Connecticut 2024 Regular Session

Connecticut Senate Bill SB00437 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 3031 1 of 11
	3	+	LCO No. 3031 1 of 11
4	4
5	5		General Assembly Raised Bill No. 437
6	6		February Session, 2024
7	7		LCO No. 3031
8	8
9	9
10		-	Referred to Committee on GOVERNMENT
11		-	~~ADMINISTRATION~~ AND ELECTIONS
	10	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	11	+	AND ELECTIONS
12	12
13	13
14	14		Introduced by:
15	15		(GAE)
	16	+
16	17
17	18
18	19
19	20		AN ACT CONCERNING THE STRUCTURE OF THE OFFICE OF THE
20	21		CHILD ADVOCATE WITHIN THE OFFICE OF GOVERNMENTAL
21	22		ACCOUNTABILITY.
22	23		Be it enacted by the Senate and House of Representatives in General
23	24		Assembly convened:
24	25
25	26		Section 1. Section 46a-13k of the general statutes is repealed and the 1
26	27		following is substituted in lieu thereof (Effective January 1, 2025): 2
27	28		(a) There is established, within the Office of Governmental 3
28	29		Accountability established under section 1-300, an Office of the Child 4
29	30		Advocate. [The Governor, with the approval of the General Assembly, 5
30	31		shall appoint a person with knowledge of the child welfare system and 6
31	32		the legal system to fill the Office of the Child Advocate. Such person 7
32	33		shall be qualified by training and experience to perform the duties of the 8
33	34		office as set forth in section 46a-13l. Upon any vacancy in the position of 9
34	35		Child Advocate, the advisory committee established pursuant to section 10
35	36		46a-13r shall meet to consider and interview successor candidates and 11
36	37		shall submit to the Governor a list of not fewer than three and not more 12
37	38		than five of the most outstanding candidates, not later than sixty days 13
38		-	after the occurrence of said vacancy, except that upon any vacancy in 14 Bill No. 437
	39	+	after the occurrence of said vacancy, except that upon any vacancy in 14 Raised Bill No. 437
39	40
40	41
41		-	LCO 3031 2 of 11
	42	+
	43	+	LCO No. 3031 2 of 11
42	44
43	45		said position occurring after January 1, 2012, but before June 15, 2012, 15
44	46		the advisory committee shall submit such list to the Governor on or 16
45	47		before July 31, 2012. Such list shall rank the candidates in the order of 17
46	48		committee preference. Not later than eight weeks after receiving the list 18
47	49		of candidates from the advisory committee, the Governor shall 19
48	50		designate a candidate for Child Advocate from among the choices on 20
49	51		such list. If at any time any of the candidates withdraw from 21
50	52		consideration prior to confirmation by the General Assembly, the 22
51	53		designation shall be made from the remaining candidates on the list 23
52	54		submitted to the Governor. If, not later than eight weeks after receiving 24
53	55		the list, the Governor fails to designate a candidate from the list, the 25
54	56		candidate ranked first shall receive the designation and be referred to 26
55	57		the General Assembly for confirmation. If the General Assembly is not 27
56	58		in session, the designated candidate shall serve as acting Child 28
57	59		Advocate and be entitled to the compensation, privileges and powers of 29
58	60		the Child Advocate until the General Assembly meets to take action on 30
59	61		said appointment. The person appointed Child Advocate shall serve for 31
60	62		a term of four years and may be reappointed or shall continue to hold 32
61	63		office until such person's successor is appointed and qualified.] The 33
62	64		Office of the Child Advocate shall be led by the Child Advocate, who, 34
63	65		for any advocate appointed on or after January 1, 2025, shall be 35
64	66		appointed by the Office of the Child Advocate Board, in accordance 36
65	67		with the provisions of section 46a-13r, as amended by this act. Upon any 37
66	68		vacancy in the position of Child Advocate and until such time as [a 38
67	69		candidate] an individual has been [confirmed by the General Assembly 39
68	70		or, if the General Assembly is not in session, has been designated by the 40
69		-	Governor] appointed by the board, the Associate Child Advocate shall 41
	71	+	Governor,] appointed by the board, the Associate Child Advocate shall 41
70	72		serve as the acting Child Advocate and be entitled to the compensation, 42
71	73		privileges and powers of the Child Advocate. 43
72	74		(b) Notwithstanding any other provision of the general statutes, the 44
73	75		Child Advocate shall act independently of any state department in the 45
