Legislative Program Review and Investigations Committee

Department of Children and Families
Appendix A

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Appendix A
Historical Development of  DCF Mandates
for Protection Services, Juvenile Justice, and Mental Health

 

Child Protection Services   

The state's initial role in traditional child welfare services -- protecting and placing children who are abandoned, abused, neglected, or uncared for -- was primarily supervisory.   Beginning in the 1800s, the State Board of Charities reviewed the activities of county boards of management that were responsible for finding "temporary homes" -- the precursor of today's foster homes -- to place dependent or neglected children.  Children were placed in temporary homes, however, by local welfare boards and organizations.  The first significant change to the child welfare system occurred in 1921 when all welfare responsibilities of the state charities board were transferred to the newly established Department of Public Welfare. 

The state public welfare department was required to have separate bureaus for adult and child welfare.  Its child welfare mandate included the general supervision over those children who required care, protection, or discipline, including "dependent, defective, delinquent, abused, or neglected" children.  In addition, the department was specifically required to license and monitor child-caring institutions, agencies, and persons, supervise the placing of children in foster care, and to establish policy and procedure for investigating delinquency cases.  Local agencies still retained some authority to place children in out-of-home care.  

In 1930, the public welfare department, rather than the county board, was given the sole authority to supervise the placement of children in state-licensed foster homes.  The department was also newly authorized to supervise committed (convicted) juvenile delinquents.  In 1937, the legislature abandoned the county approach to child welfare by creating branches of the state Department of Welfare.  Municipal welfare departments (similar to the defunct county boards) still existed and the state delegated much of the responsibility for the day-to-day social work to the county boards.  

         Until the 1950s, child welfare services continued to be primarily provided by each of the eight county branches of the welfare department, with oversight by the state welfare department.  However, in 1955, the state welfare department was given the sole legal custody of the state's dependent, neglected, and homeless children.  The state's role in providing child welfare services was further expanded in 1965 when the welfare department was required to provide "protective services" for victims of child abuse and neglect and their families when it was deemed appropriate for the child to remain at home rather than be placed in foster care.   

        By the 1970s, child welfare workers, child advocacy groups, and clients were arguing before the legislature that children's services were not receiving adequate resources or attention while housed in the welfare department.  In response, the mandate of the state's recently created juvenile delinquency agency (see next section) was expanded in 1974 with the transfer of child protection services from the Department of Social Services to the Department of Children and Youth Services.  

During the 1980s, new statutory mandates for reporting child abuse created a constant influx of cases that DCYS was not prepared to handle.  In 1989, a federal class-action lawsuit, Juan F. v O'Neill, was filed against DCYS that resulted in a 1991 consent decree.  The consent decree covered all areas of child protection policy and provided a plan for increasing funding, staffing, and service levels within the department.  Also, in 1993, the department's name was changed to the Department of Children and Families.

         By the mid-1990s, after a series of events resulting in the deaths of children, whose families had been or were involved with DCF, the department responded to public and political pressure by shifting its focus from family preservation [1] to child protection.  Over the next few years, highly publicized cases of child abuse heightened legislative, media, and public scrutiny on DCF.  A succession of legislative actions followed aimed at improving the department's ability to investigate abuse and neglect allegations, protect children by removing them from their homes, improve the foster care system, and provide permanent placements for children as soon as possible.  Checks and balances were also put into place in the form of time limits for certain DCF actions, mandatory case reviews, and the Child Fatality Review Board and Office of the Child Advocate were created.   The bulk of the legislative changes were procedural.  The intent was to clarify and strengthen rather than significantly change the department's child protection mandate and to comply with federal law.  

Juvenile Justice  

Prior to 1921, municipal authorities maintained pre-trial detention facilities (jails) for children charged with crimes.  A 1921 law required the juvenile courts to provide or fund detention accommodations if the local authorities could not. 

In 1969, the Department of Children and Youth Services was statutorily created as a juvenile justice agency to provide custody and rehabilitative services for delinquents, develop delinquency prevention services, and administer Long Lane School (established in 1868 as a reformatory school for girls), the Connecticut School for Boys (established in 1854), and any other reform facility.   The intent of the legislation was to: better serve children whose problems were not being properly serviced through the juvenile court; to address overcrowded juvenile justice services and facilities; improve coordination between executive branch agencies, the courts, and private providers; and increase resources and staffing for children's services.   

