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16 | 17 | | |
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17 | 18 | | |
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18 | 19 | | AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' |
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19 | 20 | | RECOMMENDATIONS FOR REVISIONS TO STATUTES RELATING TO |
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20 | 21 | | CHILDREN. |
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21 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 23 | | Assembly convened: |
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23 | 24 | | |
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24 | 25 | | Section 1. Subsection (b) of section 17a-4 of the general statutes is 1 |
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25 | 26 | | repealed and the following is substituted in lieu thereof (Effective July 1, 2 |
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26 | 27 | | 2025): 3 |
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27 | 28 | | (b) The council shall meet quarterly, and more often upon the call of 4 |
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28 | 29 | | the chair or a majority of the members. The council's meetings shall be 5 |
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29 | 30 | | held at locations that facilitate participation by members of the public, 6 |
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30 | 31 | | and its agenda and minutes shall be posted on the department's Internet 7 |
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31 | 32 | | web site. A majority of the members in office, but not less than six 8 |
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32 | 33 | | members, shall constitute a quorum. The council shall have complete 9 |
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33 | 34 | | access to all records of the institutions and facilities of the department 10 |
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34 | 35 | | in furtherance of its duties, while at all times protecting the right of 11 |
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35 | 36 | | privacy of all individuals involved, as provided in section 17a-28, as 12 |
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36 | 37 | | amended by this act. 13 |
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41 | 44 | | |
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42 | 45 | | statutes is repealed and the following is substituted in lieu thereof 15 |
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43 | 46 | | (Effective July 1, 2025): 16 |
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44 | 47 | | (j) (1) Any person or individual aggrieved by a violation of subsection 17 |
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45 | 48 | | (b) or (d) of this section, subsections (f) to (h), inclusive, of this section 18 |
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46 | 49 | | or subsection (k) of this section, or a person's authorized representative, 19 |
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47 | 50 | | may seek judicial relief in the manner prescribed in section 52-146j. 20 |
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48 | 51 | | Sec. 3. Subdivision (4) of subsection (c) of section 17a-114 of the 21 |
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49 | 52 | | general statutes is repealed and the following is substituted in lieu 22 |
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50 | 53 | | thereof (Effective July 1, 2025): 23 |
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51 | 54 | | (4) Any such relative or fictive kin caregiver who accepts placement 24 |
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52 | 55 | | of a child shall be subject to licensure by the commissioner, pursuant to 25 |
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53 | 56 | | regulations adopted by the commissioner in accordance with the 26 |
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54 | 57 | | provisions of chapter 54, to implement the provisions of this section or 27 |
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55 | 58 | | approval by a child-placing agency licensed pursuant to section 17a-149. 28 |
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56 | 59 | | The commissioner may grant a waiver from such regulations, including 29 |
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57 | 60 | | any standard regarding separate bedrooms or room -sharing 30 |
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58 | 61 | | arrangements, for a child placed with a relative or fictive kin caregiver, 31 |
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59 | 62 | | on a case-by-case basis, if such placement is otherwise in the best 32 |
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60 | 63 | | interests of such child, provided no procedure or standard that is safety-33 |
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61 | 64 | | related may be so waived. The commissioner shall document, in writing, 34 |
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62 | 65 | | the reason for granting any waiver from such regulations. 35 |
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63 | 66 | | Sec. 4. Subdivision (5) of subsection (j) of section 46b-129 of the 36 |
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64 | 67 | | general statutes is repealed and the following is substituted in lieu 37 |
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65 | 68 | | thereof (Effective July 1, 2025): 38 |
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66 | 69 | | (5) The commissioner shall be the guardian of such child or youth for 39 |
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67 | 70 | | the duration of the commitment, provided the child or youth has not 40 |
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68 | 71 | | reached the age of eighteen years, or until another guardian has been 41 |
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69 | 72 | | legally appointed, and in like manner, upon such vesting of the care of 42 |
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70 | 73 | | such child or youth, such other public or private agency or individual 43 |
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71 | 74 | | shall be the guardian of such child or youth until such child or youth 44 |
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72 | 75 | | has reached the age of eighteen years or, in the case of a child or youth 45 |
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78 | 83 | | career school, a college or a state-accredited job training program, until 47 |
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79 | 84 | | such child or youth has reached the age of twenty-one years or until 48 |
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80 | 85 | | another guardian has been legally appointed. The commissioner may 49 |
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81 | 86 | | place any child or youth so committed to the commissioner in a suitable 50 |
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82 | 87 | | foster home or in the home of a fictive kin caregiver, relative caregiver, 51 |
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83 | 88 | | or in a licensed child-caring institution or in the care and custody of any 52 |
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84 | 89 | | accredited, licensed or approved child-caring agency, within or without 53 |
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85 | 90 | | the state, provided a child shall not be placed outside the state except 54 |
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86 | 91 | | for good cause and unless the [parents] parent or guardian of such child 55 |
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87 | 92 | | are notified in advance of such placement and given an opportunity to 56 |
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88 | 93 | | be heard, or in a receiving home maintained and operated by the 57 |
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89 | 94 | | commissioner. When placing such child or youth, the commissioner 58 |
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90 | 95 | | shall provide written notification of the placement, including the name, 59 |
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91 | 96 | | address and other relevant contact information relating to the 60 |
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92 | 97 | | placement, to any attorney or guardian ad litem appointed to represent 61 |
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93 | 98 | | the child or youth pursuant to subsection (c) of this section. The 62 |
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94 | 99 | | commissioner shall provide written notification to such attorney or 63 |
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95 | 100 | | guardian ad litem of any change in placement of such child or youth, 64 |
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96 | 101 | | including a hospitalization or respite placement, and if the child or 65 |
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97 | 102 | | youth absconds from care. The commissioner shall provide such written 66 |
