Substitute House Bill No. 5382
Public Act No. 24-126
AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE
OF THE CHILD ADVOCATE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 17a-4 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2024):
(a) There shall be a State Advisory Council on Children and Families
which shall consist of [twenty members as follows] the following
members: (1) [Fourteen] Nineteen members appointed by the Governor,
including two persons who are child care professionals, two persons
eighteen to twenty-five years of age, inclusive, served by the
Department of Children and Families, one child psychiatrist licensed to
practice medicine in this state, one health care professional who has
expertise in children's health and is licensed in the state, one attorney
who has expertise in legal issues related to children and youth, three
members of one or more Youth Advisory Boards, as defined in section
17a-10c, one member of an organization that advocates for the
protection and advancement of the legal rights of children, one member
of an organization that advocates for policies to promote child welfare
and seven persons who shall be representative of young persons,
parents and others interested in the delivery of services to children and
youths, including child protection, behavioral health and prevention Substitute House Bill No. 5382
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services, at least four of whom shall be parents, foster parents or family
members of children who have received, or are receiving, behavioral
health services or child welfare services; and (2) six members
representing the regional advisory councils established pursuant to
section 17a-30, appointed one each by the members of each council. Not
more than half the members of the council shall be persons who receive
income from a private practice or any public or private agency that
delivers mental health, substance abuse, child abuse prevention and
treatment or child welfare services. Members of the council shall serve
without compensation, except for necessary expenses incurred in the
performance of their duties. The Department of Children and Families
shall provide the council with funding to facilitate the participation of
those members representing families and youth, as well as for other
administrative support services. Members shall serve on the council for
terms of two years each and no member shall serve for more than three
consecutive terms. The commissioner shall be an ex-officio member of
the council without vote and shall attend its meetings. Any member
who fails to attend three consecutive meetings or fifty per cent of all
meetings during any calendar year shall be deemed to have resigned.
The council shall elect a chairperson and vice-chairperson to act in the
chairperson's absence.
(b) The council shall meet quarterly, and more often upon the call of
the chair or a majority of the members. The council's meetings shall be
held at locations that facilitate participation by members of the public,
and its agenda and minutes shall be posted on the department's web
site. A majority of the members in office, but not less than six members,
shall constitute a quorum. The council shall have complete access to all
records of the institutions and facilities of the department in furtherance
of its duties, while at all times protecting the right of privacy of all
individuals involved, as provided in section 17a-28, as amended by this
act. Substitute House Bill No. 5382
Public Act No. 24-126 3 of 24
(c) The duties of the council shall be to: (1) Recommend to the
commissioner programs, legislation or other matters which will
improve services for children and youths, including behavioral health
services; (2) annually review and advise the commissioner regarding the
proposed budget; (3) interpret to the community at large the policies,
duties and programs of the department; (4) issue any reports it deems
necessary to the Governor and the Commissioner of Children and
Families; (5) review and comment on the reports described in subsection
(b) of section 17a-3; (6) independently monitor the department's
progress in achieving its goals as expressed in such reports; [and] (7)
offer assistance and provide an outside perspective to the department
so that it may be able to achieve the goals expressed in such reports; (8)
conduct a review of departmental data pertaining to child safety, well-
being and permanency not less than twice per year; and (9) conduct an
annual evaluation to determine the extent to which the department is
discharging its child protection responsibilities under state and federal
law.
