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 the Connecticut Juvenile Training 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 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.)
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 (Revisor's note: Said written
certification was filed with the Senate and House Clerks on September 20, 2001, and with the Governor on September
21, 2001).
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.
Sec. 17a-3a. Connecticut Juvenile Training School. Department duties. The
Department of Children and Families shall ensure that the Connecticut Juvenile Training
School:
(1) Completes health, mental health and educational assessments for each child
admitted to the school not later than thirty days from the date of such child's admission;
(2) Completes a written individualized treatment plan for each child admitted to
the school not later than thirty days from the date of such child's admission;
(3) Complies with the provisions of sections 46a-150 to 46a-154, inclusive, regarding the use of physical restraints, medication and seclusion of children at the school;
(4) Provides training to all staff at the school regarding their mandatory child abuse
and neglect reporting obligations under section 17a-101;
(5) Provides the opportunity for each child at the school to engage in at least one
hour of physical exercise per day on weekdays and at least two hours of physical exercise
per day on the weekends.
(P.A. 03-251, S. 1.)
History: P.A. 03-251 effective July 1, 2003.
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 seventeen 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. No less than fifty per
cent of the council's members shall be parents or family members of children who have
received, or are receiving, behavioral health services, child welfare services or juvenile
services and no more than half the members of the council shall be persons who receive
income from a private practice or any public or private agency that delivers mental
health, substance abuse, child abuse prevention and treatment, child welfare services
or juvenile services. Members of the council shall serve without compensation, except
for necessary expenses incurred in the performance of their duties. Members shall serve
on the council for terms of two years each and no member 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 the 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; June Sp. Sess. P.A. 01-2, S. 50, 69; June Sp. Sess. P.A. 01-9, S. 129, 131;
P.A. 03-19, S. 29.)
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; June Sp. Sess. P.A. 01-2 amended
Subsec. (a) to increase, from fifteen to seventeen, the number of members, to require that no less than fifty per cent of the
members be parents or family members of children who have received or are receiving behavioral health, child welfare
services or juvenile services and that no more than half the members be persons who receive income from a private practice
or any public or private agency that delivers mental health, substance abuse, child abuse prevention and treatment, child
welfare services or juvenile services, and to require that members serve on the council for terms of two years each, and
amended Subsec. (c) to make technical changes, effective July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of
June Sp. Sess. P.A. 01-2 but without affecting this section; P.A. 03-19 made a technical change in Subsec. (a), effective
May 12, 2003.
See title 2c re termination under "Sunset Law".
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 ex-officio voting 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)
the executive director of the Office of Protection and Advocacy for Persons with Disabilities or the director's designee; and the following public members: (A) Two members
appointed by the Governor, one of whom shall be a parent of a child who receives
behavioral health services and one of whom shall be a provider of behavioral health
services; (B) six members, one of whom shall be appointed by the president pro tempore
of the Senate, one of whom shall be appointed by the speaker of the House of Representatives, one of whom shall be appointed by the majority leader of the Senate, one of whom
shall be appointed by the majority leader of the House of Representatives, one of whom
shall be appointed by the minority leader of the Senate and one of whom shall be appointed by the minority leader of the House of Representatives, and all of whom shall
be knowledgeable on issues relative to children in need of behavioral health services
and family supports; and (C) 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-one 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 children and no more
than half the members of the committee shall be persons who receive income from a
private practice or any public or private agency that delivers behavioral health services.
(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 and no public member shall serve for more than two consecutive 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, except for necessary expenses incurred in the
performance of their duties.
(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; P.A. 01-19, S. 1, 2; June Sp. Sess. P.A. 01-2, S. 51, 69; June Sp. Sess. P.A. 01-9, S. 93, 129, 131;
P.A. 03-19, S. 30.)
History: P.A. 00-188 effective July 1, 2000; P.A. 01-19, effective May 15, 2001, and June Sp. Sess. P.A. 01-9, effective
July 1, 2001, both amended Subsec. (b) to add executive director of the Office of Protection and Advocacy for Persons
with Disabilities or designee as a committee member; June Sp. Sess. P.A. 01-2 amended Subsec. (b) to require that the
seven state agency heads be ex-officio voting members, to require that all of the appointed members be public members,
substituting Subparas. designators (A) to (C) for Subdivs. (8) to (10), to increase, from fifty to fifty-one per cent, the number
of advisory committee members who shall be 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, and to require that no more than half the members be persons
who receive income from a private practice or any public or private agency that delivers behavioral health services, amended
Subsec. (c) to prohibit public members from serving for more than two consecutive terms, and amended Subsec. (d) to
allow advisory committee members to receive necessary expenses incurred in the performance of their duties, effective
July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section;
P.A. 03-19 made technical changes in Subsec. (b), effective May 12, 2003.
