Substitute House Bill No. 5745
Substitute House Bill No. 5745
PUBLIC ACT NO. 98-241
AN ACT CONCERNING CHILD PROTECTION AND
ESTABLISHING MULTIDISCIPLINARY TEAMS TO RESPOND TO
REPORTS OF CHILD ABUSE.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 17a-1 of the general
statutes, as amended by section 1 of public act
97-272, is repealed and the following is
substituted in lieu thereof:
As used in sections 17a-1 to 17a-26,
inclusive, AS AMENDED, 17a-28 to 17a-49,
inclusive, AS AMENDED, 46b-120, and section 2 of
[this act] PUBLIC ACT 97-272:
(1) "Commissioner" means the Commissioner of
Children and Families;
(2) "Council" means the State Advisory Council
on Children and Families;
(3) "Department" means the Department of
Children and Families;
(4) "Child" means any person under sixteen
years of age;
(5) "Youth" means any person sixteen to
eighteen years of age;
(6) "Delinquent child" shall have the meaning
ascribed thereto in section 46b-120, AS AMENDED;
(7) "Child or youth with mental illness" means
a child or youth who is suffering from one or more
mental disorders as defined in the most recent
edition of the American Psychiatric Association's
"Diagnostic and Statistical Manual of Mental
Disorders";
(8) "Child or youth with emotional
disturbance" means a child or youth who has a
clinically significant emotional or behavioral
disorder, as determined by a trained mental health
professional, that disrupts the academic or
developmental progress, family or interpersonal
relationships of such child or youth or is
associated with present distress or disability or
a risk of suffering death, pain or disability;
(9) "Individual system of care plan" means a
written plan developed by the Commissioner of
Children and Families for a child or youth who is
mentally ill or emotionally disturbed or at
placement risk which shall be developed when such
child or youth needs services from at least two
public agencies and which shall be designed to
meet the needs of the child or youth and his
family;
(10) "Family" means a child or youth who is
mentally ill or emotionally disturbed or at
placement risk together with (A) one or more
biological or adoptive parents, except for a
biological parent whose parental rights have been
terminated, (B) one or more persons to whom legal
custody or guardianship has been given, or (C) one
or more adult family members who have a primary
responsibility for providing continuous care to
such child or youth;
(11) "Child or youth at placement risk" means
a mentally ill or emotionally disturbed child or
youth who is at risk of placement out of his home
or is in placement out of his home for the primary
purpose of receiving mental health treatment;
[and]
(12) "Parent" means a biological or adoptive
parent, except a biological parent whose parental
rights have been terminated; AND
(13) "GUARDIAN" MEANS A PERSON WHO HAS A
JUDICIALLY CREATED RELATIONSHIP BETWEEN A CHILD
AND SUCH PERSON WHICH IS INTENDED TO BE PERMANENT
AND SELF-SUSTAINING AS EVIDENCED BY THE TRANSFER
TO SUCH PERSON OF THE FOLLOWING PARENTAL RIGHTS
WITH RESPECT TO THE CHILD: (A) THE OBLIGATION OF
CARE AND CONTROL; (B) THE AUTHORITY TO MAKE MAJOR
DECISIONS AFFECTING THE CHILD'S WELFARE,
INCLUDING, BUT NOT LIMITED TO, CONSENT
DETERMINATIONS REGARDING MARRIAGE, ENLISTMENT IN
THE ARMED FORCES AND MAJOR MEDICAL, PSYCHIATRIC OR
SURGICAL TREATMENT; (C) THE OBLIGATION OF
PROTECTION OF THE CHILD; (D) THE OBLIGATION TO
PROVIDE ACCESS TO EDUCATION; AND (E) CUSTODY OF
THE CHILD.
Sec. 2. Section 17a-15 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The commissioner [, or his designee,]
shall prepare and maintain a written plan for
care, [and] treatment AND PERMANENT PLACEMENT of
every child and youth under his supervision, which
shall include but not be limited to a diagnosis of
the problems of each child or youth, [together
with] 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 [or his designee] shall
at least every six months, review the [treatment
plan and placement] PLAN of each child and youth
under his supervision for the purpose of
determining whether [the treatment] SUCH plan [and
placement] is appropriate AND MAKE ANY APPROPRIATE
MODIFICATIONS TO SUCH PLAN.
(c) Any child or youth or his parent or
guardian aggrieved by any provision of a
[treatment] 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 his parent or guardian
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) Any hearing held pursuant to a request
made under subsection (c) 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.
Sec. 3. Section 17a-101a of the general
statutes, as amended by section 9 of public act
97-319, 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 has been
abused, as defined in section 46b-120, as amended
by section 18 of [this act] PUBLIC ACT 97-319, 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 IS PLACED AT IMMINENT
RISK OF SERIOUS HARM BY AN ACT OR FAILURE TO ACT
ON THE PART OF 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. 4. Section 17a-151 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Children and Families
shall investigate the conditions stated in each
application made to him under the provisions of
section 17a-145 [and the] AND REQUEST A CRIMINAL
RECORDS CHECK FOR ANY PERSON APPLYING UNDER SAID
SECTION. THE commissioner shall investigate the
conditions in each application under the
provisions of section 17a-149 and, if the
commissioner finds such conditions suitable for
the proper care of children, or for the placing
out of children, under such standards for the
promotion of the health, safety, morality and
well-being of such children as he prescribes,
shall issue such license as is required as
promptly as possible, without expense to the
licensee. If after his investigation the
commissioner finds that the applicant,
notwithstanding good faith efforts, is not able to
fully comply with all the requirements he
prescribes, but compliance can be achieved with
minimal efforts, the commissioner may issue a
provisional license for a period not to exceed
sixty days. The provisional license may be renewed
for additional sixty-day periods, but in no event
shall the total of such periods be for longer than
one year. Before issuing any license, the
commissioner shall give to the selectmen of the
town wherein such licensee proposes to carry on
the licensed activity ten days' notice in writing
that the issuance of such license is proposed, but
such notice shall not be required in case of
intention to issue such license to any corporation
incorporated for the purpose of caring for or
placing such children. Each license so issued
shall specify whether it is granted for
child-caring or child-placing purposes, shall
state the number of children who may be cared for,
shall be in force twenty-four months from date of
issue, and shall be renewed for the ensuing
twenty-four months, if conditions continue to be
satisfactory to the commissioner. The commissioner
shall also provide such periodical inspections and
review as shall safeguard the well-being, health
and morality of all children cared for or placed
under a license issued by him hereunder and shall
visit and consult with each such child and with
the licensee as often as he deems necessary but at
intervals of not more than ninety days. Each
licensee under the provisions of this section
shall file annually with the commissioner a report
containing such information concerning its
functions, services and operation, including
financial data, as the commissioner requires. Any
license issued under this section may be revoked,
suspended or limited by the commissioner for
cause, after notice given to the person or entity
concerned and after opportunity for a hearing
thereon. Any party whose application is denied or
whose license is revoked, suspended or limited by
the commissioner may appeal from such adverse
decision in accordance with the provisions of
section 4-183. Appeals under this section shall be
privileged in respect to the order of trial
assignment.
(b) THE CRIMINAL RECORDS CHECK REQUIRED
PURSUANT TO SUBSECTION (a) OF THIS SECTION SHALL
BE REQUESTED FROM THE STATE POLICE BUREAU OF
IDENTIFICATION AND SHALL BE APPLICABLE TO THE
PERSONS IDENTIFIED ON THE APPLICATION MADE
PURSUANT TO SECTION 17a-145. THE COMMISSIONER OF
CHILDREN AND FAMILIES SHALL ARRANGE FOR
FINGERPRINTING OF SUCH PERSONS. THE FINGERPRINTS
OF SUCH PERSONS SHALL BE FORWARDED TO THE STATE
POLICE BUREAU OF IDENTIFICATION WHICH SHALL
CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND
SUBMIT THE FINGERPRINTS TO THE FEDERAL BUREAU OF
INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY
RECORDS CHECK.
[(b)] (c) The commissioner shall adopt
regulations, in accordance with chapter 54, to
establish a staggered schedule for the renewal of
licenses issued pursuant to sections 17a-145 and
17a-149.
