Sec. 17a-10c. Youth Advisory Board. Sibling Bill of Rights. Meeting between caseworker and child.
Sec. 17a-22gg. Home Visitation Program Consortium.
Sec. 17a-81. (Formerly Sec. 17-205h). Parental consent necessary for treatment. Exceptions.
Sec. 17a-6a. Commissioner to require applicants, vendors and contractors to submit to state and national criminal history records checks and state child abuse and neglect registry checks. Commissioner to comply with requests to check child abuse and neglect registry by child welfare agencies of other states. (a) The Commissioner of Children and Families shall (1) require each applicant for a position with the department to state in writing whether such person has ever been convicted of a crime or whether criminal charges are pending against such person at the time such person submits an application, and (2) require each applicant to submit to state and national criminal history records checks, in accordance with section 29-17a. The commissioner shall also check the state child abuse registry established pursuant to section 17a-101k for the name of such applicant.
(b) The Commissioner of Children and Families shall require each vendor or contractor of the department and each employee of such vendor or contractor that provides direct services to children or youths in the care and custody of the department or that has access to the department's records to submit to state and national criminal history records checks, in accordance with section 29-17a. The commissioner shall check the (1) state child abuse and neglect registry established pursuant to section 17a-101k for the name of such vendor or contractor and each employee of such vendor or contractor that provides direct services to children or youths in the care and custody of the department or has access to records of the department, and (2) child abuse and neglect registry in any state in which a vendor or contractor or employee of a vendor or contractor that provides direct services to children or youths in the care and custody of the department or has access to records of the department has resided in the preceding five years for the name of such vendor or contractor or employee. The commissioner shall comply with any request to check the child abuse and neglect registry established pursuant to section 17a-101k made by the child welfare agency of another state.
(P.A. 03-243, S. 6; P.A. 05-207, S. 5; P.A. 15-199, S. 16; P.A. 19-117, S. 157; 19-120, S. 3.)
History: P.A. 05-207 deleted requirement that commissioner check state child abuse registry for perpetrator information; P.A. 15-199 designated existing provisions re requirements for applicants as Subsec. (a) and added Subsec. (b) requiring vendors or contractors and their employees to submit to state and national criminal history records checks and state child abuse registry checks, effective July 1, 2015; P.A. 19-117 amended Subsec. (b) by designating existing provisions re commissioner to check state child abuse registry for name of vendor, contractor and employees of vendor or contractor as Subdiv. (1) and amending same by adding “and neglect” re registry, adding provisions re direct services to children or youths in care and custody of department and deleting “or clients”, and adding Subdiv. (2) re commissioner to check child abuse and neglect registry in any state in which vendor or contractor or employee of vendor or contractor has resided in preceding 5 years, adding provision re commissioner to comply with request to check registry made by child welfare agency of another state, and making technical changes, effective July 1, 2019; P.A. 19-120 made identical changes as P.A. 19-117, effective July 1, 2019.
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Sec. 17a-10c. Youth Advisory Board. Sibling Bill of Rights. Meeting between caseworker and child. (a) For purposes of this section, “Youth Advisory Board” means a board established by each Department of Children and Families regional office that is comprised of youth in out-of-home care.
(b) The Commissioner of Children and Families shall meet with the members of each Youth Advisory Board to gather recommendations for and to draft a “Sibling Bill of Rights”, which may include, but not be limited to, ways to protect the relationships of siblings separated as a result of said commissioner's intervention and an affirmation by the department of its commitment to preserve the relationships between siblings who have been separated from each other while under department care. On or before October 1, 2013, the commissioner and members of the Youth Advisory Boards shall submit the Sibling Bill of Rights to the joint standing committee of the General Assembly having cognizance of matters relating to children for consideration of possible legislative action.
(c) The Commissioner of Children and Families shall incorporate the final version of the Sibling Bill of Rights into department policy.
