Sec. 17a-1. (Formerly Sec. 17-410). Definitions. As used in sections 17a-1 to 17a-26, inclusive, 17a-28 to 17a-49, inclusive, 17a-127 and 46b-120:
(1) "Commissioner" means the Commissioner of Children and Families;
(2) "Council" means the State Advisory Council on Children and Families;
(3) "Department" means the Department of Children and Families;
(4) "Child" means any person under sixteen years of age;
(5) "Youth" means any person sixteen to eighteen years of age;
(6) "Delinquent child" shall have the meaning ascribed thereto in section 46b-120;
(7) "Child or youth with mental illness" means a child or youth who is suffering from one or more mental disorders as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders";
(8) "Child or youth with emotional disturbance" means a child or youth who has a clinically significant emotional or behavioral disorder, as determined by a trained mental health professional, that disrupts the academic or developmental progress, family or interpersonal relationships of such child or youth or is associated with present distress or disability or a risk of suffering death, pain or disability;
(9) "Individual system of care plan" means a written plan developed by the Commissioner of Children and Families for a child or youth who is mentally ill, emotionally disturbed or seriously emotionally disturbed or who is at placement risk which shall be developed when such child or youth needs services from at least two public agencies and which shall be designed to meet the needs of the child or youth and his family;
(10) "Family" means a child or youth who is mentally ill, emotionally disturbed or seriously emotionally disturbed or who is at placement risk together with (A) one or more biological or adoptive parents, except for a biological parent whose parental rights have been terminated, (B) one or more persons to whom legal custody or guardianship has been given, or (C) one or more adult family members who have a primary responsibility for providing continuous care to such child or youth;
(11) "Child or youth at placement risk" means a mentally ill, emotionally disturbed or seriously emotionally disturbed child or youth who is at risk of placement out of his home or is in placement out of his home for the primary purpose of receiving mental health treatment;
(12) "Parent" means a biological or adoptive parent, except a biological parent whose parental rights have been terminated;
(13) "Guardian" means a person who has a judicially created relationship between a child and such person which is intended to be permanent and self-sustaining as evidenced by the transfer to such person of the following parental rights with respect to the child: (A) The obligation of care and control; (B) the authority to make major decisions affecting the child's welfare, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment; (C) the obligation of protection of the child; (D) the obligation to provide access to education; and (E) custody of the child; and
(14) "Serious emotional disturbance" and "seriously emotionally disturbed" means, with regard to a child or youth, that the child or youth (A) has a range of diagnosable mental, behavioral or emotional disorders of sufficient duration to meet diagnostic criteria specified in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders" and (B) exhibits behaviors that substantially interfere with or limit the child's or youth's ability to function in the family, school or community and are not a temporary response to a stressful situation.
(1969, P.A. 664, S. 3; 1971, P.A. 818, S. 1; 1972, P.A. 127, S. 32; P.A. 75-524, S. 1, 30; P.A. 93-91, S. 1, 2; P.A. 97- 272, S. 1; P.A. 98-241, S. 1, 18; June Sp. Sess. P.A. 00-2, S. 6, 53.)
History: 1971 act redefined "child" and "youth"; 1972 act again redefined "youth" to reflect changed age of majority; P.A. 75-524 specified "council" to be state advisory council; Sec. 17-410 transferred to Sec. 17a-1 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services and council on children and families for council on children and youth services, effective July 1, 1993 (Revisor's note: Reference in opening sentence to section "17a-51" was deleted editorially by the Revisors to reflect the repeal of that section by P.A. 93-216, S. 8); P.A. 97-272 replaced alphabetic Subdiv. indicators with numeric indicators and added definitions of "child or youth with mental illness", "child or youth with emotional disturbance", "individual system of care plan", "family", "child or youth at placement risk" and "parent"; P.A. 98-241 added Subdiv. (13) defining "guardian", effective July 1, 1998; June Sp. Sess. P.A. 00-2 added Subdiv. (14) defining "serious emotional disturbance" and "seriously emotionally disturbed", and amended Subdivs. (9), (10) and (11) to add "seriously emotionally disturbed" in reference to a child or youth, effective July 1, 2000.
Annotation to former section 17-410:
Cited. 158 C. 439.
Annotations to present section:
Cited. 25 CA 586, 590; judgment reversed, see 223 C. 492 et seq.
Subsec. (c):
Cited. 237 C. 272, 274. Cited. 238 C. 146. Cited. Id., 183.

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Sec. 17a-2. (Formerly Sec. 17-411). Composition of department. Name change. (a) There shall be a Department of Children and Families which shall be a single budgeted agency consisting of the institutions, facilities programs now existing within the department, any programs and facilities transferred to the department, and such other institutions, facilities and programs as may hereafter be established by or transferred to the department by the General Assembly.
(b) Said department shall constitute a successor department to the Department of Children and Youth Services, for the purposes of sections 2c-2b, 4-5, 4-38c, 4-60i, 4- 77a, 4-165b, 4a-11b, 4a-12, 4a-16, 5-259, 7-127c, 8-206d, 10-8a, 10-15d, 10-76d, 10- 76h, 10-76i, 10-76w, 10-76g, 10-94g, 10-253, 17-86a, 17-294, 17-409, 17-437, 17-572, 17-578, 17-579, 17-585, 17a-1 to 17a-89, inclusive, 17a-90 to 17a-209, inclusive, 17a- 218, 17a-277, 17a-450, 17a-458, 17a-463, 17a-474, 17a-560, 17a-511, 17a-634, 17a- 646, 17a-659, 18-69, 18-69a, 18-87, 19a-78, 19a-125, 19a-216, 20-14i, 20-14j, 31-23, 31-306a, 38a-514, 45a-591 to 45a-705, inclusive, 45a-706 to 45a-770, inclusive, 46a- 28, 46a-126, 46b-15 to 46b-19, inclusive, 46b-120 to 46b-159, inclusive, 54-56d, 54- 142k, 54-199, 54-203 and in accordance with the provisions of sections 4-38d and 4-39.
(c) Whenever the words "Commissioner of Children and Youth Services", "Department of Children and Youth Services", or "Council on Children and Youth Services" are used in sections 2c-2b, 4-5, 4-38c, 4-60i, 4-77a, 4-165b, 4a-11b, 4a-12, 4a-16, 5- 259, 7-127c, 8-206d, 10-8a, 10-15d, 10-76d, 10-76h, 10-76i, 10-76w, 10-94g, 10-253, 17-86a, 17-294, 17-409, 17-437, 17-572, 17-578, 17-579, 17-585, 17a-1 to 17a-89, inclusive, 17a-90 to 17a-209, inclusive, 17a-218, 17a-277, 17a-450, 17a-458, 17a-463, 17a-474, 17a-511, 17a-634, 17a-646, 17a-659, 18-69, 18-69a, 18-87, 19a-78, 19a-125, 19a-216, 20-14i, 20-14j, 31-23, 31-306a, 38a-514, 45a-591 to 45a-705, inclusive, 45a- 706 to 45a-770, inclusive, 46a-28, 46a-126, 46b-15 to 46b-19, inclusive, 46b-120 to 46b-159, inclusive, 54-56d, 54-142k, 54-199, 54-203, the words "Commissioner of Children and Families", "Department of Children and Families", and "Council on Children and Families" shall be substituted respectively in lieu thereof.
(1969, P.A. 664, S. 1; P.A. 75-524, S. 2, 30; P.A. 93-91, S. 1, 2.)
History: P.A. 75-524 replaced provision that department consists of Long Lane School, Connecticut School for Boys and other institutions, facilities, divisions, etc. "as the department shall hereafter establish" with provisions that institutions, etc. existing in, transferred to or established by department are within its jurisdiction; Sec. 17-411 transferred to Sec. 17a- 2 in 1991; P.A. 93-91 changed the name of the department of, and council on, children and youth services to the department of, and council on, children and families, effective July 1, 1993.
Subsec. (b):
Cited. 238 C. 183.

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Sec. 17a-3. (Formerly Sec. 17-412). Powers and duties of department. Master plan. The department shall plan, create, develop, operate or arrange for, administer and evaluate a comprehensive and integrated state-wide program of services, including preventive services, for children and youth whose behavior does not conform to the law or to acceptable community standards, or who are mentally ill, including deaf and hearing impaired children and youth who are mentally ill, emotionally disturbed, substance abusers, delinquent, abused, neglected or uncared for, including all children and youth who are or may be committed to it by any court, and all children and youth voluntarily admitted to the department for services of any kind. Services shall not be denied to any such child or youth solely because of other complicating or multiple disabilities. The department shall work in cooperation with other child-serving agencies and organizations to provide or arrange for preventive programs, including but not limited to teenage pregnancy and youth suicide prevention, for children and youth and their families. The program shall provide services and placements that are clinically indicated and appropriate to the needs of the child or youth. In furtherance of this purpose, the department shall: (a) Maintain Long Lane School* and other appropriate facilities exclusively for delinquents; (b) develop a comprehensive program for prevention of problems of children and youth and provide a flexible, innovative and effective program for the placement, care and treatment of children and youth committed by any court to the department, transferred to the department by other departments, or voluntarily admitted to the department; (c) provide appropriate services to families of children and youth as needed to achieve the purposes of sections 17a-1 to 17a-26, inclusive, 17a-28 to 17a-49, inclusive, and 17a-51; (d) establish incentive paid work programs for children and youth under the care of the department and the rates to be paid such children and youth for work done in such programs and may provide allowances to children and youth in his custody; (e) be responsible to collect, interpret and publish statistics relating to children and youth within the department; (f) conduct studies of any program, service or facility developed, operated, contracted for or supported by the department in order to evaluate its effectiveness; (g) establish staff development and other training and educational programs designed to improve the quality of departmental services and programs, provided no social worker trainee shall be assigned a case load prior to completing training, and may establish educational or training programs for children, youth, parents or other interested persons on any matter related to the promotion of the well-being of children, or the prevention of mental illness, emotional disturbance, delinquency and other disabilities in children and youth; (h) develop and implement aftercare and follow-up services appropriate to the needs of any child or youth under his care; (i) establish a case audit unit to monitor each region's compliance with regulations and procedures; (j) develop and maintain a database listing available community service programs funded by the department; (k) provide outreach and assistance to persons caring for children whose parents are unable to do so by informing such persons of programs and benefits for which they may be eligible; (l) collect data sufficient to identify the housing needs of children served by the department and share such data with the Department of Economic and Community Development; (m) prepare and submit biennially to the General Assembly a five-year master plan. The master plan shall include, but not be limited to: (1) The long-range goals and the current level of attainment of such goals of the department; (2) a detailed description of the types and amounts of services presently provided to the department's clients; (3) a detailed forecast of the service needs of current and projected target populations; (4) detailed cost projections for alternate means of meeting projected needs; (5) funding priorities for each of the five years included in the plan and specific plans indicating how the funds are to be used; (6) a written plan for the prevention of child abuse and neglect; (7) a comprehensive mental health plan for children and adolescents, including children with complicating or multiple disabilities; (8) a comprehensive plan for children and youth who are substance abusers, developed in conjunction with the Department of Mental Health and Addiction Services pursuant to the provisions of sections 19a-2a and 19a-7; and (9) an overall assessment of the adequacy of children's services in Connecticut. The plan shall be prepared within existing funds appropriated to the department; and (n) prepare a plan to keep children who are convicted as delinquent and will be committed to the Department of Children and Families and placed in the new** Connecticut Juvenile Training School in such facility for at least one year after their referral to the department, which plan shall include provisions for development of a comprehensive approach to juvenile rehabilitation.
(1969, P.A. 664, S. 2; P.A. 75-524, S. 3, 30; P.A. 79-165; P.A. 86-15; P.A. 89-191, S. 2; P.A. 91-268, S. 1; June Sp. Sess. P.A. 91-8, S. 55; P.A. 94-232, S. 1; P.A. 95-250, S. 1; 95-257, S. 5, 58; P.A. 96-211, S. 1, 5, 6; 96-238, S. 15, 25; P.A. 97-272, S. 6; P.A. 99-26, S. 11, 17, 39.)
*Note: 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, the words "Connecticut Juvenile Training School" shall be substituted for "Long Lane School".
**Note: Upon the happening of the conditions described in the above note, the word "new" shall be deleted.
History: P.A. 75-524 essentially rewrote section, clarifying and extending department's responsibilities; P.A. 79-165 added Subdiv. (i) re master plan; P.A. 86-15 required biennial, rather than annual, submission of master plan; P.A. 89-191 added youth suicide prevention as part of the prevention programs the department is required to provide or arrange for; Sec. 17-412 transferred to Sec. 17a-3 in 1991; P.A. 91-268 added provision in Subdiv. (g) prohibiting a social worker trainee from working on assigned cases until the completion of training, added new Subdivs. (i) establishing a case audit unit, and (j) requiring the development of a list of community service programs, and relettered the remaining Subdiv. accordingly; June Sp. Sess. P.A. 91-8 added new Subdivs. (k) re providing outreach and assistance regarding various programs and benefits to persons caring for the children of others, and (l) re collecting housing data to identify and provide housing assistance to children in need and relettered the previous Subdiv. (Revisor's note: The reference in Subdiv. (c) to Sec. 17a-51 was deleted editorially by the Revisors to reflect the repeal of that section by P.A. 93-216, S. 8); P.A. 94-232 added teenage pregnancy to requirement for preventive programs and added new Subdiv. (8) to require a comprehensive plan for substance abusers; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; P.A. 96-238 added reference to deaf and hearing impaired children and youth who are mentally ill and added children with complicating or multiple disabilities to Subdiv. (7), effective July 1, 1996 (Revisor's note: In Subdiv. (d) the Revisor's editorially replaced a comma with the word "and" before the words "the rates" in the phrase "... under the care of the department and the rates to be paid such ..."); P.A. 97-272 added provision requiring that programs provide services and placements that are clinically indicated and appropriate; P.A. 99-26 added Subsec. (n) to require the department to prepare a plan to keep delinquent children placed in the new Connecticut Juvenile Training School in such facility for at least one year, effective May 7, 1999, and amended Subsec. (a) to replace "Long Lane School" with "the Connecticut Juvenile Training School" and amended Subsec. (n) to delete "new" before "Connecticut Juvenile Training School", 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.
See Sec. 17a-453c re "Project Safe" interagency collaboration.
Annotation to former section 17-412:
Subsec. (b):
Cited. 171 C. 644, 651, 653.
Annotations to present section:
Cited. 41 CA 565, 566.
Cited. 44 CS 551.

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Sec. 17a-4. (Formerly Sec. 17-413). State Advisory Council on Children and Families. Appointment. Powers and duties. (a) There shall be a State Advisory Council on Children and Families which shall consist of fifteen members appointed by the Governor, including at least five persons who are child care professionals, one child psychiatrist licensed to practice medicine in this state and at least one attorney. The balance of the advisory council shall be representative of young persons, parents and others interested in the delivery of services to children and youth. Members of the council shall serve without compensation, except for necessary expenses incurred in the performance of their duties. No person shall serve for more than two consecutive terms. The commissioner shall be an ex-officio member of the council without vote and shall attend its meetings. Any member who fails to attend three consecutive meetings or fifty per cent of all meetings during any calendar year shall be deemed to have resigned. The council shall elect a chairperson and vice-chairperson to act in the chairperson's absence.
(b) The council shall meet quarterly, and more often upon the call of the chair or a majority of the members. A majority of the members in office, but not less than six members, shall constitute a quorum. The council shall have complete access to all records of the institutions and facilities of the department in furtherance of its duties, while at all times protecting the right of privacy of all individuals involved, as provided in section 17a-28.
(c) The duties of the council shall be to: (1) Recommend to the commissioner programs, legislation or other matters which will improve services for children and youth; (2) annually review and advise the commissioner regarding his proposed budget; (3) interpret to the community at large the policies, duties and programs of the department and (4) issue any reports it deems necessary to the Governor and the Commissioner of Children and Families.
(1969, P.A. 664, S. 4; 1971, P.A. 818, S. 2; P.A. 74-150, S. 2; P.A. 75-524, S. 4, 30; P.A. 79-45; P.A. 84-256, S. 12, 17; P.A. 93-91, S. 1, 2; P.A. 00-188, S. 1, 5.)
History: 1971 act established council as advisory body, increased membership from eleven to fourteen by adding three youth members as provided in act, required that meeting be called at request of five, rather than three members, and deleted provisions re required appearances and production of documents, re development of department policy and re board of review as no longer conforming with advisory status; P.A. 74-150 deleted requirement that at least one woman member be appointed; P.A. 75-524 increased membership to fifteen and required five to be child-care professionals, one to be attorney with remainder representative of young people, parents and other interested parties, specified that psychiatrist member be "child" psychiatrist, changed schedule of appointments, removed all agency heads, except commissioner of children and youth services, from ex-officio membership, limited terms, required monthly rather than quarterly meetings, allowed council access to records and expanded council's duties in new Subsec. (c); P.A. 79-45 changed age of youth members from between eighteen and twenty-five to between fifteen and twenty-two; P.A. 84-256 added attendance and quorum requirements for members and eliminated requirement of annual report to governor, required that meetings be held quarterly rather than monthly and deleted obsolete appointment provisions; Sec. 17-413 transferred to Sec. 17a-4 in 1991; P.A. 93-91 substituted commissioner and department of children and families and council on children and families for commissioner and department of children and youth services and council on children and youth services, effective July 1, 1993; P.A. 00-188 amended Subsec. (a) to delete requirement that at least three members between fifteen and twenty- two years of age be appointed and to make technical changes, effective July 1, 2000.
See title 2c re termination under "Sunset Law".