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.
Sec. 17a-6. (Formerly Sec. 17-415). *(See end of section for amended version
of subdivision (k) and effective date.) Powers and duties of commissioner. The commissioner or the commissioner's 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 the commissioner's supervision have adequate
food, clothing, shelter and adequate medical, dental, psychiatric, psychological, social,
religious and other services;
(f) Provide, in the commissioner's discretion, needed service to any municipality,
agency, or person, whether or not such person is committed to the commissioner;
(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
the commissioner's supervision, either in public schools, special educational programs,
private schools, educational programs within the institutions or facilities under the commissioner's 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;
(o) Conduct and render a final decision in administrative hearings; and
(p) Provide programs for juvenile offenders that are gender specific in that they
comprehensively address the unique needs of a targeted gender group.
(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; P.A. 01-181, S. 1.)
*Note: On and after July 1, 2004, or upon enactment of the Interstate Compact for
Juveniles by thirty-five jurisdictions, whichever is later, subdivision (k) of this section,
as amended by section 2 of public act 03-255, is to read as follows:
"(k) Act as administrator of the Interstate Compact for Juveniles under section 46b-151h."
(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; P.A. 01-181, S. 1; P.A. 03-255, S. 2.)
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 (Revisor's note: 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); P.A. 01-181 made technical changes for purposes
of gender neutrality in introductory language and Subdivs. (e), (f) and (l) and added Subdiv. (p) re provision of programs
for juvenile offenders that are gender specific, addressing needs of targeted gender group; P.A. 03-255 amended Subdiv.
(k) to replace "Interstate Compact on Juveniles established by section 46b-151a, when so designated by the Governor in
accordance with section 46b-151c" with "Interstate Compact for Juveniles under section 46b-151h", effective July 1, 2004,
or upon enactment of the Interstate Compact for Juveniles by thirty-five jurisdictions, whichever is later.
See Sec. 17a-6b re Connecticut Juvenile Training School advisory group review and recommendations.
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.
Sec. 17a-6a. Commissioner to require applicants to submit to state and national criminal history records checks. State child abuse registry checks for applicants. The Commissioner of Children and Families shall (1) require each applicant for
a position with the department to state in writing whether such person has ever been
convicted of a crime or whether criminal charges are pending against such person at the
time such person submits an application, and (2) require each applicant to submit to
state and national criminal history records checks, in accordance with section 29-17a.
The commissioner shall also check the state child abuse registry established pursuant
to section 17a-101k for the name of such applicant for perpetrator information.
(P.A. 03-243, S. 6.)
Sec. 17a-6b. Connecticut Juvenile Training School advisory group. Connecticut Juvenile Training School public safety committee. Review. Recommendations.
(a) The advisory group for the Connecticut Juvenile Training School, established pursuant to subsection (b) of section 17a-6, and the Connecticut Juvenile Training School
public safety committee, established pursuant to section 17a-27f, shall provide an on-going review of the Connecticut Juvenile Training School with recommendations for
improvement or enhancement. The review shall include, but not be limited to:
(1) The number, age, ethnicity and race of the residents placed at the training school,
including the court locations that sentenced them, the number sentenced from each court
location and the offenses for which they were sentenced;
(2) The percentage of residents in need of substance abuse treatment and the programming interventions provided to assist residents;
(3) A review of the program and policies of the facility;
(4) The educational and literacy programs available to the residents, including the
educational level of residents, the number of residents requiring special education and
related services, including school attendance requirements, the number of residents who
are educated in the alternative school and the reasons for such education;
(5) The vocational training programs available to the residents and the actual number of residents enrolled in each training program, including all vocational attendance
requirements;
(6) The delinquency recidivism rates of such residents, which shall include the number of children discharged to residential placement, the number of children discharged
due to expiration of the period of commitment and the number of children returned to
the Connecticut Juvenile Training School;
(7) The diagnosis of each resident after intake assessment;
(8) The costs associated with the operation of the training school, including staffing
costs and average cost per resident; and
(9) Reintegration strategies and plans to transition the residents to their home communities.
(b) The Department of Children and Families shall serve as administrative staff of
the advisory group referred to in subsection (a) of this section.
(c) Not later than February 4, 2004, and annually thereafter, the Commissioner of
Children and Families shall report, in accordance with the provisions of section 11-4a,
to the joint standing committees of the General Assembly having cognizance of matters
relating to the judiciary and human services and to the select committee of the General
Assembly having cognizance of matters relating to children with respect to the Connecticut Juvenile Training School.
(d) Each report required pursuant to subsection (c) of this section shall summarize
the information and recommendations specified in subsection (a) of this section and
shall also include such other information that the Department of Children and Families
has identified as requiring immediate legislative action.