In 1972, Long Lane School became coeducational following the closing of the Meriden School for Boys.  DCF was authorized, in 1973, to transfer juveniles from Long Lane School to appropriate outside facilities, such as private residential and nonresidential programs.  In the following year, the legislature clarified DCF's authority to grant and revoke “parole” of juvenile delinquents committed to its custody by the court.  

         The federal Juvenile Justice and Delinquency Prevention Act (JJDP) of 1974 was passed partially in response to the movement for deinstitutionalization. The use of adult jails and detention centers to hold an excessive number of children for status offenses, such as truancy and running away, was criticized and it was argued that court intervention in juvenile delinquency cases was not meeting the goal of rehabilitation.  The intent of the act was to reduce the juvenile justice system's involvement in noncriminal misbehavior and to place juveniles in less restrictive and intrusive settings, such as community-based alternatives to incarceration.  In fact, a provision of the JJDP directed states to stop placing status offenders in secure facilities or face the loss of eligibility for federal funding.    

In 1979, the objectives of the federal JJDP were incorporated into a state law that  became effective in 1981.  Status offenses were eliminated as delinquent acts and juveniles detained for status offenses were no longer placed in secure facilities.  The law defined a new category of delinquency called the "family with service needs" (FWSN).  The court was mandated to become involved to prevent future legal action, help resolve the problem, and strengthen family ties.  The intent was to process FWSN cases in a non-judicial manner while still affording support and structure to the family.  These cases cannot directly result in placement in juvenile detention or commitment to DCF unless there is a violation of a court order leading to a delinquency action.  

         By the end of the 1970s, there was an increase in juvenile crimes against persons and property that fueled the growing public opinion that, for the most part, the juvenile justice system had been largely unsuccessful in its efforts to rehabilitate delinquents and juvenile offenders.  Connecticut, like most other states, did not abandon the rehabilitative approach to juvenile justice but began to shift delinquency policies -- predominantly in the adjudication phase -- to expand the punishment competent.  For example, in 1979, the legislature passed the Serious Juvenile Offender Act that toughened the state's approach to juveniles charged with serious offenses. A stiffer approach to treatment (penalty phase) was also mandated by extending the period of commitment to DCF for serious juvenile offenders from a maximum period of 18 months to four years.  Also, in 1982, the legislature strengthened the punishment aspect of the FWSN law by authorizing several measures to deal with FWSN violators, including up to 10 days detention.  In contrast, since the early 1970s, the DCF mandates for commitment of delinquents and the operation of Long Lane School have remained basically unchanged. 

The most recent legislative changes (P.A. 99-26) to DCF's juvenile justice mandate have centered on relocating and building a new juvenile facility with increased security.  Further, recognizing the need to focus greater attention on public safety, a 1997 public act required DCF to adopt regulations for granting leave or “parole” to committed delinquents, including  the eligibility and conditions for leave or “parole”, security evaluation, identified and assigned supervision, and police notification.  

Mental Health.

 

Until the latter part of the 19^th century, care for mentally ill adults and children, like other dependent persons, was primarily a local responsibility, provided through town poor farms and almshouses.   Mental diseases were also treated at privately operated hospitals like the Institute of Living, founded as the Hartford Retreat in 1822, and through programs operated by charitable organizations to help the “insane, the feebleminded, and others with mental defects.”  

The state's role in mental health services began with the opening of the Connecticut State Hospital for the Insane, operated by an independent board of trustees, in Middletown in 1867.   Two additional state mental hospitals were later established in Norwich (1904) and Fairfield (1929).  The state hospitals could treat any child or adult with a recognized mental illness, admitted voluntarily or committed by the courts or doctor.     

Outpatient mental health services developed with little state involvement.  Psychiatric clinics, including child guidance clinics, were established in the early part of the 20^th century as part of a national movement led by volunteer societies for mental hygiene in Connecticut and other states.   Child guidance clinics, now funded in part with DCF grants, remain the center of community-based mental health services for children and families in the state.  