74	76		performance of the advocate's duties. 46
75	77		(c) The Child Advocate may, within available funds, appoint such 47
76		-	staff as may be deemed necessary provided, for the fiscal years ending 48 Bill No. 437
	78	+	staff as may be deemed necessary provided, for the fiscal years ending 48 Raised Bill No. 437
77	79
78	80
79		-	LCO 3031 3 of 11
	81	+
	82	+	LCO No. 3031 3 of 11
80	83
81	84		June 30, 1996, and June 30, 1997, such staff shall not exceed one and one-49
82	85		half full-time positions or the equivalent thereof. The duties of the staff 50
83	86		may include the duties and powers of the Child Advocate if performed 51
84	87		under the direction of the Child Advocate. 52
85	88		(d) The General Assembly shall annually appropriate such sums as 53
86	89		necessary for the payment of the salaries of the staff and for the payment 54
87	90		of office expenses and other actual expenses incurred by the Child 55
88	91		Advocate in the performance of his or her duties. Any legal or court fees 56
89	92		obtained by the state in actions brought by the Child Advocate shall be 57
90	93		deposited in the General Fund. 58
91	94		(e) The Child Advocate shall annually submit, in accordance with the 59
92	95		provisions of section 11-4a, to the Governor, the joint standing 60
93	96		committees of the General Assembly having cognizance of matters 61
94	97		relating to the judiciary, children and human services and the [advisory 62
95	98		committee] Office of the Child Advocate Board, established pursuant to 63
96	99		section 46a-13r, as amended by this act, a detailed report analyzing the 64
97	100		work of the Office of the Child Advocate. 65
98	101		Sec. 2. Section 46a-13r of the general statutes is repealed and the 66
99	102		following is substituted in lieu thereof (Effective January 1, 2025): 67
100	103		(a) [There] Until December 31, 2024, there is established an advisory 68
101	104		committee to the Office of the Child Advocate established under section 69
102	105		46a-13k, as amended by this act. [Said committee shall prepare and 70
103	106		submit to the Governor a list of candidates for appointment of the Child 71
104	107		Advocate.] The advisory committee shall consist of seven members as 72
105	108		follows: (1) One appointed by the president pro tempore of the Senate; 73
106	109		(2) one appointed by the speaker of the House of Representatives; (3) 74
107	110		one appointed by the majority leader of the Senate; (4) one appointed by 75
108	111		the majority leader of the House of Representatives; (5) one appointed 76
109	112		by the minority leader of the Senate; (6) one appointed by the minority 77
110	113		leader of the House of Representatives; and (7) one appointed by the 78
111	114		Governor. The committee shall select a chairperson who shall preside at 79
112		-	meetings of the committee. No member of the advisory committee shall 80 Bill No. 437
	115	+	meetings of the committee. No member of the advisory committee shall 80 Raised Bill No. 437
113	116
114	117
115		-	LCO 3031 4 of 11
	118	+
	119	+	LCO No. 3031 4 of 11
116	120
117	121		be a person who is a volunteer for, a board member of, or is employed 81
118	122		by, any entity or agency subject to the review of, or evaluation or 82
119	123		monitoring by the Child Advocate pursuant to section 46a-13l, as 83
120	124		amended by this act, or is a communicator lobbyist who pursuant to 84
121	125		such lobbyist's registration under chapter 10, lobbies on behalf of any 85
122	126		entity or agency subject to the review of, or evaluation or monitoring by 86
123	127		the Child Advocate pursuant to [said] section 46a-13l, as amended by 87
124	128		this act. [Each member of the advisory committee shall serve a term of 88
125	129		five years and may be reappointed at the conclusion of such term. All 89
126	130		initial appointments to the advisory committee shall be made not later 90
127	131		than September 1, 2011.] Each member of the advisory committee shall 91
128	132		serve a five-year term from July first of the year of their appointment. 92
129	133		Any vacancy in the membership of the committee shall be filled by the 93
130	134		appointing authority for the unexpired portion of the term. Any 94
131	135		member appointed to the advisory committee prior to January 1, 2025, 95
132	136		and serving as a member on December 31, 2024, shall be automatically 96
133	137		appointed to serve as a member of the board established under 97