(d) On and after January 1, 2020, the caseworker of any child placed in an out-of-home placement by the Commissioner of Children and Families pursuant to an order of temporary custody or commitment shall meet in private with the child annually and any time the child is placed in a new out-of-home placement, provided the child is of an appropriate age. At such meeting, the caseworker shall, if applicable and appropriate: (1) Provide the child with a copy of the Sibling Bill of Rights, (2) review the Sibling Bill of Rights with the child, and (3) explain to the child that the child may contact the caseworker, the child's attorney, the Department of Children and Families regional office, the Department of Children and Families Office of the Ombudsman or the Office of the Child Advocate if the child feels that his or her rights under the Sibling Bill of Rights have been violated, and provide the child with contact information for such caseworker, such regional office, the Department of Children and Families Office of the Ombudsman and the Office of the Child Advocate. The caseworker shall certify to the commissioner on a form prescribed by the commissioner that such caseworker has complied with the provisions of this subsection. Such form shall include (A) an acknowledgment, for signature by the child, if appropriate, that such caseworker provided a copy of the Sibling Bill of Rights to the child and reviewed the Sibling Bill of Rights with the child, and (B) notice that, if the child refuses to sign such acknowledgment, such caseworker shall indicate on the form that the child refused to sign such acknowledgment.
(P.A. 12-71, S. 2; P.A. 16-28, S. 4; P.A. 19-44, S. 2.)
History: P.A. 12-71 effective June 6, 2012; P.A. 16-28 amended Subsec. (b) by making a technical change, effective May 17, 2016; P.A. 19-44 amended Subsec. (c) by deleting provision re commissioner to share policy with each child placed in care and custody of commissioner and added Subsec. (d) re private meeting between caseworker and child, providing child with Sibling Bill of Rights and certification of compliance, effective July 1, 2019.
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Sec. 17a-10e. Children in Care Bill of Rights and Expectations. Meeting between caseworker and child. (a) There is created a Children in Care Bill of Rights and Expectations, which shall pertain to each child placed in out-of-home care by the Commissioner of Children and Families pursuant to an order of temporary custody or commitment.
(b) The Children in Care Bill of Rights and Expectations ensures that, absent extraordinary circumstances related to a child's health or safety or unless otherwise indicated in a case plan prepared pursuant to section 17a-15 for a child, any child placed in out-of-home care by the Commissioner of Children and Families pursuant to an order of temporary custody or commitment has the right to:
(1) Develop and maintain the child's own values, hopes, goals, religion, spirituality and identity, including, but not limited to, racial, sexual and gender identity, in a safe and caring environment;
(2) Visitation or ongoing contact with the child's parents, siblings, extended family and friends, and assistance in connecting or reconnecting with the child's birth family if desired;
(3) Be placed in a safe environment in the child's home community and preplacement visits to such placement when possible;
(4) Meaningful participation in the development of the child's case plan pursuant to section 17a-15 and permanency plan pursuant to sections 17a-11, 17a-111b and 46b-129, including, but not limited to, the ability to participate in and select individuals of the child's choice to participate in meetings concerning such plans;
(5) Meaningful and regular in-person contact with the child's caseworker, who shall respond to the child's telephone calls and correspondence in a timely manner; and
(6) Stability and support in all aspects of the child's education.
(c) The Children in Care Bill of Rights and Expectations ensures that, absent extraordinary circumstances related to a child's health or safety or unless otherwise indicated in a child's case plan, the guardian or guardians of each child placed in out-of-home care by the Commissioner of Children and Families pursuant to an order of temporary custody or commitment shall:
(1) Maintain a healthy relationship with the child by emphasizing trust, understanding, empathy and communication;
(2) Set appropriate boundaries with respect to curfews, homework and household responsibilities in order to provide a stable living environment;
(3) Assist the child in building life skills, including, but not limited to, grocery shopping and cooking meals, personal financial management and washing laundry;
(4) Assist the child in obtaining legal documents and licenses, including, but not limited to, a birth certificate, Social Security card, state identification card and motor vehicle operator's license;
(5) Assist the child in participating in extracurricular and personal enrichment activities and obtaining networking and employment skills;
(6) Apply the same age-appropriate household rules and provide the same opportunities to all children residing in the home, including, but not limited to, participation in family activities and vacations;
(7) Participate in therapy sessions with the child upon request or when appropriate;
(8) Participate in additional foster parent training programs when possible; and
(9) Permit the child to have age-appropriate personal privacy and privacy with respect to personal items and communications, including, but not limited to, journals, diaries, letters, electronic mail, telephone calls and text messages.
