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 Section 46a-13k of the general statutes is repealed and the 1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