OLR Bill Analysis

sHB 5425

AN ACT CONCERNING THE DEPARTMENT OF CHILDREN AND FAMILIES.

SUMMARY:

This bill establishes a bill of rights for children and youth in the Department of Children and Families' (DCF) custody. Each child or youth in DCF custody must be provided these rights by September 1, 2009 or 60 days after the commissioner is granted custody (presumably by the later of the two dates).

The bill also establishes a 12-member task force to study DCF policies, practices, and procedures relating to child abuse and neglect cases. The task force must report its findings and recommendations to the Human Services and Children's committees by January 1, 2010. It terminates on the later of the date the report is submitted or January 1, 2010.

EFFECTIVE DATE: Upon passage, except the bill of rights is effective on July 1, 2009.

BILL OF RIGHTS FOR CHILDREN AND YOUTH IN DCF CUSTODY

The bill of rights gives children and youth in DCF custody the rights to:

1. a comprehensive assessment that includes, at a minimum, an assessment of their physical health, medical history, mental health, education, family situation, and history of substance use, if any;

2. evidence-based treatment for any substance abuse problem, physical condition, mental condition, or dental problem identified during the assessment;

3. a public education that includes appropriate special education when needed;

4. services to improve social functioning and family relations;

5. the least restriction appropriate for their needs;

6. not to be treated adversely because of gender, religion, race, national origin, or sexual orientation;

7. safe housing free from abuse and the use of physical force;

8. representation of competent legal counsel at all proceedings involving them;

9. procedural protections against self-incrimination for statements they make related to their treatment or assessment for treatment;

10. periodic evaluations for the effectiveness of treatments they have received; and

11. a fair and quick resolution to DCF proceedings.

TASK FORCE TO STUDY DCF POLICIES, PRACTICES, AND PROCEDURES

Membership

The bill establishes a task force that must analyze DCF rules and regulations related to child abuse and neglect cases.

In addition to the DCF commissioner and child advocate, or their designees, the bill constitutes the task force with the following members:

Appointing Authority

Member

House Speaker

Two representatives from the attorney general's child protection unit

Senate president pro tempore

Two representatives of the Commission on Child Protection

House majority and minority leaders

One representative each from the public defenders in Superior Court for juvenile matters

Senate majority and minority leaders

One attorney each representing children or parents in child abuse and neglect cases

Human Services Committee chairs

One each who must be a person who has been involved with DCF in a child abuse or neglect case

All appointments must be made within 30 days of the bill's passage. Vacancies are filled by the appointing authority.

The bill requires the House speaker and Senate president pro tempore to appoint the chairpersons from among the members. The chairs must convene the task force's first meeting within 60 days of the bill's passage. The Human Services Committee's administrative staff serve as the task force's administrative staff.

The bill requires the DCF commissioner to submit all of the department's rules and regulations to the task force at its first meeting.

Report

The bill requires the task force to report its findings and recommendations to the Human Services and Children's committees by January 1, 2010. The report must include, at a minimum:

1. an analysis of DCF's rules and regulations relating to child abuse and neglect;

2. recommendations to improve the department's operations, including those concerning child abuse and neglect cases;

3. recommendations to improve the public's perception of the department; and

4. recommendations to improve support services necessary to strengthen families involved with the department.

COMMITTEE ACTION

Human Services Committee

Joint Favorable Substitute

Yea

19

Nay

0

(03/19/2009)