Sec. 5. Section 46b-129 of the general
statutes, as amended by section 19 of public act
97-319, is repealed and the following is
substituted in lieu thereof:
(a) Any selectman, town manager, or town,
city, or borough welfare department, any probation
officer, [the Connecticut Humane Society,] or the
Commissioner of Social Services, the Commissioner
of Children and Families or any child-caring
institution or agency approved by the Commissioner
of Children and Families, a child or his
representative or attorney or a foster parent of a
child, having information that a child or youth is
neglected, uncared-for or dependent, may file with
the Superior Court which has venue over such
matter a verified petition plainly stating such
facts as bring the child or youth within the
jurisdiction of the court as neglected,
uncared-for, or dependent, within the meaning of
section 46b-120, the name, date of birth, sex, and
residence of the child or youth, the name and
residence of his parents or guardian, and praying
for appropriate action by the court in conformity
with the provisions of this chapter. Upon the
filing of such a petition, except as otherwise
provided in subsection [(e)] (d) of section
17a-112, AS AMENDED BY THIS ACT, the court shall
cause a summons to be issued requiring the parent
or parents or the guardian of the child or youth
to appear in court at the time and place named,
which summons shall be served not less than
fourteen days before the date of the hearing in
the manner prescribed by section 46b-128, and said
court shall further give notice to the petitioner
and to the Commissioner of Children and Families
of the time and place when the petition is to be
heard not less than fourteen days [next preceding]
PRIOR TO the hearing in question.
(b) If it appears from the SPECIFIC
allegations of the petition and other verified
affirmations of fact accompanying the petition AND
APPLICATION, or subsequent thereto, that there is
reasonable cause to [find that the child's or
youth's condition or the circumstances surrounding
his care require that his custody be immediately
assumed to safeguard his welfare] BELIEVE THAT (1)
THE CHILD IS SUFFERING FROM SERIOUS PHYSICAL
ILLNESS OR SERIOUS PHYSICAL INJURY OR IS IN
IMMEDIATE PHYSICAL DANGER FROM HIS SURROUNDINGS
AND (2) THAT AS A RESULT OF SAID CONDITIONS, THE
CHILD'S SAFETY IS ENDANGERED AND IMMEDIATE REMOVAL
FROM SUCH SURROUNDINGS IS NECESSARY TO ENSURE THE
CHILD'S SAFETY, the court shall either (1) issue
an order to the parents or other person having
responsibility for the care of the child or youth
to [show cause] APPEAR at such time as the court
may designate [why] TO DETERMINE WHETHER the court
[shall not] SHOULD vest in some suitable agency or
person the child's or youth's temporary care and
custody pending [a hearing on] DISPOSITION OF the
petition, or (2) [vest] ISSUE AN ORDER EX PARTE
VESTING in some suitable agency or person the
child's or youth's temporary care and custody.
[pending a hearing upon the petition which] A
PRELIMINARY HEARING ON ANY EX PARTE CUSTODY ORDER
OR ORDER TO APPEAR ISSUED BY THE COURT shall be
held within ten days from the issuance of such
order. [on the need for such temporary care and
custody.] The service of such orders may be made
by any officer authorized by law to serve process,
or by any probation officer appointed in
accordance with section 46b-123, investigator from
the Department of Administrative Services, state
OR LOCAL police officer or indifferent person.
SUCH ORDERS SHALL INCLUDE A CONSPICUOUS NOTICE TO
THE RESPONDENT WRITTEN IN CLEAR AND SIMPLE
LANGUAGE CONTAINING AT LEAST THE FOLLOWING
INFORMATION: (1) THAT THE ORDER CONTAINS
ALLEGATIONS THAT CONDITIONS IN THE HOME HAVE
ENDANGERED THE SAFETY AND WELFARE OF THE CHILD;
(2) THAT A HEARING WILL BE HELD ON THE DATE ON THE
FORM; (3) THAT THE HEARING IS THE OPPORTUNITY TO
PRESENT THE PARENTS' POSITION CONCERNING THE
ALLEGED FACTS; (4) THAT AN ATTORNEY WILL BE
APPOINTED FOR PARENTS WHO CANNOT AFFORD AN
ATTORNEY; (5) THAT SUCH PARENTS MAY APPLY FOR A
COURT-APPOINTED ATTORNEY BY GOING IN PERSON TO THE
COURT ADDRESS ON THE FORM AND ARE ADVISED TO GO AS
SOON AS POSSIBLE IN ORDER FOR THE ATTORNEY TO
PREPARE FOR THE HEARING; AND (6) IF SUCH PARENTS
HAVE ANY QUESTIONS CONCERNING THE CASE OR
APPOINTMENT OF COUNSEL, ANY SUCH PARENT IS ADVISED
TO GO TO THE COURT OR CALL THE CLERK'S OFFICE AT
THE COURT AS SOON AS POSSIBLE. UPON APPLICATION
FOR APPOINTED COUNSEL, THE COURT SHALL PROMPTLY
DETERMINE ELIGIBILITY AND, IF THE RESPONDENT IS
ELIGIBLE, PROMPTLY APPOINT COUNSEL. The expense
for any temporary care and custody shall be paid
by the town in which such child or youth is at the
time residing, and such town shall be reimbursed
therefor by the town found liable for his support,
except that where a state agency has filed a
petition pursuant to the provisions of subsection
(a) of this section, the agency shall pay such
expense. [If the court, pursuant to this
subsection, vests in a suitable agency or person
the child's or youth's temporary care or custody,
the court shall provide to the commissioner and
the parent of the child or youth specific steps
which the parent may take to facilitate the return
of the child or youth to the custody of such
parent. If the court, after a show cause hearing
pursuant to this section, maintains the custody of
the child or youth in the parent, the court may
provide to the commissioner and the parent
specific steps which the parent may take to
maintain custody of the child or youth.] THE
AGENCY SHALL GIVE PRIMARY CONSIDERATION TO PLACING
THE CHILD IN THE TOWN WHERE SUCH CHILD RESIDES.
THE AGENCY SHALL FILE IN WRITING WITH THE CLERK OF
THE COURT THE REASONS FOR PLACING THE CHILD IN A
PARTICULAR PLACEMENT OUTSIDE THE TOWN WHERE THE
CHILD RESIDES. UPON ISSUANCE OF AN EX PARTE ORDER,
THE COURT SHALL PROVIDE TO THE COMMISSIONER AND
THE PARENT OR GUARDIAN SPECIFIC STEPS NECESSARY
FOR EACH TO TAKE TO ADDRESS THE EX PARTE ORDER FOR
THE PARENT OR GUARDIAN TO RETAIN OR REGAIN CUSTODY
OF THE CHILD OR YOUTH.
(c) IN ANY PROCEEDING UNDER THIS SECTION, ANY
GRANDPARENT OF THE CHILD MAY MAKE A MOTION TO
INTERVENE AND THE COURT SHALL GRANT SUCH MOTION
EXCEPT FOR GOOD CAUSE SHOWN. UPON THE GRANTING OF
SUCH MOTION, SUCH GRANDPARENT MAY APPEAR BY
COUNSEL OR IN PERSON.
(d) THE PRELIMINARY HEARING ON THE ORDER OF
TEMPORARY CUSTODY OR ORDER TO APPEAR OR THE FIRST
HEARING ON A PETITION FILED PURSUANT TO SUBSECTION
(a) OF THIS SECTION SHALL BE HELD IN ORDER FOR THE
COURT TO: (1) ADVISE THE PARENT OR GUARDIAN OF THE
ALLEGATIONS CONTAINED IN ALL PETITIONS AND
APPLICATIONS THAT ARE THE SUBJECT OF THE HEARING;
(2) ASSURE THAT AN ATTORNEY, AND WHERE
APPROPRIATE, A SEPARATE GUARDIAN AD LITEM HAS BEEN
APPOINTED TO REPRESENT THE CHILD OR YOUTH IN
ACCORDANCE WITH SECTION 46b-129a AND SECTION
46b-136; (3) UPON REQUEST, APPOINT AN ATTORNEY TO
REPRESENT THE RESPONDENT WHEN HE IS UNABLE TO
AFFORD REPRESENTATION, AS DETERMINED BY THE COURT;
(4) ADVISE THE PARENT OR GUARDIAN OF THE RIGHT TO
A HEARING ON THE PETITIONS AND APPLICATIONS, TO BE
HELD WITHIN TEN DAYS FROM THE DATE OF THE
PRELIMINARY HEARING IF THE HEARING IS PURSUANT TO
AN ORDER OF TEMPORARY CUSTODY OR AN ORDER TO SHOW
CAUSE; (5) ACCEPT A PLEA REGARDING THE TRUTH OF
SUCH ALLEGATIONS; (6) MAKE ANY INTERIM ORDERS,
INCLUDING VISITATION, THAT THE COURT DETERMINES
ARE IN THE BEST INTERESTS OF THE CHILD OR YOUTH.