(P.A. 03-251, S. 2, 3; P.A. 04-257, S. 98, 99.)
History: P.A. 03-251 effective July 9, 2003; P.A. 04-257 made technical changes in Subsecs. (a) and (d), effective June
14, 2004.
See Sec. 17a-6c re reports relating to adjudicated youth in the care and custody of the department.
Sec. 17a-6c. Adjudicated youth in care and custody of department. Reports.
(a) On or before June 1, 2004, and annually thereafter, the Department of Children and
Families shall report, in accordance with section 11-4a, to the select committee of the
General Assembly having cognizance of matters relating to children and to the joint
standing committees of the General Assembly having cognizance of matters relating
to criminal law and the Department of Children and Families on: (1) The number of
adjudicated youth, by gender and age, in the care and custody of the department, (2) the
facilities in which such youth are being housed, (3) the number, age and gender of such
youth who have left department custody in an unauthorized manner, (4) the number of
police reports filed with respect to such youth, and (5) the status of new construction
or preparation of facilities to house adjudicated youth in the care and custody of the
department.
(b) The report required by subsection (a) of this section shall be attached to the
annual report required to be filed by the Commissioner of Children and Families pursuant
to subsections (c) and (d) of section 17a-6b.
(P.A. 04-89, S. 1, 2.)
History: P.A. 04-89 effective May 10, 2004.
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.
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.)
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.
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.
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.
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 file a motion 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; P.A. 01-142, S. 10.)
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; P.A. 01-142 amended Subsec. (d) by changing "petition the court" to "file a motion".
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.
Subsec. (d):
Time constraints are mandatory. 62 CA 681.
Sec. 17a-10a. Visitation with child in care and custody of commissioner. Visitation of child with sibling. (a) The Commissioner of Children and Families shall
ensure that a child placed in the care and custody of the commissioner pursuant to an
order of temporary custody or an order of commitment is provided visitation with such
child's parents and siblings, unless otherwise ordered by the court.
(b) The commissioner shall ensure that such child's visits with his or her parents
shall occur as frequently as reasonably possible, based upon consideration of the best
interests of the child, including the age and developmental level of the child, and shall
be sufficient in number and duration to ensure continuation of the relationship.
(c) If such child has an existing relationship with a sibling and is separated from
such sibling as a result of intervention by the commissioner including, but not limited
to, placement in a foster home or in the home of a relative, the commissioner shall,
based upon consideration of the best interests of the child, ensure that such child has
access to and visitation rights with such sibling throughout the duration of such placement. In determining the number, frequency and duration of such visits, the commissioner shall consider the best interests of each sibling, given each child's age and developmental level and the continuation of the sibling relationship.
(d) The commissioner shall include in each child's plan of treatment information
relating to the factors considered in making visitation determinations pursuant to this
section. If the commissioner determines that such visits are not in the best interests of
the child or that the number, frequency or duration of the visits requested by the child's
attorney or guardian ad litem is not in the best interests of the child, the commissioner
shall include the reasons for such determination in the child's plan of treatment.
(P.A. 03-243, S. 5.)
Sec. 17a-11. (Formerly Sec. 17-419). Voluntary admission. Termination of admission. Permanency plan. Review by probate court. Regulations. Appeal. (a) The
commissioner may, in the commissioner's discretion, admit to the department on a
voluntary basis any child or youth who, in the commissioner's 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 or herself if he or she 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 years of age or from a child if such child
is fourteen years of age or older, 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
fourteen years of age or older, 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 the Connecticut Juvenile
Training School, provided the commissioner shall give written notice to such child or
youth and to the parent or guardian of the child of the commissioner's 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 or
youth 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 or youth's best interest and, if so, whether there is
an appropriate permanency 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.
(d) (1) Ten months after admitting a child or youth on a voluntary basis and annually
thereafter if the child or youth remains in the custody of the commissioner, the commissioner shall file a motion for review of a permanency plan. A hearing on such motion
shall be held not later than thirty days after the filing of such motion. The court shall
provide notice to the child or youth and such child's or youth's parent or guardian of
the time and place of the hearing on such motion not less than ten days prior to the date
of such hearing.
(2) At a permanency hearing held in accordance with the provisions of subdivision
(1) of this subsection, the court shall approve a permanency plan that is in the best
interests of the child or youth and takes into consideration the child's or youth's need
for permanency. The health and safety of the child or youth shall be of paramount
concern in formulating such plan. At such hearing, the court shall consider among other
things: (A) The appropriateness of the department's plan for service to the child or youth
and his or her family; (B) the treatment and support services that have been offered and
provided to the child or youth to strengthen and reunite the family; (C) 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 (D) any further efforts which have
been or will be made to promote the best interests of the child or youth.