(d) In implementing the duties described in subsection (c) of this
section, the council shall prioritize (1) the protection of children from
abuse and neglect by ensuring that the state maintains an effective plan
to prevent such abuse and neglect and divert children from foster care;
(2) the reduction and elimination of preventable child fatalities and the
unnecessary removal of children from their homes; (3) permanency and
stability in home placements for children, including, but not limited to,
the placement of children with family members whenever possible and
the successful transition from foster care of youth exiting the child
welfare system; (4) the reduction of disparate outcomes between
minority and other populations served by the child welfare system; (5)
the timely, appropriate and adequate provision of services to children
and families to meet the physical, mental health and developmental
needs of such children; and (6) collaboration among state agencies in
furtherance of the duties described in subsection (c) of this section. Substitute House Bill No. 5382
Public Act No. 24-126 4 of 24
Sec. 2. Section 17a-15a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2024):
The Department of Children and Families shall include the following
information in each document of the department entitled study in
support of permanency plan and status report for permanency planning
team, except when otherwise directed by the Juvenile Court: (1) A
description of any problems or offenses that necessitated the placement
of the child with the department; (2) a description of the type and an
analysis of the effectiveness of the care, treatment and supervision that
the department has provided for the child; (3) for each child in substitute
care, the current visitation schedule between the child and his or her
parents and siblings; (4) a description of every effort taken by the
department to reunite the child with a parent or to find a permanent
placement for the child, including, where applicable, every effort to
assist each parent in remedying factors that contributed to the removal
of the child from the home; (5) a proposed timetable for reunification of
the child and a parent, a permanent placement if continued substitute
care is recommended or a justification of why extended substitute care
is necessary; [and] (6) whether the child has been visited no less
frequently than every three months by a state or private agency if the
child has been placed in foster care outside this state; (7) the dates of
administrative case review meetings and permanency team meetings;
(8) whether the department has received or obtained the most up-to-
date information concerning the child's medical, dental, developmental,
educational and treatment needs from any relevant service providers;
(9) whether the child has received services recommended by any such
providers, and a description of any concerns identified by such
providers; (10) a description of (A) any new report alleging abuse or
neglect pertaining to the child or a parent of the child received pursuant
to section 17a-103a, (B) whether such report resulted in an investigation,
and (C) the findings of any such investigation; (11) any new criminal
charges pending against any such parent; (12) for any child in the care Substitute House Bill No. 5382
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and custody of the department, whether the child was placed in a
licensed home or home eligible for licensure pursuant to section 17a-
114, and whether any applicable waivers have been obtained pursuant
to said section; and (13) for any child under three years of age, whether
the child was screened for developmental and social-emotional delays
pursuant to section 17a-106e, whether any such delays were identified
and, if so, whether the child was referred to the birth-to-three program
pursuant to said section.
Sec. 3. Subsection (g) of section 17a-28 of the 2024 supplement to the
general statutes is amended by adding subdivision (34) as follows
(Effective July 1, 2024):
(NEW) (34) Any individual, upon the request of such individual,
when the information concerns an incident of abuse or neglect that
resulted in the fatality or near fatality of a child or youth, provided (A)
such disclosure shall be limited to (i) the cause and circumstances of
such fatality or near fatality, (ii) the age and gender of such child or
youth, (iii) a description of any previous reports of or investigations into
child abuse or neglect that are relevant to the child abuse or neglect that
led to such fatality or near fatality, (iv) the findings of any such
investigations, and (v) a description of any services provided and
actions taken by the state on behalf of such child or youth that are
relevant to the child abuse or neglect that led to such fatality or near
fatality, and (B) the department shall not make any disclosure that is
prohibited by the provisions of any relevant federal law, including, but
not limited to, Titles IV-B and IV-E of the Social Security Act, as
amended from time to time. The department may withho ld the
disclosure of any records described in this subdivision if the
commissioner determines that such disclosure may (i) result in harm to
the safety or well-being of the child or youth who is the subject of such
records, the family of such child or youth, or any individual who made
a report of abuse or neglect pertaining to such child or youth, or (ii) Substitute House Bill No. 5382
Public Act No. 24-126 6 of 24
interfere with a pending criminal investigation.
Sec. 4. Subsection (h) of section 17a-28 of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2024):
(h) The department may, subject to subsections (b) and (c) of this
section, disclose records without the consent of the person who is the
subject of the record, to:
(1) An employee or former employee of the department or such
employee or former employee's authorized representative for purposes
of participating in any court, administrative or disciplinary proceeding,
provided such disclosure shall be limited to records that are necessary
to the proceeding, as determined by the department;
(2) Multidisciplinary teams, as described in section 17a-106a;
(3) A provider of professional services for a child, youth or parent
referred to such provider, provided such disclosure is limited to
information necessary to provide services to the child, youth or parent;
(4) An individual or agency under contract with the department for
the purposes of identifying and assessing a potential foster or adoptive
home or visiting resource for a child or youth, provided no information
identifying a biological parent of a child or youth is disclosed without
the permission of such biological parent;
