Probate Committee
Proposed Draft
Concerning Voluntary Admissions
October 25, 1999
Section 17a-11 of the general statutes is repealed and the following is substituted in lieu thereof:
Voluntary admissions. Termination of admission. Case service plan. Transfers. Regulations. Appeals.
(a) The commissioner may, in his discretion, admit to the department on a voluntary basis any child or youth who, in his opinion, could benefit from any of the services offered or administered by, or under contract with, or otherwise available to, the department. Application for voluntary admission shall be made in writing by the parent or guardian of a child under fourteen years of age or by such person himself if he is a child fourteen years of age or older or a youth.
(b) A child or youth voluntarily admitted to the department shall be deemed to be within the care of the commissioner until such admission is terminated. The commissioner shall terminate the admission of any child or youth voluntarily admitted to the department within ten days after receipt of a written request for termination from a parent or guardian of any child under fourteen or from a child if fourteen years of age or over, or youth, unless prior to the expiration of that time the commissioner has sought and received from the Superior Court an order of temporary custody as provided by law. The commissioner may terminate the admission of any child or youth voluntarily admitted to the department after giving reasonable notice in writing to the parent or guardian of any child under fourteen years of age and to a child over fourteen, and to any youth. Any child or youth admitted voluntarily to the department may be placed in, or transferred to, any resource, facility or institution within the department or available to the commissioner except Long Lane School, provided the commissioner shall give written notice to such child or youth and to the parent or guardian of the child of his intention to make a transfer at least ten days prior to any actual transfer, unless written notice is waived by those entitled to receive it, or unless an emergency commitment of such child is made pursuant to section 17a-502.
(c) Not more than one hundred twenty days after admitting a child or youth on a voluntary basis, the department shall petition the probate court for the district in which a parent or guardian of the child or youth resides for a determination as to whether continuation in care is in the child's best interest and, if so, whether there is an appropriate case service plan. Upon receipt of such application, the court shall set a time and place for hearing to be held within thirty days of receipt of the application, unless continued by the court for cause shown. The court shall order notice of the hearing to be given by regular mail at least five days prior to the hearing to the Commissioner of Children and Families, and by certified mail, return receipt requested, at least five days prior to the hearing to the parents or guardian of the child and the minor, if over twelve years of age. If the whereabouts of the parent or guardian are unknown, or if delivery cannot reasonably be effected, then notice shall be ordered to be given by publication. In making its determination the court shall consider the items specified in subsection (d) of this section. THE COURT SHALL POSSESS CONTINUING JURISDICTION IN PROCEEDINGS UNDER THIS SECTION AND SHALL CONDUCT A FURTHER DISPOSITIONAL HEARING WHENEVER IT DEEMS NECESSARY OR DESIRABLE, BUT AT LEAST EVERY TWELVE MONTHS.
(d) Not more than twelve months after a child or youth is admitted to the department on a voluntary basis, the commissioner shall file a motion in the probate court [
for the district in which a parent or guardian of the child or youth resides] requesting a dispositional hearing on the status of the child or youth. Upon receipt of such motion, the court shall set a time and place for hearing to be held within thirty days of receipt of the motion, unless continued by the court for cause shown. The court shall order notice of the hearing to be given in accordance with subsection (c) of this section. At the dispositional hearing, all parties shall be heard and oral or written reports, containing recommendations as to the best interests of the child or youth may be presented. In determining its order of disposition, the court shall consider among other things: (1) The appropriateness of the department's plan for service to the child or youth and his family; (2) the treatment and support services that have been offered and provided to the child or youth to strengthen and reunite the family; (3) if return home is not likely for the child or youth, the efforts that have been made or should be made to evaluate and plan for other modes of care; and (4) any further efforts which have been or will be made to promote the best interests of the child or youth. At the conclusion of the hearing, the court shall, in accordance with the best interests of the child or youth, enter an appropriate order of disposition. The order may: (A) Direct that the services being provided, or the placement of the child or youth and reunification efforts, be continued if the court, after hearing, determines that continuation of the child or youth in services or placement is in the child or youth's best interests or (B) direct that the child or youth's services or placement be modified to reflect the child or youth's best interest. [The court shall possess continuing jurisdiction in proceedings under this section and shall conduct a further dispositional hearing whenever it deems necessary or desirable, but at least every twelve months.](e) The commissioner shall adopt regulations in accordance with chapter 54 describing the documentation required for voluntary admission and for informal administrative case review, upon request, of any denial of an application for voluntary admission.
(f) Any person aggrieved by a decision of the commissioner denying voluntary services may appeal such decision through an administrative hearing held pursuant to chapter 54.
(g) Notwithstanding any provision of sections 17a-1 to 17a-26, inclusive, and 17a-28 to 17a-49, inclusive, to the contrary, any person already under the care and supervision of the Commissioner of Children and Families who has passed his eighteenth birthday but has not yet reached his twenty-first birthday, may be permitted to remain voluntarily under the supervision of the commissioner, provided said commissioner, in his discretion determines that such person would benefit from further care and support from the Department of Children and Families.
(h) Upon motion of any interested party in a probate court proceeding under this section, the probate court of record may transfer the file for cause shown to a probate court for a district other than the district in which the initial or dispositional hearing was held. The file shall be transferred by the probate court of record making copies of all recorded documents in the court file, certifying each of them, and delivering the certified copies to the probate court to which the matter is transferred.