(3) The permanency plan pursuant to subdivision (2) of this subsection may include
the goal of (A) placement of the child or youth with the parent or guardian, (B) transfer
of guardianship, (C) long-term foster care with a relative licensed as a foster parent or
certified as a relative caregiver, (D) termination of parental rights and adoption, or (E)
such other planned permanent living arrangement ordered by the court provided the
commissioner has documented a compelling reason why it would not be in the best
interest of the child or youth for the permanency plan to include the goals in subparagraphs (A) to (D), inclusive, of this subdivision. Such other planned permanent living
arrangement may include, but not be limited to, placement of a child or youth in an
independent living program or long-term foster care with an identified foster parent.
(4) At a permanency hearing, the court shall review the status of the child or youth
and the progress being made to implement the permanency plan, determine a timetable
for attaining the permanency prescribed by the plan and determine whether the commissioner has made reasonable efforts to achieve the permanency plan. At the conclusion
of the hearing, the court 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's or youth's best interests, or (B) direct that the child's or youth's services
or placement be modified to reflect the child's 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 such person's eighteenth
birthday but has not yet reached such person's twenty-first birthday, may be permitted
to remain voluntarily under the supervision of the commissioner, provided said commissioner, in said commissioner's 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 permanency 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; May
9 Sp. Sess. P.A. 02-7, S. 37; P.A. 03-278, S. 51, 52.)
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 (Revisor's note: Said written certification was filed with the Senate
and House Clerks on September 20, 2001, and with the Governor on September 21, 2001); P.A. 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; May 9 Sp. Sess. P.A. 02-7 amended
Subsec. (a) to make technical changes for purposes of gender neutrality, amended Subsec. (b) to make technical changes,
amended Subsec. (c) to replace "case service plan" with "permanency plan", delete provision that the court "shall conduct
a further dispositional hearing whenever it deems necessary or desirable, but at least every twelve months" and make a
technical change, amended Subsec. (d) to replace existing provisions re dispositional hearing and order of disposition with
Subdiv. (1) re filing of and hearing on a motion for review of permanency plan, Subdiv. (2) re factors considered by the
court at permanency hearing and criteria for permanency plan, Subdiv. (3) re goals of permanency plan and Subdiv. (4)
re responsibilities of the court at permanency hearing and options of the court with respect to continuation or modification
of the child's or youth's services or placement and amended Subsec. (g) to make technical changes for purposes of gender
neutrality, effective August 15, 2002; P.A. 03-278 made technical changes in Subsecs. (d)(4) and (h), effective July 9, 2003.
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, if a male, or at 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, if a male, 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; P.A. 04-152, S. 3.)
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 (Revisor's note: Said
written certification was filed with the Senate and House Clerks on September 20, 2001, and with the Governor on September
21, 2001); P.A. 04-152 amended Subsecs. (a) and (c) by adding references to "male" children held or placed at the Connecticut Juvenile Training School, effective May 21, 2004.
Annotation to former section 17-420:
Cited. 171 C. 644, 651.
Annotations to present section:
Subsec. (a):
To effectuate any transfer of a juvenile in custody of department, petitioner must first determine that it is in the child's
best interest to do so. When petitioner seeks to transfer a juvenile in department's custody to Department of Correction,
however, there is additional requirement that Superior Court must order the transfer following hearing. 264 C. 747. Section
requires that trial court, in determining whether to transfer allegedly dangerous juvenile to Department of Correction
custody, must consider both best interest of the juvenile posing a safety concern and danger posed by that juvenile to other
juveniles with whom the subject juvenile is or will be situated. Id. Delinquent juvenile who faces transfer proceedings
pursuant to section does not have same liberty interest as adult who faces criminal proceedings. Id. Fact that, under due
process clause, an adult who is not competent cannot be convicted of a crime does not mean that a juvenile who is not
competent cannot be transferred to the Department of Correction pursuant to this section. Id. Fundamental fairness requires
that juvenile be adequately represented at hearing so that court may make an informed and accurate determination of
juvenile's best interest and the danger he or she poses. Id.
Statute as applied resulted in denial of procedural due process where court failed to determine competency prior to
ordering transfer of mentally disabled youth from Department of Children and Families facility to a correctional institution.
For purposes of future transfer proceedings, court must first consider child's competency and then determine if transfer is
in child's best interest, including considering evidence of alternatives to incarceration. 68 CA 427.
Subsec. (c):
Subdiv. (1) cited. 43 CA 613.
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).
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.
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 the commissioner's
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 the commissioner's 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 the parent or guardian of such child or youth 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 the parent or guardian of such child or youth 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) Upon motion of any sibling of any child committed to the Department of Children and Families pursuant to section 46b-129, in any pending hearing held pursuant
to subsection (c) of this section, such sibling shall have the right to be heard concerning
visitation with, and placement of, any such child.