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98 | 103 | | notification not later than ten business days prior to the date of change 67 |
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99 | 104 | | of placement in a nonemergency situation, or not later than two business 68 |
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100 | 105 | | days following the date of a change of placement in an emergency 69 |
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101 | 106 | | situation. In placing such child or youth, the commissioner shall, if 70 |
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102 | 107 | | possible, select a home, agency, institution or person of like religious 71 |
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103 | 108 | | faith to that of a parent of such child or youth, if such faith is known or 72 |
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104 | 109 | | may be ascertained by reasonable inquiry, provided such home 73 |
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105 | 110 | | conforms to the standards of the commissioner and the commissioner 74 |
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106 | 111 | | shall, when placing siblings, if possible, place such children together. At 75 |
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107 | 112 | | least ten days prior to transferring a child or youth to a second or 76 |
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108 | 113 | | subsequent placement, the commissioner shall give written notice to 77 |
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109 | 114 | | such child or youth and such child's or youth's attorney of said 78 |
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110 | 115 | | commissioner's intention to make such transfer, unless an emergency or 79 |
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117 | 124 | | Upon the issuance of an order committing the child or youth to the 82 |
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118 | 125 | | commissioner, or not later than sixty days after the issuance of such 83 |
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119 | 126 | | order, the court shall determine whether the department made 84 |
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120 | 127 | | reasonable efforts to keep the child or youth with his or her [parents] 85 |
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121 | 128 | | parent or guardian prior to the issuance of such order and, if such efforts 86 |
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122 | 129 | | were not made, whether such reasonable efforts were not possible, 87 |
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123 | 130 | | taking into consideration the child's or youth's best interests, including 88 |
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124 | 131 | | the child's or youth's health and safety. 89 |
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125 | 132 | | Sec. 5. Subsection (r) of section 46b-129 of the general statutes is 90 |
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126 | 133 | | repealed and the following is substituted in lieu thereof (Effective July 1, 91 |
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127 | 134 | | 2025): 92 |
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128 | 135 | | (r) The provisions of section 17a-152, regarding placement of a child 93 |
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129 | 136 | | or youth from another state, and section 17a-175, regarding the 94 |
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130 | 137 | | Interstate Compact on the Placement of Children, shall apply to 95 |
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131 | 138 | | placements pursuant to this section. In any proceeding under this 96 |
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132 | 139 | | section involving the placement of a child or youth in another state 97 |
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133 | 140 | | where the provisions of section 17a-175 are applicable, the court shall, 98 |
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134 | 141 | | before ordering or approving such placement, state for the record the 99 |
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135 | 142 | | court's finding concerning compliance with the provisions of section 100 |
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136 | 143 | | 17a-175. The court's statement shall include, but not be limited to: (1) A 101 |
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137 | 144 | | finding that the state has received notice in writing from the receiving 102 |
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138 | 145 | | state, in accordance with subsection (d) of Article III of section 17a-175, 103 |
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139 | 146 | | indicating that the proposed placement does not appear contrary to the 104 |
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140 | 147 | | interests of the child or youth, (2) the court has reviewed such notice, (3) 105 |
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141 | 148 | | whether or not an interstate compact study or other home study has 106 |
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142 | 149 | | been completed by the receiving state, and (4) if such a study has been 107 |
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143 | 150 | | completed, whether the conclusions reached by the receiving state as a 108 |
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144 | 151 | | result of such study support the placement. 109 |
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145 | 152 | | Sec. 6. Subsection (v) of section 46b-129 of the general statutes is 110 |
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146 | 153 | | repealed and the following is substituted in lieu thereof (Effective July 1, 111 |
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153 | 162 | | of protective supervision, the Department of Children and Families 114 |
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154 | 163 | | shall file with the court information concerning (1) whether the 115 |
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155 | 164 | | department has received or obtained the most up-to-date information 116 |
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156 | 165 | | concerning the child's medical, dental, developmental, educational and 117 |
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157 | 166 | | treatment needs from any relevant service providers; (2) whether the 118 |
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158 | 167 | | child has received services recommended by any such providers and a 119 |
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159 | 168 | | description of any concerns identified by such providers; (3) a 120 |
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160 | 169 | | description of (A) any new report alleging abuse or neglect pertaining 121 |
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161 | 170 | | to the child or a parent or guardian of the child received pursuant to 122 |
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162 | 171 | | section 17a-103a, (B) whether such report resulted in an investigation, 123 |
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163 | 172 | | and (C) the findings of any such investigation; (4) any new criminal 124 |
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164 | 173 | | charges pending against any such parent or guardian; and (5) for any 125 |
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165 | 174 | | child under three years of age, whether the child was screened for 126 |
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166 | 175 | | developmental and social-emotional delays pursuant to section 17a-127 |
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167 | 176 | | 106e, whether any such delays were identified and, if so, whether the 128 |
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168 | 177 | | child was referred to the birth-to-three program pursuant to said 129 |
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169 | 178 | | section. 130 |
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170 | 179 | | This act shall take effect as follows and shall amend the following |
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171 | 180 | | sections: |
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172 | 181 | | |
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173 | 182 | | Section 1 July 1, 2025 17a-4(b) |
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174 | 183 | | Sec. 2 July 1, 2025 17a-28(j)(1) |
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175 | 184 | | Sec. 3 July 1, 2025 17a-114(c)(4) |
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176 | 185 | | Sec. 4 July 1, 2025 46b-129(j)(5) |
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177 | 186 | | Sec. 5 July 1, 2025 46b-129(r) |
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178 | 187 | | Sec. 6 July 1, 2025 46b-129(v) |
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179 | 188 | | |
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