Substitute Senate Bill No. 494
Substitute Senate Bill No. 494
PUBLIC ACT NO. 97-319
AN ACT CONCERNING THE OFFICE OF THE CHILD
ADVOCATE, THE REPORTING OF CHILD ABUSE AND
DISCLOSURE OF RECORDS REGARDING CHILD ABUSE AND
APPOINTMENT OF COUNSEL FOR TRANSFER OF INDIGENT
CHILD TO REGULAR CRIMINAL DOCKET.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subsection (d) of section 46a-13k
of the general statutes is repealed and the
following is substituted in lieu thereof:
(d) The Child Advocate may, WITHIN AVAILABLE
FUNDS, appoint such staff as may be deemed
necessary provided, for the fiscal years ending
June 30, 1996, and June 30, 1997, such staff shall
not exceed one and one-half full-time positions or
the equivalent thereof. The duties of the staff
may include the duties and powers of the Child
Advocate if performed under the direction of the
Child Advocate.
Sec. 2. Subsection (e) of section 46a-13k of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) The General Assembly shall annually
appropriate such sums as necessary for the payment
of the salaries of the staff and for the payment
of office expenses and other actual expenses
incurred by the Child Advocate in the performance
of his duties. Any legal or court fees obtained by
the state in actions brought by the Child Advocate
shall be [dedicated to the Office of the Child
Advocate] DEPOSITED IN THE GENERAL FUND.
Sec. 3. Section 46a-13l of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Child Advocate shall:
(1) Evaluate the delivery of services TO
CHILDREN by state agencies and those entities that
provide services to children through funds
provided by the state;
(2) Review periodically the procedures
established by any state [department] AGENCY
providing services to children to carry out the
provisions of sections 46a-13k to 46a-13q,
inclusive, AS AMENDED BY THIS ACT, with a view
toward the rights of the children;
[(3) Adopt regulations, in accordance with the
provisions of chapter 54, to carry out the
provisions of sections 46a-13k to 46a-13q,
inclusive;]
[(4)] (3) Review complaints of persons
CONCERNING THE ACTIONS OF ANY STATE OR MUNICIPAL
AGENCY PROVIDING SERVICES TO CHILDREN AND OF ANY
ENTITY THAT PROVIDES SERVICES TO CHILDREN THROUGH
FUNDS PROVIDED BY THE STATE and investigate those
where it appears that a child or family may be in
need of assistance from the child advocate;
[(5)] (4) Periodically review the facilities
and procedures of any and all institutions or
residences, public or private, where a juvenile
has been placed either by the Family Division of
the Superior Court or the Department of Children
and Families;
[(6)] (5) Recommend changes in STATE policies
[and procedures for dealing with juvenile problems
and] CONCERNING CHILDREN INCLUDING CHANGES in the
system of providing JUVENILE JUSTICE, child care,
foster care and treatment;
[(7)] (6) Take all possible action including,
but not limited to, conducting programs of public
education, UNDERTAKING legislative advocacy and
making proposals for systemic reform and formal
legal action, to secure and ensure the legal,
civil and special rights of children who reside in
this state;
[(8)] (7) Provide training and technical
assistance to ATTORNEYS REPRESENTING CHILDREN AND
guardians ad litem [and special advocates]
appointed by the Family Division of the Superior
Court to represent children in proceedings before
that court;
[(9)] (8) Periodically review the number of
special needs children in any foster care or
permanent care facility and recommend changes in
the policies and procedures for the placement of
such children; [and]
[(10)] (9) Serve or designate a person to
serve as a member of the child fatality review
panel established in subsection (b) of this
section; AND
(10) TAKE APPROPRIATE STEPS TO ADVISE THE
PUBLIC OF THE SERVICES OF THE OFFICE OF THE CHILD
ADVOCATE, THE PURPOSE OF THE OFFICE AND PROCEDURES
TO CONTACT THE OFFICE.
(b) There is established a child fatality
review panel composed of seven members as follows:
A pediatrician, appointed by the Governor; a
representative of law enforcement, appointed by
the president pro tempore of the Senate; the Child
Advocate, or his designee; a public child welfare
practitioner, appointed by the minority leader of
the Senate; a representative of a community
service [groups] GROUP appointed by the speaker of
the House of Representatives; a medical examiner,
appointed by the minority leader of the House of
Representatives; and the Chief State's Attorney,
or his designee. The chairperson shall be elected
from among the panel's members. The panel shall,
to the greatest extent possible, reflect the
ethnic, cultural and geographic diversity of the
state.
(c) The panel shall review the circumstances
of the death of a child who has received services
from a state department or agency addressing child
welfare, social or human services or juvenile
justice. Members of the panel shall not be
compensated for their services, but may be
reimbursed for necessary expenses incurred in the
performance of their duties.
Sec. 4. Section 46a-13m of the general
statutes is repealed and the following is
substituted in lieu thereof:
[(a) The Child Advocate shall have access to
the following information:
(1) The name of a child in protective
services, treatment or other programs under the
jurisdiction of a department addressing child
welfare or juvenile justice, and such child's
location if in custody;
(2) All written reports of child abuse and
neglect;
(3) All current records required to be
maintained under the provisions of sections 7-48,
7-50, 7-51, 10-209, 17a-28, 17b-90, 17b-225,
19a-25, 19a-499, 46b-11 and subsection (e) of
section 46b-56; and
(4) All records of state agencies, schools,
police, health and medical providers, and the
courts as may be necessary to carry out the
responsibilities of the Child Advocate.
(b) To the extent any such information
referenced in this section provides the names and
addresses of individuals who are the subject of
any confidential proceeding, such names and
addresses or related information which has the
effect of identifying such individuals shall not
be released to the public without the consent of
such individuals.]
(a) NOTWITHSTANDING ANY PROVISION OF THE
GENERAL STATUTES CONCERNING THE CONFIDENTIALITY OF
RECORDS AND INFORMATION, THE CHILD ADVOCATE SHALL
HAVE ACCESS TO, INCLUDING THE RIGHT TO INSPECT AND
COPY, ANY RECORDS NECESSARY TO CARRY OUT THE
RESPONSIBILITIES OF THE CHILD ADVOCATE AS PROVIDED
IN SUBSECTION (a) OF SECTION 46a-13l, AS AMENDED
BY SECTION 3 OF THIS ACT. IF THE CHILD ADVOCATE IS
DENIED ACCESS TO ANY RECORDS NECESSARY TO CARRY
OUT SAID RESPONSIBILITIES, HE MAY ISSUE A SUBPOENA
FOR THE PRODUCTION OF SUCH RECORDS AS PROVIDED IN
SUBSECTION (c) OF THIS SECTION.