(e) Any hearing held pursuant to a request made under subsection (c) or (d) 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; P.A. 01-149, S. 2.)
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; P.A. 01-149
made technical changes for purposes of gender neutrality in Subsecs. (a), (b), and (c), added Subsec. (d) re right of sibling
to be heard at any pending hearing concerning visitation with or placement of child committed to commissioner and
designated former Subsec. (d) as Subsec. (e), adding "or (d)" therein.
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.
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.
Subsec. (i):
"Motion for review" of agency's decision, which was not made under oath, did not invoke a judicial hearing, sought
relief not contemplated under statute and did not allow interested parties to participate, was not a "petition" authorized
under subsec.; thus, trial court lacked authority to entertain the motion for review. 77 CA 1.
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.
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 or the Parent
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 the
Children's Trust Fund or the Parent 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; June Sp. Sess. P.A. 01-2, S. 40, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 03-19, S. 31.)
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; June Sp. Sess. P.A. 01-2 added
references to the Parent Trust Fund; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without
affecting this section; P.A. 03-19 made technical changes, effective May 12, 2003.
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.
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).
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.
Sec. 17a-21a. Guidelines for use and management of psychotropic medications. Database established. The Department of Children and Families shall, within
available resources and with the assistance of The University of Connecticut Health
Center, (1) establish guidelines for the use and management of psychotropic medications
with children and youth in the care of the Department of Children and Families, and (2)
establish and maintain a database to track the use of psychotropic medications with
children and youth committed to the care of the Department of Children and Families.
(P.A. 04-238, S. 2.)
Sec. 17a-22. (Formerly Sec. 17-425). Extended day treatment programs.
Grants. Definition of day treatment center. The 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 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 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; P.A. 03-278, S. 53.)
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; P.A. 03-278 made technical changes, effective July 9, 2003.
Sec. 17a-22a. Connecticut Community KidCare: An integrated behavioral
health service delivery system for children and youth with behavioral health needs.
Requirements. Memorandum of understanding for joint administration. Consultation during development. Federal waivers or amendments. (a) The Commissioner
of Social Services and the Commissioner of Children and Families shall, within available
appropriations, develop and administer an integrated behavioral health service delivery
system to be known as Connecticut Community KidCare. Said system shall provide
services to children and youth with behavioral health needs who are in the custody of
the Department of Children and Families, who are eligible to receive services from the
HUSKY Plan, Part A or the federally subsidized portion of Part B, or receive services
under the voluntary services program operated by 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. The Commissioner of Social Services
may amend the state Medicaid plan to facilitate the claiming of federal reimbursement
for private nonmedical institutions as defined in the Social Security Act. The Commissioner of Social Services may implement policies and procedures necessary to provide
reimbursement for the services provided by private nonmedical institutions, as defined
in 42 CFR Part 434, while in the process of adopting such policies and procedures
in regulation form, provided the commissioner prints notice of intention to adopt the
regulations in the Connecticut Law Journal within twenty days of implementing such
policies and procedures. Policies and procedures implemented pursuant to this subsection shall be valid until the time such regulations are effective.
(b) Connecticut Community KidCare shall, within available appropriations, provide a comprehensive benefit package of behavioral health specialty services. The
HUSKY Plan shall continue to provide primary behavioral health services and may
provide additional behavioral health services to be determined by the Department of
Social Services and shall assure an integration of such services with the behavioral
health services provided by Connecticut Community KidCare.
(c) Connecticut Community KidCare shall include: (1) A system of care model in
which service planning is based on the needs and preferences of the child or youth and
his or her family and that places an emphasis on early identification, prevention and
treatment; (2) a comprehensive behavioral health program with a flexible benefit package that shall include clinically necessary and appropriate home and community-based
treatment services and comprehensive support services in the least restrictive setting;
(3) community-based care planning and service delivery, including services and supports for children from birth through early childhood that link Connecticut Community
KidCare to the early childhood community and promote emotional wellness; (4) comprehensive children and youth behavioral health training for agency and system staff
and interested parents and guardians; (5) an efficient balance of local participation and
state-wide administration; (6) integration of agency funding to support the benefit package; (7) a performance measurement system for monitoring quality and access; (8) accountability for quality, access and cost; (9) elimination of the major gaps in services
and barriers to access services; (10) a system of care that is family-focused with respect
for the legal rights of the child or youth and his or her parents and provides training,
support and family advocacy services; (11) assurances of timely payment of service
claims; (12) assurances that no child or youth shall be disenrolled or inappropriately
discharged due to behavioral health care needs; and (13) identification of youths in need
of transition services to adult systems.
