Chapter 319a - Child Welfare

Sec. 17a-91. (Formerly Sec. 17-32b). Commissioner of Children and Families' report on children committed to him and establishment of central registry and monitoring system. Section 17a-91 is repealed, effective July 1, 2011.

(P.A. 73-156, S. 23; P.A. 75-420, S. 4, 6; P.A. 76-435, S. 30, 82; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 52, 111; P.A. 82-314, S. 60, 63; P.A. 93-91, S. 1, 2; P.A. 99-166, S. 3; P.A. 06-102, S. 4; P.A. 11-105, S. 11.)

Sec. 17a-91a. Monthly report on number of children in custody of department in subacute care who cannot be discharged. Section 17a-91a is repealed, effective July 1, 2009.

(P.A. 99-279, S. 2, 45; P.A. 09-205, S. 12.)

Sec. 17a-92. (Formerly Sec. 17-32c). Transfer of court wards to guardianship of Commissioner of Children and Families: Delegation of powers, duties and functions. Effective at 12:01 a.m., April 1, 1975, the Commissioner of Children and Families shall assume, and the Commissioner of Social Services shall cease to have guardianship, as defined in subsection (a) of section 17a-90, over all children who on that date, by virtue of any order of the Juvenile Court or Superior Court, are wards of or committed to the state of Connecticut or the Commissioner of Social Services. The Commissioner of Children and Families shall thereupon assume all liability and responsibility for such children, and exercise such powers, duties and functions regarding such children, as the Commissioner of Social Services in his or her capacity as guardian may now or hereafter have, except to the extent that the federal government may require that any responsibility for children be retained by the Commissioner of Social Services as a prerequisite to federal reimbursement of state expenditures for such children under Title IV-A and B of the Social Security Act. The Commissioner of Children and Families may delegate any power, duty or function regarding such children, except for consent for adoption, marriage and joining of the armed services and except to the extent that the federal government may require that any responsibility for children be retained by said commissioner as a prerequisite to federal reimbursement of state expenditures for such children.

(P.A. 74-251, S. 2; P.A. 75-544; P.A. 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-483, S. 155, 186; P.A. 93-91, S. 1, 2; P.A. 16-28, S. 25.)

History: P.A. 75-544 allowed commissioner to delegate power, duty or function relative to children in his care within limitations described in provision; P.A. 77-614 and P.A. 78-303 required change of reference from welfare commissioner to commissioner of human resources but change not enacted because of dated provision; P.A. 80-483 added reference to superior court; Sec. 17-32c transferred to Sec. 17a-92 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 16-28 made a technical change.

Annotation to former section 17-32c:

Designated representative as party to proceedings and sequestration as a witness discussed. 22 CA 656.

Annotation to present section:

Cited. 33 CA 673.

Sec. 17a-93. (Formerly Sec. 17-32d). Definitions. As used in sections 17a-90 to 17a-121a, inclusive, section 17a-132 and sections 17a-145 to 17a-153, inclusive:

(1) “Child” means any person under eighteen years of age, except as otherwise specified, or any person under twenty-one years of age who is in full-time attendance in a secondary school, a technical school, a college or a state-accredited job training program;

(2) “Parent” means natural or adoptive parent;

(3) “Adoption” means the establishment by court order of the legal relationship of parent and child;

(4) “Guardianship” means guardianship, unless otherwise specified, of the person of a minor and refers to the obligation of care and control, the right to custody and the duty and authority to make major decisions affecting such minor's welfare, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment;

(5) “Termination of parental rights” means the complete severance by court order of the legal relationship, with all its rights and responsibilities, between the child and the child's parent or parents so that the child is free for adoption except it shall not affect the right of inheritance of such child or the religious affiliation of such child;

(6) “Statutory parent” means the Commissioner of Children and Families or that child-placing agency appointed by the court for the purpose of giving a minor child or minor children in adoption;

(7) “Child-placing agency” means any agency within or without the state of Connecticut licensed or approved by the Commissioner of Children and Families in accordance with sections 17a-149 and 17a-151, and in accordance with such standards which shall be established by regulations of the Department of Children and Families;

(8) “Child care facility” means a congregate residential setting licensed by the Department of Children and Families for the out-of-home placement of (A) children or youths under eighteen years of age, or (B) any person under twenty-one years of age who is in full-time attendance in a secondary school, a technical school, a college or state accredited job training program or is currently homeless or at risk of homelessness, as defined in section 17a-484a;

(9) “Protective supervision” means a status created by court order following adjudication of neglect whereby a child's place of abode is not changed but assistance directed at correcting the neglect is provided at the request of the court through the Department of Children and Families or such other social agency as the court may specify;

(10) “Receiving home” means a facility operated by the Department of Children and Families to receive and temporarily care for children in the guardianship or care of the commissioner;

(11) “Protective services” means public welfare services provided after complaints of abuse, neglect or abandonment, but in the absence of an adjudication or assumption of jurisdiction by a court;

(12) “Person responsible for the health, welfare or care of a child or youth” means a child's or a youth's parent, guardian or foster parent; an employee of a public or private residential home, agency or institution or other person legally responsible in a residential setting; or any staff person providing out-of-home care, such as the provision of child care services, as described in section 19a-77, in a child care center, group child care home or family child care home;

(13) “Foster family” means a person or persons, licensed by the Department of Children and Families or approved by a licensed child-placing agency, for the care of a child or children in a private home;

(14) “Prospective adoptive family” means a person or persons, licensed by the Department of Children and Families or approved by a licensed child-placing agency, who is awaiting the placement of, or who has a child or children placed in their home for the purposes of adoption;

(15) “Person entrusted with the care of a child or youth” means a person given access to a child or youth by a person responsible for the health, welfare or care of a child or youth for the purpose of providing education, child care, counseling, spiritual guidance, coaching, training, instruction, tutoring or mentoring of such child or youth;

(16) “Qualified residential treatment program” has the same meaning as provided in the Social Security Act, 42 USC 672(k)(4), as amended from time to time; and

(17) “Qualified individual” has the same meaning as provided in the Social Security Act, 42 USC 675a(c)(1), as amended from time to time.

(P.A. 75-420, S. 4, 6; 75-567, S. 39, 80; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 53, 111; P.A. 90-53; P.A. 92-14, S. 2; P.A. 93-91, S. 1, 2; P.A. 95-349, S. 2; P.A. 02-138, S. 11; P.A. 05-280, S. 43; P.A. 06-196, S. 122; P.A. 12-201, S. 1; P.A. 13-40, S. 3; P.A. 15-14, S. 19; 15-51, S. 1; P.A. 16-28, S. 26; 16-121, S. 1; 16-163, S. 4; P.A. 21-140, S. 6.)

History: P.A. 75-420 allowed substitution of commissioner and department of social services for welfare commissioner and department in section created by P.A. 75-567; P.A. 77-614 replaced commissioner and department of social services with commissioner and department of human resources, effective January 1, 1979; P.A. 79-631 replaced commissioner and department of human resources with commissioner and department of children and youth services; P.A. 90-53 added Subdiv. (l) defining “person responsible for the health, welfare or care of a child or youth”; Sec. 17-32d transferred to Sec. 17a-93 in 1991; P.A. 92-14 amended Subsec. (l) by adding the words “center-based” and “as defined in section 19a-77”; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-349 amended Subsec. (h) by replacing “child care agency” definition with “child care facility” definition and added Subsecs. (m) and (n), defining “foster family” and “prospective adoptive family”; P.A. 02-138 added Subsec. (o) defining “person entrusted with the care of a child or youth”; P.A. 05-280 amended Subsec. (h) by redefining “child care facility” to include certain out-of-home placements providing educational or vocational programs to persons under 21 years of age, effective July 13, 2005; P.A. 06-196 made a technical change in Subdiv. (h), effective June 7, 2006; P.A. 12-201 amended Subdiv. (h) by redefining “child care facility”; P.A. 13-40 replaced reference to Sec. 17a-152 with reference to Secs. 17a-145 to 17a-153 and redesignated existing Subdivs. (a) to (o) as Subdivs. (1) to (15); P.A. 15-14 replaced “17a-124” with “17a-121a” in introductory language and made a technical change; P.A. 15-51 amended Subdiv. (13) by deleting “or certified”; P.A. 16-28 amended Subdiv. (5) by making a technical change; P.A. 16-121 amended Subdiv. (8) by designating existing provision re children or youths under age 18 as Subpara. (A), designating existing provision re person under age 21 as Subpara. (B) and amending same to add reference to person currently homeless or at risk of homelessness, effective June 7, 2016; P.A. 16-163 amended Subdiv. (12) by replacing “including center-based child day care, family day care or group day care, as defined in section 19a-77” with “such as the provision of child care services, as described in section 19a-77, in a child care center, group child care home or family child care home”, effective June 9, 2016; P.A. 21-140 defined “qualified residential treatment program” and “qualified individual”, effective July 7, 2021.

Annotations to former section 17-32d:

Cited. 196 C. 18; 211 C. 121.

Cited. 13 CA 91.

Annotations to present section:

Cited. 238 C. 146.

Cited. 25 CA 536; 33 CA 673; 45 CA 606; 46 CA 69.

Cited. 43 CS 108.

Sec. 17a-94. (Formerly Sec. 17-34). Establishment of receiving homes. The Commissioner of Children and Families may establish, maintain and operate, throughout the state, at such locations as the commissioner finds suitable, receiving homes for children in his or her guardianship or care. For such purposes the commissioner may purchase, lease, hold, sell or convey real and personal property, subject to the provisions of section 4b-21, and contract for the operation and maintenance of such receiving homes with any nonprofit group or organization. Said contract may include administrative, managerial and custodial services. The expense of obtaining and maintaining the same shall be paid out of the appropriation for the Department of Children and Families. The commissioner may, subject to the provisions of chapter 67, appoint such supervisory and other personnel as the commissioner finds necessary for the management of such homes. The maximum charge to be made for care of children in such homes shall be the same as the charge for care of patients in state humane institutions.

(1955, S. 1463d; 1959, P.A. 31; February, 1965, P.A. 488, S. 5; 1971, P.A. 260; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 54, 111; P.A. 93-91, S. 1, 2; P.A. 96-180, S. 45, 166; P.A. 16-28, S. 27.)

History: 1959 act added provision re maximum charge; 1965 act changed “shall” to “may” and “the care of committed children and other children who require the care and protection of the state” to “children in his guardianship or care”; 1971 act added provisions re contracts with nonprofit groups or organizations for operation of receiving homes; P.A. 75-420 replaced welfare department with department of social services; P.A. 77-614 replaced department of social services with department of human resources, effective January 1, 1979; P.A. 79-631 replaced department of human resources with department of children and youth services; Sec. 17-34 transferred to Sec. 17a-94 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-180 made a technical correction, effective June 3, 1996; P.A. 16-28 made technical changes.

See Sec. 17b-223 re support in humane institutions.

Sec. 17a-95. (Formerly Sec. 17-35). Religious and moral instruction. Equal privileges shall be granted to clergymen of all religious denominations to impart religious instruction to the children residing in receiving homes maintained and operated by the Commissioner of Children and Families, and every reasonable opportunity shall be allowed such clergymen to give religious and moral instruction to such children as belong to their respective faiths. The Commissioner of Children and Families shall prescribe reasonable times and places when and where such instruction may be given.

(1949 Rev., S. 2838; 1955, S. 1471d; February, 1965, P.A. 488, S. 4; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 55, 111; P.A. 93-91, S. 1, 2.)

History: 1965 act changed “denominations” to “faiths”; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced commissioner of human resources with commissioner of children and youth services; Sec. 17-35 transferred to Sec. 17a-95 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993.

Annotation to former section 17-35:

Cited. 110 C. 479.

Sec. 17a-96. (Formerly Sec. 17-36). Custodians of children to file reports. Placing of children in foster homes. The institutions having custody of such children and the agencies and persons licensed by authority of sections 17a-90 to 17a-124, inclusive, 17a-145 to 17a-153, inclusive, 17a-175 to 17a-182, inclusive, and 17a-185 shall make such reports to the Commissioner of Children and Families at such reasonable times and in such form and covering such data as the commissioner directs. The commissioner and the commissioner's deputy and agents shall supervise the placing of such children in foster homes. The commissioner may place children who have not been properly placed in homes suitable for their care and protection. In placing any child in a foster home, the commissioner shall, if practicable, select a home of like religious faith to that of the parent or parents of such child, if such faith is known or ascertainable by the exercise of reasonable care.

(1949 Rev., S. 2631; 1955, S. 1466d; P.A. 96-180, S. 46, 166; P.A. 03-255, S. 3; P.A. 13-40, S. 6; P.A 16-28, S. 28.)

History: Sec. 17-36 transferred to Sec. 17a-96 in 1991; P.A. 96-180 made technical corrections, effective June 3, 1996; P.A. 03-255 deleted reference to Secs. 46b-151 to 46b-151g, inclusive, effective July 1, 2004, or upon enactment of the Interstate Compact for Juveniles by thirty-five jurisdictions, whichever is later; Illinois became the thirty-fifth enacting jurisdiction on August 26, 2008 (Revisor's note: In 2009, a reference to “and 17a-175 to 17a-182, inclusive, 17a-185” was changed editorially by the Revisors to “17a-175 to 17a-182, inclusive, and 17a-185” for clarity and proper form); P.A. 13-40 replaced “17a-145 to 17a-155, inclusive” with “17a-145 to 17a-153, inclusive”; P.A. 16-28 made a technical change.

Annotation to former section 17-36:

Cited. 215 C. 31.

Sec. 17a-97. (Formerly Sec. 17-36a). Foster parent families. Section 17a-97 is repealed.

(1971, P.A. 833, S. 1–3; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 56, 111; P.A. 84-546, S. 52, 173; P.A. 93-91, S. 1, 2; P.A. 96-194, S. 13.)

Sec. 17a-98. (Formerly Sec. 17-37). Supervision of children under guardianship or care of commissioner. The Commissioner of Children and Families, or any agent appointed by said commissioner, shall exercise careful supervision of each child under said commissioner's guardianship or care and shall maintain such contact with the child and the child's foster family as is necessary to promote the child's safety and physical, educational, moral and emotional development, including, but not limited to, visiting each foster home at least once every sixty days. The commissioner shall maintain such records and accounts as may be necessary for the proper supervision of all children under said commissioner's guardianship or care.

(1949 Rev., S. 2632; 1955, S. 1467d; 1961, P.A. 341; February, 1965, P.A. 488, S. 8; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 57, 111; P.A. 93-91, S. 1, 2; P.A. 96-194, S. 2; P.A. 12-58, S. 1.)

History: 1961 act added specifications re supervision of and visitation and consultation with each child and written report requirement detailing status, vital statistics and conclusions from visits and deleted written report requirement re home condition and child care; 1965 act deleted material added in 1961 and added guardianship or care characterization, contact maintenance requirement and requirement that records and accounts necessary for proper supervision of child be kept; P.A. 75-420 replaced welfare commissioner with social services commissioner; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced human resources commissioner with commissioner of children and youth services; Sec. 17-37 transferred to Sec. 17a-98 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-194 changed “foster parents” to “foster family” and made a technical correction; P.A. 12-58 added provision re visit to each foster home at least once every 60 days and made technical changes.

Annotation to former section 17-37:

Cited. 215 C. 31.

Annotation to present section:

Cited. 238 C. 146.

Sec. 17a-98a. Kinship navigator program. The Department of Children and Families, in consultation with the Departments of Social Services, Mental Health and Addiction Services and Developmental Services, shall establish, within available appropriations, a kinship navigator program. Such program shall ensure that: (1) When the Department of Children and Families determines that it is in the best interest of the child to be placed with a relative for foster care, the department informs the relative regarding procedures to become licensed as a foster parent, and (2) grandparents and other relatives caring for a minor child are provided with information on the array of state services and benefits for which they may be eligible, including the subsidy program established pursuant to section 17a-126. The Commissioner of Children and Families shall, within available appropriations, ensure that information on the array of services available under the kinship navigator program is accessible through the 2-1-1 Infoline program.

(P.A. 03-42, S. 1; P.A. 06-182, S. 2; P.A. 07-73, S. 2(a); 07-174, S. 2; P.A. 11-105, S. 1.)

History: P.A. 06-182 designated existing provisions as Subsec. (a) and amended same to change program name from “kinship foster care program” to “kinship navigator program”, add consultative role for Departments of Social Services, Mental Health and Addiction Services and Mental Retardation in establishment of program, and require that program ensure grandparents and other relatives are provided with information on array of state services for which they may be eligible and that information is accessible through 2-1-1 Infoline program, and added Subsec. (b) requiring Commissioner of Children and Families to report annually on program to the joint standing committee of the General Assembly having cognizance of matters relating to human services; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; P.A. 07-174 amended Subsec. (a)(2) to delete “related to such persons” and change “child” to “minor child”; P.A. 11-105 deleted former Subsec. (b) re annual report and made a conforming change, effective July 1, 2011.

Sec. 17a-98b. Visit to family home of child with behavioral health needs. Not later than sixty days after a child or youth with behavioral health needs, as defined in section 17a-1, is placed in the care and custody of the Commissioner of Children and Families, said commissioner shall visit the family home or homes of such child or youth. The commissioner shall conduct such visit for the purpose of assessing potential causes of such child's or youth's behavioral health needs, including, but not limited to, genetic and familial factors, and determining the resources needed to best treat such child or youth.

(P.A. 12-58, S. 2.)

Sec. 17a-98c. Written special requests from foster families to the department. The Department of Children and Families shall prescribe a form for foster families to use when submitting written special requests to the department including, but not limited to, requests to allow a foster child to travel overnight and out-of-state with such child's foster family. The department shall respond to such written requests not later than five business days after the request is received by the department. If the department fails to respond within such time period, such request shall be deemed approved.

(P.A. 12-58, S. 3.)

Sec. 17a-99. (Formerly Sec. 17-37a). Delegation of guardianship authority. The Commissioner of Children and Families may delegate to a deputy commissioner the commissioner's authority as guardian of children committed to the commissioner by the Superior Court, or whose guardianship is transferred to the commissioner by a court of probate, and the signature of either official on any document pertaining to any such guardianship shall be valid.

(P.A. 73-489; P.A. 74-251, S. 19; P.A. 75-420, S. 4, 6; P.A. 76-436, S. 585, 681; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 58, 111; P.A. 93-91, S. 1, 2; P.A. 16-28, S. 29.)

History: P.A. 74-251 added clause covering transfer of authority from welfare commissioner to commissioner of children and youth services; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 76-436 deleted reference implying transfer of authority after April 1, 1975, and replaced juvenile court with superior court, effective July 1, 1978; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 deleted reference to human resources commissioner; Sec. 17-37a transferred to Sec. 17a-99 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 16-28 made technical changes.

Sec. 17a-100. (Formerly Sec. 17-38). Ill treatment of children. Whenever it is found that any child is not properly treated in any foster family or that any such foster family is not a suitable one and is of such character as to jeopardize the welfare of any child so placed therein, the Commissioner of Children and Families, upon being satisfied of the ill treatment of the child or the unsuitableness of the foster family, shall remove the child from such foster family and take such further action as is necessary to secure the welfare of the child.

(1949 Rev., S. 2633; 1955, S. 1468d; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 59, 111; P.A. 93-91, S. 1, 2; P.A. 96-194, S. 3.)

No statutory provision for hearing prior to removal and, therefore, case was not a “contested case” for purposes of appellate rights under Uniform Administrative Procedure Act. 68 CA 223.

Sec. 17a-100a. Reporting of neglected or cruelly treated animals. Training program. (a) Any employee of the Department of Children and Families who, in the course of his or her employment, has reasonable cause to suspect that an animal is being or has been harmed, neglected or treated cruelly in violation of section 53-247 shall make a written report to the Commissioner of Agriculture in accordance with subsection (b) of this section.

(b) A report made pursuant to subsection (a) of this section shall be made as soon as practicable, but not later than forty-eight hours after the employee has reasonable cause to suspect that an animal has been harmed, neglected or treated cruelly, and shall contain the following, if known: (1) The address where the animal was observed and the name and address of the owner or other person responsible for care of the animal; (2) the name and a description of the animal; (3) the nature and extent of the harm to, neglect of or cruelty to the animal; and (4) the approximate date and time such harm, neglect or cruelty was suspected.

(c) Not later than October 1, 2012, and annually thereafter, the Commissioner of Children and Families, in consultation with the Commissioner of Agriculture and within available appropriations, shall develop and implement training for Department of Children and Families employees concerning the identification of harm to, neglect of and cruelty to animals and its relationship to child welfare case practice.

(P.A. 11-194, S. 3; P.A. 14-70, S. 3; 14-122, S. 32.)

History: P.A. 14-70 amended Subsec. (a) by replacing “an oral” with “a written” re report to commissioner; P.A. 14-122 made technical changes in Subsecs. (b) and (c).

Sec. 17a-100b. Training program for animal control officers to identify and report child abuse and neglect. The Commissioner of Children and Families shall, within available appropriations, make available to all animal control officers training concerning the accurate and prompt identification and reporting of child abuse and neglect.

(P.A. 11-194, S. 4.)

Sec. 17a-100c. Annual report re actual or suspected instances of animal neglect or cruelty. Not later than February 15, 2018, and annually thereafter, the Commissioners of Children and Families and Agriculture shall, in accordance with section 11-4a, report to the joint standing committee of the General Assembly having cognizance of matters relating to children on the number of written reports regarding actual or suspected instances of animal neglect or cruelty received from employees of the Department of Children and Families pursuant to section 17a-100a and from animal control officers pursuant to section 22-329b.

(P.A. 14-70, S. 4; P.A. 17-19, S. 1.)

History: P.A. 17-19 replaced “January 1, 2015” with “February 15, 2018”, effective July 1, 2017.

Sec. 17a-101. (Formerly Sec. 17-38a). Protection of children from abuse. Mandated reporters. Educational and training programs. Model mandated reporting policy. (a) The public policy of this state is: To protect children whose health and welfare may be adversely affected through injury and neglect; to strengthen the family and to make the home safe for children by enhancing the parental capacity for good child care; to provide a temporary or permanent nurturing and safe environment for children when necessary; and for these purposes to require the reporting of suspected child abuse or neglect, investigation of such reports by a social agency, and provision of services, where needed, to such child and family.

(b) The following persons shall be mandated reporters: (1) Any physician or surgeon licensed under the provisions of chapter 370, (2) any resident physician or intern in any hospital in this state, whether or not so licensed, (3) any registered nurse, (4) any licensed practical nurse, (5) any medical examiner, (6) any dentist, (7) any dental hygienist, (8) any psychologist, (9) any school employee, as defined in section 53a-65, (10) any social worker, (11) any person who holds or is issued a coaching permit by the State Board of Education, is a coach of intramural or interscholastic athletics and is eighteen years of age or older, (12) any individual who is employed as a coach or director of youth athletics and is eighteen years of age or older, (13) any individual who is employed as a coach or director of a private youth sports organization, league or team and is eighteen years of age or older, (14) any paid administrator, faculty, staff, athletic director, athletic coach or athletic trainer employed by a public or private institution of higher education who is eighteen years of age or older, excluding student employees, (15) any police officer, (16) any juvenile or adult probation officer, (17) any juvenile or adult parole officer, (18) any member of the clergy, (19) any pharmacist, (20) any physical therapist, (21) any optometrist, (22) any chiropractor, (23) any podiatrist, (24) any mental health professional, (25) any physician assistant, (26) any person who is a licensed or certified emergency medical services provider, (27) any person who is a licensed or certified alcohol and drug counselor, (28) any person who is a licensed marital and family therapist, (29) any person who is a sexual assault counselor or a domestic violence counselor, as defined in section 52-146k, (30) any person who is a licensed professional counselor, (31) any person who is a licensed foster parent, (32) any person paid to care for a child in any public or private facility, child care center, group child care home or family child care home licensed by the state, (33) any employee of the Department of Children and Families or any person who, in the performance of such person's duties, has regular contact with and provides services to or on behalf of children pursuant to a contract with or credential issued by the Department of Children and Families, (34) any employee of the Office of Early Childhood who is responsible for the licensing of child care centers, group child care homes, family child care homes or youth camps, (35) any paid youth camp director, assistant director and staff member who is twenty-one years of age or older, (36) the Child Advocate and any employee of the Office of the Child Advocate, (37) any person who is a licensed behavior analyst, (38) any family relations counselor, family relations counselor trainee or family services supervisor employed by the Judicial Department, (39) any victim services advocate employed by the Office of Victim Services within the Judicial Department, (40) any employee of a juvenile justice program operated by or pursuant to a contract with the Court Support Services Division of the Judicial Department, and (41) any person employed, including any person employed under contract and any independent ombudsperson, to work at a juvenile detention facility or any other facility where children under eighteen years of age are detained and who has direct contact with children as part of such employment.

(c) The Commissioner of Children and Families shall develop an educational training program and refresher training program for the accurate and prompt identification and reporting of child abuse and neglect. Such training program and refresher training program shall be made available to all persons mandated to report child abuse and neglect at various times and locations throughout the state as determined by the Commissioner of Children and Families. Such training program and refresher training program shall be provided in accordance with the provisions of subsection (g) of section 17a-101i to each school employee, as defined in section 53a-65, within available appropriations.

(d) The Department of Children and Families, in consultation with the Department of Education, shall develop a model mandated reporting policy for use by local and regional boards of education. Such policy shall state applicable state law regarding mandated reporting and any relevant information that may assist school districts in the performance of mandated reporting. Such policy shall include, but not be limited to, the following information: (1) Those persons employed by the local or regional board of education who are required pursuant to this section to be mandated reporters, (2) the type of information that is to be reported, (3) the time frame for both written and verbal mandated reports, (4) a statement that the school district may conduct its own investigation into an allegation of abuse or neglect by a school employee, provided such investigation does not impede an investigation by the Department of Children and Families, and (5) a statement that retaliation against mandated reporters is prohibited. Such policy shall be updated and revised as necessary.

(February, 1965, P.A. 580, S. 1–3; 1967, P.A. 317; 1969, P.A. 25; 1971, P.A. 216; P.A. 73-205, S. 1; P.A. 74-293, S. 1–3; P.A. 75-270; 75-384, S. 1–6, 9; 75-420, S. 4, 6; P.A. 76-27, S. 1, 2; 76-436, S. 586, 681; P.A. 77-308, S. 1, 4; 77-614, S. 486, 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-631, S. 60, 111; P.A. 80-190, S. 4; P.A. 81-91, S. 2; 81-472, S. 29, 159; P.A. 82-203; P.A. 86-337, S. 6; P.A. 88-218; 88-333; P.A. 89-160, S. 1, 2; 89-168, S. 1; P.A. 92-76, S. 1; P.A. 93-91, S. 1, 2; 93-340, S. 4, 19; P.A. 94-221, S. 21; P.A. 95-103; 95-289, S. 7; P.A. 96-246, S. 1; P.A. 99-102, S. 13; P.A. 00-49, S. 6, 7; P.A. 02-106, S. 3; 02-138, S. 12; P.A. 09-185, S. 8; 09-242, S. 2; P.A. 10-43, S. 12; P.A. 11-93, S. 3; P.A. 12-82, S. 8; 12-119, S. 7; P.A. 13-214, S. 7; P.A. 14-39, S. 63; 14-186, S. 6; P.A. 15-143, S. 9; 15-205, S. 1; 15-227, S. 25; P.A. 16-163, S. 16; P.A. 17-81, S. 7; P.A. 18-17, S. 1; P.A. 19-64, S. 1; 19-118, S. 24; 19-120, S. 1; 19-187, S. 6; P.A. 22-87, S. 4.)

History: 1967 act added nurses, teachers, principals and social workers; 1969 act included licensed practical nurses in Subsec. (a); 1971 act inserted new Subsec. (a) stating policy of state, relettered former Subsecs. (a) and (b) as (b) and (c), included medical examiners, police officers and clergymen in Subsec. (b), formerly (a), clarified and expanded provisions re circumstances requiring report, clarified to whom oral and written reports to be made in Subsec. (c), added Subsecs. (d) to (g) and designated former Subsec. (c) as Subsec. (h), making minor changes to reach conformity with rest of section as amended; P.A. 73-205 included dentists, psychologists and school guidance counselors in Subsec. (b) and added provision imposing fine for failure to report as required, amended Subsec. (c) to delete reports to health commissioner and impose 72-hour deadline for written report, amended Subsec. (d) to refer to examination rather than treatment of child, to require physician to advise parents, guardians etc. and to extend hospital custody period from 72 to 96 hours, amended Subsec. (f) to describe qualities appointed counsel must possess and to require court rather than welfare commissioner to pay fee and amended Subsec. (g) to make welfare commissioner rather than health commissioner responsible for registry; P.A. 74-293 included coroners, osteopaths, optometrists, chiropractors, podiatrists, day care center employees and mental health professionals in Subsec. (b), substituted “shall” for “may” in Subsec. (f)(2) thereby making representation by counsel mandatory and imposed deadline for adoption of regulations in Subsec. (g); P.A. 75-270 replaced welfare commissioner and department with commissioner and department of children and youth services and added provisions in Subsec. (e) for temporary custody of child; P.A. 75-384 returned duties to welfare department and commissioner, included emotional maltreatment in Subsec. (b), added provision re counsel as guardian ad litem in Subsec. (f), clarified confidentiality provision in Subsec. (g) and added provision re penalty for violation of section; P.A. 75-420 replaced welfare commissioner and department with commissioner and department of social services; P.A. 76-27 included action by commissioner of children and youth services in Subsec. (e); P.A. 76-436 replaced juvenile court with superior court in Subsecs. (d) to (f), effective July 1, 1978; P.A. 77-308 amended Subsec. (b) to refer to abuse of child by person responsible for his health, welfare or care or by person given access to child by responsible person and added reference to children neglected as defined in Sec. 17-53; P.A. 77-614 and P.A. 78-303 replaced social services commissioner and department with commissioner and department of human resources and made state police department a division within the department of public safety, effective January 1, 1979; P.A. 79-631 replaced commissioner and department of human resources with commissioner and department of children and youth services; P.A. 80-190 deleted coroners in Subsec. (b); P.A. 81-91 substituted commissioner of children and youth services for commissioner of human resources in Subsec. (c); P.A. 81-472 made technical changes; P.A. 82-203 amended Subsec. (b) by substituting sexual abuse and sexual exploitation for sexual molestation in the list of examples of conditions that are the result of maltreatment; P.A. 86-337 added requirement that commissioner of children and youth services immediately notify appropriate law enforcement agency of reports of child abuse; P.A. 88-218 added physician assistants, Connecticut certified substance abuse counselors and Connecticut certified marital and family therapists to the list of persons required to report child abuse in Subsec. (b) and made a technical change in Subsec. (g); P.A. 88-333 in Subsec. (b) added a school employee as a person who has inflicted injuries, in Subsecs. (b) and (c) added reporting requirements when it is suspected or believed that the injuries were inflicted by a school employee, in Subsec. (e) specified who is to investigate when a report concerns suspected or believed injuries by a school employee and added Subdiv. (3) re reporting and suspension when an investigation produces evidence that a child has been abused by a school employee, in Subsec. (f) specified what happens if a school employee is convicted of a crime involving an act of child abuse and added Subsec. (i) re the assignment of designees by a school superintendent; P.A. 89-160 amended Subsec. (c) to require the commissioner of children and youth services and the local police department or state police to notify each other when either receives an oral report alleging serious physical abuse or sexual abuse of a child, amended Subsec. (d) to allow physicians examining a child with respect to whom abuse is suspected to perform diagnostic tests and procedures necessary for the detection of child abuse, the expenses for such tests and procedures paid for by the parents or if they are unable to pay, by the commissioner, amended Subsec. (d) to allow the commissioner during the period of temporary custody, to provide the child with all necessary care including medical care consisting of an examination, with or without parental consent and diagnostic tests and procedures necessary to detect child abuse and amended Subsec. (g) to require the commissioner to disclose the information in the registry of child abuse reports received to the legislative program review and investigations committee when requested and under certain conditions protecting confidentiality; P.A. 89-168 added a new Subsec. (j) which requires each local and regional board of education to adopt a written policy regarding the reporting, by school employees, of suspected child abuse; Sec. 17-38a transferred to Sec. 17a-101 in 1991; P.A. 92-76 included school paraprofessionals in Subsec. (b), amended Subsec. (c) to require report to commissioner of education in cases involving certified school employees, amended Subsec. (e) to require notification of commissioner of education in investigations involving certified school employees and to add language concerning certification revocation proceedings and made technical changes in Subsec. (f); P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-340 amended Subsec. (b) to add dental hygienists, pharmacists, physical therapists, sexual assault counselors and battered women's counselors to list of persons required to report suspected child abuse and to make technical changes, effective July 1, 1993; P.A. 94-221 amended Subsec. (f) to add notice by the state's attorney of persons holding certificates issued by the State Board of Education, expanded the reasons for the notice to include violations of Secs. 53a-71 and 53a-73a, substituted notice to the commissioner of education for notice to the State Board of Education and deleted provision for the commencement of certification revocation proceedings; P.A. 95-103 amended Subsec. (f) by adding provision that separate guardian ad litem not required to be attorney; P.A. 95-289 changed marital and family therapists from “Connecticut certified” to “licensed”; P.A. 96-246 amended Subsec. (b) by listing mandated reporters and deleting rest of subsection and deleted former Subsecs. (c) to (j), inclusive, and added new Subsec. (c) re development of educational training program for prompt identification and reporting of child abuse and neglect; P.A. 99-102 amended Subsec. (b) by deleting obsolete references to chapter 371 and osteopaths and making a technical change; P.A. 00-49 amended Subsec. (a) by making technical changes and adding the Child Advocate and any employee of the Office of Child Advocate as mandated reporters, effective July 1, 2000; P.A. 02-106 amended Subsec. (b) to add a coach of intramural or interscholastic athletics as a mandated reporter; P.A. 02-138 amended Subsec. (b) to replace “clergyman” with “member of the clergy”, replace “licensed substance abuse counselor” with “licensed or certified alcohol and drug counselor”, replace “day care center” with “child day care center” and add as mandated reporters a school coach, juvenile or adult probation officer, juvenile or adult parole officer, any person who is a licensed or certified emergency medical services provider, any person who is a licensed professional counselor, any person paid to care for a child in any group day care home licensed by the state, any employee of the Department of Children and Families and any employee of the Department of Public Health who is responsible for the licensing of child day care centers, group day care homes, family day care homes or youth camps and added new Subsec. (d) re participation of mandated reporters who fail to report in an educational and training program established by the commissioner; P.A. 09-185 amended Subsec. (b) by expanding mandated reporters to include any person licensed as a foster parent, effective July 1, 2009; P.A. 09-242 amended Subsec. (b) to include school superintendent as a mandated reporter and make a technical change; P.A. 10-43 amended Subsec. (a) to add reference to reporting of suspected child neglect and amended Subsec. (b) to include family relations counselor, family relations counselor trainee and family services supervisor employed by Judicial Department as mandated reporters; P.A. 11-93 amended Subsec. (b) by replacing titles of school employees with “school employee, as defined in section 53a-65”, amended Subsec. (c) by adding provisions re development of refresher training program and re training to be provided to all new school employees and added Subsec. (e) re model mandated reporting policy, effective July 1, 2011; P.A. 12-82 deleted former Subsec. (d) re participation in educational and training program by mandated reporters who fail to report suspected abuse or neglect and redesignated existing Subsec. (e) as Subsec. (d); P.A. 12-119 made technical changes in Subsec. (b), effective June 15, 2012; P.A. 13-214 amended Subsec. (b) to substitute “domestic violence counselor” for “battered women's counselor”; P.A. 14-39 amended Subsec. (b) to include any employee of Office of Early Childhood as a mandated reporter, effective July 1, 2014; P.A. 14-186 amended Subsec. (b) by adding Subdiv. (1) to (10), (15) to (34), (36) and (37) designators, adding as a mandated reporter Subdiv. (11) re person who holds or is issued coaching permit or is coach of intramural or interscholastic athletics, Subdiv. (12) re individual employed as coach or director of youth athletics, Subdiv. (13) re individual employed as coach or director of private youth sports organization, league or team, Subdiv. (14) re paid administrator, faculty, staff, athletic director, athletic coach or athletic trainer employed by institution of higher education and Subdiv. (35) re paid youth camp director or assistant director, and making technical changes; P.A. 15-143 amended Subsec. (b) by redesignating existing provision in Subdiv. (34) re employee of Office of Early Childhood as new Subdiv. (35) and redesignating existing Subdivs. (35) to (37) as Subdivs. (36) to (38), effective June 30, 2015; P.A. 15-205 amended Subsec. (c) to add provision re refresher training program to be provided to each school employee, effective July 1, 2015; pursuant to P.A. 15-227, references to child day care center, group day care home and family day care home were changed editorially by the Revisors to references to child care center, group child care home and family child care home, respectively, in Subsec. (b), effective July 1, 2015; P.A. 16-163 made a technical change in Subsec. (b)(10), effective June 9, 2016; P.A. 17-81 amended Subsec. (c) by replacing reference to Sec. 17a-101i(f) with reference to Sec. 17a-101i(g), effective July 1, 2017; P.A. 18-17 amended Subsec. (b) by adding licensed behavior analysts to list of mandated reporters as new Subdiv. (38) and redesignating existing Subdiv. (38) as Subdiv. (39), effective July 1, 2018; P.A. 19-64 amended Subsec. (b) by adding Subdiv. (40), codified by the Revisors as new Subdiv. (39), re victim services advocate employed by Judicial Department, and making a technical change, effective July 1, 2019; P.A. 19-118 amended Subsec. (b) by deleting former Subdiv. (34) re employee of Department of Public Health and redesignating existing Subdivs. (35) to (39) as new Subdivs. (34) to (38), effective July 1, 2019; P.A. 19-120 amended Subsec. (b) by adding person who has regular contact with and provides services to or on behalf of children pursuant to contract with or credential issued by Department of Children and Families in Subdiv. (33), adding Subdiv. (40) re victim services advocate employed by Office of Victim Services within Judicial Department, adding Subdiv. (41) re employee of juvenile justice program operated by or pursuant to contract with Court Support Services Division of Judicial Department and making a technical change; P.A. 19-187 amended Subsec. (b) by adding Subdiv. (40) re person employed to work at juvenile detention facility or other facility where children under age 18 are detained and who has direct contact with children as part of employment, effective July 1, 2020 (Revisor's note: In 2021, the Revisors incorporated editorially the amendments made by P.A. 19-64, S. 1, P.A. 19-118, S. 24 and P.A. 19-120, S. 1, into Subsec. (b), which in 2020 were inadvertently not incorporated into the version of the section effective July 1, 2020, and redesignated Subdiv. (40) as Subdiv. (41), in order to reconcile the amendments with those made by P.A. 19-187, S. 6; P.A. 22-87 amended Subsec. (b)(35) by adding “and staff member who is twenty-one years of age or older” and making a conforming change and amended Subsec. (d) by deleting “On or before October 1, 2011, the” and making a conforming change.

See Sec. 10-145b re revocation of certificates issued by the State Board of Education.

See Sec. 17a-49 re grants for programs for treatment and prevention of child abuse and neglect.

Annotations to former section 17-38a:

Cited. 165 C. 288; 177 C. 648; 179 C. 155; 187 C. 431; 189 C. 276; 192 C. 254; 195 C. 344; 214 C. 256; 217 C. 459.

Cited. 6 CA 7; Id., 360; 8 CA 656; 12 CA 585; 23 CA 410; 25 CA 586; judgment reversed, see 223 C. 492; 30 CA 794; 31 CA 400; judgment reversed, see 230 C. 459.

Cited. 35 CS 241; 41 CS 23.

Annotations to present section:

Cited. 224 C. 29; 240 C. 549; 242 C. 1. Class of persons protected by statute is limited to those children who have been abused or neglected and are, or should have been, the subject of a mandated report; thus, trial court properly concluded that defendant did not owe a duty of care to child who sustained head injury while attending a licensed day care facility because child was not within the class of persons protected by statute. 267 C. 539.

Cited. 25 CA 586; judgment reversed, see 223 C. 492; 26 CA 58; 30 CA 794; 40 CA 233. In second proceeding re determination of abuse and neglect of a child, no collateral estoppel where issue is termination of parental rights. 50 CA 805. Arbitration award reinstating driver of children for department who was guilty of drug charges under Secs. 21a-277 and 21a-278 violates public policy of protecting children of the state. 59 CA 793. Doctrine of predictive neglect; sufficient evidence found for court to determine child was neglected by reason of being permitted to live under conditions, circumstances or associations injurious to her well-being. 105 CA 502. Act of triggering the limitation on constancy of accusation testimony is the filing of a complaint by the victim with the police, not the filing of a complaint by a mandated reporter with department. 140 CA 241.