(d) The caseworker of any child placed in an out-of-home placement by the Commissioner of Children and Families pursuant to an order of temporary custody or commitment shall meet in private with the child annually and any time the child is placed in a new out-of-home placement, provided the child is of an appropriate age. At such meeting, the caseworker shall: (1) Provide the child with a copy of the Children in Care Bill of Rights and Expectations, (2) review the Children in Care Bill of Rights and Expectations with the child, (3) explain to the child that the child may contact the caseworker, the child's attorney, the Department of Children and Families regional office, the Department of Children and Families Office of the Ombudsman or the Office of the Child Advocate if the child feels that his or her rights have been violated or expectations have not been met under the Children in Care Bill of Rights and Expectations, and provide the child with contact information for such caseworker, such regional office, the Department of Children and Families Office of the Ombudsman and the Office of the Child Advocate, and (4) explain to the child that if the child is in physical danger or experiences a medical emergency, the child may dial or send a text message to 9-1-1. The caseworker shall certify to the commissioner on a form prescribed by the commissioner that such caseworker has complied with the provisions of this subsection. Such form shall include (A) an acknowledgment, for signature by the child, if appropriate, that such caseworker provided a copy of the Children in Care Bill of Rights and Expectations to the child and reviewed the Children in Care Bill of Rights and Expectations with the child, and (B) notice that, if the child refuses to sign such acknowledgment, such caseworker shall indicate on the form that the child refused to sign such acknowledgment.
(P.A. 19-44, S. 1.)
History: P.A. 19-44 effective July 1, 2019.
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Sec. 17a-22ff. Children's Mental, Emotional and Behavioral Health Plan Implementation Advisory Board. (a) There is established a Children's Mental, Emotional and Behavioral Health Plan Implementation Advisory Board that shall advise (1) the Departments of Children and Families, Developmental Services, Social Services, Public Health, Mental Health and Addiction Services, and Education, the Insurance Department, the Offices of Early Childhood, the Child Advocate and the Healthcare Advocate, the Court Support Services Division of the Judicial Branch and the Commission on Women, Children, Seniors, Equity and Opportunity, (2) providers of mental, emotional or behavioral health services for children and families, (3) advocates, and (4) others interested in the well-being of children and families in the state regarding: (A) The execution of the comprehensive implementation plan developed pursuant to section 17a-22bb; (B) cataloging the mental, emotional and behavioral health services offered for families with children in the state by agency, service type and funding allocation to reflect capacity and utilization of services; (C) adopting standard definitions and measurements for the services that are delivered, when applicable; and (D) the collaboration of such agencies, providers, advocates and other stakeholders enumerated in said section in order to prevent or reduce the long-term negative impact of mental, emotional and behavioral health issues on children.
(b) The board shall consist of the following members:
(1) Eight appointed by the Commissioner of Children and Families, who shall represent families of children who have been diagnosed with mental, emotional or behavioral health issues;
(2) Two appointed by the Commissioner of Children and Families, who shall represent a private foundation providing mental, emotional or behavioral health care services for children and families in the state;
(3) Four appointed by the Commissioner of Children and Families, who shall be providers of mental, emotional or behavioral health care services for children in the state, at least one of whom shall be a provider of services to children involved with the juvenile justice system;
(4) Three appointed by the Commissioner of Children and Families, who shall represent private advocacy groups that provide services for children and families in the state;
(5) One appointed by the Commissioner of Children and Families, who shall represent the United Way of Connecticut 2-1-1 Infoline program;
(6) One appointed by the majority leader of the House of Representatives, who shall be a medical doctor representing the Connecticut Children's Medical Center Emergency Department;
(7) One appointed by the majority leader of the Senate, who shall be a superintendent of schools in the state;
(8) One appointed by the minority leader of the House of Representatives, who shall represent the Connecticut Behavioral Healthcare Partnership;
(9) One appointed by the minority leader of the Senate who shall represent the Connecticut Association of School-Based Health Centers;
(10) The Commissioner of Children and Families, or the commissioner's designee;
(11) The Commissioner of Developmental Services, or the commissioner's designee;
(12) The Commissioner of Social Services, or the commissioner's designee;
(13) The Commissioner of Public Health, or the commissioner's designee;
(14) The Commissioner of Mental Health and Addiction Services, or the commissioner's designee;
(15) The Commissioner of Education, or the commissioner's designee;
(16) The Commissioner of Early Childhood, or the commissioner's designee;
(17) The Insurance Commissioner, or the commissioner's designee;
(18) The executive director of the Court Support Services Division of the Judicial Branch, or the executive director's designee;
(19) The Child Advocate, or the Child Advocate's designee;
(20) The Healthcare Advocate, or the Healthcare Advocate's designee; and
(21) The executive director of the Commission on Women, Children, Seniors, Equity and Opportunity, or the executive director's designee.