THE COURT, AFTER A HEARING PURSUANT TO THIS
SUBSECTION, SHALL PROVIDE TO THE COMMISSIONER AND
THE PARENT OR GUARDIAN SPECIFIC STEPS NECESSARY
FOR EACH TO TAKE FOR THE PARENT OR GUARDIAN TO
REGAIN OR TO RETAIN CUSTODY OF THE CHILD OR YOUTH;
(7) TAKE STEPS TO DETERMINE THE IDENTITY OF THE
FATHER OF THE CHILD OR YOUTH, INCLUDING ORDERING
GENETIC TESTING, IF NECESSARY, AND ORDER SERVICE
OF THE PETITION AND NOTICE OF THE HEARING DATE, IF
ANY, TO BE MADE UPON HIM; (8) IF THE PERSON NAMED
AS THE FATHER APPEARS, AND ADMITS THAT HE IS THE
FATHER, PROVIDE HIM AND THE MOTHER WITH THE
NOTICES WHICH COMPLY WITH SECTION 17b-27 AND
PROVIDE THEM WITH THE OPPORTUNITY TO SIGN A
PATERNITY ACKNOWLEDGMENT AND AFFIRMATION ON FORMS
WHICH COMPLY WITH SECTION 17b-27. THESE DOCUMENTS
SHALL BE EXECUTED AND FILED IN ACCORDANCE WITH
CHAPTER 815y AND A COPY DELIVERED TO THE CLERK OF
THE SUPERIOR COURT FOR JUVENILE MATTERS; AND (9)
IN THE EVENT THAT THE PERSON NAMED AS A FATHER
APPEARS AND DENIES THAT HE IS THE FATHER OF THE
CHILD OR YOUTH, ADVISE HIM THAT HE MAY HAVE NO
FURTHER STANDING IN ANY PROCEEDING CONCERNING THE
CHILD, AND EITHER ORDER GENETIC TESTING TO
DETERMINE PATERNITY OR DIRECT HIM TO EXECUTE A
WRITTEN DENIAL OF PATERNITY ON A FORM PROMULGATED
BY THE OFFICE OF THE CHIEF COURT ADMINISTRATOR.
UPON EXECUTION OF SUCH A FORM BY THE PUTATIVE
FATHER, THE COURT MAY REMOVE HIM FROM THE CASE AND
AFFORD HIM NO FURTHER STANDING IN THE CASE OR IN
ANY SUBSEQUENT PROCEEDING REGARDING THE CHILD OR
YOUTH UNTIL SUCH TIME AS PATERNITY IS ESTABLISHED
BY FORMAL ACKNOWLEDGMENT OR ADJUDICATION IN A
COURT OF COMPETENT JURISDICTION.
(e) IF ANY PARENT OR GUARDIAN FAILS, AFTER
SERVICE OF SUCH ORDER, TO APPEAR AT THE
PRELIMINARY HEARING THE COURT MAY ENTER OR SUSTAIN
AN ORDER OF TEMPORARY CUSTODY AND ENTER A DEFAULT.
(f) UPON REQUEST, OR UPON ITS OWN MOTION, THE
COURT SHALL SCHEDULE A HEARING ON THE ORDER FOR
TEMPORARY CUSTODY OR THE ORDER TO SHOW CAUSE TO BE
HELD WITHIN TEN DAYS FROM THE DATE OF THE
PRELIMINARY HEARING. SUCH HEARING SHALL BE HELD ON
CONSECUTIVE DAYS EXCEPT FOR COMPELLING
CIRCUMSTANCES OR AT THE REQUEST OF THE PARENT OR
GUARDIAN.
(g) AT A CONTESTED HEARING ON THE ORDER FOR
TEMPORARY CUSTODY OR ORDER TO APPEAR, CREDIBLE
HEARSAY EVIDENCE REGARDING STATEMENTS OF THE CHILD
OR YOUTH MADE TO A MANDATED REPORTER OR TO A
PARENT MAY BE OFFERED BY THE PARTIES AND ADMITTED
BY THE COURT UPON A FINDING THAT THE STATEMENT IS
RELIABLE AND TRUSTWORTHY AND THAT ADMISSION OF
SUCH STATEMENT IS REASONABLY NECESSARY. A SIGNED
STATEMENT EXECUTED BY A MANDATED REPORTER UNDER
OATH MAY BE ADMITTED BY THE COURT WITHOUT THE NEED
FOR THE MANDATED REPORTER TO APPEAR AND TESTIFY
UNLESS CALLED BY A RESPONDENT OR THE CHILD,
PROVIDED THE STATEMENT; (1) WAS PROVIDED AT THE
PRELIMINARY HEARING AND PROMPTLY UPON REQUEST TO
ANY COUNSEL APPEARING AFTER THE PRELIMINARY
HEARING; (2) REASONABLY DESCRIBES THE
QUALIFICATIONS OF THE REPORTER AND THE NATURE OF
HIS CONTACT WITH THE CHILD; AND (3) CONTAINS ONLY
THE DIRECT OBSERVATIONS OF THE REPORTER, AND
STATEMENTS MADE TO THE REPORTER THAT WOULD BE
ADMISSIBLE IF THE REPORTER WERE TO TESTIFY TO THEM
IN COURT AND ANY OPINIONS REASONABLY BASED
THEREUPON. IF A RESPONDENT OR THE CHILD GIVES
NOTICE AT THE PRELIMINARY HEARING THAT HE INTENDS
TO CROSS-EXAMINE THE REPORTER, THE PERSON FILING
THE PETITION SHALL MAKE THE REPORTER AVAILABLE FOR
SUCH EXAMINATION AT THE CONTESTED HEARING.
(h) IF ANY PARENT OR GUARDIAN FAILS, AFTER
DUE NOTICE OF THE HEARING SCHEDULED PURSUANT TO
SUBSECTION (g) OF THIS SECTION AND WITHOUT GOOD
CAUSE, TO APPEAR AT THE SCHEDULED DATE FOR A
CONTESTED HEARING ON THE ORDER OF TEMPORARY
CUSTODY OR ORDER TO APPEAR, THE COURT MAY ENTER OR
SUSTAIN AN ORDER OF TEMPORARY CUSTODY.
[(c)] (i) When a petition is filed in said
court for the commitment of a child or youth, the
Commissioner of Children and Families shall make a
thorough investigation of the case and shall cause
to be made a thorough physical and mental
examination of the child or youth if requested by
the court. The court after hearing [on the
petition and upon a finding that the physical or
mental ability of a parent or guardian to care for
the child or youth before the court is at issue]
may ALSO order a thorough physical or mental
examination, or both, of [the] A parent or
guardian whose competency [is in question] OR
ABILITY TO CARE FOR A CHILD OR YOUTH BEFORE THE
COURT IS AT ISSUE. The expenses incurred in making
such physical and mental examinations shall be
paid as costs of commitment are paid.
[(d)] (j) 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)] (k) 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 OR PERSONS 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.
[(e) Ninety days before the expiration of each
twelve-month commitment made in accordance with
the provisions of subsection (d) of this section
and each extension made pursuant to the provisions
of this subsection, the Commissioner of Children
and Families shall petition the court either to
(1) revoke such commitment, in accordance with the
provisions of subsection (g) of this section, or
(2) terminate parental rights in accordance with
the provisions of section 17a-112, or (3) extend
the commitment beyond such twelve-month period on
the ground that an extension is in the best
interest of the child. The court shall give notice
to the parent, parents or guardian and to the
child or youth at least fourteen days prior to the
hearing on such petition. Upon finding that an
extension is in the best interest of the child,
the court may extend the commitment for a period
of twelve months. At such hearing the court shall
determine the appropriateness of continued efforts
to reunify the child or youth with his family. If
the court finds that such efforts are not
appropriate, the Department of Children and
Families shall within sixty days of such finding
either (A) file a petition for the termination of
parental rights, (B) file a motion to revoke the
commitment and vest the custody and guardianship
of the child on a permanent or long-term basis in
an appropriate individual or couple or (C) file a
written permanency plan with the court for
permanent or long-term foster care, which plan
shall include an explanation of the reason that
neither termination of parental rights nor custody
and guardianship is appropriate for the child. The
court shall promptly convene a hearing for the
purpose of reviewing such written plan.]