Subsec. (a):

Cited. 224 C. 263. Section does not expressly obligate employer to accommodate an employee's work-at-home requests or to refrain from taking adverse action against an employee who persists in efforts to secure such arrangement. 249 C. 766.

Adjudication of neglect may be based on potential risk of harm. 58 CA 119.

Sec. 17a-101a. Report of abuse, neglect or injury of child or imminent risk of serious harm to child. Penalty for failure to report. Notification of Chief State's Attorney. (a)(1) Any mandated reporter, as described in section 17a-101, who in the ordinary course of such person's employment or profession has reasonable cause to suspect or believe that any child under the age of eighteen years (A) has been abused or neglected, as described in section 46b-120, (B) has had nonaccidental physical injury, or injury which is at variance with the history given of such injury, inflicted upon such child, or (C) is placed at imminent risk of serious harm, or (2) any school employee, as defined in section 53a-65, who in the ordinary course of such person's employment or profession has reasonable cause to suspect or believe that any person who is being educated by the Technical Education and Career System or a local or regional board of education, other than as part of an adult education program, is a victim under the provisions of section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, and the perpetrator is a school employee shall report or cause a report to be made in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive.

(b) (1) Any person required to report under the provisions of this section who fails to make such report or fails to make such report within the time period prescribed in sections 17a-101b to 17a-101d, inclusive, and section 17a-103 shall be guilty of a class A misdemeanor, except that such person shall be guilty of a class E felony if (A) such violation is a subsequent violation, (B) such violation was wilful or intentional or due to gross negligence, or (C) such person had actual knowledge that (i) a child was abused or neglected, as described in section 46b-120, or (ii) a person was a victim described in subdivision (2) of subsection (a) of this section.

(2) Any person who intentionally and unreasonably interferes with or prevents the making of a report pursuant to this section, or attempts or conspires to do so, shall be guilty of a class D felony. The provisions of this subdivision shall not apply to any child under the age of eighteen years or any person who is being educated by the Technical Education and Career System or a local or regional board of education, other than as part of an adult education program.

(3) Any person found guilty under the provisions of this subsection shall be required to participate in an educational and training program. The program may be provided by one or more private organizations approved by the commissioner, provided the entire cost of the program shall be paid from fees charged to the participants, the amount of which shall be subject to the approval of the commissioner.

(c) The Commissioner of Children and Families, or the commissioner's designee, shall promptly notify the Chief State's Attorney when there is reason to believe that any such person has failed to make a report in accordance with this section.

(d) For purposes of this section and section 17a-101b, a mandated reporter's suspicion or belief may be based on factors including, but not limited to, observations, allegations, facts or statements by a child, victim, as described in subdivision (2) of subsection (a) of this section, or third party. Such suspicion or belief does not require certainty or probable cause.

(P.A. 96-246, S. 2; P.A. 97-319, S. 9, 22; P.A. 98-241, S. 3, 18; P.A. 02-106, S. 4; 02-138, S. 13; P.A. 11-93, S. 8; P.A. 12-82, S. 9; P.A. 13-297, S. 2; P.A. 15-205, S. 2; P.A. 17-237, S. 95, 96.)

History: P.A. 97-319 added provision requiring report for any child that has been abused rather than for any child in danger of being abused, effective July 1, 1997; P.A. 98-241 added “or is placed at imminent risk of serious harm by an act or failure to act on the part of such responsible person”, effective July 1, 1998; P.A. 02-106 increased the penalty for failing to report from not more than $500 to not less than $500 nor more than $2,500 and made technical changes for purposes of gender neutrality; P.A. 02-138 inserted Subdiv. indicators, repositioned language re reporting of neglect, required reporting by a mandated reporter when reasonable suspicion or belief arose “in the ordinary course of such person's employment or profession” rather than “in his professional capacity”, amended Subdiv. (2) to delete provision that limited reporting to injuries inflicted “by a person responsible for such child's health, welfare or care or by a person given access to such child by such responsible person”, amended Subdiv. (3) to delete provision that limited reporting to when a child is placed at imminent risk of harm “by an act or failure to act on the part of such responsible person” and added requirement that a mandated reporter who fails to report participate in an educational and training program pursuant to Sec. 17a-101(d); P.A. 11-93 added provision re imposition of fine where person fails to report within required time period and added requirement that commissioner notify Chief State's Attorney of failure to report, effective July 1, 2011; P.A. 12-82 designated existing provisions as Subsecs. (a), (b) and (c) and, in Subsec. (b), replaced “pursuant to subsection (d) of section 17a-101” with provision re program provided by private organizations approved by commissioner with program fees subject to commissioner's approval; P.A. 13-297 amended Subsec. (b) by changing penalty for failure to report from “fined not less than five hundred dollars or more than two thousand five hundred dollars” to “guilty of a class A misdemeanor”; P.A. 15-205 amended Subsec. (a) by designating existing provisions re mandated reporter as new Subdiv. (1) and adding new Subdiv. (2) re school employee, amended Subsec. (b) by designating existing provision re failure to make report as Subdiv. (1) and amending same to add exception re class E felony, adding Subdiv. (2) re interference with making of report and designating existing provision re education and training program as Subdiv. (3), added Subsec. (d) re mandated reporter's suspicion or belief, and made technical changes; P.A. 17-237 amended Subsecs. (a)(1) and (b)(2) by replacing “technical high school system” with “Technical Education and Career System”, effective July 1, 2017.

Sec. 17a-101b. Report by mandated reporter. Notification of law enforcement agency when allegation of sexual abuse or serious physical abuse. Notification of person in charge of institution, facility or school when staff member suspected of abuse or neglect. (a) An oral or electronic report shall be made by a mandated reporter as soon as practicable but not later than twelve hours after the mandated reporter has reasonable cause to suspect or believe that a child has been abused or neglected or placed in imminent risk of serious harm. An oral report made pursuant to this subsection shall be made by telephone or in person to the Commissioner of Children and Families or a law enforcement agency. If a law enforcement agency receives an oral report, it shall immediately notify the commissioner. An electronic report made pursuant to this subsection shall be made in a manner prescribed by the commissioner. A mandated reporter who makes an electronic report pursuant to this section shall respond to further inquiries from the commissioner or the commissioner's designee made within twenty-four hours of such report.

(b) If the commissioner or the commissioner's designee suspects or knows that such person has knowingly made a false report, the identity of such person shall be disclosed to the appropriate law enforcement agency and to the perpetrator of the alleged abuse.

(c) If the Commissioner of Children and Families, or the commissioner's designee, receives a report alleging sexual abuse or serious physical abuse, including, but not limited to, a report that: (1) A child has died; (2) a child has been sexually assaulted; (3) a child has suffered brain damage or loss or serious impairment of a bodily function or organ; (4) a child has been sexually exploited; or (5) a child has suffered serious nonaccidental physical injury, the commissioner shall, within twelve hours of receipt of such report, notify the appropriate law enforcement agency.

(d) Whenever a mandated reporter, as described in section 17a-101, has reasonable cause to suspect or believe that any child has been abused or neglected by a member of the staff of a public or private institution or facility that provides care for such child or a public or private school, the mandated reporter shall report as required in subsection (a) of this section. The Commissioner of Children and Families or the commissioner's designee shall notify the principal, headmaster, executive director or other person in charge of such institution, facility or school, or the person's designee, unless such person is the alleged perpetrator of the abuse or neglect of such child. In the case of a public school, the commissioner shall also notify the person's employing superintendent. Such person in charge, or such person's designee, shall then immediately notify the child's parent or other person responsible for the child's care that a report has been made.

(e) For purposes of this section, “child” includes any victim described in subdivision (2) of subsection (a) of section 17a-101a.

(P.A. 96-246, S. 3; P.A. 97-319, S. 10, 22; P.A. 02-138, S. 14; P.A. 11-93, S. 11; P.A. 15-205, S. 3; P.A. 18-67, S. 4.)

History: P.A. 97-319 divided existing Subsec. (a) into Subsecs. (a) and (b) by providing in Subsec. (a) that report be made if there is reasonable cause to suspect or believe abuse rather than if there is a suspicion or belief of abuse and inserted new Subsec. (b) re disclosure of the name of a person who knowingly made a false report, relettering prior Subsec. (b) and (d), effective July 1, 1997; P.A. 02-138 amended Subsec. (a) to decrease the time period for making the required oral report from “within twenty-four hours” to “as soon as practicable but not later than twelve hours” after the reporter has reasonable suspicion or belief of child abuse or neglect and require an oral report whenever there is reasonable suspicion or belief that a child has been “placed in imminent risk of serious harm”, amended Subsec. (b) to replace “his representative” with “the commissioner's designee”, amended Subsec. (c) to decrease from 24 to 12 hours the time period after receipt of the report that the commissioner is required to notify the appropriate law enforcement agency and make technical changes including changes for purposes of gender neutrality, amended Subsec. (d) to provide that the notification of the person in charge of the institution, facility or school be made by the “Commissioner of Children and Families or the commissioner's designee” rather than by the mandated reporter, add provision that such notice is not required if “such person is the alleged perpetrator of the abuse or neglect of such child” and make technical changes including changes for purposes of gender neutrality; P.A. 11-93 amended Subsec. (d) by specifying that Commissioner of Children and Families notify the principal, headmaster or executive director of an institution, facility or school and adding requirement that commissioner notify the employing superintendent, effective July 1, 2011; P.A. 15-205 amended Subsec. (d) by making a technical change and added Subsec. (e) re meaning of “child”; P.A. 18-67 amended Subsec. (a) by adding provisions re making electronic report and requiring mandated reporter that makes electronic report to respond to further inquiries from the commissioner within 24 hours of such report, and making conforming changes, effective October 1, 2019.

Sec. 17a-101c. Written or electronic report by mandated reporter. Not later than forty-eight hours after making an oral report, a mandated reporter shall submit a written or electronic report to the Commissioner of Children and Families or the commissioner's designee. Such reports shall be made in a manner prescribed by the commissioner. When a mandated reporter is a member of the staff of a public or private institution or facility that provides care for such child or public or private school the reporter shall also submit a copy of the written or electronic report to the person in charge of such institution, school or facility or the person's designee. In the case of a report concerning a school employee holding a certificate, authorization or permit issued by the State Board of Education under the provisions of sections 10-144o to 10-146b, inclusive, and 10-149, a copy of the written or electronic report shall also be sent by the Commissioner of Children and Families or the commissioner's designee to the Commissioner of Education or the commissioner's designee. In the case of an employee of a facility or institution that provides care for a child which is licensed by the state, a copy of the written or electronic report shall also be sent by the Commissioner of Children and Families to the executive head of the state licensing agency.

(P.A. 96-246, S. 4; P.A. 97-319, S. 11, 22; P.A. 98-239, S. 18; P.A. 03-168, S. 6; P.A. 11-93, S. 9; P.A. 18-67, S. 5.)

History: P.A. 97-319 deleted provision re oral information and added the words “copy of the” before each reference to “written report”, effective July 1, 1997; P.A. 98-239 required the mandated reporter to send a copy of the written report to the executive head of the state licensing agency in the case of an employee of a facility or institution providing care for a child; P.A. 03-168 replaced reference to “certified school employee” with provision re school employee holding certificate, authorization or permit, effective July 1, 2003; P.A. 11-93 replaced requirement that person in charge of the institution, school or facility send report to Commissioner of Education with requirement that Commissioner of Children and Families send report, replaced requirement that mandated reporter send report to licensing agency with requirement that Commissioner of Children and Families send report, and made technical changes, effective July 1, 2011; P.A. 18-67 replaced “written report” with “written or electronic report”, and added provision re electronic reports shall be made in manner prescribed by commissioner, effective October 1, 2019.

Sec. 17a-101d. Contents of reports. All reports required pursuant to sections 17a-101a to 17a-101c, inclusive, and section 17a-103, shall contain, if known: (1) The names and addresses of the child and his or her parents or other person responsible for his or her care; (2) the age of the child; (3) the gender of the child; (4) the nature and extent of the child's injury or injuries, maltreatment or neglect; (5) the approximate date and time the injury or injuries, maltreatment or neglect occurred; (6) information concerning any previous injury or injuries to, or maltreatment or neglect of, the child or his or her siblings; (7) the circumstances in which the injury or injuries, maltreatment or neglect came to be known to the reporter; (8) the name of the person or persons suspected to be responsible for causing such injury or injuries, maltreatment or neglect; (9) the reasons such person or persons are suspected of causing such injury or injuries, maltreatment or neglect; (10) any information concerning any prior cases in which such person or persons have been suspected of causing an injury, maltreatment or neglect of a child; and (11) whatever action, if any, was taken to treat, provide shelter or otherwise assist the child. For purposes of this section, “child” includes any victim described in subdivision (2) of subsection (a) of section 17a-101a.

(P.A. 96-246, S. 5; P.A. 11-93, S. 15; P.A. 15-205, S. 4; P.A. 18-67, S. 6.)

History: P.A. 11-93 added new Subdiv. (9) re reasons for suspicion of causing injury, maltreatment or neglect and new Subdiv. (10) re prior cases, and redesignated existing Subdiv. (9) as Subdiv. (11), effective July 1, 2011; P.A. 15-205 amended Subdivs. (1) and (6) by making technical changes and added provision re meaning of “child”; P.A. 18-67 changed “oral and written reports required in” to “reports required pursuant to”, effective October 1, 2019.

Sec. 17a-101e. Employer prohibited from discriminating or retaliating against employee who makes good faith report or testifies re child abuse or neglect. Immunity from civil or criminal liability. False report of child abuse. Referral to office of the Chief State's Attorney. Penalty. (a) No employer shall (1) discharge, or in any manner discriminate or retaliate against, any employee who in good faith makes a report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, testifies or is about to testify in any proceeding involving child abuse or neglect, or (2) hinder or prevent, or attempt to hinder or prevent, any employee from making a report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, or testifying in any proceeding involving child abuse or neglect. The Attorney General may bring an action in Superior Court against an employer who violates this subsection. The court may assess a civil penalty of not more than two thousand five hundred dollars and may order such other equitable relief as the court deems appropriate.

(b) Any person, institution or agency which, in good faith, (1) makes a report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, or (2) provides professional medical intervention or assistance in any proceeding involving child abuse and neglect, including, but not limited to, (A) causing a photograph, x-ray or a physical custody examination to be made, (B) causing a child to be taken into emergency protective custody, (C) disclosing a medical record or other information pertinent to the proceeding, or (D) performing a medically relevant test, shall be immune from any liability, civil or criminal, which might otherwise arise from or be related to the actions taken pursuant to this subsection and shall have the same immunity with respect to any judicial proceeding which results from such report or actions, provided such person did not perpetrate or cause such abuse or neglect. The immunity from civil or criminal liability extends only to actions done pursuant to this subsection and does not extend to the malpractice of a medical professional that results in personal injury or death.

(c) Any person who is alleged to have knowingly made a false report of child abuse or neglect pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103 shall be referred to the office of the Chief State's Attorney for purposes of a criminal investigation.

(d) Any person who knowingly makes a false report of child abuse or neglect pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103 shall be fined not more than two thousand dollars or imprisoned not more than one year or both.

(P.A. 96-246, S. 6; P.A. 97-319, S. 12, 22; P.A. 12-82, S. 10; P.A. 13-53, S. 1; P.A. 18-57, S. 1.)

History: P.A. 97-319 amended Subsec. (b) by adding provision re immunity for persons who in good faith do not make a report, effective July 1, 1997; P.A. 12-82 added new Subsec. (c) re referral of persons who knowingly make a false report of child abuse or neglect to Office of the Chief State's Attorney and redesignated existing Subsec. (c) as Subsec. (d); P.A. 13-53 amended Subsec. (a) by designating existing provision re retaliation against employee who makes a report as Subdiv. (1) and adding Subdiv. (2) re hindering or preventing employees from making a report or testifying in a child abuse or neglect proceeding; P.A. 18-57 amended Subsec. (b) by deleting provision re person who in good faith does not make report re child abuse or neglect being immune from civil or criminal liability, designating existing provision re making report of child abuse or neglect as Subdiv. (1), adding Subdiv. (2) re immunity from civil or criminal liability when providing professional medical intervention or assistance in proceeding involving child abuse or neglect, replacing “be incurred or imposed” with “arise from or be related to the actions taken pursuant to this subsection” and by adding provision re immunity from civil or criminal liability only extends to action done pursuant to subsection and not to malpractice of a medical professional that results in personal injury or death, effective July 1, 2018, and applicable to any civil action pending on or filed on or after said date.

Nothing in plain and unambiguous text of section suggests legislature intended to authorize private citizens to bring actions on their own behalf. 304 C. 483.

Subsec. (b):

Physician who performs medical examination at department's request to determine whether reasonable cause exists to suspect child abuse is entitled to immunity under Subsec. for claims arising from that determination, but not for diagnosis or treatment of any underlying injuries. 272 C. 410. Good faith immunity does not apply where trial court found that defendant acted with malice and without probable cause. 287 C. 397.

Section abrogates absolute immunity that the common law may have afforded by providing only qualified immunity to individuals who report abuse or neglect. 173 CA 539.

Sec. 17a-101f. Examination by physician. Diagnostic tests and procedures to detect child abuse. Expenses. Any physician examining a child with respect to whom abuse or neglect is suspected shall have the right to keep such child in the custody of a hospital for no longer than ninety-six hours in order to perform diagnostic tests and procedures necessary to the detection of child abuse or neglect and to provide necessary medical care with or without the consent of such child's parents or guardian or other person responsible for the child's care, provided the physician has made reasonable attempts to (1) advise such child's parents or guardian or other person responsible for the child's care that he suspects the child has been abused or neglected and (2) obtain consent of such child's parents or guardian or other person responsible for the child's care. In addition, such physician may take or cause to be taken photographs of the area of trauma visible on a child who is the subject of such report without the consent of such child's parents or guardian or other person responsible for the child's care. All such photographs or copies thereof shall be sent to the local police department and the Department of Children and Families. The expenses for such care and such diagnostic tests and procedures, if not covered by insurance, shall be paid by the Commissioner of Children and Families, provided the state may recover such costs from the parent if the parent has been found by a court to have abused or neglected such child.

(P.A. 96-246, S. 8.)

Sec. 17a-101g. Classification and evaluation of reports. Determination of abuse or neglect of child. Investigation. Notice, entry of recommended finding. Referral to local law enforcement authority. Home visit. Removal of child in imminent risk of harm. Family assessment response program. Development of service plans and plans of care. Monitoring. Disclosure of information to community providers. Annual report. (a) Upon receiving a report of child abuse or neglect, as provided in sections 17a-101a to 17a-101c, inclusive, or section 17a-103, in which the alleged perpetrator is (1) a person responsible for such child's health, welfare or care, (2) a person given access to such child by such responsible person, or (3) a person entrusted with the care of a child, the Commissioner of Children and Families, or the commissioner's designee, shall cause the report to be classified and evaluated immediately. If the report contains sufficient information to warrant an investigation, the commissioner shall make the commissioner's best efforts to commence an investigation of a report concerning an imminent risk of physical harm to a child or other emergency within two hours of receipt of the report and shall commence an investigation of all other reports within seventy-two hours of receipt of the report. A report classified by the commissioner, or the commissioner's designee, as lower risk may be referred for family assessment and services pursuant to subsection (g) of this section. Any such report may thereafter be referred for standard child protective services if safety concerns for the child become evident. A report referred for standard child protective services may be referred for family assessment and services at any time if the department determines there is a lower risk to the child. If the alleged perpetrator is a school employee, as defined in section 53a-65, or is employed by an institution or facility licensed or approved by the state to provide care for children, the department shall notify the Department of Education or the state agency that has issued such license or approval to the institution or facility of the report and the commencement of an investigation by the Commissioner of Children and Families. The department shall complete any such investigation not later than thirty-three business days after the date of receipt of the report. If the report is a report of child abuse or neglect in which the alleged perpetrator is not a person specified in subdivision (1), (2) or (3) of this subsection, the Commissioner of Children and Families shall refer the report to the appropriate local law enforcement authority for the town in which the child resides or in which the alleged abuse or neglect occurred.

(b) The Commissioner of Children and Families shall establish protocols for the investigation of and response to reports of child abuse or neglect of children from birth to three years of age. Such protocols shall include, but need not be limited to, (1) appropriate supervision of the case, (2) appropriate visitation by department personnel to such children, (3) documentation of case activities relevant to the safety and well-being of such children, and (4) a case supervision tool specific to the unique needs and risk status of children from birth to three years of age. All investigations of a report of child abuse or neglect pursuant to this section shall include a home visit at which the child and any siblings are observed, if appropriate, a determination of the nature, extent and cause or causes of the reported abuse or neglect, a determination of the person or persons suspected to be responsible for such abuse or neglect, the name, age and condition of other children residing in the same household and an evaluation of the parents and the home. The report of such investigation shall be in writing. The investigation shall also include, but not be limited to, a review of criminal conviction information concerning the person or persons alleged to be responsible for such abuse or neglect and previous allegations of abuse or neglect relating to the child or other children residing in the household or relating to family violence. After an investigation into a report of abuse or neglect has been completed, the commissioner shall determine, based upon a standard of reasonable cause, whether a child has been abused or neglected, as defined in section 46b-120. If the commissioner determines that abuse or neglect has occurred, the commissioner shall also determine whether: (A) There is an identifiable person responsible for such abuse or neglect; and (B) such identifiable person poses a risk to the health, safety or well-being of children and should be recommended by the commissioner for placement on the child abuse and neglect registry established pursuant to section 17a-101k. If the commissioner has made the determinations in subparagraphs (A) and (B) of this subsection, the commissioner shall issue notice of a recommended finding to the person suspected to be responsible for such abuse or neglect in accordance with section 17a-101k. If the child is represented by an attorney or guardian ad litem, the commissioner shall notify the child's attorney or guardian ad litem in writing not less than five days prior to the date of any meeting in which the department is considering removing the child from the household, except, if the commissioner, or the commissioner's designee, has authorized the immediate removal of a child from his or her household pursuant to the provisions of subsection (e) of this section, the commissioner, or the commissioner's designee, shall not be required to provide advance written notice of such removal to the child's attorney or guardian ad litem.

(c) Except as provided in subsection (d) of this section, no entry of the recommended finding shall be made on the child abuse or neglect registry and no information concerning the finding shall be disclosed by the commissioner pursuant to a check of the child abuse or neglect registry or request for information by a public or private entity for employment, licensure, or reimbursement for child care purposes pursuant to programs administered by the Department of Social Services or pursuant to any other general statute that requires a check of the child abuse or neglect registry until the exhaustion or waiver of all administrative appeals available to the person suspected to be responsible for the abuse or neglect, as provided in section 17a-101k.

(d) If the child abuse or neglect resulted in or involves (1) the death of a child; (2) the risk of serious physical injury or emotional harm of a child; (3) the serious physical harm of a child; (4) the arrest of a person due to abuse or neglect of a child; (5) a petition filed by the commissioner pursuant to section 17a-112 or 46b-129; or (6) sexual abuse of a child, entry of the recommended finding may be made on the child abuse or neglect registry and information concerning the finding may be disclosed by the commissioner pursuant to a check of the child abuse or neglect registry or request for information by a public or private entity for employment, licensure, or reimbursement for child care purposes pursuant to programs administered by the Department of Social Services or pursuant to any other general statute that requires a check of the child abuse or neglect registry, prior to the exhaustion or waiver of all administrative appeals available to the person suspected to be responsible for the abuse or neglect as provided in section 17a-101k.

(e) If the Commissioner of Children and Families, or the commissioner's designee, has probable cause to believe that the child or any other child in the household is in imminent risk of physical harm from the child's surroundings and that immediate removal from such surroundings is necessary to ensure the child's safety, the commissioner, or the commissioner's designee, shall authorize any employee of the department or any law enforcement officer to remove the child and any other child similarly situated from such surroundings without the consent of the child's parent or guardian. The commissioner shall record in writing the reasons for such removal and include such record with the report of the investigation conducted under subsection (b) of this section.

(f) The removal of a child pursuant to subsection (e) of this section shall not exceed ninety-six hours. During the period of such removal, the commissioner, or the commissioner's designee, shall provide the child with all necessary care, including medical care, which may include an examination by a physician or mental health professional with or without the consent of the child's parents, guardian or other person responsible for the child's care, provided reasonable attempts have been made to obtain consent of the child's parents or guardian or other person responsible for the care of such child. During the course of a medical examination, a physician may perform diagnostic tests and procedures necessary for the detection of child abuse or neglect. If the child is not returned home within such ninety-six-hour period, with or without protective services, the department shall proceed in accordance with section 46b-129.

(g) (1) Notwithstanding the provisions of subsections (a) to (f), inclusive, of this section, the commissioner may establish a program of family assessment response to reports of child abuse and neglect whereby the report may be referred to appropriate community providers for family assessment and services without an investigation or at any time during an investigation, provided there has been an initial safety assessment of the circumstances of a family and child and criminal background checks have been performed on all adults involved in the report. Services provided through family assessment response shall include an array of community-based services and supports designed to meet the individual needs of families, build upon their strengths, enhance child development, reduce child abuse and neglect and increase the health, safety and well-being of children.

(2) In response to an accepted family assessment report, the department shall conduct a comprehensive family assessment that shall include a safety and risk assessment and an assessment of family strengths and needs. Such assessment shall include personal interviews with the child and the child's parent or primary caretaker, an evaluation of the home environment and the performance of criminal background checks on all adults residing in the same household. Such assessment may include, as appropriate, personal interviews with other children or adults residing in the same household as well as any other caregivers, family members and collateral contacts. In conducting such assessment, the department shall consider the age and vulnerability of the child, family functioning, family history of abuse and neglect and family history of involvement with the department. The department shall, upon securing any necessary releases, request any relevant out-of-state history of child abuse or neglect involving any adults residing in the same household.

(3) The following reports of suspected child abuse or neglect shall not be referred for family assessment response: (A) Sexual abuse, (B) abuse or neglect occurring in an out-of-home placement, (C) abuse or neglect resulting in the death or serious physical or mental injury of a child, or (D) where the department's safety assessment reveals that the child is unsafe. A case supervisor or manager shall approve all referrals to family assessment response.

(4) Prior to referring a report to an appropriate community provider, the department shall develop a service plan designed to meet the family's immediate needs for services and supports and to guide the community provider's development of a long-term plan of care for the family.

(5) Following a referral pursuant to subdivision (1) of this subsection, a community provider shall schedule an in-person meeting with the family and shall develop a plan of care. Such plan of care shall be developed in consultation with the family and shall include (A) a review of the department's family assessment and service plan and any services and supports the family is currently receiving, and (B) an identification of the family's ongoing needs and the services and supports that may be available to meet such needs. Such plan of care shall identify the family's strengths and needs and describe the services and supports to be offered to (i) address the family's needs, (ii) build upon the family's strengths, and (iii) increase the health, safety and well-being of the child. The provider shall monitor the family's participation and progress with the plan of care.

(6) The community provider shall maintain ongoing contact with the family through in-person meetings, visits to the home, child and family team meetings and phone calls. If at any time following the referral or during the implementation of the plan of care, the provider has reasonable cause to suspect or believe that any child under eighteen years of age (A) has been abused or neglected, as defined in section 46b-120, (B) has suffered a nonaccidental physical injury or an injury that is at variance with the history given for such injury, or (C) is placed at imminent risk of serious harm, the provider shall report or cause a report to be made in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive.

(7) The community provider shall schedule an in-person meeting with the family prior to the end of services. The determination to end services shall be based upon the family's preference and progress in meeting the goals outlined in the plan of care. The community provider shall submit individual child and family specific data and administrative service data to the department not later than thirty days after ending services. Such data shall identify the needs of the family, the services and supports made available to address those needs, the family's met and unmet treatment goals, the final disposition at the time of ending services and the reasons for the family's discharge from services, including, but not limited to, met treatment goals, family relocation, the receipt of a new report by the department or transfer of the family to another provider.

(8) Subdivisions (5) to (7), inclusive, of this subsection shall apply to all community provider service contracts in effect on June 9, 2016, to the extent they are not in conflict with such contracts, and shall apply to all contracts entered into, amended, extended or renewed on or after June 9, 2016.

(9) The commissioner shall adopt procedures to establish a method for the department to monitor the progress of the child and family referred to a community provider pursuant to subdivision (1) of this subsection and to set standards for reopening an investigation pursuant to this section. Such standards shall include, but need not be limited to, provisions for the reassignment of a report referred for family assessment response for an immediate investigation based on (A) a reassessment of the initial report of child abuse or neglect or the discovery of new or additional facts indicating that the child is unsafe, or (B) a determination that the report meets the criteria of subdivision (3) of this subsection and, as a result, does not qualify for family assessment response. Not later than January 1, 2017, the commissioner shall submit a report regarding such procedures and standards, 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.

(10) Consistent with the provisions of section 17a-28, the department shall disclose all relevant information in its possession concerning the child and family, including prior child protection activity, to each provider to whom a report has been referred for use by the provider in the assessment, diagnosis and treatment of unique needs of the family and the prevention of future reports. Each provider who has received a report of child abuse or neglect referred pursuant to this subsection shall disclose to the department, consistent with the provisions of section 17a-28, all relevant information gathered during assessment, diagnosis and treatment of the child and family. The department may use such information solely to monitor and ensure the continued safety and well-being of the child or children.

(11) Not later than July 1, 2016, and annually thereafter, the department 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 for inclusion in the annual report card prepared pursuant to section 2-53m on the status of family assessment response. Such report shall include data from the previous calendar year, including, but not limited to: (A) The number of accepted reports of child abuse or neglect, and the percentage of reports assigned to the family assessment response track; (B) the disposition of families assigned a family assessment response; (C) for cases assigned to the family assessment response track, a breakdown by reporter type; (D) the number and percentage of family assessment response cases that changed track to investigations; (E) an analysis of the department's prior or subsequent involvement with a family that has been assigned to family assessment response, if applicable; (F) an analysis of the department's prior or subsequent involvement with a family that has been assigned to a community partner agency; (G) a description of services that are commonly provided to families referred to the community support for families program; (H) a description of the department's staff development and training practices relating to intake; (I) the number and percentage of referred families who were ultimately enrolled in the community support for families program; (J) the number and percentage of families receiving a family assessment response broken down by race and ethnicity; (K) the reason for discharge from the community support for families program, as identified in subdivision (7) of this subsection, broken down by race and ethnicity; (L) a comparison of the needs identified and the needs addressed for families referred to the community support for families program; and (M) an analysis of the efficacy of the department's risk and safety assessment practices, including information concerning the methodology used to determine the reliability of such practices, the utilization of evidence-based practices and tools, and the effectiveness of such assessment practices for identifying children at risk for abuse or neglect.

(P.A. 96-246, S. 9; P.A. 97-319, S. 13, 22; P.A. 02-138, S. 15; P.A. 05-35, S. 1; 05-207, S. 2; P.A. 11-93, S. 16; 11-240, S. 1; P.A. 13-54, S. 1; P.A. 14-187, S. 17; P.A. 16-190, S. 1; P.A. 17-92, S. 1; P.A. 18-71, S. 1; 18-186, S. 4; P.A. 19-120, S. 2.)

History: P.A. 97-319 amended Subsec. (a) by deleting reference to “section 17a-101b” and substituting reference to reports made under Secs. 17a-101a to 17a-101c, inclusive, and Sec. 17a-103 and made technical changes, effective July 1, 1997; P.A. 02-138 amended Subsec. (a) to include receipt of a report of child “neglect”, make provisions re the commissioner's classification, evaluation and investigation of a report applicable if the report is one “in which the alleged perpetrator is (1) a person responsible for such child's health, welfare or care, (2) a person given access to such child by such responsible person, or (3) a person entrusted with the care of a child”, add provision requiring the commissioner to refer the report to the local law enforcement authority if the alleged perpetrator is not a person specified in Subdiv. (1), (2) or (3) and make technical changes for purposes of gender neutrality; P.A. 05-35 amended Subsec. (a) to extend the time frame for department to complete an investigation re report of child abuse or neglect from within 30 calendar days to not later than 45 calendar days after the date of receipt of the report; P.A. 05-207 required Commissioner of Children and Families to make determination whether a child has been abused or neglected and specified actions to be taken by commissioner if such determination was made in Subsec. (b), specified confidentiality requirements re findings in new Subsec. (c), specified exceptions to disclosure limitations in new Subsec. (d), redesignated existing Subsecs. (c) and (d) as Subsecs. (e) and (f) and made technical changes, effective December 1, 2005; P.A. 11-93 amended Subsec. (a) by adding provision requiring notice to Department of Education or other licensing agency where alleged perpetrator is employed by a school, institution or facility that provides care for children, effective July 1, 2011; P.A. 11-240 amended Subsec. (a) by adding provision re classification of reports and referral of lower risk reports for services and added Subsec. (g) allowing commissioner to establish program of differential response and to adopt regulations and requiring department to disclose information to service providers, effective July 1, 2011; P.A. 13-54 amended Subsec. (g)(1) by replacing “program of differential response” with “program of family assessment response”; P.A. 14-187 amended Subsec. (g)(2) by replacing reference to regulations with reference to procedures, effective June 11, 2014; P.A. 16-190 amended Subsec. (g) by adding provision re services provided through family assessment response to include array of community-based services and supports in Subdiv. (1), adding new Subdivs. (2) to (8) re family assessment response, redesignating existing Subdivs. (2) and (3) re adopting procedures and disclosure of information, respectively, as Subdivs. (9) and (10), amending redesignated Subdiv. (9) to replace “may” with “shall” in provision re commissioner to adopt procedures and add provisions re standards and report re procedures and standards, and adding Subdiv. (11) re department to submit annual report re family assessment response, effective June 9, 2016; P.A. 17-92 amended Subsec. (b) by adding provisions re commissioner to establish protocols for investigation of reports of child abuse or neglect of children from birth to age 3, adding new Subdivs. (1) to (4) re protocols, redesignating existing Subdivs. (1) and (2) re commissioner determination as Subparas. (A) and (B), and made technical and conforming changes, effective July 1, 2017; P.A. 18-71 amended Subsec. (g)(11) to add Subpara. (M) re analysis of department's risk and safety assessment practices, and made a conforming change, effective July 1, 2018; P.A. 18-186 amended Subsec. (b) by adding provision re commissioner to provide child's attorney or guardian ad litem with not less than 5 days written notice of any meeting re removal of child from household except if immediate removal of a child from household has been authorized; P.A. 19-120 amended Subsec. (a) to change time frame for department to complete investigation from not later than 45 calendar days after receipt of report to not later than 33 business days after receipt of report, effective July 1, 2019.

Registry scheme does not constitute an unlawful delegation of legislative power and does not constitute a bill of attainder since it does not inflict punishment, and defendant has not provided analysis to support claim that registry scheme is void for vagueness. 290 C. 545.

Subsec. (e) (former Subsec. (c)):

Does not require commissioner to remove a child upon finding of probable cause, but merely authorizes commissioner to seek removal under such circumstances; is directory and not mandatory and does not require commissioner to invoke 96-hour hold, but grants commissioner discretion to choose the most appropriate remedy in any given case; even if commissioner determines that probable cause exists and removal is necessary, the authorized employee or law enforcement officer is not statutorily required to remove child. 272 C. 734.

Sec. 17a-101h. Coordination of investigatory activities. Interview with child. Reporter to provide information. Consent of parent, guardian or responsible person. Notwithstanding any provision of the general statutes, any person authorized to conduct an investigation of abuse or neglect shall coordinate investigatory activities in order to minimize the number of interviews of any child and share information with other persons authorized to conduct an investigation of child abuse or neglect, as appropriate. A person reporting child abuse or neglect shall provide any person authorized to conduct an investigation of child abuse or neglect with all information related to the investigation that is in the possession or control of the person reporting child abuse or neglect, except as expressly prohibited by state or federal law. The commissioner shall obtain the consent of parents or guardians or other persons responsible for the care of the child to any interview with a child, except that such consent shall not be required when the department has reason to believe such parent or guardian or other person responsible for the care of the child or member of the child's household is the perpetrator of the alleged abuse or neglect or that seeking such consent would place the child at imminent risk of physical harm. If consent is not required to conduct the interview, such interview shall be conducted in the presence of a disinterested adult unless immediate access to the child is necessary to protect the child from imminent risk of physical harm and a disinterested adult is not available after reasonable search. For purposes of this section, “child” includes any victim described in subdivision (2) of subsection (a) of section 17a-101a.

(P.A. 96-246, S. 10; P.A. 11-93, S. 17; P.A. 13-52, S. 1; P.A. 15-205, S. 5; P.A. 18-67, S. 8.)

History: P.A. 11-93 added provision requiring person reporting abuse or neglect to provide information related to the investigation and made a technical change, effective July 1, 2011; P.A. 13-52 added provision allowing commissioner to interview a child without parental consent if there is reason to believe that seeking consent would place the child at imminent risk of physical harm; P.A. 15-205 added provision re meaning of “child”; P.A. 18-67 added reference to neglect re consent not required when department has reason to believe parent, guardian or person responsible for care of child or member of child's household is perpetrator, effective July 1, 2018.

Sec. 17a-101i. Abuse or neglect by school employee or staff member of public or private institution or facility providing care for children. Notice. Adoption of policy. Employee training program. (a) Notwithstanding any provision of the general statutes, not later than five working days after an investigation of a report that a child has been abused or neglected by a school employee, as defined in section 53a-65, or that a person is a victim, as described in subdivision (2) of subsection (a) of section 17a-101a, of a school employee has been completed, the Commissioner of Children and Families shall notify the employing superintendent and the Commissioner of Education of the results of such investigation and shall provide records, whether or not created by the department, concerning such investigation to the superintendent and the Commissioner of Education. The Commissioner of Children and Families shall provide such notice whether or not the child or victim was a student in the employing school or school district. If the Commissioner of Children and Families, based upon the results of the investigation, has reasonable cause to believe that (1) (A) a child has been abused or neglected, as described in section 46b-120, by such employee, and (B) the commissioner recommends such school employee be placed on the child abuse and neglect registry established pursuant to section 17a-101k, or (2) a person is a victim, as described in subdivision (2) of subsection (a) of section 17a-101a, of such school employee, the superintendent shall suspend such school employee. Such suspension shall be with pay and shall not result in the diminution or termination of benefits to such employee. Not later than seventy-two hours after such suspension the superintendent shall notify the local or regional board of education and the Commissioner of Education, or the commissioner's representative, of the reasons for and conditions of the suspension. The superintendent shall disclose such records to the Commissioner of Education and the local or regional board of education or its attorney for purposes of review of employment status or the status of such employee's certificate, permit or authorization. The suspension of a school employee employed in a position requiring a certificate shall remain in effect until the board of education acts pursuant to the provisions of section 10-151. If the contract of employment of such certified school employee is terminated, or such certified school employee resigns such employment, the superintendent shall notify the Commissioner of Education, or the commissioner's representative, within seventy-two hours after such termination or resignation. Upon receipt of such notice from the superintendent, the Commissioner of Education may commence certification revocation proceedings pursuant to the provisions of subsection (i) of section 10-145b. Notwithstanding the provisions of sections 1-210 and 1-211, information received by the Commissioner of Education, or the commissioner's representative, pursuant to this section shall be confidential subject to regulations adopted by the State Board of Education under section 10-145g. No local or regional board of education shall employ a person whose employment contract is terminated or who resigned from employment following a suspension pursuant to the provisions of this subsection if such person is convicted of a crime involving an act of child abuse or neglect as described in section 46b-120 or a violation of section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a against any person who is being educated by the Technical Education and Career System or a local or regional board of education, other than as part of an adult education program.

(b) Not later than five working days after an investigation of a report that a child has been abused or neglected by a staff member of a public or private institution or facility that provides care for children or a private school has been completed, the Commissioner of Children and Families shall notify such staff member's employer at such institution, facility or school, or such employer's designee, of the results of the investigation. If (1) the Commissioner of Children and Families, based upon the results of the investigation, has reasonable cause to believe that a child has been abused or neglected by such staff member, and (2) the commissioner recommends that such staff member be placed on the child abuse and neglect registry established pursuant to section 17a-101k, such institution, facility or school shall suspend such staff person. Such suspension shall be with pay and shall not result in diminution or termination of benefits to such staff person. Such suspension shall remain in effect until the incident of abuse or neglect has been satisfactorily resolved by the employer of the staff person or until an appeal, conducted in accordance with section 17a-101k, has resulted in a finding that such staff person is not responsible for the abuse or neglect or does not pose a risk to the health, safety or well-being of children.