(5) A physician examining a child with respect to whom abuse or
neglect is suspected and who is authorized pursuant to section 17a-101f
to keep the child in the custody of a hospital when such physician
requires the information in a record of the department to determine
whether to keep the child in protective custody;
(6) An individual who reports child abuse or neglect pursuant to Substitute House Bill No. 5382
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sections 17a-101a to 17a-101c, inclusive, or section 17a-103, who made a
report of abuse or neglect, provided the information disclosed is limited
to (A) the status of the investigation conducted pursuant to section 17a-
101g resulting from the individual's report; and (B) in general terms, the
action taken by the department as a result of such investigation;
(7) An individual or organization engaged in the business of medical,
psychological or psychiatric diagnosis and treatment and who is
treating a person, provided the commissioner, or the commissioner's
designee, determines that the disclosure is necessary to accomplish the
objectives of diagnosis or treatment;
(8) A court or public agency in another state or a federally recognized
Indian tribe, that is responsible for investigating child abuse or neglect,
preventing child abuse and neglect or providing services to families at
risk for child abuse or neglect, for the purpose of such investigation,
prevention or providing services to such families;
(9) An individual conducting bona fide research, provided no
information identifying the subject of the record is disclosed unless (A)
such information is essential to the purpose of the research; and (B) the
department has given written approval for the use of such information;
(10) An individual or agency involved in the collection of fees for
services, provided such information is limited to the name and address
of the person who received the services and the fees for services, except
as provided in section 17b-225. In cases where a dispute arises over such
fees or claims or where additional information is needed to substantiate
the fee or claim, the Department of Children and Families may disclose
the following: (A) That the person was, in fact, provided services by the
department; (B) the dates and duration of such services; and (C) a
general description of the types of services, including evidence that a
service or treatment plan exists and has been carried out and evidence
to substantiate the necessity for admission and length of stay in an Substitute House Bill No. 5382
Public Act No. 24-126 8 of 24
institution or facility;
(11) A law enforcement officer or state's attorney if there is reasonable
cause to believe that (A) a child or youth is being abused or neglected or
at risk of being abused or neglected as a result of any suspected criminal
activity by any individual, or (B) an employee of the department is being
threatened or harassed or has been assaulted by a client or coworker;
(12) Any individual interviewed as part of an investigation
conducted pursuant to section 17a-101g, who is not otherwise entitled
to such information, provided such disclosure is limited to: (A) The
general nature of the allegations contained in the reports; (B) the identity
of the child or youth alleged to have been abused or neglected; and (C)
information necessary to effectively conduct the investigation;
(13) Any individual, when information concerning an incident of
child abuse or neglect has been made public or the commissioner
reasonably believes publication of such information is likely, provided
such disclosure is limited to: (A) Whether the department has received
any report in accordance with sections 17a-101a to 17a-101c, inclusive,
or section 17a-103; (B) in general terms, any action taken by the
department, provided: (i) Names or other individually identifiable
information of the child or other family members is not disclosed,
regardless of whether such individually identifiable information is
otherwise available, and (ii) the name or other individually identifiable
information of the person suspected to be responsible for the abuse or
neglect is not disclosed unless such person has been arrested for a crime
due to such abuse or neglect; (C) confirmation or denial of the accuracy
of information that has been made public; and (D) notwithstanding the
provisions of section 46b-124, in general terms, the legal status of the
case;
(14) Any individual for the purpose of locating such individual's
missing parent, child, sibling, aunt, uncle, first cousin or grandparent, Substitute House Bill No. 5382
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provided such disclosure is limited to information that assists in
locating such missing parent, child, sibling, aunt, uncle, first cousin or
grandparent;
[(15) Any individual, when the information concerns an incident of
abuse or neglect that resulted in a child or youth fatality or near fatality
of a child or youth, provided disclosure of such information is in general
terms and does not jeopardize a pending investigation;]
[(16)] (15) A judge of a court of competent jurisdiction whenever an
employee of the department is subpoenaed and ordered to testify about
such records for purposes of in camera inspection to determine if such
records may be disclosed pursuant to this section if (A) the court has
ordered that such records be provided to the court; or (B) a party to the
proceeding has issued a subpoena for such records; and
[(17)] (16) An individual who is not employed by the department who
arranges, performs or assists in performing functions or activities on
behalf of the department, including, but not limited to, data analysis,
processing or administration, utilization reviews, quality assurance,
practice management, consultation, data aggregation and accreditation
services.
Sec. 5. Subsection (j) of section 46b-129 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2024):
(j) (1) For the purposes of this subsection and subsection (k) of this
section, (A) "permanent legal guardianship" means a permanent
guardianship, as defined in section 45a-604, [and] (B) "caregiver" means
(i) a fictive kin caregiver, as defined in section 17a-114, who is caring for
a child, (ii) a relative caregiver, as defined in section 17a-126, who is
caring for a child, or (iii) a person who is licensed or approved to
provide foster care pursuant to section 17a-114, who is caring for a child, Substitute House Bill No. 5382
Public Act No. 24-126 10 of 24
and (C) "trial home visit" means the temporary placement of a child or
youth committed to the Commissioner of Children and Families in the
home of such child's or youth's parent or guardian.