(k) (1) TEN MONTHS AFTER THE ADJUDICATION OF
NEGLECT OF THE CHILD OR YOUTH OR TWELVE MONTHS
AFTER THE VESTING OF TEMPORARY CARE AND CUSTODY
PURSUANT TO SUBSECTION (b) OF THIS SECTION,
WHICHEVER IS EARLIER, THE COMMISSIONER SHALL FILE
A MOTION FOR REVIEW OF A PERMANENCY PLAN AND TO
EXTEND OR REVOKE THE COMMITMENT. TEN MONTHS AFTER
A PERMANENCY PLAN HAS BEEN APPROVED BY THE COURT
PURSUANT TO THIS SUBSECTION, UNLESS THE COURT HAS
APPROVED PLACEMENT IN LONG-TERM FOSTER CARE WITH
AN IDENTIFIED PERSON OR AN INDEPENDENT LIVING
PROGRAM, OR THE COMMISSIONER HAS FILED A PETITION
FOR TERMINATION OF PARENTAL RIGHTS OR MOTION TO
TRANSFER GUARDIANSHIP, THE COMMISSIONER SHALL FILE
A MOTION FOR REVIEW OF THE PERMANENCY PLAN TO
EXTEND OR REVOKE THE COMMITMENT. A HEARING ON ANY
SUCH MOTION SHALL BE HELD WITHIN SIXTY DAYS OF THE
FILING. THE COURT SHALL PROVIDE NOTICE TO THE
CHILD OR YOUTH, AND HIS PARENT OR GUARDIAN OF THE
TIME AND PLACE OF THE COURT HEARING ON ANY SUCH
MOTION NOT LESS THAN FOURTEEN DAYS PRIOR TO SUCH
HEARING.
(2) AT SUCH HEARING, THE COURT SHALL DETERMINE
WHETHER IT IS APPROPRIATE TO CONTINUE TO MAKE
REASONABLE EFFORTS TO REUNIFY THE CHILD OR YOUTH
WITH THE PARENT. IN MAKING THIS DETERMINATION, THE
COURT SHALL CONSIDER THE BEST INTERESTS OF THE
CHILD, INCLUDING THE CHILD'S NEED FOR PERMANENCY.
IF THE COURT FINDS THAT FURTHER EFFORTS ARE NOT
APPROPRIATE, THE COMMISSIONER HAS NO DUTY TO MAKE
FURTHER EFFORTS TO REUNIFY THE CHILD OR YOUTH WITH
THE PARENT. IF THE COURT FINDS THAT FURTHER
EFFORTS ARE APPROPRIATE, SUCH EFFORTS SHALL ENSURE
THAT THE CHILD OR YOUTH'S HEALTH AND SAFETY ARE
PROTECTED AND SUCH EFFORTS SHALL BE SPECIFIED BY
THE COURT, INCLUDING THE SERVICES TO BE PROVIDED
TO THE PARENT, WHAT STEPS THE PARENT MAY TAKE TO
ADDRESS THE PROBLEM THAT PREVENTS THE CHILD OR
YOUTH FROM SAFELY REUNITING WITH THE PARENT AND A
TIME PERIOD, NOT LONGER THAN SIX MONTHS, FOR SUCH
STEPS TO BE ACCOMPLISHED.
(3) AT SUCH HEARING, THE COURT SHALL APPROVE A
PERMANENCY PLAN THAT IS IN THE BEST INTERESTS OF
THE CHILD OR YOUTH AND TAKES INTO CONSIDERATION
THE CHILD OR YOUTH'S NEED FOR PERMANENCY. SUCH
PERMANENCY PLAN MAY INCLUDE (A) REVOCATION OF
COMMITMENT AND PLACEMENT OF THE CHILD OR YOUTH
WITH THE PARENT OR GUARDIAN, WITH OR WITHOUT
PROTECTIVE SUPERVISION; (B) PLACING THE CHILD OR
YOUTH IN AN INDEPENDENT LIVING PROGRAM; (C)
TRANSFER OF GUARDIANSHIP; (D) APPROVAL OF
LONG-TERM FOSTER CARE WITH AN IDENTIFIED FOSTER
PARENT; (E) FILING OF TERMINATION OF PARENTAL
RIGHTS; OR (F) SUCH OTHER APPROPRIATE ACTION
ORDERED BY THE COURT. THE COURT SHALL EXTEND
COMMITMENT IF EXTENSION IS IN THE BEST INTERESTS
OF THE CHILD OR YOUTH FOR A PERIOD OF TWELVE
MONTHS. THE COURT SHALL REVOKE COMMITMENT IF A
CAUSE FOR COMMITMENT NO LONGER EXISTS AND IT IS IN
THE BEST INTERESTS OF THE CHILD OR YOUTH.
(4) COMMITMENT SHALL BE REVOKED BY OPERATION
OF LAW SIXTY DAYS AFTER A CHILD OR YOUTH IS
REMOVED FROM LONG-TERM FOSTER CARE OR AN
INDEPENDENT LIVING PROGRAM OR SIXTY DAYS AFTER A
TERMINATION PETITION IS DISMISSED OR A MOTION TO
TRANSFER GUARDIANSHIP IS DENIED, UNLESS OTHERWISE
ORDERED BY THE COURT.
[(f)] (l) The Commissioner of Children and
Families shall pay directly to the person or
persons furnishing goods or services determined by
said commissioner to be necessary for the care and
maintenance of such child or youth the reasonable
expense thereof, payment to be made at intervals
determined by said commissioner; and the
Comptroller shall draw his order on the Treasurer,
from time to time, for such part of the
appropriation for care of committed children or
youth as may be needed in order to enable the
commissioner to make such payments. Said
commissioner shall include in his annual budget a
sum estimated to be sufficient to carry out the
provisions of this section. Notwithstanding that
any such child or youth has income or estate, the
commissioner may pay the cost of care and
maintenance of such child or youth. The
commissioner may bill to and collect from the
person in charge of the estate of any child or
youth aided under this chapter, including his
decedent estate, or the payee of such child's or
youth's income, the total amount expended for care
of such child or youth or such portion thereof as
any such estate or payee is able to reimburse.
[(g) Any court by which a child or youth has
been committed pursuant to the provisions of this
section may, upon the application of the attorney
who represented such child in a prior or pending
commitment proceeding, an attorney appointed by
the Superior Court on its own motion or an
attorney retained by such child after attaining
the age of fourteen, a parent, including any
person who acknowledges before said court
paternity of a child or youth born out of wedlock,
or other relative of such child or youth, the
selectman or any original petitioner, or a
licensed child-caring agency or institution
approved by the commissioner, or said
commissioner, and while such child or youth is
under the guardianship of said commissioner, upon
hearing, after reasonable notice to said
commissioner, and, if said commissioner made the
application, after reasonable notice to such
parent, relative, original petitioner, selectman
or child-caring agency or institution, upon
finding that cause for commitment no longer
exists, revoke such commitment, and thereupon such
guardianship and all control of said commissioner
over such child or youth shall terminate. The
court may further revoke the commitment of any
child or youth upon application by the
commissioner or by the child or youth concerned
and after reasonable notice to the parties
affected upon a finding that such revocation will
be for the best interest and welfare of such child
or youth. No hearing shall be held for such
reopening and termination of commitment or
transfer of commitment more often than once in six
months, except upon the application of said
commissioner.]
(m) THE COMMISSIONER, A PARENT OR THE CHILD'S
ATTORNEY MAY FILE A MOTION TO REVOKE A COMMITMENT,
AND, UPON FINDING THAT CAUSE FOR COMMITMENT NO
LONGER EXISTS, AND THAT SUCH REVOCATION IS IN THE
BEST INTEREST AND WELFARE OF SUCH CHILD OR YOUTH,
THE COURT MAY REVOKE THE COMMITMENT OF ANY CHILD
OR YOUTH. NO SUCH MOTION SHALL BE FILED MORE OFTEN
THAN ONCE EVERY SIX MONTHS.