(c) If a school employee, as defined in section 53a-65, or a staff member described in subsection (b) of this section has a professional license or certificate issued by the state or a permit or authorization issued by the State Board of Education or if the institution, school or facility employing the school employee or staff member has a license or approval issued by the state, the commissioner shall forthwith notify the state agency responsible for issuing such license, certificate, permit, approval or authorization of the results of any investigation described in subsection (a) or (b) of this section pertaining to such school employee or staff member and provide records, whether or not created by the department, concerning such investigation.

(d) If a school employee, as defined in section 53a-65, or any person holding a certificate, permit or authorization issued by the State Board of Education under the provisions of sections 10-144o to 10-149, inclusive, is convicted of a crime involving an act of child abuse or neglect as described in section 46b-120 or a violation of subdivision (2) of subsection (b) of section 17a-101a or section 53-21, 53a-71 or 53a-73a against any person, or a violation of section 53a-70, 53a-70a, 53a-72a or 53a-72b against a victim, as described in subdivision (2) of subsection (a) of section 17a-101a, the state's attorney for the judicial district in which the conviction occurred shall in writing notify the superintendent of the school district or the supervisory agent of the nonpublic school in which the person is employed and the Commissioner of Education of such conviction.

(e) For the purposes of receiving and making reports, notifying and receiving notification, or investigating, pursuant to the provisions of sections 17a-101a to 17a-101h, inclusive, and 17a-103, a superintendent of a school district or a supervisory agent of a nonpublic school may assign a designee to act on such superintendent's or agent's behalf.

(f) (1) On or before February 1, 2016, each local and regional board of education shall adopt a written policy, in accordance with the provisions of subsection (d) of section 17a-101, regarding the reporting by school employees, as defined in section 53a-65, of suspected child abuse or neglect in accordance with sections 17a-101a to 17a-101d, inclusive, and 17a-103 or a violation of section 53-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a against a victim, as described in subdivision (2) of subsection (a) of section 17a-101a. Such policy shall annually be distributed electronically to all school employees employed by the local or regional board of education. The local or regional board of education shall document that all such school employees have received such written policy and completed the training and refresher training programs required by subsection (c) of section 17a-101.

(2) For the school year commencing July 1, 2022, and each school year thereafter, each local and regional board of education shall distribute electronically to all school employees, as defined in section 53a-65, the members of the board of education and the parents and guardians of students enrolled in the schools under the jurisdiction of the board, a copy of the guidelines regarding identifying and reporting child sexual abuse, developed pursuant to section 17a-101r.

(3) For the school year commencing July 1, 2023, and each school year thereafter, each local and regional board of education shall distribute electronically to all school employees, as defined in section 53a-65, the members of the board of education and the parents and guardians of students enrolled in the schools under the jurisdiction of the board, information regarding the sexual abuse and assault awareness and prevention program identified or developed pursuant to section 17a-101q.

(g) (1) Each school employee, as defined in section 53a-65, hired by a local or regional board of education on or after July 1, 2011, shall be required to complete the training program developed pursuant to subsection (c) of section 17a-101. Each such school employee shall complete the refresher training program, developed pursuant to subsection (c) of section 17a-101, not later than three years after completion of the initial training program, and shall thereafter retake such refresher training course at least once every three years.

(2) On or before July 1, 2012, each school employee, as defined in section 53a-65, hired by a local or regional board of education before July 1, 2011, shall complete the refresher training program developed pursuant to subsection (c) of section 17a-101 and shall thereafter retake such refresher training course at least once every three years.

(3) On and after July 1, 2023, each school employee, as defined in section 53a-65, employed by a local or regional board of education shall complete the (A) training regarding the prevention and identification of, and response to, child sexual abuse and assault, (B) bystander training program, and (C) appropriate interaction with children training program, in accordance with the provisions of section 17a-101q. Each such employee shall repeat such training at least once every three years.

(4) The principal for each school under the jurisdiction of a local or regional board of education shall annually certify to the superintendent for the board of education that each school employee, as defined in section 53a-65, working at such school, is in compliance with the provisions of this subsection. The superintendent shall certify such compliance to the State Board of Education.

(P.A. 96-246, S. 11; P.A. 97-319, S. 14, 22; P.A. 00-220, S. 30, 43; P.A. 01-142, S. 5; 01-173, S. 43, 44, 67; P.A. 03-168, S. 7; P.A. 05-246, S. 17; 05-257, S. 2; June 19 Sp. Sess. P.A. 09-1, S. 17; P.A. 11-93, S. 4; P.A. 12-82, S. 11; 12-116, S. 48; P.A. 14-186, S. 7; P.A. 15-205, S. 6; P.A. 17-81, S. 6; 17-237, S. 97; P.A. 22-87, S. 5.)

History: P.A. 97-319 amended Subsecs. (a) and (b) by adding provisions re notification by the commissioner to the superintendent or executive director of finding of abuse by employee and by adding provisions re disclosure of records, effective July 1, 1997; P.A. 00-220 amended Subsecs. (a) and (c) to expand the applicability of section to include school employees who hold permits or authorizations, made conforming and technical changes in Subsec. (a) and added reference re violation of Sec. 53-21 in Subsec. (c), effective July 1, 2000; P.A. 01-142 amended Subsec. (b) by adding provision re notification by commissioner of state agency issuing professional license to any staff member of investigation of such staff member re abuse of child; P.A. 01-173 amended Subsecs. (a) and (d) to make technical changes for purposes of gender neutrality, effective July 1, 2001; P.A. 03-168 amended Subsec. (b) to expand references to certification to include permits and authorizations issued by the State Board of Education, effective July 1, 2003; P.A. 05-246 added provision re commissioner's recommending that school employee be placed on child abuse and neglect registry in Subsec. (a), effective January 1, 2006; P.A. 05-257 amended Subsec. (a) by making a technical change, by limiting time for notification to not later than five working days after finding and by requiring commissioner to provide notice regardless of whether child was a student in employing school or district, effective January 1, 2006; June 19 Sp. Sess. P.A. 09-1 made a technical change in Subsec. (a), effective July 1, 2009; P.A. 11-93 amended Subsec. (a) by adding requirement that Commissioner of Children and Families provide notice when child has been neglected by a school employee, adding definition of school employee, adding requirement that Commissioner of Children and Families notify Commissioner of Education of investigation findings and provide records, adding requirement that superintendent notify Commissioner of Education when school employee resigns, and making technical and conforming changes, amended Subsec. (b) by adding requirement that staff member be suspended within 5 working days of completion of investigation, adding requirement that staff member be suspended when child has been neglected by the staff member, deleting requirement that Commissioner of Children and Families notify staff person's employing executive director and provide records to the executive director, adding as a condition for suspension Commissioner of Children and Families' recommendation of placement on the child abuse and neglect registry, adding provision for appeal of suspension, adding requirement that commissioner notify the state licensing agency of staff member's suspension if the institution, school or facility holds state-issued license and making conforming changes, amended Subsec. (c) by adding definition of school employee, amended Subsec. (e) by replacing “1997” with “2012”, adding requirement that the policy be adopted in accordance with Sec. 17a-101(e) and adding provision re distribution of policy and added Subsec. (f) re training program, effective July 1, 2011 (Revisor's note: In Subsec. (b)(2), a reference to Sec. 17a-101h was changed editorially by the Revisors to Sec. 17a-101k for accuracy); P.A. 12-82 made a technical change in Subsec. (e); P.A. 12-116 made a technical change in Subsec. (a), effective July 1, 2012; P.A. 14-186 amended Subsec. (a) by requiring Commissioner of Children and Families to provide notice to the superintendent and Commissioner of Education not later than 5 working days after investigating report of abuse or neglect by a school employee, deleting reference to commissioner's reasonable cause to believe, deleting provision re school employee entrustment of care and credentials and provision re commissioner's recommendation to place employee on child abuse and neglect registry, and replacing provision re mandatory suspension with provision re circumstances in which the superintendent shall suspend the school employee, amended Subsec. (b) by requiring commissioner to provide notice to a staff member's employer not later than 5 working days after investigating report of abuse or neglect by the staff member, and made technical changes; P.A. 15-205 amended Subsec. (a) to redesignate existing Subdivs. (1) and (2) as Subdiv. (1)(A) and (B), add new Subdiv. (2) re victim, add provision re employment following termination or suspension and add references to victim described in Sec. 17a-101a(a)(2), amended Subsec. (c) to add references to Secs. 17a-101a(b)(2), 53a-70, 53a-70a, 53a-72a and 53a-72b and add provision re violation of Sec. 53a-73a against any person, amended Subsec. (e) to replace “2012” with “2016” and add references to neglect and to Secs. 53-70, 53a-70a, 53a-71, 53a-72a, 53a-72b and 53a-73a, amended Subsec. (f) to add Subdiv. (3) re certification of compliance, and made technical and conforming changes; P.A. 17-81 amended Subsec. (b) by redesignating provision re commissioner to notify state agency responsible for issuing license, certificate, approval or authorization as new Subsec. (c) and amending same by adding references to school employee and provision re notice of results of investigation, redesignated existing Subsecs. (c) to (f) as Subsecs. (d) to (g), amended redesignated Subsec. (f) by replacing “17a-101i” with “17a-101a” and made technical and conforming changes, effective July 1, 2017; P.A. 17-237 amended Subsec. (a) by replacing “technical high school system” with “Technical Education and Career System”, effective July 1, 2017; P.A. 22-87 amended Subsec. (f) by designating existing provisions as Subdiv. (1) and amended same by replacing “shall be distributed annually” with “shall annually be distributed electronically” and adding Subdivs. (2) and (3) re electronic distribution of guidelines regarding identifying and reporting child sexual abuse and information regarding the sexual abuse and assault awareness and prevention program, respectively, and amended Subsec. (g) by adding new Subdiv. (3) re school employees to complete training programs and redesignating existing Subdiv. (3) as Subdiv. (4), effective July 1, 2022.

Sec. 17a-101j. Notification of law enforcement and prosecutorial authorities when reasonable belief of sexual abuse or serious physical abuse. Notification of agency responsible for licensure of institution or facility where abuse or neglect has occurred. Notification of Probate Court when allegation against guardian or individual who resides in household of guardian has been substantiated. Referral of parent or guardian for substance abuse treatment. (a) After the investigation has been completed and the Commissioner of Children and Families has reasonable cause to believe that sexual abuse or serious physical abuse of a child has occurred, the commissioner shall notify the appropriate local law enforcement authority and the Chief State's Attorney or the Chief State's Attorney's designee or the state's attorney for the judicial district in which the child resides or in which the abuse or neglect occurred of such belief and shall provide a copy of the report required in sections 17a-101a to 17a-101c, inclusive, and 17a-103.

(b) Whenever a report has been made pursuant to sections 17a-101a to 17a-101c, inclusive, and 17a-103, alleging that abuse or neglect has occurred at an institution or facility that provides care for children and is subject to licensure by the state for the caring of children, and the Commissioner of Children and Families, after investigation, has reasonable cause to believe abuse or neglect has occurred, the commissioner shall forthwith notify the state agency responsible for such licensure of such institution or facility and provide records, whether or not created by the department, concerning such investigation.

(c) If, after the investigation is completed, the commissioner substantiates an allegation of abuse or neglect against an individual who has been appointed guardian of a child by the Probate Court, the commissioner shall notify the Probate Court of such substantiation.

(d) If, after the investigation is completed, the commissioner substantiates an allegation of abuse or neglect against an individual who resides in the household of a guardian appointed by the Probate Court for a child, the commissioner shall notify the Probate Court of such substantiation.

(e) If, after the investigation is completed, the commissioner determines that a parent or guardian inflicting abuse or neglecting a child is in need of treatment for substance abuse, the commissioner shall refer such person to appropriate treatment services.

(f) For purposes of this section, “child” includes any victim described in subdivision (2) of subsection (a) of section 17a-101a.

(P.A. 96-246, S. 12; P.A. 97-319, S. 15, 22; P.A. 02-138, S. 16; P.A. 15-205, S. 7; P.A. 16-124, S. 4; P.A. 19-47, S. 2.)

History: P.A. 97-319 amended Subsecs. (a) and (b) by deleting reference to “section 17a-101a” and substituting reference to reports made under Secs. 17a-101a to 17a-101c, inclusive, and Sec. 17a-103 and made technical changes in Subsecs. (a) and (b), effective July 1, 1997; P.A. 02-138 amended Subsec. (a) to reposition language and make technical changes, amended Subsec. (b) to make a technical change and amended Subsec. (c) to replace “the person” with “a parent or guardian”; P.A. 15-205 added Subsec. (d) re meaning of “child”; P.A. 16-124 added new Subsec. (c) re notification of Probate Court when allegation of abuse or neglect against a guardian appointed by Probate Court has been substantiated and redesignated existing Subsecs. (c) and (d) re determination that parent or guardian in need of substance abuse treatment and re term “child” includes victim described in Sec. 17a-101a(a)(2), respectively, as Subsecs. (d) and (e); P.A. 19-47 added new Subsec. (d) re notification of Probate Court when allegation of abuse or neglect against individual who resides in household of guardian has been substantiated and redesignated existing Subsecs. (d) and (e) as Subsecs. (e) and (f), effective January 1, 2020.

Sec. 17a-101k. Registry of findings of abuse or neglect of children maintained by Commissioner of Children and Families. Notice of finding of abuse or neglect of child. Appeal of finding. Hearing procedure. Appeal after hearing. Confidentiality. Regulations. (a) The Commissioner of Children and Families shall maintain a registry of the commissioner's findings of abuse or neglect of children pursuant to section 17a-101g that conforms to the requirements of this section. The regulations adopted pursuant to subsection (i) of this section shall provide for the use of the registry on a twenty-four-hour daily basis to prevent or discover abuse of children and the establishment of a hearing process for any appeal by a person of the commissioner's determination that such person is responsible for the abuse or neglect of a child pursuant to subsection (b) of section 17a-101g. The information contained in the registry and any other information relative to child abuse, wherever located, shall be confidential, subject to such statutes and regulations governing their use and access as shall conform to the requirements of federal law or regulations. Any violation of this section or the regulations adopted by the commissioner under this section shall be punishable by a fine of not more than one thousand dollars or imprisonment for not more than one year.

(b) Upon the issuance of a recommended finding that an individual is responsible for abuse or neglect of a child pursuant to subsection (b) of section 17a-101g, the commissioner shall provide notice of the finding, by first class mail, not later than five business days after the issuance of such finding, to the individual who is alleged to be responsible for the abuse or neglect. The notice shall:

(1) Contain a short and plain description of the finding that the individual is responsible for the abuse or neglect of a child;

(2) Inform the individual of the existence of the registry and of the commissioner's intention to place the individual's name on the registry unless such individual exercises his or her right to appeal the recommended finding as provided in this section;

(3) Inform the individual of the potential adverse consequences of being listed on the registry, including, but not limited to, the potential effect on the individual obtaining or retaining employment, licensure or engaging in activities involving direct contact with children and inform the individual of the individual's right to administrative procedures as provided in this section to appeal the finding; and

(4) Include a written form for the individual to sign and return, indicating if the individual will invoke the appeal procedures provided in this section.

(c) (1) Following a request for appeal, the commissioner or the commissioner's designee shall conduct an internal review of the recommended finding to be completed no later than thirty days after the request for appeal is received by the department. The commissioner or the commissioner's designee shall review all relevant information relating to the recommended finding, to determine whether the recommended finding is factually or legally deficient and ought to be reversed. Prior to the review, the commissioner shall provide the individual access to all relevant documents in the possession of the commissioner regarding the finding of responsibility for abuse or neglect of a child, as provided in section 17a-28.

(2) The individual or the individual's representative may submit any documentation that is relevant to a determination of the issue and may, at the discretion of the commissioner or the commissioner's designee, participate in a telephone conference or face-to-face meeting to be conducted for the purpose of gathering additional information that may be relevant to determining whether the recommended finding is factually or legally deficient.

(3) If the commissioner or the commissioner's designee, as a result of the prehearing review, determines that the recommended finding of abuse or neglect is factually or legally deficient, the commissioner or the commissioner's designee shall so indicate, in writing, and shall reverse the recommended finding. The commissioner shall send notice to the individual by certified mail of the commissioner's decision to reverse or maintain the finding not later than five business days after the decision is made. If the finding is upheld, the notice shall be made in accordance with section 4-177 and shall notify the individual of the right to request a hearing. The individual may request a hearing not later than thirty days after receipt of the notice. The hearing shall be scheduled not later than thirty days after receipt by the commissioner of the request for a hearing, except for good cause shown by either party.

(d) (1) The hearing procedure shall be conducted in accordance with the procedures for contested cases pursuant to sections 4-177 to 4-181a, inclusive.

(2) At the hearing, the individual may be represented by legal counsel. The burden of proof shall be on the commissioner to prove that the finding is supported by a fair preponderance of the evidence submitted at the hearing.

(3) Not later than thirty days after the conclusion of the hearing, the hearing officer shall issue a written decision to either reverse or uphold the finding. The decision shall contain findings of fact and a conclusion of law on each issue raised at the hearing.

(e) Any individual aggrieved by the decision of the hearing officer may appeal the decision in accordance with section 4-183. Such individual may also seek a stay of the adverse decision of the hearing officer in accordance with subsection (f) of section 4-183.

(f) Following the issuance of a decision to uphold the finding and absent any stay of that decision issued by the commissioner or the court, the commissioner shall accurately reflect the information concerning the finding in the child abuse and neglect registry maintained pursuant to subsection (a) of this section and shall, in accordance with section 17a-101g, forward to any agency or official the information required to be disclosed pursuant to any provision of the general statutes.

(g) Any individual against whom a finding of abuse or neglect was substantiated prior to May 1, 2000, and who has not previously appealed such finding, may appeal such finding as provided in this section.

(h) Records containing unsubstantiated findings and records relating to family assessment cases shall remain sealed, except that such records shall be made available to department employees in the proper discharge of their duties and shall be expunged by the commissioner five years from the completion date of the investigation or the closure of the family assessment case, whichever is later, if no further report is made about the individual subject to the investigation or the family subject to the assessment, except that if the department receives more than one report on an individual subject to investigation or a family subject to assessment and each report is unsubstantiated, all reports and information pertaining to the individual or family shall be expunged by the commissioner five years from the completion date of the most recent investigation.

(i) Not later than July 1, 2006, the Commissioner of Children and Families shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

(P.A. 96-246, S. 14; P.A. 97-319, S. 16, 22; June 18 Sp. Sess. P.A. 97-2, S. 142, 165; P.A. 01-142, S. 2; P.A. 05-207, S. 1; P.A. 11-167, S. 2; P.A. 13-54, S. 2.)

History: P.A. 97-319 added reference to reports made under Sec. 17a-101k and made technical change, effective July 1, 1997 (Revisor's note: Existing provisions were designated editorially by the Revisors as Subsec. (a) and section 142 of June 18 Sp. Sess. P.A. 97-2, effective July 1, 1997, was added editorially as Subsec. (b)); P.A. 01-142 amended Subsec. (a) by adding provision requiring that regulations to implement section include establishment of hearing process for appeal by person of determination of commissioner that such person is responsible for the abuse or neglect of child; P.A. 05-207 required Commissioner of Children and Families to maintain registry of findings of child abuse or neglect, rather than of reports received, and made conforming and technical changes in Subsec. (a), added notice provisions in new Subsec. (b), specified appeal procedures in new Subsec. (c), specified hearing procedures in new Subsec. (d), specified procedure re hearing decision appeals and stays in new Subsec. (e), added provisions re information reflected in registry and required disclosure in new Subsec. (f), granted right to appeal re findings prior to May 1, 2000, in new Subsec. (g), specified confidentiality requirements in new Subsec. (h), required Commissioner of Children and Families to adopt regulations in new Subsec. (i) and deleted former Subsec. (b) re release of information to Commissioner of Social Services for use in evaluating temporary family assistance program; P.A. 11-167 amended Subsec. (c)(1) by replacing reference to Sec. 17a-28(m) with reference to Sec. 17a-28; P.A. 13-54 amended Subsec. (h) to add provisions re records relating to family assessment cases.

See Sec. 17a-6a re criminal history records checks and child abuse registry checks on applicants for positions with Department of Children and Families.

See Sec. 17a-114 re criminal history records checks and child abuse registry checks on persons sixteen years of age or older living in households of child placement applicants.

Parent's request of police report pertaining to alleged sexual abuse of parent's child is not to be construed as an implicit waiver of confidentiality provisions set forth in statute. 104 CA 150.

Sec. 17a-101l. Visitation centers. The Commissioner of Children and Families shall, within available resources, establish visitation centers for the purpose of facilitating visits between children in the custody of the commissioner and those family members who are subject to supervised visitation. Such center shall provide a secure facility for supervised visitation or the transfer of custody of such children for visitation.

(P.A. 96-246, S. 26.)

See Sec. 51-6b re identification of additional secure child visitation centers by Chief Court Administrator.

Sec. 17a-101m. Identification of relatives when child removed from parent's or guardian's custody. Notification of relatives. Immediately upon the removal of a child from the custody of the child's parent or guardian pursuant to subsection (e) of section 17a-101g or section 46b-129, the Commissioner of Children and Families shall exercise due diligence to identify all adult grandparents and other adult relatives of the child, including any adult relatives suggested by the parents, subject to exceptions due to family or domestic violence. Not later than thirty days after the removal, the commissioner shall provide such grandparents and other relatives with notice that (1) the child has been or is being removed from the custody of the child's parent or guardian; (2) explains the options that the relative has under federal, state and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice; (3) describes the requirements (A) to obtain a foster care license pursuant to section 17a-114, and (B) for additional services and supports that are available for children placed in such a home; and (4) describes the subsidized guardianship program under section 17a-126, including (A) eligibility requirements, (B) the process for applying to the program, and (C) financial assistance available under the program.

(P.A. 09-185, S. 9.)

History: P.A. 09-185 effective July 1, 2009.

Sec. 17a-101n. Collection and analysis of data re percentage of abuse and neglect cases involving substance abuse. Reduction strategies. The Department of Children and Families shall collect and analyze data to determine the percentage of the department's cases of child abuse and neglect that involve a parent or guardian with a substance abuse problem and utilize such data to develop strategies to reduce the number of such cases in the future.

(P.A. 09-205, S. 10.)

History: P.A. 09-205 effective July 1, 2009.

Sec. 17a-101o. School employee failure or delay in reporting child abuse or neglect. Policy re delayed report by mandated reporters. (a) If the Commissioner of Children and Families suspects or knows that a mandated reporter, as defined in section 17a-101, employed by a local or regional board of education, has failed to make a report that a child has been abused or neglected or placed in immediate risk of serious harm within the time period prescribed in sections 17a-101a to 17a-101d, inclusive, and section 17a-103, the commissioner shall make a record of such delay and develop and maintain a database of such records. The commissioner shall investigate such delayed reporting. Such investigation shall be conducted in accordance with the policy developed in subsection (b) of this section, and include the actions taken by the employing local or regional board of education or superintendent of schools for the district in response to such employee's failure to report.

(b) The Department of Children and Families shall develop a policy for the investigation of delayed reports by mandated reporters. Such policy shall include, but not be limited to, when referrals to the appropriate law enforcement agency for delayed reporting are required and when the department shall require mandated reporters who have been found to have delayed making a report to participate in the educational and training program pursuant to subsection (b) of section 17a-101a.

(c) For purposes of this section, “child” includes any victim described in subdivision (2) of subsection (a) of section 17a-101a.

(P.A. 11-93, S. 7; P.A. 12-82, S. 12; P.A. 15-205, S. 8.)

History: P.A. 11-93 effective July 1, 2011; P.A. 12-82 amended Subsec. (b) by substituting “subsection (b) of section 17a-101a” for “subsection (d) of section 17a-101”; P.A. 15-205 added Subsec. (c) re meaning of “child”.

Sec. 17a-101p. Reports by persons not designated as mandated reporters. Notice to Commissioner of Education. When the Commissioner of Children and Families receives a report from a person not designated as a mandated reporter pursuant to section 17a-101 that such person has reasonable cause to suspect or believe that any child under the age of eighteen years (1) has been abused or neglected, as defined in section 46b-120, (2) has had nonaccidental physical injury, or injury which is at variance with the history given of such injury, inflicted upon such child, or (3) is placed at imminent risk of serious harm by a school employee, as defined in section 53a-65, holding a certificate, authorization or permit issued by the State Board of Education under the provisions of sections 10-144o to 10-146b, inclusive, and section 10-149, a copy of such report shall be sent by the Commissioner of Children and Families to the Commissioner of Education.

(P.A. 11-93, S. 10.)

History: P.A. 11-93 effective July 1, 2011.

Sec. 17a-101q. State-wide sexual abuse and assault awareness and prevention program. (a) Not later than July 1, 2023, the Department of Children and Families, in collaboration with the Department of Education and Connecticut Alliance to End Sexual Violence, or a similar entity, shall identify or develop a state-wide sexual abuse and assault awareness and prevention program for use by local and regional boards of education. Such program shall be implemented in each local and regional school district and shall include:

(1) For school employees, as defined in section 53a-65, instructional modules that may include, but not be limited to, (A) training regarding the prevention and identification of, and response to, child sexual abuse and assault, (B) resources to further student, teacher and parental awareness regarding child sexual abuse and assault and the prevention of such abuse and assault, (C) bystander training program, and (D) appropriate interaction with children training program;

(2) For students, age-appropriate educational materials designed for children in grades kindergarten to twelve, inclusive, regarding child sexual abuse and assault awareness and prevention that may include, but not be limited to, (A) the skills to recognize (i) child sexual abuse and assault, (ii) boundary violations and unwanted forms of touching and contact, and (iii) ways offenders groom or desensitize victims, and (B) strategies to (i) promote disclosure, (ii) reduce self-blame, and (iii) mobilize bystanders; and

(3) A uniform child sexual abuse and assault response policy and reporting procedure that may include, but not be limited to, (A) actions that child victims of sexual abuse and assault may take to obtain assistance, (B) intervention and counseling options for child victims of sexual abuse and assault, (C) access to educational resources to enable child victims of sexual abuse and assault to succeed in school, and (D) uniform procedures for reporting instances of child sexual abuse and assault to school staff members.

(b) For the school year commencing July 1, 2023, and each school year thereafter, each local and regional board of education shall implement the sexual abuse and assault awareness and prevention program identified or developed pursuant to subsection (a) of this section.

(c) No student in grades kindergarten to twelve, inclusive, shall be required by any local or regional board of education to participate in the sexual abuse and assault awareness and prevention program offered within the public schools. A written notification to the local or regional board of education by the student's parent or legal guardian shall be sufficient to exempt the student from such program in its entirety or from any portion thereof so specified by the parent or legal guardian.

(d) If a student is exempted from the sexual abuse and assault awareness and prevention program pursuant to subsection (c) of this section, the local or regional board of education shall provide, during the period of time in which the student would otherwise be participating in such program, an opportunity for other study or academic work.

(P.A. 14-196, S. 1; June Sp. Sess. P.A. 15-5, S. 415; P.A. 18-83, S. 2; P.A. 22-87, S. 6.)

History: P.A. 14-196 effective July 1, 2014; June Sp. Sess. P.A. 15-5 amended Subsecs. (a) and (b) to change “2015” to “2016”, effective June 30, 2015; P.A. 18-83 amended Subsec. (a) to replace “Connecticut Sexual Assault Crisis Services, Inc.” with “Connecticut Alliance to End Sexual Violence”, effective July 1, 2018; P.A. 22-87 amended Subsec. (a) by replacing “July 1, 2016” with “July 1, 2023” and replacing “teachers” with “school employees, as defined in section 53a-65” and adding Subparas. (C) and (D) re bystander training program and appropriate interaction with children training program, respectively, in Subdiv. (1), and amended Subsec. (b) by replacing “Not later than October 1, 2016” with “For the school year commencing July 1, 2023, and each school year thereafter”, effective July 1, 2022.

Sec. 17a-101r. Guidelines for appropriate interaction with youth athletes and identifying and reporting child sexual abuse. Distribution. (a) As used in this section:

(1) “Operator” has the same meaning as provided in section 21a-432;

(2) “Youth athletic activity” has the same meaning as provided in section 21a-432;

(3) “Youth camp” has the same meaning as provided in section 19a-420; and

(4) “Youth coach” means any person who (A) holds or is issued a coaching permit by the State Board of Education, or (B) volunteers or is paid to act as a head coach, manager or instructor or an assistant coach, assistant manager or assistant instructor of a youth athletic activity.

(b) (1) Not later than December 1, 2021, the Governor's task force on justice for abused children, in collaboration with a national association of adult survivors of child abuse, shall (A) develop guidelines that provide instruction and best practices to youth coaches concerning ways to appropriately interact with youth athletes, and (B) make such guidelines available on the task force's Internet web site.

(2) Not later than January 1, 2022, and annually thereafter, each operator shall distribute a copy of the guidelines developed pursuant to subdivision (1) of this subsection to each youth coach for such operator. Such distribution may occur by electronic mail.

(c) (1) Not later than December 1, 2021, the Governor's task force on justice for abused children, in collaboration with a national association of adult survivors of child abuse, shall (A) develop guidelines that describe (i) the stages of grooming typically employed by those who engage in child sexual abuse, (ii) behaviors that victims of child sexual abuse may engage in or exhibit as the result of such sexual abuse, (iii) for victims of child sexual abuse, how to tell a parent or other adult that such sexual abuse has occurred, and (iv) how to contact the appropriate authorities if child sexual abuse has occurred, and (B) make such guidelines available on the task force's Internet web site.

(2) On and after January 1, 2022, upon the enrollment or registration of any participant in a youth athletic activity, each operator shall distribute a copy of the guidelines developed pursuant to subdivision (1) of this subsection to the parent or guardian of such participant. Such distribution may occur by electronic mail.

(3) On and after January 1, 2022, upon the enrollment or registration of any child in a youth camp, the licensee of such youth camp shall distribute a copy of the guidelines developed pursuant to subdivision (1) of this subsection to the parent or guardian of such child. Such distribution may occur by electronic mail.

(P.A. 21-64, S. 1.)

History: P.A. 21-64 effective June 24, 2021.

Sec. 17a-101s. Availability of training materials re child sexual abuse to youth-serving and religious organizations. On and after July 1, 2023, the Department of Children and Families shall make available, upon request of a youth-serving organization or religious organization, any materials relating to the training regarding the prevention and identification of, and response to, child sexual abuse and assault, bystander training program and the appropriate interaction with children training program described in section 17a-101q.

(P.A. 22-87, S. 7.)

History: P.A. 22-87 effective July 1, 2022.

Sec. 17a-102. (Formerly Sec. 17-38b). Report of danger of abuse. Section 17a-102 is repealed.

(P.A. 73-205, S. 2; P.A. 75-420, S. 4, 6; P.A. 77-308, S. 2, 4; 77-614, S. 521, 610; P.A. 79-631, S. 61, 111; P.A. 93-91, S. 1, 2; P.A. 96-246, S. 38.)

Sec. 17a-102a. Education and training for nurses and birthing hospital staff caring for high-risk newborns re responsibilities as mandated reporters of child abuse and neglect. Information dissemination. Development of guidelines for safe care of newborns. Notification to Department of Children and Families re symptoms consistent with prenatal substance exposure, withdrawal or fetal alcohol spectrum disorder. Definitions. (a) Each birthing hospital shall provide education and training for nurses and other staff who care for high-risk newborns on the roles and responsibilities of such nurses and other staff as mandated reporters of potential child abuse and neglect under section 17a-101.

(b) The Department of Children and Families shall coordinate with each birthing hospital in the state to disseminate information regarding (1) procedures for the principal providers of daily direct care of high-risk newborns in birthing hospitals to participate in the discharge planning process, and (2) ongoing department functions concerning high-risk newborns.

(c) Not later than January 1, 2019, the Commissioner of Children and Families shall, in consultation with other departments, agencies or entities concerned with the health and well-being of children, develop guidelines for the safe care of newborns who exhibit physical, neurological or behavioral symptoms consistent with prenatal substance exposure, withdrawal symptoms from prenatal substance exposure or fetal alcohol spectrum disorder. Such guidelines shall include, but are not limited to, instructions to providers regarding such providers' participation in the discharge planning process, including the creation of written plans of safe care, which shall be developed between such providers and mothers of such newborns as part of such process.

(d) A provider involved in the delivery or care of a newborn who, in the estimation of such provider, exhibits physical, neurological or behavioral symptoms consistent with prenatal substance exposure, withdrawal symptoms from prenatal substance exposure or fetal alcohol spectrum disorder shall notify the Department of Children and Families of such condition in such newborn. Such notice shall be made in a form and manner prescribed by the Commissioner of Children and Families and in addition to any applicable reporting requirements pursuant to chapter 319a. On and after January 15, 2019, such notice shall include a copy of the plan of safe care created pursuant to the guidelines developed pursuant to subsection (c) of this section.

(e) For purposes of this section:

(1) “Birthing hospital” means a health care facility, as defined in section 19a-630, operated and maintained in whole or in part for the purpose of caring for women during delivery of a child and for women and their newborns following birth;

(2) “High-risk newborn” means any newborn identified as such under any regulation or policy of the Department of Children and Families; and

(3) “Provider” means any person licensed pursuant to chapter 370, 377 or 378.

(P.A. 01-190; P.A. 11-120, S. 3; P.A. 18-111, S. 5.)

History: P.A. 11-120 amended Subsec. (b) by replacing provision re adoption of regulations with provision requiring department to coordinate with birthing hospitals to disseminate information re discharge planning process and department functions, effective July 1, 2011; P.A. 18-111 amended Subsec. (b) by designating existing provision re procedures for principal providers as Subdiv. (1), designating existing provision re ongoing department functions as Subdiv. (2), and making technical changes, added new Subsec. (c) re development of guidelines, added Subsec. (d) re provider involved in delivery or care of newborn exhibiting certain symptoms to notify department of condition, redesignated existing Subsec. (c) re definitions as Subsec. (e) and amending same to designate provision defining “birthing hospital” as Subdiv. (1), designating provision defining “high-risk newborn” as Subdiv. (2), adding Subdiv. (3) defining provider, and making conforming changes, effective July 1, 2018.

Sec. 17a-103. (Formerly Sec. 17-38c). Reports by others. False reports. Notification to law enforcement agency. (a) Any mandated reporter acting outside his or her professional capacity and any other person having reasonable cause to suspect or believe that any child under the age of eighteen is in danger of being abused, or has been abused or neglected, as defined in section 46b-120, may cause a written, oral or electronic report to be made to the Commissioner of Children and Families or the commissioner's designee or a law enforcement agency. An electronic report made pursuant to this subsection shall be made in a manner prescribed by the commissioner. The commissioner or the commissioner's designee shall use his or her best efforts to obtain the name and address of a person who causes a report to be made pursuant to this section. In the case of an oral report, such report shall be recorded on tape and the commissioner or the commissioner's designee shall announce to the person making such report that such report is being recorded and shall state the penalty for knowingly making a false report of child abuse or neglect under subsection (d) of section 17a-101e.

(b) Notwithstanding the provisions of section 17a-101k, if the identity of any such person who made a report pursuant to subsection (a) of this section is known, and the commissioner or the commissioner's designee suspects or knows that such person has knowingly made a false report, such identity shall be disclosed to the appropriate law enforcement agency and to the perpetrator of the alleged abuse.

(c) If the commissioner, or the commissioner's designee, receives a report alleging sexual abuse or serious physical abuse, including, but not limited to, a report that: (1) A child has died; (2) a child has been sexually assaulted; (3) a child has suffered brain damage, loss or serious impairment of a bodily function or organ; (4) a child has been sexually exploited; or (5) a child has suffered serious nonaccidental physical injury, he or she shall, within twenty-four hours of receipt of such report, notify the appropriate law enforcement agency.

(P.A. 73-205, S. 3; P.A. 75-420, S. 4, 6; P.A. 77-308, S. 3, 4; 77-614, S. 521, 610; P.A. 79-631, S. 62, 111; P.A. 93-91, S. 1, 2; P.A. 96-246, S. 7; P.A. 97-319, S. 17, 22; P.A. 12-82, S. 13; P.A. 16-28, S. 30; P.A. 18-67, S. 7.)

History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-308 referred to suspicion of abuse or neglect and required report of cases where there is “danger” of abuse or neglect as well as actual abuse or neglect; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced human resources commissioner with commissioner of children and youth services; Sec. 17-38c transferred to Sec. 17a-103 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-246 changed “shall immediately” to “as defined in section 46b-120, may”, deleted language re contents of written or oral report, investigation and immunity and added language requiring Commissioner of Children and Families to use best efforts to obtain identity of reporters; P.A. 97-319 designated existing section as Subsec. (a) and applied Subsec. (a) to any mandated reporter acting outside of professional capacity and added new Subsec. (b) re disclosure of name of person who knowingly made a false report and new Subsec. (c) re modification within 24 hours of receipt of report, effective July 1, 1997; P.A. 12-82 made a technical change in Subsec. (a); P.A. 16-28 made technical changes; P.A. 18-67 amended Subsec. (a) by changing “written or oral report” to “written, oral or electronic report” and adding provision re electronic reports to be made in a manner prescribed by commissioner, and replacing “representative” with “designee”, effective October 1, 2019.

Cited. 26 CA 58.

Sec. 17a-103a. Telephone Careline to receive reports of child abuse or neglect. The Commissioner of Children and Families shall establish and operate the telephone Careline for child abuse and neglect that shall be dedicated to receive reports of child abuse or neglect and to provide information concerning child abuse or neglect. The Careline shall accept all reports of child abuse or neglect regardless of the relationship of the alleged perpetrator to the child who is the alleged victim and regardless of the alleged perpetrator's affiliation with any organization or other entity in any capacity. The commissioner shall classify and evaluate all reports pursuant to the provisions of section 17a-101g.

(P.A. 97-319, S. 20, 22; P.A. 02-138, S. 17; P.A. 16-188, S. 3.)

History: P.A. 97-319 effective July 1, 1997; P.A. 02-138 required the hotline to accept all reports regardless of the alleged perpetrator's relationship to the child and the alleged perpetrator's affiliation with any organization or other entity and required the commissioner to classify and evaluate all reports pursuant to Sec. 17a-101g; P.A. 16-188 replaced references to hotline with references to Careline, added references to neglect and provision re Careline to provide information concerning child abuse or neglect, and made conforming changes, effective June 9, 2016.

Sec. 17a-103b. Notice to parent or guardian of investigation or substantiated complaint of child abuse or neglect. (a) Upon the opening of an investigation concerning the alleged abuse or neglect of a child, the Department of Children and Families shall give, when deemed to be in the best interests of the child, notice to the noncustodial parent, custodial parent, guardian of the child and parents if the Department of Children and Families has custody of a child, unless there are reasonable grounds to believe such notice may interfere with a criminal investigation or endanger a person. Such notice shall include (1) the allegation in the complaint, (2) the availability of services from the department, including, but not limited to, child care subsidies and emergency shelter, and (3) the programs of the Office of Victim Services and information on obtaining a restraining order. The notice shall also inform the recipient that such child may be removed from the custody of the custodial parent by the department if such removal is authorized under the general statutes. The department shall employ all reasonable efforts to provide such notice in English or the principal language of the recipient, if known, verbally as soon as practicable after the opening of such investigation or in writing not later than five business days after the opening of such investigation.

(b) Upon a substantiated complaint of abuse or neglect of a child having a single custodial parent or a guardian, the Department of Children and Families shall give, when deemed to be in the best interests of the child, to the noncustodial parent, custodial parent, guardian of the child, and parents if the Department of Children and Families has custody of a child, notice of (1) the circumstances of the complaint, including the name of the person who caused the abuse or neglect, (2) the availability of services from the department, including, but not limited to, child care subsidies and emergency shelter, and (3) the programs of the Office of Victim Services and information on obtaining a restraining order. The notice shall also inform the recipient that such child may be removed from the custody of the custodial parent by the department if such removal is authorized under the general statutes. The department shall employ all reasonable efforts to provide the notice not later than ten days after substantiation of a complaint.