(b) IN THE PERFORMANCE OF HIS RESPONSIBILITIES
UNDER SUBSECTION (a) OF SECTION 46a-13l, AS
AMENDED BY SECTION 3 OF THIS ACT, THE CHILD
ADVOCATE MAY COMMUNICATE PRIVATELY WITH ANY CHILD
OR PERSON WHO HAS RECEIVED, IS RECEIVING OR SHOULD
HAVE RECEIVED SERVICES FROM THE STATE. SUCH
COMMUNICATIONS SHALL BE CONFIDENTIAL AND NOT BE
SUBJECT TO DISCLOSURE EXCEPT AS PROVIDED IN
SUBSECTION (a) OF SECTION 46a-13n, AS AMENDED BY
SECTION 5 OF THIS ACT.
(c) THE CHILD ADVOCATE MAY ISSUE SUBPOENAS TO
COMPEL THE ATTENDANCE AND TESTIMONY OF WITNESSES
OR THE PRODUCTION OF BOOKS, PAPERS AND OTHER
DOCUMENTS AND TO ADMINISTER OATHS TO WITNESSES IN
ANY MATTER UNDER HIS INVESTIGATION. IF ANY PERSON
TO WHOM SUCH SUBPOENA IS ISSUED FAILS TO APPEAR
OR, HAVING APPEARED, REFUSES TO GIVE TESTIMONY OR
FAILS TO PRODUCE THE EVIDENCE REQUIRED, THE CHILD
ADVOCATE MAY APPLY TO THE SUPERIOR COURT FOR THE
JUDICIAL DISTRICT OF HARTFORD-NEW BRITAIN WHICH
SHALL HAVE JURISDICTION TO ORDER SUCH PERSON TO
APPEAR AND GIVE TESTIMONY OR TO PRODUCE SUCH
EVIDENCE, AS THE CASE MAY BE.
(d) THE CHILD ADVOCATE MAY APPLY FOR AND
ACCEPT GRANTS, GIFTS AND BEQUESTS OF FUNDS FROM
OTHER STATES, FEDERAL AND INTERSTATE AGENCIES AND
INDEPENDENT AUTHORITIES AND PRIVATE FIRMS,
INDIVIDUALS AND FOUNDATIONS, FOR THE PURPOSE OF
CARRYING OUT HIS RESPONSIBILITIES. THERE IS
ESTABLISHED WITHIN THE GENERAL FUND A CHILD
ADVOCATE ACCOUNT WHICH SHALL BE A SEPARATE
NONLAPSING ACCOUNT. ANY FUNDS RECEIVED UNDER THIS
SUBSECTION SHALL, UPON DEPOSIT IN THE GENERAL
FUND, BE CREDITED TO SAID ACCOUNT AND MAY BE USED
BY THE CHILD ADVOCATE IN THE PERFORMANCE OF HIS
DUTIES.
Sec. 5. Section 46a-13n of the general
statutes is repealed and the following is
substituted in lieu thereof:
[The Child Advocate shall have the following
rights and powers:
(1) To communicate privately by mail or orally
with any child or family in treatment or under
protective services;
(2) To have access, including the right to
inspect, copy and subpoena records held by the
clerk of the Family Division of the Superior
Court, law enforcement, agencies and institutions,
public or private, and other agencies or persons
with whom a particular child has been either
voluntarily or otherwise placed for care, or has
received treatment within the state;
(3) To take whatever steps are appropriate to
see that persons are made aware of the services of
the Office of the Child Advocate, its purpose and
how it can be contacted; and
(4) To apply for and accept grants, gifts and
bequests of funds from other states, federal and
interstate agencies and independent authorities
and private firms, individuals and foundations,
for the purpose of carrying out his lawful
responsibilities. The funds shall be deposited
within the General Fund for ancillary funding of
the Office of the Child Advocate.]
(a) THE NAME, ADDRESS AND OTHER PERSONALLY
IDENTIFIABLE INFORMATION OF A PERSON WHO MAKES A
COMPLAINT TO THE CHILD ADVOCATE AS PROVIDED IN
SECTION 46a-13l, AS AMENDED BY SECTION 3 OF THIS
ACT, ALL INFORMATION OBTAINED OR GENERATED BY THE
OFFICE IN THE COURSE OF AN INVESTIGATION AND ALL
CONFIDENTIAL RECORDS OBTAINED BY THE CHILD
ADVOCATE OR HIS DESIGNEE SHALL BE CONFIDENTIAL AND
SHALL NOT BE SUBJECT TO DISCLOSURE UNDER THE
FREEDOM OF INFORMATION ACT OR OTHERWISE, EXCEPT
THAT SUCH INFORMATION AND RECORDS, OTHER THAN
CONFIDENTIAL INFORMATION CONCERNING A PENDING LAW
ENFORCEMENT INVESTIGATION OR A PENDING
PROSECUTION, MAY BE DISCLOSED IF THE CHILD
ADVOCATE DETERMINES THAT DISCLOSURE IS (1) IN THE
GENERAL PUBLIC INTEREST OR (2) NECESSARY TO ENABLE
THE CHILD ADVOCATE TO PERFORM HIS RESPONSIBILITIES
UNDER SUBSECTION (a) OF SECTION 46a-13l, AS
AMENDED BY SECTION 3 OF THIS ACT, PROVIDED IN NO
EVENT SHALL THE NAME, ADDRESS OR OTHER PERSONALLY
IDENTIFIABLE INFORMATION OF A PERSON BE DISCLOSED
WITHOUT THE CONSENT OF SUCH PERSON. IF THE CHILD
ADVOCATE DETERMINES THAT DISCLOSURE OF
CONFIDENTIAL INFORMATION IS NOT IN THE PUBLIC
INTEREST BUT IS NECESSARY TO ENABLE HIM TO PERFORM
HIS RESPONSIBILITIES UNDER SUBSECTION (a) OF
SECTION 46a-13l, AS AMENDED BY SECTION 3 OF THIS
ACT, OR TO IDENTIFY, PREVENT OR TREAT THE ABUSE OR
NEGLECT OF A CHILD, HE MAY DISCLOSE SUCH
INFORMATION TO THE APPROPRIATE AGENCY RESPONSIBLE
FOR THE WELFARE OF SUCH CHILD.
(b) NO STATE OR MUNICIPAL AGENCY SHALL
DISCHARGE, OR IN ANY MANNER DISCRIMINATE OR
RETALIATE AGAINST, ANY EMPLOYEE WHO IN GOOD FAITH
MAKES A COMPLAINT TO THE CHILD ADVOCATE OR
COOPERATES WITH THE OFFICE OF THE CHILD ADVOCATE
IN AN INVESTIGATION.
Sec. 6. Subsection (b) of section 46a-13k of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The Office of the Child Advocate shall be
in the [Office of Protection and Advocacy for
Persons with Disabilities] FREEDOM OF INFORMATION
COMMISSION for administrative purposes only.
Sec. 7. Section 46a-13o of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) In addition to the powers set forth in
section 46a-13m, AS AMENDED BY SECTION 4 OF THIS
ACT, AND NOTWITHSTANDING SECTION 3-125, the Child
Advocate, or his designee, may represent, appear,
intervene in or bring an action on behalf of any
child [, with the consent of the parent or legal
guardian of such child] in any proceeding before
any court, agency, board or commission in this
state in which matters related to sections 46a-13k
to 46a-13q, inclusive, AS AMENDED BY THIS ACT, are
in issue. Prior to the institution of any action
brought pursuant to this subsection, the Child
Advocate shall make a good faith effort to resolve
issues or problems through mediation.