(2) Upon finding and adjudging that any child or youth is uncared
for, neglected or abused the court may (A) commit such child or youth
to the Commissioner of Children and Families, and such commitment
shall remain in effect until further order of the court, except that such
commitment may be revoked or parental rights terminated at any time
by the court; (B) vest such child's or youth's legal guardianship in any
private or public agency that is permitted by law to care for neglected,
uncared for or abused children or youths or with any other person or
persons found to be suitable and worthy of such responsibility by the
court, including, but not limited to, any relative of such child or youth
by blood or marriage; (C) vest such child's or youth's permanent legal
guardianship in any person or persons found to be suitable and worthy
of such responsibility by the court, including, but not limited to, any
relative of such child or youth by blood or marriage in accordance with
the requirements set forth in subdivision [(5)] (6) of this subsection; or
(D) place the child or youth in the custody of the parent or guardian
with protective supervision by the Commissioner of Children and
Families subject to conditions established by the court.
(3) If the court approves a permanency plan filed with the court that
recommends the reunification of the child or youth with such child's or
youth's parent or guardian, the Commissioner of Children and Families
may, with the agreement of all parties of record, authorize a trial home
visit prior to the revocation of the order of commitment pertaining to
such child or youth. The commissioner shall (A) provide the court and
all parties of record written notice of the commissioner's intent to
authorize any such trial home visit not later than fifteen days prior to
such authorization; (B) create a trial home visit plan that shall be
provided to all parties of record, and include, but need not be limited to, Substitute House Bill No. 5382
Public Act No. 24-126 11 of 24
announced and unannounced visits to the home by the department and
the provision of any services during such trial home visit that the
commissioner determines are necessary to promote the child's or
youth's well-being; and (C) file a motion for revocation of commitment
not later than thirty days after the date such trial home visit commences,
unless the commissioner removes the child or youth from the home
prior to that time pursuant to its responsibility and authority over
children and youth committed to the care and custody of the
commissioner. A trial home visit authorized under this section shall
remain in effect until the commissioner removes such child or youth
pursuant to subparagraph (C) of this subdivision or the court grants a
motion for revocation of commitment filed pursuant to said
subparagraph.
[(3)] (4) If the court determines that the commitment should be
revoked and the child's or youth's legal guardianship or permanent
legal guardianship should vest in someone other than the respondent
parent, parents or former guardian, or if parental rights are terminated
at any time, there shall be a rebuttable presumption that an award of
legal guardianship or permanent legal guardianship upon revocation
to, or adoption upon termination of parental rights by, any caregiver or
person or who is, pursuant to an order of the court, the temporary
custodian of the child or youth at the time of the revocation or
termination, shall be in the best interests of the child or youth and that
such caregiver is a suitable and worthy person to assume legal
guardianship or permanent legal guardianship upon revocation or to
adopt such child or youth upon termination of parental rights. The
presumption may be rebutted by a preponderance of the evidence that
an award of legal guardianship or permanent legal guardianship to, or
an adoption by, such caregiver would not be in the child's or youth's
best interests and such caregiver is not a suitable and worthy person.
The court shall order specific steps that the parent must take to facilitate
the return of the child or youth to the custody of such parent. Substitute House Bill No. 5382
Public Act No. 24-126 12 of 24
[(4)] (5) The commissioner shall be the guardian of such child or
youth for the duration of the commitment, provided the child or youth
has not reached the age of eighteen years, or until another guardian has
been legally appointed, and in like manner, upon such vesting of the
care of such child or youth, such other public or private agency or
individual shall be the guardian of such child or youth until such child
or youth has reached the age of eighteen years or, in the case of a child
or youth in full-time attendance in a secondary school, a technical
education and career school, a college or a state-accredited job training
program, until such child or youth has reached the age of twenty-one
years or until another guardian has been legally appointed. The
commissioner may place any child or youth so committed to the
commissioner in a suitable foster home or in the home of a fictive kin
caregiver, relative caregiver, or in a licensed child-caring institution or
in the care and custody of any accredited, licensed or approved child-
caring agency, within or without the state, provided a child shall not be
placed outside the state except for good cause and unless the parents or
guardian of such child are notified in advance of such placement and
given an opportunity to be heard, or in a receiving home maintained
and operated by the commissioner. When placing such child or youth,
the commissioner shall provide written notification of the placement,
including the name, address and other relevant contact information
relating to the placement, to any attorney or guardian ad litem
appointed to represent the child or youth pursuant to subsection (c) of
this section. The commissioner shall provide written notification to such
attorney or guardian ad litem of any change in placement of such child
or youth, including a hospitalization or respite placement, and if the
child or youth absconds from care. The commissioner shall provide such
written notification not later than ten business days prior to the date of
change of placement in a nonemergency situation, or not later than two
business days following the date of a change of placement in an
emergency situation. In placing such child or youth, the commissioner
shall, if possible, select a home, agency, institution or person of like Substitute House Bill No. 5382
Public Act No. 24-126 13 of 24
religious faith to that of a parent of such child or youth, if such faith is
known or may be ascertained by reasonable inquiry, provided such
home conforms to the standards of the commissioner and the
commissioner shall, when placing siblings, if possible, place such
children together. At least ten days prior to transferring a child or youth
to a second or subsequent placement, the commissioner shall give
written notice to such child or youth and such [child] child's or youth's
attorney of said commissioner's intention to make such transfer, unless
an emergency or risk to such [child] child's or youth's well-being
necessitates the immediate transfer of such child and renders such
notice impossible. Upon the issuance of an order committing the child
or youth to the commissioner, or not later than sixty days after the
issuance of such order, the court shall determine whether the
department made reasonable efforts to keep the child or youth with his
or her parents or guardian prior to the issuance of such order and, if
such efforts were not made, whether such reasonable efforts were not
possible, taking into consideration the child's or youth's best interests,
including the child's or youth's health and safety.