[(h)] (n) Upon service on the parent, guardian
or other person having control of the child or
youth of any order issued by the court pursuant to
the provisions of subsections (b) and [(d)] (j) of
this section, the child or youth concerned shall
be surrendered to the person serving the order who
shall forthwith deliver the child or youth to the
person, agency, department or institution awarded
custody in such order. Upon refusal of the parent,
guardian or other person having control of the
child or youth to surrender the child or youth as
provided in the order, the court may cause a
warrant to be issued charging the parent, guardian
or other person having control of the child or
youth with contempt of court. If the person
arrested is found in contempt of court, the court
may order such person confined until he purges
himself of contempt, but for not more than six
months, or may fine such person not more than five
hundred dollars, or both.
[(i)] (o) A foster parent shall have standing
for the purposes of this section in Superior Court
in matters concerning the placement or revocation
of commitment of a foster child living with such
parent. A foster parent shall receive notice of
any [application] MOTION to revoke commitment or
any hearing on such [application] MOTION.
Sec. 6. (NEW) (a) The Commissioner of Children
and Families shall file a petition to terminate
parental rights pursuant to section 17a-112 of the
general statutes, as amended by this act, if (1)
the child has been in the custody of the
commissioner for at least fifteen consecutive
months, or at least fifteen months during the
twenty-two months, immediately preceding the
filing of such petition; (2) the child has been
abandoned as defined in subsection (c) of section
17a-112 of the general statutes, as amended by
this act; or (3) a court of competent jurisdiction
has found that (A) the parent has killed, through
deliberate, nonaccidental act, a sibling of the
child or has requested, commanded, importuned,
attempted, conspired or solicited to commit the
killing of the child or a sibling of the child; or
(B) the parent has assaulted the child or a
sibling of a child, through deliberate,
nonaccidental act, and such assault resulted in
serious bodily injury to such child.
(b) Notwithstanding the provisions of
subsection (a) of this section, the commissioner
is not required to file a petition to terminate
parental rights in such cases if the commissioner
determines that: (1) The child has been placed
under the care of a relative of such child; (2)
there is a compelling reason to believe that
filing such petition is not in the best interests
of the child; or (3) the parent has not been
offered the services contained in the permanency
plan to reunify the parent with the child or such
services were not available, unless a court has
determined that efforts to reunify the parent with
the child are not required.
Sec. 7. (NEW) (a) The Commissioner of Children
and Families may, at any time, petition the court
for a determination on whether reasonable efforts
to reunify the parent with the child are
appropriate. The court may determine that such
efforts are not appropriate if: (1) The parent has
subjected the child to the following aggravated
circumstances: (A) The child has been abandoned as
defined in subsection (c) of section 17a-112 of
the general statutes, as amended by this act; or
(B) the parent has inflicted sexual molestation or
exploitation or severe physical abuse on the child
or engaged in a pattern of abuse of the child; (2)
the parent has killed, through deliberate,
nonaccidental act, a sibling of the child, or has
required, commanded, importuned, attempted,
conspired or solicited to commit the killing of
the child or sibling of the child, or has
committed an assault, through deliberate,
nonaccidental act, that resulted in serious bodily
injury of the child or a sibling of the child; (3)
the parental rights of the parent to a sibling
have been involuntarily terminated within three
years of the filing of a petition pursuant to this
section, provided the commissioner has made
reasonable efforts to reunify the parent with the
child during a period of at least ninety days; or
(4) the parent was convicted by a court of
competent jurisdiction of sexual assault, except a
conviction of a violation of section 53a-71 or
53a-73a of the general statutes resulting in the
conception of the child.
(b) If the court determined that such efforts
are not appropriate, the court shall, at such
hearing or at a hearing held not later than thirty
days from such determination, approve a permanency
plan for such child which may include a
requirement that the commissioner file a petition
to terminate parental rights, long-term foster
care, independent living, transfer of
guardianship, or adoption. The child's health and
safety shall be of paramount concern in
formulating such plan.
Sec. 8. Section 17a-112 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) In respect to any child in the custody of
the Commissioner of Children and Families in
accordance with section 46b-129, AS AMENDED BY
THIS ACT, either the commissioner, or the attorney
who represented such child in a pending or prior
proceeding, or an attorney appointed by the
Superior Court on its own motion, or an attorney
retained by such child after attaining the age of
fourteen, may petition the court for the
termination of parental rights with reference to
such child. The petition shall be in the form and
contain the information set forth in subsection
(b) of section 45a-715, and be subject to the
provisions of subsection (c) of said section. If a
petition indicates that either or both parents
consent to the termination of their parental
rights, or if at any time following the filing of
a petition and before the entry of a decree, a
parent consents to the termination of his parental
rights, each consenting parent shall acknowledge
such consent on a form promulgated by the Office
of the Chief Court Administrator evidencing that
the parent has voluntarily and knowingly consented
to the termination of his parental rights. No
consent to termination by a mother shall be
executed within forty-eight hours immediately
after the birth of her child. A parent who is a
minor shall have the right to consent to
termination of parental rights and such consent
shall not be voidable by reason of such minority.
A guardian ad litem shall be appointed by the
court to assure that such minor parent is giving
an informed and voluntary consent.
(b) The Superior Court upon hearing and
notice, as provided in sections 45a-716 and
45a-717, AS AMENDED BY THIS ACT, may grant a
petition for termination of parental rights based
on consent filed pursuant to this section if it
finds that (1) upon clear and convincing evidence,
the termination is in the best interest of the
child and (2) such parent has voluntarily and
knowingly consented to termination of his parental
rights with respect to such child. If the court
denies a petition for termination of parental
rights based on consent, it may refer the matter
to an agency to assess the needs of the child, the
care the child is receiving and the plan of the
parent for the child. Consent for the termination
of the parental rights of one parent does not
diminish the parental rights of the other parent
of the child, nor does it relieve the other parent
of the duty to support the child.
(c) The Superior Court, upon hearing and
notice as provided in sections 45a-716 and
45a-717, AS AMENDED BY THIS ACT, may grant a
petition filed pursuant to this section if it
finds by clear and convincing evidence (1) that
the Department of Children and Families has made
reasonable efforts to locate the parent and to
reunify the child with the parent, unless the
court finds in this proceeding that the parent is
unable or unwilling to benefit from reunification
efforts provided such finding is not required if
the court has determined at a hearing pursuant to
subsection (b) of section 17a-110 OR SECTION 7 OF
THIS ACT that such efforts are not appropriate,
(2) that termination is in the best interest of
the child, and (3) that: [over an extended period
of time, which except as provided in subsection
(d) of this section shall not be less than one
year, provided such time limit shall not apply to
subparagraph (e) of this subsection:] (A) The
child has been abandoned by the parent in the
sense that the parent has failed to maintain a
reasonable degree of interest, concern or
responsibility as to the welfare of the child; (B)
the parent of a child who (1) has been found by
the Superior Court to have been neglected or
uncared for in a prior proceeding, OR (2) IS FOUND
TO BE NEGLECTED OR UNCARED FOR AND HAS BEEN IN THE
CUSTODY OF THE COMMISSIONER FOR AT LEAST FIFTEEN
MONTHS AND SUCH PARENT HAS BEEN PROVIDED SPECIFIC
STEPS TO TAKE TO FACILITATE THE RETURN OF THE
CHILD TO THE PARENT PURSUANT TO SECTION 46b-129,
AS AMENDED BY THIS ACT, AND has failed to achieve
such degree of personal rehabilitation as would
encourage the belief that within a reasonable
time, considering the age and needs of the child,
such parent could assume a responsible position in
the life of the child; (C) the child has been
denied, by reason of an act or acts of parental
commission or omission INCLUDING, BUT NOT LIMITED
TO, SEXUAL MOLESTATION OR EXPLOITATION, SEVERE
PHYSICAL ABUSE OR A PATTERN OF ABUSE, the care,
guidance or control necessary for his physical,
educational, moral or emotional well-being.