(b) Any judgment for compensation or order for
settlement of the claim for compensation entered
by the court pursuant to the provisions of
subsection (a) of this section shall be considered
as the estate of the child for whose benefit the
judgment or order is entered, to be held by the
Office of THE Child Advocate as guardian of such
compensation, and shall be deposited into a trust
account established by the office for the purposes
of distributing such funds to such child in
accordance with the plan adopted by the Family
Division of the Superior Court.
Sec. 8. Section 17a-28 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) As used in this section:
(1) "Person" means (A) any individual named in
a record, maintained by the department, who (i) is
presently or at any prior time was a ward of or
committed to the commissioner for any reason; [or]
(ii) otherwise received services, voluntarily or
involuntarily, from the department; OR (iii) IS
PRESENTLY OR WAS AT ANY PRIOR TIME THE SUBJECT OF
AN INVESTIGATION BY THE DEPARTMENT; (B) the parent
of a person, as defined in subparagraph (A) of
this subdivision, if such person is a minor; or
(C) the authorized representative of a person, as
defined in subparagraph (A) of this subdivision,
if such person is deceased;
(2) "Attorney" means the licensed attorney
authorized to assert the confidentiality of or
right of access to records of a person;
(3) "Authorized representative" means a
parent, guardian, conservator or other individual
authorized to assert the confidentiality of or
right of access to records of a person;
(4) "Consent" means permission given in
writing by a person, his attorney or his
authorized representative to disclose specified
information, within a limited time period,
regarding the person to specifically identified
individuals;
(5) "Records" means information created or
obtained in connection with the department's child
protection activities or activities related to a
child while in the care or custody of the
department, including information in the registry
of reports to be maintained by the commissioner
pursuant to section 17a-101k, provided records
which are not created by the department are not
subject to disclosure, except as provided pursuant
to subsection [(c), (i) or (k)] (e), (k) OR (m) of
this section;
(6) "Disclose" means (A) to provide an oral
summary of records maintained by the department to
an individual, agency, corporation or organization
or (B) to allow an individual, agency, corporation
or organization to review or obtain copies of such
records in whole, part or summary form.
(b) Notwithstanding the provisions of section
1-19, 1-19a or 1-19b, records maintained by the
department shall be confidential and shall not be
disclosed. Such records of any person may only be
disclosed, in whole or in part, to any individual,
agency, corporation or organization with the
consent of the person or as provided in this
section. Any unauthorized disclosure shall be
punishable by a fine of not more than one thousand
dollars or imprisonment for not more than one
year, or both.
(c) When information concerning an incident of
abuse or neglect has been made public or when the
commissioner reasonably believes publication of
such information is likely, the commissioner or
his designee may disclose, with respect to an
investigation of such abuse or neglect: (1)
Whether the department has received a report in
accordance with [section 17a-101b] SECTIONS
17a-101a TO 17a-101c, INCLUSIVE, or section
17a-103, and (2) in general terms, any action
taken by the department, provided names or other
individually identifiable information of the minor
victim or other family member shall not be
disclosed, notwithstanding such individually
identifiable information is otherwise available.
(d) The commissioner shall, upon written
request, disclose the following information
concerning agencies licensed by the Department of
Children and Families, except foster care parents,
relatives of the child who are certified to
provide foster care or prospective adoptive
families: (1) The name of the licensee; (2) the
date the original license was issued; (3) the
current status of the license; (4) whether an
agency investigation or review is pending or has
been completed; and (5) any licensing action taken
by the department at any time during the period
such license was issued and the reason for such
action, provided disclosure of such information
will not jeopardize a pending investigation.
(e) The commissioner or his designee shall,
upon request, promptly provide copies of records,
without the consent of a person, to (1) a law
enforcement agency, [and] (2) the Chief State's
Attorney or his designee or a state's attorney for
the judicial district in which the child resides
or in which the alleged abuse or neglect occurred
or his designee, for purposes of investigating or
prosecuting an allegation of child abuse or
neglect, (3) ANY STATE AGENCY WHICH LICENSES SUCH
PERSON TO CARE FOR CHILDREN PURSUANT TO SECTION
17a-101j, AND (4) THE GOVERNOR, WHEN REQUESTED IN
WRITING, IN THE COURSE OF HIS OFFICIAL FUNCTIONS
OR THE LEGISLATIVE PROGRAM REVIEW AND
INVESTIGATIONS COMMITTEE, THE COMMITTEE OF THE
GENERAL ASSEMBLY ON JUDICIARY AND THE COMMITTEE OF
THE GENERAL ASSEMBLY HAVING COGNIZANCE OF MATTERS
INVOLVING CHILDREN WHEN REQUESTED IN THE COURSE OF
SUCH COMMITTEES' OFFICIAL FUNCTIONS IN WRITING,
AND UPON A MAJORITY VOTE OF SAID COMMITTEE,
PROVIDED NO NAMES OR OTHER IDENTIFYING INFORMATION
SHALL BE DISCLOSED UNLESS IT IS ESSENTIAL TO THE
LEGISLATIVE OR GUBERNATORIAL PURPOSE. The
commissioner shall disclose to such law
enforcement agency or attorney any part of a
record, whether or not created by the department,
provided no confidential record of the Superior
Court shall be disclosed other than the petition
and any affidavits filed therewith in the superior
court for juvenile matters, except upon an order
of a judge of the Superior Court for good cause
shown. The commissioner shall also disclose the
name of any individual who cooperates with an
investigation of a report of child abuse or
neglect to such law enforcement agency or state's
attorney for purposes of investigating or
prosecuting an allegation of child abuse or
neglect.