[(5)] (6) A youth who is committed to the commissioner pursuant to
this subsection and has reached eighteen years of age may remain in the
care of the commissioner, by consent of the youth and provided the
youth has not reached the age of twenty-one years of age, if the youth is
(A) enrolled in a full-time approved secondary education program or an
approved program leading to an equivalent credential; (B) enrolled full
time in an institution which provides postsecondary or vocational
education; or (C) participating full time in a program or activity
approved by said commissioner that is designed to promote or remove
barriers to employment. The commissioner, in [his or her] the
commissioner's discretion, may waive the provision of full-time
enrollment or participation based on compelling circumstances. Not
more than one hundred twenty days after the youth's eighteenth
birthday, the department shall file a motion in the superior court for Substitute House Bill No. 5382
Public Act No. 24-126 14 of 24
juvenile matters that had jurisdiction over the youth's case prior to the
youth's eighteenth birthday for a determination as to whether
continuation in care is in the youth's best interest and, if so, whether
there is an appropriate permanency plan. The court, in its discretion,
may hold a hearing on said motion.
[(6)] (7) Prior to issuing an order for permanent legal guardianship,
the court shall provide notice to each parent that the parent may not file
a motion to terminate the permanent legal guardianship, or the court
shall indicate on the record why such notice could not be provided, and
the court shall find by clear and convincing evidence that the permanent
legal guardianship is in the best interests of the child or youth and that
the following have been proven by clear and convincing evidence:
(A) One of the statutory grounds for termination of parental rights
exists, as set forth in subsection (j) of section 17a-112, or the parents have
voluntarily consented to the establishment of the permanent legal
guardianship;
(B) Adoption of the child or youth is not possible or appropriate;
(C) (i) If the child or youth is at least twelve years of age, such child
or youth consents to the proposed permanent legal guardianship, or (ii)
if the child is under twelve years of age, the proposed permanent legal
guardian is: (I) A relative, (II) a caregiver, or (III) already serving as the
permanent legal guardian of at least one of the child's siblings, if any;
(D) The child or youth has resided with the proposed permanent
legal guardian for at least a year; and
(E) The proposed permanent legal guardian is (i) a suitable and
worthy person, and (ii) committed to remaining the permanent legal
guardian and assuming the right and responsibilities for the child or
youth until the child or youth attains the age of majority. Substitute House Bill No. 5382
Public Act No. 24-126 15 of 24
[(7)] (8) An order of permanent legal guardianship may be reopened
and modified and the permanent legal guardian removed upon the
filing of a motion with the court, provided it is proven by a fair
preponderance of the evidence that the permanent legal guardian is no
longer suitable and worthy. A parent may not file a motion to terminate
a permanent legal guardianship. If, after a hearing, the court terminates
a permanent legal guardianship, the court, in appointing a successor
legal guardian or permanent legal guardian for the child or youth shall
do so in accordance with this subsection.
Sec. 6. Subsections (p) to (t), inclusive, of section 46b-129 of the
general statutes are repealed and the following is substituted in lieu
thereof (Effective July 1, 2024):
(p) A foster parent, prospective adoptive parent or relative caregiver
shall receive notice and have the right to be heard for the purposes of
this section in Superior Court in any proceeding concerning a foster
child living with such foster parent, prospective adoptive parent or
relative caregiver. A foster parent, prospective adoptive parent or
relative caregiver who has cared for a child or youth shall have the right
to be heard and comment on the best interests of such child or youth in
any proceeding under this section which is brought not more than one
year after the last day the foster parent, prospective adoptive parent or
relative caregiver provided such care. Any notice provided pursuant to
this subsection shall include the Internet web site address for any
proceeding that will be conducted on a virtual platform. The court shall
confirm compliance with the notice requirements set forth in this
subsection at any such proceeding.