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Sec. 17a-4a. Children's Behavioral Health Advisory Committee. Membership. Reports. (a) There is established a Children's Behavioral Health Advisory Committee to the State Advisory Council on Children and Families which shall promote and enhance the provision of behavioral health services for all children in this state.
(b) The Children's Behavioral Health Advisory Committee shall be composed of the following members: (1) The Commissioner of Children and Families or the commissioner's designee; (2) the Commissioner of Social Services or the commissioner's designee; (3) the Executive Director of the Children's Health Council or said director's designee; (4) the Chief Court Administrator or said administrator's designee; (5) the Commissioner of Education or the commissioner's designee; (6) the Commissioner of Mental Health and Addiction Services or the commissioner's designee; (7) the Commissioner of Mental Retardation or the commissioner's designee; (8) two members appointed by the Governor, one member who shall be a parent of a child who receives behavioral health services and the other a provider of behavioral health services; (9) one member each shall be appointed by the president pro tempore of the Senate, the speaker of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the minority leader of the Senate and the minority leader of the House of Representatives, all of whom shall be knowledgeable on issues relative to children in need of behavioral health services and family supports; and (10) sixteen members appointed by the chairperson of the State Advisory Council on Children and Families. The membership of the advisory committee shall fairly and adequately represent parents of children who have a serious emotional disturbance. At least fifty per cent of the members of the advisory committee shall be persons who are parents or relatives of a child who has or had a serious emotional disturbance or persons who had a serious emotional disturbance as a child.
(c) All appointments to the advisory committee shall be made no later than sixty days after July 1, 2000. Any vacancy shall be filled by the appointing authority. Members shall serve two-year terms.
(d) The advisory committee shall elect two cochairpersons from among its members, one of whom shall be the parent of a child with a serious emotional disturbance. The advisory committee shall meet at least bimonthly. Members of the advisory committee shall serve without compensation.
(e) Not later than October first of each year, the advisory committee shall submit a status report on local systems of care and practice standards for state-funded behavioral health programs to the State Advisory Council on Children and Families.
(f) Not later than October first of each odd-numbered year, the advisory committee shall submit recommendations concerning the provision of behavioral health services for all children in the state to the State Advisory Council on Children and Families. The recommendations shall address, but shall not be limited to, the following: (1) The target population for children with behavioral health needs, and assessment and benefit options for children with such needs; (2) the appropriateness and quality of care for children with behavioral health needs; (3) the coordination of behavioral health services provided under the HUSKY Plan with services provided by other publicly-funded programs; (4) performance standards for preventive services, family supports and emergency service training programs; (5) assessments of community-based and residential care programs; (6) outcome measurements by reviewing provider practice; and (7) a medication protocol and standards for the monitoring of medication and after-care programs.
(P.A. 00-188, S. 2, 5.)
History: P.A. 00-188 effective July 1, 2000.

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Sec. 17a-5. (Formerly Sec. 17-414). Appointment of commissioner. In accordance with the provisions of sections 4-5 to 4-8, inclusive, the Governor shall, after consultation with the Council on Children and Families, appoint a Commissioner of Children and Families who shall be the administrative head of the department. He shall devote his full time to the duties of his office.
(1969, P.A. 664, S. 5; P.A. 93-91, S. 1, 2.)
History: Sec. 17-414 transferred to Sec. 17a-5 in 1991; P.A. 93-91 substituted commissioner and department of children and families and council on children and families for commissioner and department of children and youth services and council on children and youth services, effective July 1, 1993.

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Sec. 17a-6. (Formerly Sec. 17-415). Powers and duties of commissioner. The commissioner or his designee shall:
(a) Establish or contract for the use of a variety of facilities and services for identification, evaluation, discipline, rehabilitation, aftercare, treatment and care of children and youth in need of the department's services;
(b) Administer in a coordinated and integrated manner all institutions and facilities which are or may come under the jurisdiction of the department and may appoint advisory groups for any such institution or facility;
(c) Encourage the development of programs and the establishment of facilities for children and youth by public or private agencies and groups;
(d) Enter into cooperative arrangements with public or private agencies outside the state;
(e) Insure that all children under his supervision have adequate food, clothing, shelter and adequate medical, dental, psychiatric, psychological, social, religious and other services;
(f) Provide, in his discretion, needed service to any municipality, agency, or person, whether or not such person is committed to him;
(g) Adopt and enforce regulations and establish rules for the internal operation and administration of the department in accordance with chapter 54;
(h) Undertake, contract for or otherwise stimulate research concerning children and youth;
(i) Subject to the provisions of chapter 67, appoint such professional, technical and other personnel as may be necessary for the efficient operation of the department;
(j) Coordinate the activities of the department with those of other state departments, municipalities and private agencies concerned with providing services for children and youth and their families;
(k) Act as administrator of the Interstate Compact on Juveniles established by section 46b-151a, when so designated by the Governor in accordance with section 46b- 151c;
(l) Provide or arrange for the provision of suitable education for every child under his supervision, either in public schools, special educational programs, private schools, educational programs within the institutions or facilities under his jurisdiction, or work and training programs otherwise provided by law. The suitability of educational programs provided by the commissioner shall be subject to review by the Department of Education;
(m) Submit to the state advisory council for its comment proposals for new policies or programs and the proposed budget for the department;
(n) Have any and all other powers and duties as are necessary to administer the department and implement the purposes of sections 17a-1 to 17a-26, inclusive, and 17a- 28 to 17a-49, inclusive; and
(o) Conduct and render a final decision in administrative hearings.
(1969, P.A. 664, S. 6; 1971, P.A. 818, S. 3, 4; 1972, P.A. 107, S. 1; P.A. 73-49, S. 1, 3; P.A. 75-524, S. 5, 30; P.A. 93-54.)
History: 1971 act deleted references to consultation with council in Subsec. (b) and to policies formulated by council in Subsec. (e), reflecting council's change to advisory status; 1972 act inserted new Subsec. (q) re vocational parole and redesignated former Subsec. (q) as Subsec. (r); P.A. 73-49 rephrased Subsec. (q) and stated that limitations on employment of those under sixteen do not apply; P.A. 75-524 replaced previous provisions and included commissioner's designee; Sec. 17-415 transferred to Sec. 17a-6 in 1991; P.A. 93-54 added Subdiv. (o) authorizing commissioner to conduct administrative hearings and render final decisions; the reference in Subdiv. (n) to Sec. 17a-51 was deleted editorially by the Revisors to reflect the repeal of that section by P.A. 93-216, S. 8.
See Secs. 20-14h to 20-14j, inclusive, re administration of medication in day and residential programs and facilities.
Annotations to former section 17-415:
Cited. 171 C. 644, 653. Cited. Id., 652.

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Sec. 17a-7. (Formerly Sec. 17-415a). Parole of delinquent child in commissioner's custody. Except as otherwise limited by subsection (i) of section 46b-140 and subsection (a) of section 46b-141, the Commissioner of Children and Families or his designee may, when deemed in the best interests of a child committed to the custody of the commissioner as delinquent by the Superior Court, place such child on parole under such terms or conditions as the commissioner or his designee deem to be in the best interests of such child. When in the opinion of the commissioner or his designee it is no longer in the best interest of such child to remain on parole such child may be returned to any institution, resource or facility administered by or available to the Department of Children and Families.
(P.A. 74-268, S. 1, 3; P.A. 75-524, S. 11, 30; P.A. 78-280, S. 28, 127; P.A. 79-581, S. 8; P.A. 93-91, S. 1, 2; June Sp. Sess. P.A. 98-1, S. 78, 121.)
History: P.A. 75-524 replaced "person" with "child or youth"; P.A. 78-280 deleted references to youths and replaced juvenile court with superior court; P.A. 79-581 placed limitation on provisions re Secs. 51-321 and 51-322(a); Sec. 17- 415a transferred to Sec. 17a-7 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; June Sp. Sess. P.A. 98-1 made a technical change, effective June 24, 1998.

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Sec. 17a-7a. Standard leave and release policies for delinquent children committed to department. The Commissioner of Children and Families shall adopt regulations, in accordance with chapter 54, setting standard leave and release policies for juvenile delinquents committed to the Department of Children and Families and assigned to state facilities and private residential programs. Such regulations shall provide that juvenile delinquents shall not be eligible for leave without an initial sixty-day evaluation of fitness and security risk, including a trial leave not exceeding one day. Such regulations shall provide that juvenile delinquents shall not be eligible for any leave or release without (1) an evaluation of fitness and security risk, (2) the assignment of supervision and clear identification of custody of a parent, legal guardian or other responsible adult, (3) confidential notification of local police for a leave or release granted to a serious juvenile offender, and (4) a determination of eligibility immediately prior to granting the leave or release of a delinquent.
(P.A. 97-130.)

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Sec. 17a-8. (Formerly Sec. 17-415b). Custody of children and youth committed as delinquent to commissioner; term, escape, parole, recapture. Vocational parole. (a) All children and youth who are or have been committed to the custody of the Commissioner of Children and Families as delinquent shall remain in such custody until such custody expires or terminates as provided by the order of the Superior Court. Any child or youth who while placed in an institution administered by the Department of Children and Families escapes from such institution or any child or youth who violates the terms or conditions of parole may be returned to actual custody. The request of the Commissioner of Children and Families or his designee shall be sufficient warrant to authorize any officer of the Department of Children and Families or any officer authorized by law to serve criminal process within this state to return any such child or youth into actual custody; and any such officer, police officer or constable shall arrest and hold any such child or youth when so requested, without written warrant.
(b) If the commissioner finds that a child or youth committed to his custody as delinquent who is fourteen years of age or older cannot benefit from continued school attendance and if he further finds that such person may benefit from part or full-time employment at some useful occupation, the commissioner may place him on vocational parole, under the supervision of an employee of the department. For the purposes of this section, the limitations of subsection (a) of section 31-23, on the employment of minors under the age of sixteen years, shall not apply for the duration of such vocational parole.
(P.A. 74-268, S. 2, 3; P.A. 75-524, S. 12, 30; P.A. 76-436, S. 588, 681; P.A. 93-91, S. 1, 2; P.A. 00-99, S. 53, 154.)
History: P.A. 75-524 replaced "person(s)" with "child(ren) or youth" and added Subsec. (b) re vocational parole; P.A. 76-436 replaced juvenile court with superior court, effective July 1, 1978; Sec. 17-415b transferred to Sec. 17a-8 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. 00-99 deleted reference to sheriff in Subsec. (a), effective December 1, 2000.
See Sec. 31-23 re prohibition against employment of minors in certain occupations.

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Sec. 17a-8a. Authorized leave for delinquent child committed to department. The Commissioner of Children and Families may authorize leave for a child convicted as delinquent committed to the Department of Children and Families and assigned to a state facility or private residential program, provided there is a reasonable belief, based on the totality of the information in the possession of the commissioner, that such child will honor the commissioner's trust and is eligible for leave under standards adopted pursuant to 17a-7a. If any such child who is granted leave under this section fails to return to such facility or program, such child shall be guilty of escape from custody pursuant to section 53a-171. The superintendent or director shall disclose any records created or obtained by the facility or program regarding such child and necessary to facilitate the apprehension and the return of the child to the custody of the commissioner.
(P.A. 98-70, S. 4; P.A. 00-209, S. 1.)
History: P.A. 00-209 added provision that a child who fails to return from an authorized leave "shall be guilty of escape from custody pursuant to section 53a-171", required the disclosure of records "necessary to facilitate the apprehension and return of the child to the custody of the commissioner", deleted provision that limited the disclosure "to the appropriate law enforcement agency" and made a technical change.

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Sec. 17a-9. (Formerly Sec. 17-417). Appointment of deputy commissioners, directors and administrative heads. (a) The commissioner shall appoint, after consultation with the state advisory council, and may remove in a like manner, two deputy commissioners who shall be in the unclassified service. The deputy commissioner for program services shall be a clinically competent professional person experienced in one or more fields of children's services and in the administration of such services, and shall be responsible for the supervision of all clinical treatment and program services of the department. The deputy commissioner of administrative services shall have experience in business or institutional administration and shall be responsible for the organizational and general administrative services of the department.
(b) The commissioner shall appoint, after consultation with the state advisory council, and may remove in a like manner, six regional administrators who shall be in the unclassified service. Each regional administrator shall have skill and experience in the field of children's services and in the administration of such services. Each regional administrator shall be subject to the direction of the commissioner and shall be responsible for the operation and administration of services provided or funded by the department in the regions created by the commissioner pursuant to subsection (a) of section 17a-30.
(c) The commissioner shall appoint, in accordance with chapter 67, after consultation with the state advisory council, and may remove in like manner, such directors as he deems necessary, provided any director's title or duties may be changed as the commissioner deems necessary after consultation with the state advisory council.
(d) The commissioner shall, in accordance with chapter 67 and after consultation with the state advisory council, appoint the administrative heads of all of the institutions and facilities transferred to the department and such other institutions and facilities as now are or hereafter may be established by or transferred to the department. Such administrative heads shall have skill and experience in the administration of children's services and shall manage their institutions and facilities in accordance with the regulations and orders of the commissioner.
(1969, P.A. 664, S. 8; P.A. 75-400, S. 1, 2; 75-524, S. 6, 30; P.A. 79-104; P.A. 87-518, S. 2, 5; P.A. 93-216, S. 1; P.A. 95-339, S. 7, 8.)
History: P.A. 75-400 included two assistant superintendents; P.A. 75-524 specified council's advisory status, increased number of deputy commissioners to two and specified their qualifications and duties, and replaced previous provisions re appointments of division and institution heads with new Subsecs. (b) and (c); P.A. 79-104 amended Subsec. (b) to allow change in director's duties or titles after consultation with council; P.A. 87-518 inserted new Subsec. (b), authorizing appointment of six regional directors, and two assistant directors for each regional director, and relettered remaining subsections accordingly; Sec. 17-417 transferred to Sec. 17a-9 in 1991; P.A. 93-216 amended Subsec. (a) to increase number of deputy commissioners from two to three by separating support services as separate position, amended Subsec. (b) to replace directors with administrators and to delete provisions re assistant regional directors and amended Subsec. (c) to delete provisions requiring appointment of persons to fill specified directorships; P.A. 95-339 amended Subsec. (a) to reduce the number of deputy commissioners from three to two and to delete language describing the experience required for and the responsibilities of the eliminated position of deputy commissioner for support services, effective July 1, 1995.

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Sec. 17a-10. (Formerly Sec. 17-418). Custody of committed children. Support and health services. Extension or termination of commitment. (a) Any child committed to the department by the Superior Court shall be deemed to be within the custody of the commissioner until such commitment has been terminated.
(b) The commissioner shall pay for the support and maintenance of any delinquent child who is in residence in any of the department's institutions or facilities or in transit from one institution or facility to another. The commissioner, in his sole discretion, may, if he has sufficient funds, pay for the support and maintenance of any other child or youth who is in his custody. If a child is in the custody of the commissioner and also committed to the Commissioner of Social Services, the Commissioner of Social Services shall pay for his support and maintenance when he is living elsewhere than in an institution or facility of the Department of Children and Families, unless there is other provision for his support. Nothing in this section shall exempt any person from liability of support of children or youth under the supervision of the commissioner, when otherwise provided by law.
(c) When deemed in the best interests of a child in the custody of the commissioner, the commissioner, his designee, a superintendent or assistant superintendent or, when the child is in transit between department facilities, a designee of the commissioner, may authorize, on the advice of a physician licensed to practice in the state, medical treatment, including surgery, to insure the continued good health or life of the child. Any of said persons may, when he deems it in the best interests of the child, authorize, on the advice of a dentist licensed to practice in the state, dentistry, including dental surgery, to insure the continued good health of the child. Upon such authorization, the commissioner shall exercise due diligence to inform the parents or guardian prior to taking such action, and in all cases shall send notice to the parents or guardian by letter to their last-known address informing them of the actions taken, of their necessity and of the outcome, but in a case where the commissioner fails to notify, such failure will not affect the validity of the authorization.
(d) If the Superior Court requests a report on any committed child, the commissioner shall be responsible for preparing and transmitting such report to the requesting court. Not more than sixty days nor less than thirty days prior to the expiration of the original commitment of any child to the department, the commissioner may petition the court for an extension of commitment pursuant to the provisions of section 46b-141. If the commissioner, or the board of review pursuant to the provisions of section 17a-15, at any time during the commitment of any child, determines that termination of commitment of a child is in the best interest of such child, the commissioner or the board may terminate the commitment and such termination shall be effective without further action by the court.
(1969, P.A. 664, S. 11; 1971, P.A. 295, S. 1; P.A. 75-420, S. 4, 6; P.A. 75-524, S. 7, 30; P.A. 76-436, S. 593, 681; P.A. 77-614, S. 521, 610; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87.)
History: 1971 act made previous provisions Subsecs. (a) and (d) and inserted new Subsecs. (b) and (c) re payments for support and maintenance and re health supervision; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 75-524 specified payments in Subsec. (b) to pertain to "delinquent" child, allowed payments if funds sufficient for other children "or youth" in commissioner's custody and specified that provisions do not exempt liable persons from their responsibility; P.A. 76-436 replaced juvenile court with superior court, effective July 1, 1978; P.A. 77- 614 replaced commissioner of social services with commissioner of human resources, effective January 1, 1979; Sec. 17- 418 transferred to Sec. 17a-10 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 human resources, effective July 1, 1993.
See Sec. 18-87 re transfer of correctional institution inmate to custody of Department of Children and Families.
Annotation to former section 17-418:
Subsec. (a):
Cited. 171 C. 644, 651.
Annotations to present section:
Cited. 40 CA 366, 373.