(d) The Commissioner of Social Services and the Commissioner of Children and
Families shall enter into a memorandum of understanding for the purpose of the joint
administration of Connecticut Community KidCare. Such memorandum of understanding shall establish mechanisms to administer funding for, establish standards for and
monitor implementation of Connecticut Community KidCare 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 and is the agency responsible for the administration of the HUSKY Plan,
Part B under Title XXI 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 with behavioral health
needs, define the services to be included in the continuum of care and develop state-wide training programs for providers, families and other persons.
(e) Said commissioners shall consult with the Commissioner of Mental Health and
Addiction Services, the Commissioner of Mental Retardation, the Commissioner of
Public Health and the Commissioner of Education during the development of Connecticut Community KidCare in order to (1) ensure coordination of a delivery system of
behavioral health services across the life span of children, youth and adults with behavioral health needs, (2) maximize federal reimbursement and revenue, and (3) ensure the
coordination of care and funding among agencies.
(f) The Commissioner of Social Services and the Commissioner of Children and
Families may apply for any federal waivers or waiver amendments necessary to implement the provisions of this section.
(June Sp. Sess. P.A. 00-2, S. 3, 53; June Sp. Sess. P.A. 01-2, S. 43, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 03-19, S. 32, 33.)
History: June Sp. Sess. P.A. 00-2 effective July 1, 2000; June Sp. Sess. P.A. 01-2 made substantial revisions to section
and amended Subsec. (a) to delete former criteria provisions and require, within available appropriations, the development
and administration of an integrated behavioral health service delivery system known as Connecticut Community KidCare,
to specify the children and youth who are eligible for services, to authorize Commissioner of Social Services to amend
state Medicaid plan to facilitate the claiming of federal reimbursement for private nonmedical institutions and to authorize
said commissioner to implement policies and procedures necessary to provide reimbursement for services provided by
such institutions while in process of adopting such policies and procedures in regulation form, added new Subsec. (b) re
services provided by Connecticut Community KidCare and the HUSKY Plan and the integration of such services, added
new Subsec. (c) specifying thirteen elements Connecticut Community KidCare shall include, redesignated existing Subsec.
(b) as Subsec. (d), substituting "Connecticut Community KidCare" for "integrated behavioral health service delivery
system", deleting reference to "combined" funding and training programs "on the systems of care approach", adding in
Subdiv.(1) language that Department of Social Services is the agency responsible for the administration of HUSKY Plan
and substituting in Subdiv. (2) "with behavioral health needs" for "who are seriously emotionally disturbed", deleted
former Subsecs. (c) and (d), amended Subsec. (e) to require commissioners to also consult with the Commissioners of
Public Health and Education, to substitute "Connecticut Community KidCare" for "the integrated behavioral health service
delivery system", to insert three new Subdiv. designators and add new language in Subdiv. (2) to maximize federal reimbursement and revenue and in Subdiv. (3) to ensure the coordination of care and funding among agencies, and amended
Subsec. (f) to authorize commissioners to apply for any waiver amendments necessary, effective July 1, 2001; June Sp.
Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section; P.A. 03-19 made
technical changes in Subsecs. (a) and (d), effective May 12, 2003.
Sec. 17a-22b. Local needs assessment by community collaborative. Lead service agencies to coordinate care of children and youth enrolled in Connecticut
Community KidCare. Community collaborative composition and responsibilities.
(a) Each community collaborative shall, within available appropriations, (1) complete
a local needs assessment which shall include objectives and performance measures, (2)
specify the number of children and youth requiring behavioral health services, (3) specify the number of children and youth 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 community collaborative
shall submit its local needs assessment to the Commissioner of Children and Families
and the Commissioner of Social Services.
(b) The regional offices of the Department of Children and Families shall contract
with lead service agencies, within available appropriations, to coordinate the care of all
children and youth enrolled in Connecticut Community KidCare residing within their
designated catchment areas, including children and youth with complex behavioral
health service needs. The lead service agencies shall employ or subcontract for the
employment of care coordinators to assist families in establishing and implementing
individual service plans for children and youth with complex behavioral health service
needs and to improve clinical outcomes and cost effectiveness. Parents shall be afforded
a choice of contracted providers for authorized services.
(c) Each community collaborative may establish the number of members and the
type of representatives to ensure that the membership of such collaborative is appropriately balanced. The chief elected officers of municipalities served by a community collaborative may designate a member to serve as a representative of the chief elected
officials. A community collaborative, at a minimum, shall consist of representatives
from the local or regional board of education, special education program, youth services
bureau, local departments of social services and public health, representatives from
private organizations serving children and youth and a substantial number of parents
of children and youth with behavioral health needs. A community collaborative shall
participate in the regional advisory councils established under section 17a-30, provide
outreach to community resources, coordinate behavioral health services by forming,
with the consent of the family, child specific teams for children and youth with complex
behavioral health service needs, conduct community need assessments to identify service gaps and service barriers, identify priority investment areas for the state and lead
service agencies and provide public education and support. A community collaborative
shall establish a governance structure, determine membership and identify or establish
a fiscal agent.