(q) Upon motion of any sibling of any child committed to the
Department of Children and Families pursuant to this section, such
sibling shall have the right to be heard concerning visitation with, and
placement of, any such child. In awarding any visitation or modifying
any placement, the court shall be guided by the best interests of all Substitute House Bill No. 5382
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siblings affected by such determination.
(r) The provisions of section 17a-152, regarding placement of a child
from another state, and section 17a-175, regarding the Interstate
Compact on the Placement of Children, shall apply to placements
pursuant to this section. In any proceeding under this section involving
the placement of a child or youth in another state where the provisions
of section 17a-175 are applicable, the court shall, before ordering or
approving such placement, state for the record the court's finding
concerning compliance with the provisions of section 17a-175. The
court's statement shall include, but not be limited to: (1) A finding that
the state has received notice in writing from the receiving state, in
accordance with subsection (d) of Article III of section 17a-175,
indicating that the proposed placement does not appear contrary to the
interests of the child, (2) the court has reviewed such notice, (3) whether
or not an interstate compact study or other home study has been
completed by the receiving state, and (4) if such a study has been
completed, whether the conclusions reached by the receiving state as a
result of such study support the placement.
(s) In any proceeding under this section, the Department of Children
and Families shall provide notice to (1) each attorney of record for each
party involved in the proceeding when the department seeks to transfer
a child or youth in its care, custody or control to an out-of-state
placement, and (2) the attorney for the child or youth, and any guardian
ad litem for such child or youth, of (A) any new report of abuse or
neglect pertaining to such child or youth or such child's or youth's
parent or guardian received pursuant to section 17a-103a, (B) whether
such report resulted in an investigation, and (C) the results of any such
investigation.
(t) If a child or youth is placed into out-of-home care by the
Commissioner of Children and Families pursuant to this section, the
commissioner shall include in any report the commissioner submits to Substitute House Bill No. 5382
Public Act No. 24-126 17 of 24
the court information regarding (1) the safety and suitability of such
[child] child's or youth's placement, taking into account the
requirements set forth in section 17a-114; (2) whether the department
has received or obtained the most recent information concerning such
[child] child's or youth's medical, dental, developmental, educational
and treatment needs from any relevant service providers; [and] (3) a
timeline for ensuring that such needs are met; (4) for any such child or
youth under three years of age, whether the child or youth was screened
for developmental and social-emotional delays pursuant to section 17a-
106e, whether any such delays were identified and, if so, whether the
child or youth was referred to the birth-to-three program pursuant to
said section; (5) the dates of administrative case review meetings and
permanency team meetings; (6) any new report alleging abuse or neglect
pertaining to such child or youth or a parent or guardian of such child
or youth pursuant to section 17a-103a, and (A) whether such report
resulted in an investigation, and (B) the findings of any such
investigation; and (7) any new criminal charges pending against any
such parent or guardian. Such information shall also be submitted to the
court (A) not later than ninety days after such child or youth is placed
into out-of-home care; (B) if such [child] child's or youth's out-of-home
placement changes; and (C)if the commissioner files a permanency plan
on behalf of such child or youth. The court shall consider such
information in making decisions regarding such [child] child's or
youth's [well-being] best interests.
Sec. 7. Section 46b-129 of the general statutes is amended by adding
subsections (u) to (w), inclusive, as follows (Effective July 1, 2024):
(NEW) (u) Prior to the issuance of any order affecting the legal status
or placement of a child in any proceeding under this section, the court
shall confirm that (1) any attorney for such child has obtained a clear
understanding of the situation and the needs of such child, as described
in 42 USC 5106a(b)(2)(B), as amended from time to time; (2) any Substitute House Bill No. 5382
Public Act No. 24-126 18 of 24
guardian ad litem for such child has performed an independent
investigation of the case and is prepared to present information
pertinent to the court's determination of the best interests of such child,
in accordance with the provisions of subparagraph (D) of subdivision
(2) of section 46b-129a, as amended by this act; and (3) any attorney or
guardian ad litem for such child has (A) communicated regularly with
such child, or, in the case of a nonverbal child, such child's caregivers
and service providers, and (B) visited with such child with sufficient
frequency as to be informed of such child's situation and needs.