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Sec. 17a-11. (Formerly Sec. 17-419). Voluntary admissions. Termination of admission. Case service plan. Transfers. Regulations. Appeals. (a) The commissioner may, in his discretion, admit to the department on a voluntary basis any child or youth who, in his opinion, could benefit from any of the services offered or administered by, or under contract with, or otherwise available to, the department. Application for voluntary admission shall be made in writing by the parent or guardian of a child under fourteen years of age or by such person himself if he is a child fourteen years of age or older or a youth.
(b) A child or youth voluntarily admitted to the department shall be deemed to be within the care of the commissioner until such admission is terminated. The commissioner shall terminate the admission of any child or youth voluntarily admitted to the department within ten days after receipt of a written request for termination from a parent or guardian of any child under fourteen or from a child if fourteen years of age or over, or youth, unless prior to the expiration of that time the commissioner has sought and received from the Superior Court an order of temporary custody as provided by law. The commissioner may terminate the admission of any child or youth voluntarily admitted to the department after giving reasonable notice in writing to the parent or guardian of any child under fourteen years of age and to a child over fourteen, and to any youth. Any child or youth admitted voluntarily to the department may be placed in, or transferred to, any resource, facility or institution within the department or available to the commissioner except Long Lane School*, provided the commissioner shall give written notice to such child or youth and to the parent or guardian of the child of his intention to make a transfer at least ten days prior to any actual transfer, unless written notice is waived by those entitled to receive it, or unless an emergency commitment of such child is made pursuant to section 17a-502.
(c) Not more than one hundred twenty days after admitting a child or youth on a voluntary basis, the department shall petition the probate court for the district in which a parent or guardian of the child or youth resides for a determination as to whether continuation in care is in the child's best interest and, if so, whether there is an appropriate case service plan. Upon receipt of such application, the court shall set a time and place for hearing to be held within thirty days of receipt of the application, unless continued by the court for cause shown. The court shall order notice of the hearing to be given by regular mail at least five days prior to the hearing to the Commissioner of Children and Families, and by certified mail, return receipt requested, at least five days prior to the hearing to the parents or guardian of the child and the minor, if over twelve years of age. If the whereabouts of the parent or guardian are unknown, or if delivery cannot reasonably be effected, then notice shall be ordered to be given by publication. In making its determination the court shall consider the items specified in subsection (d) of this section. The court shall possess continuing jurisdiction in proceedings under this section and shall conduct a further dispositional hearing whenever it deems necessary or desirable, but at least every twelve months.
(d) Not more than twelve months after a child or youth is admitted to the department on a voluntary basis, the commissioner shall file a motion in the probate court requesting a dispositional hearing on the status of the child or youth. Upon receipt of such motion, the court shall set a time and place for hearing to be held within thirty days of receipt of the motion, unless continued by the court for cause shown. The court shall order notice of the hearing to be given in accordance with subsection (c) of this section. At the dispositional hearing, all parties shall be heard and oral or written reports, containing recommendations as to the best interests of the child or youth may be presented. In determining its order of disposition, the court shall consider among other things: (1) The appropriateness of the department's plan for service to the child or youth and his family; (2) the treatment and support services that have been offered and provided to the child or youth to strengthen and reunite the family; (3) if return home is not likely for the child or youth, the efforts that have been made or should be made to evaluate and plan for other modes of care; and (4) any further efforts which have been or will be made to promote the best interests of the child or youth. At the conclusion of the hearing, the court shall, in accordance with the best interests of the child or youth, enter an appropriate order of disposition. The order may: (A) Direct that the services being provided, or the placement of the child or youth and reunification efforts, be continued if the court, after hearing, determines that continuation of the child or youth in services or placement is in the child or youth's best interests or (B) direct that the child or youth's services or placement be modified to reflect the child or youth's best interest.
(e) The commissioner shall adopt regulations in accordance with chapter 54 describing the documentation required for voluntary admission and for informal administrative case review, upon request, of any denial of an application for voluntary admission.
(f) Any person aggrieved by a decision of the commissioner denying voluntary services may appeal such decision through an administrative hearing held pursuant to chapter 54.
(g) Notwithstanding any provision of sections 17a-1 to 17a-26, inclusive, and 17a- 28 to 17a-49, inclusive, to the contrary, any person already under the care and supervision of the Commissioner of Children and Families who has passed his eighteenth birthday but has not yet reached his twenty-first birthday, may be permitted to remain voluntarily under the supervision of the commissioner, provided said commissioner, in his discretion determines that such person would benefit from further care and support from the Department of Children and Families.
(h) Upon motion of any interested party in a Probate Court proceeding under this section, the probate court of record may transfer the file for cause shown to a probate court for a district other than the district in which the initial or dispositional hearing was held. The file shall be transferred by the Probate Court of record making copies of all recorded documents in the court file, certifying each of them, and delivering the certified copies to the probate court to which the matter is transferred.
(1969, P.A. 664, S. 12; 1971, P.A. 265; P.A. 73-69, S. 1, 2; P.A. 75-524, S. 8, 30; P.A. 77-604, S. 13, 84; P.A. 78-238; 78-280, S. 29, 127; P.A. 93-91, S. 1, 2; P.A. 97-272, S. 5; P.A. 98-52, S. 9; P.A. 99-26, S. 18, 39; P.A. 00-76, S. 3.)
*Note: 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, the words "Connecticut Juvenile Training School" shall be substituted for "Long Lane School".
History: 1971 act specified admission in residential facilities, provided that community services may be offered to those not committed or voluntarily admitted and allowed person fourteen or older to apply himself, deleting reference to his "consent in writing"; P.A. 73-69 included admission to facilities "under contract with, or otherwise available to" department; P.A. 75-524 divided section into subsections, deleted provision re community services, clarified who is to make application, deleted provision re two-year limit and extension of admission, clarified termination procedure for those voluntarily admitted, added proviso re notice of intent to transfer voluntarily admitted child or youth and added Subsec. (c); P.A. 77-604 made technical correction; P.A. 78-238 added Subsec. (d); P.A. 78-280 replaced juvenile court with superior court in Subsec. (b); Sec. 17-419 transferred to Sec. 17a-11 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 (Revisor's note: The words "the department of" in the phrase "commissioner of the department of children and youth services" were deleted editorially by the Revisors to conform with customary statutory usage and the reference in Subsec. (d) to Sec. 17a-51 was deleted editorially by the Revisors to reflect the repeal of that section by P.A. 93-216, S. 8); P.A. 97-272 inserted new Subsecs. (c) re petition to Probate Court for determination if care is in child's best interest, (d) re dispositional hearing on status of child and (f) re appeal, made technical changes and relettered the section accordingly; P.A. 98-52 amended Subsec. (c) adding "for the district in which a parent or guardian of the child or youth resides", and providing that notice to Commissioner of Children and Families be by regular mail and by certified mail, return receipt requested, to parents or guardian, amended Subsec. (d) adding "for the district in which a parent or guardian of child or youth resides" and added Subsec. (h) re transfer of file for cause shown to other probate court; P.A. 99-26 amended Subsec. (b) to replace "Long Lane School" with "the Connecticut Juvenile Training School", 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; P.A. 00-76 moved provision re continuing jurisdiction of the court and requiring dispositional hearing at least every twelve months from Subsec. (d) to Subsec. (c), and in Subsec. (d) deleted "for the district in which a parent or guardian of the child or youth resides" re where the commissioner files motion requesting dispositional hearing in Probate Court.

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Sec. 17a-12. (Formerly Sec. 17-420). *(See end of section for amended version and effective date.) Transfer to other agencies or institutions. (a) When the commissioner, or his designee, determines that a change of program is in the best interest of any child or youth committed or transferred to the department, he, or his designee, may transfer such person to any appropriate resource or program administered by or available to the department, to any other state department or agency, or to any private agency or organization within or without the state under contract with the department; provided no child or youth voluntarily admitted to the department under section 17a-11 shall be placed or subsequently transferred to Long Lane School; and further provided no transfer shall be made to any institution, hospital or facility under the jurisdiction of the Department of Correction, except as authorized by section 18-87, unless it is so ordered by the Superior Court after a hearing. When, in the opinion of the commissioner, or his designee, a person fourteen years of age or older is dangerous to himself or others or cannot be safely held at Long Lane School, or any other facility within the state available to the Commissioner of Children and Families, the commissioner, or his designee may request an immediate hearing before the Superior Court on the docket for juvenile matters where such person was originally committed to determine whether such person shall be transferred to the John R. Manson Youth Institution, Cheshire, if a male, or the Connecticut Correctional Institution, Niantic, if a female. The court shall, within three days of the hearing, make such determination. If the court orders such transfer, the transfer shall be reviewed by the court every six months thereafter to determine whether it should be continued or terminated, unless the commissioner has already exercised the powers granted to him under section 17a-13 by removing such person from the John R. Manson Youth Institution, Cheshire or the Connecticut Correctional Institution, Niantic.
(b) Unless ordered by the Superior Court at the time of commitment, no child or youth committed to the commissioner shall be placed in or transferred to a state-operated residential mental health facility under the jurisdiction of the commissioner without a hearing before the commissioner or his designee. Such hearing shall be conducted in accordance with the provisions of chapter 54.
(c) Notwithstanding the provisions of subsection (b) of this section, (1) any delinquent child may be placed at any time in Long Lane School, and (2) the commissioner may transfer any child or youth committed to him to any institution, hospital or facility for mentally ill children under his jurisdiction for a period not to exceed fifteen days if the need for such emergency treatment is certified by a psychiatrist licensed to practice medicine by the state.
(1969, P.A. 664, S. 14; 1971, P.A. 13, S. 1; 1972, P.A. 111, S. 1; P.A. 73-552; P.A. 75-228; 75-524, S. 9, 30; 75-567, S. 79, 80; P.A. 76-436, S. 594, 681; P.A. 78-300, S. 1; P.A. 86-186, S. 8; P.A. 93-91, S. 1, 2; 93-216, S. 2.)

*Note: 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, this section, as amended by section 19 of public act 99- 26, is to read as follows:
"Sec. 17a-12. (Formerly Sec. 17-420). Transfer of child or youth to other program, agency, organization or facility. (a) When the commissioner, or the commissioner's designee, determines that a change of program is in the best interest of any child or youth committed or transferred to the department, the commissioner or the commissioner's designee, may transfer such person to any appropriate resource or program administered by or available to the department, to any other state department or agency, or to any private agency or organization within or without the state under contract with the department; provided no child or youth voluntarily admitted to the department under section 17a-11 shall be placed or subsequently transferred to the Connecticut Juvenile Training School; and further provided no transfer shall be made to any institution, hospital or facility under the jurisdiction of the Department of Correction, except as authorized by section 18-87, unless it is so ordered by the Superior Court after a hearing. When, in the opinion of the commissioner, or the commissioner's designee, a person fourteen years of age or older is dangerous to himself or herself or others or cannot be safely held at the Connecticut Juvenile Training School, or any other facility within the state available to the Commissioner of Children and Families, the commissioner, or the commissioner's designee, may request an immediate hearing before the Superior Court on the docket for juvenile matters where such person was originally committed to determine whether such person shall be transferred to the John R. Manson Youth Institution, Cheshire, if a male, or the Connecticut Correctional Institution, Niantic, if a female. The court shall, within three days of the hearing, make such determination. If the court orders such transfer, the transfer shall be reviewed by the court every six months thereafter to determine whether it should be continued or terminated, unless the commissioner has already exercised the powers granted to the commissioner under section 17a-13 by removing such person from the John R. Manson Youth Institution, Cheshire or the Connecticut Correctional Institution, Niantic.
(b) Unless ordered by the Superior Court at the time of commitment, no child or youth committed to the commissioner shall be placed in or transferred to a state-operated residential mental health facility under the jurisdiction of the commissioner without a hearing before the commissioner or the commissioner's designee. Such hearing shall be conducted in accordance with the provisions of chapter 54.
(c) Notwithstanding the provisions of subsection (b) of this section, (1) any delinquent child may be placed at any time in the Connecticut Juvenile Training School, and (2) the commissioner may transfer any child or youth committed to the commissioner to any institution, hospital or facility for mentally ill children under the commissioner's jurisdiction for a period not to exceed fifteen days if the need for such emergency treatment is certified by a psychiatrist licensed to practice medicine by the state."
(1969, P.A. 664, S. 14; 1971, P.A. 13, S. 1; 1972, P.A. 111, S. 1; P.A. 73-552; P.A. 75-228; 75-524, S. 9, 30; 75-567, S. 79, 80; P.A. 76-436, S. 594, 681; P.A. 78-300, S. 1; P.A. 86-186, S. 8; P.A. 93-91, S. 1, 2; 93-216, S. 2; P.A. 99-26, S. 19, 39.)
History: 1971 act added provisions re transfers from Connecticut School for Boys to Cheshire correctional institution of males fifteen or older deemed dangerous to self or others; 1972 act allowed commissioner's designee to act under section; P.A. 73-552 included transfers of females deemed dangerous to self or others and reduced age minimum for transferees to fourteen; P.A. 75-228 added reference to facilities other than Connecticut School for Boys and Long Lane School; P.A. 75-524 replaced "person" with "child or youth", deleted references to transfers to facilities under department of mental health in previous provisions and added Subsec. (b) regulating such transfers; P.A. 75-567 allowed commissioner's designee to act under section provisions; P.A. 76-436 replaced "court of appropriate jurisdiction" with "superior court" and "juvenile court" with "superior court on the docket for juvenile matters", effective July 1, 1979; P.A. 78-300 made technical correction; P.A. 86-186 changed the name of the Connecticut Correctional Institution, Cheshire to the John R. Manson Youth Institution, Cheshire; Sec. 17-420 transferred to Sec. 17a-12 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 (Revisor's note: The words "the department of" in the phrase "commissioner of the department of children and youth services" were deleted editorially by the Revisors to conform with customary statutory usage); P.A. 93-216 deleted references to the Connecticut School for Boys throughout section; P.A. 99-26 replaced references to "Long Lane School" with "the Connecticut Juvenile Training School" where appearing 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.
Annotation to former section 17-420:
Cited. 171 C. 644, 651.
Annotations to present section:
Subsec. (c):
Subdiv. (1) cited. 43 CA 613.

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Sec. 17a-13. (Formerly Sec. 17-420a). Jurisdiction over person transferred to correctional facility at Cheshire or Niantic. Any person committed to the Department of Children and Families who is transferred to the John R. Manson Youth Institution, Cheshire, or the Connecticut Correctional Institution, Niantic, pursuant to section 17a- 12 shall be deemed, while so transferred, to be under the jurisdiction of the Department of Correction except that the Commissioner of Children and Families shall retain his powers to remove such person and to place him in another facility or in the community or to terminate the commitment.
(1971, P.A. 13, S. 2; P.A. 78-300, S. 2; P.A. 86-186, S. 9; P.A. 93-91, S. 1, 2.)
History: P.A. 78-300 added reference to transfers to Niantic Correctional Institution; P.A. 86-186 changed the name of the Connecticut Correctional Institution, Cheshire to the John R. Manson Youth Institution, Cheshire; Sec. 17-420a transferred to Sec. 17a-13 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; (Revisor's note: In 1997 the phrase "Commissioner of the Department of Children and Families" was replaced editorially by the Revisors with "Commissioner of Children and Families" for consistency with customary statutory usage).

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Sec. 17a-14. (Formerly Sec. 17-420b). Completion of special education programs permitted. Payment by Commissioner of Mental Health and Addiction Services. Each child or youth in the custody of the Commissioner of Children and Families due to behavioral problems, and served by an approved residential treatment facility with special education programs, may continue in such facility beyond eighteen years of age until his program is completed. The Commissioner of Mental Health and Addiction Services shall be responsible for the payment of board and care costs for any child or youth who remains in an approved residential treatment facility with special education programs beyond eighteen years of age pursuant to this section provided such child or youth meets the eligibility requirements established by the commissioner.
(P.A. 85-389; P.A. 93-91, S. 1, 2; P.A. 95-257, S. 11, 58; P.A. 98-250, S. 11, 39.)
History: Sec. 17-420b transferred to Sec. 17a-14 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- 257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; P.A. 98-250 added proviso that each child or youth meet commissioner- established eligibility requirements, effective July 1, 1998.