Nonaccidental or inadequately explained serious
physical injury to a child shall constitute prima
facie evidence of acts of parental commission or
omission sufficient for the termination of
parental rights; (D) [There] THERE is no ongoing
parent-child relationship, which means the
relationship that ordinarily develops as a result
of a parent having met on a day to day basis the
physical, emotional, moral and educational needs
of the child and to allow further time for the
establishment or reestablishment of such
parent-child relationship would be detrimental to
the best interest of the child; [or] (E) the
parent of a child under the age of seven years who
is neglected or uncared for, has failed, is unable
or is unwilling to achieve such degree of personal
rehabilitation as would encourage the belief that
within a reasonable period of time, considering
the age and needs of the child, such parent could
assume a responsible position in the life of the
child and such parent's parental rights of another
child were previously terminated pursuant to a
petition filed by the Commissioner of Children and
Families; (F) THE PARENT HAS KILLED THROUGH
DELIBERATE, NONACCIDENTAL ACT ANOTHER CHILD OF THE
PARENT OR HAS REQUESTED, COMMANDED, IMPORTUNED,
ATTEMPTED, CONSPIRED OR SOLICITED SUCH KILLING OR
HAS COMMITTED AN ASSAULT, THROUGH DELIBERATE,
NONACCIDENTAL ACT THAT RESULTED IN SERIOUS BODILY
INJURY OF ANOTHER CHILD OF THE PARENT; OR (G) THE
PARENT WAS CONVICTED BY A COURT OF COMPETENT
JURISDICTION OF A SEXUAL ASSAULT RESULTING IN THE
CONCEPTION OF THE CHILD, EXCEPT A CONVICTION FOR A
VIOLATION OF SECTION 53a-71 OR 53a-73a.
[(d) The court may waive the requirement that
one year expire prior to the termination of
parental rights if it finds: (1) From the totality
of the circumstances surrounding the child that
such a waiver is necessary to promote the best
interest of the child. Abandonment of a child
under the age of six months shall constitute prima
facie evidence that a waiver is necessary to
promote the best interest of the child, provided
(A) the parent has neither had nor initiated
contact with the child or the guardian or
caretaker of the child for at least sixty
consecutive days and (B) the whereabouts of the
parent are unknown, despite a diligent search for
the parent by the Department of Children and
Families. The department shall file an affidavit
indicating the efforts used to locate the parent;
or (2) the child is under seven years of age and
has been in the custody and care of the Department
of Children and Families for at least three months
pursuant to a commitment under subsection (d) of
section 46b-129, and the child will be at imminent
risk of abuse or neglect if returned to the
parent, provided (A) the parent has had parental
rights terminated with respect to a sibling of the
child or (B) a sibling of the child has suffered
nonaccidental or inadequately explained death as a
result of parental acts of omission or
commission.]
[(e)] (d) Except in the case where termination
is based on consent, in determining whether to
terminate parental rights under this section, the
court shall consider and shall make written
findings regarding: (1) The timeliness, nature and
extent of services offered, provided and made
available to the parent and the child by an agency
to facilitate the reunion of the child with the
parent; (2) whether the Department of Children and
Families has made reasonable efforts to reunite
the family pursuant to the federal Adoption
Assistance and Child Welfare Act of 1980, as
amended; (3) the terms of any applicable court
order entered into and agreed upon by any
individual or agency and the parent, and the
extent to which all parties have fulfilled their
obligations under such order; (4) the feelings and
emotional ties of the child with respect to his
parents, any guardian of his person and any person
who has exercised physical care, custody or
control of the child for at least one year and
with whom the child has developed significant
emotional ties; (5) the age of the child; (6) the
efforts the parent has made to adjust his
circumstances, conduct, or conditions to make it
in the best interest of the child to return him to
his home in the foreseeable future, including, but
not limited to, (A) the extent to which the parent
has maintained contact with the child as part of
an effort to reunite the child with the parent,
provided the court may give weight to incidental
visitations, communications or contributions and
(B) the maintenance of regular contact or
communication with the guardian or other custodian
of the child; and (7) the extent to which a parent
has been prevented from maintaining a meaningful
relationship with the child by the unreasonable
act or conduct of the other parent of the child,
or the unreasonable act of any other person or by
the economic circumstances of the parent.
[(f)] (e) Any petition brought by the
Commissioner of Children and Families to the
Superior Court, pursuant to subsection (a) of
section 46b-129, AS AMENDED BY THIS ACT, may be
accompanied by or, upon motion by the petitioner,
consolidated with a petition for termination of
parental rights filed in accordance with this
section with respect to such child. Notice of the
hearing on such petitions shall be given in
accordance with sections 45a-716 and 45a-717, AS
AMENDED BY THIS ACT. The Superior Court, after
hearing, in accordance with the provisions of
subsection (b) or (c) of this section, may, in
lieu of granting the petition filed pursuant to
section 46b-129, AS AMENDED BY THIS ACT, grant the
petition for termination of parental rights as
provided in section 45a-717, AS AMENDED BY THIS
ACT.
[(g)] (f) Nothing contained in this section
and sections 17a-113, 45a-187, 45a-606, 45a-607,
45a-707 to 45a-709, inclusive, 45a-715 to 45a-718,
inclusive, 45a-724, 45a-725, 45a-727, 45a-733,
45a-754 and 52-231a shall negate the right of the
Commissioner of Children and Families to
subsequently petition the Superior Court for
revocation of a commitment of a child as to whom
parental rights have been terminated in accordance
with the provisions of this section. The Superior
Court may appoint a statutory parent at any time
after it has terminated parental rights if the
petitioner so requests.
[(h)] (g) If the parental rights of only one
parent are terminated, the remaining parent shall
be the sole parent and, unless otherwise provided
by law, guardian of the person.
[(i)] (h) In the case where termination of
parental rights is granted, the guardian of the
person or statutory parent shall report to the
court within ninety days of the date judgment is
entered on a case plan, as defined by the federal
Adoption Assistance and Child Welfare Act of 1980,
for the child. At least every six months
thereafter, such guardian or statutory parent
shall make a report to the court on the
implementation of the plan. The court shall
convene a hearing for the purpose of reviewing the
plan for the child no more than fifteen months
from the date judgment is entered and at least
once a year thereafter until such time as any
proposed adoption plan has become finalized.
[(j)] (i) The provisions of this section shall
be liberally construed in the best interests of
any child for whom a petition under this section
has been filed.
Sec. 9. Section 45a-717 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) At the hearing held on any petition for
the termination of parental rights filed in the
Court of Probate under section 45a-715, or filed
in the Superior Court under section 17a-112, AS
AMENDED BY THIS ACT, or transferred to the
Superior Court from the Court of Probate under
section 45a-715, any party to whom notice was
given shall have the right to appear and be heard
with respect to the petition. If a parent who is
consenting to the termination of such parent's
parental rights appears at the hearing on the
petition for termination of parental rights, the
court shall explain to the parent the meaning and
consequences of termination of parental rights.
Nothing in this subsection shall be construed to
require the appearance of a consenting parent at
the hearing regarding the termination of such
parent's parental rights except as otherwise
provided by court order.
(b) If a party appears without counsel, the
court shall inform such party of the party's right
to counsel and upon request, if he or she is
unable to pay for counsel, shall appoint counsel
to represent such party. No party may waive
counsel unless the court has first explained the
nature and meaning of a petition for the
termination of parental rights. Unless the
appointment of counsel is required under section
46b-136, the court may appoint counsel to
represent or appear on behalf of any child in a
hearing held under this section to speak on behalf
of the best interests of the child. If the
respondent parent is unable to pay for such
respondent's own counsel or if the child or the
parent or guardian of the child is unable to pay
for the child's counsel, in the case of a Superior
Court matter, the reasonable compensation of
counsel appointed for the respondent parent or the
child shall be established by, and paid from funds
appropriated to, the Judicial Department and, in
the case of a Probate Court matter, the reasonable
compensation of counsel appointed for the
respondent parent or the child shall be
established by, and paid from funds appropriated
to, the Judicial Department, however, in the case
of a Probate Court matter, if funds have not been
included in the budget of the Judicial Department
for such purposes, such compensation shall be
established by the Probate Court Administrator and
paid from the Probate Court Administration Fund.
(c) The court shall, if a claim for paternity
has been filed in accordance with section
46b-172a, continue the hearing under the
provisions of this section until the claim for
paternity is adjudicated, provided the court may
combine the hearing on the claim for paternity
with the hearing on the termination of parental
rights petition.