(NEW) (v) In any proceeding to review, modify, terminate or extend
an order of protective supervision, the Department of Children and
Families shall file with the court information concerning (1) whether the
department has received or obtained the most up-to-date information
concerning the child's medical, dental, developmental, educational and
treatment needs from any relevant service providers; (2) whether the
child has received services recommended by any such providers and a
description of any concerns identified by such providers; (3) a
description of (A) any new report alleging abuse or neglect pertaining
to the child or a parent of the child received pursuant to section 17a-
103a, (B) whether such report resulted in an investigation, and (C) the
findings of any such investigation; (4) any new criminal charges
pending against any such parent; and (5) for any child under three years
of age, whether the child was screened for developmental and social-
emotional delays pursuant to section 17a-106e, whether any such delays
were identified and, if so, whether the child was referred to the birth-to-
three program pursuant to said section.
(NEW) (w) In any proceeding under this section, the Department of
Children and Families shall identify the source of any documentation,
statements or allegations included in the department's submissions to
the court and the date or dates upon which any such information was
obtained by the department. Substitute House Bill No. 5382
Public Act No. 24-126 19 of 24
Sec. 8. Subparagraph (D) of subdivision (2) of section 46b-129a of the
2024 supplement to the general statutes is repealed and the following is
substituted in lieu thereof (Effective July 1, 2024):
(D) If the court, based on evidence before it, or counsel for the child,
determines that the child cannot adequately act in his or her own best
interests and the child's wishes, as determined by counsel, if followed,
could lead to substantial physical, financial or other harm to the child
unless protective action is taken, counsel may request and the court may
order that a separate guardian ad litem be assigned for the child, in
which case the court shall either appoint a guardian ad litem to serve on
a voluntary basis or notify the office of Chief Public Defender who shall
assign a separate guardian ad litem for the child. The guardian ad litem
shall perform an independent investigation of the case and [may] be
prepared to present at any hearing information pertinent to the court's
determination of the best interests of the child. The guardian ad litem
shall be subject to cross-examination upon the request of opposing
counsel. The guardian ad litem is not required to be an attorney-at-law
but shall be knowledgeable about the needs and protection of children
and relevant court procedures. If a separate guardian ad litem is
assigned, the person previously serving as counsel for the child shall
continue to serve as counsel for the child and a different person shall be
assigned as guardian ad litem, unless the court for good cause also
determines that a different person should serve as counsel for the child,
in which case the court shall notify the office of Chief Public Defender
who shall assign a different person as counsel for the child. No person
who has served as both counsel and guardian ad litem for a child shall
thereafter serve solely as the child's guardian ad litem.
Sec. 9. (Effective from passage) (a) There is established a working group
to review available data and information regarding the effectiveness of
the Department of Children and Families in discharging its child
protection responsibilities and to develop a plan for the public Substitute House Bill No. 5382
Public Act No. 24-126 20 of 24
dissemination of such data and information on a regular basis. Such
data and information may include, but need not be limited to, (1)
quantitative and qualitative information regarding the safety,
permanency and well-being of children served by the Department of
Children and Families, aligned with the requirements of the Federal
Child and Family Service Reviews; (2) quality assurance information
regarding the assessment and management of risk and safety in child
protective service cases, including cases open with the Department of
Children and Families in ongoing treatment; (3) the availability,
timeliness and effectiveness of services for children and families,
including developmental and educational needs; (4) information on
differential response, including the outcomes for children served
through state-funded diversion programs, such as Community Support
for Families and Integrated Family Care and Support; (5) disclosures
regarding child fatalities consistent with the requirements of the federal
Child Abuse Prevention and Treatment Act, 42 USC 5106 et seq., as
amended from time to time; and (6) a summary of findings,
recommendations and action steps arising from the Department of
Children and Families' internal review of department practices
following fatalities and near-fatalities of children where the department
had an open case or a case closed within the previous twelve months.
(b) The working group shall consist of the following members:
(1) The chairpersons and ranking members of the joint standing
committee of the General Assembly having cognizance of matters
relating to children;
(2) The Commissioner of Children and Families, or the
commissioner's designee;
(3) The Child Advocate, or the Child Advocate's designee;
(4) The chairperson of the State Advisory Council on Children and Substitute House Bill No. 5382
Public Act No. 24-126 21 of 24
Families, established pursuant to section 17a-4 of the general statutes, as
amended by this act;
(5) The Chief Public Defender, or the Chief Public Defender's
designee;
(6) The executive director of the Connecticut Alliance of Foster and
Adoptive Families, or the executive director's designee; and
(7) One designated by the Commissioner of Children and Families,
who is a representative from an entity with expertise in data collection
and analysis.