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Sec. 17a-15. (Formerly Sec. 17-421). Development of treatment and permanent placement plan. Review of plan. Modifications. Application for review. Hearing. Procedure. (a) The commissioner shall prepare and maintain a written plan for care, treatment and permanent placement of every child and youth under his supervision, which shall include but not be limited to a diagnosis of the problems of each child or youth, the proposed plan of treatment services and temporary placement and a goal for permanent placement of the child or youth, which may include reunification with the parent, long-term foster care, independent living, transfer of guardianship or adoption. The child's or youth's health and safety shall be the paramount concern in formulating the plan.
(b) The commissioner shall at least every six months, review the plan of each child and youth under his supervision for the purpose of determining whether such plan is appropriate and make any appropriate modifications to such plan.
(c) Any child or youth or his parent or guardian aggrieved by any provision of a plan prepared under subsection (a) of this section, or by the commissioner's decision upon review under subsection (b) of this section, or any child or youth or his parent or guardian aggrieved by a refusal of any other service from the commissioner to which he is entitled, shall be provided a hearing within thirty days following a written request for the same directed to the commissioner.
(d) Any hearing held pursuant to a request made under subsection (c) of this section shall be conducted as a contested case in accordance with chapter 54 provided: (1) A final decision shall be rendered within fifteen days following the close of evidence and filing of briefs; and (2) any appeal of a decision pursuant to section 4-183 shall be to the district of the superior court for juvenile matters, where the child is located, as established in section 46b-142.
(1969, P.A. 664, S. 15; 1971, P.A. 818, S. 6; 1972, P.A. 110, S. 1; P.A. 75-524, S. 10, 30; P.A. 79-567, S. 5, 7; P.A. 80-401, S. 4; P.A. 98-241, S. 2, 18.)
History: 1971 act replaced "council", i.e. council on children and youth services, with "commissioner", i.e. commissioner of children and youth services, reflecting council's switch to advisory status; 1972 act extended review power in Subsec. (a) to commissioner's designee; P.A. 75-524 replaced previous provisions concerning review procedure for placements with new provisions re individual plans for care and treatment of each child or youth and review procedure for plans; P.A. 79-567 replaced hearing provisions in Subsec. (d) with restated provisions; P.A. 80-401 changed effective date of 1979 change from July 1, 1980, to July 1, 1981; Sec. 17-421 transferred to Sec. 17a-15 in 1991; P.A. 98-241 amended Subsec. (a) by adding requirement of written plan for permanent placement and adding provision re goal of permanent placement and amended Subsec. (b) re appropriate modifications to plan, effective July 1, 1998.
Trial court's dismissal of plaintiff's administrative appeal as moot upheld where filing of termination petitions by Dept. of Children and Families eliminated the possibility that plaintiff could obtain the relief sought in an administrative hearing requested under this section. 49 CA 706.
Subsec. (a):
Treatment plan is limited to preparation of a written plan for care and treatment of every child and youth under the Commissioner of Children and Families' supervision. 49 CA 706.
Subsec. (c):
Hearing must necessarily be limited to the plan required by Subsec. (a) for the care and treatment of children and youth under supervision of the Dept. of Children and Families and is heard by an administrative hearing officer in the department. 49 CA 706.

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Sec. 17a-16. (Formerly Sec. 17-440). Rights of children and youths under the supervision of the Commissioner of Children and Families. (a) No child or youth placed or treated under the direction of the Commissioner of Children and Families in any public or private facility shall be deprived of any personal, property or civil rights, except in accordance with due process of law.
(b) Each child or youth placed or treated under the direction of the Commissioner of Children and Families in any public or private facility shall receive humane and dignified treatment at all times, with full respect for his personal dignity and right to privacy, consistent with his treatment plan as determined by the commissioner.
(c) (1) Each child and youth shall be permitted to communicate with any individual, group or agency, consistent with his treatment objectives as determined by the Commissioner of Children and Families.
(2) Each public or private facility under the direction of the Commissioner of Children and Families shall furnish writing materials and postage to any child or youth desiring them.
(3) A child or youth shall be permitted to make or receive telephone calls to or from his attorneys at any reasonable time. Public telephones shall be made available in appropriate locations.
(d) (1) The Commissioner of Children and Families shall adopt regulations, in accordance with chapter 54, with respect to each facility or institution under his jurisdiction, to specify the following: (A) When a child or youth may be placed in restraint or seclusion or when force may be used upon a child or youth; (B) when the head of a facility may limit the use or receipt of mail by any child or youth and a procedure for return of unopened mail and (C) when the head of a facility may restrict the use of a telephone by any child or youth.
(2) A copy of any order placing a child or youth in restraint or seclusion in accordance with the regulations adopted in subdivision (1) of this subsection shall be made a part of the child's or youth's permanent clinical record. Any special restriction on the use or receipt of mail or telephone calls made in accordance with the regulations adopted in subdivision (1) of this subsection, shall be noted in writing, signed by the head of the facility, and made a part of the child's or youth's permanent clinical record.
(e) (1) Each child or youth shall be permitted to receive visitors subject to reasonable restrictions consistent with the child's or youth's treatment objectives. The head of each facility shall establish visiting hours and inform all children and youth and their families and other visitors of these hours. Any special restriction shall be noted in writing, signed by the head of the facility, and made a part of the child's or youth's permanent clinical record.
(2) Each child or youth may receive his clergyman and attorney at any reasonable time.
(f) No person shall be denied employment, housing, civil service rank, any license or permit, including a professional license, or any other civil or legal right, solely because of a present or past placement with the Commissioner of Children and Families except as otherwise provided by statute.
(g) Each child or youth under the supervision of the Commissioner of Children and Families shall have the right to counsel of his own choosing, and the right to receive visits from physicians and mental health professionals as may be arranged by his counsel.
(h) Each child or youth shall have a right to a hearing pursuant to procedures adopted by the commissioner, in accordance with sections 4-176e to 4-181a, inclusive, before he is involuntarily transferred by the Commissioner of Children and Families to any facility outside the state of Connecticut.
(i) Any child or youth aggrieved by a violation of subsections (a) to (h), inclusive, of this section, may petition the superior court for the venue district provided in section 46b-142 within which the child or youth is or resides for appropriate relief, including temporary and permanent injunctive relief. Such petition shall be treated as a juvenile matter.
(P.A. 75-538, S. 1−9; P.A. 78-280, S. 31, 127; P.A. 88-317, S. 76, 107; P.A. 93-91, S. 1, 2.)
History: P.A. 78-280 replaced juvenile court with superior court, specified "venue" districts and required that petition be treated as juvenile matter in Subsec. (i); P.A. 88-317 amended reference to Secs. 4-177 to 4-181 in Subsec. (h) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; Sec. 17-440 transferred to Sec. 17a-16 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.

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Sec. 17a-17. (Formerly Sec. 17-421a). Direct payment for goods and services. Single cost accounting system for payment of room and board and education expenses. (a) The Commissioner of Children and Families may, after consultation with the Commissioner of Administrative Services, establish by regulation a payment system, which shall be adopted in accordance with chapter 54, for the direct payment of the reasonable expense of goods or services determined by said commissioner to be necessary for the care and maintenance of any child in his custody, or under his guardianship, whether or not the child has income or estate. Ninety per cent of a clean claim for payments shall be made no later than thirty days from receipt of the request for payment and ninety-nine per cent shall be made within ninety days of such receipt. Upon request of the Commissioner of Children and Families, the Comptroller shall draw his order on the Treasurer, from time to time, for such part of the appropriation for care of such children as may be needed in order to enable the commissioner to make such payments. The Department of Administrative Services may bill to and collect from the person in charge of the estate of any child in the custody of the Commissioner of Children and Families or under said commissioner's guardianship, including his descendants' estate, or the payee of such child's income, the total amount expended for care of such child or such portion thereof as any such estate or payee is able to reimburse. For the purposes of this section "clean claim" means a claim which can be processed without obtaining additional substantiation from the applicant for payment or other person entitled to receive payment. A claim submitted by an applicant who is under investigation for fraud or abuse shall not be considered a clean claim.
(b) The Commissioner of Children and Families and the Commissioner of Education shall jointly develop a single cost accounting system, on forms developed jointly by the Department of Children and Families and the Department of Education, which may be the basis for the payment of reasonable expenses for room and board and education by purchase of service agreement to private residential treatment centers licensed pursuant to section 17a-145. The Commissioner of Children and Families, after consultation with the Commissioner of Education, shall adopt regulations in accordance with the provisions of chapter 54 to administer the system which may provide for the combining of procedures within the Department of Children and Families and the Department of Education for administering the system including the holding of joint hearings and reviews. Annually, on or before a date established by the Commissioner of Children and Families, each residential treatment center shall submit to the Department of Children and Families, on forms provided by said department and the Department of Education, the audited costs of its approved programs for the preceding year as certified by a certified public accounting firm. On and after July 1, 1983, no additional services shall be included in the calculation of such reasonable expenses unless such services are approved by the Commissioner of Children and Families or the Commissioner of Education.
(c) During the two-year period commencing July 1, 1985, the Commissioner of Children and Families and the Commissioner of Education shall implement the cost accounting system developed pursuant to subsection (b) of this section. On and after July 1, 1987, said system shall be the basis for the payment of reasonable expenses for room and board and education, by purchase of service agreement, to private residential treatment centers, provided said system shall not be applicable to any treatment center which does not submit the audited costs of its approved programs for the preceding year in accordance with the provisions of said subsection (b).
(d) Any cost-of-living adjustment provided in section 4 of public act 98-250* shall be applicable only to the room and board rate and shall not be applicable to the education rate.
(P.A. 75-246; P.A. 77-614, S. 70, 71, 610; P.A. 79-565, S. 2; P.A. 83-471, S. 1, 3; P.A. 84-409, S. 1, 3; P.A. 90-119, S. 2; P.A. 93-91, S. 1, 2; P.A. 94-245, S. 8, 46; P.A. 98-250, S. 29, 39.)
*Note: Section 4 of public act 98-250 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.
History: P.A. 77-614 replaced commissioner of finance and control and central collection division of finance and control department with commissioner and department of administrative services; P.A. 79-565 added provisions re "clean claim" payments; P.A. 83-471 added Subsec. (b) re single cost accounting system for room and board and education expenses; P.A. 84-409 added new Subsec. (c) re implementation of the cost accounting system and use of the system as the basis for the payment of reasonable expenses for room, board and education; P.A. 90-119 authorized the department of administrative services to bill to and collect from the estate of any child in the custody of the commissioner of children and youth services; Sec. 17-421a transferred to Sec. 17a-17 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. 94-245 amended Subsec. (b) to allow the regulations to provide for the combining of procedures within the department of children and families and the department of education for administering the system including the holding of joint hearings and reviews, effective June 2, 1994; P.A. 98-250 added Subsec. (d) re cost-of-living adjustment applicability, effective July 1, 1998.

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Sec. 17a-18. (Formerly Sec. 17-422). Receipt of grants or gifts. The Commissioner of Children and Families may accept and receive on behalf of the department or any institution or facility thereof, or on behalf of the Children's Trust Fund established pursuant to section 17a-50, subject to section 4b-22, any bequest, devise or grant made to the department or to any institution or facility thereof, or to such Children's Trust Fund, and may hold and use such property for the purpose specified in such bequest, devise or gift.
(1969, P.A. 664, S. 16; June Sp. Sess. P.A. 83-20, S. 1, 4; P.A. 85-582, S. 3, 8; P.A. 89-336, S. 1, 6; P.A. 93-91, S. 1, 2.)
History: June Sp. Sess. P.A. 83-20 added references to the children's trust fund; P.A. 85-582 removed authority to accept gifts on behalf of the children's trust fund; P.A. 89-336 added new language re the children's trust fund; Sec. 17- 422 transferred to Sec. 17a-18 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.

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Sec. 17a-19. (Formerly Sec. 17-422a). Administration of the parent-child resource system. The Commissioner of Children and Families or his designee, shall administer the parent-child resource system.
(P.A. 76-285, S. 1, 3; P.A. 93-91, S. 1, 2.)
History: Sec. 17-422a transferred to Sec. 17a-19 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.

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Sec. 17a-20. (Formerly Sec. 17-424). Definition of psychiatric clinic and child guidance clinic. Grant of funds. (a) For the purpose of this section, a psychiatric clinic means an organization licensed by the Department of Children and Families and staffed by psychiatrists, psychologists, social workers and such other professional, paraprofessional and clerical personnel as local circumstances may require, working in collaboration with other social service agencies, to provide mental health services that are designed to (1) effectively decrease the prevalence and incidence of mental illness, emotional disturbance and social disfunctioning and (2) promote mental health in individuals, groups and institutions, and includes a general hospital with such clinic services. The Department of Children and Families shall develop and maintain a program of outpatient psychiatric clinics for children and youth and their families.
(b) For purposes of this section, a child guidance clinic means a subset of psychiatric clinics for children designated by the Department of Children and Families pursuant to this section to receive grant funds for the purpose of assisting the department to provide community-based psychiatric services for children, youth and families. In order to meet such mandate, the department shall designate a subset of outpatient psychiatric clinics for children to be known as child guidance clinics. The department shall provide grants to such child guidance clinics in accordance with the provisions of this section. Any town having a population of not less than forty thousand, as most recently determined by the Secretary of the Office of Policy and Management, or any combination of towns with a combined population of not less than forty thousand as similarly determined, or any nonprofit corporation organized or existing for the purpose of establishing or maintaining a psychiatric clinic for children and youth or for children and youth and their families, or any clinic designated by the Department of Children and Families as of January 1, 1995, may apply to the Department of Children and Families for funds to be used to assist in establishing, maintaining or expanding a psychiatric clinic. The applications, and any grant of funds pursuant thereto, shall not be subject to the provisions of section 17a-476, except to the extent required by federal law. The department shall base any grant of funds on the services provided to children and youth under eighteen years of age and on the effectiveness of the services. No grant shall exceed two-thirds of the ordinary recurring operating expenses of the clinic, nor shall any grant be made to pay for any portion of capital expenditures for the clinic. No clinic in existence as of October 1, 1995, shall be eligible for grants of any funds under this section unless it has obtained a license within six months of the adoption of regulations under subsection (c) of this section. No clinic receiving funds under this section shall refuse services to any resident of this state solely because of his place of residence.
(c) The Department of Children and Families shall adopt regulations, in accordance with the provisions of chapter 54, defining the minimum requirements for outpatient psychiatric clinics for children to be eligible for licensure under this section in regard to (1) qualification and number of staff members, (2) clinic operation including but not limited to physical plant, governing body and recordkeeping, (3) effectiveness of services, and (4) populations targeted for priority access. The regulations shall also govern the granting of the funds to assist in establishing, maintaining and expanding psychiatric clinics. The department shall, upon payment of a fee of three hundred dollars, issue to any qualifying clinic a license that shall be in force for twenty-four months from the date of issue and shall be renewable for additional twenty-four-month periods, upon payment of a fee of three hundred dollars for each such period, provided the clinic continues to meet conditions satisfactory to the department. The department shall make available to child guidance clinics forms to be used in making application for available funds. Upon receipt of proper application, the department shall grant the funds, provided the plans for financing, the standards of operation and the effectiveness of services of the clinics are approved by the department in accordance with the provisions of this section. The grants shall be made on an annual basis.
(P.A. 75-524, S. 13, 30; P.A. 77-614, S. 323, 610; P.A. 81-85; P.A. 82-472, S. 55, 183; P.A. 86-378; P.A. 90-287, S. 1; P.A. 93-91, S. 1, 2; 93-381, S. 9, 39; P.A. 95-349, S. 6.)
History: P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January 1, 1979; P.A. 81-85 amended the definition of psychiatric clinic and community mental health facility to include general hospitals with psychiatric clinic services or emergency psychiatric inpatient services; P.A. 82-472 made a technical correction; P.A. 86-378 added Subsec. (b) providing a grant for at least one child guidance clinic in northern and southern Middlesex County; P.A. 90-287 required the department to define minimum grant eligibility requirements re populations targeted for priority access; Sec. 17-424 transferred to Sec. 17a-20 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- 381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-349 deleted references to "community mental health facility" and provisions re state assistance to towns for their establishment, amended the definition of "psychiatric clinic" and added Subsecs. (b) and (c) re child guidance clinics, replacing former Subsec. (b).

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Sec. 17a-21. (Formerly Sec. 17-424a). Statistical reporting on psychiatric care of children and youth. Psychiatric hospitals and general hospitals providing psychiatric care to children and youth, licensed under sections 19a-490 to 19a-503, inclusive, shall report to the Commissioner of Children and Families on a quarterly basis the date of and reason for admission, diagnosis, date of birth, sex, town of residence and date of discharge of all children and youth who have been admitted and treated for a psychiatric illness at these facilities.
(P.A. 81-92, S. 1, 2; P.A. 93-91, S. 1, 2.)
History: Sec. 17-424a transferred to Sec. 17a-21 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.

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Sec. 17a-22. (Formerly Sec. 17-425). Extended day treatment programs. Grants. Definition of day treatment center. The state Department of Children and Families shall develop and maintain a program of day treatment centers and extended day treatment programs for emotionally disturbed, mentally ill, behaviorally disordered or multiply handicapped children and youth. For the purposes of this section, "day treatment center" means a facility for outpatient therapy, care and training of children and youth who, after appropriate evaluation, are deemed in need of such therapy, care and training. Any nonprofit corporation organized or existing for the purpose of establishing or maintaining a day treatment center or an extended day treatment program, as defined in section 17a-147, for emotionally disturbed, mentally ill, behaviorally disordered or multiply handicapped children and youth, any hospital, any psychiatric clinic or any regional educational service center, as established in accordance with section 10-66a, may apply to the state Department of Children and Families for funds to be used to assist in establishing, maintaining or expanding a day treatment center or an extended day treatment program, as defined in section 17a-147, for emotionally disturbed, mentally ill, behaviorally disordered or multiply handicapped children and youth. No grant to assist in establishing, maintaining or expanding a day treatment center or an extended day treatment program under the provisions of this section shall exceed the ordinary and recurring operating expenses of any such day treatment center or extended day treatment program, nor shall any grant be made to pay for all or any part of the capital expenditures for any such center or program. The state Department of Children and Families shall (1) establish minimum eligibility requirements for the receipt of such grants in regard to qualification and number of staff members and the operation of day treatment centers and extended day treatment programs, including, but not limited to, physical plant and record keeping; (2) establish procedures to be used in making application for such funds, and (3) prescribe regulations governing the granting of funds to assist in establishing, maintaining and expanding day treatment centers and extended day treatment programs. Upon receipt of proper application and approval by said department of the plans for financing and the standards of operation of a day treatment center or extended day treatment program, said department shall authorize the payment of such grant. Any application for a grant, and any grant of funds pursuant thereto, shall not be subject to the provisions of section 17a-476, except to the extent required by federal law.
(P.A. 75-524, S. 14, 30; P.A. 79-122; P.A. 90-290, S. 2; P.A. 91-268, S. 3, 4; P.A. 93-91, S. 1, 2.)
History: P.A. 79-122 allowed regional educational service centers to apply for funds for day treatment center; P.A. 90- 290 changed "day treatment center" to "extended day treatment program", deleted "autistic" from definition of the term and added reference to behaviorally disordered or multiply handicapped children and youths; Sec. 17-425 transferred to Sec. 17a-22 in 1991; P.A. 91-268 extended the provisions of the section to day treatment centers and defined day treatment centers; 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.