(d) The Commissioner of Children and Families and the Commissioner of Social
Services shall, within available appropriations, provide or arrange for the administrative
services necessary to operate Connecticut Community KidCare.
(June Sp. Sess. P.A. 00-2, S. 4, 53; June Sp. Sess. P.A. 01-2, S. 44, 69; June Sp. Sess. P.A. 01-9, S. 129, 131.)
History: June Sp. Sess. P.A. 00-2 effective July 1, 2000; June Sp. Sess. P.A. 01-2 made substantial revisions to section,
deleting an obsolete reference and designating existing provisions as Subsec. (a), amended Subsec. (a) by substituting
"community collaborative" for "local system of care", substituting in Subdiv. (1) "performance" for "outcome", adding
in Subdivs. (2) and (3) references to "youth", and deleting the definition of "local system of care", added Subsec. (b) re
regional offices of department and lead service agencies, added Subsec. (c) re composition of a community collaborative
and responsibilities of such collaborative, and added Subsec. (d) re Commissioners of Children and Families and Social
Services providing or arranging for administrative services necessary to operate Connecticut Community KidCare, effective
July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section.
Sec. 17a-22c. Performance measures for Connecticut Community KidCare.
Curricula and training. Evaluation. (a) The Commissioner of Children and Families
and the Commissioner of Social Services shall establish performance measures in the
areas of finance, administration, utilization, client satisfaction, quality and access for
Connecticut Community KidCare.
(b) The Commissioner of Children and Families shall develop and implement,
within available appropriations, culturally appropriate and competency-based curricula
including best practices for the care of children and youth with, or at risk of, behavioral
health needs and offer training to all willing persons involved in Connecticut Community
KidCare, including, but not limited to, employees in education and child care and appropriate employees within the judicial system.
(c) The Commissioners of Children and Families and Social Services shall, within
available appropriations, design and conduct a five-year independent longitudinal evaluation with evaluation goals and methods utilizing an independent evaluator. The evaluation shall assess changes in outcomes for individual children, youth and families, evaluate the effectiveness of the overall initiative in the early phases to guide future expansion
of Connecticut Community KidCare and examine benefits, costs and cost avoidance
achieved by it. Such evaluation may include, but is not limited to, the following: (1)
Utilization of out-of-home placements; (2) adherence to system of care principles; (3)
school attendance; (4) delinquency recidivism rates; (5) satisfaction of families and
children and youth with Connecticut Community KidCare as assessed through client
satisfaction surveys; (6) coordination of Connecticut Community KidCare with the juvenile justice, child protection, adult behavioral health and education systems; and (7) the
quality of transition services.
(June Sp. Sess. P.A. 01-2, S. 46, 69; June Sp. Sess. P.A. 01-9, S. 129, 131.)
History: June Sp. Sess. P.A. 01-2 effective July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp.
Sess. P.A. 01-2 but without affecting this section.
Sec. 17a-22d. Establishment of organization with regional local chapters to
provide family-to-family support, family advocates and assistance with individual
service plan process and to encourage participation in Connecticut Community
KidCare planning. The Commissioner of Children and Families may, within available
appropriations, provide financial assistance for the establishment of an organization,
with local chapters in each region served by the Department of Children and Families,
that shall provide family-to-family support and family advocates for children, youth
and their families, and when requested by the family, assist the family with the individual
service plan process and otherwise encourage active family participation in treatment
and Connecticut Community KidCare planning. Such organization shall assure that
families have input into the development and implementation of their individual service
plans, including those established pursuant to section 17a-127, and into policy and planning for, and the implementation and evaluation of, Connecticut Community KidCare.
(June Sp. Sess. P.A. 01-2, S. 47, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 03-19, S. 34.)
History: June Sp. Sess. P.A. 01-2 effective July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp.
Sess. P.A. 01-2 but without affecting this section; P.A. 03-19 made technical changes, effective may 12, 2003.