134	138		subsection (b) of this section for the remainder of the member's term. 98
135	139		(b) On and after January 1, 2025, there is established an independent, 99
136	140		nonpartisan board within the Office of the Child Advocate, the Office of 100
137	141		the Child Advocate Board, which shall be a successor to the advisory 101
138	142		committee established under subsection (a) of this section, in accordance 102
139	143		with the provisions of section 4-38d. The board shall consist of seven 103
140	144		members who have experience working with, or on behalf of, 104
141	145		vulnerable children involved in the child welfare system, juvenile justice 105
142	146		system or children who have received special education and other 106
143	147		disability support services. No member of the board shall be a person 107
144	148		who is a volunteer for, a board member of or is employed by, any entity 108
145	149		or agency subject to the review of, or evaluation or monitoring by the 109
146	150		Child Advocate pursuant to section 46a-13l, as amended by this act, or 110
147	151		is a communicator lobbyist who, pursuant to such lobbyist's registration 111
148	152		under chapter 10, lobbies on behalf of any entity or agency subject to the 112
149	153		review of, or evaluation or monitoring by the Child Advocate pursuant 113
150		-	to section 46a-13l, as amended by this act. The board members shall be 114 Bill No. 437
	154	+	to section 46a-13l, as amended by this act. The board members shall be 114 Raised Bill No. 437
151	155
152	156
153		-	LCO 3031 5 of 11
	157	+
	158	+	LCO No. 3031 5 of 11
154	159
155	160		appointed as follows: 115
156	161		(1) One appointed by the president pro tempore of the Senate; 116
157	162		(2) One appointed by the speaker of the House of Representatives; 117
158	163		(3) One appointed by the majority leader of the Senate; 118
159	164		(4) One appointed by the majority leader of the House of 119
160	165		Representatives; 120
161	166		(5) One appointed by the minority leader of the Senate; 121
162	167		(6) One appointed by the minority leader of the House of 122
163	168		Representatives; and 123
164	169		(7) One appointed by the Governor. 124
165	170		(c) Each member of the board shall serve a five-year term from July 125
166	171		first of the year of their appointment. Any vacancy in the membership 126
167	172		of the board shall be filled by the appointing authority for the unexpired 127
168	173		portion of the term. The board shall select a chairperson from among the 128
169	174		members who shall preside at meetings of the board. 129
170	175		[(b)] (d) The [advisory committee] board shall meet at least three 130
171	176		times each year with the Child Advocate, and the Child Advocate's staff, 131
172	177		[for the purposes described in subdivision (13) of subsection (a) of 132
173	178		section 46a-13l.] and shall have the following duties: 133
174	179		[(c) The advisory committee shall provide for an annual evaluation 134
175	180		of the effectiveness of the Office of the Child Advocate.] 135
176	181		(1) To appoint a person to serve as the Child Advocate, as described 136
177	182		in subsection (e) of this section; 137
178	183		(2) To annually evaluate the effectiveness of the Office of the Child 138
179	184		Advocate and the performance of the Child Advocate, in writing, and 139
180	185		to post such evaluation on the Internet web site of the Office of the Child 140
181		-	Advocate as a public document; and 141 Bill No. 437
	186	+	Advocate as a public document; and 141 Raised Bill No. 437
182	187
183	188
184		-	LCO 3031 6 of 11
	189	+
	190	+	LCO No. 3031 6 of 11
185	191
186	192		(3) To advise the Child Advocate on the strategic direction of the 142
187	193		office and its mission and help promote the use and engagement of, and 143
188	194		access to, the office. 144
189	195		(e) On and after January 1, 2025, the board shall appoint a person to 145
190	196		serve as the Child Advocate. The Child Advocate shall be an individual 146
191	197		qualified by training and experience to perform the duties of the office 147
192	198		as set forth in section 46a-13l, as amended by this act. The person 148
193	199		appointed Child Advocate shall serve for a term of four years and may 149
194	200		be reappointed or shall continue to hold office until such person's 150
195	201		successor is appointed and qualified by the board. The board may 151
196	202		reappoint the Child Advocate at the conclusion of the Child Advocate's 152