(c) The written notice required under subsections (a) and (b) of this section shall be in English or the principal language of the recipient, if known, and be delivered (1) by certified mail, return receipt requested, directed to the last-known address of each recipient, or (2) by an agent of the department. In the case of personal delivery of written or verbal notice by an agent, written acknowledgment of such delivery shall be made by the recipient.

(P.A. 98-173; P.A. 99-85; P.A. 13-77, S. 1.)

History: P.A. 99-85 amended Subsec. (a) to require notice to a parent of a child if the Department of Children and Families has custody of the child and to require provision of notice within ten days if possible and amended Subsec. (b) to require the notice to be in English or the principal language of the recipient; P.A. 13-77 added new Subsec. (a) re notice to parents and guardians upon the opening of a child abuse or neglect investigation, redesignated existing Subsec. (a) as Subsec. (b) and amended same to add provisions re neglect, and redesignated existing Subsec. (b) as Subsec. (c) and amended same to add provisions re written or verbal notice and make a conforming change, effective July 1, 2013.

Sec. 17a-103c. Report of abuse or neglect re child committed as delinquent. Notification. Section 17a-103c is repealed, effective July 1, 2019.

(P.A. 02-127, S. 6; P.A. 04-48, S. 1; P.A. 19-120, S. 6.)

Sec. 17a-103d. Initial contact with parent or guardian. Written notice re parent or guardian rights. List of legal services. (a) Upon receiving a complaint of abuse or neglect of a child, the Department of Children and Families shall, at the time of any initial face-to-face contact with the child's parent or guardian on or after October 1, 2021, provide the parent or guardian with (1) written notice, in plain language, that: (A) The parent or guardian is not required to permit the representative of the department to enter the residence of the parent or guardian; (B) the parent or guardian is not required to speak with the representative of the department at that time; (C) the parent or guardian is entitled to seek the representation of an attorney and to have an attorney present when the parent or guardian is questioned by a representative of the department, including at any meeting conducted to determine whether the parent or guardian's child should be removed from the home; (D) any statement made by the parent, guardian or other family member may be used against the parent or guardian in an administrative or court proceeding; (E) the representative of the department is not an attorney and cannot provide legal advice to the parent or guardian; (F) the parent or guardian is not required to sign any document presented by the representative of the department, including, but not limited to, a release of claims or a service agreement, and is entitled to have an attorney review such document before agreeing to sign the document; and (G) a failure of the parent or guardian to communicate with a representative of the department may have serious consequences, which may include the department's filing of a petition for the removal of the child from the home of the parent or guardian, and therefore it is in the parent's or guardian's best interest to either speak with the representative of the department or immediately seek the advice of a qualified attorney; and (2) a list of providers of free and low-cost legal services through which the parent or guardian may obtain legal advice.

(b) The department shall make reasonable efforts to ensure that the notice and list provided to a parent or guardian pursuant to this section are written in a manner that will be understood by the parent or guardian, which reasonable efforts shall include, but not be limited to, ensuring that the notice and list are written in a language understood by the parent or guardian.

(c) The representative of the department shall request the parent or guardian to sign and date the notice described in subsection (a) of this section as evidence of having received the notice and list. If the parent or guardian refuses to sign and date the notice upon such request, the representative of the department shall specifically indicate on the notice that the parent or guardian was requested to sign and date the notice and refused to do so and the representative of the department shall sign the notice as witness to the parent's or guardian's refusal to sign the notice. The department shall provide the parent or guardian with a copy of the signed notice at the time of the department's initial face-to-face contact with the parent or guardian.

(P.A. 11-112, S. 1; P.A. 21-46, S. 23.)

History: P.A. 21-46 amended Subsec. (a) by substituting “October 1, 2021” for “October 1, 2011”, designating existing provision re written notice as Subdiv. (1), redesignated existing Subdivs. (1) to (7) as Subdivs. (1)(A) to (1)(G), adding provision specifying that parent or guardian may seek and have attorney present at meeting conducted to determine whether child should be removed from home in Subdiv. (1)(C), and adding Subdiv. (2) requiring provision of list of providers of free and low-cost legal services, amended Subsecs. (b) and (c) by adding references to list required by Subdiv. (2) and making conforming changes, effective July 1, 2021.

Sec. 17a-103e. Reports of child abuse and neglect by a school employee. Review of records and information. (a) The Department of Children and Families shall conduct, at least annually, random quality assurance reviews of reports and investigations that a child has been abused or neglected by a school employee, as defined in section 53a-65. If, as a result of such review, the department discovers any issues in any report or investigation, the department shall take any necessary action to correct or satisfy such problem or issue. The department shall use such reviews to assess the quality and conduct of such investigations.

(b) The Department of Children and Families shall review, at least annually, with the Department of Education all records and information relating to reports and investigations that a child has been abused and neglected by a school employee, as defined in section 53a-65, in the Department of Children and Families' possession to ensure that records and information are being shared properly. The departments shall address and correct any omissions or other problems in the records and information-sharing process of the departments.

(P.A. 11-93, S. 14.)

History: P.A. 11-93 effective July 1, 2011.

Sec. 17a-104. (Formerly Sec. 17-38d). Treatment by Christian Science practitioner. For the purposes of sections 17a-101 to 17a-103, inclusive, and section 46b-129a, the treatment of any child by a Christian Science practitioner in lieu of treatment by a licensed practitioner of the healing arts shall not of itself constitute maltreatment.

(P.A. 73-205, S. 8; P.A. 96-246, S. 27.)

History: Sec. 17-38d transferred to Sec. 17a-104 in 1991; P.A. 96-246 added references to Secs. 17a-101a to 17a-101e, inclusive, 17a-101f to 17a-101k, inclusive, and 46b-129a.

Cited. 26 CA 58.

Sec. 17a-105. (Formerly Sec. 17-38e). Temporary custody of abused child upon arrest of parent or guardian. Whenever any person is arrested and charged with an offense under section 53-20 or 53-21 or under part V, VI or VII of chapter 952, the victim of which offense was a minor residing with the defendant, any judge of the Superior Court may, if it appears that the child's condition or circumstances surrounding the child's case so require and that continuation in the home is contrary to the child's welfare, issue an order to the Commissioner of Children and Families to assume immediate custody of such child and, if the circumstances so require, any other children residing with the defendant and to proceed thereon as in cases reported under section 17a-101g. Upon the issuance of such order, or not later than sixty days after the issuance of such order, the court shall make a determination whether the Department of Children and Families made reasonable efforts to keep the child with his or her parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible, taking into consideration the child's best interests, including the child's health and safety.

(P.A. 73-205, S. 4; P.A. 74-183, S. 170, 291; 74-251, S. 5; 74-293, S. 4; P.A. 75-420, S. 4, 6; P.A. 76-436, S. 150, 681; P.A. 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 82-43, S. 5; P.A. 93-91, S. 1, 2; P.A. 96-246, S. 28; May 9 Sp. Sess. P.A. 02-7, S. 33.)

History: P.A. 74-183 deleted reference to 1969 supplement of general statutes and replaced circuit court with court of common pleas; P.A. 74-251 transferred powers of welfare commissioner to commissioner of children and youth services as of April 1, 1975; P.A. 74-293 allowed commissioner to take custody of other children residing with defendant; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 76-436 deleted reference to court of common pleas and replaced juvenile court with superior court, effective July 1, 1978; P.A. 77-614 and P.A. 78-303 would have replaced social services commissioner with commissioner of human resources but for applicable date (welfare commissioner should, in fact, have been retained because social services commissioner did not exist on April 1, 1975); P.A. 82-43 deleted obsolete references to social services commissioner's duties under section; Sec. 17-38e transferred to Sec. 17a-105 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-246 deleted reference to Sec. 17a-101(e) and provision re duration of order and added reference to Sec. 17a-101g; May 9 Sp. Sess. P.A. 02-7 added as a condition of issuing a custody order that it appear “that continuation in the home is contrary to the child's welfare” and added provision requiring the court upon the issuance of such order, or not later than 60 days thereafter, to make a determination whether the Department of Children and Families made reasonable efforts to keep the child with his or her parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible considering the best interests of the child, effective August 15, 2002.

Cited. 26 CA 58.

Sec. 17a-105a. Child abuse and neglect unit within Division of State Police to assist investigation of child abuse and neglect. There shall be within the Division of State Police within the Department of Emergency Services and Public Protection a child abuse and neglect unit which, within available resources, shall (1) at the request of the Commissioner of Children and Families or the head of the local law enforcement agency, or such person's designee, assist a multidisciplinary team established pursuant to section 17a-106a in the investigation of a report of child abuse or neglect, (2) investigate reports of crime involving child abuse or neglect in municipalities in which there is no organized police force, and (3) participate in a mutual support network that shares information and collaborates with local law enforcement agencies.

(P.A. 98-241, S. 17; P.A. 02-138, S. 18; P.A. 11-51, S. 134.)

History: P.A. 02-138 amended Subdiv. (1) to include a request made by the Commissioner of Children and Families, replace “such team” with “a multidisciplinary team established pursuant to section 17a-106a” and make a technical change for purposes of gender neutrality; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection”, effective July 1, 2011.

Sec. 17a-106. (Formerly Sec. 17-38f). Cooperation in relation to prevention, identification and investigation of child abuse and neglect. All law enforcement officials, courts of competent jurisdiction, school personnel and all appropriate state agencies providing human services in relation to preventing, identifying, and investigating child abuse and neglect shall cooperate toward the prevention, identification and investigation of child abuse and neglect.

(P.A. 75-384, S. 8, 9; P.A. 83-43; P.A. 96-194, S. 4.)

History: P.A. 83-43 added “school personnel”; Sec. 17-38f transferred to Sec. 17a-106 in 1991; P.A. 96-194 replaced references to treatment with references to investigation.

See Sec. 17a-47 re duties of legal division of Children and Families Department with regard to child abuse and neglect.

See Sec. 53a-196a re penalty for felony of employing minor in obscene performance.

Cited. 26 CA 58.

Sec. 17a-106a. Multidisciplinary teams. Purpose. Composition. Confidentiality. Records of meetings. (a) For purposes of this section, “children's advocacy center” means an entity accredited or granted associate or developing status by the National Children's Alliance that provides a child-focused, trauma-informed, facility-based program that fosters collaboration among members of a multidisciplinary team established pursuant to subsection (b) of this section for the purpose of interviewing or meeting with children and children's parents, guardians or other caregivers, in order to obtain information and provide such information to personnel charged with making decisions regarding the investigation and prosecution of allegations of child abuse or neglect or trafficking, as defined in section 46a-170, of children and the safety, treatment and provision of services to alleged victims of child abuse or neglect or trafficking of children.

(b) The Commissioner of Children and Families, as department head of the lead agency, and the appropriate state's attorney may establish multidisciplinary teams for the purposes of (1) reviewing particular cases or particular types of cases, (2) coordinating the intervention in and prevention of child abuse or neglect or trafficking of children and the treatment of abused, neglected or trafficked children in each judicial district, (3) reviewing selected cases of child abuse or neglect or trafficking of children, (4) advancing and coordinating the prompt investigation of suspected cases of child abuse or neglect or trafficking of children, (5) reducing the trauma experienced by alleged victims of such abuse or neglect or trafficking and, (6) ensuring the treatment of abused, neglected or trafficked children and the protection of such children and their families. The head of the local law enforcement agency or such head's designee may request the assistance of the Division of State Police within the Department of Emergency Services and Public Protection in order to accomplish such purposes.

(c) Each multidisciplinary team shall consist of at least one representative of each of the following: (1) The state's attorney of the judicial district of the multidisciplinary team, or such state's attorney's designee; (2) the Commissioner of Children and Families, or the commissioner's designee; (3) the heads of the local or state law enforcement agencies, or such heads' designees; (4) a health care professional with substantial experience in the diagnosis and treatment of abused or neglected children, who shall be designated by the multidisciplinary team members; (5) a member, where appropriate, of a youth service bureau; (6) a mental health professional with substantial experience in the treatment of abused or neglected children, who shall be designated by the multidisciplinary team members; (7) a forensic interviewer, who shall be designated by the multidisciplinary team members; (8) a victim advocate, who shall be designated by the multidisciplinary team members; and (9) any other appropriate individual with expertise in the welfare of children that the members of the multidisciplinary team deem necessary. Each multidisciplinary team shall select a chairperson. Each multidisciplinary team may invite experts to participate in the review of any case and may invite any other individual with particular information germane to the case to participate in such review, provided the expert or individual shall have the same protections and obligations under subsections (h) to (j), inclusive, of this section as members of the multidisciplinary team.

(d) The Governor's task force for justice for abused children, through the subcommittee comprised of individuals with expertise in the investigation of child abuse and neglect, shall: (1) Establish and modify standards to be observed by multidisciplinary teams; (2) review protocols of the multidisciplinary teams; and (3) monitor and evaluate multidisciplinary teams and make recommendations for modifications to the system of multidisciplinary teams.

(e) Children's advocacy centers may assist multidisciplinary teams by (1) providing safe, child and family-friendly settings that maintain the privacy of children and their families; (2) establishing policies and procedures that are culturally competent; (3) aiding in the development of written protocols for an interdisciplinary and coordinated approach to such investigations; (4) providing forensic interviews of children that (A) are conducted by a trained forensic interviewer, (B) are recorded, (C) solicit information in an unbiased, fact-finding manner that is culturally sensitive and appropriate for each child's developmental stage, and (D) may be observed by members of the multidisciplinary teams involved in such investigations whenever possible; (5) providing specialized medical evaluation and treatment, mental health services and support and advocacy services to children at such centers or through coordination with and referral to other appropriate providers of such services; (6) providing regular case review for the purpose of aiding in decision-making, problem solving, systems coordination and information sharing concerning the status of cases and the services required by children and their families; and (7) providing a tracking system for monitoring the progress and outcomes of cases.

(f) The state chapter of the National Children's Alliance and multidisciplinary teams may (1) coordinate and facilitate the exchange of information among children's advocacy centers; (2) provide technical assistance to municipalities in order to support the establishment, growth and accreditation of children's advocacy centers; (3) educate the public and the General Assembly on the needs of victims of child abuse or neglect or trafficking of children; (4) provide or coordinate multidisciplinary training opportunities that support a comprehensive response to allegations of child abuse or neglect or trafficking of children; and (5) submit a report annually to the Governor's task force on justice for abused children and the General Assembly concerning outcomes from each children's advocacy center.

(g) All criminal investigative work of multidisciplinary teams shall be undertaken by members of such multidisciplinary teams who are law enforcement officers and all child protection investigative work of such multidisciplinary teams shall be undertaken by members of such multidisciplinary teams who represent the Department of Children and Families, provided such representatives may coordinate investigative work with such multidisciplinary teams and rely upon information generated by such multidisciplinary teams in the course of such department's investigations. The protocols, procedures and standards of such multidisciplinary teams shall not supersede the protocols, procedures and standards of the agencies who are represented by members of such multidisciplinary teams.

(h) Each multidisciplinary team shall have access to and may copy any record, transcript, document, photograph or other data pertaining to an alleged child victim within the possession of the Department of Children and Families, any public or private medical facility or any public or private health professional provided, in the case of confidential information, the coordinator of the multidisciplinary team, or such coordinator's designee, shall identify the record in writing and certify, under oath, that the record sought is necessary to investigate child abuse or neglect and that the multidisciplinary team will maintain the record as confidential. No person who provides access to or copies of a record upon delivery of certification under this section shall be liable to any third party for such action. No multidisciplinary team shall be deemed a public agency as defined in section 1-200, for the purposes of the Freedom of Information Act.

(i) No person shall disclose information obtained from a meeting of a multidisciplinary team without the consent of the participant of the meeting who provided such information unless disclosure is ordered by a court of competent jurisdiction or is necessary to comply with the provisions of the Constitution of the state of Connecticut.

(j) Each multidisciplinary team shall maintain records of meetings that include, but are not limited to, the name of the alleged victim and perpetrator, the names of the members of the multidisciplinary team and such members' positions, the decision or recommendation of the multidisciplinary team and information regarding support services provided. In any proceeding to gain access to such records or testimony concerning matters discussed at such meetings, the privileges from disclosure applicable to the information provided by each of the participants at such meeting shall apply to all participants.

(P.A. 96-246, S. 22; P.A. 98-241, S. 16; P.A. 99-86, S. 1, 2; P.A. 11-51, S. 134; P.A. 14-186, S. 4; P.A. 16-28, S. 31; P.A. 17-190, S. 1.)

History: P.A. 98-241 amended Subsec. (a) re establishment of multidisciplinary teams by Department of Children and Families as lead agency and appropriate state's attorney in each judicial district, the purpose of teams and assistance of Division of State Police and added Subsecs. (b) to (g), inclusive, re members of each multidisciplinary team, the Governor's task force for justice for abused children, investigatory work of team to be done by members who are law enforcement officers and child protection investigative work done by Department of Children and Families, access of team to records of Department of Children and Families and medical records, provided if record confidential, coordinator of team shall identify record and state record sought is necessary to investigation, nondisclosure of members of information obtained from meeting and team to maintain records of meeting; P.A. 99-86 amended Subsec. (g) to delete requirement that records include all information required to render a decision and that such information be provided to all counsel of record, effective July 1, 1999; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection” in Subsec. (a), effective July 1, 2011; P.A. 14-186 amended Subsec. (a) by adding provision re establishment of multidisciplinary teams to review cases involving trafficking of minor children; P.A. 16-28 made technical changes in Subsecs. (a), (b) and (e); P.A. 17-190 added new Subsecs. (a) and (e) re children's advocacy centers, added new Subsec. (f) re state chapter of the National Children's Alliance, redesignated existing Subsecs. (a) to (c) as Subsecs. (b) to (d), redesignated existing Subsecs. (d) to (g) as Subsecs. (g) to (j), substantially amended redesignated Subsec. (b) re purposes of multidisciplinary teams, including by adding provisions re trafficking of children, amended redesignated Subsecs. (c), (g), (h) and (j) by replacing references to team with references to multidisciplinary team, further amended redesignated Subsec. (c) by adding new Subdiv. (7) re forensic interviewer, adding Subdiv. (8) re victim advocate and redesignating existing Subdiv. (7) re individual with expertise in welfare of children as Subdiv. (9), further amended redesignated Subsec. (h) by adding reference to Sec. 1-200 and made technical and conforming changes, effective July 1, 2018.

Sec. 17a-106b. Impact of family violence in child abuse cases. (a) The state of Connecticut finds that family violence can result in abuse and neglect of the children living in the household where such violence occurs and that the prevention of child abuse and neglect depends on coordination of domestic violence and child protective services.

(b) The Commissioner of Children and Families may consider the existence and the impact of family violence in any child abuse investigation and may assist family members in obtaining protection from family violence.

(P.A. 96-246, S, 24.)

Sec. 17a-106c. Family Violence Coordinating Council. Members. Responsibilities. Section 17a-106c is repealed, effective October 1, 2005.

(P.A. 96-246, S. 25; P.A. 05-246, S. 18.)

Sec. 17a-106d. Report of neglected or cruelly treated animals part of record in open child protective service case. Not later than one week after receiving a report pursuant to subsection (c) of section 22-329b, the Commissioner of Children and Families shall determine if any address provided in said report is an address where the Department of Children and Families has an open child protective service case. If the commissioner determines that there is an open child protective service case and the department is currently providing services for a child or youth and his or her family at the same address as an address provided in said report, the commissioner shall provide the department's social worker assigned to such child or youth and his or her family with all relevant information from said report. The department shall include the information provided to the social worker in the department's record on the child.

(P.A. 11-194, S. 2; P.A. 14-70, S. 2.)

History: P.A. 14-70 replaced references to opened or open investigation of a child with references to open child protective service case, added provision re department currently providing services for child or youth and family, and replaced references to investigator with references to social worker.

Sec. 17a-106e. Screening of young children who are victims of abuse or neglect for developmental delays. Referral. Report. (a)(1) On and after October 1, 2013, the Department of Children and Families shall, within available appropriations, ensure that each child thirty-six months of age or younger who has been substantiated as a victim of abuse or neglect is screened for both developmental and social-emotional delays using validated assessment tools such as the Ages and Stages and the Ages and Stages-Social/Emotional Questionnaires, or their equivalents. The department shall ensure that such screenings are administered to any such child twice annually, unless such child has been found to be eligible for the birth-to-three program, established under section 17a-248b.

(2) On and after July 1, 2015, the department shall ensure that each child thirty-six months of age or younger who is being served through the department's family assessment response program, established under section 17a-101g, is screened for both developmental and social-emotional delays using validated assessment tools such as the Ages and Stages and the Ages and Stages-Social/Emotional Questionnaires, or their equivalents, unless such child has been found to be eligible for the birth-to-three program.

(b) The department shall refer any child exhibiting developmental or social-emotional delays pursuant to such screenings to the birth-to-three program. The department shall refer any child who is not found eligible for services under the birth-to-three program to the Help Me Grow prevention program under the Office of Early Childhood, pursuant to section 17b-751d, or a similar program that the department deems appropriate.

(c) Not later than July 1, 2014, and annually thereafter, the department shall submit, in accordance with the provisions of section 11-4a, a report to the joint standing committee of the General Assembly having cognizance of matters relating to children for inclusion in the annual report card prepared pursuant to section 2-53m on the status of the screening and referral program authorized pursuant to subsection (a) of this section. Such report shall include: (1) The number of children thirty-six months of age or younger within the state who have been substantiated as victims of abuse or neglect within the preceding twelve months; (2) the number of children thirty-six months of age or younger within the state who have been served through the department's family assessment response program within the preceding twelve months; (3) the number of children who were screened for developmental and social-emotional delays pursuant to subsection (a) of this section by the department or by a provider contracted by the department within the preceding twelve months; (4) the number of children in subdivisions (1) and (2) of this subsection referred for evaluation under the birth-to-three program within the preceding twelve months, the number of such children actually evaluated under such program, the number of such children found eligible for services under such program and the services for which such children were found eligible under such program; and (5) the number of children described in subdivisions (1) and (2) of this subsection receiving evidence-based developmental support services through the birth-to-three program or through a provider contracted by the department within the preceding twelve months.

(P.A. 13-234, S. 154; P.A. 15-51, S. 4; 15-227, S. 23.)

History: P.A. 15-51 amended Subsecs. (a)(2) and (c)(2) by replacing “differential response program” with “family assessment response program” and amended Subsec. (b) by making a technical change, effective June 19, 2015; P.A. 15-227 amended Subsec. (b) by replacing “of the Children's Trust Fund” with “under the Office of Early Childhood, pursuant to section 17b-751d”, effective July 1, 2015.

Sec. 17a-106f. Trafficking of minor children. Child welfare services. Training for law enforcement officials. (a) The Commissioner of Children and Families may: (1) Provide child welfare services for any minor child residing in the state who is identified by the Department of Children and Families as a victim of trafficking, as defined in section 46a-170; and (2) provide appropriate services to a minor child residing in the state who the Department of Children and Families reasonably believes may be a victim of trafficking in order to safeguard the welfare of such minor child. For purposes of this section and section 17a-106a, “minor child” means any person under eighteen years of age.

(b) The Commissioner of Children and Families may, within available appropriations, provide training to law enforcement officials regarding the trafficking of minor children. The training shall include, but not be limited to, (1) awareness and compliance with the laws and protocols concerning trafficking of minor children, (2) identification of, access to and provision of services for minor children who are victims of trafficking, and (3) any other services the department deems necessary to carry out the provisions of this section and section 17a-106a.

(P.A. 14-186, S. 3.)

Sec. 17a-106g. Training re identification of human trafficking for employees of hotels, motels, inns and similar lodging. The Commissioner of Children and Families and the Commissioner of Emergency Services and Public Protection shall consult with state and national hotel and lodging associations to recommend an educational training program and refresher training program for the accurate and prompt identification and reporting of suspected human trafficking. The training program shall include a video presentation, developed and approved by said commissioners, that offers guidance to employees of hotels, motels, inns and similar lodgings on the (1) recognition of potential victims of human trafficking, and (2) activities commonly associated with human trafficking.

(P.A. 16-71, S. 4.)

See Sec. 44-5 re provision of training to recognize victims of or activities associated with human trafficking.

Sec. 17a-106h. Training re identification and reporting of suspected human trafficking for law enforcement personnel, judges, persons involved with the criminal justice system, emergency and urgent care staff and school and constituent unit employees. (a) The Commissioner of Children and Families, in consultation with the Commissioner of Emergency Services and Public Protection, shall develop an initial educational training program and refresher training program for the accurate and prompt identification and reporting of suspected human trafficking.

(b) The training program shall include a video presentation, developed and approved by said commissioners, that offers awareness of human trafficking issues and guidance to (1) law enforcement personnel, (2) judges of the Superior Court, (3) prosecutors, (4) public defenders and other attorneys who represent criminal defendants, (5) hospital emergency room staff, urgent care facility staff and emergency medical services personnel who have contact with patients, and (6) persons employed by a local or regional board of education or a constituent unit, as defined in section 10a-1, who have contact with students.

(c) Any person described in subsection (b) of this section shall complete the initial educational training program not later than July 1, 2018, and shall complete the refresher training program every three years thereafter, provided any person being employed as such a person shall complete such initial educational training program not later than six months after beginning such employment or July 1, 2018, whichever is later.

(P.A. 17-32, S. 6; P.A. 21-103, S. 6.)

History: P.A. 21-103 amended Subsec. (b) by adding Subdiv. designators (1) to (6) and adding reference to emergency medical services personnel in redesignated Subdiv. (5), and amended Subsec. (c) by changing refresher training program requirement from annually to every 3 years.

Sec. 17a-106i. Disclosure of personal injury. Provision of notice re victim compensation. Any employee of the Department of Children and Families or a children's advocacy center, as defined in section 17a-106a, to whom a personal injury resulting from any conduct described in subdivision (5) of subsection (a) of section 54-209, is disclosed by the (1) person who suffered such injury, or (2) parent, guardian or legal representative of such person, shall provide such person, or such person's parent, guardian or legal representative verbal and written notice (A) that such person may be eligible for compensation pursuant to sections 54-201 to 54-218, inclusive, and (B) of the application process described in section 54-204, and types and amounts of compensation that may be awarded pursuant to sections 54-201 to 54-218, inclusive.

(P.A. 22-47, S. 66.)

Sec. 17a-107. (Formerly Sec. 17-38g). Regulations on reports of child abuse. Section 17a-107 is repealed, effective June 11, 2014.

(P.A. 86-337, S. 11; P.A. 12-82, S. 15; P.A. 14-187, S. 55.)

Sec. 17a-108. (Formerly Sec. 17-38h). Financial assistance for programs which monitor child abuse and neglect cases. The Judicial Department may provide financial assistance, within available appropriations, to programs which monitor cases of child abuse and neglect.

(P.A. 87-328, S. 1, 2; 87-589, S. 77, 87.)

History: P.A. 87-589 deleted reference to programs which provide individual and family counseling services and job and housing placement services; Sec. 17-38h transferred to Sec. 17a-108 in 1991.

Cited. 26 CA 58.

Sec. 17a-109. (Formerly Sec. 17-39). Commitment of children to child-caring facilities. When, because of the mental or physical condition of any child committed to the Commissioner of Children and Families under the provisions of section 46b-129, or because of a behavior problem, such child cannot be satisfactorily cared for in a foster home, said commissioner may bring a petition to the court which committed such child for the commitment of such child to a suitable child-caring facility, and, upon being satisfied that such commitment is in the best interest of such child, such court shall commit such child to such an institution.

(1949 Rev., S. 2636; P.A. 74-251, S. 7; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 63, 111; P.A. 93-91, S. 1, 2; P.A. 96-194, S. 5.)

History: P.A. 74-251 included commissioner of children and youth services; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 deleted reference to commissioner of human resources; Sec. 17-39 transferred to Sec. 17a-109 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-194 replaced “institution” with “facility”.

Annotation to former section 17-39:

Cited. 33 CS 194.

Annotation to present section:

Cited. 26 CA 58.

Sec. 17a-110. (Formerly Sec. 17-39a). Permanency plans for children. Contracts with private child-placing agencies. Funding. (a) As used in this section, “child” means a person under the age of eighteen years; “foster child” means a child placed temporarily in a home pending permanent placement; “permanent home” means a home for a child with the child's genetic or adoptive parents or the child's legal guardian considered to be such child's permanent residence; and “permanency placement services” means services that are designed and rendered for the purpose of relocating a foster child with such child's legal family or finding a permanent home for such child, including, but not limited to, the following: (1) Treatment services for the child and the genetic family; (2) preplacement planning; (3) appropriate court proceedings to effect permanent placement, including, but not limited to, the following: (A) Termination of parental rights; (B) revocation of commitment; (C) removal or reinstatement of guardianship; (D) temporary custody; (4) recruitment and screening of permanent placement homes; (5) home study and evaluation of permanent placement homes; (6) placement of children in permanent homes; (7) postplacement supervision and services to such homes following finalization of such placements in the courts; and (8) other services routinely performed by caseworkers doing similar work in the Department of Children and Families.

(b) Whenever the Commissioner of Children and Families deems it necessary or advisable in order to carry out the purposes of this section, the commissioner may contract with any private child-placing agency, as defined in section 45a-707, for a term of not less than three years and not more than five years, to provide any one or more permanency placement services on behalf of the Department of Children and Families. Whenever any contract is entered into under this section that requires private agencies to perform casework services, such as the preparation of applications and petitions for termination of parental rights, guardianship or other custodial matters, or that requires court appearances, the Attorney General shall provide legal services for the Commissioner of Children and Families notwithstanding that some of the services have been performed by caseworkers of private agencies, except that no such legal services shall be provided unless the Commissioner of Children and Families is a legal party to any court action under this section.

(c) The Commissioner of Children and Families may accept funds from any source to implement the provisions of this section.

(P.A. 80-319, S. 1–3; P.A. 93-91, S. 1, 2; P.A. 95-238, S. 2; P.A. 96-130, S. 38; P.A. 98-241, S. 12; June Sp. Sess. P.A. 98-1, S. 113, 121; P.A. 99-166, S. 1; P.A. 03-243, S. 13; P.A. 06-102, S. 5; P.A. 14-187, S. 18.)

History: Sec. 17-39a transferred to Sec. 17a-110 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-238 inserted new Subsec. (b) re procedure upon court's finding that family reunification is inappropriate, relettering former Subsec. (b) as (c); P.A. 96-130 amended Subsec. (c) by changing reference to “he” to “the Commissioner of Children and Families” and deleted reference to Sec. 45a-707(b); P.A. 98-241 amended Subsec. (b) by deleting reference to Sec. 46b-129(e); June Sp. Sess. P.A. 98-1 made technical changes in Subsec. (b), effective July 1, 1998; P.A. 99-166 amended Subsec. (b) re good faith efforts to place child for adoption or in some other alternative home, added Subsecs. (c) and (d) requiring regulations on or before January 1, 2000, to establish standards for permanency plans and requiring department to establish and maintain central registry, within available appropriations, not later than January 1, 2000, for children for whom adoption is recommended, and amended Subsec. (e) re contract by commissioner with private child-placing agency for term not less than three years nor more than five years; P.A. 03-243 added requirement in Subsec. (b) that department use best efforts to maintain child in initial out-of-home placement until permanent home for child is found and added new Subsec. (f) re commissioner's authority to accept funds from any source to implement provisions of section; P.A. 06-102 amended Subsec. (a) to redefine “permanent home” to include the home of the child's legal guardian, deleted former Subsec. (b) re hearing procedure and efforts re child placement, redesignated existing Subsecs. (c) to (f), inclusive, as Subsecs. (b) to (e), inclusive, and made technical changes; P.A. 14-187 deleted former Subsec. (b) re regulations to establish standards for permanency plans and former Subsec. (c) re establishing and maintaining central registry and redesignated existing Subsecs. (d) and (e) as Subsecs. (b) and (c), effective June 11, 2014.

Cited. 26 CA 58.

Cited. 44 CS 551.

Sec. 17a-110a. Concurrent permanency planning program. Duties of commissioner. Guidelines and protocols. (a) In order to achieve early permanency for children, decrease children's length of stay in foster care, reduce the number of moves children experience in foster care and reduce the amount of time between termination of parental rights and adoption, the Commissioner of Children and Families shall establish a program for concurrent permanency planning.

(b) Concurrent permanency planning involves a planning process to identify permanent placements and prospective adoptive parents so that when termination of parental rights is granted by the court pursuant to section 17a-112, or section 45a-717, permanent placement or adoption proceedings may commence immediately.

(c) The commissioner shall establish guidelines and protocols for child-placing agencies involved in concurrent permanency planning, including criteria for conducting concurrent permanency planning based on relevant factors such as: (1) The age of the child and duration of out-of-home placement; (2) the prognosis for successful reunification with parents; (3) the availability of relatives and other concerned individuals to provide support or a permanent placement for the child; (4) special needs of the child; and (5) other factors affecting the child's best interests, goals of concurrent permanency planning, support services that are available for families, permanency options, and the consequences of not complying with case plans.

(d) Within six months of out-of-home placement, the Department of Children and Families shall complete an assessment of the likelihood of the child's being reunited with either or both birth parents, based on progress made to date. The Department of Children and Families shall develop a concurrent permanency plan for families with poor prognosis for reunification within such time period. Such assessment and concurrent permanency plan shall be filed with the court.

(e) Concurrent permanency planning programs must include involvement of parents and full disclosure of their rights and responsibilities.

(f) The commissioner shall provide ongoing technical assistance, support, and training for local child-placing agencies and other individuals and agencies involved in concurrent permanency planning.

(P.A. 99-166, S. 2; P.A. 00-137, S. 5; P.A. 01-159, S. 2; 01-195, S. 20, 181.)

History: P.A. 00-137 added new Subsecs. (d) and (e) re assessment of likelihood of being reunited, development of concurrent permanency plan, involvement of parents and disclosure of rights and responsibilities, and redesignated former Subsec. (d) as Subsec. (f); P.A. 01-159 amended Subsec. (a) by adding “and reduce the amount of time between termination of parental rights and adoption”; P.A. 01-195 made technical changes in Subsecs. (b) and (c), effective July 11, 2001.

Sec. 17a-110b. Permanency resource exchange. The Commissioner of Children and Families shall, within available appropriations, establish a permanency resource exchange in this state within the Department of Children and Families. The primary purpose of the exchange shall be to link children who are awaiting placement with permanent families by providing information and referral services and by the recruitment of potential adoptive families or families interested in pursuing guardianship of such children. The department and each child-placing agency shall register any child who is free for adoption with such permanency resource exchange.

(P.A. 99-252, S. 1; P.A. 15-51, S. 6.)

History: P.A. 15-51 added provision re recruitment of families interested in pursuing guardianship and replaced “adoption resource exchange” with “permanency resource exchange”.

Sec. 17a-111. (Formerly Sec. 17-43). Parents not entitled to earnings of child supported by Commissioner of Children and Families. Any parents whose child has been supported by the Commissioner of Children and Families for at least three years immediately preceding such child's eighteenth birthday shall not be entitled to such child's earnings or services during such child's minority.

(1949 Rev., S. 2825; 1955, S. 1473d; February, 1965, P.A. 488, S. 10; P.A. 74-251, S. 8; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 64, 111; P.A. 93-91, S. 1, 2.)

History: 1965 act deleted children supported by temporary homes from application of statute; P.A. 74-251 included commissioner of children and youth services; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 deleted reference to commissioner of human resources; Sec. 17-43 transferred to Sec. 17a-111 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993.

See Sec. 46b-219 re absence of liability for person to support a deserting parent.

Annotations to former section 17-43:

Parent cannot dictate as to religious instruction of child committed to county home; habeas corpus denied. 61 C. 263. Section, together with former adoption statute, constituted board of management of county home legal guardians of children. 110 C. 467.

Annotation to present section:

Cited. 26 CA 58.

Sec. 17a-111a. Commissioner of Children and Families to file petition to terminate parental rights, when. (a) The Commissioner of Children and Families shall file a petition to terminate parental rights pursuant to section 17a-112 if (1) the child has been in the custody of the commissioner for at least fifteen consecutive months, or at least fifteen months during the twenty-two months, immediately preceding the filing of such petition; (2) the child has been abandoned as defined in subsection (j) of section 17a-112; or (3) a court of competent jurisdiction has found that (A) the parent has killed, through deliberate, nonaccidental act, a sibling of the child or has requested, commanded, importuned, attempted, conspired or solicited to commit the killing of the child or a sibling of the child; or (B) the parent has assaulted the child or a sibling of a child, through deliberate, nonaccidental act, and such assault resulted in serious bodily injury to such child.

(b) Notwithstanding the provisions of subsection (a) of this section, the commissioner is not required to file a petition to terminate parental rights in such cases if the commissioner determines that: (1) The child has been placed under the care of a relative of such child; (2) there is a compelling reason to believe that filing such petition is not in the best interests of the child; or (3) the parent has not been offered the services contained in the permanency plan to reunify the parent with the child or such services were not available, unless a court has determined that efforts to reunify the parent with the child are not required.

(P.A. 98-241, S. 6, 18; P.A. 00-137, S. 13.)

History: P.A. 98-241 effective July 1, 1998; P.A. 00-137 amended Subsec. (a)(2) to change reference from Sec. 17a-112 (c) to Sec. 17a-112 (j).

Sec. 17a-111b. Commissioner of Children and Families' duties re reunification of child with parent. Court determination on motion that reunification efforts are not required. Permanency plans. (a) The Commissioner of Children and Families shall make reasonable efforts to reunify a parent with a child unless the court (1) determines that such efforts are not required pursuant to subsection (b) of this section or subsection (j) of section 17a-112, or (2) has approved a permanency plan other than reunification pursuant to subsection (k) of section 46b-129.

(b) The Commissioner of Children and Families or any other party may, at any time, file a motion with the court for a determination that reasonable efforts to reunify the parent with the child are not required. The court shall hold an evidentiary hearing on the motion not later than thirty days after the filing of the motion or may consolidate the hearing with a trial on a petition to terminate parental rights pursuant to section 17a-112. The court may determine that such efforts are not required if the court finds upon clear and convincing evidence that: (1) The parent has subjected the child to the following aggravated circumstances: (A) The child has been abandoned, as defined in subsection (j) of section 17a-112; or (B) the parent has inflicted or knowingly permitted another person to inflict sexual molestation or exploitation or severe physical abuse on the child or engaged in a pattern of abuse of the child; (2) the parent has killed, through deliberate, nonaccidental act, another child of the parent or a sibling of the child, or has requested, commanded, importuned, attempted, conspired or solicited to commit or knowingly permitted another person to commit the killing of the child, another child of the parent or sibling of the child, or has committed or knowingly permitted another person to commit an assault, through deliberate, nonaccidental act, that resulted in serious bodily injury of the child, another child of the parent or a sibling of the child; (3) the parental rights of the parent to a sibling have been terminated within three years of the filing of a petition pursuant to this section, provided the commissioner has made reasonable efforts to reunify the parent with the child during a period of at least ninety days; (4) the parent was convicted by a court of competent jurisdiction of sexual assault, except a conviction of a violation of section 53a-71 or 53a-73a resulting in the conception of the child; or (5) the child was placed in the care and control of the commissioner pursuant to the provisions of sections 17a-57 to 17a-60, inclusive, and section 17a-61.

(c) If the court determines that such efforts are not required, the court shall, at such hearing or at a hearing held not later than thirty days after such determination, approve a permanency plan for such child. The plan may include (1) adoption and a requirement that the commissioner file a petition to terminate parental rights, (2) transfer of guardianship, or (3) for a child sixteen years of age or older, such other planned permanent living arrangement as may be ordered by the court, provided the commissioner has documented a compelling reason why it would not be in the best interests of the child for the permanency plan to include one of the options set forth in subdivision (1) or (2) of this subsection. The child's health and safety shall be of paramount concern in formulating such plan. If the permanency plan for a child sixteen years of age or older includes such other planned permanent living arrangement pursuant to subdivision (3) of this subsection, the provisions of subdivisions (3) to (5), inclusive, of subsection (k) of section 46b-129 shall be applicable.

(d) If the court determines that reasonable efforts to reunify the parent with the child are not required, the Department of Children and Families shall use its best efforts to maintain the child in the initial out-of-home placement, provided the department determines that such placement is in the best interests of the child, until such time as a permanent home for the child is found or the child is placed for adoption. If the permanency plan calls for placing the child for adoption or in some other permanent home, good faith efforts shall be made to place the child for adoption or in some other permanent home.

(P.A. 98-241, S. 7, 18; P.A. 00-137, S. 14; P.A. 01-142, S. 3; P.A. 06-102, S. 6; P.A. 15-51, S. 2; 15-199, S. 2; 15-242, S. 48.)