During the 1920s, a division of mental hygiene was established within the state health department primarily to help develop facilities in communities lacking mental health services.  A separate Department of Mental Health (DMH) was created in 1953 to take charge of all matters related to mental health and mental illness.  The new department assumed responsibility for the three state mental hospitals, whose boards became advisory, as well as outpatient and day treatment programs for mentally ill adults and children  and  forensic facilities for the criminally insane.  

Throughout the 1950s and early 1960s, the development and use of medications (psychotropic drugs) that allowed mentally ill individuals to be treated in community contributed to the deinstitutionalization of hospitalized patients in Connecticut and across the country.  Federal legislation enacted in 1963 provided funding for community mental health centers as part of a national effort to develop a continuum of mental health care .  Connecticut's first center, operated jointly by the mental health department and Yale University opened in 1964.  Throughout the 1970s, state and federal policies continued to emphasize treatment for mental health clients in the least restrictive setting possible.  A regionalized system of community mental health services was mandated by state law in 1977.    

During the 1960s and 1970s, children's mental health issues came to the public's attention when several national studies were released that highlighted the lack of services for mentally ill and emotionally disturbed children and the need for separate, specialized treatment for children and adolescents.   In response to these concerns, the Connecticut Department of Mental Health: created two psychiatric units for adolescents; a facility for younger children; an adolescent drug treatment unit; and operated a residential treatment facility.   Connecticut  then  became the first state to structurally separate children's mental health services from the adult system.  Legislation adopted in 1975 mandating a consolidation of children's services in Connecticut provided for the transfer of psychiatric and related services for those under 18 from the Department of Mental Health to the Department of Children and Youth Services.    

The emphasis on integrating mental health and related services for children and  providing them in the least restrictive setting possible continues to the present.  During the 1980s, federal  and state legislation mandated development of comprehensive, community-based systems of services for children and youth with emotional disturbances.   Most recently, under a federal law enacted in 1992, funding is provided through Mental Health Performance Partnership Grants (formerly community mental health services block grants) to Connecticut and other states to plan and implement local systems of care for seriously emotionally disturbed children and their families.  The goal of the systems of care model is to improve the delivery of services by providing  an array of services tailored to a child’s specific needs as near to home as possible.   

         Substance abuse.  The state’s role in substance abuse services for children parallels its mental health responsibilities in many ways.  Connecticut law adopted in 1874 had established the policy of  treating “intemperance” as a disease, allowing  alcoholics and drug addicts to be taken to inebriate asylums for treatment, care, and custody.   The state mental hospitals, almost from their inception, included substance abuse treatment among their services and local agencies disseminated information on alcoholism and operated treatment clinics.  

In 1961, the Department of Mental Health was given the responsibility to treat alcoholism.  Concerns over drug abuse during the 1960s led to agency programs and facilities aimed at drug rehabilitation and treatment, including a creation of a specialized unit for adolescent addicts.  During the 1970s, responsibility for alcohol and drug services was split between inpatient hospital programs administered by Department of Mental Health and community programs funded by the Connecticut Alcohol and Drug Abuse Council (CADAC).  Also, prevention and treatment of substance abuse for those under 18 was included in the transfer of DMH services to the Department of Children and Families.  

While a 1978 law made CADAC the state lead agency for substance abuse, various agencies including DCYS continued to have prevention and treatment responsibilities.  Roles remained murky until  the adoption of a 1988 interagency agreement among DCYS, CADAC,  the Office of Policy and Management and the Department of Correction that clarified each agency’s responsibilities and called for the transfer of all children’s substance abuse services from the commission to the children and youth services department.

Legislation making substance abuse services for children a clear DCF mandate, however, was not enacted until 1994.  By this time, CADAC had been eliminated under a 1993 public act.  Its functions  were first transferred  to  the  Department of Public Health, renamed Public Health  and Addiction Services,  but were subsequently  (in 1995)  placed in the Department of  Mental Health,  which was renamed Mental Health and Addiction Services.    

         In 1997, the Connecticut Alcohol and Drug Policy Council (CADPC) was legislatively established to review the state's substance abuse policies and practices regarding treatment, prevention, referrals, and criminal justice sanctions and programs.  The council is mandated to develop and coordinate a statewide, interagency plan to integrate programs, services, and sanctions.  The scope of the council includes adults and children.  The council is comprised of the heads of most state agencies including the commissioner of DCF, the criminal justice system, and judicial branch.