(c) All appointments to the board shall be made not later than thirty days after July 1, 2015. All members shall serve an initial term of three years. Following the expiration of their initial terms, subsequent members appointed to the board shall serve two-year terms. Any vacancy shall be filled by the appointing authority not later than thirty calendar days after the appointment becomes vacant. Any member previously appointed to the board may be reappointed.
(d) The Commissioner of Children and Families shall select two chairpersons of the board from among the members of the board. Such chairpersons shall schedule the first meeting of the board, which shall be held not later than sixty days after July 1, 2015. The board shall meet at least quarterly.
(e) Each member shall be entitled to one vote on the board. A majority of the board shall constitute a quorum for the transaction of any business, the exercise of any power or the performance of any duty authorized or imposed by law.
(f) Not later than October 1, 2018, and annually thereafter, the board shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to children. Such report shall detail (1) the status of the execution of the implementation plan, (2) the level of collaboration among the agencies and stakeholders involved in the execution of the implementation plan, (3) any recommendations for improvements in the execution of the implementation plan or the collaboration among such agencies and stakeholders, and (4) any additional information the board deems necessary and relevant to prevent or reduce the long-term negative impact of mental, emotional and behavioral health issues on children.
(P.A. 15-27, S. 1; May Sp. Sess. P.A. 16-3, S. 146; June Sp. Sess. P.A. 17-2, S. 144; P.A. 18-67, S. 2; P.A. 19-117, S. 119.)
History: P.A. 15-27 effective July 1, 2015; May Sp. Sess. P.A. 16-3 amended Subsecs. (a)(1) and (b)(21) by replacing “Commission on Children” with “Commission on Women, Children and Seniors”, effective July 1, 2016; June Sp. Sess. P.A. 17-2 added provider of services to children involved with the juvenile justice system as member in Subsec. (b)(3), effective October 31, 2017; P.A. 18-67 amended Subsec. (f) by replacing “September 15, 2016” with “October 1, 2018”, effective July 1, 2018; P.A. 19-117 amended Subsecs. (a)(1) and (b)(21) by replacing “Commission on Women, Children and Seniors” with “Commission on Women, Children, Seniors, Equity and Opportunity”, effective July 1, 2019.
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Sec. 17a-22gg. Home Visitation Program Consortium. (a) There is established a Home Visitation Program Consortium that shall advise the Office of Early Childhood, Department of Children and Families, Department of Developmental Services and the Department of Education regarding the implementation of the recommendations for the coordination of home visitation programs within the early childhood system provided to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, human services, education and children pursuant to section 17a-22dd.
(b) The consortium shall consist of the following members:
(1) Four representing families who are receiving services or have received services within the last five years from one or more home visitation programs in the state;
(2) Not more than ten representing home visitation programs in the state, at least four of whom shall utilize different home visitation models;
(3) Two representing private advocacy organizations that provide services for children and families in the state;
(4) One representing the United Way of Connecticut 2-1-1 Infoline program;
(5) One representing the birth-to-three program established under section 17a-248b;
(6) The director of the Connecticut Head Start State Collaboration Office, or the director's designee;
(7) The Commissioner of Early Childhood, or the commissioner's designee;
(8) The Commissioner of Children and Families, or the commissioner's designee;
(9) The Commissioner of Developmental Services, or the commissioner's designee;
(10) The Commissioner of Education, or the commissioner's designee;
(11) The Commissioner of Mental Health and Addiction Services, or the commissioner's designee;
(12) The Commissioner of Public Health, or the commissioner's designee;
(13) The Child Advocate, or the Child Advocate's designee;
(14) The executive director of the Commission on Women, Children, Seniors, Equity and Opportunity, or the executive director's designee; and
(15) The director of the Maternal, Infant Early Childhood Home Visiting program in the state, or the director's designee.