(d) Upon finding at the hearing or at any time
during the pendency of the petition that
reasonable cause exists to warrant an examination,
the court, on its own motion or on motion by any
party, may order the child to be examined at a
suitable place by a physician, psychiatrist or
licensed clinical psychologist appointed by the
court. The court may also order examination of a
parent or custodian whose competency or ability to
care for a child before the court is at issue. The
expenses of any examination if ordered by the
court on its own motion shall be paid for by the
petitioner or, if ordered on motion by a party,
shall be paid for by the party moving for such an
examination unless such party or petitioner is
unable to pay such expenses in which case, they
shall be paid for by funds appropriated to the
Judicial Department, however, in the case of a
Probate Court matter, if funds have not been
included in the budget of the Judicial Department
for such purposes, such expenses shall be
established by the Probate Court Administrator and
paid from the Probate Court Administration Fund.
The court may consider the results of the
examinations in ruling on the merits of the
petition.
(e) (1) The court may, and in any contested
case shall, request the Commissioner of Children
and Families or any child-placing agency licensed
by the commissioner to make an investigation and
written report to it, within ninety days from the
receipt of such request. The report shall indicate
the physical, mental and emotional status of the
child and shall contain such facts as may be
relevant to the court's determination of whether
the proposed termination of parental rights will
be in the best interests of the child, including
the physical, mental, social and financial
condition of the biological parents, and any other
factors which the commissioner or such
child-placing agency finds relevant to the court's
determination of whether the proposed termination
will be in the best interests of the child. (2) If
such a report has been requested, upon the
expiration of such ninety-day period or upon
receipt of the report, whichever is earlier, the
court shall set a day for a hearing not more than
thirty days thereafter. The court shall give
reasonable notice of such adjourned hearing to all
parties to the first hearing, including the child,
if over fourteen years of age, and to such other
persons as the court shall deem appropriate. (3)
The report shall be admissible in evidence,
subject to the right of any interested party to
require that the person making it appear as a
witness, if available, and subject himself to
examination.
(f) At the adjourned hearing or at the initial
hearing where no investigation and report has been
requested, the court may approve a petition for
termination of parental rights based on consent
filed pursuant to this section terminating the
parental rights and may appoint a guardian of the
person of the child, or if the petitioner
requests, the court may appoint a statutory
parent, if it finds, upon clear and convincing
evidence that (1) the termination is in the best
interest of the child and (2) such parent has
voluntarily and knowingly consented to termination
of the parent's parental rights with respect to
such child. If the court denies a petition for
termination of parental rights based on consent,
it may refer the matter to an agency to assess the
needs of the child, the care the child is
receiving and the plan of the parent for the
child. Consent for the termination of the parental
right of one parent does not diminish the parental
rights of the other parent of the child nor does
it relieve the other parent of the duty to support
the child.
(g) At the adjourned hearing or at the initial
hearing where no investigation and report has been
requested, the court may approve a petition
terminating the parental rights and may appoint a
guardian of the person of the child, or, if the
petitioner requests, the court may appoint a
statutory parent, if it finds, upon clear and
convincing evidence, that (1) the termination is
in the best interest of the child, and (2) [over
an extended period of time, except as provided in
subsection (h) of this section, which shall not be
less than one year provided such time limit shall
not apply to subparagraph (E) of this subsection:
(A) The] (A) THE child has been abandoned by the
parent in the sense that the parent has failed to
maintain a reasonable degree of interest, concern
or responsibility as to the welfare of the child;
(B) the child has been denied, by reason of an act
or acts of parental commission or omission,
INCLUDING, BUT NOT LIMITED TO SEXUAL MOLESTATION
AND EXPLOITATION, SEVERE PHYSICAL ABUSE OR A
PATTERN OF ABUSE, the care, guidance or control
necessary for the child's physical, educational,
moral or emotional well-being. Nonaccidental or
inadequately explained serious physical injury to
a child shall constitute prima facie evidence of
acts of parental commission or omission sufficient
for the termination of parental rights; (C) there
is no ongoing parent-child relationship which is
defined as the relationship that ordinarily
develops as a result of a parent having met on a
continuing, day-to-day basis the physical,
emotional, moral and educational needs of the
child and to allow further time for the
establishment or reestablishment of the
parent-child relationship would be detrimental to
the best interests of the child; (D) the parent of
a child who (1) has been found by the Superior
Court to have been neglected or uncared for in a
prior proceeding, OR (2) IS FOUND TO BE NEGLECTED
OR UNCARED FOR AND HAS BEEN IN THE CUSTODY OF THE
COMMISSIONER FOR AT LEAST FIFTEEN MONTHS AND SUCH
PARENT HAS BEEN PROVIDED SPECIFIC STEPS TO TAKE TO
FACILITATE THE RETURN OF THE CHILD TO THE PARENT
PURSUANT TO SECTION 46b-129, AS AMENDED BY THIS
ACT, AND has failed to achieve such degree of
personal rehabilitation as would encourage the
belief that within a reasonable time, considering
the age and needs of the child, such parent could
assume a responsible position in the life of the
child; [or] (E) the parent of a child, under the
age of seven years who is neglected or uncared
for, has failed, is unable or is unwilling to
achieve such degree of personal rehabilitation as
would encourage the belief that within a
reasonable amount of time, considering the age and
needs of the child, such parent could assume a
responsible position in the life of the child and
such parent's parental rights of another child
were previously terminated pursuant to a petition
filed by the Commissioner of Children and
Families; (F) THE PARENT HAS KILLED THROUGH
DELIBERATE, NONACCIDENTAL ACT ANOTHER CHILD OF THE
PARENT OR HAS REQUESTED, COMMANDED, IMPORTUNED,
ATTEMPTED, CONSPIRED OR SOLICITED SUCH KILLING OR
HAS COMMITTED AN ASSAULT, THROUGH DELIBERATE,
NONACCIDENTAL ACT THAT RESULTED IN SERIOUS BODILY
INJURY OF ANOTHER CHILD OF THE PARENT; OR (G) THE
PARENT WAS CONVICTED BY A COURT OF COMPETENT
JURISDICTION OF SEXUAL ASSAULT EXCEPT FOR A
VIOLATION OF SECTION 53a-71 OR 53a-73a RESULTING
IN THE CONCEPTION OF THE CHILD.
[(h) The court may waive the time requirement
in subparagraph (A) of subsection (g) of this
section if it finds from the totality of the
circumstances surrounding the child that such a
waiver is necessary to promote the best interest
of the child. Abandonment of a child under the age
of six months shall constitute prima facie
evidence that a waiver is necessary to promote the
best interest of the child, provided (A) the
parent has neither had nor initiated contact with
the child or the guardian or caretaker of the
child for at least sixty consecutive days and (B)
the whereabouts of the parent are unknown.]
[(i)] (h) Except in the case where termination
is based on consent, in determining whether to
terminate parental rights under this section, the
court shall consider and shall make written
findings regarding: (1) The timeliness, nature and
extent of services offered, provided and made
available to the parent and the child by a
child-placing agency to facilitate the reunion of
the child with the parent; (2) the terms of any
applicable court order entered into and agreed
upon by any individual or child-placing agency and
the parent, and the extent to which all parties
have fulfilled their obligations under such order;
(3) the feelings and emotional ties of the child
with respect to the child's parents, any guardian
of the child's person and any person who has
exercised physical care, custody or control of the
child for at least one year and with whom the
child has developed significant emotional ties;
(4) the age of the child; (5) the efforts the
parent has made to adjust such parent's
circumstances, conduct or conditions to make it in
the best interest of the child to return the child
to the parent's home in the foreseeable future,
including, but not limited to, (A) the extent to
which the parent has maintained contact with the
child as part of an effort to reunite the child
with the parent, provided the court may give
weight to incidental visitations, communications
or contributions and (B) the maintenance of
regular contact or communication with the guardian
or other custodian of the child; and (6) the
extent to which a parent has been prevented from
maintaining a meaningful relationship with the
child by the unreasonable act or conduct of the
other parent of the child, or the unreasonable act
of any other person or by the economic
circumstances of the parent.
[(j)] (i) If the parental rights of only one
parent are terminated, the remaining parent shall
be sole parent and, unless otherwise provided by
law, guardian of the person.