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Sec. 17a-22a. Integrated behavioral health service delivery system for children and youths with serious emotional disturbances. Memorandum of understanding. Consultation. Federal waivers. (a) The Commissioner of Social Services and the Commissioner of Children and Families shall develop and administer an integrated behavioral health service delivery system for children and youth with serious emotional disturbances who meet the criteria established in accordance with subdivision (1) of subsection (a) of section 5 of public act 00-2 of the June special session* and who are eligible to receive services from the HUSKY Plan, Part A or Part B, the HUSKY Plus program for intensive behavioral health needs or voluntary services provided through the Department of Children and Families. All necessary changes to the IV-E, Title XIX and Title XXI state plans shall be made to maximize federal financial participation.
(b) Not later than October 1, 2000, said commissioners shall enter into a memorandum of understanding for the purpose of the joint administration of an integrated behavioral health service delivery system. Such memorandum of understanding shall establish mechanisms to administer combined funding, establish standards for, and monitor implementation of, the integrated behavioral health service delivery system and specify that (1) the Department of Social Services, which is the agency designated as the single state agency for the administration of the Medicaid program pursuant to Title XIX of the Social Security Act, manage all Medicaid and HUSKY Plan modifications, waiver amendments, federal reporting and claims processing and provide financial management, and (2) the Department of Children and Families, which is the state agency responsible for administering and evaluating a comprehensive and integrated state-wide program of services for children and youth who are seriously emotionally disturbed, define the services to be included in the continuum of care and develop state-wide training programs on the systems of care approach for providers, families and other persons.
(c) Not later than October 1, 2000, said commissioners shall complete the memorandum of understanding, establish fiscal and programmatic eligibility guidelines, develop fiscal and programmatic outcome measures and develop a plan to evaluate the administration of behavioral health services.
(d) Said commissioners may commence a project of limited scope and duration in the state fiscal year commencing July 1, 2000, to implement the provisions of this section in those locations where the commissioners determine that services are well-developed and a high degree of cooperation exists among providers.
(e) Said commissioners shall consult with the Commissioner of Mental Health and Addiction Services and the Commissioner of Mental Retardation during the development of the integrated behavioral health service delivery system in order to ensure coordination of a delivery system of behavioral health services across the life span of children, youth and adults with behavioral health needs.
(f) The Commissioner of Social Services and the Commissioner of Children and Families may apply for any federal waivers necessary to implement the provisions of this section.
(June Sp. Sess. P.A. 00-2, S. 3, 53.)
*Note: Section 5 of public act 00-2 of the June special session is special in nature and therefore has not been codified but remains in full force and effect according to its terms.
History: June Sp. Sess. P.A. 00-2 effective July 1, 2000.

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Sec. 17a-22b. Local needs assessment by local system of care. Not later than January 1, 2001, and annually thereafter, each local system of care shall, within available appropriations, (1) complete a local needs assessment which shall include objectives and outcome measures, (2) specify the number of children requiring behavioral health services, (3) specify the number of children actually receiving community-based and residential services and the type and frequency of such services, and (4) complete an annual self-evaluation process and a review of discharge summaries. Each local system of care shall submit its local needs assessment to the Commissioner of Children and Families and the Commissioner of Social Services. For the purposes of this section, "local system of care" means community-based organizations that work in teams to deliver behavioral health services in a manner that assists children and youth with behavioral health problems and provides their families with access to the full range of services tailored to the physical, emotional, social and educational needs of each individual in or near the communities in which they reside.
(June Sp. Sess. P.A. 00-2, S. 4, 53.)
History: June Sp. Sess. P.A. 00-2 effective July 1, 2000.

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Sec. 17a-23. (Formerly Sec. 17-427). High Meadows. Function; age limits. Section 17a-23 is repealed.
(P.A. 75-524, S. 16, 30; P.A. 76-19, S. 1, 2; P.A. 93-216, S. 8.)

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Sec. 17a-24. (Formerly Sec. 17-428). Regulation of motor vehicles and roadways by superintendents of institutions. The superintendent of any institution in the Department of Children and Families, subject to the approval of the Commissioner of Children and Families and the State Traffic Commission, may prohibit, limit, restrict or regulate the parking of vehicles, may determine speed limits, may restrict roads or portions thereof to one-way traffic and may designate the location of crosswalks on any portion of any road or highway upon the grounds of the respective institutions, and may erect and maintain signs designating such prohibitions or restrictions. Security officers or institutional patrolmen appointed to act as state policemen on state institution grounds under the provisions of section 29-18, may arrest or issue summons for violation of such regulations, restrictions or prohibitions. Any person who fails to comply with any such prohibition or restriction shall be fined not more than five dollars, and the court or traffic or parking authority having jurisdiction of traffic or parking violations in the town in which the institution is located shall have jurisdiction of violations of this section.
(P.A. 75-524, S. 17, 30; P.A. 93-91, S. 1, 2.)
History: Sec. 17-428 transferred to Sec. 17a-24 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.
Cited. 221 C. 447, 459.

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Sec. 17a-25. (Formerly Sec. 17-429). Superintendents and directors of facilities. Qualifications, responsibilities and duties. (a) Except as otherwise provided, the Commissioner of Children and Families shall appoint and remove the superintendents and directors of state-operated facilities within the Department of Children and Families. Each superintendent or director shall be a qualified person with experience in health, hospital or children's services administration.
(b) Each superintendent or director shall be the administrative head of his respective institution or division and shall be responsible for the organization of its work and for the direction and coordination of its various activities. He shall appoint all members of the staff subject to the approval of the commissioner and in accordance with the general statutes.
(c) Each superintendent or director shall cooperate and coordinate with community programs in establishing the facility's policies and procedures concerning program planning and development, patient admissions, rehabilitation and follow-up services.
(P.A. 75-524, S. 18, 30; P.a. 93-91, S. 1, 2.)
History: Sec. 17-429 transferred to Sec. 17a-25 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.

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Sec. 17a-26. (Formerly Sec. 17-430). Use of federal funds available for services to children. The Commissioners of Mental Health and Addiction Services and Children and Families shall insure that any federal funds available to this state for services of any kind to children which, pursuant to federal statute or regulation, are required to be administered by or payable to or under control of the Department of Mental Health and Addiction Services, shall, by purchase of service or otherwise, be transferred to and expended by the Department of Children and Families.
(P.A. 75-524, S. 19, 30; P.A. 93-91, S. 1, 2; P.A. 95-257, S. 11, 58.)
History: Sec. 17-430 transferred to Sec. 17a-26 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. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995.

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Sec. 17a-27. (Formerly Sec. 17-372). *(See end of section for new catchline and amended version of subsection (a) and effective date.) Investment and use of Long Lane School donation fund. (a) The Commissioner of Children and Families after consultation with the Council on Children and Families is authorized to invest the donation fund of Long Lane School held by said institution in accordance with the provisions of the statutes relating to the investment of trust funds and, for such purpose, may accept, execute and deliver transfers and conveyances of real and personal property in the name of the state, for the use and benefit of Long Lane School or the Connecticut Juvenile Training School.
(b) The Secretary of the Office of Policy and Management, in consultation with the Commissioner of Children and Families and the Commissioner of Public Works, shall certify to the State Bond Commission that the resources derived from any sale authorized by public act 99-26** in the donation fund of Long Lane School created by this section are eligible for use for the costs incurred in the relocation of Long Lane School, including environmental site remediation, and the development of the Connecticut Juvenile Training School and related training facilities and are in accordance with any deed restrictions for the construction of the project and are not in violation of any tax or other covenants made in respect of bonds originally issued to finance the Long Lane School and related properties. Upon the approval of the State Bond Commission, the Treasurer is authorized to transfer all or a portion of such resources to the bond fund to which the bond authorization in section 1 of public act 99-26*** has been or will be assigned.
(1949 Rev., S. 2754; 1969, P.A. 664, S. 19; P.A. 93-91, S. 1, 2; P.A. 99-26, S. 20, 39.)

*Note: 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, subsection (a) of this section, as amended by section 20 of public act 99-26, is further amended by section 25 of the act to read as follows:
"Sec. 17a-27. (Formerly Sec. 17-372). Investment and use of the Connecticut Juvenile Training School donation fund. (a) The Commissioner of Children and Families after consultation with the Council on Children and Families is authorized to invest the donation fund of the Connecticut Juvenile Training School held by said institution in accordance with the provisions of the statutes relating to the investment of trust funds and, for such purpose, may accept, execute and deliver transfers and conveyances of real and personal property in the name of the state, for the use and benefit of the Connecticut Juvenile Training School."
(1949 Rev., S. 2754; 1969, P.A. 664, S. 19; P.A. 93-91, S. 1, 2; P.A. 99-26, S. 20, 25, 39.)
**Note: Public act 99-26 is entitled "An Act Concerning the Connecticut Juvenile Training School". See Reference Table captioned "Public Acts of 1999" in Volume 16 which lists the sections amended, created or repealed by the act.
***Note: Section 1 of public act 99-26 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.
History: 1969 act authorized commissioner of children and youth services to invest donation fund rather than the directors of the school; Sec. 17-372 transferred to Sec. 17a-27 in 1991; P.A. 93-91 substituted commissioner and department of children and families and council on children and families for commissioner and department of children and youth services and council on children and youth services, effective July 1, 1993 (Revisor's note: The words "the department of" in the phrase "commissioner of the department of children and youth services" were deleted editorially by the Revisors to conform with customary statutory usage); P.A. 99-26 designated existing provisions as Subsec. (a) and amended said Subsec. to provide that property transfers and conveyances are for the use and benefit of "Long Lane School or the Connecticut Juvenile Training School" rather than "said school" and added Subsec. (b) re the use and transfer of resources in the donation fund derived from the sale of state land, effective May 7, 1999, and further amended Subsec. (a) to replace "the donation fund of Long Lane School" with "the donation fund of the Connecticut Juvenile Training School" and provide that property transfers and conveyances are for the benefit of "the Connecticut Juvenile Training School" rather than "Long Lane School or the Connecticut Juvenile Training School", 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.

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Sec. 17a-27a. Long Lane School Advisory Board established. Composition. Report. Section 17a-27a is repealed.
(P.A. 94-212; P.A. 96-194, S. 13.)

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Sec. 17a-27b. Connecticut Juvenile Training School project: Exemption from statutory provisions. Notwithstanding any provision of the general statutes or regulations adopted thereunder or any public or special act, the Connecticut Juvenile Training School project, as defined in subsection (l) of section 4b-55, shall be exempt from the provisions of subsections (b), (c) and (d) of section 4b-21, sections 4b-23, 4b-28, 14- 311, 16a-31, 16a-38, 22-6, 22a-6, 22a-12, 22a-14 to 22a-20, inclusive, 22a-39, sections 25-32 and 29-406 and chapter 54.
(P.A. 99-26, S. 5, 39.)
History: P.A. 99-26 effective May 7, 1999.

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Sec. 17a-27c. Connecticut Juvenile Training School project: Transfer of property; entry upon private property; payment of damages. (a) Notwithstanding any provision of the general statutes or regulations adopted thereunder or any public or special act, when the Commissioner of Public Works finds it necessary that real property, the title to which is in the state or any municipality, political subdivision, public authority, district, quasi-public agency or other governmental entity and which is under the custody and control of any state department, commission or institution, municipality, political subdivision, public authority, district, quasi-public agency or other governmental entity, be taken for the purpose of constructing the Connecticut Juvenile Training School project, as defined in subsection (l) of section 4b-55, the commissioner shall present a petition to the entity having custody and control of such real property that custody of the real property be transferred to the commissioner and such entity shall transfer the custody and control of such real property to the commissioner for the purposes required.
(b) The commissioner or the commissioner's agent may enter upon private real property for the purpose of conducting surveys, inspections, appraisals, or environmental and geological investigations for the location or construction of the Connecticut Juvenile Training School project. After giving reasonable notice to the real property owner or owners affected, the commissioner or the commissioner's agent may also enter such property for the purpose of performing borings, soundings or other tests required to accomplish any of the foregoing objectives with respect to the Connecticut Juvenile Training School project. The commissioner or the commissioner's agent shall use care so that no unnecessary damage shall result and the state shall pay damages to the owner of any real property for any damage or injury the commissioner or the commissioner's agent causes such owner by such entrance and use. If entry to any real property for the purpose of performing borings, soundings or other tests is refused to the commissioner or the commissioner's agent after the commissioner or the commissioner's agent has given reasonable notice to the owner or owners thereof, the commissioner shall assess damages in the manner provided by this section and, at any time after such assessment has been made by said commissioner, may enter said property for the purpose of performing borings, soundings or other tests. If the real property owner accepts such assessment of damages, such owner shall notify the commissioner in writing, and said commissioner shall pay such sum to said real property owner within thirty days or, after the expiration of said thirty days, shall pay such sum with interest at six per cent. If the real property owner is aggrieved by such assessment, such owner shall notify the commissioner in writing and may appeal to any court within its jurisdiction for a reassessment of such damages within six months from the date said commissioner forwarded such assessment to such owner. This section shall not limit or modify rights of entry upon property otherwise provided for by the general statutes.
(P.A. 99-26, S. 8, 39.)
History: P.A. 99-26 effective May 7, 1999.

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Sec. 17a-27d. Connecticut Juvenile Training School project: Architectural services and design contract. The Commissioner of Public Works may negotiate a sole source contract for the architectural services and design for the Connecticut Juvenile Training School project, as defined in subsection (l) of section 4b-55.
(P.A. 99-26, S. 10, 39.)
History: P.A. 99-26 effective May 7, 1999.

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Sec. 17a-27e. Connecticut Juvenile Training School. Standards. The Department of Children and Families in the maintenance, pursuant to section 17a-3, of the new Connecticut Juvenile Training School shall use the Manual of Standards for Juvenile Training Schools published by the American Correctional Association in order to improve safety for staff and residents of the Connecticut Juvenile Training School and to allow the Connecticut Juvenile Training School to be able to be accredited by the American Correctional Association.
(P.A. 99-26, S. 14, 39.)
History: P.A. 99-26 effective May 7, 1999.

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Sec. 17a-27f. Connecticut Juvenile Training School. Public safety committee. Security and alert system. (a) The Department of Children and Families shall establish a public safety committee in the municipality in which the Connecticut Juvenile Training School is located. The committee shall be composed of the superintendent of said school and representatives appointed by the chief elected official of the municipality. The committee shall meet not less than quarterly to review safety and security issues which affect the host municipality.
(b) At the time the Connecticut Juvenile Training School becomes operational, the Department of Children and Families shall ensure that a community security and alert system shall be functional.
(P.A. 99-26, S. 26, 39.)
History: P.A. 99-26 effective May 7, 1999.