197	203		four-year term and may discharge an acting Child Advocate for cause. 153
198	204		A two-thirds majority vote of the membership of the board shall be 154
199	205		required to hire, reappoint or discharge the Child Advocate. When a 155
200	206		vacancy arises in the position of Child Advocate, the board shall 156
201	207		convene to hire a successor Child Advocate. 157
202	208		(f) The Office of the Child Advocate Board shall not be construed to 158
203	209		be a commission or board within the meaning of section 4-9a. 159
204	210		Sec. 3. Subsection (a) of section 46a-13l of the general statutes is 160
205	211		repealed and the following is substituted in lieu thereof (Effective January 161
206	212		1, 2025): 162
207	213		(a) The Child Advocate shall: 163
208	214		(1) Evaluate the delivery of services to children by state agencies and 164
209	215		those entities that provide services to children through funds provided 165
210	216		by the state; 166
211	217		(2) Review periodically the procedures established by any state 167
212	218		agency providing services to children to carry out the provisions of 168
213	219		sections 46a-13k to 46a-13p, inclusive, as amended by this act, with a 169
214	220		view toward the rights of the children and recommend revisions to such 170
215		-	procedures; 171 Bill No. 437
	221	+	procedures; 171 Raised Bill No. 437
216	222
217	223
218		-	LCO 3031 7 of 11
	224	+
	225	+	LCO No. 3031 7 of 11
219	226
220	227		(3) Review complaints of persons concerning the actions of any state 172
221	228		or municipal agency providing services to children and of any entity 173
222	229		that provides services to children through funds provided by the state, 174
223	230		make appropriate referrals and investigate those where the Child 175
224	231		Advocate determines that a child or family may be in need of assistance 176
225	232		from the Child Advocate or that a systemic issue in the state's provision 177
226	233		of services to children is raised by the complaint; 178
227	234		(4) Pursuant to an investigation, provide assistance to a child or 179
228	235		family who the Child Advocate determines is in need of such assistance 180
229	236		including, but not limited to, advocating with an agency, provider or 181
230	237		others on behalf of the best interests of the child; 182
231	238		(5) Periodically review the facilities and procedures of any and all 183
232	239		institutions or residences, public or private, where a juvenile has been 184
233	240		placed by any agency or department; 185
234	241		(6) Recommend changes in state policies concerning children 186
235	242		including changes in the system of providing juvenile justice, child care, 187
236	243		foster care and treatment; 188
237	244		(7) Take all possible action including, but not limited to, conducting 189
238	245		programs of public education, undertaking legislative advocacy and 190
239	246		making proposals for systemic reform and formal legal action, in order 191
240	247		to secure and ensure the legal, civil and special rights of children who 192
241	248		reside in this state; 193
242	249		(8) Provide training and technical assistance to attorneys 194
243	250		representing children and guardians ad litem appointed by the Superior 195
244	251		Court; 196
245	252		(9) Periodically review the number of special needs children in any 197
246	253		foster care or permanent care facility and recommend changes in the 198
247	254		policies and procedures for the placement of such children; 199
248	255		(10) Serve or designate a person to serve as a member of the child 200
249		-	fatality review panel established in subsection (b) of this section; 201 Bill No. 437
	256	+	fatality review panel established in subsection (b) of this section; 201 Raised Bill No. 437
250	257
251	258
252		-	LCO 3031 8 of 11
	259	+
	260	+	LCO No. 3031 8 of 11
253	261
254	262		(11) Take appropriate steps to advise the public of the services of the 202
255	263		Office of the Child Advocate, the purpose of the office and procedures 203
256	264		to contact the office; 204
257	265		(12) Prepare an in-depth report on conditions of confinement, 205
258	266		including, but not limited to, compliance with section 46a-152, 206
259	267		regarding children twenty-one years of age or younger who are held in 207
260	268		secure detention or correctional confinement in any facility operated by 208
261	269		a state agency. Such report shall be submitted, in accordance with the 209
262	270		provisions of section 11-4a, to the joint standing committee of the 210