History: P.A. 98-241 effective July 1, 1998; P.A. 00-137 amended Subsec. (a)(1)(A) to change reference from Sec. 17a-112 (c) to Sec. 17a-112 (j); P.A. 01-142 amended Subsec. (a) by permitting “any other party” to petition court for determination, requiring court to hold evidentiary hearing on petition within 30 days of filing of petition, requiring standard for court to determine that efforts to reunify parent with child are not appropriate to be upon clear and convincing evidence, adding “another child of the parent or” before “a sibling of the child”, and adding Subdiv. (5) re placement of child in care and control of commissioner pursuant to Secs. 17a-57 to 17a-61, inclusive; P.A. 06-102 inserted new Subsec. (a) re commissioner's duty to make reasonable efforts to reunify a parent with a child unless a court approves a permanency plan to the contrary or determines efforts are not required, redesignated existing Subsecs. (a) and (b) as Subsecs. (b) and (c), amended Subsec. (b) to substitute the filing of a motion for a petition and insert provisions re consolidated hearings, amended Subsecs. (b)(1)(B) and (b)(2) to insert “or knowingly permitted another person to inflict”, amended Subsec. (b)(3) to delete “involuntarily” re termination of parental rights to a sibling, amended Subsec. (c) to insert Subdiv. designators and rewrite provisions re adoption, amended Subsec. (c)(2) to permit long-term foster care with a licensed or certified relative and delete independent living as a placement option, inserted new Subsec. (c)(4) re other planned living arrangement as may be ordered by the court, added new Subsec. (d) re duties of department if the court determines that reasonable efforts to reunify the parent and child are not required, and made technical changes and substituted “required” for “appropriate” re reunification efforts throughout; P.A. 15-51 amended Subsec. (c)(2) by deleting “or certified as a relative caregiver”; P.A. 15-199 amended Subsec. (c) by deleting former Subdiv. (2) re long-term foster care with a relative, redesignating existing Subdiv. (3) re transfer of guardianship as Subdiv. (2), redesignating existing Subdiv. (4) as Subdiv. (3) and amending same to add reference to child age 16 or older, adding provision re permanency plan for child age 16 or older, and making a conforming change, effective July 1, 2015; P.A. 15-242 amended Subsec. (b) by replacing “17a-61, inclusive,” with “17a-60, inclusive, and section 17a-61”, effective July 1, 2015.

Finding of reunification efforts not required under this section and Sec. 17a-112(j)(1) is an independent basis on which to terminate parental rights. 322 C. 231. The department is required to make reasonable efforts to reunify a child with one parent and, if reunification is accomplished with one parent, further reunification efforts are not required. 325 C. 833.

The department's duty to make reasonable efforts to reunify the parent with the child arises only when the parent has a reasonable prospect for overcoming the particular statutory ground for termination and, thereafter, reassuming a responsible parental role in the child's life; in assessing the department's efforts to reunify a parent with a child, an important factor to be considered is the degree to which the department complied with all applicable court orders issued for that purpose. 170 CA 833.

Sec. 17a-112. (Formerly Sec. 17-43a). Termination of parental rights of child committed to commissioner. Cooperative postadoption agreements. Placement of child from another state. Interstate Compact on the Placement of Children. (a) In respect to any child in the custody of the Commissioner of Children and Families in accordance with section 46b-129, either the commissioner, or the attorney who represented such child in a pending or prior proceeding, or an attorney appointed by the Superior Court on its own motion, or an attorney retained by such child after attaining the age of fourteen, may petition the court for the termination of parental rights with reference to such child. The petition shall be in the form and contain the information set forth in subsection (b) of section 45a-715, and be subject to the provisions of subsection (c) of said section. If a petition indicates that either or both parents consent to the termination of their parental rights, or if at any time following the filing of a petition and before the entry of a decree, a parent consents to the termination of the parent's parental rights, each consenting parent shall acknowledge such consent on a form promulgated by the Office of the Chief Court Administrator evidencing that the parent has voluntarily and knowingly consented to the termination of such parental rights. No consent to termination by a mother shall be executed within forty-eight hours immediately after the birth of such mother's child. A parent who is a minor shall have the right to consent to termination of parental rights and such consent shall not be voidable by reason of such minority. A guardian ad litem shall be appointed by the court to assure that such minor parent is giving an informed and voluntary consent.

(b) Either or both birth parents and an intended adoptive parent may enter into a cooperative postadoption agreement regarding communication or contact between either or both birth parents and the adopted child. Such an agreement may be entered into if: (1) The child is in the custody of the Department of Children and Families; (2) an order terminating parental rights has not yet been entered; and (3) either or both birth parents agree to a voluntary termination of parental rights, including an agreement in a case which began as an involuntary termination of parental rights. The postadoption agreement shall be applicable only to a birth parent who is a party to the agreement. Such agreement shall be in addition to those under common law. Counsel for the child and any guardian ad litem for the child may be heard on the proposed cooperative postadoption agreement. There shall be no presumption of communication or contact between the birth parents and an intended adoptive parent in the absence of a cooperative postadoption agreement.

(c) If the Superior Court determines that the child's best interests will be served by postadoption communication or contact with either or both birth parents, the court shall so order, stating the nature and frequency of the communication or contact. A court may grant postadoption communication or contact privileges if: (1) Each intended adoptive parent consents to the granting of communication or contact privileges; (2) the intended adoptive parent and either or both birth parents execute a cooperative agreement and file the agreement with the court; (3) consent to postadoption communication or contact is obtained from the child, if the child is at least twelve years of age; and (4) the cooperative postadoption agreement is approved by the court.

(d) A cooperative postadoption agreement shall contain the following: (1) An acknowledgment by either or both birth parents that the termination of parental rights and the adoption is irrevocable, even if the adoptive parents do not abide by the cooperative postadoption agreement; and (2) an acknowledgment by the adoptive parents that the agreement grants either or both birth parents the right to seek to enforce the cooperative postadoption agreement.

(e) The terms of a cooperative postadoption agreement may include the following: (1) Provision for communication between the child and either or both birth parents; (2) provision for future contact between either or both birth parents and the child or an adoptive parent; and (3) maintenance of medical history of either or both birth parents who are parties to the agreement.

(f) The order approving a cooperative postadoption agreement shall be made part of the final order terminating parental rights. The finality of the termination of parental rights and of the adoption shall not be affected by implementation of the provisions of the postadoption agreement. Such an agreement shall not affect the ability of the adoptive parents and the child to change their residence within or outside this state.

(g) A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the termination of parental rights or the adoption and shall not serve as a basis for orders affecting the custody of the child. The court shall not act on a petition to change or enforce the agreement unless the petitioner had participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute and allocate any cost for such mediation or dispute resolution proceedings.

(h) An adoptive parent, guardian ad litem for the child or the court, on its own motion, may, at any time, petition for review of any order entered pursuant to subsection (c) of this section, if the petitioner alleges that such action would be in the best interests of the child. The court may modify or terminate such orders as the court deems to be in the best interest of the adopted child.

(i) The Superior Court upon hearing and notice, as provided in sections 45a-716 and 45a-717, may grant a petition for termination of parental rights based on consent filed pursuant to this section if it finds that (1) upon clear and convincing evidence, the termination is in the best interest of the child, and (2) such parent has voluntarily and knowingly consented to termination of the parent's parental rights with respect to such child. If the court denies a petition for termination of parental rights based on consent, it may refer the matter to an agency to assess the needs of the child, the care the child is receiving and the plan of the parent for the child. Consent for the termination of the parental rights of one parent does not diminish the parental rights of the other parent of the child, nor does it relieve the other parent of the duty to support the child.

(j) The Superior Court, upon notice and hearing as provided in sections 45a-716 and 45a-717, may grant a petition filed pursuant to this section if it finds by clear and convincing evidence that (1) the Department of Children and Families has made reasonable efforts to locate the parent and to reunify the child with the parent in accordance with subsection (a) of section 17a-111b, unless the court finds in this proceeding that the parent is unable or unwilling to benefit from reunification efforts, except that such finding is not required if the court has determined at a hearing pursuant to section 17a-111b, or determines at trial on the petition, that such efforts are not required, (2) termination is in the best interest of the child, and (3) (A) the child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child; (B) the child (i) has been found by the Superior Court or the Probate Court to have been neglected, abused or uncared for in a prior proceeding, or (ii) is found to be neglected, abused or uncared for and has been in the custody of the commissioner for at least fifteen months and the parent of such child has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b-129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child; (C) the child has been denied, by reason of an act or acts of parental commission or omission including, but not limited to, sexual molestation or exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for the child's physical, educational, moral or emotional well-being, except that nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights; (D) there is no ongoing parent-child relationship, which means the relationship that ordinarily develops as a result of a parent having met on a day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of such parent-child relationship would be detrimental to the best interest of the child; (E) the parent of a child under the age of seven years who is neglected, abused or uncared for, has failed, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable period of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families; (F) the parent has killed through deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent; or (G) the parent committed an act that constitutes sexual assault as described in section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a or compelling a spouse or cohabitor to engage in sexual intercourse by the use of force or by the threat of the use of force as described in section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, if such act resulted in the conception of the child.

(k) Except in the case where termination of parental rights is based on consent, in determining whether to terminate parental rights under this section, the court shall consider and shall make written findings regarding: (1) The timeliness, nature and extent of services offered, provided and made available to the parent and the child by an agency to facilitate the reunion of the child with the parent; (2) whether the Department of Children and Families has made reasonable efforts to reunite the family pursuant to the federal Adoption and Safe Families Act of 1997, as amended from time to time; (3) the terms of any applicable court order entered into and agreed upon by any individual or agency and the parent, and the extent to which all parties have fulfilled their obligations under such order; (4) the feelings and emotional ties of the child with respect to the child's parents, any guardian of such child's person and any person who has exercised physical care, custody or control of the child for at least one year and with whom the child has developed significant emotional ties; (5) the age of the child; (6) the efforts the parent has made to adjust such parent's circumstances, conduct, or conditions to make it in the best interest of the child to return such child home in the foreseeable future, including, but not limited to, (A) the extent to which the parent has maintained contact with the child as part of an effort to reunite the child with the parent, provided the court may give weight to incidental visitations, communications or contributions, and (B) the maintenance of regular contact or communication with the guardian or other custodian of the child; and (7) the extent to which a parent has been prevented from maintaining a meaningful relationship with the child by the unreasonable act or conduct of the other parent of the child, or the unreasonable act of any other person or by the economic circumstances of the parent.

(l) Any petition brought by the Commissioner of Children and Families to the Superior Court, pursuant to subsection (a) of section 46b-129, may be accompanied by or, upon motion by the petitioner, consolidated with a petition for termination of parental rights filed in accordance with this section with respect to such child. Notice of the hearing on such petitions shall be given in accordance with sections 45a-716 and 45a-717. The Superior Court, after hearing, in accordance with the provisions of subsection (i) or (j) of this section, may, in lieu of granting the petition filed pursuant to section 46b-129, grant the petition for termination of parental rights as provided in section 45a-717.

(m) Nothing contained in this section and sections 17a-113, 45a-187, 45a-606, 45a-607, 45a-707 to 45a-709, inclusive, 45a-715 to 45a-718, inclusive, 45a-724, 45a-725, 45a-727, 45a-733, 45a-754 and 52-231a shall negate the right of the Commissioner of Children and Families to subsequently petition the Superior Court for revocation of a commitment of a child as to whom parental rights have been terminated in accordance with the provisions of this section. The Superior Court may appoint a statutory parent at any time after it has terminated parental rights if the petitioner so requests.

(n) If the parental rights of only one parent are terminated, the remaining parent shall be the sole parent and, unless otherwise provided by law, guardian of the person.

(o) In the case where termination of parental rights is granted, the guardian of the person or statutory parent shall report to the court not later than thirty days after the date judgment is entered on a case plan, as defined by the federal Adoption and Safe Families Act of 1997, as amended from time to time, for the child which shall include measurable objectives and time schedules. At least every three months thereafter, such guardian or statutory parent shall make a report to the court on the progress made on implementation of the plan. The court may convene a hearing upon the filing of a report and shall convene and conduct a permanency hearing pursuant to subsection (k) of section 46b-129 for the purpose of reviewing the permanency plan for the child not more than twelve months from the date judgment is entered or from the date of the last permanency hearing held pursuant to subsection (k) of section 46b-129, whichever is earlier, and at least once a year thereafter while the child remains in the custody of the Commissioner of Children and Families. For children where the commissioner has determined that adoption is appropriate, the report on the implementation of the plan shall include a description of the reasonable efforts the department is taking to promote and expedite the adoptive placement and to finalize the adoption of the child, including documentation of child specific recruitment efforts. At such hearing, the court shall determine whether the department has made reasonable efforts to achieve the permanency plan. If the court determines that the department has not made reasonable efforts to place a child in an adoptive placement or that reasonable efforts have not resulted in the placement of the child, the court may order the Department of Children and Families, within available appropriations, to contract with a child-placing agency to arrange for the adoption of the child. The department, as statutory parent, shall continue to provide care and services for the child while a child-placing agency is arranging for the adoption of the child.

(p) The provisions of section 17a-152, regarding placement of a child from another state, and the provisions of section 17a-175, regarding the Interstate Compact on the Placement of Children, shall apply to placements pursuant to this section.

(q) The provisions of this section shall be liberally construed in the best interests of any child for whom a petition under this section has been filed.

(1959, P.A. 184, S. 1; February, 1965, P.A. 488, S. 9; P.A. 73-156, S. 4; P.A. 74-164, S. 3, 20; P.A. 75-420, S. 4, 6; P.A. 76-226; 76-436, S. 589, 681; P.A. 77-452, S. 7, 72; P.A. 82-202, S. 1; P.A. 83-355, S. 2; 83-387, S. 1; 83-478, S. 1; P.A. 84-449, S. 1, 7; P.A. 87-555, S. 1; P.A. 93-91, S. 1, 2; 93-193, S. 1; P.A. 94-81, S. 1; P.A. 95-238, S. 3; P.A. 96-130, S. 39; 96-246, S. 18; P.A. 98-241, S. 8, 18; P.A. 99-166, S. 4; P.A. 00-75, S. 1; 00-137, S. 1; 00-196, S. 15; P.A. 01-159, S. 3; 01-195, S. 21, 22, 181; P.A. 03-243, S. 1; P.A. 06-102, S. 7, 8; P.A. 15-159, S. 1; P.A. 16-28, S. 15; 16-70, S. 1; 16-105, S. 1, 2; P.A. 19-189, S. 3.)

History: 1965 act changed “no degree of interest” to “reasonable degree of interest” in Subdiv. (a), deleted “totally” from before “failed” in Subdiv. (b) and added Subdiv. (c) and allowed waiver of requirement that one year expire before termination of parental rights; P.A. 73-156 added provisions re transfer of contested case from probate court to juvenile court, deleted detailed provisions re one year waiting period and re effect of termination of parental rights on child's religious affiliation or inheritance rights; P.A. 74-164 deleted provisions re transfer of case from probate to juvenile court, added provisions re grounds for terminating parental rights and Subsecs. (b) and (c); P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 76-226 replaced commissioner of social services with commissioner of children and youth services and allowed attorney representing child to bring petition for termination of parental rights; P.A. 76-436 replaced juvenile court with superior court, effective July 1, 1978; P.A. 77-452 reiterated changes of 1976 act; P.A. 82-202 amended Subsec. (a) by adding provision requiring finding upon standard of “clear and convincing evidence”; P.A. 83-355 amended Subsec. (a) by providing that “The petition shall be in the form and contain the information set forth in subsection (b) of section 45-61c and be subject to the provisions of subsections (c) and (d) of said section”; P.A. 83-387 inserted a new Subsec. (b) to require the court to consider and make written findings concerning certain factors in its determination of whether to terminate parental rights, and relettered the remaining subsections accordingly: P.A. 83-478 amended Subsec. (a) by requiring the court prior to granting a petition for termination to find that “the termination is in the best interest of the child”, rephrasing the grounds for termination and inserting in Subdiv. (3) the provision that “nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights”; P.A. 84-449 amended Subsecs. (a) and (b) by revising procedure for consent termination of parental rights, amended Subsec. (d) by providing that the requirement of written findings by the court does not apply in the case where termination is based on consent, amended Subsec. (e) by authorizing the commissioner of children and youth services in certain circumstances to petition for termination of parental rights with respect to a child who has not been committed to him, added Subsec. (g) re the remaining parent as sole parent and guardian, added Subsec. (h) re the parental rights and duties of the remaining parent and added Subsec. (i) re a case plan for a child where termination of parental rights is granted based on consent; P.A. 87-555 amended Subsec. (i) by deleting “based on consent”, deleting “six” and substituting “twelve”, requiring department of children and youth services to make a report to the court, adding “subsequent to the report the” and deleting “no less than” and substituting “at least”; Sec. 17-43a transferred to Sec. 17a-112 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-193 amended Subsec. (c) by adding provision re abandonment of child under the age of 6 months as evidence that waiver is necessary to promote best interest of child, amended Subsec. (d) by adding requirement of written findings re efforts to reunite family pursuant to federal Child Welfare Act of 1980, and amended Subsec. (e) to permit consolidation of petitions of neglect and termination; P.A. 94-81 amended Subsec. (i) by specifying that 90-day report deadline begins from the date judgment is entered, by making subsequent reports the responsibility of guardian or statutory parent rather than department of children and families and requiring such reports to be made twice a year rather than annually and by adding provision that court shall convene hearing for review of case plan no more than 15 months from date of judgment and at least once a year thereafter; P.A. 95-238 amended Subsec. (b) by requiring the court to find that the Department of Children and Families has made reasonable efforts to reunify the child with the parent prior to granting a petition, except where such reasonable efforts were not possible, added Subsec. (c)(2) re children under age 7 and made technical changes; P.A. 96-130 added Subsec. (j) re liberal construction in best interests of child; P.A. 96-246 revised section, amending Subsec. (b) to include granting petitions based on consent and procedure when denial of petition based on consent, amending Subsec. (c) re grounds for granting petition for termination and amending Subsec. (e) by adding “and made available” after “provided”; P.A. 98-241 added Subsec. (c)(3)(B)(2) re finding that child is neglected or uncared for and that child has been in custody for at least 15 months, added “including, but not limited to, sexual molestation or exploitation, severe physical abuse or a pattern of abuse” to Subsec. (c)(3)(C) and added Subsec. (c)(3)(F) and (G) re death or injury of another child or conviction of parent of sexual assault resulting in conception of a child and deleted former Subsec. (d) re conditions for waiving requirement that one year expire before termination of parental rights, effective July 1, 1998; P.A. 99-166 amended Subsec. (c)(3)(G) by adding “provided the court may terminate such parent's parental rights to such child at any time after such conviction” and amended Subsec. (h) by changing 90 to 60 days for report from statutory parent or guardian from date judgment is entered, adding requirement that case plan include measurable objectives and time schedules, requiring subsequent report by statutory parent or guardian on progress made on implementation of plan and changed hearing re review of plan from no more than 15 months to no more than 12 months from date judgment is entered; P.A. 00-75 amended former Subsec. (c), redesignated as Subsec. (j), by adding “or the Probate Court” in Subdiv. (3)(B); P.A. 00-137 added new Subsecs. (b) to (h), inclusive, re cooperative postadoption agreements, redesignated former Subsecs. (b) to (i), inclusive, as Subsecs. (i) to (p), inclusive, made technical changes in Subsec. (i), amended Subsec. (j)(3) to make technical changes in Subparas. (B) and (C) and to add “as an adult or a delinquent” in Subpara. (G), made conforming technical changes in Subsec. (l), and amended Subsec. (o) to change reporting time frame from 60 days to 30 days of date of judgment, to add provision re court determination that adoption plan has become finalized, to add provision re report on implementation of adoption plan by department, including reasonable efforts of department to promote and expedite adoption placement and finalization, to add provision authorizing the court to order the department, within available appropriations, to contract with child-placing agency to arrange for adoption of child, and to add provision requiring the department to continue to provide care and services to child while agency is arranging adoption; P.A. 00-196 made technical changes in former Subsec. (c), redesignated as Subsec. (j); P.A. 01-159 amended Subsec. (o) by requiring report re progress made on implementation of plan not less than every 3 months, adding provision that court may convene hearing on filing of report for purpose of reviewing plan not more than 12 months from judgment or date of last permanency hearing, and adding provision that at the hearing, the court shall determine whether department has made reasonable efforts to achieve permanency plan; P.A. 01-195 made technical changes in Subsecs. (e) and (o), effective July 11, 2001; P.A. 03-243 added new Subsec. (p) re application of Secs. 17a-152 and 17a-175 to placements pursuant to this section and redesignated existing Subsec. (p) as Subsec. (q); P.A. 06-102 amended Subsec. (j) to reference Sec. 17a-111b(a), delete reference to Sec. 17a-110(b), substitute “efforts are not required” for “efforts are not appropriate”, and make technical changes and amended Subsec. (o) to require a permanency hearing pursuant to Sec. 46b-129(k), substitute yearly reviews while the child remains in the custody of commissioner for yearly reviews until adoption plan is finalized, and make technical changes; P.A. 15-159 amended Subsec. (j) to add “abused” in Subdiv. (3)(B) and (E), effective July 2, 2015; P.A. 16-28 amended Subsec. (k)(2) by replacing “Adoption Assistance and Child Welfare Act of 1980, as amended” with “Adoption and Safe Families Act of 1997, as amended from time to time”, effective July 1, 2016; P.A. 16-70 amended Subsec. (j)(3)(G) by replacing provisions re conviction of sexual assault with provision re commission of act constituting sexual assault or compelling spouse or cohabitor to engage in sexual intercourse and by deleting provisions re exception for violation of Sec. 53a-71 or 53a-73a and re termination of parental rights after conviction, effective July 1, 2016; P.A. 16-105 amended Subsecs. (k)(2) and (o) by replacing references to Adoption Assistance and Child Welfare Act of 1980 with “Adoption and Safe Families Act of 1997, as amended from time to time” and making technical changes, effective June 3, 2016; P.A. 19-189 amended Subsec. (j)(3)(G) by adding “of the general statutes, revision of 1958, revised to January 1, 2019” re Sec. 53a-70b.

See Sec. 45a-764 re adoption procedures.

Annotations to former section 17-43a:

Cited. 165 C. 435, 436; 168 C. 421. Statute requires establishing the complete absence of an ongoing relationship. 177 C. 648. Cited. 179 C. 155; 181 C. 638; 182 C. 545; 183 C. 11; 187 C. 431; 188 C. 259. Due process requires proof of allegations by clear and convincing evidence rather than the preponderance of evidence standard of proof. 189 C. 58. Cited. Id., 66; Id., 276. Principles of res judicata and collateral estoppel as applied to petitions to terminate parental rights discussed. 190 C. 310. Cited. 194 C. 252; 195 C. 344; 196 C. 18; 210 C. 157; 215 C. 31; Id., 277; 217 C. 459.

Cited. 1 CA 298; Id., 463; 2 CA 705; 3 CA 30; 4 CA 653; 6 CA 194; Id., 360; 9 CA 506; Id., 598; Id., 608; 10 CA 36; 11 CA 497; Id., 507; 13 CA 23; Id., 91; Id., 605; Id., 626; 15 CA 367; 16 CA 693; 18 CA 806; 19 CA 20; Id., 371; 20 CA 228; Id., 725; 23 CA 207; 24 CA 135; Id., 338. Where statutory requirements are met, a mother's prenatal conduct can be basis of a finding of neglect or termination of parental rights. 25 CA 586; judgment reversed, see 223 C. 492. Cited. 26 CA 414; 29 CA 112; Id., 600; 30 CA 839.

Cited. 31 CS 271; 41 CS 23; Id., 145.

Subsec. (a):

Subdiv. (3): Termination of parental rights and relation thereto of adoptability of minor child discussed. 189 C. 66. Failure to rehabilitate cited; no ongoing parent-child relationship cited. 194 C. 252. Cited. 217 C. 459.

Subsec. (b):

Simultaneous hearing under statute not violation of due process rights on its face and as applied. 179 C. 155. Cited. 201 C. 229.

Subdiv. (2): Court dismissed as not proven alternate ground for termination of parental rights where parents have failed to achieve a degree of personal rehabilitation that would allow them to assume a responsible position in their child's life; the dismissal of this alternate ground was not at issue in case. 2 CA 705, 707. Subdiv. (4): No ongoing parent-child relationship discussed. Id., 705. Cited. 3 CA 194; Id., 507; 9 CA 490; 15 CA 455; 22 CA 656; 24 CA 338; 30 CA 839; 35 CA 490; 38 CA 214.

Annotations to present section:

Cited. 223 C. 492. Court held legislature intended provisions of Sec. 52-212a and this section to coexist so Superior Court has limited jurisdiction to open judgment for termination of parental rights for 4 months after its rendering but not thereafter in absence of waiver of consent. 224 C. 263. Cited. 229 C. 345; 234 C. 194. Commissioner not required to prove, by clear and convincing evidence, that reasonable efforts were made to reunite parent with children as a predicate to terminating parental rights; provision requiring commissioner to make reasonable efforts to reunite parent and child does not apply retroactively. 250 C. 674. In order to terminate a parent's parental rights under section, petitioner required to prove, by clear and convincing evidence, that department has made reasonable efforts to reunify family, termination is in best interest of child, and there exists any of the 7 grounds for termination delineated in Subsec. (j)(3). 268 C. 614. A child has standing to appeal from termination of parental rights because the rights of the child are inextricably intertwined with those of the parent. 290 C. 131. Section requires the department to make reasonable efforts at reunification, including taking the parent's mental condition into consideration, and failure to provide adequate services because of the parent's mental condition would violate section and the Americans with Disabilities Act. 326 C. 480. Legislature's enactment of Subsecs. (b) to (h) did not reflect an intention to abrogate or limit the courts' common-law authority, as codified in Sec. 46b-121(b)(1), which includes the ability to order posttermination visitation as long as it is necessary or appropriate to secure the welfare, protection, proper care and suitable support of the child; instead the legislature intended Subsecs. (b) to (h) to be more limited in scope and codify and make regular the process by which parties accomplish cooperative post adoption agreements. 336 C. 545.

Where statutory requirements are met, a mother's prenatal conduct can be basis of a finding of neglect or termination of parental rights. 25 CA 586; judgment reversed, see 223 C. 492. Cited. 26 CA 58; Id., 414; 28 CA 247; 29 CA 112; Id., 600; 30 CA 839; 35 CA 276; Id., 490; 40 CA 366; 46 CA 69. Jurisdiction for terminating parental rights lies either in Probate Court or Superior Court pursuant to this section and Sec. 45a-715(a) and (g); administrative hearing officer in department has no authority to hear or determine a petition for termination of parental rights; there is no statutory requirement that department file a treatment plan as condition precedent to filing of a termination petition; in a termination proceeding, burden is on department to prove by clear and convincing evidence that sufficient grounds exist for termination and that termination would serve the best interests of the child. 49 CA 706. Section requires trial court to analyze respondent's rehabilitative status as it relates to the needs of the particular child, and further, that such rehabilitation must be foreseeable within a reasonable time. Id., 763. Parent failed to achieve personal rehabilitation when, as of date of the petition, parent is unrecovered, active alcoholic and substance abuser, unable to provide for care and custody of the children, and termination of parental rights is in best interest of the children where trial court made specific findings regarding the seven statutory factors. 51 CA 446. Trial court did not err in finding the parent had not rehabilitated herself and could not assume a responsible position in the life of the child within a reasonable time. Id., 829. Res judicata does not bar reliance on provision authorizing termination of parental rights where a child has been found in prior proceeding to have been neglected. 52 CA 576. Burden of proof was not shifted to respondent father as to whether department made reasonable efforts to reunify him with the child because department made reasonable efforts specifically directed to respondent by offering him over the course of 3 years at least 6 services to facilitate reunification. 56 CA 776. 7 factors set forth in section serve simply as guidelines to court and are not statutory prerequisites that need to be proven by clear and convincing evidence before termination can be ordered. 60 CA 96. Use of clearly erroneous standard of review on appeal from a termination of parental rights proceeding does not deny respondent adequate procedural safeguards. 85 CA 528. Even when there is a finding of a bond between parent and a child, it still may be in child's best interest to terminate parental rights. 104 CA 744. Court properly found parents had failed to achieve sufficient rehabilitation. 105 CA 515. There is no requirement that a previously adjudicated child on whose behalf a petition to terminate parental rights is filed must have been in the custody of petitioner for any specific period of time before such petition may be filed. 139 CA 239. Determination of child's best interests occurs only after statutory grounds for termination of parental rights have been established by clear and convincing evidence, and it is improper for termination of parental rights to be grounded on finding that child's prospective home will be “better” than life with one or more biological parent. 154 CA 488. The interconnection among Subsecs. (j)(1), (j)(3) and (k) reveals a legislative intent that, in attempting to reunify the parent with the child pursuant to Subsec. (j)(1), the department must make reasonable efforts to assist the parent in addressing and overcoming the specific impediments preventing reunification, i.e., the statutory grounds advanced by the department pursuant to Subsec. (j)(3). 170 CA 833.

Cited. 43 CS 108; 44 CS 101; Id., 169; Id., 551. Discussed. 45 CS 364.

Subsec. (a):

Authority to draft and sign petitions to terminate parental rights is not limited to attorneys. 247 C. 1.

Cited. 40 CA 366.

Subsec. (i) (former Subsec. (b)):

Cited. 221 C. 903; 226 C. 917; 229 C. 345.

Cited. 24 CA 338; 25 CA 536; Id., 741; 26 CA 58; 30 CA 839; 33 CA 12; 38 CA 214; 39 CA 353; 42 CA 664; 44 CA 80. Trial court properly found abandonment, that department did all it could to give respondent custody and did not shift the burden of permanency planning. 47 CA 124. Grounds of failure to achieve personal rehabilitation and nonaccidental or inadequately explained serious physical injury of child discussed. 49 CA 229. Cited. Id., 541. Subdiv. (2): Court properly granted coterminous petitions on basis of failure to achieve personal rehabilitation and a new adjudication of neglect was not required because court's reliance on prior adjudications of neglect was not improper. 63 CA 339.

Subsec. (j) (former Subsec. (c)):

Cited. 229 C. 345. Not unconstitutional as applied to termination of parental rights of an unfit mother upon proof by clear and convincing evidence that her child has been, among other things, uncared for. 270 C. 382. Even if the evidence had established that additional family therapy might have been beneficial, trial court's finding that department made reasonable efforts at reunification was not clearly erroneous. 290 C. 131. Under 2003 revision, department must prove either that it has made reasonable efforts to reunify parent and child or, alternatively, that the parent is unwilling or unable to benefit from reunification efforts. 293 C. 539. Where prior neglect adjudication must be opened, there was no longer any basis for trial court's finding that the children were neglected, regardless of whether parent raised claim on appeal, because court's finding was based on the prior neglect adjudication. 301 C. 345. A prior order of specific steps toward rehabilitation is required for any termination of parental rights grounded solely on a parent's failure to rehabilitate, except that, under the particular circumstances of this case, failure to provide specific steps constituted harmless error. 310 C. 485. It was necessary for the trial court to consider events subsequent to the filing of the petition for termination of parental rights when determining whether the department has made reasonable efforts to reunify child with respondent. 321 C. 523. Subdiv. (1): Finding of reunification efforts not required under section and Sec. 17a-111b is an independent basis on which to terminate parental rights. 322 C. 231. Department's failure to make reasonable modifications to its services, programs or activities to accommodate a parent's disability would likely preclude a finding under Subdiv. (1) that the department's reunification efforts were reasonable under the circumstances. 326 C. 480. Subdiv. (3)(C): “act or acts of parental commission or omission” includes both positively harmful actions of a parent and a parent's more passive failures to take action to prevent harm from occurring, and respondents' omissions, namely their failure over the course of three years to acknowledge the cause of the child's injuries and to take therapeutic steps that would prevent a similar tragedy from occurring in the future, clearly fell within the purview of Subpara. 327 C. 506.

Cited. 30 CA 839; 49 CA 510. Resolution of whether termination petitions are appropriate requires a trial court to determine, inter alia, if termination of parental rights would serve best interests of the child. Id., 706. Trial court's determination that grounds existed to terminate respondent's parental rights was not clearly erroneous where trial court concluded that respondent's failure to believe child when confronted with child's account of incidents of abuse as well as with abuser's admission of abuse, and respondent's failure to protect child from further abuse, to utilize reunification services and to cooperate with police and department to ensure child's protection, constitute acts violative of Subdiv. (3)(C). Id., 763. Moving out of state relevant circumstance to determination of reasonable effort to reunite family. 50 CA 554. Provisions for granting a petition under Subsec. interpreted. 51 CA 595. “Reasonable efforts” in Subdiv. (1) defined and department required to take into consideration parent's mental condition when determining what “reasonable efforts” to make at reunification. 54 CA 463. Trial court properly found, with respect to Subdiv. (3)(D), that biological father of the minor child did not maintain an ongoing parent-child relationship and that to allow additional time for establishing such a relationship would be detrimental to the best interests of the minor child who had no positive memories of and negative feelings toward her father. 55 CA 807. Subdiv. (3): Abandonment focuses on parent's conduct and occurs where a parent fails to visit a child, does not display love or affection for the child, does not personally interact with the child and demonstrates no concern for the child's welfare; to “maintain” a reasonable degree of interest, concern or responsibility implies a continuing, reasonable degree of concern and not a sporadic showing. 56 CA 12. As used in Subdiv. (3)(B), personal rehabilitation refers to restoration of a parent to his or her former constructive and useful role as a parent; Subdiv. (3)(B) is not void for vagueness; it provides fair warning of the conduct necessary for personal rehabilitation and provides minimum guidelines for enforcement. Id., 167. Failure to achieve rehabilitation must be proven by clear and convincing evidence, which is something more than preponderance of the evidence, required in neglect proceedings and in other civil cases, but something less than proof beyond a reasonable doubt, required in criminal cases; rehabilitation must be foreseeable within a reasonable time, which is a factual determination that must be made on case-by-case basis. Id., 688. “Personal rehabilitation” under Subdiv. (3)(B), revised to 1997, defined. 57 CA 441. Discussed re parent's failure to achieve sufficient personal rehabilitation and lack of an ongoing parent-child relationship; Appellate Court need only find one statutory basis to affirm decision to terminate parental rights. 58 CA 234. Father abandoned child within meaning of statute; claim is not valid that section is unconstitutionally void for vagueness because it fails to put an incarcerated parent on notice re how to prevent termination of parental rights; section does not violate double jeopardy clause of U.S. Constitution as applied to incarcerated parent. Id., 244. Subdiv. (3)(B) requires trial court to analyze respondent's rehabilitative status as it relates to needs of the child and such rehabilitation must be foreseeable within a reasonable time; trial court's finding that respondent failed to achieve sufficient personal rehabilitation was not clearly erroneous. 61 CA 19. Adjudication of neglect is not a prerequisite to order terminating parental rights on the basis of abandonment. Id., 185. Court did not abuse its discretion when it declined to apply Matthews v. Eldridge balancing test in denying respondent's motion to bifurcate termination hearing; Subsec. protects due process rights of respondent by requiring clear and convincing evidence in the adjudicatory phase. Id., 197. Evidence and standards re determination of degree of personal rehabilitation under Subdiv. (3)(B) in adjudicatory phase of termination proceedings discussed. Id., 224. Reasonable efforts, for purposes of Subdiv. (1), means doing everything reasonable, not everything possible; relative youth of respondent not an excuse in determination of failure to achieve personal rehabilitation under Subdiv. (3)(B). Id., 248. Department's act of offering mother substance abuse evaluation and treatment, parenting skill classes, domestic violence counseling, a family reunification program, a psychological evaluation and visitation constituted “reasonable efforts to locate the parent and to reunify the child with the parent”; trial court's determination to terminate parental rights based on failure to achieve sufficient personal rehabilitation affirmed. 62 CA 470. Father's claim under Subsec. is moot because father did not challenge court's finding that he was unwilling to benefit from reunification efforts, which finding satisfied the statute's first prong; case is distinguishable from In re Valerie D. because here it was the father's own conduct, not conduct of a third party, that prevented development of a relationship with his children. Id., 500. Subdiv. (3)(D): Trial court's conclusion that there was no ongoing parent-child relationship was factually supported by the record; evidence established that 9-year-old child had no present memories of or feelings for respondent father and had never known his father; court also found by clear and convincing evidence that it was not in child's best interest to allow further time to establish a parent-child relationship because child is very emotionally fragile and suffers from several disorders, has bonded with his maternal grandparents who are making progress with him, has a strong need for permanency and respondent father is unable to understand child's special needs. 63 CA 516. Lack of rehabilitation may be demonstrated by the length of time in which defendant waits to begin the first rehabilitative steps. 65 CA 538. Court properly based its decision on 217 C. 459 where respondent, rather than the state, created circumstances that caused and perpetuated the lack of an ongoing relationship between respondent and the child. 67 CA 417. Trial court's determination that department had made reasonable efforts to reunify respondent and her child was not clearly erroneous. 68 CA 342. Trial court improperly concluded that department's efforts to reunify respondent with minor child were reasonable under circumstances of case where department acknowledged that decision not to engage respondent in further reunification efforts was based on prior experiences with respondent; at department's request, respondent completed substance abuse treatment yet department did not make reasonable efforts at reunification when it should have done so; trial court's finding that respondent was unable or unwilling to benefit from reunification efforts not supported by clear and convincing evidence. 73 CA 637. In determining whether there was an ongoing parent-child relationship, it is the character of that relationship at the time of the filing of termination petition that is relevant to court's inquiry. 75 CA 466. Subdiv. (3)(B): Personal rehabilitation refers to restoration of a parent to his or her former constructive and useful role as a parent; statute requires court to find by clear and convincing evidence that the parent's level of rehabilitation is less than that which would encourage a belief that he or she can assume a responsible position in the child's life within a reasonable time. 83 CA 17. Consideration of best interest of child comes after a determination that termination is warranted. 85 CA 528. Statutory requirements for termination of parental rights discussed; court properly concluded that commissioner had established, by clear and convincing evidence, that, despite parental skills training provided by department to parents, parents did not have ability to care for their daughters, either at time of termination proceedings or in the immediately foreseeable future; legislature's choice of “clear and convincing evidence” standard of proof under Subsec. does not violate due process provisions of state constitution; state constitution does not require court or legislature to equate terminations of parental rights with criminal convictions. 90 CA 565. Judgment terminating father's parental rights was improper and could not stand where evidence showed department made no efforts to foster a relationship between child and father prior to filing of termination petition because father's paternity had not been conclusively established. 93 CA 42. Subdiv. (3): Although “serious physical injury” in Subpara. (F) is not defined in statute, the court looked to its commonly approved usage, which is its dictionary definition; when applied to circumstances of case, there is ample evidence that the child's physical injury, a broken elbow caused by respondent mother who threw her young child across the floor and failed to seek medical attention for her injury for almost five days after the assault, was serious since the assault caused a severe fracture to child's elbow, required casting and caused distress to the child for at least three weeks after the assault. 97 CA 748. Subdiv. (3)(B)(ii): Neither Appellate Court nor trial court may speculate, or make a finding with respect to a termination of parental rights petition, on the basis of evidence that is not in the record. 104 CA 635. Subdiv. (3)(B)(ii): Issue is not whether parent has improved her ability to manage her life but whether she has gained an ability to care for the specific needs of her children. Id., 744. Subdiv. (3)(B): In making the determination as to whether the parent has achieved a sufficient degree of personal rehabilitation, the proper focus is on the parent's demonstrable development in relation to the needs of the child; the critical issue in assessing rehabilitation is whether the parent has gained the ability to care for the particular needs of the child at issue. 108 CA 839. In action for the termination of parental rights, the court did not deny respondent her procedural due process rights when conducting a trial on the merits with only her counsel present as the court still required petitioner to prove by clear and convincing evidence not only the grounds for termination, but that it was in the child's best interest for respondent's parental rights to be terminated. 111 CA 210. Trial court properly concluded that mother's denial of drug use and refusal to submit to drug testing supported adjudication that she failed to achieve personal rehabilitation under Subdiv. (3)(B); court properly determined that mother failed to achieve personal rehabilitation under section despite extensive use of support systems. 112 CA 69. Parental rights may be terminated under Subdiv. (3)(B)(i) because a parent must be able to meet the needs of the child, which are paramount, regardless of the needs of the parent, and the critical issue is not whether the parent has improved ability to manage own life but whether the parent has gained ability to care for the needs of the child. Id., 582. Reasonable efforts to reunite respondent and child were no longer appropriate where respondent abandoned child by leaving home and not communicating with child or inquiring as to child's welfare while respondent was living and incarcerated in another state or when he returned to Connecticut, where he failed to support child and was convicted and incarcerated for sexual assault of a minor. 115 CA 111. Department made reasonable efforts to reunify child with parent where department offered mother substance abuse treatment, group and individual therapy, drug testing, supervised and unsupervised visitation, parenting education, psychological evaluation, in-home reunification services, housing assistance and transportation and mother failed to achieve a sufficient degree of personal rehabilitation and her inability to parent prevented her from assuming a responsible position with respect to her child. 117 CA 710. Subdiv. (3)(B): Trial court must analyze the respondent's rehabilitative status as it relates to the needs of the particular child and whether prospects for rehabilitation can be realized within a reasonable time given the age and needs of the child. 120 CA 523. Subsec. not unconstitutionally void for vagueness as applied to respondent since referral for sexual offender treatment was sufficient to put respondent on notice that failure to attend could result in termination of his parental rights. 121 CA 376. Court improperly required petitioner to prove a subordinate fact by clear and convincing evidence. 123 CA 103. Subdiv. (3): Unresolved issues of domestic violence and lack of stable, safe housing support conclusion that parent failed to achieve sufficient degree of personal rehabilitation; respondent did not demonstrate that her counsel's representation resulted in prejudice to her. 126 CA 71. A 3-month time frame for achieving necessary degree of personal rehabilitation was reasonable given the age and needs of the child. 129 CA 449. Subdiv. (3)(B): “Rehabilitation” is not limited to the conduct contemplated in the prescribed specific steps. 148 CA 308. Subdiv. (3)(B): The use of “provide” in Subpara. does not require physical delivery of the specific steps to parent where parent has evaded detection or refused to respond to department's inquiries, neither is there one-size-fits-all definition prescribing steps to be taken, rather, it is more consistent with jurisprudence in this area that this issue be addressed on case-by-case basis. 185 CA 512. Subdiv. (1): Where respondent challenged only one of the two separate and independent bases for upholding court's determination that the requirements of the Subdiv. had been satisfied, court unable to provide respondent with practical relief on appeal. 190 CA 583. In analyzing issue of reasonable reunification efforts under Subsec., trial court did not improperly fail to consider events that occurred after the adjudication date as there were no obvious factors that affected the practicality of reunification efforts prior to such date. 194 CA 633. Subdiv. (3)(D): Failure to establish that no parent-child relationship existed between respondent and child does not inevitably lead to conclusion that the parent-child relationship was normal and healthy or meaningful. 202 CA 106. Subdiv. (3)(C): Although the respondent did not commit physical or sexual abuse against his own children, his sexual assault of another minor and consequent incarceration resulted in his children being abused and neglected in the custody of their mother and denied his children the care, guidance, or control necessary for their wellbeing. 211 CA 275.