(f) When the commissioner or his designee
determines it to be in a person's best interest,
the commissioner or his designee may disclose
records, WHETHER OR NOT CREATED BY THE DEPARTMENT
AND NOT OTHERWISE PRIVILEGED OR CONFIDENTIAL
COMMUNICATIONS UNDER STATE OR FEDERAL LAW, without
the consent of a person to:
(1) Multidisciplinary teams which are formed
to assist the department in investigation,
evaluation or treatment of child abuse and neglect
cases or a multidisciplinary provider of
professional treatment services under contract
with the department for a child referred to the
provider;
(2) Any agency in another state which is
responsible for investigating or protecting
against child abuse or neglect for the purpose of
investigating a child abuse case;
(3) An individual, including a physician,
authorized pursuant to section 17a-101f to place a
child in protective custody if such individual has
before him a child whom he reasonably suspects may
be a victim of abuse or neglect and such
individual requires the information in a record in
order to determine whether to place the child in
protective custody;
(4) An individual or public or private agency
responsible for a person's care and custody and
authorized by the department to diagnose, care
for, treat or supervise a child who is the subject
of a record of child abuse or neglect for a
purpose related to the individual's or agency's
responsibilities; [. Such records may include
petitions, affidavits and psychological
evaluations contained in records of the superior
court for juvenile matters and any medical records
in the custody of the commissioner;]
(5) The Attorney General or any assistant
attorney general providing legal counsel for the
department;
(6) Individuals or public or private agencies
engaged in medical, psychological or psychiatric
diagnosis or treatment of a person [or an
individual] perpetrating the abuse OR WHO IS
UNWILLING OR UNABLE TO PROTECT THE CHILD FROM
ABUSE OR NEGLECT when the commissioner or his
designee determines that the disclosure is needed
to accomplish the objectives of diagnosis or
treatment;
(7) A person who reports child abuse pursuant
to [section 17a-101b] SECTIONS 17a-101a TO
17a-101c, INCLUSIVE, AS AMENDED BY THIS ACT, and
section 17a-103, AS AMENDED BY SECTION 17 OF THIS
ACT, who made a report of abuse involving the
subject child, provided the information disclosed
is limited to (A) the status of the investigation
and (B) in general terms, any action taken by the
department;
[(8) The Governor, when requested in writing,
in the course of his official functions or the
Legislative Program Review and Investigations
Committee, the committee on judiciary and the
committee having cognizance of matters involving
children when requested in the course of such
committees' official functions, in writing, and
upon a majority vote of said committee, provided
no names or other identifying information shall be
disclosed unless it is essential to the
legislative or gubernatorial purpose;
(9)] (8) An individual conducting bona fide
research, provided no information identifying the
subjects of records shall be disclosed unless (A)
such information is essential to the purpose of
the research; (B) each person identified in a
record or his authorized representative has
authorized such disclosure in writing; and (C) the
department has given written approval;
[(10)] (9) The Auditors of Public Accounts or
their representative, provided no information
identifying the subjects of the records shall be
disclosed unless such information is essential to
an audit conducted pursuant to section 2-90.
(g) The commissioner or his designee may
disclose the name, address and fees for services
to a person, to individuals or agencies involved
in the collection of fees for such services,
except as provided in section 17b-225. In cases
where a dispute arises over such fees or claims or
where additional information is needed to
substantiate the fee or claim, such disclosure of
further information shall be limited to the
following: (1) That the person was in fact
committed to or otherwise served by the
department; (2) dates and duration of service; and
(3) a general description of the service, which
shall include evidence that a service or treatment
plan exists and has been carried out and evidence
to substantiate the necessity for admission and
length of stay in any institution or facility.
(h) Notwithstanding the provisions of
[subsection] SUBSECTIONS (f) AND (l) of this
section, the name of an individual reporting child
abuse or neglect [who is not mandated to do so
pursuant to section 17a-101,] shall not be
disclosed without his written consent except to
(1) an employee of the department responsible for
child protective services or the abuse registry;
(2) a law enforcement officer; (3) an appropriate
state's attorney; [or] (4) an appropriate
assistant attorney general; (5) A JUDGE OF THE
SUPERIOR COURT AND ALL NECESSARY PARTIES IN A
COURT PROCEEDING PURSUANT TO SECTION 46b-129, AS
AMENDED BY SECTION 19 OF THIS ACT, OR A CRIMINAL
PROSECUTION INVOLVING CHILD ABUSE OR NEGLECT; OR
(6) A STATE CHILD CARE LICENSING AGENCY, EXECUTIVE
DIRECTOR OF ANY INSTITUTION, SCHOOL OR FACILITY OR
SUPERINTENDENT OF SCHOOLS PURSUANT TO SECTION
17a-101i, AS AMENDED BY SECTION 14 OF THIS ACT.
(i) Notwithstanding the provisions of
subsection (f) of this section, the name of any
individual who cooperates with an investigation of
a report of child abuse or neglect shall be kept
confidential upon request or upon determination by
the department that disclosure of such information
may be detrimental to the safety or interests of
the individual, except the name of any such
individual shall be disclosed to [a law
enforcement agency, assistant attorney general or
state's attorney pursuant to subsection (e) of
this section] THE PERSONS LISTED IN SUBSECTION (h)
OF THIS SECTION.
(j) Notwithstanding the confidentiality
provisions of this section, the commissioner, upon
request of an employee, shall disclose such
records to such employee or his authorized
representative which would be applicable and
necessary for the purposes of an employee
disciplinary hearing or appeal from a decision
after such hearing.
(k) Information disclosed from a person's
record shall not be disclosed further without the
written consent of the person, except if disclosed
to a party or his counsel pursuant to an order of
a court in which a criminal prosecution or an
abuse, neglect, commitment or termination
proceeding against the party is pending. A state's
attorney shall disclose to the defendant or his
counsel in a criminal prosecution, without the
necessity of a court order, exculpatory
information and material contained in such record
and may disclose, without a court order,
information and material contained in such record
which could be the subject of a disclosure order.
All written records disclosed to another
individual or agency shall bear a stamp requiring
confidentiality in accordance with the provisions
of this section. Such material shall not be
disclosed to anyone without written consent of the
person or as provided by this section. A copy of
the consent form specifying to whom and for what
specific use the record is disclosed or a
statement setting forth any other statutory
authorization for disclosure and the limitations
imposed thereon shall accompany such record. In
cases where the disclosure is made orally, the
individual disclosing the information shall inform
the recipient that such information is governed by
the provisions of this section.
(l) In addition to the right of access
provided in section 1-19, any person, regardless
of age, his authorized representative or attorney
shall have the right of access to any records
made, maintained or kept on file by the
department, whether or not such records are
required by any law or by any rule or regulation,
when those records pertain to or contain
information or materials concerning the person
seeking access thereto, including but not limited
to records concerning investigations, reports, or
medical, psychological or psychiatric examinations
of the person seeking access thereto, provided
that (1) information identifying an individual who
reported abuse or neglect of a person, INCLUDING
ANY TAPE RECORDING OF AN ORAL REPORT PURSUANT TO
SECTION 17a-103, AS AMENDED BY SECTION 17 OF THIS
ACT, shall not be released [if the individual
requested that his identity be kept confidential
or if the commissioner determines that the
individual would be endangered by the release of
such information] UNLESS, UPON APPLICATION TO THE
SUPERIOR COURT BY SUCH PERSON AND SERVED ON THE
COMMISSIONER OF CHILDREN AND FAMILIES, A JUDGE
DETERMINES, AFTER IN CAMERA INSPECTION OF RELEVANT
RECORDS AND A HEARING, THAT THERE IS REASONABLE
CAUSE TO BELIEVE THE REPORTER KNOWINGLY MADE A
FALSE REPORT OR THAT OTHER INTERESTS OF JUSTICE
REQUIRE SUCH RELEASE; and (2) if the commissioner
determines that it would be contrary to the best
interests of the person or his authorized
representative or attorney to review the records,
he may refuse access by issuing to such person or
representative or attorney a written statement
setting forth the reasons for such refusal, and
advise the person, his authorized representative
or attorney of the right to seek judicial relief.