263	271		General Assembly having cognizance of matters relating to children not 211
264	272		later than March 1, 2017, and, within available appropriations, every 212
265	273		two years thereafter; and 213
266	274		(13) Present to the [advisory committee] Office of the Child Advocate 214
267	275		Board, established pursuant to section 46a-13r, as amended by this act, 215
268	276		at least three times each year, a report on the goals of and projects 216
269	277		undertaken by the Office of the Child Advocate, within available 217
270	278		appropriations, that are consistent with the responsibilities of the Child 218
271	279		Advocate, and review resource needs of the office. 219
272	280		Sec. 4. Section 46a-13m of the general statutes is repealed and the 220
273	281		following is substituted in lieu thereof (Effective January 1, 2025): 221
274	282		(a) Notwithstanding any provision of the general statutes concerning 222
275	283		the confidentiality of records and information, the Child Advocate may 223
276	284		request and shall have access to, including the right to promptly inspect 224
277	285		and copy, any records necessary to carry out the responsibilities of the 225
278	286		Child Advocate, as provided in section 46a-13l, as amended by this act. 226
279	287		Such records shall be provided to the Child Advocate not later than 227
280	288		fourteen days from the date of such request. If the Child Advocate is 228
281	289		denied access to any records necessary to carry out said responsibilities, 229
282	290		the Child Advocate may issue a subpoena for the production of such 230
283	291		records as provided in subsection (c) of this section. 231
284	292		(b) In the performance of [his] the Child Advocate's responsibilities 232
285		-	under subsection (a) of section 46a-13l, as amended by this act, the Child 233 Bill No. 437
	293	+	under subsection (a) of section 46a-13l, as amended by this act, the Child 233 Raised Bill No. 437
286	294
287	295
288		-	LCO 3031 9 of 11
	296	+
	297	+	LCO No. 3031 9 of 11
289	298
290	299		Advocate may communicate privately with any child or person who has 234
291	300		received, is receiving or should have received services from the state. 235
292	301		Such communications shall be confidential and not be subject to 236
293	302		disclosure, except as provided in subsection (a) of section 46a-13n, as 237
294	303		amended by this act. 238
295	304		(c) The Child Advocate may issue subpoenas to compel the 239
296	305		attendance and testimony of witnesses or the production of books, 240
297	306		papers and other documents and to administer oaths to witnesses in any 241
298	307		matter under [his] investigation by the Child Advocate. If any person to 242
299	308		whom such subpoena is issued fails to appear or, having appeared, 243
300	309		refuses to give testimony or fails to produce the evidence required, the 244
301	310		Child Advocate may apply to the superior court for the judicial district 245
302	311		of Hartford which shall have jurisdiction to order such person to appear 246
303	312		and give testimony or to produce such evidence, as the case may be. 247
304	313		(d) The Child Advocate may apply for and accept grants, gifts and 248
305	314		bequests of funds from other states, federal and interstate agencies and 249
306	315		independent authorities and private firms, individuals and foundations, 250
307	316		for the purpose of carrying out [his] the Child Advocate's 251
308	317		responsibilities. There is established within the General Fund a child 252
309	318		advocate account which shall be a separate nonlapsing account. Any 253
310	319		funds received under this subsection shall, upon deposit in the General 254
311	320		Fund, be credited to said account and may be used by the Child 255
312	321		Advocate in the performance of [his] the Child Advocate's duties. 256
313	322		Sec. 5. Subsection (a) of section 46a-13n of the general statutes is 257
314	323		repealed and the following is substituted in lieu thereof (Effective January 258
315	324		1, 2025): 259
316	325		(a) The name, address and other personally identifiable information 260
317	326		of a person who makes a complaint to the Child Advocate as provided 261
318	327		in section 46a-13l, as amended by this act, all information obtained or 262
319	328		generated by the office in the course of an investigation and all 263
320	329		confidential records obtained by the Child Advocate or a designee shall 264