Cited. 44 CS 551. Legislature intended that Subdiv. (3)(F) be applied retroactively to facts which took place prior to its enactment; also, the law to be applied in a termination proceeding is the law that exists at time termination proceeding is brought. 45 CS 586. Subdiv. (3)(B)(i): Respondent's due process rights were not violated because one of the elements authorizing termination of parental rights required proof by clear and convincing evidence that a neglect finding was made in a prior proceeding and did not require a relitigation of such finding in the termination proceeding. 53 CS 402.

Subsec. (k) (former Subsec. (d)):

Cited. 229 C. 345. The plain language of Subdiv. (4) directs the trial court to consider the children's emotional ties with a long list of people in determining whether termination of respondent's parental rights is in their best interest; nothing in Subdiv. (4), however, required the trial court to consider only the children's emotional ties with respondent; therefore, it was appropriate for the trial court to consider the children's emotional ties to the preadoptive foster family in considering whether termination of respondent's parental rights was in the children's best interest; although a trial court shall consider and make written findings re the factors enumerated in Subsec., the trial court's determination of the best interests of a child will not be overturned on the basis of one factor if that determination is otherwise factually supported and legally sound. 317 C. 723.

Cited. 24 CA 338; 30 CA 839; 33 CA 12; 38 CA 214; 39 CA 353; 44 CA 80. Trial court's findings that department had made the statutorily required “reasonable efforts” to reunify children with their mother were not supported by clear and convincing evidence; judgments reversed. 48 CA 290. Record supported trial court's factual findings where trial court found that respondent's decision to protect abuser, to deny or disregard the effects of sexual abuse on the child and to refuse counseling services prevented respondent from having a relationship with the child, and that department offered various counseling services to assist respondent and to facilitate reunification with the child, but respondent failed to utilize them. 49 CA 763. Subdiv. (1): Although respondent mother was offered a number of services by department aimed at reunification, including overnight visitation, visitation at the school and rehabilitation center, a bus pass to facilitate transportation, a psychological evaluation and various other social worker services, she failed to take advantage of them and to become more than minimally involved in her child's life; court found by clear and convincing evidence that department made reasonable and appropriate efforts to reunite respondent mother with her child. 56 CA 12. In certain instances, court may be required to make written findings concerning child's emotional ties to preadoptive family; such finding is required when child has developed significant emotional ties to preadoptive family and that family has exercised physical care, custody or control of the child for at least 1 year. 107 CA 395. In arriving at decision in dispositional phase of whether it is established by clear and convincing evidence that continuation of respondent's parental rights is not in best interest of the child, court is mandated to consider and make written findings regarding the 7 factors delineated in Subsec. 120 CA 523. Under Subsec., the word “reasonable” is the linchpin on which department's efforts in a particular set of circumstances are to be adjudged, using the clear and convincing standard of proof; “reasonable efforts” means doing everything reasonable, not everything possible. 124 CA 650. Subdiv. (7) does not require the court to consider the effect of respondent's illness and treatment when it evaluates the evidence. 163 CA 322; judgment reversed on alternate grounds, see 323 C. 640.

Sec. 17a-113. (Formerly Sec. 17-43b). Custody of child pending application for removal of guardian or termination of parental rights; enforcement by warrant. When application has been made for the removal of one or both parents as guardians or of any other guardian of the person of such child, or when an application has been made for the termination of the parental rights of any parties who may have parental rights with regard to any minor child, the superior court in which such proceeding is pending may, if it deems it necessary based on the best interests of the child, order the custody of such child to be given to the Commissioner of Children and Families or some proper person or to the board of managers of any child-caring institution or organization, or any children's home or similar institution licensed or approved by the Commissioner of Children and Families, pending the determination of the matter, and may enforce such order by a warrant directed to a proper officer commanding the officer to take possession of the child and to deliver such child into the custody of the person, board, home or institution designated by such order; and said court may, if either or both parents are removed as guardians or if any other guardian of the person is removed, or if said parental rights are terminated, enforce its decree, awarding the custody of the child to the person or persons entitled thereto, by a warrant directed to the proper officer commanding the officer to take possession of the child and to deliver such child into the care and custody of the person entitled thereto. Such officer shall make returns to such court of such officer's doings under either warrant. Upon the issuance of such order giving custody of the child to the Commissioner of Children and Families, or not later than sixty days after the issuance of such order, the court shall make a determination whether the Department of Children and Families made reasonable efforts to keep the child with his or her parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible, taking into consideration the child's best interests, including the child's health and safety.

(P.A. 74-164, S. 17, 20; P.A. 75-420, S. 4, 6; P.A. 76-436, S. 590, 681; P.A. 77-614, S. 521, 610; P.A. 82-43, S. 1; P.A. 93-91, S. 1, 2; May 9 Sp. Sess. P.A. 02-7, S. 34.)

History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 76-436 replaced juvenile court with superior court and gave custody of children to commissioner of children and youth services rather than commissioner of social services, effective July 1, 1978; P.A. 77-614 replaced social services commissioner with commissioner of human resources as licensing authority of institutions, effective January 1, 1979; P.A. 82-43 replaced human resources commissioner with children and youth services commissioner as licensing or approving agency for children's homes and institutions; Sec. 17-43b transferred to Sec. 17a-113 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; May 9 Sp. Sess. P.A. 02-7 authorized the court to issue the custody order “if it deems it necessary based on the best interests of the child” rather than “if it deems it necessary”, added provision requiring the court upon the issuance of order giving custody of the child to Commissioner of Children and Families, or not later than 60 days thereafter, to make a determination whether the Department of Children and Families made reasonable efforts to keep the child with his or her parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible considering the best interests of the child and made technical changes for purposes of gender neutrality, effective August 15, 2002.

Cited. 46 CA 69.

Sec. 17a-114. (Formerly Sec. 17-43c). Licensing or approval of persons for child placement required. Criminal history records and child abuse and neglect registry checks. Placement of children with relatives or fictive kin caregivers. Standard. (a) As used in this section, (1) “approval” or “approved” means that a person has been approved to adopt or provide foster care by a child-placing agency licensed pursuant to section 17a-149, (2) “licensed” means a person holds a license to provide foster care issued by the Department of Children and Families, (3) “fictive kin caregiver” means a person who is twenty-one years of age or older and who is unrelated to a child by birth, adoption or marriage but who has an emotionally significant relationship with such child or such child's family amounting to a familial relationship, and (4) “regular unsupervised access” means periodic interaction with a child in the home for purposes of unsupervised child care, medical or other services to the child.

(b) (1) No child in the custody of the Commissioner of Children and Families shall be placed in foster care with any person, unless (A) (i) such person is licensed for that purpose by the department or the Department of Developmental Services pursuant to the provisions of section 17a-227, or (ii) such person's home is approved by a child placing agency licensed by the commissioner pursuant to section 17a-149, or (iii) such person has received approval as provided in this section, and (B) on and after January 1, 2017, for a child twelve years of age or older, such child has received a foster family profile in accordance with the provisions of section 17a-114e. Any person licensed by the department may be a prospective adoptive parent. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to establish the licensing procedures and standards.

(2) The commissioner shall require each applicant for licensure or approval pursuant to this section and any person sixteen years of age or older living in the household of such applicant to submit to state and national criminal history records checks prior to issuing a license or approval to such applicant to accept placement of a child for purposes of foster care or adoption. Such criminal history records checks shall be conducted in accordance with section 29-17a. The commissioner shall check the (A) state child abuse and neglect registry established pursuant to section 17a-101k for the name of such applicant and for the name of any person sixteen years of age or older living in the household of such applicant, and (B) child abuse and neglect registry in any state in which such applicant or person resided in the preceding five years for the name of such applicant or person.

(3) The commissioner shall require each individual licensed or approved pursuant to this section and any person sixteen years of age or older living in the household of such individual to submit to state and national criminal history records checks prior to renewing a license or approval for any individual providing foster care or adopting. Such criminal history records checks shall be conducted in accordance with section 29-17a. Prior to such renewal, the commissioner shall check the (A) state child abuse and neglect registry established pursuant to section 17a-101k for the name of such applicant and for the name of any person sixteen years of age or older living in the household of such applicant, and (B) child abuse and neglect registry in any state in which such applicant or person resided in the preceding five years for the name of such applicant or person.

(4) 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.

(c) Notwithstanding the requirements of subsection (b) of this section, the commissioner may place a child with a relative or fictive kin caregiver who has not been issued a license or approval, when such placement is in the best interests of the child, provided a satisfactory home visit is conducted, a basic assessment of the family is completed and such relative or fictive kin caregiver attests that such relative or fictive kin caregiver and any adult living within the household has not been convicted of a crime or arrested for a felony against a person, for injury or risk of injury to or impairing the morals of a child, or for the possession, use or sale of a controlled substance. Any such relative or fictive kin caregiver who accepts placement of a child shall be subject to licensure by the commissioner, pursuant to regulations adopted by the commissioner in accordance with the provisions of chapter 54 to implement the provisions of this section or approval by a child-placing agency licensed pursuant to section 17a-149. The commissioner may grant a waiver from such regulations, including any standard regarding separate bedrooms or room-sharing arrangements, for a child placed with a relative or fictive kin caregiver, on a case-by-case basis, if such placement is otherwise in the best interests of such child, provided no procedure or standard that is safety-related may be so waived. The commissioner shall document, in writing, the reason for granting any waiver from such regulations.

(d) Any individual who has been licensed or approved to adopt or provide foster care and any relative or fictive kin caregiver shall apply a reasonable and prudent parent standard, as defined in subsection (a) of section 17a-114d, on behalf of the child.

(P.A. 88-332, S. 1, 4; P.A. 93-91, S. 1, 2; P.A. 94-216, S. 2, 4; P.A. 99-166, S. 5; P.A. 01-70, S. 1, 2; 01-142, S. 11; 01-159, S. 4; P.A. 03-243, S. 7; P.A. 04-88, S. 1; P.A. 05-207, S. 6; 05-246, S. 12; P.A. 07-8, S. 1; 07-73, S. 2(a); P.A. 11-116, S. 2; 11-166, S. 1; Dec. Sp. Sess. P.A. 12-1, S. 24; P.A. 15-199, S. 5; P.A. 16-123, S. 2; 16-124, S. 1; P.A. 18-67, S. 9; 18-111, S. 6; P.A. 19-117, S. 158; 19-120, S. 4.)

History: Sec. 17-43c transferred to Sec. 17a-114 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 94-216 required a relative to be licensed by the commissioner of children and families before having a child placed in his custody, required placements beyond such 45-day period to be subject to certification by the commissioner, and required the commissioner to adopt regulations to establish certification procedures for a caretaker who is a relative of such child, effective June 7, 1994; P.A. 99-166 amended Subsec. (a) by adding provision that any person licensed by department to accept placement of child is deemed to be licensed to accept placement as foster family or prospective adoptive family and provision re criminal records check by commissioner to be criminal records check requested from state police and FBI; P.A. 01-70 amended Subsec. (b) to allow commissioner to place a child with an unlicensed relative for a period of up to 90 days, in lieu of 45 days, when such placement is in the best interests of the child, to delete requirement that placements with a relative beyond the 45-day period be subject to certification by commissioner, to require licensure for any such relative who accepts placement of a child in excess of the 90-day period with an exception, and to authorize commissioner to grant a waiver, for a child placed with a relative, from a procedure or standard other than a safety standard based on relative's home and needs and best interests of the child, requiring that reason for any waiver granted be documented, effective July 1, 2001; P.A. 01-142 reinstated former Subsec. (b) re placements that was deleted by P.A. 01-159, including changes made by P.A. 01-70, and redesignated Subsec. (b) added by P.A. 01-159 as Subsec. (c); P.A. 01-159 amended Subsec. (a) by deleting provision re criminal records check, deleted existing Subsec. (b) re placements and added new Subsec. (b) re criminal history records checks; P.A. 03-243 amended Subsec. (a) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re criminal history records checks and child abuse registry checks for applicants and persons 16 or older living in household of applicants and deleted former Subsec. (c) re fingerprinting of applicants and criminal history records and child abuse registry checks; P.A. 04-88 added new Subsec. (a) defining “licensed” and “special study foster parent” for purposes of section, allowed commissioner to place children 14 years of age or older with special study foster parents, required reasons for waivers to be in writing and redesignated existing Subsecs. (a) and (b) as new Subsecs. (b) and (c), respectively; P.A. 05-207 amended Subsec. (b)(2) to delete requirement that commissioner check state child abuse registry for perpetrator information; P.A. 05-246 amended Subsec. (b)(1) to require that persons be licensed by Department of Mental Retardation pursuant to Sec. 17a-227 or that person's home is approved by child placing agency licensed pursuant to Sec. 17a-149, effective July 8, 2005; P.A. 07-8 amended Subsec. (c) to lower the age of children placed with special study foster parents from 14 to 10 years of age and to permit placement of a child with an unlicensed nonrelative for a period of 90 days if the child's sibling who is related to the caregiver is also placed with such caregiver; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; P.A. 11-116 amended Subsec. (c) by specifying that commissioner may waive a separate bedroom or room-sharing standard but not a safety-related standard; P.A. 11-166 amended Subsec. (c) by deleting “if the child is ten years of age or older” re placement with a special study foster parent, effective July 1, 2011; Dec. Sp. Sess. P.A. 12-1 amended Subsec. (c) to delete provisions re 90-day placement period, replace exception re relative certified prior to July 1, 2001, with provision re licensure pursuant to regulations, replace “procedure or standard” with “regulations” re waiver, and replace provisions re reason for waiver pursuant to section to be documented in writing and re adoption of regulations establishing certification procedures and standards with provision re reason for waiver from regulations to be documented in writing, effective December 21, 2012; P.A. 15-199 amended Subsec. (a) by adding definitions of “approval” and “regular unsupervised access” and replacing “special study foster parent” with “fictive kin caregiver”, amended Subsec. (b) by adding provisions re placement of child in foster care with person who has received approval as provided in section in Subdivs. (1) and (2) and added Subdivs. (3) to (5) re criminal history record checks, amended Subsec. (c) to delete references to nonrelative, replace references to special study foster parent with references to fictive kin caregiver and delete provision re sibling, added Subsec. (d) re application of reasonable and prudent parent standard, and made technical and conforming changes, effective July 1, 2015; P.A. 16-123 amended Subsec. (b)(1) by redesignating existing Subparas. (A) to (C) as clauses (i) to (iii) in Subpara. (A) and adding new Subpara. (B) re child 12 years of age or older to receive foster family profile; P.A. 16-124 amended Subsec. (a)(3) by deleting provision re fictive kin caregiver who is not approved or licensed to provide foster care by the department, amended Subsec. (c) by adding provision re relative or fictive kin caregiver who accepts placement of child subject to approval by child-placing agency, and made technical changes; P.A. 18-67 amended Subsec. (a)(3) by redefining “fictive kin caregiver”, effective July 1, 2018; P.A. 18-111 amended Subsec. (b) by deleting former Subdiv. (3) re criminal history records checks and check of state child abuse registry, redesignating existing Subdiv. (4) as Subdiv. (3), and amending same to add provision re conducting criminal history records checks and check of state child abuse registry, and deleting Subdiv. (5) re commissioner's authority to require certain persons with regular unsupervised access to child to submit to criminal history records checks, effective June 7, 2018; P.A. 19-117 amended Subsec. (a)(1) by redefining “approval” or “approved”, amended Subsec. (b)(2) by designating existing provisions re commissioner to check state child abuse registry for name of applicant and name of person age 16 or older living in household of applicant as Subpara. (A) and amending same by adding “and neglect”, adding Subpara. (B) re commissioner to check state child abuse and neglect registry in any state in which applicant or person resided in preceding 5 years, and making a technical change, amended Subsec. (b)(3) by adding “or adopting”, adding “Prior to such renewal,”, designating existing provisions re commissioner to check state child abuse registry for name of applicant and name of any person age 16 or older living in household of applicant as Subpara. (A) and amending same by adding “and neglect”, deleting “prior to such renewal”, and adding Subpara. (B) re commissioner to check child abuse and neglect registry in any state in which applicant or person resided in preceding 5 years, further amended Subsec. (b) by adding Subdiv. (4) re commissioner to comply with request to check child abuse and neglect registry made by child welfare agency of another state, and making technical changes, and amended Subsec. (d) by adding “adopt or”, effective July 1, 2019; P.A. 19-120 made identical changes as P.A. 19-117, effective July 1, 2019.

Cited. 31 CA 400; judgment reversed, see 230 C. 459.

Sec. 17a-114a. Liability of persons for personal injury to children placed in their care. A person licensed pursuant to section 17a-114 shall be liable for any act or omission resulting in personal injury to a child placed in his or her care by the Commissioner of Children and Families to the same extent as a biological parent is liable for any act or omission resulting in personal injury to a biological child in his or her care.

(P.A. 94-216, S. 1, 4; P.A. 96-194, S. 6; P.A. 15-51, S. 3; P.A. 16-28, S. 32.)

History: P.A. 94-216 effective June 7, 1994; P.A. 96-194 added reference to certification; P.A. 15-51 deleted “or certified”; P.A. 16-28 made technical changes.

Cited. 238 C. 146.

Sec. 17a-114b. Credit report review for youth placed in foster care. The Commissioner of Children and Families, pursuant to the federal Child and Family Services Improvement and Innovation Act and the federal Preventing Sex Trafficking and Strengthening Families Act, shall request, annually, a free credit report on behalf of each child fourteen years of age or older who is in the custody of the commissioner and placed in foster care. Upon receipt of each credit report, the commissioner or a designee of the commissioner shall review the report for evidence of identity theft, as defined in section 53a-129a and provide a copy of the report to such child's attorney or guardian ad litem, if any. Upon receipt of the credit report, if feasible, such attorney or guardian ad litem shall review the report for evidence of identity theft, as defined in section 53a-129a, and, in conjunction with the commissioner or designee, shall assist such child in interpreting such report and resolving any inaccuracies contained in such report. If the commissioner or the commissioner's designee finds evidence of identity theft, not later than five business days after receipt of the credit report, the commissioner shall report such findings to the office of the Chief State's Attorney.

(P.A. 10-157, S. 1; June Sp. Sess. P.A. 10-1, S. 62; P.A. 13-40, S. 4; P.A. 15-199, S. 12.)

History: P.A. 10-157 effective July 1, 2010; June Sp. Sess. P.A. 10-1 made technical changes in Subsec. (a), effective July 1, 2010; P.A. 13-40 replaced “Fair and Accurate Credit Transactions Act” with “Child and Family Services Improvement and Innovation Act”, deleted provision re when commissioner to make first request for a credit report, added provision requiring commissioner to provide a copy of credit report to the youth's attorney or guardian ad litem and assist the youth in interpreting the report, deleted former Subsec. (b) re commissioner to review each credit report and made a conforming change; P.A. 15-199 added reference to the federal Preventing Sex Trafficking and Strengthening Families Act and reduced age at which commissioner is to request annual credit report for child in foster care from age 16 to age 14, and made conforming changes, effective July 1, 2015.

Sec. 17a-114c. Approval of foster or adoptive family application when a child has died. The Commissioner of Children and Families may approve an applicant as a foster family or prospective adoptive family notwithstanding that a biological, adoptable or adopted child of the applicant has died less than one year before the date of the application.

(P.A. 10-161, S. 4.)

History: P.A. 10-161 effective June 8, 2010.

Sec. 17a-114d. Caregiver authority. Reasonable and prudent parent standard. Liability. (a) For purposes of this section:

(1) “Caregiver” means (A) a person who holds a license issued by the Department of Children and Families to provide foster care, (B) a person who has been approved to provide foster care by a child-placing agency licensed pursuant to section 17a-149, (C) a relative or fictive kin caregiver, as defined in section 17a-114, or (D) an operator or official of a child-placing agency licensed pursuant to section 17a-149 in which a child has been placed;

(2) “Reasonable and prudent parent standard” means the standard characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child;

(3) “Normal childhood activities” means extracurricular, enrichment and social activities that may include, but not be limited to, overnight activities outside the direct supervision of the caregiver for periods of up to forty-eight hours; and

(4) “Age appropriate or developmentally appropriate” means (A) activities or items that are generally accepted as suitable for children of the same chronological age or maturity level or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; or (B) in the case of a specific child, activities or items that are suitable for such child based on such child's cognitive, emotional, physical and behavioral capacities.

(b) A caregiver shall have the authority, without prior approval of the department, Probate Court or Superior Court, to allow a child in his or her care that is the subject of a service plan or safety plan to participate in normal childhood activities that are age appropriate or developmentally appropriate for such child based on a reasonable and prudent parent standard, provided (1) such activities comply with provisions included in any existing service plan or safety plan established by the department or court order, and (2) the parent or guardian of such child or youth shall be afforded an opportunity to provide input into the development of such service plan or safety plan. The Commissioner of Children and Families shall promulgate department policy to provide guidance to caregivers concerning the reasonable and prudent parent standard. Such guidance shall include factors for the caregiver to consider prior to allowing a child to participate in age appropriate or developmentally appropriate activities, including, but not limited to, the child's age, maturity, mental and physical health, developmental level, behavioral propensities and aptitude. The commissioner shall notify each caregiver of the department policy promulgated pursuant to this subsection.

(c) (1) A representative of the department shall document the child's interest in and pursuit of normal childhood activities during regular home visits and document the child's participation in normal childhood activities that are age appropriate or developmentally appropriate in such child's service plan or safety plan.

(2) A representative of the department shall document a child's interest in and pursuit of normal childhood activities that are age appropriate or developmentally appropriate during regular meetings with the parents of such child. A representative of the department shall communicate to the caregiver of such child the opinions of the parents of such child regarding the child's participation in normal childhood activities so that the caregiver may consider the opinions of the parents of such child in the provision of care to the child.

(d) The department, caregiver, child-placing agency or child care facility, as defined in section 17a-93, or any other private entity under contract with the state shall not be liable for any injury to a child that occurs as a result of a caregiver allowing a child to participate in normal childhood activities pursuant to subsection (b) of this section, unless the acts or omissions of the department, caregiver, child-placing agency or child care facility or any other private entity under contract with the state that cause such injury constitute gross, wilful or wanton negligence. The provisions of this subsection shall not be construed to remove or limit any existing liability protection afforded by law.

(e) Any private entity that contracts with the department to provide placement services to children in the legal custody of the department shall have policies consistent with this section. Policies that are not consistent with this section include those that are incompatible with, contradictory to or more restrictive than those provided in this section.

(P.A. 15-199, S. 1.)

History: P.A. 15-199 effective July 1, 2015.

Sec. 17a-114e. Foster family profiles. Foster family survey. (a) On and after January 1, 2017, the Commissioner of Children and Families shall create a foster family profile on each foster family, as defined in section 17a-93, fictive kin caregiver, as defined in section 17a-114, and relative caregiver for distribution to each child twelve years of age or older who is placed in foster care pursuant to section 17a-114. Such foster family profile shall be distributed to such child not less than seven days prior to such child being placed with such foster family, fictive kin caregiver or relative caregiver or, in the case of an emergency placement, as soon as is practicable. Such foster family profile shall contain information including, but not limited to, the name and location of the school the child will attend, the name, age and gender of each individual living in the household, the sleeping arrangements in the household, information on the presence of pets in the household and a brief summary of household expectations.

(b) Not later than January 1, 2017, the Department of Children and Families shall develop or approve a foster care family survey for distribution to each child seven years of age or older who is removed from or leaves a foster family. On and after January 1, 2017, the department shall (1) distribute a foster family survey to a child not later than fifteen days after such child is removed from or leaves a foster home, and (2) catalogue the results of such foster family surveys to gather data that may be used by the department to recruit, train and retain high-quality foster families.

(P.A. 16-123, S. 3.)

History: P.A. 16-123 effective June 7, 2016.

Sec. 17a-114f. Notification of support for foster parents and relative caregivers. (a) Not later than January 1, 2017, the Department of Children and Families shall develop a notification of support to inform foster parents and relative caregivers of their privileges under various state programs. On and after January 1, 2017, the department shall provide a copy of the notification of support to foster parents and relative caregivers at the time of the placement of a child with the foster parent or relative caregiver and upon request of a foster parent or relative caregiver.

(b) The notification of support shall include, but need not be limited to, information regarding:

(1) The foster parent's and relative caregiver's privilege to be a member of the child's placement and treatment teams and to be notified of and included in meetings scheduled by the department concerning the child;

(2) The foster parent's and relative caregiver's privilege to communicate with the child's social worker to share information regarding the child's domestic, social, educational, medical and mental health needs;

(3) The foster parent's and relative caregiver's privilege to be timely notified of all court hearings and administrative case review meetings including, but not limited to, permanency hearings and hearings on motions to revoke commitment concerning a child in the care of the foster parent or relative caregiver;

(4) The foster parent's and relative caregiver's privilege to be provided with information, support and guidance from professional service providers, including, but not limited to, referrals to other professionals regarding the child and assistance in identifying and obtaining services for a child in the care of the foster parent or relative caregiver;

(5) The foster parent's and relative caregiver's privilege to receive open and timely responses to requests for information or services that are relevant to the care of a child in the care of the foster parent or relative caregiver, including, but not limited to, access to a regional office on-call system and careline numbers to enable the foster parent or relative caregiver to contact professional staff after normal business hours;

(6) For a foster parent or relative caregiver who accepts an emergency placement, the foster parent's and relative caregiver's privilege to be provided with information to meet the child's immediate needs not later than twenty-four hours after the time the child is placed or, if such information about the child is not available at the time of placement, not later than thirty days after the date of placement;

(7) The foster parent's and relative caregiver's privilege to have access to records pertaining to the domestic, social, educational, medical and mental health needs of a child placed or being considered for placement with such foster parent or relative caregiver, provided no information identifying the child's birth parents shall be disclosed without such birth parents' permission;

(8) The foster parent's and relative caregiver's privilege to be provided information concerning the department's policies regarding the role and responsibilities of a foster parent or relative caregiver;

(9) The foster parent's and relative caregiver's privilege to be provided appropriate training and support to enhance the parent's or caregiver's relevant skills in order to meet any post-licensing training requirements;

(10) The foster parent's and relative caregiver's privilege to express concerns about a child's treatment plan, advocate for services on behalf of a child, refuse to accept a child for placement, request removal of a child for good cause or communicate with a child's former foster parent, prospective adoptive parent, relative caregiver or birth parent without risk of retaliation by the department;

(11) The foster parent's and relative caregiver's privilege to seek assistance regarding the problem resolution process through the department's chain of command as described in the department's Foster Parent and Adoptive Parent Handbook; and

(12) The foster parent's and relative caregiver's privilege to be provided with a copy of the notification of support upon a child's placement with the foster parent or relative caregiver and at any time thereafter upon request of the foster parent or relative caregiver pursuant to subsection (a) of this section.

(c) Nothing in this section shall be construed as creating or permitting a cause of action for a violation of any provision of this section.

(P.A. 16-11, S. 1.)

Sec. 17a-114g. Annual report re foster care licensing practices. Not later than January 1, 2018, and annually thereafter, the Commissioner of Children and Families shall 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, regarding Department of Children and Families foster care licensing practices. Such report shall include, but need not be limited to, (1) such department's methods of ensuring that it complies with statutory and regulatory foster care licensing requirements; (2) such department's methods of assessing the needs of children and youths in foster care and providing support for foster parents to enable such parents to meet the needs of such children and youths; (3) the safeguards employed by such department when it seeks to license a relative caregiver with a history of child abuse or neglect or psychiatric illness or a criminal record; (4) such department's process for reversing a substantiated finding of child abuse or neglect or a child abuse and neglect registry finding with respect to a prospective relative caregiver; (5) the number of reports of child abuse or neglect made within the previous twelve months regarding children and youths residing in foster homes licensed by such department and the number of such reports that were substantiated; (6) the number of foster home licenses revoked and foster home license applications denied by such department in the previous twelve months; (7) the results of such department's random audits of its licensing practices; and (8) information regarding the number and type of safety concerns identified by such department with respect to licensed foster home placements through such department's assessment of regulatory compliance system and any corresponding corrective actions taken.

(P.A. 17-92, S. 4.)

History: P.A. 17-92 effective July 1, 2017.

Sec. 17a-115. (Formerly Sec. 17-43d). Arrest records. Notwithstanding any provision of the general statutes to the contrary, prior to the issuance of a license or certification to any person for the care or board of a child under the provisions of section 17a-145 or for the care of a child under the provisions of section 17a-114, the commissioner may obtain all arrest records of any such person or persons pertaining to any arrest for a felony against a person, for injury or risk of injury to or impairing the morals of a child, or for possession, use or sale of any controlled substance.

(P.A. 88-332, S. 2, 4; P.A. 96-194, S. 7.)

History: Sec. 17-43d transferred to Sec. 17a-115 in 1991; P.A. 96-194 added reference to certification.

Sec. 17a-115a. Emergency placement of children. Criminal history records checks. (a) For purposes of this section, “emergency placement” means the placement of a child by the Department of Children and Families in the home of a private individual, including a neighbor, friend or relative of a child, as a result of the sudden unavailability of the child's primary caretaker.

(b) When the Department of Children and Families makes an emergency placement, the department may request a criminal justice agency to perform a federal name-based criminal history search of any person residing in the home. The results of such name-based search shall be provided to the department.

(c) No later than five calendar days after the date such name-based search is performed pursuant to subsection (b) of this section, the department shall request the State Police Bureau of Identification to perform a state and national criminal history records check in accordance with section 29-17a of any person residing in the home. Such criminal history records checks shall be deemed as required by this section for purposes of section 29-17a and the department may request that such records checks be performed in accordance with subsection (c) of section 29-17a. The results of such criminal history records checks shall be provided to the department. If any person refuses to provide fingerprints or other positive identifying information for purposes of such checks when requested, the department shall immediately remove the child from the home.

(d) If the department denies emergency placement or removes a child from a home based on the results of a federal name-based criminal history search performed pursuant to subsection (b) of this section, the person whose name-based search was the basis for such denial or removal may contest such denial or removal by requesting that a full criminal history records check be performed in accordance with subsection (c) of this section.

(Sept. Sp. Sess. P.A. 09-5, S. 68; P.A. 13-40, S. 5; 13-80, S. 2.)

History: Sept. Sp. Sess. P.A. 09-5 effective October 5, 2009; P.A. 13-40 amended Subsec. (c) to shorten deadline for department to request criminal history records check from 15 calendar days to 5 calendar days after name-based search, effective May 28, 2013; P.A. 13-80 amended Subsec. (c) to shorten deadline for department to request criminal history records check from 15 calendar days to 5 calendar days after name-based search and make a technical change.

Sec. 17a-116. (Formerly Sec. 17-44a). “Special needs” child defined. For purposes of sections 17a-116 to 17a-119, inclusive, and subsection (b) of section 45a-111, a “special needs” child is a child who is a ward of the Commissioner of Children and Families or is to be placed by a licensed child-placing agency and is difficult to place in adoption because of one or more conditions including, but not limited to, physical or mental disability, serious emotional maladjustment, a recognized high risk of physical or mental disability, age or racial or ethnic factors which present a barrier to adoption or is a member of a sibling group which should be placed together, or because the child has established significant emotional ties with prospective adoptive parents while in their care as a foster child and has been certified as a special needs child by the Commissioner of Children and Families.

(1972, P.A. 86, S. 1; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 65, 111; P.A. 86-330, S. 2, 9; P.A. 93-91, S. 1, 2.)

History: P.A. 75-420 replaced welfare commissioner with social services commissioner; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced commissioner of human resources with commissioner of children and youth services; P.A. 86-330 replaced definition of “hard-to-place” children with expanded definition of “special needs” children, effective April 1, 1987; Sec. 17-44a transferred to Sec. 17a-116 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993.

See Sec. 17a-118 re responsibility of Department of Children and Families for adoption assistance agreement and subsidy payment.

Term “placed” refers to process by which physical custody of a child is transferred to prospective adoptive parents and does not refer to process by which a child is given in adoption by a statutory parent, and children from other jurisdictions do not qualify as special needs children because their “placement” for adoption is not made by a Connecticut-licensed child-placing agency. 248 C. 672.

Sec. 17a-116a. Information handbook re adoption of children with special needs. The Department of Children and Families shall, within available appropriations, prepare an information handbook for any individual interested in adopting a child with special needs. The department and child-placing agencies shall give the handbook to such interested individual no later than the beginning of the home study process. The handbook shall contain information concerning matters relating to adoption and adoption assistance including, but not limited to, nondiscrimination practices set forth in section 45a-726, postplacement and postadoption services, adoption subsidies, deferred subsidy agreements, modification of rates and agreements, health care support, reimbursements, assistance if the family moves out of state and the right to records and information related to the history of the child, including information available under subsection (a) of section 45a-746. The handbook shall be developed and updated by the Commissioner of Children and Families with the advice and assistance of the Connecticut Association of Foster and Adoptive Families and at least two other licensed child-placing agencies in Connecticut designated by the commissioner.

(P.A. 99-252, S. 2; P.A. 00-137, S. 10.)

History: P.A. 00-137 changed time of giving handbook from at the time of home study to no later than the beginning of the home study process, and added provision requiring that handbook contain information concerning nondiscrimination practices set forth in Sec. 45a-726.

See Sec. 17a-118 re responsibility of Department of Children and Families for adoption assistance agreement and subsidy payment.

Sec. 17a-116b. Advisory committee promoting adoption and provision of services to minority and difficult to place children. Members, appointment, duties, reports. Section 17a-116b is repealed, effective July 1, 2009.

(P.A. 99-166, S. 15; P.A. 09-205, S. 12.)

Sec. 17a-116c. Minority recruitment specialist for foster and adoptive families. Duties. Cultural sensitivity training. (a) The Commissioner of Children and Families shall, within available appropriations, require any employee of the Department of Children and Families whose duties concern minority adoption and foster family recruitment to complete cultural sensitivity training.

(b) The commissioner shall designate a minority recruitment specialist for foster and adoptive families within the department as a permanent position. The minority recruitment specialist, in consultation with the Connecticut Association of Foster and Adoptive Parents, Inc., shall, within available appropriations: (1) Compile education or training materials for use by the child-placing agencies in training their staffs; (2) conduct in-service training for employees of the department; (3) provide consultation, technical assistance and other appropriate services to agencies in order to strengthen and improve delivery of services to diverse minority populations; (4) conduct workshops and training programs for foster care and adoption recruiters to enable such recruiters to evaluate the effectiveness of techniques for recruiting minority foster and adoptive families; and (5) perform other duties as may be required by the commissioner to implement the federal Multiethnic Placement Act of 1994, as amended.

(P.A. 99-166, S. 16; P.A. 00-196, S. 45, 66.)

History: P.A. 00-196 made a technical change in Subsec. (b).

See Sec. 17a-118 re responsibility of Department of Children and Families for adoption assistance agreement and subsidy payment.

Sec. 17a-116d. Interstate Compact on Adoption and Medical Assistance. The Interstate Compact on Adoption and Medical Assistance is hereby enacted into law and entered into with all other jurisdictions legally joining therein in a form substantially as follows:

INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE

Article I. Finding.

The states which are parties to this compact find that:

(1) In order to obtain adoptive families for children with special needs, states must assure prospective adoptive parents of substantial assistance, usually on a continuing basis, in meeting the high costs of supporting and providing for the special needs and the services required by such children.

(2) The states have a fundamental interest in promoting adoption for children with special needs because the care, emotional stability, and general support and encouragement required by such children can be best, and often only, obtained in family homes with a normal parent-child relationship.

(3) The states obtain fiscal advantages from providing adoption assistance because the alternative is for the states to bear the higher cost of meeting all the needs of all children while in foster care.

(4) The necessary assurances of adoption assistance for children with special needs, in those instances where children and adoptive parents live in states other than the one undertaking to provide the assistance, include the establishment and maintenance of suitable substantive guarantees and workable procedures for interstate cooperation and payments to assist with the necessary costs of child maintenance, the procurement of services and the provision of medical assistance.

Article II. Purposes.

The purposes of this compact are to:

(1) Strengthen protections for the interests of children with special needs on behalf of whom adoption assistance is committed to be paid, when such children are in or move to states other than the one committed to provide adoption assistance.

(2) Provide substantive assurances and operating procedures which will promote the delivery of medical and other services to children on an interstate basis through programs of adoption assistance established by the laws of the states which are parties to this compact.

Article III. Definitions.

As used in this compact, unless the context clearly requires a different construction:

(1) “Child with special needs” means a minor who has not yet attained the age at which the state normally discontinues children's services, or a child who has not yet reached the age of twenty-one, where the state determines that the child's mental or physical disability warrants the continuation of assistance beyond the age of majority, for whom the state has determined the following:

(A) That the child cannot or should not be returned to the home of his or her parents;

(B) That there exists, with respect to the child, a specific factor or condition, such as his or her ethnic background, age or membership in a minority or sibling group, or the presence of factors such as a medical condition or physical, mental or emotional disability, because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance; and

(C) That, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in their care as a foster child, a reasonable but unsuccessful effort has been made to place the child with appropriate adoptive parents without providing adoption assistance.

(2) “Adoption assistance” means the payment or payments for the maintenance of a child which are made or committed to be made pursuant to the adoption assistance program established by the laws of a party state.

(3) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands or any territory or possession of the United States.

(4) “Adoption assistance state” means the state that is signatory to the adoption assistance agreement in a particular case.

(5) “Residence state” means the state in which the child is a resident by virtue of the residence of the adoptive parents.

(6) “Parents” means either the singular or plural of the word “parent”.

Article IV. Adoption Assistance.