When any person, attorney or authorized
representative, having obtained access to any
record, believes there are factually inaccurate
entries or materials contained therein, he shall
have the unqualified right to add a statement to
the record setting forth what he believes to be an
accurate statement of those facts, and said
statement shall become a permanent part of said
record.
(m) (1) Any person, attorney or authorized
representative aggrieved by a violation of
subsection (b), (e), (f), (g), (h), (i) or (k) of
this section or of subsection (l) of this section,
except subdivision (2) of said subsection (l), may
seek judicial relief in the same manner as
provided in section 52-146j; (2) any person,
attorney or authorized representative denied
access to records by the commissioner under
subdivision (2) of subsection (l) of this section
may petition the superior court for the venue
district provided in section 46b-142 in which the
person resides for an order requiring the
commissioner to permit access to those records,
and the court after hearing, and an in camera
review of the records in question, shall issue
such an order unless it determines that to permit
such access would be contrary to the best
interests of the person or authorized
representative.
(n) The commissioner shall promulgate
regulations pursuant to chapter 54, within one
year of October 1, 1996, to establish procedures
for access to and disclosure of records consistent
with the provisions of this section.
Sec. 9. Section 17a-101a of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any mandated reporter, as defined in section
17a-101, who in his professional capacity has
reasonable cause to suspect or believe that any
child under the age of eighteen years [is in
danger of being] HAS BEEN abused, AS DEFINED IN
SECTION 46b-120, AS AMENDED BY SECTION 18 OF THIS
ACT, or has had nonaccidental physical injury, or
injury which is at variance with the history given
of such injury, inflicted upon him by a person
responsible for such child's health, welfare or
care or by a person given access to such child by
such responsible person, or has been neglected, as
defined in section 46b-120, shall report or cause
a report to be made in accordance with the
provisions of sections 17a-101b to 17a-101d,
inclusive. Any person required to report under the
provisions of this section who fails to make such
report shall be fined not more than five hundred
dollars.
Sec. 10. Section 17a-101b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) An oral report shall be made by a mandated
reporter within twenty-four hours of [suspecting
or believing] HAVING REASONABLE CAUSE TO SUSPECT
OR BELIEVE that a child has been abused or
neglected by telephone or in person to the
Commissioner of Children and Families or a law
enforcement agency. If a law enforcement agency
receives an oral report, it shall immediately
notify the Commissioner of Children and Families.
(b) IF THE COMMISSIONER OR HIS REPRESENTATIVE
SUSPECTS OR KNOWS THAT SUCH PERSON HAS KNOWINGLY
MADE A FALSE REPORT, THE IDENTITY OF SUCH PERSON
SHALL BE DISCLOSED TO THE APPROPRIATE LAW
ENFORCEMENT AGENCY AND TO THE PERPETRATOR OF THE
ALLEGED ABUSE.
(c) If the Commissioner of Children and
Families, or his designee, receives a report
alleging sexual abuse or serious physical abuse,
including, but not limited to, a report that: (1)
A child has died; (2) a child has been sexually
assaulted; (3) a child has suffered brain damage,
loss or serious impairment of a bodily function or
organ; (4) a child has been sexually exploited; or
(5) a child has suffered serious nonaccidental
physical injury, he shall, within twenty-four
hours of receipt of such report, notify the
appropriate law enforcement agency.
[(b)] (d) When a mandated reporter, as defined
in section 17a-101, has reasonable cause to
suspect or believe that any child has been abused
or neglected by a member of the staff of a public
or private institution or facility that provides
care for such child or public or private school,
he shall report as required in subsection (a) of
this section and shall also notify the person in
charge of such institution, school or facility or
the person's designee. Such person in charge, or
his designee, shall then immediately notify the
child's parent or other person responsible for the
child's care that a report has been made.
Sec. 11. Section 17a-101c of the general
statutes is repealed and the following is
substituted in lieu thereof:
[Unless a mandated reporter has orally
provided the information required by section
17a-101d to the Commissioner of Children and
Families within] WITHIN forty-eight hours of
making an oral report, a mandated reporter shall
submit a written report to the Commissioner of
Children and Families or his representative. When
a mandated reporter is a member of the staff of a
public or private institution or facility that
provides care for such child or public or private
school he shall also submit a COPY OF THE written
report to the person in charge of such
institution, school or facility or the person's
designee. In the case of a report concerning a
certified school employee, a COPY OF THE written
report shall also be sent by the person in charge
of such institution, school or facility to the
Commissioner of Education or his representative.
In the case of an employee of a facility or
institution that provides care for a child which
is licensed by the state, a COPY OF THE written
report shall also be sent to the executive head of
the state licensing agency.
Sec. 12. Section 17a-101e of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No employer shall discharge, or in any
manner discriminate or retaliate against, any
employee who in good faith makes a report pursuant
to sections 17a-101a to 17a-101d, inclusive, AS
AMENDED BY THIS ACT, and section 17a-103, AS
AMENDED BY SECTION 17 OF THIS ACT, testifies or is
about to testify in any proceeding involving child
abuse or neglect. The Attorney General may bring
an action in Superior Court against an employer
who violates this subsection. The court may assess
a civil penalty of not more than two thousand five
hundred dollars and may order such other equitable
relief as the court deems appropriate.
(b) Any person, institution or agency which,
in good faith, makes, OR IN GOOD FAITH DOES NOT
MAKE, the report pursuant to sections 17a-101a to
17a-101d, inclusive, AS AMENDED BY THIS ACT, and
section 17a-103, AS AMENDED BY SECTION 17 OF THIS
ACT, shall be immune from any liability, civil or
criminal, which might otherwise be incurred or
imposed and shall have the same immunity with
respect to any judicial proceeding which results
from such report provided such person did not
perpetrate or cause such abuse or neglect.
(c) Any person who knowingly makes a false
report of child abuse or neglect pursuant to
sections 17a-101a to 17a-101d, inclusive, AS
AMENDED BY THIS ACT, and section 17a-103, AS
AMENDED BY SECTION 17 OF THIS ACT, shall be fined
not more than two thousand dollars or imprisoned
not more than one year or both.
Sec. 13. Section 17a-101g of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Upon receiving a report of child abuse as
provided in [section 17a-101b] SECTIONS 17a-101a
TO 17a-101c, INCLUSIVE, AS AMENDED BY THIS ACT, OR
SECTION 17a-103, AS AMENDED BY SECTION 17 OF THIS
ACT, the Commissioner of Children and Families, or
his designee, shall cause the report to be
classified and evaluated immediately. If the
report contains sufficient information to warrant
an investigation, the commissioner shall make his
best efforts to commence an investigation of a
report concerning an imminent risk of physical
harm to a child or other emergency within two
hours of receipt of the report and SHALL commence
AN INVESTIGATION OF all other reports within
seventy-two hours of receipt of the report. The
department shall complete any such investigation
within thirty calendar days of receipt of the
report.