321		-	be confidential and shall not be subject to disclosure under the Freedom 265 Bill No. 437
	330	+	be confidential and shall not be subject to disclosure under the Freedom 265 Raised Bill No. 437
322	331
323	332
324		-	LCO 3031 10 of 11
	333	+
	334	+	LCO No. 3031 10 of 11
325	335
326	336		of Information Act or otherwise, except that such information and 266
327	337		records, other than confidential information concerning a pending law 267
328	338		enforcement investigation or a pending prosecution, may be disclosed 268
329	339		if the Child Advocate determines that disclosure is (1) in the general 269
330	340		public interest or (2) necessary to enable the Child Advocate to perform 270
331	341		his or her responsibilities under subsection (a) of section 46a-13l, as 271
332	342		amended by this act. If the Child Advocate determines that disclosure 272
333	343		of confidential information is not in the public interest but is necessary 273
334	344		to enable the Child Advocate to perform responsibilities under 274
335	345		subsection (a) of section 46a-13l, as amended by this act, or to identify, 275
336	346		prevent or treat the abuse or neglect of a child, the Child Advocate may 276
337	347		disclose such information to the appropriate agency responsible for the 277
338	348		welfare of such child, [or] the legal representative for such child, or to a 278
339	349		federal, state or local agency legally authorized to investigate or address 279
340	350		concerns or findings identified or disclosed by the Child Advocate. 280
341	351		Sec. 6. Subdivision (1) of subsection (a) of section 1-301 of the general 281
342	352		statutes is repealed and the following is substituted in lieu thereof 282
343	353		(Effective January 1, 2025): 283
344	354		(a) (1) There shall be a Governmental Accountability Commission, 284
345	355		within the Office of Governmental Accountability established under 285
346	356		section 1-300, that shall consist of seven members as follows: (A) The 286
347	357		executive director of the Judicial Review Council established under 287
348	358		section 51-51k, or the executive director's designee; (B) the chairperson 288
349	359		of the Judicial Selection Commission established under section 51-44a, 289
350	360		or the chairperson's designee; (C) the chairperson of the Board of 290
351	361		Firearms Permit Examiners established under section 29-32b, or the 291
352	362		chairperson's designee; (D) the Child Advocate appointed under section 292
353	363		[46a-13k] 46a-13r, as amended by this act, or the advocate's designee; (E) 293
354	364		the Victim Advocate appointed under section 46a-13b, or the advocate's 294
355	365		designee; (F) the chairperson of the State Contracting Standards Board 295
356	366		established under section 4e-2, or the chairperson's designee; and (G) 296
357	367		the Correction Ombuds appointed under section 18-81jj, or the 297
358	368		Correction Ombuds' designee, provided no person serving as a designee 298
359		-	under this subsection may be a state employee. The Governmental 299 Bill No. 437
	369	+	under this subsection may be a state employee. The Governmental 299 Raised Bill No. 437
360	370
361	371
362		-	LCO 3031 11 of 11
	372	+
	373	+	LCO No. 3031 11 of 11
363	374
364	375		Accountability Commission shall select a chairperson who shall preside 300
365	376		at meetings of the commission. Said commission shall meet for the 301
366	377		purpose of making recommendations to the Governor for candidates for 302
367	378		the executive administrator of the Office of Governmental 303
368	379		Accountability pursuant to the provisions of subsection (b) of this 304
369	380		section, or for the purpose of terminating the employment of the 305
370	381		executive administrator. 306
371	382		This act shall take effect as follows and shall amend the following
372	383		sections:
373	384
374	385		Section 1 January 1, 2025 46a-13k
375	386		Sec. 2 January 1, 2025 46a-13r
376	387		Sec. 3 January 1, 2025 46a-13l(a)
377	388		Sec. 4 January 1, 2025 46a-13m
378	389		Sec. 5 January 1, 2025 46a-13n(a)
379	390		Sec. 6 January 1, 2025 1-301(a)(1)
380	391
381		-	GAE Joint Favorable
	392	+	Statement of Purpose:
	393	+	To modify the appointment process for the Child Advocate and to create
	394	+	an independent board within the advocate's office with the
	395	+	responsibility of appointing the advocate.
	396	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	397	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	398	+	underlined.]
382	399