(a) Each state shall determine the amount of adoption assistance and other aid which it will give to children with special needs and their adoptive parents in accordance with its own laws and programs. The adoption assistance and other aid may be made subject to periodic reevaluation of eligibility by the adoption assistance state in accordance with its laws.

(b) The adoption assistance, medical assistance and other services and benefits to which this compact applies are those provided to children with special needs and their adoptive parents from the effective date of the adoption assistance agreement.

(c) Every case of adoption assistance shall include a written adoption assistance agreement between the adoptive parents and the appropriate agency of the state undertaking to provide the adoption assistance. Every such agreement shall contain provisions for the fixing of actual or potential interstate aspects of the assistance so provided as follows:

(1) An express commitment that the assistance so provided shall be payable without regard for the state of residence of the adoptive parents, both at the outset of the agreement period and at all times during its continuance;

(2) A provision setting forth with particularity the types of care and services toward which the adoption assistance state will make payments;

(3) A commitment to make medical assistance available to the child in accordance with Article V of this compact;

(4) An express declaration that the agreement is for the benefit of the child, the adoptive parents and the state and that it is enforceable by any or all of them; and

(5) The date or dates upon which each payment or other benefit provided thereunder is to commence, but in no event prior to the effective date of the adoption assistance agreement.

(d) Any services or benefits provided for a child by the residence state and the adoption assistance state may be facilitated by the party states on each other's behalf. To this end, the personnel of the child welfare agencies of the party states shall assist each other, as well as the beneficiaries of adoption assistance agreements, in assuring prompt and full access to all benefits expressly included in such agreements. It is further recognized and agreed that, in general, all children to whom adoption assistance agreements apply shall be eligible for benefits under the child welfare, education, rehabilitation, mental health and other programs of their state of residence on the same basis as other resident children.

(e) Adoption assistance payments on behalf of a child in another state shall be made on the same basis and in the same amounts as they would be made if the child was living in the state making the payments.

Article V. Medical Assistance.

(a) Children for whom a party state is committed, in accordance with the terms of an adoption assistance agreement to provide federally aided medical assistance under Title XIX of the Social Security Act, 42 USC Section 1396 et seq., are eligible for such medical assistance during the entire period for which the agreement is in effect. Upon application therefore, the adoptive parents of a child who is the subject of such an adoption assistance agreement shall receive a medical assistance identification document made out in the child's name. The identification shall be issued by the medical assistance program of the residence state and shall entitle the child to the same benefits pursuant to the same procedures, as any other child who is covered by the medical assistance program in the state, whether or not the adoptive parents are themselves eligible for medical assistance.

(b) The identification document shall bear no indication that an adoption assistance agreement with another state is the basis for its issuance. However, if the identification is issued pursuant to such an adoption assistance agreement, the records of the issuing state and the adoption assistance state shall show the fact, and shall contain a copy of the adoption assistance agreement and any amendment or replacement thereof, as well as all other pertinent information. The adoption assistance and medical assistance programs of the adoption assistance state shall be notified of the issuance of such identification.

(c) A state which has issued a medical assistance identification document pursuant to this compact, which identification is valid and currently in force, shall accept, process and pay medical assistance claims thereon as it would with any other medical assistance claims by eligible residents.

(d) The federally-aided medical assistance provided by a party state pursuant to this compact shall be in accordance with subsections (a) to (c), inclusive, of this article. In addition, when a child who is covered by an adoption assistance agreement is living in another party state, payment or reimbursement for any medical services and benefits specified under the terms of the adoption assistance agreement, which are not available to the child under Title XIX medical assistance program of the residence state, shall be made by the adoption assistance state as required by its law. Any payments so provided shall be of the same kind and at the same rates as provided for children who are living in the adoption assistance state. However, where the payment rate authorized for a covered service under the medical assistance program of the adoption assistance state exceeds the rate authorized by the residence state for that service, the adoption assistance state shall not be required to pay the additional amounts for the services or benefits covered by the residence state.

(e) A child referred to in subsection (a) of this article, whose residence is changed from one party state to another party state, shall be eligible for federally-aided medical assistance under the medical assistance program of the new state of residence.

Article VI. Compact Administration.

(a) In accordance with its own laws and procedures, each state which is a party to this compact shall designate a compact administrator and such deputy compact administrators as it deems necessary. The compact administrator shall coordinate all activities under this compact within his or her state. The compact administrator shall also be the principal contact for officials and agencies within and without the state for the facilitation of interstate relations involving this compact and the protection of benefits and services provided pursuant thereto. In this capacity, the compact administrator shall be responsible for assisting child welfare agency personnel from other party states and adoptive families receiving adoption and medical assistance on an interstate basis.

(b) Acting jointly, the compact administrators shall develop uniform forms and administrative procedures for the interstate monitoring and delivery of adoption and medical assistance benefits and services pursuant to this compact. The forms and procedures so developed may deal with such matters as:

(1) Documentation of continuing adoption assistance eligibility;

(2) Interstate payments and reimbursements; and

(3) Any and all other matters arising pursuant to this compact.

(c) (1) Some or all of the parties to this compact may enter into supplementary agreements for the provision of or payment for additional medical benefits and services, as provided in subsection (d) of Article V of this compact; for interstate service delivery, pursuant to subsection (d) of Article IV of this compact, or for matters related thereto. Such agreements shall not be inconsistent with this compact, nor shall they relieve the party states of any obligation to provide adoption and medical assistance in accordance with applicable state and federal law and the terms of this compact.

(2) Administrative procedures or forms implementing the supplementary agreements referred to in subdivision (1) of this subsection may be developed by joint action of the compact administrators of those states which are party to such supplementary agreements.

(d) It shall be the responsibility of the compact administrator to ascertain whether and to what extent additional legislation may be necessary in his or her own state to carry out the provisions of this article or Article IV of this compact or any supplementary agreements pursuant to this compact.

Article VII. Joinder and Withdrawal.

(a) This compact shall be open to joinder by any state. It shall enter into force as to a state when its duly constituted and empowered authority has executed it.

(b) In order that the provisions of this compact may be accessible to and known by the general public, and so that they may be implemented as law in each of the party states, the authority which has executed this compact in each party state shall cause the full text of the compact and notice of its execution to be published in his or her state. The executing authority in any party state shall also provide copies of this compact upon request.

(c) Withdrawal from this compact shall be by written notice, sent by the authority which executed it, to the appropriate officials of all other party states, but no such notice shall take effect until one year after it is given, in accordance with the requirements of this subsection.

(d) All adoption assistance agreements outstanding and to which a party state is a signatory at the time when its withdrawal from this compact takes effect shall continue to have the effects given to them pursuant to this compact until they expire or are terminated in accordance with their provisions. Until such expiration or termination, all beneficiaries of the agreements involved shall continue to have all the rights and obligations conferred or imposed by this compact, and the withdrawing state shall continue to administer this compact to the extent necessary to accord and implement fully the rights and protections preserved hereby.

Article VIII. Construction and Severability.

The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of the United States or of any party state, or where the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, this compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

(P.A. 99-252, S. 3.)

See Sec. 17a-118 re responsibility of Department of Children and Families for adoption assistance agreement and subsidy payment.

Sec. 17a-116e. Compact administrator. (a) The Commissioner of Children and Families may designate an officer who shall be the compact administrator and who shall be authorized to carry out all of the powers and duties set forth in the Interstate Compact on Adoption and Medical Assistance.

(b) The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to the Interstate Compact on Adoption and Medical Assistance. In the event that the supplementary agreement shall require or contemplate the provision of any service by this state, the supplementary agreement shall have no force or effect until approved by the head of the department or agency which shall be charged with the rendering of the service.

(c) The compact administrator, subject to the approval of the Secretary of the Office of Policy and Management, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the Interstate Compact on Adoption and Medical Assistance or by any supplementary agreement entered into under said compact.

(P.A. 99-252, S. 4.)

See Sec. 17a-118 re responsibility of Department of Children and Families for adoption assistance agreement and subsidy payment.

Sec. 17a-117. (Formerly Sec. 17-44b). Subsidies for adopting parents. (a) The Department of Children and Families may, and is encouraged to, contract with child-placing agencies to arrange for the adoption of children who are free for adoption. If (1) a child for whom adoption is indicated, cannot, after all reasonable efforts consistent with the best interests of the child, be placed in adoption through existing sources because the child is a special needs child, and (2) the adopting family meets the standards for adoption which any other adopting family meets, the Commissioner of Children and Families shall, before adoption of such child by such family, certify such child as a special needs child and, after adoption, provide one or more of the following subsidies for the adopting parents: (A) A special-need subsidy, which is a lump sum payment paid directly to the person providing the required service, to pay for an anticipated expense resulting from the adoption when no other resource is available for such payment; or (B) a periodic subsidy which is a payment to the adopting family; and (C) in addition to the subsidies granted under this subsection, any medical benefits which are being provided prior to final approval of the adoption by the superior court for juvenile matters or the Probate Court in accordance with the fee schedule and payment procedures under the state Medicaid program administered by the Department of Social Services shall continue as long as the child qualifies as a dependent of the adoptive parent under the provisions of the Internal Revenue Code. The amount of a periodic subsidy shall not exceed the current costs of foster maintenance care.

(b) A medical subsidy may continue until the child reaches twenty-one years of age. A periodic subsidy may continue until the child reaches age eighteen, except such periodic subsidy may continue for a child who is at least eighteen years of age but less than twenty-one years of age, provided: (1) The adoption was finalized on or after October 1, 2013, (2) the child was sixteen years of age or older at the time the adoption was finalized, and (3) the child is (A) enrolled in a full-time approved secondary education program or an approved program leading to an equivalent credential; (B) enrolled full time in an institution that provides postsecondary or vocational education; or (C) participating full time in a program or activity approved by the commissioner that is designed to promote or remove barriers to employment. The commissioner, in his or her discretion, may waive the provision of full-time enrollment or participation based on compelling circumstances.

(d) Requests for subsidies after a final approval of the adoption by the superior court for juvenile matters or the Probate Court may be considered at the discretion of the commissioner for conditions resulting from or directly related to the totality of circumstances surrounding the child prior to placement in adoption. A written certification of the need for a subsidy shall be made by the commissioner in each case and the type, amount and duration of the subsidy shall be mutually agreed to by the commissioner and the adopting parents prior to the entry of such decree. Any subsidy decision by the commissioner may be appealed by a licensed child-placing agency or the adopting parent or parents to the department at a hearing conducted in accordance with the provisions of chapter 54. The commissioner shall adopt regulations establishing the procedures for determining the amount and the need for a subsidy.

(1972, P.A. 86, S. 2; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 66, 111; P.A. 86-330, S. 3, 9; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87; P.A. 94-46; 94-118, S. 1; P.A. 99-166, S. 6; P.A. 00-4, S. 1; P.A. 14-217, S. 235; P.A. 15-199, S. 7; P.A. 16-28, S. 10; P.A. 17-81, S. 2.)

History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced commissioner of human resources with commissioner of children and youth services; P.A. 86-330 changed “hard to place” to “special needs” children, required certification of child as a special needs child in order for adopting family to receive subsidies, provided for medical benefits to be paid to a dependent child, up to age 21 and deleted 75% current cost of foster maintenance care limit in Subsec. (a), allowed commissioner to consider requests for subsidies after adoption, required certificate of need for subsidy, allowed commissioner's decision to be appealed to the adoption subsidy review board in Subsec. (b) and established the adoption subsidy review board in a new Subsec. (c), effective April 1, 1987; Sec. 17-44b transferred to Sec. 17a-117 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; P.A. 94-46 added provisions concerning the appointment of a licensed alternate representative of a child-placing agency and an alternate adoptive parent; P.A. 94-118 added a provision in Subsec. (a) stating that a special-need subsidy may only be granted until the child reaches age 18; P.A. 99-166 amended Subsec. (a) by encouraging department to contract with child-placing agencies to arrange for adoption of children free for adoption; P.A. 00-4 amended Subsec. (a) to provide that periodic subsidy be subject to biennial rather than annual review; P.A. 14-217 amended Subsec. (a) to delete provisions re medical and periodic subsidy age limits and review and to change “Court of Probate” to “superior court for juvenile matters”, added new Subsecs. (b) and (c) re medical and periodic subsidy age limits and review, redesignated existing Subsecs. (b) and (c) as Subsecs. (d) and (e) and amended redesignated Subsec. (d) to change “Court of Probate” to “superior court for juvenile matters” and make technical changes, effective June 13, 2014; P.A. 15-199 amended Subsecs. (a)(2)(C) and (d) by adding “or the Probate Court” in provisions re approval of adoption, amended Subsecs. (d) and (e) by replacing “Adoption Subsidy Review Board” with “Subsidy Review Board”, amended Subsec. (e) by deleting “licensed” re representative of a child-placing agency and adding reference to Sec. 17a-126, and made technical changes, effective July 1, 2015; P.A. 16-28 amended Subsec. (a) by making a technical change, effective May 17, 2016; P.A. 17-81 amended Subsec. (d) by replacing provision re Subsidy Review Board with provision re department at hearing, and deleted former Subsec. (e) re Subsidy Review Board established, effective July 1, 2017.

See Sec. 17a-118 re responsibility of Department of Children and Families for adoption assistance agreement and subsidy payment.

Adoption subsidy not available with respect to children from other jurisdictions who have been placed by an out-of-state child-placing agency. 248 C. 672.

Sec. 17a-118. (Formerly Sec. 17-44c). Review and change in subsidy. Adoption assistance agreement and subsidy payment. (a) There shall be a biennial review of the subsidy for a child under eighteen years of age and an annual review for a child who is at least eighteen years of age but less than twenty-one years of age. Such reviews shall be conducted by the Commissioner of Children and Families. The adoptive parents shall, at the time of such review, submit a sworn statement that the condition which caused the child to be certified as a special needs child or a related condition continues to exist or has reoccurred and that the adoptive parent or parents are still legally responsible for the support of the child and that the child is receiving support from the adoptive family. A child who is at least eighteen years of age but less than twenty-one years of age shall continue to receive an adoption subsidy, pursuant to section 17a-117, provided his or her adoptive parent submits, at the time of the review, a sworn statement that the child is (1) enrolled in a full-time approved secondary education program or an approved program leading to an equivalent credential; (2) enrolled full time in an institution that provides postsecondary or vocational education; or (3) participating full time in a program or activity approved by the commissioner that is designed to promote or remove barriers to employment. The commissioner, in his or her discretion, may waive the provision of full-time enrollment or participation based on compelling circumstances. The commissioner, or the commissioner's designee, may require that the adoptive parent or parents submit any additional documentation that the commissioner or designee deems necessary to complete such review. If the subsidy is to be terminated or reduced by the commissioner, notice of such proposed reduction or termination shall be given, in writing, to the adoptive parents and such adoptive parents shall, at least thirty days prior to the imposition of said reduction or termination, be provided a hearing by the department in accordance with the provisions of chapter 54. If such an appeal is taken, the subsidy shall continue without modification until the final decision of the department.

(b) A child who is a resident of the state of Connecticut when eligibility for subsidy is certified, shall remain eligible and continue to receive the subsidy regardless of the domicile or residence of the adoptive parents at the time of application for adoption, placement, legal decree of adoption or thereafter. If the Department of Children and Families is responsible for such child's placement and care, the department shall be responsible for entering into an adoption assistance agreement and paying any subsidy granted under the provisions of sections 17a-116 to 17a-120, inclusive. If a licensed child placing agency, other than the Department of Children and Families, or any public agency in another state is responsible for such child's placement and care, the adoption assistance application shall be made in the adoptive parents' state of residence and such state shall be responsible for determining that such child meets Title IV-E adoption assistance criteria and for providing adoption assistance permitted under federal law.

(1972, P.A. 86, S. 3; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 67, 111; P.A. 80-483, S. 72, 186; P.A. 86-330, S. 4, 9; P.A. 88-94, S. 2, 3; P.A. 93-91, S. 1, 2; P.A. 00-4, S. 2; P.A. 03-243, S. 3; P.A. 14-217, S. 236; P.A. 15-199, S. 8; P.A. 17-81, S. 3.)

History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 and 80-483 replaced human resources commissioner with commissioner of children and youth services; P.A. 86-330 amended Subsec. (a) to require the adoptive parents to submit an annual sworn statement that the child continues to be a dependent and a special needs child, to change, from 10 to 30, the number of days in which the adoptive parents are to be given a hearing, to require that the hearing be before the adoption subsidy review board and to require that the subsidy be continued until the final determination of the board, and added a Subsec. (b) which permits a child who is a resident of this state, when eligibility for the subsidy is certified to remain eligible and continue to receive it regardless of the domicile or residence of the adoptive parents, effective April 1, 1987; P.A. 88-94 deleted criteria relating to Internal Revenue Code and replaced it with whether the adoptive parent or parents are still legally responsible for the support of the child and the child is receiving support from the adoptive family; Sec. 17-44c transferred to Sec. 17a-118 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 00-4 amended Subsec. (a) to require a biennial rather than annual review of the subsidy by the commissioner in accordance with a schedule established by the commissioner or the commissioner's designee and to require adoptive parents to submit a sworn statement at the time of such review rather than annually; P.A. 03-243 amended Subsec. (b) to make Department of Children and Families responsible for adoption assistance agreement and payment of subsidy granted under Secs. 17a-116 to 17a-120, inclusive, specify that adoption assistance application be made in adoptive parents' state of residence, and make such state responsible for Title IV-E adoption assistance criteria and for provision of federally permitted adoption assistance; P.A. 14-217 amended Subsec. (a) by establishing annual subsidy review for children between 18 and 21 years of age, deleting provision re conducting reviews in accordance with schedule established by commissioner or commissioner's designee, adding provisions re conditions for continuation of adoption subsidy at time of review, and making a technical change, effective June 13, 2014; P.A. 15-199 amended Subsec. (a) by replacing “Adoption Subsidy Review Board” with “Subsidy Review Board”, effective July 1, 2015; P.A. 17-81 amended Subsec. (a) by adding provision re commissioner may require additional documentation to complete review, replacing “given” with “provided” re hearing, replacing references to Subsidy Review Board with references to department, and adding reference to provisions of Ch. 54, effective July 1, 2017.

Sec. 17a-119. (Formerly Sec. 17-44d). Moneys for subsidies. Regulations. The Department of Children and Families shall establish and maintain an ongoing program of subsidized adoption and shall encourage the use of the program and assist in finding families for children. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to administer the program by December 31, 1987. Payment of subsidies under sections 17a-116 to 17a-119, inclusive, and subsection (b) of section 45a-111, shall be made from moneys available from any source to the Department of Children and Families for child welfare purposes.

(1972, P.A. 86, S. 5; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 68, 111; P.A. 86-330, S. 5, 9; P.A. 93-91, S. 1, 2.)

History: P.A. 75-420 replaced welfare department with department of social services; P.A. 77-614 replaced social services department with department of human resources; P.A. 79-631 replaced human resources department with department of children and families; P.A. 86-330 required the department of children and families to establish and maintain an ongoing program of subsidized adoption and required the commissioner to adopt regulations to administer the program, effective April 1, 1987; Sec. 17-44d transferred to Sec. 17a-119 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993.

See Sec. 17a-118 re responsibility of Department of Children and Families for adoption assistance agreement and subsidy payment.

Sec. 17a-120. (Formerly Sec. 17-44e). Medical expense subsidy for blind, physically or mentally disabled, emotionally maladjusted or high risk children. (a) Any child who is blind or physically disabled as defined by section 1-1f, mentally disabled, seriously emotionally maladjusted or has a recognized high risk of physical or mental disability as defined in the regulations adopted by the Commissioner of Children and Families pursuant to section 17a-118, who is to be given or has been given in adoption by a statutory parent, as defined in section 45a-707, shall be eligible for a one hundred per cent medical expense subsidy in accordance with the fee schedule and payment procedures under the state Medicaid program administered by the Department of Social Services where such condition existed prior to such adoption, provided such expenses are not reimbursed by health insurance, or federal or state payments for health care. Application for such subsidy shall be made to the Commissioner of Children and Families by such child's adopting or adoptive parent or parents. Said commissioner shall adopt regulations governing the procedures for application and criteria for determination of the existence of such condition. A written determination of eligibility shall be made by said commissioner and may be made prior to or after identification of the adopting parent or parents. Upon a finding of eligibility, an application for such medical expense subsidy by the adopting or adoptive parent or parents on behalf of the child shall be granted, and such adopting or adoptive parent or parents shall be issued a medical identification card for such child by the Department of Children and Families for the purpose of providing for payment for the medical expense subsidy. The subsidy set forth in this section shall not preclude the granting of either subsidy set forth in section 17a-117 except, if the child is eligible for subsidy under this section, the child's adopting parent or parents shall not be granted a subsidy or subsidies set forth in section 17a-117 that would be granted for the same purposes as the child's subsidy.

(b) There shall be an annual review of the medical expense subsidy set forth in subsection (a) of this section by the Commissioner of Children and Families. If, upon such annual review, the commissioner determines that the child continues to have a condition for which the subsidy was granted or has medical conditions related to such condition, and that the adoptive parent or parents are still legally responsible for the support of the child and that the child is receiving support from the adoptive family, the commissioner shall not terminate or reduce such subsidy. If the condition is corrected and conditions related to it no longer exist, or if the adoptive parent or parents are no longer legally responsible for the support of the child or if the child is no longer receiving any support from the adoptive family, the commissioner may reduce or terminate eligibility for such subsidy. If, following such reduction or termination, such condition or related conditions reoccur, the adopting or adoptive parent or parents may reapply for such subsidy. Upon receipt of such application and determination that such condition or related conditions have reoccurred, the commissioner shall grant such subsidy provided the adoptive parent or parents are still legally responsible for the support of the child or the child is receiving support from the adoptive family. If the subsidy is to be reduced or terminated by said commissioner, notice of such proposed reduction or termination shall be given, in writing, to the adoptive parent or parents and such adoptive parent or parents shall, at least thirty days prior to the imposition of said reduction or termination, be provided a hearing by the department in accordance with the provisions of chapter 54. If such an appeal is taken, the subsidy shall continue without modification or termination until the final decision of the department. Eligibility for such subsidy may continue until the child's twenty-first birthday if the condition that caused the child to be certified as a special needs child or related conditions continue to exist or have reoccurred and the child continues to qualify as a dependent of the legal adoptive parent under the Internal Revenue Code. In no case shall the eligibility for such subsidy continue beyond the child's twenty-first birthday.

(P.A. 78-266; P.A. 81-403, S. 1; P.A. 86-330, S. 6, 9; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87; P.A. 15-199, S. 9; P.A. 16-28, S. 33; P.A. 17-81, S. 4.)

History: P.A. 81-403 amended Subsec. (a) to allow determination of the child's eligibility before identification of the adopting parents and to specify that the medical expenses subsidy does not preclude either subsidy under Sec. 17-44b unless the subsidies would be granted for the same purposes as the medical expense subsidy, specified in Subsec. (b) that the commissioner make adjustments in the subsidy based on whether the child continues to have a handicap or medical conditions related to a handicap and whether the adoptive parents are still legally responsible for the child and are supporting the child and allowed the commissioner to continue the subsidy until the child's twenty-first birthday under certain circumstances; P.A. 86-330 applied provisions to mentally disabled, emotionally maladjusted and high risk children, added a reference to provisions of Sec. 17-44c, replaced term “handicap” with “condition”, required in Subsec. (b) a hearing before the adoption subsidy review board 30, rather than 10, days prior to the reduction or termination of the subsidy and required the subsidy to continue until the final decision of the board and permitted eligibility for the subsidy to continue until child's twenty-first, rather than eighteenth, birthday if child is still a special needs child and qualifies as a dependent, effective April 1, 1987; Sec. 17-44e transferred to Sec. 17a-120 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; P.A. 15-199 amended Subsec. (b) by replacing “Adoption Subsidy Review Board” with “Subsidy Review Board”, effective July 1, 2015; P.A. 16-28 amended Subsec. (a) by making a technical change; P.A. 17-81 amended Subsec. (b) by replacing “given a hearing before the Subsidy Review Board” with “provided a hearing by the department in accordance with the provisions of chapter 54”, and making a conforming change, effective July 1, 2017.

See Sec. 17a-118 re responsibility of Department of Children and Families for adoption assistance agreement and subsidy payment.

Sec. 17a-121. (Formerly Sec. 17-44f). Prior subsidies not affected. Increases. Nothing in sections 17a-116 to 17a-120, inclusive, as amended by public act 86-330, shall affect any subsidy granted under the provisions of sections 17a-116, 17a-117, 17a-118, 17a-119 and 17a-120 prior to April 1, 1987, except that any adopting parent may apply for an increase in such subsidy in accordance with the provisions of this section. All subsidies granted on and after April 1, 1987, under said sections, shall be subject to the review provisions of sections 17a-118 and 17a-120. Any adopting parent who received a subsidy under said sections, prior to April 1, 1987, may apply to have said subsidy increased or modified in accordance with the provisions of said sections as amended by public act 86-330. The Commissioner of Children and Families shall notify such adopting parent of the provisions of sections 17a-116 to 17a-120, inclusive, as amended by said public act and of his or her right to seek an increase in such subsidy in accordance with said sections.

(P.A. 86-330, S. 7, 9; P.A. 93-91, S. 1, 2; P.A. 16-28, S. 34.)

History: P.A. 86-330, S. 7 effective April 1, 1987; Sec. 17-44f transferred to Sec. 17a-121 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 16-28 made a technical change.

Sec. 17a-121a. Counseling and referral services after adoption to certain adoptees and adoptive families. Postadoption services. The Department of Children and Families may provide counseling and referral services after adoption to adoptees and adoptive families for whom the department provided such services before the adoption. Postadoption services include assigning a mentor to a family, training after licensing, support groups, behavioral management counseling, therapeutic respite care, referrals to community providers, a telephone help line and training of public and private mental health professionals in postadoption issues.

(P.A. 99-166, S. 12; P.A. 01-159, S. 5.)

History: P.A. 01-159 added provision re specific postadoption services.

Secs. 17a-122 to 17a-124. (Formerly Secs. 17-45, 17-46 and 17-47a). Military records of parents of state wards. Detention homes. Records confidential. Sections 17a-122 to 17a-124, inclusive, are repealed.

(1949 Rev., S. 2845, 2855; 1955, S. 1477d; February, 1965, P.A. 488, S. 3; P.A. 74-251, S. 9; P.A. 75-420, S. 4, 6; P.A. 77-246, S. 10; 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-631, S. 69, 70, 111; P.A. 91-299, S. 2; P.A. 93-216, S. 8.)

Sec. 17a-125. Out-of-Home Placements Advisory Council. Section 17a-125 is repealed, effective October 1, 2005.

(P.A. 97-237, S. 2, 3; P.A. 03-278, S. 57, 121; P.A. 05-246, S. 18.)

Sec. 17a-126. Subsidized guardianship program. (a) As used in this section, (1) “caregiver” means (A) a fictive kin caregiver, as defined in section 17a-114, who is licensed or approved to provide foster care, and who is caring for a child, (B) a relative caregiver, which means a person who is twenty-one years of age or older, related to a child by birth, adoption or marriage and is licensed or approved to provide foster care, or (C) a person who is a licensed or approved foster care provider pursuant to section 17a-114 and is caring for a child because the parent of the child has died or become otherwise unable to care for the child for reasons that make reunification with the parent and adoption not viable options within the foreseeable future, and (2) “commissioner” means the Commissioner of Children and Families.

(b) The commissioner shall establish a program of subsidized guardianship for the benefit of children who have been in foster care for not less than six consecutive months, for whom neither reunification with a parent nor adoption is an appropriate permanency option, and who have been living with a caregiver. A caregiver may request a guardianship subsidy from the commissioner.

(c) If a caregiver who is receiving a guardianship subsidy for a child is also caring for the child's sibling, the commissioner shall provide a guardianship subsidy to such caregiver in accordance with regulations adopted by the commissioner pursuant to subsection (e) of this section. For purposes of this subsection, “child's sibling” includes a stepbrother, stepsister, a half-brother or a half-sister.

(d) The commissioner shall provide the following subsidies under the subsidized guardianship program in accordance with this section and the regulations adopted pursuant to subsection (e) of this section: (1) A special-need subsidy, which shall be a lump sum payment for one-time expenses resulting from the assumption of care of the child and shall not exceed two thousand dollars; and (2) a medical subsidy comparable to the medical subsidy to children in the subsidized adoption program. The subsidized guardianship program shall also provide a monthly subsidy on behalf of the child payable to the caregiver that is based on the circumstances of the caregiver and the needs of the child and shall not exceed the foster care maintenance payment that would have been paid on behalf of the child if the child had remained in licensed foster care.

(e) The commissioner shall adopt regulations, in accordance with chapter 54, implementing the subsidized guardianship program established under this section. Such regulations shall include all federal requirements necessary to maximize federal reimbursement available to the state, including, but not limited to, (1) eligibility for the program, (2) the maximum age at which a child is no longer eligible for a guardianship subsidy, including the maximum age, for purposes of claiming federal reimbursement under Title IV-E of the Social Security Act, at which a child is no longer eligible for a guardianship subsidy, and (3) a procedure for determining the types and amounts of the subsidies.

(f) (1) A guardianship subsidy provided pursuant to this section shall continue, subject to the commissioner's annual review, until the child reaches the age of eighteen. A guardianship subsidy provided pursuant to this section may continue, subject to the commissioner's annual review, through the child's twenty-first birthday, provided the child is (A) enrolled in a full-time approved secondary education program or an approved program leading to an equivalent credential, (B) enrolled full time in an institution that provides postsecondary or vocational education, or (C) participating full time in a program or activity approved by the commissioner that is designed to promote or remove barriers to employment. The commissioner, in his or her discretion, may waive the provision of full-time enrollment or participation based on compelling circumstances. To receive a guardianship subsidy pursuant to this subsection, the guardian shall, at the time of the annual review, submit to the commissioner a sworn statement that the child is still meeting the requirements of subparagraphs (A) to (C), inclusive, of this subdivision, provided the commissioner, in his or her discretion, may waive such requirements based on compelling circumstances.

(2) Annually, the subsidized guardian shall submit to the commissioner a sworn statement that the child is still living with and receiving support from the guardian. The commissioner, or the commissioner's designee, may require that the subsidized guardian submit any additional documentation that the commissioner or designee deems necessary for the purpose of determining whether such child is still living with and receiving support from the subsidized guardian. The parent of any child receiving assistance through the subsidized guardianship program shall remain liable for the support of the child as required by the general statutes.

(g) A guardianship subsidy shall not be included in the calculation of household income in determining eligibility for benefits of the caregiver of the subsidized child or other persons living within the household of the caregiver.

(h) Payments for guardianship subsidies shall be made from moneys available from any source to the commissioner for child welfare purposes. The commissioner shall develop and implement a plan that: (1) Maximizes use of the subsidized guardianship program to decrease the number of children in the legal custody of the commissioner and to reduce the number of children who would otherwise be placed into nonrelative foster care when there is a caregiver willing to provide care; (2) maximizes federal reimbursement for the costs of the subsidized guardianship program, provided whatever federal maximization method is employed shall not result in the caregiver of a child being subject to work requirements as a condition of receipt of benefits for the child or the benefits restricted in time or scope other than as specified in subsection (c) of this section; and (3) ensures necessary transfers of funds between agencies and interagency coordination in program implementation. The commissioner shall seek all federal waivers and reimbursement as are necessary and appropriate to implement this plan.

(i) In the case of the death, severe disability or serious illness of a caregiver who is receiving a guardianship subsidy, the commissioner may transfer the guardianship subsidy to a successor guardian who meets the department's foster care safety requirements and who is appointed as legal guardian by a court of competent jurisdiction. For purposes of maximizing federal reimbursement for the costs of the subsidized guardianship program, the commissioner shall request that the caregiver identify such successor guardian in the subsidy agreement and any addendum thereto.

(j) Nothing in this section shall prohibit the commissioner from continuing to pay guardianship subsidies to those relative caregivers who entered into written subsidy agreements with the Department of Children and Families prior to October 5, 2009.

(k) Not less than thirty days prior to the termination or reduction of a guardianship subsidy, the commissioner shall (1) provide written notice of such reduction or termination to the caregiver receiving such subsidy, and (2) provide such caregiver with a hearing before the department in accordance with the provisions of chapter 54. If such an appeal is taken, the subsidy shall continue without modification until the final decision of the department.

(P.A. 97-272, S. 7, 9; June Sp. Sess. P.A. 98-1, S. 90, 121; P.A. 99-251, S. 1, 2; P.A. 05-254, S. 1; P.A. 07-174, S. 1; June Sp. Sess. P.A. 07-5, S. 38; P.A. 09-185, S. 7; Sept. Sp. Sess. P.A. 09-5, S. 69; P.A. 10-26, S. 8; P.A. 11-105, S. 3; P.A. 15-199, S. 10; P.A. 16-28, S. 11; 16-124, S. 2; P.A. 17-81, S. 5.)

History: P.A. 97-272, S. 7 effective July 1, 1997 (Revisor's note: In Subsec. (e) the nonexistent word “chid” was replaced editorially by the Revisors with “child” to correct a typographical error); June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (a), effective June 24, 1998; P.A. 99-251 amended Subsec. (b) by making children living with relatives who have been in foster or certified relative care for less than 18 months eligible for a subsidy and amended Subsec. (d) by deleting an obsolete reference to the date by which regulations have to be adopted, effective July 1, 1999; P.A. 05-254 lowered threshold from not less than twelve to not less than 6 months for children living with relative caregivers and who have been in foster care or certified relative care in Subsec. (b); P.A. 07-174 amended Subsec. (b) by making subsidized guardianship program mandatory rather than permissive for children who have been in foster care or certified relative care for not less than six but not more than eighteen months, added new Subsec. (c) making siblings of children living with relative caregivers eligible for subsidy, redesignated existing Subsecs. (c) to (g) as Subsecs. (d) to (h), substituted “commissioner” for “subsidized guardianship program” and replaced “for the benefit of any child in the care of a relative caregiver who has been appointed the guardian or coguardian of the child by any court of competent jurisdiction” with “under the subsidized guardianship program in accordance with this section and the regulations adopted pursuant to subsection (e) of this section” in Subsec. (d), and substituted “not later than fifteen days after the date of the request” for “within fifteen days of the request” in Subsec. (e); June Sp. Sess. P.A. 07-5 made technical changes in Subsec. (e); P.A. 09-185 added Subsec. (i) re transfer of guardianship subsidy to new relative caregiver, effective July 1, 2009; Sept. Sp. Sess. P.A. 09-5 amended Subsec. (a) by adding reference to adoption in definition of relative caregiver, amended Subsec. (b) by replacing care and custody of commissioner with foster care, inserting reference to licensing under Sec. 17a-114, replacing 18 months with 6 consecutive months and deleting provisions re establishment of subsidized guardianship program and counseling of caregivers, amended Subsec. (c) by replacing provision re commissioner to provide relative caregiver caring for a child and the child's sibling with guardianship subsidy if the sibling is in foster care between 6 and 18 months with provision re guardianship subsidy being given in accordance with regulations, amended Subsec. (d) by deleting provision re special-need subsidy given when no other resource is available, adding provision re subsidy not to exceed $2000, replacing provision requiring commissioner to establish asset test for eligibility with provision re monthly subsidy based on circumstances and needs of child and not in excess of foster care maintenance payment, amended Subsec. (e) by replacing former regulation requirements with requirements to maximize federal reimbursement, amended Subsec. (f) by specifying that guardianship subsidy is the minimum required, amended Subsec. (h)(1) by inserting reference to nonrelative foster care, amended Subsec. (h)(3) by adding requirement that commissioner seek all necessary and appropriate reimbursement, added Subsec. (i) re transfer of guardianship subsidy to new relative caregiver, added Subsec. (j) re honoring terms of existing subsidy agreements, and made conforming and technical changes, effective October 5, 2009 (Revisor's note: In Subsec. (c), the Subdiv. (2) designator was deleted editorially by the Revisors to conform with the deletion of the Subdiv. (1) designator by Sept. Sp. Sess. P.A. 09-5); P.A. 10-26 made technical changes in Subsecs. (b) and (d), effective May 10, 2010; P.A. 11-105 amended Subsec. (b) by deleting “or certified relative care”, amended Subsec. (c) by deleting provision requiring sibling to be in foster care for not less than 18 months, amended Subsec. (d)(2) by deleting requirement that child lack private health insurance and amended Subsec. (f) by adding provision allowing subsidy to continue if criteria set forth in federal law is met, effective July 1, 2011; P.A. 15-199 amended Subsec. (a) by replacing “relative caregiver” with “caregiver” and defining term in Subdiv. (1), amended Subsec. (b) by applying provisions to children in foster care not less than 6 consecutive months and replacing reference to licensed foster care providers with reference to approved foster care providers in Subdiv. (2), amended Subsec. (f) by designating existing provisions re continuing guardianship subsidy as Subdiv. (1), adding Subdiv. (2) re conditions under which guardianship subsidy provided to child and designating existing provisions re submission of sworn statement as Subdiv. (3), amended Subsec. (i) by adding provision re transfer of subsidy to successor guardian identified in subsidy agreement, added Subsec. (k) re termination or reduction of subsidy, and made technical and conforming changes, effective July 1, 2015; P.A. 16-28 amended Subsec. (a) by making a technical change, effective May 17, 2016; P.A. 16-124 amended Subsec. (a)(1) by redefining “caregiver”, amended Subsec. (b) by replacing provision re children for whom program of subsidized guardianship is to benefit with provision re same and amended Subsec. (i) by deleting provision re successor guardian identified in subsidy agreement and adding provision re maximizing federal reimbursement for costs of program; P.A. 17-81 amended Subsec. (f) by redesignating Subdivs. (1) and (2) re guardianship subsidy as new Subdiv. (1) and amending same by adding reference to commissioner's annual review, deleting provision re child reaches age 21, deleting former Subdivs. (2)(A) and (2)(B) re successor guardian and redesignating clauses (i) to (iii) as Subparas. (A) to (C), redesignating Subdiv. (3) as new Subdiv. (2) and amending same by adding provision re additional documentation, amended Subsec. (k)(2) by replacing “Subsidy Review Board” with “department in accordance with the provisions of chapter 54”, and made technical and conforming changes, effective July 1, 2017.

Sec. 17a-127. Development and implementation of individual service plan. Child specific team. (a) The following shall be established for the purposes of developing and implementing an individual service plan: Within available appropriations, a child specific team may be developed by the family of a child or youth with complex behavioral health service needs which shall provide for family participation in all aspects of assessment, planning and implementation of services and may include, but need not be limited to, family members, the child or adolescent if appropriate, clergy, school personnel, representatives of local or regional agencies providing programs and services for children and youths, a family advocate, and other community or family representatives. The team shall designate one member to be the team coordinator. The team coordinator shall, with the consent of the parent, guardian, youth or emancipated minor, compile the results of all assessments and evaluations completed prior to the preparation of an individual service plan that document the service needs of the child or youth, make decisions affecting the implementation of an individual service plan, and make referrals to community agencies and resources in accordance with an individual service plan. The care coordinator shall not make decisions affecting the implementation of the individual service plan without the consent of the parent, guardian, youth or emancipated minor, except as otherwise provided by law.

(b) The provisions of this section shall not be construed to grant an entitlement to any child or youth with behavioral health needs to receive particular services under this section in an individual service plan if such child or youth is not otherwise eligible to receive such services from any state agency or to receive such services pursuant to any other provision of law.

(P.A. 97-272, S. 2; June Sp. Sess. P.A. 00-2, S. 7, 53; June Sp. Sess. P.A. 01-2, S. 45, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 06-196, S. 123; P.A. 14-187, S. 19.)