(c) The Commissioner of Early Childhood shall appoint the members of the consortium listed under subdivisions (1) to (5), inclusive, of subsection (b) of this section. The remaining members shall serve as ex-officio members of the consortium.
(d) All appointments to the consortium shall be made not later than thirty days after June 5, 2015. All members appointed under subdivisions (1), (3) and (5) of subsection (b) of this section shall serve an initial term of three years. All members appointed under subdivisions (2) and (4) of subsection (b) of this section shall serve an initial term of two years. Following the expiration of their initial terms, subsequent members appointed to the consortium shall serve two-year terms. Any vacancy shall be filled by the Commissioner of Early Childhood not later than thirty calendar days after the appointment becomes vacant. Any member previously appointed to the consortium may be reappointed.
(e) The Commissioner of Early Childhood shall select two chairpersons of the consortium from among the members of the consortium. Such chairpersons shall schedule the first meeting of the consortium, which shall be held not later than sixty days after June 5, 2015. The consortium shall meet at least quarterly.
(f) Each member shall be entitled to one vote on the consortium. A majority of the consortium shall constitute a quorum for the transaction of any business, the exercise of any power or the performance of any duty authorized or imposed by law.
(g) The staff of the Office of Early Childhood shall serve as administrative staff of the consortium.
(h) Not later than September 15, 2016, and annually thereafter, the consortium shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to children. Such report shall include (1) the status of the implementation of the recommendations for the coordination of home visitation programs within the early childhood system provided pursuant to section 17a-22dd, (2) the level of collaboration among home visitation programs in the state, (3) any recommendations for improvements in the collaboration among home visitation providers and other stakeholders, and (4) any additional information that the consortium deems necessary and relevant to improve the provision of home visitation services in the state.
(P.A. 15-45, S. 1; P.A. 16-100, S. 5; May Sp. Sess. P.A. 16-3, S. 147; P.A. 19-117, S. 120.)
History: P.A. 15-45 effective June 5, 2015; P.A. 16-100 amended Subsec. (b) by replacing “eight” with “ten” in Subdiv. (2) and adding Subdiv. (15) re director of Maternal, Infant Early Childhood Home Visiting program, effective June 2, 2016; May Sp. Sess. P.A. 16-3 amended Subsec. (b)(14) by replacing “Commission on Children” with “Commission on Women, Children and Seniors”, effective July 1, 2016; P.A. 19-117 amended Subsec. (b)(14) by replacing “Commission on Women, Children and Seniors” with “Commission on Women, Children, Seniors, Equity and Opportunity”, effective July 1, 2019.
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Sec. 17a-62. Commissioner of Children and Families to monitor certain at-risk children and youth. Annual report to General Assembly. Section 17a-62 is repealed, effective July 1, 2019.
(P.A. 09-96, S. 1; P.A. 11-240, S. 4; P.A. 14-122, S. 27; P.A. 16-28, S. 6; P.A. 19-120, S. 6.)
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Sec. 17a-81. (Formerly Sec. 17-205h). Parental consent necessary for treatment. Exceptions. (a) Parental consent shall be necessary for treatment. In the event such consent is withheld or immediately unavailable and the physician or advanced practice registered nurse certified as a psychiatric mental health provider by the American Nurses Credentialing Center concludes that treatment is necessary to prevent serious harm to the child, such emergency treatment may be administered pending receipt of parental consent.
(b) Involuntary patients may receive medication and treatment without their consent, or the consent of their parents, but no medical or surgical procedures may be performed without the written informed consent of: (1) The child's parent, if he or she has one; or (2) such child's next of kin; or (3) a qualified physician appointed by a judge of the Probate Court who signed the order of hospitalization, except in accordance with subsection (c) of this section.
(c) If the head of a hospital, in consultation with a physician, determines that the condition of a child, whether a voluntary or involuntary patient, is of an extremely critical nature, then emergency measures may be taken without the consent otherwise provided for in this section.
(P.A. 79-511, S. 7; P.A. 19-98, S. 1.)
History: Sec. 17-205h transferred to Sec. 17a-81 in 1991; P.A. 19-98 amended Subsec. (a) by adding “or advanced practice registered nurse certified as a psychiatric mental health provider by the American Nurses Credentialing Center”.
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