitute Bill No. 5382 | |
| 763 | + | ||
| 764 | + | ||
| 765 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 766 | + | R01-HB.docx } | |
| 767 | + | 21 of 23 | |
| 768 | + | ||
| 769 | + | relating to children; 631 | |
| 770 | + | (2) The Chief Public Defender, or the Chief Public Defender's 632 | |
| 771 | + | designee; 633 | |
| 772 | + | (3) The Child Advocate, or the Child Advocate's designee; 634 | |
| 773 | + | (4) The chief administrative judge of juvenile matters; 635 | |
| 774 | + | (5) The Attorney General, or the Attorney General's designee; 636 | |
| 775 | + | (6) The Commissioner of Children and Families, or the 637 | |
| 776 | + | commissioner's designee; 638 | |
| 777 | + | (7) The executive director of the Connecticut Alliance of Foster and 639 | |
| 778 | + | Adoptive Families, or the executive director's designee; 640 | |
| 779 | + | (8) Two designated by the House chairperson of the joint standing 641 | |
| 780 | + | committee of the General Assembly having cognizance of matters 642 | |
| 781 | + | relating to children, who are attorneys with expertise in representing 643 | |
| 782 | + | children in child welfare proceedings; 644 | |
| 783 | + | (9) Two designated by the Senate chairperson of the joint standing 645 | |
| 784 | + | committee of the General Assembly having cognizance of matters 646 | |
| 785 | + | relating to children, who are attorneys with expertise in representing 647 | |
| 786 | + | parents in child welfare proceedings; 648 | |
| 787 | + | (10) One designated by the House ranking member of the joint 649 | |
| 788 | + | standing committee of the General Assembly having cognizance of 650 | |
| 789 | + | matters relating to children, who is a representative from an 651 | |
| 790 | + | organization dedicated to advancing the legal rights of children; and 652 | |
| 791 | + | (11) One designated by the Senate ranking member of the joint 653 | |
| 792 | + | standing committee of the General Assembly having cognizance of 654 | |
| 793 | + | matters relating to children, who is a representative from an 655 | |
| 794 | + | organization dedicated to improving public policy for children. 656 | |
| 795 | + | (c) Any member of the working group designated under subdivision 657 Substitute Bill No. 5382 | |
| 796 | + | ||
| 797 | + | ||
| 798 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
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| 800 | + | 22 of 23 | |
| 801 | + | ||
| 802 | + | (8), (9), (10) or (11) of subsection (b) of this section may be a member of 658 | |
| 803 | + | the General Assembly. 659 | |
| 804 | + | (d) All initial designations to the working group shall be made not 660 | |
| 805 | + | later than thirty days after the effective date of this section. Any vacancy 661 | |
| 806 | + | shall be filled by the appointing authority. 662 | |
| 807 | + | (e) The chairpersons of the joint standing committee of the General 663 | |
| 808 | + | Assembly having cognizance of matters relating to children shall serve 664 | |
| 809 | + | as the chairpersons of the working group. Such chairpersons shall 665 | |
| 810 | + | schedule the first meeting of the working group, which shall be held not 666 | |
| 811 | + | later than sixty days after the effective date of this section. 667 | |
| 812 | + | (f) The administrative staff of the joint standing committee of the 668 | |
| 813 | + | General Assembly having cognizance of matters relating to children 669 | |
| 814 | + | shall serve as administrative staff of the working group. 670 | |
| 815 | + | (g) Not later than November 1, 2024, the working group shall submit 671 | |
| 816 | + | a report on its findings and recommendations to the joint standing 672 | |
| 817 | + | committee of the General Assembly having cognizance of matters 673 | |
| 818 | + | relating to children, in accordance with the provisions of section 11-4a 674 | |
| 819 | + | of the general statutes, and the Office of the Chief Public Defender. The 675 | |
| 820 | + | working group shall terminate on the date that it submits such report or 676 | |
| 821 | + | November 1, 2024, whichever is later. 677 | |
| 822 | + | This act shall take effect as follows and shall amend the following | |
| 823 | + | sections: | |
| 824 | + | ||
| 825 | + | Section 1 July 1, 2024 17a-4 | |
| 826 | + | Sec. 2 July 1, 2024 17a-15a | |
| 827 | + | Sec. 3 July 1, 2024 17a-28(g)(34) | |
| 828 | + | Sec. 4 July 1, 2024 17a-28(h) | |
| 829 | + | Sec. 5 July 1, 2024 46b-129(j) | |
| 830 | + | Sec. 6 July 1, 2024 46b-129(p) to (t) | |
| 831 | + | Sec. 7 July 1, 2024 46b-129(u) to (w) | |
| 832 | + | Sec. 8 July 1, 2024 46b-129a(2)(D) | |
| 833 | + | Sec. 9 from passage New section | |
| 834 | + | Sec. 10 from passage New section Substitute Bill No. 5382 | |
| 835 | + | ||
| 836 | + | ||
| 837 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05382- | |
| 838 | + | R01-HB.docx } | |
| 839 | + | 23 of 23 | |
| 840 | + | ||
| 841 | + | ||
| 842 | + | Statement of Legislative Commissioners: | |
| 843 | + | In Section (1)(a), "youth advisory boards" was changed to "one or more | |
| 844 | + | Youth Advisory Boards" for consistency with standard drafting | |
| 845 | + | conventions and statutory consistency; in Section 1(d)(5) "in order to" | |
| 846 | + | was changed to "to" for consistency with standard drafting conventions; | |
| 847 | + | in Section 5(j)(3)(B), ", which" was changed to "that" for consistency with | |
| 848 | + | standard drafting conventions; in Section 5(j)(6), "his or her" was | |
| 849 | + | bracketed and "the commissioner's" was inserted for consistency with | |
| 850 | + | standard drafting conventions; in Section 6(t)(5), "and" was inserted | |
| 851 | + | before "(6)" for consistency with standard drafting conventions; in | |
| 852 | + | Section 6(t)(6), "and" was inserted after "17a-103a" for clarity and | |
| 853 | + | Subparas. (B), (C) and (D) were changed to Subparas. (A), (B) and (C) | |
| 854 | + | for accuracy; and in Section 9(a)(6), "agency practice" was changed to | |
| 855 | + | "department practices" for clarity. | |
| 856 | + | ||
| 857 | + | KID Joint Favorable Subst. | |
| 785 | 858 |