History: June Sp. Sess. P.A. 00-2 amended Subsec. (a)(2) to modify composition of case review committees to include parents of children or adolescents with mental illness or emotional disturbance, and amended Subsec. (a)(3) to modify composition of coordinated care committee to include a parent of a child or adolescent with mental illness or emotional disturbance, effective July 1, 2000; June Sp. Sess. P.A. 01-2 amended Subsec. (a) by substituting “individual service plan” for “individual system of care”, providing that child specific team may also be developed by the family of a youth with complex behavioral health service needs, in lieu of adolescent at placement risk, and that such team shall provide for family participation in all aspects of assessment, planning and implementation of services, requiring team coordinator, with consent of the parent, guardian, youth or emancipated minor, to compile results of all assessments and evaluations completed prior to preparation of an individual service plan that document the service needs of the child or youth and to make referrals to community agencies and resources in accordance with an individual service plan, prohibiting care coordinator from making decisions affecting the implementation of the individual service plan without the consent of the parent, guardian, youth or emancipated minor, deleting Subdiv. (2) re case review committees and deleting Subdiv. (3) re development of a coordinated care committee, deleted existing Subsec. (b) re a report to the General Assembly on findings and recommendations of programs for children and youth at placement risk, redesignated existing Subsec. (c) as Subsec. (b), substituting “with behavioral health needs” for “at placement risk” and “individual service plan” for “individual system of care” therein, and redesignated existing Subsec. (d) as Subsec. (c), inserting the phrase “, in consultation with the Commissioner of Social Services,” therein, effective July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section; P.A. 06-196 made a technical change in Subsec. (a), effective June 7, 2006; P.A. 14-187 deleted former Subsec. (c) re regulations, effective June 11, 2014.

Sec. 17a-128. Liaison to Department of Social Services. The Department of Children and Families shall establish a liaison to the Department of Social Services to ensure that Medicaid-eligible children and youths receive mental health services in accordance with federal law.

(P.A. 97-272, S. 3; P.A. 06-196, S. 124.)

History: P.A. 06-196 made a technical change, effective June 7, 2006.

Sec. 17a-129. Department not required to seek custody of certain children and youths. There shall be no requirement for the Department of Children and Families to seek custody of any child or youth with mental illness, emotional disturbance, a behavioral disorder or developmental or physical disability if such child is voluntarily placed with the department by a parent or guardian of the child for the purpose of accessing an out-of-home placement or intensive outpatient service, including, but not limited to, residential treatment programs, therapeutic foster care programs and extended day treatment programs, except as permitted pursuant to sections 17a-101g and 46b-129. Commitment to or protective supervision or protection by the department shall not be a condition for receipt of services or benefits delivered or funded by the department.

(P.A. 97-272, S. 4.)

Sec. 17a-130. Application to insurance contracts. The provisions of sections 17a-1, 17a-3, 17a-11 and sections 17a-126 to 17a-130, inclusive, shall not be construed to apply to any nongovernmental insurance policy or health care center contract or alter any contractual or statutory obligation of the insurer or health care center.

(P.A. 97-272, S. 8, 9.)

History: P.A. 97-272, S. 8 effective July 1, 1997.

Sec. 17a-131. Cardiopulmonary resuscitation training required for persons who directly supervise children. Any person who has direct supervision of children placed by the state in a state facility or private institution shall be trained in cardiopulmonary resuscitation.

(P.A. 98-256, S. 13.)

Sec. 17a-131a. Refusal to administer or consent to the administration of psychotropic drugs to children. The refusal of a parent or other person having control of a child to administer or consent to the administration of any psychotropic drug to such child shall not, in and of itself, constitute grounds for the Department of Children and Families to take such child into custody or for any court of competent jurisdiction to order that such child be taken into custody by the department, unless such refusal causes such child to be neglected or abused, as defined in section 46b-120.

(P.A. 01-124, S. 2.)

Sec. 17a-132. Qualified residential treatment program placement. Assessment and motion for review. Regulations. (a) As used in this section, “family” or “family member” means a person related to a child by birth, marriage or other legal means, or a fictive kin caregiver, as defined in section 17a-114.

(b) On and after July 1, 2021, or upon approval by the federal Administration for Children and Families of the Connecticut Family First Prevention Plan developed by the Department of Children and Families, whichever is first, a child in the custody of the Commissioner of Children and Families pursuant to section 46b-129 who is placed in a qualified residential treatment program shall, not later than thirty days after such placement, be assessed by a qualified individual designated by the commissioner in accordance with the provisions of this section. Such qualified individual shall (1) assess the strengths and needs of the child using an age-appropriate, evidence-based, validated, functional assessment tool approved by the Secretary of Health and Human Services, (2) determine whether the needs of the child can be met by family members or through placement in a foster family, and, if such needs cannot be met, identify a setting that would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the goals for the child as specified in the permanency plan for the child, and (3) develop a list of child-specific short-term and long-term mental and behavioral health goals. A qualified individual shall work in conjunction with the child's family permanency planning team while conducting an assessment under this section.

(c) If the qualified individual conducting an assessment under this section determines that a child should not be placed with family members or in a foster family, the qualified individual shall specify in writing why the needs of the child cannot be met by the child's family or in a foster family, provided a shortage or lack of availability of foster family homes shall not be an acceptable reason for a determination that the child's needs cannot be met in a foster family. If the qualified individual recommends that a child should be placed in a qualified residential treatment program, the qualified individual shall further specify in writing why placement in the qualified residential treatment program will provide the child with the most effective and appropriate level of care in the least restrictive environment and how such placement is consistent with the goals specified in the permanency plan for the child. Such written assessment shall be submitted to the commissioner.

(d) (1) On and after July 1, 2021, or upon approval by the federal Administration for Children and Families of the Connecticut Family First Prevention Plan developed by the Department of Children and Families, whichever is first, the Commissioner of Children and Families, not later than thirty-five days after the placement of a child who is in the custody of the commissioner pursuant to section 46b-129 in a qualified residential treatment program, shall file a motion with the Superior Court that has venue over such matter for review of the written assessment required pursuant to subsection (c) of this section, unless such child has been discharged from the qualified residential treatment program.

(2) Not later than fifteen days after a motion for review is filed pursuant to subdivision (1) of this subsection, the court shall (A) review the findings from the assessment of the child and the determination made pursuant to subsection (b) of this section, and the written assessment required pursuant to subsection (c) of this subsection; and (B) determine whether the needs of the child can be met through placement with a foster family and, if not, whether placement of the child in the qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and that such placement is consistent with the goals specified in the permanency plan for the child. The purpose of the determination made pursuant to subparagraph (B) of this subdivision shall be solely for allowing the Commissioner of Children and Families to receive foster care maintenance payments pursuant to Title IV-E of the Social Security Act, as amended from time to time.

(e) Following the court's approval or disapproval pursuant to subsection (d) of this section, the Commissioner of Children and Families shall submit evidence to the court at any hearing held with respect to a child that remains placed in a qualified residential treatment program, (1) demonstrating that (A) ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster family, (B) the placement in the qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment, and (C) the placement is consistent with the goals specified in the permanency plan for the child; (2) documenting the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need such treatment or services; and (3) documenting efforts made by the commissioner to prepare the child to return home or to be placed with a family member, a legal guardian, an adoptive parent or in a foster family.

(f) The Commissioner of Children and Families shall adopt regulations in accordance with the provisions of chapter 54 establishing standards for qualified residential treatment programs and qualified individuals. Such standards shall include, but not be limited to, (1) staffing at such treatment programs, (2) the care and treatment of children cared for or boarded in such treatment programs, (3) training and qualifications required for a qualified individual, and (4) documentation requirements. The commissioner may implement policies and procedures consistent with the provisions of this subsection while the commissioner is in the process of adopting such regulations, provided the commissioner shall publish notice of intention to adopt regulations on the eRegulations System not later than twenty days after the implementation of such policies and procedures. Any such policies and procedures shall be valid until such final regulations are effective.

(P.A. 21-140, S. 7, 8; P.A. 22-124, S. 1.)

History: P.A. 21-140, S. 8, codified by the Revisors as Subsecs. (a) to (e), and S. 7, codified by the Revisors as Subsec. (f), effective July 7, 2021; P.A. 22-124 amended Subsec. (b) by making a technical change, effective May 27, 2022.

Secs. 17a-133 to 17a-144. Reserved for future use.

PART II

CHILD-CARE FACILITIES AND CHILD-PLACING AGENCIES

Sec. 17a-145. (Formerly Sec. 17-48). Licensing of child care facilities. Exemptions. Designation of on-site staff person to apply reasonable and prudent parent standard. (a) No person or entity shall care for or board a child without a license obtained from the Commissioner of Children and Families, except: (1) When a child has been placed by a person or entity holding a license from the commissioner; (2) any residential educational institution exempted by the State Board of Education under the provisions of section 17a-152; (3) residential facilities under contract with or licensed by the Department of Developmental Services pursuant to section 17a-227; (4) facilities providing child care services, as defined in section 19a-77; or (5) any home that houses students participating in a program described in subparagraph (B) of subdivision (8) of section 10a-29. The person or entity seeking a child care facility license shall file with the commissioner an application for a license, in such form as the commissioner furnishes, stating the location where it is proposed to care for such child, the number of children to be cared for, in the case of a corporation, the purpose of the corporation and the names of its chief officers and of the actual person responsible for the child. The Commissioner of Children and Families is authorized to fix the maximum number of children to be boarded and cared for in any such home or institution or by any person or entity licensed by the commissioner. If the population served at any facility, institution or home operated by any person or entity licensed under this section changes after such license is issued, such person or entity shall file a new license application with the commissioner, and the commissioner shall notify the chief executive officer of the municipality in which the facility is located of such new license application, except that no confidential client information may be disclosed.

(b) The Commissioner of Children and Families shall adopt regulations, in accordance with the provisions of chapter 54, setting forth standards for the licensing of child care facilities. Such regulations shall include, but not be limited to, minimum standards for (1) the physical requirements of such facilities, (2) the care and treatment of children cared for or boarded in such facilities, and (3) the staffing of such facilities.

(c) Each person or entity licensed by the commissioner pursuant to subsection (a) of this section shall designate an on-site staff member who shall apply a reasonable and prudent parent standard, as defined in subsection (a) of section 17a-114d, on behalf of the child.

(d) The Commissioner of Children and Families shall not be responsible for the licensing of any facility that does not board or care for children or youths under eighteen years of age.

(1949 Rev., S. 2638; 1961, P.A. 601, S. 1; P.A. 73-62, S. 1, 3; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 78-108, S. 1, 4; P.A. 79-631, S. 71, 111; P.A. 82-261, S. 1, 6; P.A. 85-56; P.A. 93-91, S. 1, 2; P.A. 96-194, S. 8; P.A. 05-71, S. 1; 05-246, S. 13; P.A. 07-73, S. 2(a); 07-252, S. 62; P.A. 09-205, S. 7; P.A. 15-199, S. 6; 15-227, S. 25; P.A. 16-121, S. 2; P.A. 17-81, S. 8; P.A. 18-67, S. 10.)

History: 1961 act deleted requirement that annual report be filed; P.A. 73-62 included commissioner of children and youth services in licensing authority, added provisions re annual report and clarified powers of children and youth services commissioner; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 78-108 required license for nonexempt residential educational institutions; P.A. 79-631 deleted reference to commissioner of human resources and obsolete limitation on powers of children and youth services commissioner; P.A. 82-261 provided the exemption for family day care homes; P.A. 85-56 replaced an exception for family day care homes with the exception for facilities providing child day care services; Sec. 17-48 transferred to Sec. 17a-145 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-194 replaced obsolete language categorizing entities which may care for or board a child with new provisions and made technical corrections; P.A. 05-71 made a technical change and added requirements that new license application be filed with commissioner if population at facility, institution or home changes and that commissioner notify chief executive officer of municipality in which facility located of such application; P.A. 05-246 added new Subdiv. (3) re exception for residential facilities licensed by Department of Mental Retardation pursuant to Sec. 17a-227, redesignated existing Subdiv. (3) as Subdiv. (4) and made a technical change; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; P.A. 07-252 added Subdiv. (5) re exemption for homes that house students participating in the “A Better Chance” program or similar programs, effective July 1, 2007; P.A. 09-205 eliminated annual report requirement, effective July 1, 2009; P.A. 15-199 designated existing provisions re care and boarding of child as Subsec. (a) and added Subsec. (b) re designation of on-site staff member to apply reasonable and prudent parent standard, effective July 1, 2015; pursuant to P.A. 15-227, “child day care services” was changed editorially by the Revisors to “child care services”, effective July 1, 2015; P.A. 16-121 added Subsec. (c) re commissioner's responsibility for licensing of facility that does not board or care for children or youths under 18 years of age, effective June 7, 2016; P.A. 17-81 added new Subsec. (b) re adoption of regulations and redesignated existing Subsecs. (b) and (c) as Subsecs. (c) and (d), effective July 1, 2017; P.A. 18-67 amended Subsec. (a)(3) by adding “under contract with or”, effective July 1, 2018.

See Sec. 17a-151 re criminal history records checks.

Annotation to former section 17-48:

Cited. 214 C. 560.

Sec. 17a-146. (Formerly Sec. 17-48a). Transfer of adoption duties to Commissioner of Children and Families. No later than April 1, 1975, the Commissioner of Children and Families shall exercise and have all authority, rights, duties and functions granted to or imposed upon the Commissioner of Social Services in the general statutes in the area of adoption of children, including, but not limited to, authority to license or approve agencies under sections 17a-145, 17a-148, 17a-149 and 17a-151, and to act as a statutory parent, as defined in section 45a-707.

(P.A. 74-251, S. 20; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 93-91, S. 1, 2.)

History: P.A. 75-420 incorrectly replaced welfare commissioner with commissioner of social services, whose position was nonexistent on April 1, 1975; P.A. 77-614 and P.A. 78-303 would further have replaced social services commissioner with human resources commissioner, effective January 1, 1979, but for limiting date within section; Sec. 17-48a transferred to Sec. 17a-146 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993.

Sec. 17a-147. Licensing of extended day treatment programs. (a) For the purposes of this section and section 17a-22, “extended day treatment” means a supplementary care community-based program providing a comprehensive multidisciplinary approach to treatment and rehabilitation of emotionally disturbed, mentally ill, behaviorally disordered or multiply handicapped children and youths during the hours immediately before and after school while they reside with their parents or surrogate family. Extended day treatment programs, except any such program provided by a regional educational service center established in accordance with section 10-66a, shall be licensed by the Department of Children and Families.

(b) The goal of extended day treatment is to improve the functioning of the child or youth as an individual and the family as a unit with the least possible interruption of beneficial relationships with the family and the community. An extended day treatment program (1) shall offer the broadest range of therapeutic services consistent with the needs of the children and youths it serves, including, but not limited to, (A) a therapeutic setting, (B) the integration of the family into the treatment and the treatment planning process, (C) support and emergency services to families designed to allow continued residence of the children and youths in their homes, (D) professional clinical services, (E) access to educational services, and (F) the coordination of community services in support of the treatment effort, or (2) if provided for children requiring special education by a regional educational service center, shall offer such services as are specified in the prescribed educational program for each such child in accordance with section 10-76d.

(c) The Commissioner of Children and Families shall adopt such regulations, in accordance with chapter 54, as are necessary to establish procedures and requirements for the licensure of extended day treatment programs, except any such program provided by a regional educational service center.

(P.A. 90-290, S. 1; P.A. 93-91, S. 1, 2; P.A. 06-196, S. 125.)

History: P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 06-196 made technical changes in Subsecs. (a) and (b), effective June 7, 2006.

Sec. 17a-148. (Formerly Sec. 17-49). When license not required; agreement for adoption. The provisions of section 17a-145 shall not apply to any person who is caring for a child without compensation and who has executed a written agreement for the adoption of such child which agreement has been filed with the Probate Court with the application for adoption as provided in section 45a-727.

(1949 Rev., S. 2639; P.A. 73-156, S. 18.)

History: P.A. 73-156 deleted reference to repealed Sec. 45-61 and restated provision for clarity; Sec. 17-49 transferred to Sec. 17a-148 in 1991.

Sec. 17a-149. (Formerly Sec. 17-49a). Licensing of child-placing agencies. Limit on commissioner's ability to inspect. No person or entity except a parent, an adult relative as specified by section 17b-75 or guardian of any child shall place a child without a license obtained from the Commissioner of Children and Families. Application for a child-placing license shall be in a form furnished by the commissioner, and shall state the location of the principal place of business of the applicant, its organization or corporate name, its purposes and the name, title and degree of professional training of each of its staff members engaged in carrying out its stated purposes. Any such applicant shall consent to such inspection, review and supervision of all acts in relation to child placing as are reasonably necessary to enable the commissioner to perform his or her duties under section 17a-151. The provisions of this section with regard to the commissioner's authority to inspect, review and supervise all acts in relation to child placing under section 17a-151 shall be limited to inspection, review and supervision of the applicant under this section and shall not include inspection, review or supervision of the homes in which a child is placed.

(1961, P.A. 601, S. 2; P.A. 75-420, S. 4, 6; 75-580, S. 1; P.A. 77-524, S. 1; 77-614, S. 521, 610; P.A. 79-631, S. 72, 111; P.A. 93-91, S. 1, 2; P.A. 96-194, S. 9; P.A. 16-28, S. 35.)

History: P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 75-580 clarified placement of child as either temporary or permanent, defined “temporary basis” and added provision limiting commissioner's authority re inspection, review and supervision; P.A. 77-524 added proviso re placement in temporary home not receiving compensation from state; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced commissioner of human resources with commissioner of children and youth services; Sec. 17-49a transferred to Sec. 17a-149 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-194 deleted obsolete language, deleted definition and references to “temporary basis” child placements and made technical corrections; P.A. 16-28 made a technical change.

See Sec. 17a-151 re criminal history records checks.

Annotation to former section 17-49a:

Cited. 214 C. 560.

Sec. 17a-150. (Formerly Sec. 17-49b). Regulations. The Commissioner of Children and Families shall adopt regulations in accordance with chapter 54 setting forth standards for licensing of child-placing agencies, as defined in section 17a-93. Such regulations shall (1) set minimum standards for homes in which children may be placed, (2) require that a child-placing agency have a minimum of two staff persons who are qualified by a combination of education and work experience, and (3) require that a child-placing agency be a nonprofit organization qualified as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.

(P.A. 75-420, S. 4, 6; 75-580, S. 2; P.A. 77-524, S. 2; 77-614, S. 521, 610; P.A. 79-631, S. 73, 111; P.A. 84-131, S. 1, 2; P.A. 89-211, S. 30; P.A. 93-91, S. 1, 2; P.A. 96-194, S. 10; P.A. 17-81, S. 9; P.A. 17-81, S. 9.)

History: P.A. 75-420 allowed substitution of social services commissioner for welfare commissioner in P.A. 75-580 which created section; P.A. 77-524 added Subsec. (c); P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced human resources commissioner with commissioner of children and youth services; P.A. 84-131 amended Subsec. (a) by adding the requirements on staffing and nonprofit status; P.A. 89-211 clarified reference to the Internal Revenue Code of 1986; Sec. 17-49b transferred to Sec. 17a-150 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-194 deleted obsolete language, deleted references to placement on a “temporary basis” and deleted Subsec. (c) which had exempted host home families from provisions of section; P.A. 17-81 deleted Subsec. (a) designator, deleted former Subsec. (b) re regulations providing minimum standards for homes, added references to child-placing agency, added provision re regulations to set minimum standards for homes, and made technical and conforming changes, effective July 1, 2017.

Annotation to former section 17-49b:

Cited. 214 C. 560.

Sec. 17a-151. (Formerly Sec. 17-50). Investigation. Issuance of license or provisional license. Revocation, suspension or limitation of license. Appeal. (a) The Commissioner of Children and Families shall investigate the conditions stated in each application made under the provisions of sections 17a-145 and 17a-149 and shall require any person identified on the application under said sections and any individual eighteen years of age or older who is employed by a child care facility licensed pursuant to section 17a-145 to submit to (1) state and national criminal history records checks, (2) a check of the state child abuse and neglect registry established pursuant to section 17a-101k, and (3) a check of the child abuse and neglect registry in any state in which such person or individual resided in the preceding five years. 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. The commissioner shall investigate the conditions in each application under the provisions of sections 17a-145 and 17a-149 and, if the commissioner finds such conditions suitable for the proper care of children, or for the placing out of children, under such standards for the promotion of the health, safety, morality and well-being of such children as the commissioner prescribes, shall issue such license as is required as promptly as possible, without expense to the licensee. If, after such investigation, the commissioner finds that the applicant, notwithstanding good faith efforts, is not able to fully comply with all the requirements the commissioner prescribes, but compliance can be achieved with minimal efforts, the commissioner may issue a provisional license for a period not to exceed sixty days. The provisional license may be renewed for additional sixty-day periods, but in no event shall the total of such periods be for longer than one year. Before issuing any license, the commissioner shall give to the selectmen of the town wherein such licensee proposes to carry on the licensed activity ten days' notice in writing that the issuance of such license is proposed, but such notice shall not be required in case of intention to issue such license to any corporation incorporated for the purpose of caring for or placing such children. Each license so issued shall specify whether it is granted for child-caring or child-placing purposes, shall state the number of children who may be cared for, shall be in force twenty-four months from date of issue, and shall be renewed for the ensuing twenty-four months, if conditions continue to be satisfactory to the commissioner. The commissioner shall provide such periodical inspections and review as shall safeguard the well-being, health and morality of all children cared for or placed under a license issued by the commissioner under this section and shall visit and consult with each such child and with the licensee as often as the commissioner deems necessary but at intervals of not more than ninety days. Each licensee under the provisions of this section shall file annually with the commissioner a report containing such information concerning its functions, services and operation, including financial data, as the commissioner requires. Any license issued under this section may be revoked, suspended or limited by the commissioner for cause, after notice given to the person or entity concerned and after opportunity for a hearing thereon. Any party whose application is denied or whose license is revoked, suspended or limited by the commissioner may appeal from such adverse decision in accordance with the provisions of section 4-183. Appeals under this section shall be privileged in respect to the order of trial assignment.

(b) The criminal history records checks required pursuant to subsection (a) of this section shall be conducted in accordance with section 29-17a.

(1949 Rev., S. 2640; 1961, P.A. 601, S. 3; 1971, P.A. 179, S. 7; 870, S. 46; P.A. 73-62, S. 2, 3; P.A. 75-420, S. 4, 6; P.A. 76-436, S. 364, 681; P.A. 77-603, S. 44, 125; 77-614, S. 521, 610; P.A. 78-209, S. 1, 3; P.A. 79-631, S. 74, 111; P.A. 81-91, S. 1; P.A. 93-91, S. 1, 2; P.A. 95-349, S. 1; P.A. 96-194, S. 11; P.A. 98-241, S. 4, 18; P.A. 01-175, S. 10, 32; June Sp. Sess. P.A. 01-2, S. 35, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 03-243, S. 8; P.A. 14-187, S. 20; P.A. 19-117, S. 159; 19-120, S. 5.)

History: 1961 act added child-placing agencies to scope of section, changed requisite conditions for issuing license from satisfactory to suitable for the proper care of children, etc., required notice to be given in town where licensee proposes to carry on activity rather than where he resides, added provisions re review, visitation and consultation by commissioner and required licensee to file annual report; 1971 acts replaced “next” or “next but one” return day with return day not less than 12 or more than 30 days after decision and replaced superior court with court of common pleas, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 73-62 included children and youth services commissioner in provisions except that welfare commissioner alone is to investigate conditions in application under Sec. 17-49a; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-603 replaced previous detailed appeal provisions with statement that appeals be made in accordance with Sec. 4-183 and deleted provision re assessment of costs; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 78-209 added provisions re provisional license; P.A. 79-631 replaced human resources commissioner with commissioner of children and youth services; P.A. 81-91 made technical changes; Sec. 17-50 transferred to Sec. 17a-151 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-349 extended the length of each license from 12 months to 24 months, made technical corrections and added Subsec. (b) re regulations; P.A. 96-194 amended Subsec. (a) by providing that the commissioner may suspend or limit a license in addition to revoke and replaced “institution, person or group of persons” with “person or entity”; P.A. 98-241 amended Subsec. (a) by adding request of a criminal records check for persons applying under Sec. 17a-145 and inserted new provisions as Subsec. (b) re criminal records check by State Police Bureau of Identification and to require Commissioner of Children and Families to arrange for fingerprinting of person and forwarding fingerprints to State Police Bureau of Identification and redesignated existing Subsec. (b) as (c), effective July 1, 1998; P.A. 01-175 amended Subsec. (a) by replacing provisions re criminal records checks with provisions re state and national criminal history records checks and making technical changes for purposes of gender neutrality, and amended Subsec. (b) by replacing provisions re criminal records checks and fingerprinting with provisions re criminal history records checks pursuant to Sec. 29-17a, effective July 1, 2001; June Sp. Sess. P.A. 01-2 amended Subsec. (a) to require any person “identified on the application”, in lieu of any person “applying”, to submit to criminal history records checks; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section; P.A. 03-243 amended Subsec. (a) to add references to Secs. 17a-149 and 17a-145 re child placing agencies and child-care facilities; P.A. 14-187 deleted former Subsec. (c) re regulations, effective June 11, 2014; P.A. 19-117 amended Subsec. (a) by adding provision re individual age 18 or older employed by child care facility, designating existing provision re national criminal history records checks as Subdiv. (1), adding Subdiv. (2) re check of state child abuse and neglect registry, adding Subdiv. (3) re check of child abuse and neglect registry in any state person or individual resided in preceding 5 years, adding provision re commissioner to comply with request to check child abuse and neglect registry made by child welfare agency of another state, and making a technical change, effective July 1, 2019; P.A. 19-120 made identical changes as P.A. 19-117, effective July 1, 2019.

Annotation to former section 17-50:

Cited. 214 C. 560.

Secs. 17a-151a to 17a-151z. Reserved for future use.

Sec. 17a-151aa. Child placed in residential facility. Written agreement re care and treatment. Out-of-state residential placements by Department of Children and Families. Visits with child. (a) Any state agency that places a child, as defined in section 17a-93, in a residential facility shall enter into a written agreement with the facility at the time of the placement. Such written agreement shall establish clear standards for the child's care and treatment, including, but not limited to, requirements for monthly written reports concerning the child's care and treatment, addressed to the case worker overseeing the child's placement. The monthly written reports shall set forth child-specific goals and expectations for treatment and progress. The written agreement shall require the facility to report promptly to the placing agency any allegation that the child is abused or neglected, as defined in section 46b-120, or any incident of abuse or neglect of an individual placed in the facility. The placing agency shall ensure that a discharge plan is initiated no later than two weeks after the child's placement in the facility.

(b) In the case of a child placed by the Department of Children and Families in a residential facility in another state, the Commissioner of Children and Families shall ensure that a representative of the department makes in-person visits with the child no less frequently than every two months in order to assess the well-being of the child.

(June Sp. Sess. P.A. 01-2, S. 25, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 04-258, S. 19.)

History: June Sp. Sess. P.A. 01-2 effective July 1, 2001; June Sp. Sess. P.A. 01-9 changed effective date of June Sp. Sess. P.A. 01-2 from July 1, 2001, to October 1, 2001; P.A. 04-258 designated existing provisions as Subsec. (a) and made technical changes therein, and added Subsec. (b) re out-of-state residential placements by Department of Children and Families and department's responsibility to assess the well-being of the child through in-person visits with the child, effective July 1, 2004.

Sec. 17a-152. (Formerly Sec. 17-51). Placement of child from another state. Any person or entity, before bringing or sending any child into the state for the purpose of placing or caring for such child in any home or institution, either free or for board, shall make application to the Commissioner of Children and Families, giving the name, the age and a personal description of such child, the name and address of the person, home or institution with which the child is to be placed, and such other information as may be required by the commissioner. Such person or institution shall be licensed by said commissioner under the provisions of section 17a-145 and section 17a-151. When the permission of said commissioner has been received for the placement of such child, the person or entity, before placing the child, shall undertake: (1) That if, prior to becoming eighteen years of age or being adopted, such child becomes a public charge, such person or entity will, within thirty days after notice requesting the child's removal has been given by the commissioner, remove the child from the state; (2) that such person or entity shall report annually, and more often if requested to do so by the commissioner, as to the location and condition of the child as long as the child remains in the state prior to such child's becoming eighteen years of age or prior to such child's legal adoption, and shall, at the discretion of the commissioner, execute and deliver to the commissioner a bond payable to the state, and in the penal sum of one thousand dollars, with surety or security acceptable to the Attorney General, conditioned on the performance of such undertaking. The provisions of this section shall not apply in the case of (A) the bringing of a child to the home of any relative who is a resident of this state, (B) any summer camp operating ninety days or less in any consecutive twelve months, or (C) any educational institution as determined by the State Board of Education.

(1949 Rev., S. 2641; 1957, P.A. 27; February, 1965, P.A. 488, S. 12; 1967, P.A. 840, S. 2; 1972, P.A. 127, S. 23; P.A. 75-420, S. 4, 6; P.A. 77-28, S. 1, 2; P.A. 78-108, S. 2, 4; P.A. 93-91, S. 1, 2; P.A. 96-194, S. 12; P.A. 06-196, S. 205.)

History: 1965 act added Subdivs. (a) and (b); 1967 act changed applicable age in Subdiv. (2) from 18 to 21; 1972 act changed age from 21 to 18, reflecting change in age of majority; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-28 replaced social services commissioner with commissioner of children and youth services; P.A. 78-108 qualified exemption of educational institutions from provisions by adding “as determined by the state board of education”; Sec. 17-51 transferred to Sec. 17a-152 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-194 replaced “public or private agency, corporation or organization” with “entity” and made technical corrections (Revisor's note: Lowercase alphabetic Subpara. indicators were replaced editorially by the Revisors with uppercase indicators for consistency with customary statutory usage); P.A. 06-196 made technical changes, effective June 7, 2006.

See Sec. 17a-112 re placement of children in cases involving termination of parental rights.

See Sec. 46b-129 re placement of neglected, uncared for or dependent child.

Annotation to former section 17-51:

Cited. 214 C. 560.

Sec. 17a-153. (Formerly Sec. 17-52). Investigation into reported violation. Action in the name of the state. Notice. Hearing. Policy. (a) Notwithstanding the existence or pursuit of any other remedy, the Commissioner of Children and Families may, in the manner provided by law and upon the advice of the Attorney General, conduct an investigation into any reported violation of section 17a-145, 17a-149 or 17a-152 and maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the caring for, boarding or placing of a child in violation of said sections.

(b) If the Commissioner of Children and Families has reason to believe that a violation has occurred for which a civil penalty is authorized pursuant to subsection (d) of this section, the commissioner may notify the alleged violator by certified mail, return receipt requested, or by personal service. Such notice shall include: (1) A reference to the section or sections of the general statutes alleged to have been violated; (2) a short and plain statement of the matter asserted or charged; (3) a statement of the prescribed civil penalty which may be imposed pursuant to subsection (d) of this section; and (4) a statement of the alleged violator's right to request a hearing and requirement that any such request be submitted, in writing, to the commissioner not later than thirty days after notice is mailed or given by personal service pursuant to this subsection.

(c) Not later than thirty days after receipt of a request for hearing made pursuant to subsection (b) of this section, the commissioner shall hold such hearing in accordance with the provisions of chapter 54. If (1) after holding such hearing, the commissioner finds that a violation of section 17a-145, 17a-149 or 17a-152 has occurred, (2) the alleged violator does not request a hearing, or (3) the alleged violator requests a hearing but does not appear at such hearing, the commissioner may order the imposition of a civil penalty pursuant to subsection (d) of this section. The commissioner shall send a copy of any order issued pursuant to this subsection by certified mail, return receipt requested, to the person or entity named in such order.

(d) Any person or entity which violates any provision of section 17a-145, section 17a-149 or section 17a-152 shall be fined not more than one hundred dollars.

(1949 Rev., S. 2642; 1961, P.A. 601, S. 4; P.A. 18-111, S. 7.)

History: 1961 act extended statute's application to section 17-49a; Sec. 17-52 transferred to Sec. 17a-153 in 1991; P.A. 18-111 added Subsec. (a) re investigation and action in the name of the state, added Subsec. (b) re notice to alleged violator, added Subsec. (c) re hearing and imposition of civil penalty, designated existing provisions re fine as Subsec. (d) and amended same by replacing “corporation” with “entity”, effective July 1, 2018.

Secs. 17a-154 and 17a-155. (Formerly Secs. 17-52a and 17-52b). “Permanent family residence”; definition; requirements. Regulations. Sections 17a-154 and 17a-155 are repealed, effective October 1, 2013.

(P.A. 80-261, S. 1–7; P.A. 88-94, S. 1, 3; P.A. 93-91, S. 1, 2; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 11-8, S. 29; 11-51, S. 90; P.A. 13-40, S. 14; 13-247, S. 200.)

Secs. 17a-156 to 17a-174. Reserved for future use.

PART III

INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

Sec. 17a-175. (Formerly Sec. 17-81a). Compact. The Interstate Compact on the Placement of Children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:

INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

ARTICLE I. Purpose and Policy

It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.

(d) Appropriate jurisdictional arrangements for the care of children will be promoted.

ARTICLE II. Definitions

As used in this compact:

(a) “Child” means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.

(b) “Sending agency” means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state.

(c) “Receiving state” means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.

(d) “Placement” means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility.

ARTICLE III. Conditions for Placement

(a) No sending state shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.

(b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:

(1) The name, date and place of birth of the child.

(2) The identity and address or addresses of the parents or legal guardian.

(3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child.

(4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.

(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.

ARTICLE IV. Penalty for Illegal Placement

The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children.

ARTICLE V. Retention of Jurisdiction

(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.

(b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.

(c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.

ARTICLE VI. Institutional Care of Delinquent Children

A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that:

1. Equivalent facilities for the child are not available in the sending agency's jurisdiction; and

2. Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.

ARTICLE VII. Compact Administrator

The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

ARTICLE VIII. Limitations

This compact shall not apply to:

(a) The sending or bringing of a child into a receiving state by his parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or nonagency guardian in the receiving state.

(b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.

ARTICLE IX. Enactment and Withdrawal

This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.

ARTICLE X. Construction and Severability

The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

(1967, P.A. 178, S. 1.)

History: Sec. 17-81a transferred to Sec. 17a-175 in 1991.

See Sec. 17a-112 re placement of children in cases involving termination of parental rights.

See Sec. 46b-129 re placement of neglected, uncared for or dependent child.

Annotation to former section 17-81a:

Cited. 8 CA 656.

Annotations to present section:

Section does not apply to out-of-state noncustodial parents. 305 C. 723.

Compact does not permit a trial court to order an out-of-state placement to a member of a minor child's extended family without the approval of the placement by an agency in the receiving state. 121 CA 150. Claim that section does not apply to out-of-state noncustodial parents is moot and beyond review of court because of child's placement with respondent. 129 CA 727; judgment reversed, see 305 C. 723.

Sec. 17a-176. (Formerly Sec. 17-81b). Licensing or bonding not required of sending agency. Any requirement of the general statutes for a license or permit or the posting of a bond to entitle an agency to place children shall not apply to a public sending agency of or in another state party to said compact.

(1967, P.A. 178, S. 2.)

History: Sec. 17-81b transferred to Sec. 17a-176 in 1991.

Sec. 17a-177. (Formerly Sec. 17-81c). Financial responsibility for children. Enforcement. Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact for the Placement of Children shall be determined in accordance with the provisions of Article V thereof in the first instance. In the event of partial or complete default of performance thereunder, any and all provisions for enforcing responsibility for support of children in this state may also be invoked.

(1967, P.A. 178, S. 3.)

History: Sec. 17-81c transferred to Sec. 17a-177 in 1991.

Sec. 17a-178. (Formerly Sec. 17-81d). Duties of Commissioner of Children and Families. (a) As used in Article III of section 17a-175, “appropriate public authorities”, with reference to this state, means the Commissioner of Children and Families or the commissioner's designee and said commissioner shall receive and act with reference to notices required by said Article III.

(b) As used in Article V(a) of section 17a-175, “appropriate authority in the receiving state”, with reference to this state, means the Commissioner of Children and Families or the commissioner's designee.

(1967, P.A. 178, S. 4, 5; P.A. 74-251, S. 17; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 75, 111; P.A. 93-91, S. 1, 2; P.A. 14-122, S. 111; P.A. 16-28, S. 36.)

History: P.A. 74-251 added references to welfare commissioner's designee; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced commissioner of human resources with commissioner of children and youth services; Sec. 17-81d transferred to Sec. 17a-178 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 14-122 made technical changes; P.A. 16-28 made technical changes.

Sec. 17a-179. (Formerly Sec. 17-81e). Agreements with other states. The officers and agencies of this state and its subdivisions having authority to place children are empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to Article V (b) of section 17a-175. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or a subdivision or agency thereof shall not be binding unless it has the approval in writing of the Secretary of the Office of Policy and Management.

(1967, P.A. 178, S. 6; P.A. 77-614, S. 19, 610.)

History: P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management; Sec. 17-81e transferred to Sec. 17a-179 in 1991.

Sec. 17a-180. (Formerly Sec. 17-81f). Requirements for visitation, inspection, supervision. Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under section 17a-175 and any amendments thereto shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or any subdivision thereof as contemplated by Article V (b) of section 17a-175.

(1967, P.A. 178, S. 7.)

History: Sec. 17-81f transferred to Sec. 17a-180 in 1991.

Sec. 17a-181. (Formerly Sec. 17-81g). Placement of delinquent children. Any court having jurisdiction to place delinquent children may place any such child in an institution of or in another state pursuant to Article VI of section 17a-175 and shall retain jurisdiction as provided in Article V thereof.

(1967, P.A. 178, S. 8.)

History: Sec. 17-81g transferred to Sec. 17a-181 in 1991.

Sec. 17a-182. (Formerly Sec. 17-81h). Appointment of compact administrator. The Governor shall appoint a compact administrator in accordance with the terms of Article VII of section 17a-175.

(1967, P.A. 178, S. 9.)

History: Sec. 17-81h transferred to Sec. 17a-182 in 1991.

Secs. 17a-183 and 17a-184. Reserved for future use.

PART IV

RUNAWAYS

Sec. 17a-185. (Formerly Sec. 17-81i). Police transportation of certain minors to facility for care. Any officer of the state police or of an organized municipal police department may transport, with the sole written consent of the person transported, any person over sixteen years of age and less than eighteen years of age who appears to be away from home without permission of such person's parents or guardian or who appears to be suffering from lack of food, shelter or medical care to any public or private facility, provided institutions of the Department of Correction and local police detention facilities shall not be used for such purpose. The person or organization to whom such person is transported shall, if practicable, inform such person's parent or guardian of such person's whereabouts within twelve hours. Such procedure shall be civil in nature, shall not constitute an arrest and shall be made solely for the purpose of safeguarding the interests and welfare of such person.

(P.A. 73-92; P.A. 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 93-216, S. 6; P.A. 99-26, S. 22, 39; P.A. 18-31, S. 22.)

History: P.A. 77-614 and P.A. 78-303 made state police department a division within the department of public safety, effective January 1, 1979; Sec. 17-81i transferred to Sec. 17a-185 in 1991; P.A. 93-216 removed the reference to the Connecticut School for Boys; P.A. 99-26 replaced “Long Lane School” with “the Connecticut Juvenile Training School” and made technical changes for purposes of gender neutrality, effective upon the filing with the Governor and the General Assembly of written certification by the Commissioner of Children and Families that the new Connecticut Juvenile Training School is operational (Revisor's note: Said written certification was filed with the Senate and House Clerks on September 20, 2001, and with the Governor on September 21, 2001); P.A. 18-31 deleted reference to the Connecticut Juvenile Training School, effective July 1, 2018.

See Sec. 46b-151h re Interstate Compact for Juveniles.

Secs. 17a-186 to 17a-194. Reserved for future use.

PART V

CASEY CHILD WELFARE UNIT

Secs. 17a-195 to 17a-201. Casey Child Welfare Unit. Sections 17a-195 to 17a-201, inclusive, are repealed.

(P.A. 89-360, S. 1–7, 45; June Sp. Sess. P.A. 91-8, S. 62, 63.)

PART VI

GENERAL PROVISIONS

Sec. 17a-201a. (Formerly Sec. 17-408). Commitment under sixteen restricted. No court shall commit any child under sixteen years of age to any community correctional center or almshouse.

(1949 Rev., S. 2844; 1955, S. 1587d; 1961, P.A. 517, S. 55; 1969, P.A. 297.)

History: 1961 act deleted reference to commitment by trial justice, trial justices having been abolished; 1969 act substituted “community correctional center” for “jail”; Sec. 17-408 transferred to Sec. 17a-201a in 2011.

Annotation to former section 17-408:

Cited. 115 C. 596.

Sec. 17a-201b. (Formerly Sec. 17-409). Religious instruction. Section 17a-201b is repealed, effective July 1, 2018.

(1949 Rev., S. 2849; 1969, P.A. 664, S. 20; P.A. 93-91, S. 1, 2; P.A. 99-26, S. 16, 39; P.A. 18-31, S. 43.)

Secs. 17a-202 to 17a-209. Reserved for future use.