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Sec. 17a-28. (Formerly Sec. 17-431). Definitions. Confidentiality of and access to records; exceptions. Procedure for aggrieved persons. Regulations. (a) As used in this section:
(1) "Person" means (A) any individual named in a record, maintained by the department, who (i) is presently or at any prior time was a ward of or committed to the commissioner for any reason; (ii) otherwise received services, voluntarily or involuntarily, from the department; or (iii) is presently or was at any prior time the subject of an investigation by the department; (B) the parent of a person, as defined in subparagraph (A) of this subdivision, if such person is a minor; or (C) the authorized representative of a person, as defined in subparagraph (A) of this subdivision, if such person is deceased;
(2) "Attorney" means the licensed attorney authorized to assert the confidentiality of or right of access to records of a person;
(3) "Authorized representative" means a parent, guardian, conservator or other individual authorized to assert the confidentiality of or right of access to records of a person;
(4) "Consent" means permission given in writing by a person, his attorney or his authorized representative to disclose specified information, within a limited time period, regarding the person to specifically identified individuals;
(5) "Records" means information created or obtained in connection with the department's child protection activities or activities related to a child while in the care or custody of the department, including information in the registry of reports to be maintained by the commissioner pursuant to section 17a-101k, provided records which are not created by the department are not subject to disclosure, except as provided pursuant to subsection (f), (l) or (n) of this section;
(6) "Disclose" means (A) to provide an oral summary of records maintained by the department to an individual, agency, corporation or organization or (B) to allow an individual, agency, corporation or organization to review or obtain copies of such records in whole, part or summary form;
(7) "Near fatality" means an act, as certified by a physician, that places a child in serious or critical condition.
(b) Notwithstanding the provisions of section 1-210, 1-211 or 1-213, records maintained by the department shall be confidential and shall not be disclosed. Such records of any person may only be disclosed, in whole or in part, to any individual, agency, corporation or organization with the consent of the person or as provided in this section. Any unauthorized disclosure shall be punishable by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both.
(c) When information concerning an incident of abuse or neglect has been made public or when the commissioner reasonably believes publication of such information is likely, the commissioner or his designee may disclose, with respect to an investigation of such abuse or neglect: (1) Whether the department has received a report in accordance with sections 17a-101a to 17a-101c, inclusive, or section 17a-103, and (2) in general terms, any action taken by the department, provided names or other individually identifiable information of the minor victim or other family member shall not be disclosed, notwithstanding such individually identifiable information is otherwise available.
(d) The commissioner shall make available to the public, without the consent of the person, information in general terms or findings concerning an incident of abuse or neglect which resulted in a child fatality or near fatality of a child, provided disclosure of such information or findings does not jeopardize a pending investigation.
(e) The commissioner shall, upon written request, disclose the following information concerning agencies licensed by the Department of Children and Families, except foster care parents, relatives of the child who are certified to provide foster care or prospective adoptive families: (1) The name of the licensee; (2) the date the original license was issued; (3) the current status of the license; (4) whether an agency investigation or review is pending or has been completed; and (5) any licensing action taken by the department at any time during the period such license was issued and the reason for such action, provided disclosure of such information will not jeopardize a pending investigation.
(f) The commissioner or his designee shall, upon request, promptly provide copies of records, without the consent of a person, to (1) a law enforcement agency, (2) the Chief State's Attorney or his designee or a state's attorney for the judicial district in which the child resides or in which the alleged abuse or neglect occurred or his designee, for purposes of investigating or prosecuting an allegation of child abuse or neglect, (3) the attorney appointed to represent a child in any court in litigation affecting the best interests of the child, (4) a guardian ad litem appointed to represent a child in any court in litigation affecting the best interests of the child, (5) the Department of Public Health, which licenses any person to care for children for the purposes of determining suitability of such person for licensure, (6) any state agency which licenses such person to educate or care for children pursuant to section 10-145b or 17a-101j, (7) the Governor, when requested in writing, in the course of his official functions or the Legislative Program Review and Investigations Committee, the committee of the General Assembly on judiciary and the committee of the General Assembly having cognizance of matters involving children when requested in the course of such committees' official functions in writing, and upon a majority vote of said committee, provided no names or other identifying information shall be disclosed unless it is essential to the legislative or gubernatorial purpose, and (8) a local or regional board of education, provided the records are limited to educational records created or obtained by the state or Connecticut-Unified School District #2, established pursuant to section 17a-37. A disclosure under this section shall be made of any part of a record, whether or not created by the department, provided no confidential record of the Superior Court shall be disclosed other than the petition and any affidavits filed therewith in the superior court for juvenile matters, except upon an order of a judge of the Superior Court for good cause shown. The commissioner shall also disclose the name of any individual who cooperates with an investigation of a report of child abuse or neglect to such law enforcement agency or state's attorney for purposes of investigating or prosecuting an allegation of child abuse or neglect. The commissioner or his designee shall, upon request, promptly provide copies of records, without the consent of the person, to (A) the Department of Public Health for the purpose of determining the suitability of a person to care for children in a facility licensed under sections 19a-77 to 19a-80, inclusive, 19a-82 to 19a-87, inclusive, and 19a-87b, and (B) the Department of Social Services for determining the suitability of a person for any payment from the department for providing child care.
(g) When the commissioner or his designee determines it to be in a person's best interest, the commissioner or his designee may disclose records, whether or not created by the department and not otherwise privileged or confidential communications under state or federal law, without the consent of a person to:
(1) Multidisciplinary teams which are formed to assist the department in investigation, evaluation or treatment of child abuse and neglect cases or a multidisciplinary provider of professional treatment services under contract with the department for a child referred to the provider;
(2) Any agency in another state which is responsible for investigating or protecting against child abuse or neglect for the purpose of investigating a child abuse case;
(3) An individual, including a physician, authorized pursuant to section 17a-101f to place a child in protective custody if such individual has before him a child whom he reasonably suspects may be a victim of abuse or neglect and such individual requires the information in a record in order to determine whether to place the child in protective custody;
(4) An individual or public or private agency responsible for a person's care or custody and authorized by the department to diagnose, care for, treat or supervise a child who is the subject of a record of child abuse or neglect or a public or private agency responsible for a person's education for a purpose related to the individual's or agency's responsibilities;
(5) The Attorney General or any assistant attorney general providing legal counsel for the department;
(6) Individuals or public or private agencies engaged in medical, psychological or psychiatric diagnosis or treatment of a person perpetrating the abuse or who is unwilling or unable to protect the child from abuse or neglect when the commissioner or his designee determines that the disclosure is needed to accomplish the objectives of diagnosis or treatment;
(7) A person who reports child abuse pursuant to sections 17a-101a to 17a-101c, inclusive, and section 17a-103, who made a report of abuse involving the subject child, provided the information disclosed is limited to (A) the status of the investigation and (B) in general terms, any action taken by the department;
(8) An individual conducting bona fide research, provided no information identifying the subjects of records shall be disclosed unless (A) such information is essential to the purpose of the research; (B) each person identified in a record or his authorized representative has authorized such disclosure in writing; and (C) the department has given written approval;
(9) The Auditors of Public Accounts or their representative, provided no information identifying the subjects of the records shall be disclosed unless such information is essential to an audit conducted pursuant to section 2-90;
(10) The Department of Social Services, provided the information disclosed is necessary to promote the health, safety and welfare of the child;
(11) A judge of the Superior Court for purposes of determining the appropriate disposition of a child convicted as delinquent or a child who is a member of a family with service needs; and
(12) The superintendents, or their designees, of state-operated facilities within the department.
(h) The commissioner or his designee may disclose the name, address and fees for services to a person, to individuals or agencies involved in the collection of fees for such services, except as provided in section 17b-225. In cases where a dispute arises over such fees or claims or where additional information is needed to substantiate the fee or claim, such disclosure of further information shall be limited to the following: (1) That the person was in fact committed to or otherwise served by the department; (2) dates and duration of service; and (3) a general description of the service, which shall include evidence that a service or treatment plan exists and has been carried out and evidence to substantiate the necessity for admission and length of stay in any institution or facility.
(i) Notwithstanding the provisions of subsections (f) and (l) of this section, the name of an individual reporting child abuse or neglect shall not be disclosed without his written consent except to (1) an employee of the department responsible for child protective services or the abuse registry; (2) a law enforcement officer; (3) an appropriate state's attorney; (4) an appropriate assistant attorney general; (5) a judge of the Superior Court and all necessary parties in a court proceeding pursuant to section 46b-129, or a criminal prosecution involving child abuse or neglect; or (6) a state child care licensing agency, executive director of any institution, school or facility or superintendent of schools pursuant to section 17a-101i.
(j) Notwithstanding the provisions of subsection (g) of this section, the name of any individual who cooperates with an investigation of a report of child abuse or neglect shall be kept confidential upon request or upon determination by the department that disclosure of such information may be detrimental to the safety or interests of the individual, except the name of any such individual shall be disclosed to the persons listed in subsection (i) of this section.
(k) Notwithstanding the confidentiality provisions of this section, the commissioner, upon request of an employee, shall disclose such records to such employee or his authorized representative which would be applicable and necessary for the purposes of an employee disciplinary hearing or appeal from a decision after such hearing.
(l) Information disclosed from a person's record shall not be disclosed further without the written consent of the person, except if disclosed to a party or his counsel pursuant to an order of a court in which a criminal prosecution or an abuse, neglect, commitment or termination proceeding against the party is pending. A state's attorney shall disclose to the defendant or his counsel in a criminal prosecution, without the necessity of a court order, exculpatory information and material contained in such record and may disclose, without a court order, information and material contained in such record which could be the subject of a disclosure order. All written records disclosed to another individual or agency shall bear a stamp requiring confidentiality in accordance with the provisions of this section. Such material shall not be disclosed to anyone without written consent of the person or as provided by this section. A copy of the consent form specifying to whom and for what specific use the record is disclosed or a statement setting forth any other statutory authorization for disclosure and the limitations imposed thereon shall accompany such record. In cases where the disclosure is made orally, the individual disclosing the information shall inform the recipient that such information is governed by the provisions of this section.
(m) In addition to the right of access provided in section 1-210, any person, regardless of age, his authorized representative or attorney shall have the right of access to any records made, maintained or kept on file by the department, whether or not such records are required by any law or by any rule or regulation, when those records pertain to or contain information or materials concerning the person seeking access thereto, including but not limited to records concerning investigations, reports, or medical, psychological or psychiatric examinations of the person seeking access thereto, provided that (1) information identifying an individual who reported abuse or neglect of a person, including any tape recording of an oral report pursuant to section 17a-103, shall not be released unless, upon application to the Superior Court by such person and served on the Commissioner of Children and Families, a judge determines, after in camera inspection of relevant records and a hearing, that there is reasonable cause to believe the reporter knowingly made a false report or that other interests of justice require such release; and (2) if the commissioner determines that it would be contrary to the best interests of the person or his authorized representative or attorney to review the records, he may refuse access by issuing to such person or representative or attorney a written statement setting forth the reasons for such refusal, and advise the person, his authorized representative or attorney of the right to seek judicial relief. When any person, attorney or authorized representative, having obtained access to any record, believes there are factually inaccurate entries or materials contained therein, he shall have the unqualified right to add a statement to the record setting forth what he believes to be an accurate statement of those facts, and said statement shall become a permanent part of said record.
(n) (1) Any person, attorney or authorized representative aggrieved by a violation of subsection (b), (f), (g), (h), (i), (j) or (l) of this section or of subsection (m) of this section, except subdivision (2) of said subsection (m), may seek judicial relief in the same manner as provided in section 52-146j; (2) any person, attorney or authorized representative denied access to records by the commissioner under subdivision (2) of subsection (m) of this section may petition the superior court for the venue district provided in section 46b-142 in which the person resides for an order requiring the commissioner to permit access to those records, and the court after hearing, and an in camera review of the records in question, shall issue such an order unless it determines that to permit such access would be contrary to the best interests of the person or authorized representative.
(o) The commissioner shall promulgate regulations pursuant to chapter 54, within one year of October 1, 1996, to establish procedures for access to and disclosure of records consistent with the provisions of this section.
(P.A. 75-524, S. 20, 30; P.A. 77-246, S. 12; P.A. 78-280, S. 30, 127; P.A. 91-299, S. 1; P.A. 96-246, S. 17; P.A. 97- 104; 97-259, S. 25, 41; 97-319, S. 8, 22; P.A. 98-70, S. 2; 98-239, S. 17, 35.)
History: P.A. 77-246 amended Subsec. (c) to add Subdiv. (5); P.A. 78-280 replaced juvenile court with superior court and specified "venue" districts in Subsec. (f); Sec. 17-431 transferred to Sec. 17a-28 in 1991; P.A. 91-299 in Subsec. (a) amended definitions of "person", "attorney", "authorized representative", "consent", and "records" added definition of "disclose", in Subsec. (b) added provisions re confidentiality and criminal penalty, added a new Subsec. (c) re disclosure of records to state's attorney and relettered remaining Subsecs. accordingly, amended Subsec. (d) by adding Subdivs. (1) to (10), inclusive, re disclosure of records without consent of a person and making existing Subdiv. (4) a new Subsec. and renumbering the Subparas. as Subdivs., added a new Subsec. (f) re confidentiality of a person reporting child abuse or neglect, added a new Subsec. (g) re confidentiality of name of person cooperating with investigation of child abuse or neglect, added a new Subsec. (h) re disclosure of child abuse or neglect investigation, amended existing Subsec. (d) re disclosure without written consent of a person, except in criminal cases with a court order, amended existing Subsec. (e) by adding new Subdivs. (1) and (2) re disclosure of information concerning person reporting child abuse and neglect, amended existing Subsec. (f) by making technical changes and amended existing Subsec. (g) requiring submittal of regulations re disclosure of records; P.A. 96-246 amended Subsec. (a)(5) by changing reference to Subsec. (g) of Sec. 17a-101 to Sec. 17a-101e, amended Subsecs. (b), (c) and (d) by adding provisions re disclosure of records and disclosure of information by commissioner or designee when child abuse incident has been made public or publication likely and disclosure of information re agencies licensed by department, amended Subsec. (e) by adding law enforcement agency and provided disclosure of petitions and affidavits pled in superior court for juvenile matters, amended Subsec. (f)(7) to provide disclosure to reporter of child abuse action taken by the department in general terms, amended Subsec. (f)(8) permitting disclosure to Governor, committee on judiciary and committee having cognizance of matters involving children, added Subsec. (j) permitting commissioner, upon request of employee, to disclose records necessary for employee disciplinary hearing or appeal and amended Subsec. (n) by changing "1991" to "1996"; P.A. 97-104 amended Subsec. (e) by adding Subdivs. (3) and (4) re provision of copies of records to an attorney or guardian ad litem appointed to represent a child in litigation affecting the best interests of the child; P.A. 97-259 amended Subsec. (e) to allow copies to be provided to the Department of Public Health for the purpose of determining suitability of a person to care for children in conjuction with the department's day care licensure function and to the Department of Social Services for the purpose of determining the suitability of a person for any payment from the department for providing child care, effective July 1, 1997; P.A. 97-319 amended Subsec. (e) by adding Subdivs. (3) and (4) re provision of copies of records to state agencies and the Governor, amended Subsec. (f) to expand disclosure of records to include all communications and made changes consistent with changes in Subsec. (e), amended Subsec. (h) by adding Subdivs. (4) and (5) re disclosure to judges and child placing agencies and schools, amended Subsec. (l) to prohibit the release of information identifying a person upon determination a reporter knowingly made a false report and made technical changes, effective July 1, 1997; P.A. 98-70 amended Subsec. (f) by adding new Subdivs. (10) and (11), (codified as Subsec. (g)(11) and (12) due to the relettering of Subsecs. and other amendments in P.A. 98-239), providing for disclosure of records to judge of Superior Court for determining appropriate disposition of child and to superintendents or designees of state-operated facilities within Department of Children and Families; P.A. 98-239 amended Subsec. (a) to add definition of "near fatality" as Subdiv. (7), added new provision as Subsec. (d) to require commissioner to make available to the public information re an incident of abuse or neglect which resulted in a child fatality or near fatality, relettered former Subsecs. (d) to (n) as (e) to (o), amended Subsec. (f)(6) to require commissioner to provide copies of records, upon request, to any state agency which licenses such person to educate children pursuant to section 10-145b, added new Subsec. (f)(8), requiring commissioner to provide to a local or regional board of education, upon request, copies of educational records created or obtained by the state or Connecticut-Unified School District #2 and to expand disclosure of department or nondepartment records to all persons or entities specified in Subsec. (f), eliminating reference to "such law enforcement agency or attorney", amended Subsec. (g)(4) to allow commissioner, when he determines it to be in a child's best interest, to disclose department or nondepartment records that are not privileged or confidential to public or private agencies responsible for a child's education, added new Subsec. (g)(10), authorizing disclosure of records to the Department of Social Services, provided the information disclosed is necessary to promote the health, safety and welfare of the child, and made technical changes throughout (Revisor's note: The reference in Subsec. (n)(2) to "... subdivision (2) of subsection (l) of this section ..." was changed editorially by the Revisors to "... subdivision (2) of subsection (m) of this section ..." to reflect the relettering of Subsecs. by P.A. 98-239).
Annotations to former section 17-431:
Cited. 230 C. 43, 58.
Subsec. (b):
Cited. 8 CA 216, 240.
Annotations to present section:
Cited. 230 C. 43, 57, 58.
Cited. 40 CA 233, 239−242.
Subsec. (b):
Cited. 230 C. 43, 57.
Cited. 40 CA 233, 242, 243.
Subsec. (c):
Cited. 230 C. 43, 57.
Cited. 40 CA 233, 243.
Subsec. (i):
Cited. 40 CA 233, 243.

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Sec. 17a-29. (Formerly Sec. 17-433). Committal or transfer of persons under age of eighteen prohibited; exception. On and after July 1, 1979, no person under the age of eighteen shall be committed, admitted or transferred to any state hospital for mental illness, as defined in section 17a-495, other than a hospital administered by the Commissioner of Children and Families.
(P.A. 75-524, S. 22, 30; P.A. 77-148, S. 1, 2; P.A. 78-219, S. 6; P.A. 93-91, S. 1, 2.)
History: P.A. 77-148 added "On and after July 1, 1978,"; P.A. 78-219 changed year to 1979 and extended applicability to admissions to hospitals for mental illness; Sec. 17-433 transferred to Sec. 17a-29 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.

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Sec. 17a-30. (Formerly Sec. 17-434). Regional advisory councils. Appointment and terms. (a) The commissioner shall create regions consistent with the subdistricts established by the council on human services pursuant to subsection (a) of section 4- 60n of the general statutes, revision of 1958, revised to 1975, and shall create in each such region a regional advisory council to advise the commissioner on the development and delivery of services of the department in that region and to facilitate the coordination of services for children, youth and their families in the region.
(b) Each regional advisory council shall consist of no more than twenty-one persons, a majority of whom shall be persons who earn less than fifty per cent of their salaries from the provision of services to children, youth and their families, and the balance representative of private providers of human services throughout the region. The commissioner shall appoint one-third of the representatives of each group for a term of three years, one-third for a term of two years, and one-third for a term of one year. No person may serve more than two consecutive terms. All subsequent appointments to replace those whose terms have expired shall be for a term of three years. All members shall serve without compensation. Each regional advisory council shall elect a chairman and a vice-chairman to act in the chairman's absence. Each regional advisory council shall meet at least quarterly, or more often at the call of the chairman or a majority of the council members. Any member who fails to attend three consecutive meetings or fifty per cent of all meetings during any calendar year shall be deemed to have resigned. A majority of the members in office, but not less than six members shall constitute a quorum.
(P.A. 75-524, S. 23, 30; P.A. 77-511, S. 2; P.A. 84-256, S. 13, 17.)
History: P.A. 77-511 specified Sec. 4-60n as it appears in 1975 edition of statutes; P.A. 84-256 specified facilitation of coordination of services as duty of councils, added meeting, attendance and quorum requirements, required that a majority of members of each council be persons who earn less than fifty per cent of their salaries from provision of services to children, youth and their families, and deleted provision authorizing reimbursement of members for expenses incurred in performance of duties; Sec. 17-434 transferred to Sec. 17a-30 in 1991.
See title 2c re termination under "Sunset Law".