Sec. 17a-22e. Reports re implementation of Connecticut Community KidCare
to General Assembly. On and after October 1, 2002, the Commissioners of Children
and Families and Social Services shall submit quarterly reports concerning the implementation of Connecticut Community KidCare to the joint standing committees of the
General Assembly having cognizance of matters relating to human services, public
health and education. Not later than January 1, 2004, and annually thereafter, the commissioners shall submit a report to said joint standing committees concerning (1) the
number, ages, sex and race of children and youth in out-of-state residential facilities,
(2) the number, ages, sex and race of children and youth in in-state residential facilities,
(3) the number, ages, sex and race of children and youth in nonresidential treatment,
(4) annual public funds expended for out-of-state placements, the sources of such funds
and the average cost per child and youth of such out-of-state placement, (5) annual
public funds expended for in-state residential placements, the sources of such funds and
the average cost per child and youth of such in-state residential placement, (6) annual
public funds expended for nonresidential treatment by type of service provided, the
sources of such funds and the average cost per child and youth of such nonresidential
treatment, (7) the average length of stay in out-of-state and in-state placements, (8)
the number, ages, sex and race of children and youth placed in out-of-home treatment
compared to the total number of children and youth in each region of the state, and (9)
expenditures made during each reporting period.
(June Sp. Sess. P.A. 01-2, S. 48, 69; June Sp. Sess. P.A. 01-9, S. 129, 131.)
History: June Sp. Sess. P.A. 01-2 effective July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp.
Sess. P.A. 01-2 but without affecting this section.
Sec. 17a-22f. Behavioral health services. Contract with administrative services organization to provide clinical management services. Policies and procedures. Regulations. (a) The Commissioner of Social Services may, with regard to the
provision of behavioral health services provided pursuant to a state plan under Title
XIX or Title XXI of the Social Security Act: (1) Contract with an administrative services
organization to provide clinical management and other administrative services; and
(2) delegate responsibility to the Department of Children and Families for the clinical
management portion of an administrative contract pertaining to children under eighteen
years of age or individuals who are otherwise receiving behavioral health services from
said department.
(b) For purposes of this section, the term "clinical management" describes the process of evaluating and determining the appropriateness of the utilization of behavioral
health services, providing assistance to clinicians or beneficiaries to ensure appropriate
use of resources and may include, but is not limited to, authorization, concurrent and
retrospective review, discharge review, quality management, provider certification and
provider performance enhancement. The Commissioners of Social Services and Children and Families shall jointly develop clinical management policies and procedures.
The Department of Social Services may implement policies and procedures necessary
to carry out the purposes of this section, including any necessary changes to existing
behavioral health policies and procedures concerning utilization management, while in
the process of adopting such policies and procedures in regulation form, provided the
commissioner publishes notice of intention to adopt the regulations in the Connecticut
Law Journal within twenty days of implementing such policies and procedures. Policies
and procedures implemented pursuant to this subsection shall be valid until the earlier
of (1) the time such regulations are effective, or (2) December 1, 2003.
(May 9 Sp. Sess. P.A. 02-7, S. 58.)
History: May 9 Sp. Sess. P.A. 02-7 effective August 15, 2002.
Sec. 17a-22g. Connecticut Community KidCare. Disclosure of case-specific
information. Limitations. (a) The judicial branch and each state agency, community-based program, organization or individual that provides behavioral health or substance
abuse prevention and treatment programs that are operated, funded or licensed by the
Department of Children and Families pursuant to sections 17a-20, 17a-114, 17a-145,
17a-147, 17a-149, 17a-151, 17a-152 and 17a-154 shall provide case specific information to the department for purposes directly connected with the administration of Connecticut Community KidCare in such form and manner as the department requests. The
provisions of this section shall be subject to the confidentiality requirements as set forth
in applicable federal law.
(b) No person shall solicit, disclose, receive or make use of, or authorize, knowingly
permit, participate in or acquiesce in the use of, any list of the names of, or any information concerning, persons applying for or receiving assistance under the Connecticut
Community KidCare program, directly or indirectly derived from the records, papers,
files or communications of the state or its subdivisions or agencies, or acquired in the
course of the performance of official duties. The Commissioner of Children and Families
shall disclose case-specific information to any authorized representative of the Commissioner of Social Services for purposes directly connected with the administration of
Connecticut Community KidCare. No such representative shall disclose any information obtained pursuant to this section, except as specified in this section.
(May 9 Sp. Sess. P.A. 02-7, S. 59.)
History: May 9 Sp. Sess. P.A. 02-7 effective August 15, 2002.
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.)
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.
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.
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.
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.
(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, 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 (Revisor's note: Said written certification was filed with the Senate and House Clerks on September
20, 2001, and with the Governor on September 21, 2001).
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.)
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 (k) 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, 25-32
and 29-406 and chapter 54.
(P.A. 99-26, S. 5, 39; P.A. 03-278, S. 54.)
History: P.A. 99-26 effective May 7, 1999; P.A. 03-278 made a technical change, effective July 9, 2003 (Revisor's
note: The word "sections" preceding the reference to Sec. 25-32 was deleted editorially by the Revisors for consistency
with customary statutory usage).
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 (k) 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; P.A. 03-278, S. 55.)
History: P.A. 99-26 effective May 7, 1999; P.A. 03-278 made a technical change in Subsec. (a), effective July 9, 2003.