(b) The investigation shall include a home
visit at which the child and any siblings are
observed, if appropriate, a determination of the
nature, extent and cause or causes of the reported
abuse or neglect, a determination of the person or
persons suspected to be responsible for such abuse
or neglect, the name, age and condition of other
children residing in the same household and an
evaluation of the parents and the home. The report
of such investigation shall be in writing. The
investigation shall also include, but not be
limited to, a review of criminal conviction
information concerning the person or persons
alleged to be responsible for such abuse or
neglect and previous allegations of abuse or
neglect relating to the child or other children
residing in the household or relating to family
violence.
(c) If the Commissioner of Children and
Families, or his designee, has probable cause to
believe that the child or any other child in the
household is in imminent risk of physical harm
from his surroundings and that immediate removal
from such surroundings is necessary to ensure the
child's safety, the commissioner, or his designee,
shall authorize any employee of the department or
any law enforcement officer to remove the child
and any other child similarly situated from such
surroundings without the consent of the child's
parent or guardian. The commissioner shall record
in writing the reasons for such removal and
include such record with the report of the
investigation conducted under subsection (b) of
this section.
(d) The removal of a child pursuant to
subsection (c) of this section shall not exceed
ninety-six hours. During the period of such
removal, the commissioner, or his designee, shall
provide the child with all necessary care,
including medical care, which may include an
examination by a physician or mental health
professional with or without the consent of the
child's parents, guardian or other person
responsible for the child's care, provided
reasonable attempts have been made to obtain
consent of the child's parents or guardian or
other person responsible for the care of such
child. During the course of a medical examination,
a physician may perform diagnostic tests and
procedures necessary for the detection of child
abuse or neglect. If the child is not returned
home within such ninety-six-hour period, with or
without protective services, the department shall
proceed in accordance with section 46b-129, AS
AMENDED BY SECTION 19 OF THIS ACT.
Sec. 14. Section 17a-101i of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Notwithstanding any provision of the
general statutes to the contrary, [whenever an
investigation pursuant to section 17a-101g
produces evidence] AFTER AN INVESTIGATION HAS BEEN
COMPLETED AND THE COMMISSIONER OF CHILDREN AND
FAMILIES, BASED UPON THE RESULTS OF THE
INVESTIGATION, HAS REASONABLE CAUSE TO BELIEVE
that a child has been abused by a certified public
school employee in a position requiring a
certificate, THE COMMISSIONER SHALL NOTIFY THE
SUPERINTENDENT OF SUCH FINDING AND SHALL PROVIDE
RECORDS, WHETHER OR NOT CREATED BY THE DEPARTMENT,
CONCERNING SUCH INVESTIGATION TO the
superintendent WHO shall suspend such school
employee. Such suspension shall be with pay and
shall not result in the diminution or termination
of benefits to such employee. Within seventy-two
hours after such suspension the superintendent
shall notify the local or regional board of
education and the Commissioner of Education, or
his representative, of the reasons for and
conditions of the suspension. [Any decision by the
superintendent concerning such] THE SUPERINTENDENT
SHALL DISCLOSE SUCH RECORDS TO THE COMMISSIONER OF
EDUCATION AND LOCAL OR REGIONAL BOARDS OF
EDUCATION OR THEIR ATTORNEY FOR PURPOSES OF REVIEW
OF EMPLOYMENT STATUS OR CERTIFICATION. SUCH
suspension shall remain in effect until the board
of education acts pursuant to the provisions of
section 10-151. If the contract of employment of
[a] SUCH certified school employee is terminated,
[as a result of an investigation pursuant to this
section,] the superintendent shall notify the
Commissioner of Education, or his representative,
within seventy-two hours after such termination.
Upon receipt of [any report required pursuant to
sections 17a-101a to 17a-101e, inclusive] SUCH
NOTICE FROM THE SUPERINTENDENT, the Commissioner
of Education may commence certification revocation
proceedings pursuant to the provisions of
subsection (m) of section 10-145b. Notwithstanding
the provisions of sections 1-19 and 1-19a,
information [contained in reports] received by the
Commissioner of Education, or his representative,
pursuant to [sections 17a-101a to 17a-101e,
inclusive,] THIS SECTION shall be confidential
subject to regulations adopted by the State Board
of Education under section 10-145g.
(b) [Whenever the investigation, pursuant to
section 17a-101g, produces evidence] AFTER AN
INVESTIGATION HAS BEEN COMPLETED AND THE
COMMISSIONER OF CHILDREN AND FAMILIES, BASED UPON
THE RESULTS OF THE INVESTIGATION, HAS REASONABLE
CAUSE TO BELIEVE that a child has been abused by a
staff member of a public or private institution or
facility providing care for children or private
school, [such] THE COMMISSIONER SHALL NOTIFY THE
EXECUTIVE DIRECTOR OF SUCH INSTITUTION, SCHOOL OR
FACILITY AND SHALL PROVIDE RECORDS, WHETHER OR NOT
CREATED BY THE DEPARTMENT CONCERNING SUCH
INVESTIGATION TO SUCH EXECUTIVE DIRECTOR. SUCH
institution, school or facility may suspend such
staff person. Such suspension shall be with pay
and shall not result in diminution or termination
of benefits to such employee. Such suspension
shall remain in effect until the incident of abuse
has been satisfactorily resolved by the
[investigative agencies involved] EMPLOYER OF THE
STAFF PERSON.
(c) If a school employee or any person holding
a certificate issued by the State Board of
Education under the provisions of sections 10-144o
to 10-149, inclusive, is convicted of a crime
involving an act of child abuse or neglect as
described in [sections 17a-101a and 17a-101h]
SECTION 46b-120, AS AMENDED BY SECTION 18 OF THIS
ACT, or a violation of section 53a-71 or 53a-73a,
the state's attorney for the judicial district in
which the conviction occurred shall in writing
notify the superintendent of the school district
or the supervisory agent of the nonpublic school
in which the person is employed and the
Commissioner of Education of such conviction.
(d) For the purposes of receiving and making
reports, notifying and receiving notification, or
investigating, pursuant to the provisions of
sections 17a-101a to 17a-101h, inclusive, AS
AMENDED BY THIS ACT, AND SECTION 17a-103, AS
AMENDED BY SECTION 17 OF THIS ACT, a
superintendent of a school district or a
supervisory agent of a nonpublic school may assign
a designee to act on his behalf.
(e) On or before February 1, 1997, each local
and regional board of education shall adopt a
written policy regarding the reporting by school
employees of suspected child abuse in accordance
with sections 17a-101a to 17a-101d, inclusive, AS
AMENDED BY THIS ACT, AND SECTION 17a-103, AS
AMENDED BY SECTION 17 OF THIS ACT.
Sec. 15. Section 17a-101j of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) After the investigation has been completed
and the Commissioner of Children and Families has
reasonable cause to believe that sexual abuse or
serious physical abuse of a child has occurred,
the commissioner shall notify the Chief State's
Attorney or his designee or a state's attorney for
the judicial district in which the child resides
or in which the abuse or neglect occurred and to
the appropriate local law enforcement authority of
such belief and shall provide a copy of the report
required in [section 17a-101g] SECTIONS 17a-101a
TO 17a-101c, INCLUSIVE, AS AMENDED BY THIS ACT,
AND SECTION 17a-103, AS AMENDED BY SECTION 17 OF
THIS ACT.