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Sec. 17a-31. (Formerly Sec. 17-435). Transfer of administration and control of certain institutions, facilities and personal property to Commissioner of Children and Families. Transfer of certain funds. (a) The Commissioner of Mental Health and Addiction Services shall contract with the Commissioner of Children and Families for the transfer of administration and control over the following institutions and facilities and personal property from the Commissioner of Mental Health and Addiction Services to the Commissioner of Children and Families (1) the children's unit at Connecticut Valley Hospital including the Silvermine building and the school activities complex at Connecticut Valley Hospital and the three cottages surrounding the Silvermine building presently known as Cottages A, B, and C, together with certain real property the precise boundaries of which shall be agreed upon by both commissioners; and (2) those buildings and other real property located at Fairfield Hills Hospital which both commissioners agree should constitute an adolescent unit at said hospital.
(b) The Secretary of the Office of Policy and Management shall determine the pro rata annual cost to the Department of Mental Health and Addiction Services for the continued maintenance and services of those facilities shared by the Department of Mental Health and Addiction Services and the Department of Children and Families pursuant to subsection (a) of this section. That sum, representing the pro rata annual cost of such maintenance and services shall be transferred annually from the budget of the Department of Children and Families to the budget of the Department of Mental Health and Addiction Services for the cost of such maintenance and services.
(P.A. 75-524, S. 24, 30; P.A. 77-220, S. 3, 5; 77-614, S. 19, 610; P.A. 93-91, S. 1, 2; 93-216, S. 3; P.A. 95-257, S. 11, 58.)
History: P.A. 77-220 amended Subsec. (a) to remove July 1, 1975, deadline for transfers and to make transfer in Subdiv. (5) of entire Undercliff Mental Health Center rather than of Adolescent Drug Rehabilitation Unit and other buildings; P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management in Subsec. (b); Sec. 17-435 transferred to Sec. 17a-31 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. 93-216 amended Subsec. (a) by removing certain institutions from the control of the commissioner of children and families; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995.
See title 2c re termination under "Sunset Law".

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Sec. 17a-32. (Formerly Sec. 17-435a). Names of children's facilities designated. (a) The name of the Department of Children and Families facility at Connecticut Valley Hospital shall be Riverview Hospital for Children and Youth.
(b) The name of the Department of Children and Families facility in the city of Middletown shall be Long Lane School*.
(c) The name of the Department of Children and Families facility in the town of East Windsor shall be the Connecticut Children's Place.
(d) The name of the Department of Children and Families facility in the town of Hamden shall be High Meadows.
(e) The name of the Department of Children and Families facility in the town of Hartland shall be the Wilderness School.
(P.A. 77-43; P.A. 80-28, S. 1; P.A. 92-14, S. 1; P.A. 93-91, S. 1, 2; 93-216, S. 4; P.A. 97-44; P.A. 99-26, S. 21, 39.)
*Note: Upon the filing with the Governor and the General Assembly of a written certification by the Commissioner of Children and Families that the new Connecticut Juvenile Training School is operational, "the Connecticut Juvenile Training School" shall be substituted for "Long Lane School".
History: P.A. 80-28 added Subsecs. (b) to (d); Sec. 17-435a transferred to Sec. 17a-32 in 1991; P.A. 92-14 deleted Subsec. (b) re Greater Bridgeport Children's Services Center, relettered the remaining Subsecs. and added new Subsecs. (d) to (g), inclusive; 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. 93-216 amended Subsec. (a) to change the name of Riverview Hospital for Children to Riverview Hospital for Children and Youth, deleted Subsecs. (b) and (c) which designated Henry D. Altobello Children and Youth Center at Undercliff Mental Health Center and Housatonic Adolescent Hospital at Fairfield Hills Hospital and renumbered the remaining Subsecs. accordingly; P.A. 97-44 amended Subsec. (c) to change the name of the state receiving home to the Connecticut Children's Place; P.A. 99-26 amended Subsec. (b) to change the name of Long Lane School to the Connecticut Juvenile Training School, 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.

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Sec. 17a-33. (Formerly Sec. 17-435c). Undercliff Mental Health Center buildings and facilities under the control of the Department of Mental Retardation. (a) Those buildings, facilities and other real property at Undercliff Mental Health Center not under the supervision and control of the Department of Mental Health and Addiction Services, and not transferred to the Department of Children and Families under section 17a-31, shall continue to be under the supervision and control of the Department of Mental Retardation, including, but not limited to Kimball House, Cold Spring Home, and any replacement of such buildings; and approximately six acres of land situated southwest of the intersection of Route 71 and Undercliff Road in Meriden, the precise boundaries of which shall be mutually agreed upon by the Commissioners of Children and Families and Mental Retardation, shall be transferred to said Department of Mental Retardation.
(b) If at any time, because of reconstruction or rehabilitation of the facilities under the supervision and control of the Department of Mental Retardation, it becomes necessary to transfer the patients therein to another facility, such patients shall be placed in group homes in the immediate region or in suitable, segregated areas of the facilities of the Department of Children and Families at said center which shall be mutually agreed upon by the commissioners of said departments.
(P.A. 77-220, S. 4, 5; P.A. 93-91, S. 1, 2; P.A. 95-257, S. 11, 58.)
History: Sec. 17-435c transferred to Sec. 17a-33 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- 257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995.

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Secs. 17a-34 and 17a-35. (Formerly Secs. 17-435e and 17-435f). Transfer of Bryan Building at Norwich Hospital to Department of Public Works. Transfer of Ray Building at Norwich Hospital to Department of Mental Health. Sections 17a- 34 and 17a-35 are repealed.
(P.A. 79-232; 79-628; P.A. 93-126, S. 1, 3; P.A. 87-496, S. 84, 110; P.A. 93-216, S. 8.)

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Sec. 17a-36. (Formerly Sec. 17-439). Financial liability for services. The Commissioner of Administrative Services shall determine financial liability for services in psychiatric clinics and day treatment programs operated or funded by the Department of Children and Families and the same persons and estates as are legally liable for support of patients in state humane institutions shall be liable for payment of such charges in accordance with subsection (c) of section 4a-12 and subsection (b) of section 17b-223.
(P.A. 75-524, S. 28, 30; P.A. 77-614, S. 70, 610; P.A. 90-119, S. 1; P.A. 93-91, S. 1, 2.)
History: P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 90-119 authorized the commissioner of administrative services to determine financial liability for services in such clinics and programs operated or funded by the department of children and youth services in accordance with sections 4a-12 and 17-295, deleting provision which had required consultation with children and youth services commissioner to establish sliding scale of charges; Sec. 17-439 transferred to Sec. 17a-36 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.

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Sec. 17a-37. (Formerly Sec. 17-441). Establishment of school district in the Department of Children and Families. Unified School District #2. (a) The Commissioner of Children and Families shall establish a school district within the Department of Children and Families, for the education or assistance of any child or youth who resides in or receives day treatment at any state-operated institution or facility within that department and whose needs require that his education be provided within the institution in which he resides or at which he receives day treatment. The school district shall be known as State of Connecticut-Unified School District #2. The Commissioner of Children and Families shall administer, coordinate and control the operations of the school district and shall be responsible for the overall supervision and direction of all courses and activities of the school district and shall establish such vocational and academic education, research and statistics, training and development services and programs as he considers necessary or advisable in the best interests of the persons benefiting therefrom. The commissioner or his designee shall be the superintendent of said district and shall act in accordance with the applicable provisions of section 10-157.
(b) The superintendent of the school district shall have the power to (1) establish and maintain within the Department of Children and Families such schools of different grades as he may from time to time require and deem necessary; (2) establish and maintain within the department such school libraries as may from time to time be required in connection with the educational courses, services and programs authorized by this section; (3) purchase, receive, hold and convey personal property for school purposes and equip and supply such schools with necessary furniture and other appendages; (4) make agreements and regulations for the establishing and conducting of the district's schools and employ and dismiss, in accordance with the applicable provisions of section 10-151, such teachers as are necessary to carry out the intent of this section and to pay their salaries; (5) receive any federal funds or aid made available to the state for such programs and shall be eligible for and may receive any other funds or aid whether private, state or otherwise, to be used for the purposes of this section.
(c) The superintendent of the school district may cooperate with the federal government in carrying out the purposes of any federal law pertaining to the education of students within his school district, and may adopt such methods of administration as are found by the federal government to be necessary, and may comply with such conditions as may be necessary to secure the full benefit of all such federal funds available.
(d) The Commissioner of Children and Families shall annually evaluate the progress and accomplishments of the school district established in accordance with subsection (a) of this section. Said commissioner shall submit annual evaluation reports to the Commissioner of Education in order to apprise the State Board of Education of the true condition, progress and needs of said school district. Said commissioner shall follow procedures adopted by the Commissioner of Education in preparation of annual evaluation reports.
(P.A. 75-539, S. 1−3, 4; P.A. 77-614, S. 302, 610; P.A. 80-26, S. 1, 2; P.A. 83-169, S. 1; P.A. 93-91, S. 1, 2.)
History: P.A. 77-614 replaced secretary of the state board of education with commissioner of education, effective January 1, 1979; P.A. 80-26 included children or youths receiving day treatment; P.A. 83-169 changed name designation of school district to State of Connecticut-Unified School District #2; Sec. 17-441 transferred to Sec. 17a-37 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. 10-15d re applicability of education general statutes to special school district.

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Sec. 17a-38. (Formerly Sec. 17-441a). Home-based treatment programs. The Department of Children and Families shall develop or contract for home-based treatment programs designed to provide time-limited, home-based services to families where a child is in imminent danger of being removed from the home and placed in foster care, residential treatment or a psychiatric hospital setting. Such programs shall be designed to prevent the unnecessary separation of children by providing intensive in-home services when an acute crisis threatens the ability of the family to remain together. Intervention may include, but shall not be limited to, intensive family, individual and marriage counseling, training in communication and negotiation skills, training in home maintenance skills, behavioral management training, parent training, child development training, job readiness training, client advocacy and arrangement for other services.
(P.A. 87-383, S. 1, 2; P.A. 90-287, S. 2; P.A. 93-91, S. 1, 2.)
History: P.A. 90-287 deleted reference to two demonstration programs and expanded the types of counseling and training intervention to include marriage counseling and communication, negotiation skills training, home maintenance skills training, child development training and job readiness training; Sec. 17-441a transferred to Sec. 17a-38 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.

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Secs. 17a-39 to 17a-41. Transferred to Chapter 164, Part I, Secs. 10-19m to 10- 19p, inclusive.

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Sec. 17a-42. (Formerly Sec. 17-444). Photo-listing service established. (a) There is established within the Department of Children and Families a photo-listing service which shall include, but need not be limited to, a book and an electronic format containing a photograph and description of each child to be photo-listed. Such book and its electronic format shall be distributed to all child care and child-placing agencies, as such terms are defined in section 45a-707, and to other organizations concerned with adoption. Such photo-listing service shall recruit adoptive families for children who are legally free for adoption under section 45a-725, and have remained in foster care or institutions for a period of thirty days or more, such thirty days to include any period of foster or institutional care immediately preceding the date on which such child was legally free for adoption. The Commissioner of Children and Families shall employ under his direction and control such persons as he deems necessary for the effective performance of such photo-listing service.
(b) Under sections 17a-112 and 45a-717, the court may order that a child be photo- listed within thirty days of the termination of parental rights as a condition of granting an order of termination of parental rights if the court determines that it is in the best interests of the child. The court shall not order that a child twelve years of age or older be photo-listed unless such child consents to such photo-listing.
(c) Said commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement and maintain a photo-listing service. Such regulations shall include, but not be limited to, procedures for registration of children with the photo- listing service and format and media selection for presenting photo-listed children to the public. The commissioner shall, within available appropriations, establish, maintain and distribute a photo-listing service book. The commissioner, within available appropriations, shall contract with a nonprofit agency to establish and maintain the photo- listing service in its electronic format.
(P.A. 77-379, S. 1; P.A. 93-91, S. 1, 2; P.A. 00-137, S. 6.)
History: Sec. 17-444 transferred to Sec. 17a-42 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 (Revisor's note: The words "the department of" in the phrase "commissioner of the department of children and youth services" were deleted editorially by the Revisors to conform with customary statutory usage); P.A. 00-137 amended Subsec. (a) by adding provisions re electronic format and changing eligibility period from three months to thirty days, added new Subsec. (b) re court-ordered photo-listing of child, redesignated former Subsec. (b) as Subsec. (c) and amended Subsec. (c) by deleting requirement that photo-listing service be within department and adding provisions requiring commissioner, within available appropriations, to establish, maintain and distribute photo-listing service book and to contract for establishment and maintenance of electronic format.

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Sec. 17a-43. (Formerly Sec. 17-444a). Registration with photo-listing service. (a) Each child legally free for adoption, for whom the photo-listing service may recruit an adoptive family under subsection (a) of section 17a-42, shall, and any other such legally free child may, be registered with the photo-listing service within ten working days of becoming a child for whom such service may recruit an adoptive family. Each such registration shall include a recent photograph and written description of the child. Each such registration shall be reported to the court that ordered termination of parental rights.
(b) All changes in the status of a registered child shall be reported by the child care or child-placing agency to the photo-listing service within five working days after such change has occurred.
(c) Children remaining registered for a period in excess of twelve months shall have their photograph and written description updated within fifteen working days of the expiration of the twelfth month of their registration and every twelve months thereafter.
(d) A child's registration shall be withdrawn when the photo-listing service has been notified in writing that the child has been adopted, has reached his or her fourteenth birthday and will not consent to an adoption plan or has died.
(P.A. 77-379, S. 2; P.A. 00-137, S. 7.)
History: Sec. 17-444a transferred to Sec. 17a-43 in 1991; P.A. 00-137 amended Subsec. (a) to provide that each registration shall be reported to the court that ordered termination of parental rights.

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Sec. 17a-44. (Formerly Sec. 17-444b). Status of photo-listed children. Referral to national adoption exchanges. (a) The photo-listing service shall semiannually check the status of photo-listed children for whom inquiries have been received. Periodic checks shall be made by such service to determine the progress toward adoption of such children and the status of those children registered but never photo-listed because of placement in an adoptive home prior to or at the time of registration.
(b) The commissioner shall refer appropriate children to national adoption exchanges when an adoptive family has not been identified within one hundred eighty days of the termination of the parental rights. The commissioner shall establish criteria by which a determination may be made that a referral to national exchanges is not necessary, and the commissioner shall monitor the status of those children not referred.
(P.A. 77-379, S. 3; P.A. 00-137, S. 8.)
History: Sec. 17-444b transferred to Sec. 17a-44 in 1991; P.A. 00-137 designated existing provisions as Subsec. (a) and added Subsec. (b) re referral of appropriate children to national adoption exchanges.

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Sec. 17a-45. (Formerly Sec. 17-444c). Referral to photo-listing service. Any child care or child-placing agency may voluntarily refer any such child to the photo- listing service or, the photo-listing service may determine that the recruitment of an adoptive family through the photo-listing service is appropriate for a child not registered with that service and require the child to be so registered and the child care or child- placing agency shall register that child with the photo-listing service.
(P.A. 77-379, S. 4.)
History: Sec. 17-444c transferred to Sec. 17a-45 in 1991.

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Sec. 17a-46. (Formerly Sec. 17-444d). Deferral of photo-listing a child. (a) Deferral of the photo-listing of a child shall be for one or more of the following reasons: (1) The child is in an adoptive placement but is not legally adopted; (2) the child's foster parents or other individuals are now considering adoption; (3) diagnostic study or testing is required to clarify the child's problem and provide an adequate description; (4) the child is currently in a hospital and continuing need for daily professional care will not permit placement in a family setting; or (5) the child is fourteen years of age or older and will not consent to an adoption plan.
(b) Approval of a request to defer photo-listing for any of the reasons specified in subdivision (2) or (3) of subsection (a) shall be valid for a period not to exceed ninety days. There shall be no subsequent deferrals for said reasons.
(P.A. 77-379, S. 5.)
History: Sec. 17-444d transferred to Sec. 17a-46 in 1991.