(c) All initial designations to the working group shall be made not
later than thirty days after the effective date of this section. Any vacancy
shall be filled by the appointing authority.
(d) The chairpersons of the joint standing committee of the General
Assembly having cognizance of matters relating to children shall serve
as the chairpersons of the working group. Such chairpersons shall
schedule the first meeting of the working group, which shall be held not
later than sixty days after the effective date of this section.
(e) The administrative staff of the joint standing committee of the
General Assembly having cognizance of matters relating to children
shall serve as administrative staff of the working group.
(f) Not later than January 1, 2025, the working group shall submit a
report on its findings and recommendations to the joint standing
committee of the General Assembly having cognizance of matters
relating to children, in accordance with the provisions of section 11-4a
of the general statutes. The working group shall terminate on the date
that it submits such report or January 1, 2025, whichever is later.
Sec. 10. (Effective from passage) (a) There is established a working Substitute House Bill No. 5382
Public Act No. 24-126 22 of 24
group to review the delivery of legal services to children in child
protection proceedings in this state. Such review shall include, but need
not be limited to, models of legal service delivery previously used in this
state or currently used in other states, and recommendations for
improving the quality of legal representation provided to children in
this state.
(b) The working group shall consist of the following members:
(1) One appointed by the speaker of the House of Representatives,
who is an attorney with expertise in representing children in child
welfare proceedings;
(2) One appointed by the president pro tempore of the Senate, who is
an attorney with expertise in representing children in child welfare
proceedings;
(3) One appointed by the majority leader of the House of
Representatives, who is an attorney with expertise in representing
parents in child welfare proceedings;
(4) One appointed by the majority leader of the Senate, who is an
attorney with expertise in representing parents in child welfare
proceedings;
(5) One appointed by the minority leader of the House of
Representatives, who is a representative of an organization dedicated to
advancing the legal rights of children;
(6) One appointed by the minority leader of the Senate, who is a
representative of an organization dedicated to improving public policy
for children;
(7) The chairpersons and ranking members of the joint standing
committee of the General Assembly having cognizance of matters Substitute House Bill No. 5382
Public Act No. 24-126 23 of 24
relating to children;
(8) The Chief Public Defender, or the Chief Public Defender's
designee;
(9) The Child Advocate, or the Child Advocate's designee;
(10) The chief administrative judge of juvenile matters;
(11) The Attorney General, or the Attorney General's designee;
(12) The Commissioner of Children and Families, or the
commissioner's designee; and
(13) The executive director of the Connecticut Alliance of Foster and
Adoptive Families, or the executive director's designee.
(c) Any member of the working group designated under subdivision
(1), (2), (3), (4), (5), (6) or (7) of subsection (b) of this section may be a
member of the General Assembly.
(d) All initial designations to the working group shall be made not
later than thirty days after the effective date of this section. Any vacancy
shall be filled by the appointing authority.
(e) The chairpersons of the joint standing committee of the General
Assembly having cognizance of matters relating to children shall serve
as the chairpersons of the working group. Such chairpersons shall
schedule the first meeting of the working group, which shall be held not
later than sixty days after the effective date of this section.
(f) The administrative staff of the joint standing committee of the
General Assembly having cognizance of matters relating to children
shall serve as administrative staff of the working group.
(g) Not later than November 1, 2024, the working group shall submit Substitute House Bill No. 5382
Public Act No. 24-126 24 of 24
a report on its findings and recommendations to the joint standing
committee of the General Assembly having cognizance of matters
relating to children, in accordance with the provisions of section 11-4a
of the general statutes, and the Office of the Chief Public Defender. The
working group shall terminate on the date that it submits such report or
November 1, 2024, whichever is later.
Sec. 11. Subsection (d) of section 2-128a of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2024):
(d) Not later than [July 1, 2024] January 1, 2025, the working group
shall submit the Title IX compliance toolkit to the joint standing
committee of the General Assembly having cognizance of matters
relating to children, in accordance with the provisions of section 11-4a.
The working group shall terminate on the date that it submits such
toolkit or [July 1, 2024] January 1, 2025, whichever is later.
Sec. 12. Subsection (a) of section 10-11c of the 2024 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2024):
(a) Not later than [October 1, 2024] April 1, 2025, the Department of
Education shall distribute the Title IX compliance toolkit, identified or
developed pursuant to section 2-128a, as amended by this act, to local
and regional boards of education and provide technical assistance to
such boards in the implementation of such toolkit.