(b) Whenever a report has been made pursuant
to [section 17a-101b] SECTIONS 17a-101a TO
17a-101c, INCLUSIVE, AS AMENDED BY THIS ACT, and
section 17a-103, AS AMENDED BY SECTION 17 OF THIS
ACT, alleging that abuse or neglect has occurred
at an institution or facility that provides care
for children which is subject to licensure by the
state FOR THE CARING OF CHILDREN and the
Commissioner of Children and Families, after
investigation, has reasonable cause to believe
abuse or neglect has occurred, the commissioner
shall forthwith notify the state agency
responsible for SUCH licensure of such institution
or facility [of such information] AND PROVIDE
RECORDS, WHETHER OR NOT CREATED BY THE DEPARTMENT,
CONCERNING SUCH INVESTIGATION.
(c) If, after the investigation is completed,
the commissioner determines that the person
inflicting abuse or neglecting a child is in need
of treatment for substance abuse, the commissioner
shall refer such person to appropriate treatment
services.
Sec. 16. Section 17a-101k of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Children and Families
shall maintain a registry of the reports received
pursuant to sections 17a-101a to 17a-101d,
inclusive, AS AMENDED BY THIS ACT, AND SECTION
17a-103, AS AMENDED BY SECTION 17 OF THIS ACT, and
shall adopt regulations to permit the use of the
registry on a twenty-four-hour daily basis to
prevent or discover abuse of children. The
information contained in the reports and any other
information relative to child abuse, wherever
located, shall be confidential subject to such
STATUTES AND regulations governing their use and
access as shall conform to the requirements of
federal law or regulations. Any violation of this
section or the regulations adopted by the
commissioner under this section shall be
punishable by a fine of not more than one thousand
dollars or imprisonment for not more than one
year.
Sec. 17. Section 17a-103 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any MANDATED REPORTER ACTING OUTSIDE HIS
PROFESSIONAL CAPACITY AND ANY OTHER person [other
than those enumerated in subsection (b) of section
17a-101] having reasonable cause to suspect or
believe that any child under the age of eighteen
is in danger of being abused, or has been abused
or neglected, as defined in section 46b-120, AS
AMENDED BY SECTION 18 OF THIS ACT, may cause a
written or oral report to be made to the
Commissioner of Children and Families or his
representative or a law enforcement agency. The
Commissioner of Children and Families or his
representative shall use his best efforts to
obtain the name and address of a person who causes
a report to be made pursuant to this section. IN
THE CASE OF AN ORAL REPORT, SUCH REPORT SHALL BE
RECORDED ON TAPE AND THE COMMISSIONER OR HIS
REPRESENTATIVE SHALL ANNOUNCE TO THE PERSON MAKING
SUCH REPORT THAT SUCH REPORT IS BEING RECORDED AND
SHALL STATE THE PENALTY FOR KNOWINGLY MAKING A
FALSE REPORT OF CHILD ABUSE OR NEGLECT UNDER
SUBSECTION (c) OF SECTION 17a-101e, AS AMENDED BY
SECTION 12 OF THIS ACT.
(b) NOTWITHSTANDING THE PROVISIONS OF SECTION
17a-101k, AS AMENDED BY SECTION 16 OF THIS ACT, IF
THE IDENTITY OF ANY SUCH PERSON WHO MADE A REPORT
PURSUANT TO SUBSECTION (a) OF THIS SECTION IS
KNOWN, AND THE COMMISSIONER OR HIS REPRESENTATIVE
SUSPECTS OR KNOWS THAT SUCH PERSON HAS KNOWINGLY
MADE A FALSE REPORT, SUCH IDENTITY SHALL BE
DISCLOSED TO THE APPROPRIATE LAW ENFORCEMENT
AGENCY AND TO THE PERPETRATOR OF THE ALLEGED
ABUSE.
(c) IF THE COMMISSIONER OF CHILDREN AND
FAMILIES, OR HIS DESIGNEE, RECEIVES A REPORT
ALLEGING SEXUAL ABUSE OR SERIOUS PHYSICAL ABUSE,
INCLUDING, BUT NOT LIMITED TO, A REPORT THAT: (1)
A CHILD HAS DIED; (2) A CHILD HAS BEEN SEXUALLY
ASSAULTED; (3) A CHILD HAS SUFFERED BRAIN DAMAGE,
LOSS OR SERIOUS IMPAIRMENT OF A BODILY FUNCTION OR
ORGAN; (4) A CHILD HAS BEEN SEXUALLY EXPLOITED; OR
(5) A CHILD HAS SUFFERED SERIOUS NONACCIDENTAL
PHYSICAL INJURY, HE SHALL, WITHIN TWENTY-FOUR
HOURS OF RECEIPT OF SUCH REPORT, NOTIFY THE
APPROPRIATE LAW ENFORCEMENT AGENCY.
Sec. 18. Section 46b-120 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The terms used in this chapter shall, in its
interpretation and in the interpretation of other
statutes, be defined as follows: (1) "Child" means
any person under sixteen years of age; (2) "youth"
means any person sixteen to eighteen years of age;
(3) "abused" means that a child or youth (A) has
had physical injury or injuries inflicted upon him
other than by accidental means, or (B) has
injuries which are at variance with the history
given of them, or (C) is in a condition which is
the result of maltreatment such as, but not
limited to, malnutrition, sexual molestation OR
EXPLOITATION, deprivation of necessities,
emotional maltreatment or cruel punishment; (4) a
child may be found "mentally deficient" who, by
reason of a deficiency of intelligence, which has
existed from birth or from early age, requires, or
will require, for his protection or for the
protection of others, special care, supervision
and control; (5) a child may be found "delinquent"
(A) who has violated any federal or state law or
municipal or local ordinance, other than an
ordinance regulating behavior of a child in a
family with service needs as defined in this
section or (B) who has violated any order of the
Superior Court; (6) a child or youth may be found
"dependent" whose home is a suitable one for him,
save for the financial inability of his parents,
parent, guardian or other person maintaining such
home, to provide the specialized care his
condition requires; (7) a "family with service
needs" means a family which includes a child who
(A) has without just cause run away from his
parental home or other properly authorized and
lawful place of abode; (B) is beyond the control
of his parent, parents, guardian or other
custodian; (C) has engaged in indecent or immoral
conduct; (D) is a truant or habitual truant or
who, while in school, has been continuously and
overtly defiant of school rules and regulations;
or (E) is thirteen years of age or older and has
engaged in sexual intercourse with another person
and such other person is thirteen years of age or
older and not more than two years older or younger
than such child; (8) a child or youth may be found
"neglected" who (A) has been abandoned or (B) is
being denied proper care and attention,
physically, educationally, emotionally or morally
or (C) is being permitted to live under
conditions, circumstances or associations
injurious to his well-being, or (D) has been
abused; (9) a child or youth may be found "uncared
for" who is homeless or whose home cannot provide
the specialized care which his physical, emotional
or mental condition requires. For the purposes of
this section the treatment of any child by an
accredited Christian Science practitioner in lieu
of treatment by a licensed practitioner of the
healing arts, shall not of itself constitute
neglect or maltreatment; (10) "delinquent act"
means the violation of any federal or state law or
municipal or local ordinance, other than an
ordinance regulating the behavior of a child in a
family with service needs, or the violation of any
order of the Superior Court; (11) "serious
juvenile offense" means (A) the violation by a