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Sec. 17a-47. (Formerly Sec. 17-445). Legal division re child abuse and neglect. There shall be a legal division which shall consist of attorneys-at-law assigned to each regional office of the department, who shall be assistant attorneys general on the staff and under the direct supervision of the Attorney General. Said division shall diligently prosecute petitions of neglect giving priority to petitions which allege child abuse as the grounds of neglect. The Department of Children and Families shall cooperate with such attorneys in preparation of their cases and shall render such assistance to them as shall be necessary to protect the best interest of the child named in the petition.
(P.A. 77-577, S. 1; P.A. 93-91, S. 1, 2; 93-216, S. 5.)
History: Sec. 17-445 transferred to Sec. 17a-47 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. 93-216 removed the legal division from the department of children and youth services, removed the reference to three attorneys-at-law, placed the attorneys under the direct supervision of the attorney general and deleted provision which had stated that legal division not to be considered a replacement for, but an addition to, attorney general's staff responsible for prosecuting petitions for neglected, uncared for and dependent children.
See Sec. 17a-106 re cooperative efforts to prevent, identify and treat child abuse and neglect.
See Sec. 53a-196a re felony offense of employing minor in obscene performance.
Commissioner or commissioner's designee has express authority to prepare, sign and file petitions for termination of parental rights. 247 C. 1.

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Sec. 17a-48. (Formerly Sec. 17-445a). Commissioner to take custody of child who is victim of employment in obscene performance. Section 17a-48 is repealed.
(P.A. 77-577, S. 3; P.A. 93-91, S. 1, 2; P.A. 96-246, S. 38.)

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Sec. 17a-49. (Formerly Sec. 17-446). Grants for programs to treat and prevent child abuse and neglect and programs for juvenile criminal diversion. (a) The Commissioner of Children and Families shall, upon application of any public or private organization or agency, make grants, within available appropriations, to develop and maintain programs for the treatment and prevention of child abuse and neglect, including, but not limited to, child protection teams and parent aid programs.
(b) The Commissioner of Children and Families shall, upon application of any public or private organization or agency, make grants, within available appropriations, to develop and maintain programs for juvenile criminal diversion.
(P.A. 79-447, S. 1, 3; P.A. 82-295, S. 1, 2; P.A. 93-91, S. 1, 2; P.A. 96-194, S. 1.)
History: P.A. 82-295 added Subsec. (b) authorizing commissioner, effective July 1, 1982, to make grants to develop and maintain juvenile criminal diversion programs; Sec. 17-446 transferred to Sec. 17a-49 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 amended Subsec. (a) by deleting a provision prohibiting a grant from providing more than seventy-five per cent of the total cost of any program.
See Sec. 17a-101 re protection of children from abuse.

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Sec. 17a-50. (Formerly Sec. 17-500). Children's Trust Fund established. Regulations. Children's Trust Fund Council established. Report. (a) There is established a Children's Trust Fund the resources of which shall be used by the council established pursuant to subsection (b) of this section, to fund programs aimed at preventing child abuse and neglect and family resource programs. Said fund is intended to be in addition to those resources that would otherwise be appropriated by the state for programs aimed at preventing child abuse and neglect and family resource programs. The Children's Trust Fund Council may apply for and accept any federal funds which are available for a Children's Trust Fund and shall administer such funds in the manner required by federal law. The fund shall receive money from grants and gifts made pursuant to section 17a-18. The Children's Trust Fund Council shall adopt regulations, in accordance with the provisions of chapter 54, to administer the fund and to set eligibility requirements for programs seeking funding. Youth service bureaus may receive funds from the Children's Trust Fund.
(b) There shall be established, within existing resources, a Children's Trust Fund Council which shall be within the Department of Children and Families for administrative purposes only. The council shall be composed of sixteen members as follows: (1) The Commissioners of the Departments of Social Services, Education, Children and Families and Public Health, or their designees; (2) a representative of the business community with experience in fund-raising, appointed by the president pro tempore of the Senate; (3) a representative of the business community with experience in fund-raising, appointed by the speaker of the House of Representatives; (4) a representative of the business community with experience in fund-raising, appointed by the minority leader of the House of Representatives; (5) a representative of the business community with experience in fund-raising, appointed by the minority leader of the Senate; (6) a parent, appointed by the majority leader of the House of Representatives; (7) a parent, appointed by the majority leader of the Senate; (8) a parent, appointed by the president pro tempore of the Senate; (9) a person with expertise in child abuse prevention, appointed by the speaker of the House of Representatives; (10) a person with expertise in child abuse prevention, appointed by the minority leader of the House of Representatives; (11) a staff member of a child abuse prevention program, appointed by the minority leader of the Senate; (12) a staff member of a child abuse prevention program, appointed by the majority leader of the House of Representatives; and (13) a pediatrician, appointed by the majority leader of the Senate. The council shall solicit and accept funds, on behalf of the Children's Trust Fund, to be used for the prevention of child abuse and neglect and family resource programs and shall make grants to programs pursuant to subsection (a) of this section.
(c) On or before July 1, 1997, and annually thereafter, the Children's Trust Fund Council shall report to the joint standing committees of the General Assembly having cognizance of matters relating to human services, public health and education concerning the source and amount of funds received by the Children's Trust Fund and the manner in which such funds were administered and disbursed.
(June Sp. Sess. P.A. 83-20, S. 2, 4; P.A. 85-582, S. 1, 8; P.A. 89-336, S. 2, 6; P.A. 93-91, S. 1, 2; P.A. 97-237, S. 1, 3.)
History: P.A. 85-582 transferred authority of children and youth services department to council, deleted reference to grants and gifts made pursuant to Sec. 17-422, substituting references to grants and gifts received pursuant to Sec. 17-501 and to proceeds of copyrights pursuant to Sec. 17-502 and added authority to expend resources for purposes other than the prevention of child abuse; Sec. 17-446a transferred to Sec. 17-500 in 1987; P.A. 89-336 amended Subsec. (a) to require that the resources of the trust fund be used by the department of children and youth services with the advice of the council and to allow the commissioner of children and youth services to apply for and accept federal funds, added a new Subsec. (b) re the children's trust fund council and added a new Subsec. (c) re the report to the general assembly; Sec. 17-500 transferred to Sec. 17a-50 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. 97-237 amended Subsec. (a) by replacing references to Department and Commission of Children and Families with Children's Trust Fund Council, authorizing council to also fund family resource programs and programs preventing neglect and making technical changes, amended Subsec. (b) by placing the council within the Department of Children and Families for administrative purposes and by increasing the membership in the council from nine to sixteen and amended Subsec. (c) to require report to be submitted to the legislative committees on public health and education, effective July 1, 1997.
See Sec. 4-38f for definition of "administrative purposes only".

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Sec. 17a-51. (Formerly Sec. 17-447). Plan for the reduction of the number of children receiving foster care assistance. Section 17a-51 is repealed.
(P.A. 82-219; P.A. 93-216, S. 8.)

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Sec. 17a-52. Youth Suicide Advisory Board established. Composition. (a) There is established a Youth Suicide Advisory Board, within the Department of Children and Families, which shall be a coordinating source for youth suicide prevention. The board shall consist of twenty members, which shall include one psychiatrist licensed to practice medicine in this state, one psychologist licensed in this state, one representative of a local or regional board of education, one high school teacher, one high school student, one college or university faculty member, one college or university student and one parent, all appointed by the Commissioner of Children and Families, one representative of the Department of Public Health appointed by the Commissioner of Public Health, one representative of the state Department of Education appointed by the Commissioner of Education and one representative of the Department of Higher Education appointed by the Commissioner of Higher Education. The balance of the board shall be comprised of persons with expertise in the mental health of children or mental health issues with a focus on suicide prevention and shall be appointed by the Commissioner of Children and Families. Members of the board shall serve for two-year terms, without compensation. Any member who fails to attend three consecutive meetings or fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from the board. The Commissioner of Children and Families shall be a nonvoting, ex-officio member of the board. The board shall elect a chairman, and a vice-chairman to act in the chairman's absence.
(b) The board shall: (1) Increase public awareness of the existence of youth suicide and means of prevention; (2) make recommendations to the commissioner for the development of state-wide training in the prevention of youth suicide; (3) develop a strategic youth suicide prevention plan; (4) recommend interagency policies and procedures for the coordination of services for youth and families in the area of suicide prevention; (5) make recommendations for the establishment and implementation of suicide prevention procedures in schools and communities; (6) establish a coordinated system for the utilization of data for the prevention of youth suicide; and (7) make recommendations concerning the integration of suicide prevention and intervention strategies into other youth focused prevention and intervention programs.
(P.A. 89-191, S. 1; P.A. 93-91, S. 1, 2; 93-381, S. 14, 39; P.A. 95-257, S. 12, 21, 58.)
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. 93-381 replaced commissioner and department of health services with commissioner and department of public health and addiction services and made technical changes, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

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Sec. 17a-53. Training manual for youth suicide prevention programs. The Department of Children and Families shall develop, within available resources, a training manual for youth suicide prevention programs.
(P.A. 89-191, S. 4; P.A. 93-91, S. 1, 2.)
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.

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Sec. 17a-54. Parent education and support centers. The Department of Children and Families shall establish, within available appropriations, community-based, multiservice parent education and support centers. The goal of each center shall be to improve parenting and enhance family functioning in order to provide children and youth increased opportunities for positive development. Each center shall provide (1) parent education and training services; (2) parent support services; (3) information about and coordination of other community services; (4) consultation services; and (5) coordination of child care and transportation services to facilitate participation in the center's programs. Each center shall conduct outreach programs and shall be accessible with respect to schedule and location.
(P.A. 90-287, S. 3; P.A. 93-91, S. 1, 2.)
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.

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Sec. 17a-55. Awarding of grants to community service programs based upon effectiveness. The Commissioner of Children and Families shall implement a system of awarding grants to community service programs whereby such programs are funded proportionate to their effectiveness in treating clients of the department. The evaluation of a program shall be based on (1) an analysis of program outcomes; (2) an assessment of regional needs for treatment services; and (3) the availability of the program to clients of the department. The Department of Children and Families shall collect, maintain and analyze the data to be used in the evaluation process on an ongoing basis. The commissioner shall impose a probationary period on a program found to be ineffective and shall propose requirements for the improvement of such a program. The commissioner shall determine the length of the probationary period and shall cease to fund a program which has not met the proposed requirements for improvement within such period.
(P.A. 91-268, S. 2, 4; P.A. 93-91, S. 1, 2.)
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.

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Sec. 17a-56. Healthy Families Connecticut established. (a) The Commissioner of Children and Families shall establish the structure for a state-wide system for Healthy Families Connecticut, which is based on the national Healthy Families model, and which is intended to demonstrate the benefits of preventive services by significantly reducing the abuse and neglect of infants and by enhancing parent-child relationships through hospital-based assessment with home outreach follow-up on infants and their families within families identified as high risk.
(b) Within available appropriations, the Commissioner of Children and Families shall establish healthy families pilot programs in geographic areas which are not currently served by prevention outreach services and which have a high rate of confirmed child abuse and neglect, a high rate of infant mortality and low birthweight infants, or a high rate of teen pregnancy. On and after July 1, 1997, the commissioner shall establish three additional pilot sites. Services shall be provided on a voluntary basis to families identified through the assessment process as having a high risk of child abuse or neglect.
(c) The healthy families pilot programs shall: (1) Provide a comprehensive risk assessment of all newborn children and their families; (2) identify families that would benefit most from the program; (3) provide and coordinate support services including, but not limited to, community-based home visiting intervention services, counseling, child care and primary health care services; and (4) provide follow-up and support services until the child attains the age of five.
(d) The Commissioner of Children and Families shall: (1) Develop the comprehensive risk assessment to be used by the pilot programs; (2) develop the training program, standards, and protocols for the pilot programs; and (3) develop, issue and evaluate requests for proposals to procure the services required by this section. In evaluating the proposals, the commissioner shall take into consideration the most effective and consistent service delivery system allowing for the continuation of current public and private programs.
(e) The Commissioner of Children and Families shall establish a data system to enable the pilot programs to document the following information in a standard manner: (1) The level of screening and assessment; (2) profiles of risk and family demographics; (3) the incidence of child abuse and neglect; (4) rates of child development; and (5) any other information the commissioner deems appropriate.
(f) The Commissioner of Children and Families shall report to the General Assembly on the establishment, implementation and progress of Healthy Families Connecticut, on January first and July first, of each year. The first report shall be due on January 1, 1996.
(P.A. 95-238, S. 1; P.A. 97-288, S. 2, 6.)
History: P.A. 97-288 amended Subsec. (b) by adding provision requiring the commissioner to establish three additional pilot sites, effective July 1, 1997.
Cited. 44 CS 551. P.A. 95-238 cited. Id.

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Sec. 17a-56a. Healthy Family Advisory Commission. (a) There is established a Healthy Families Advisory Commission to monitor the state-wide system for Healthy Families Connecticut developed pursuant to section 17a-56. The commission shall consist of: (1) One member appointed by the speaker of the House of Representatives and one member appointed by the president pro tempore of the Senate, who shall be members of the General Assembly; (2) one member appointed by the minority leader of the House of Representatives and one member appointed by the minority leader of the Senate, who shall be members of the General Assembly; (3) a representative of the Governor; (4) the Commissioner of Children and Families, or his designee; (5) the Commissioner of Social Services, or his designee; (6) the Commissioner of Public Health, or his designee; (7) the Commissioner of Education, or his designee; (8) the Secretary of the Office of Policy and Management, or his designee; (9) the executive director of the Commission on Children, or his designee; (10) a representative of the Child Advocate's Office, who shall be appointed by the minority leader of the House of Representatives; and (11) a representative of the Connecticut Chapter of the National Committee to Prevent Child Abuse who shall be appointed by the majority leader of the Senate.
(b) The commission shall be responsible for: (1) Reviewing Healthy Families Connecticut pilot sites and advising the General Assembly on outcomes and recommending program modifications, if necessary; (2) preparing plans to implement Healthy Families Connecticut on a state-wide basis; (3) monitoring cooperative, coordinated approaches of state and private agencies involved in Healthy Families Connecticut and expanding such approaches to incorporate other, similar activities; (4) studying state and privately funded home visitation programs as an initial step in establishing a cost-effective, collaborative and comprehensive healthy families system; (5) monitoring the effects of welfare reform on the factors associated with the risk of child abuse; and (6) building a network of public and private state, regional and local organizations for the purpose of collaborating to strengthen and support families with newborns and children up to the age of five.
(P.A. 97-288, S. 1, 6.)
History: P.A. 97-288 effective July 1, 1997.

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Sec. 17a-57. Designation of emergency room nursing staff to take physical custody of infant voluntarily surrendered. Each hospital operating an emergency room shall designate all members of the emergency room nursing staff as employees authorized to take physical custody of an infant pursuant to section 17a-58. There shall be a designated employee on duty at each hospital emergency room during regular business hours. There shall be a designated place inside such hospital emergency room where physical custody may be taken.
(P.A. 00-207, S. 1.)

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Sec. 17a-58. Physical custody of infant upon voluntary surrender by parent or agent. Medical history. Identification bracelet. (a) An employee designated pursuant to section 17a-57 shall take physical custody of any infant thirty days or younger if the parent or lawful agent of the parent voluntarily surrenders physical custody of the infant to such designated employee unless the parent or agent clearly expresses an intent to return for the infant.
(b) The designated employee may request the parent or agent to provide the name of the parent or agent and information on the medical history of the infant and parents. The parent or agent is not required to provide such name or information. The designated employee may provide the parent or agent with a numbered identification bracelet to link the parent or agent to the infant. The bracelet shall be used for identification only and shall not be construed to authorize the person who possesses the bracelet to take custody of the infant on demand. The designated employee shall provide the parent or agent with a pamphlet describing the process established under sections 17a-57 to 17a- 61, inclusive, 53-21 and 53-23.
(P.A. 00-207, S. 2.)

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Sec. 17a-59. Notification of custody. Assumption of care and control by commissioner. (a) Not more than twenty-four hours after taking physical custody of the infant the designated employee shall notify, in accordance with the provisions of sections 17a-101a to 17a-101d, inclusive, the Department of Children and Families of such custody.
(b) The Commissioner of Children and Families shall assume the care and control of the infant immediately upon receipt of notice under subsection (a) of this section and shall take any action authorized under state law to achieve safety and permanency for the infant.
(c) Any infant in the care and control of the commissioner under the provisions of this section shall be considered to be in the custody of the department.
(P.A. 00-207, S. 3.)

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Sec. 17a-60. Reunification of parent with infant. Confidentiality of information provided designated employee. (a) If a person claiming to be a parent or agent of an infant left with a designated employee under section 17a-58 submits a request to the Commissioner of Children and Families for reunification with the infant, the commissioner may identify, contact and investigate such person or agent to determine if such reunification is appropriate or if the parental rights of the parent should be terminated.
(b) Information concerning a parent or agent or infant left with a designated employee shall be confidential except that notwithstanding any provision of the general statutes, such employee shall provide to the Commissioner of Children and Families all medical history information provided by the parent.
(c) Possession of a bracelet linking the parent or agent to an infant left with a designated employee if parental rights have not been terminated creates a presumption the parent or person has standing to participate in a custody hearing for the infant under chapter 319a and does not create a presumption of maternity, paternity or custody.
(P.A. 00-207, S. 4.)

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Sec. 17a-61. Public information program. The Department of Children and Families, in consultation with the Attorney General, shall prepare a public information program about the process established under sections 17a-57 to 17a-61, inclusive, 53-21 and 53-23. Such program shall include distribution to mothers and agents of a pamphlet that has the following information: (1) An explanation of the process established by sections 17a-57 to 17a-61, inclusive; (2) the legal ramifications and protections for the mother or agent; (3) what will happen to the infant; (4) how to contact the Department of Children and Families with questions and the procedures for reunification; (5) the timelines involved in termination of parental rights and adoption; and (6) any other relevant information.
(P.A. 00-207, S. 5.)

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Secs. 17a-62 to 17a-74. Reserved for future use.

PART II
COMMITMENT OF MENTALLY ILL CHILDREN