child, including attempt or conspiracy to violate
sections 21a-277, 21a-278, 29-33, 29-34, 29-35,
53-21, 53-80a, 53-202b, 53-202c, 53-390 to 53-392,
inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to
53a-60c, inclusive, 53a-70 to 53a-71, inclusive,
53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive,
53a-95, 53a-101, 53a-102a, 53a-103a, 53a-111 to
53a-113, inclusive, subdivision (1) of subsection
(a) of section 53a-122, subdivision (3) of
subsection (a) of section 53a-123, 53a-134,
53a-135, 53a-166, 53a-167c, subsection (a) of
section 53a-174, 53a-196a, 53a-211, 53a-212,
53a-216 or 53a-217b, or (B) running away, without
just cause, from any secure placement other than
home while referred as a delinquent child to the
Office of Alternative Sanctions or committed as a
delinquent child to the Commissioner of Children
and Families for a serious juvenile offense; (12)
"serious juvenile offender" means any child
convicted as delinquent for commission of a
serious juvenile offense; (13) "serious juvenile
repeat offender" means any child charged with the
commission of any felony if such child has
previously been convicted delinquent at any age
for two violations of any provision of title 21a,
29, 53 or 53a which is designated as a felony;
(14) "alcohol-dependent child" means any child who
has a psychoactive substance dependence on alcohol
as that condition is defined in the most recent
edition of the American Psychiatric Association's
"Diagnostic and Statistical Manual of Mental
Disorders"; (15) "drug-dependent child" means any
child who has a psychoactive substance dependence
on drugs as that condition is defined in the most
recent edition of the American Psychiatric
Association's "Diagnostic and Statistical Manual
of Mental Disorders". No child shall be classified
as drug dependent who is dependent (A) upon a
morphine-type substance as an incident to current
medical treatment of a demonstrable physical
disorder other than drug dependence, or (B) upon
amphetamine-type, ataractic, barbiturate-type,
hallucinogenic or other stimulant and depressant
substances as an incident to current medical
treatment of a demonstrable physical or
psychological disorder, or both, other than drug
dependence.
Sec. 19. Subsection (d) of section 46b-129 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) Upon finding and adjudging that any child
or youth is uncared-for, neglected or dependent,
the court may commit him to the Commissioner of
Children and Families for a maximum period of
twelve months, unless such period is extended in
accordance with the provisions of subsection (e)
of this section, provided such commitment or any
extension thereof may be revoked or parental
rights terminated at any time by the court, or the
court may vest such child's or youth's care and
personal custody in any private or public agency
which is permitted by law to care for neglected,
uncared-for or dependent children or youth or with
any person found to be suitable and worthy of such
responsibility by the court. THE COURT SHALL ORDER
SPECIFIC STEPS WHICH THE PARENT MUST TAKE TO
FACILITATE THE RETURN OF THE CHILD OR YOUTH TO THE
CUSTODY OF SUCH PARENT. The commissioner shall be
the guardian of such child or youth for the
duration of the commitment, provided the child or
youth has not reached the age of eighteen years
or, in the case of a child or youth in full-time
attendance in a secondary school, a technical
school, a college or a state-accredited job
training program, provided such child or youth has
not reached the age of twenty-one, by consent of
such youth, or until another guardian has been
legally appointed, and in like manner, upon such
vesting of his care, such other public or private
agency or individual shall be the guardian of such
child or youth until he has reached the age of
eighteen years or, in the case of a child or youth
in full-time attendance in a secondary school, a
technical school, a college or a state-accredited
job training program, until such child or youth
has reached the age of twenty-one years or until
another guardian has been legally appointed. Said
commissioner may place any child or youth so
committed to him in a suitable foster home or in
the home of a person related by blood to such
child or youth or in a licensed child-caring
institution or in the care and custody of any
accredited, licensed or approved child-caring
agency, within or without the state, provided a
child shall not be placed outside the state except
for good cause and unless the parents of such
child are notified in advance of such placement
and given an opportunity to be heard, or in a
receiving home maintained and operated by the
Commissioner of Children and Families. In placing
such child or youth, said commissioner shall, if
possible, select a home, agency, institution or
person of like religious faith to that of a parent
of such child or youth, if such faith is known or
may be ascertained by reasonable inquiry, provided
such home conforms to the standards of said
commissioner AND THE COMMISSIONER SHALL, WHEN
PLACING SIBLINGS, IF POSSIBLE, PLACE SUCH CHILDREN
TOGETHER. AS AN ALTERNATIVE TO COMMITMENT, THE
COURT MAY PLACE THE CHILD IN THE CUSTODY OF THE
PARENT OR GUARDIAN WITH PROTECTIVE SUPERVISION BY
THE COMMISSIONER OF CHILDREN AND FAMILIES SUBJECT
TO CONDITIONS ESTABLISHED BY THE COURT.
Sec. 20. (NEW) The Commissioner of Children
and Families shall provide a telephone hotline for
child abuse that shall be dedicated to receive
reports of child abuse.
Sec. 21. Subsection (a) of section 46b-127 of
the general statutes, as amended by section 1 of
public act 97-4, is repealed and the following is
substituted in lieu thereof:
(a) The court shall automatically transfer
from the docket for juvenile matters to the
regular criminal docket of the Superior Court the
case of any child charged with the commission of a
capital felony, a class A or B felony or a
violation of section 53a-54d, provided such
offense was committed after such child attained
the age of fourteen years AND COUNSEL HAS BEEN
APPOINTED FOR SUCH CHILD IF SUCH CHILD IS
INDIGENT. SUCH COUNSEL MAY APPEAR WITH THE CHILD
BUT SHALL NOT BE PERMITTED TO MAKE ANY ARGUMENT OR
FILE ANY MOTION IN OPPOSITION TO THE TRANSFER. The
child shall be arraigned in the regular criminal
docket of the Superior Court at the next court
date following such transfer. The file of any case
so transferred shall remain sealed until the tenth
day following such arraignment unless the state's
attorney has filed a motion pursuant to this
subsection in which case such file shall remain
sealed until the court makes a decision on the
motion. A state's attorney may, not later than ten
working days after such arraignment, file a motion
to transfer the case of any child charged with the
commission of a class B felony to the docket for
juvenile matters for disposition in accordance
with the provisions of this chapter. The court
sitting for the regular criminal docket shall,
after hearing and not later than ten working days
after the filing of such motion, decide such
motion.
Sec. 22. This act shall take effect July 1,
1997, except that sections 1 to 5, inclusive, and
section 7 shall take effect October 1, 1997.
Approved July 10, 1997