[(k)] (j) In the case where termination of
parental rights is granted, the guardian of the
person or statutory parent shall report to the
court within ninety days of the date judgment is
entered on a case plan, as defined by the federal
Adoption Assistance and Child Welfare Act of 1980,
as amended from time to time, for the child. At
least every six months thereafter, such guardian
or statutory parent shall make a report to the
court on the implementation of the plan. The court
shall convene a hearing for the purpose of
reviewing the plan no more than fifteen months
from the date judgment is entered and at least
once a year thereafter until such time as any
proposed adoption plan has become finalized.
Sec. 10. Section 17a-75 of the general
statutes is repealed and the following is
substituted in lieu thereof:
For the purposes of sections 17a-75 to 17a-83,
inclusive, the following terms shall have the
following meanings: "Business day" means Monday
through Friday except when a legal holiday falls
thereon; "child" means any person less than
sixteen years of age; "court" means the Superior
Court-Juvenile Matters or the Court of Probate,
unless either court is specifically stated;
"hospital for mental illness of children" means
any hospital, which provides, in whole or in part,
diagnostic or treatment services for mental
disorders of children, but shall not include any
correctional institution of this state; "mental
disorder" means a mental or emotional condition
which has substantial adverse effects on a child's
ability to function so as to jeopardize his or her
health, safety or welfare or that of others, and
specifically excludes mental retardation; "parent"
means parent or legal guardian, including any
guardian appointed under the provisions of
subsection [(d)] (i) of section 46b-129 or
sections 45a-132, 45a-593 to 45a-597, inclusive,
45a-603 to 45a-622, inclusive, 45a-629 to 45a-638,
inclusive, 45a-707 to 45a-709, inclusive, 45a-715
to 45a-718, inclusive, 45a-724 to 45a-737,
inclusive, or 45a-743 to 45a-756, inclusive.
Sec. 11. Section 17a-90 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Children and Families
shall have general supervision over the welfare of
children who require the care and protection of
the state.
(b) He shall furnish protective services or
provide and pay, wholly or in part, for the care
and protection of children other than those
committed by the Superior Court whom he finds in
need of such care and protection from the state,
and such payments shall be made in accordance with
the provisions of subsection [(f)] (k) of section
46b-129 provided the Commissioner of
Administrative Services shall be responsible for
billing and collecting such sums as are determined
to be owing and due from the parent of the
noncommitted child in accordance with section
4a-12 and subsection (b) of section 17b-223.
(c) He shall issue such regulations as he may
find necessary and proper to assure the adequate
care, health and safety of children under his care
and general supervision.
(d) He may provide temporary emergency care
for any child whom he deems to be in need thereof.
(e) He may provide care for children in his
guardianship through the resources of appropriate
voluntary agencies.
(f) Whenever requested to do so by the
Superior Court, he shall provide protective
supervision to children.
(g) He may make reciprocal agreements with
other states and with agencies outside the state
in matters relating to the supervision of the
welfare of children.
Sec. 12. Subsection (b) of section 17a-110 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) At a hearing held in accordance with
[subsection (e) of] section 46b-129, the court
shall determine the appropriateness of continuing
efforts to reunify a child with his family. If the
court finds that such efforts are not appropriate,
the Department of Children and Families shall
within sixty days of such finding either (1) file
a petition for the termination of parental rights,
(2) file a motion to revoke the commitment and
vest the custody and guardianship of the child on
a permanent or long-term basis in an appropriate
individual or couple, or (3) file a written
permanency plan with the court for permanent or
long-term foster care, which plan shall include an
explanation of the reason that neither termination
of parental rights nor custody and guardianship is
appropriate for the child. The court shall
promptly convene a hearing for the purpose of
reviewing such written plan.
Sec. 13. Section 46b-130 of the general
statutes, as amended by section 106 of public act
97-2 of the June 18 special session, is repealed
and the following is substituted in lieu thereof:
The parents of a minor child for whom care or
support of any kind has been provided under the
provisions of this chapter, shall be liable to
reimburse the state for such care or support to
the same extent, and under the same terms and
conditions as are the parents of recipients of
public assistance. Upon receipt of foster care
maintenance payments under Title IV-E of the
Social Security Act by a minor child, the right of
support, present, past, and future from a parent
of such child shall, by this section, be assigned
to the Commissioner of Children and Families.
Referral by the commissioner shall promptly be
made to the Child Support Enforcement Unit of the
Department of Social Services for pursuit of
support for said minor child in accordance with
the provisions of section 17b-179, AS AMENDED. Any
child who reimburses the state under the
provisions of subsection [(f)] (k) of section
46b-129 for any care or support he received shall
have a right of action to recover such payments
from his parents.
Sec. 14. Section 52-212a of the general
statutes is repealed and the following is
substituted in lieu thereof:
Unless otherwise provided by law and except in
such cases in which the court has continuing
jurisdiction, a civil judgment or decree rendered
in the Superior Court may not be opened or set
aside unless a motion to open or set aside is
filed within four months following the date on
which it was rendered or passed. The continuing
jurisdiction conferred on the court in preadoptive
proceedings pursuant to subsection [(i)] (h) of
section 17a-112 does not confer continuing
jurisdiction on the court for purposes of
reopening a judgment terminating parental rights.
The parties may waive the provisions of this
section or otherwise submit to the jurisdiction of
the court, provided the filing of an amended
petition for termination of parental rights does
not constitute a waiver of the provisions of this
section or a submission to the jurisdiction of the
court to reopen a judgment terminating parental
rights.
Sec. 15. The Commissioner of Children and
Families shall study the availability of permanent
placement of every child or youth under the
supervision of the department, including, but not
limited to, long-term foster care, transfer of
guardianship and adoption. The commissioner shall
report her findings to the judiciary committee of
the General Assembly not later than September 1,
1998.
Sec. 16. Section 17a-106a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Children and Families,
may AS DEPARTMENT HEAD OF THE LEAD AGENCY, AND THE
APPROPRIATE STATE'S ATTORNEY establish
multidisciplinary teams for the purpose of
reviewing particular cases or particular types of
cases or to coordinate the prevention,
intervention and treatment IN EACH JUDICIAL
DISTRICT TO REVIEW SELECTED CASES of child abuse
or neglect. [in a particular region of the state.
If appropriate, the multidisciplinary team may
assess individual cases and make recommendations
for treatment and prevention of abuse or neglect.
The commissioner shall appoint the members of the
multidisciplinary team. Notwithstanding any
provision of the general statutes, meetings of the
multidisciplinary team may be confidential when
necessary to protect the identity of parents,
children or mandated reporters, and members of the
multidisciplinary team may disclose otherwise
confidential information to other members of the
team who shall hold such information
confidential.] THE PURPOSE OF SUCH
MULTIDISCIPLINARY TEAMS IS TO ADVANCE AND
COORDINATE THE PROMPT INVESTIGATION OF SUSPECTED
CASES OF CHILD ABUSE OR NEGLECT, TO REDUCE THE
TRAUMA OF ANY CHILD VICTIM AND TO ENSURE THE
PROTECTION AND TREATMENT OF THE CHILD. THE HEAD OF
THE LOCAL LAW ENFORCEMENT AGENCY OR HIS DESIGNEE
MAY REQUEST THE ASSISTANCE OF THE DIVISION OF
STATE POLICE WITHIN THE DEPARTMENT OF PUBLIC
SAFETY FOR SUCH PURPOSES.
(b) EACH MULTIDISCIPLINARY TEAM SHALL CONSIST
OF AT LEAST ONE REPRESENTATIVE OF EACH OF THE
FOLLOWING: (1) THE STATE'S ATTORNEY OF THE
JUDICIAL DISTRICT OF THE TEAM, OR HIS DESIGNEE;
(2) THE COMMISSIONER OF CHILDREN AND FAMILIES, OR
HIS DESIGNEE; (3) THE HEAD OF THE LOCAL OR STATE
LAW ENFORCEMENT AGENCIES, OR HIS DESIGNEE; (4) A
HEALTH CARE PROFESSIONAL WITH SUBSTANTIAL
EXPERIENCE IN THE DIAGNOSIS AND TREATMENT OF
ABUSED OR NEGLECTED CHILDREN, WHO SHALL BE
DESIGNATED BY THE TEAM MEMBERS; (5) A MEMBER,
WHERE APPROPRIATE, OF A YOUTH SERVICE BUREAU; (6)
A MENTAL HEALTH PROFESSIONAL WITH SUBSTANTIAL
EXPERIENCE IN THE TREATMENT OF ABUSED OR NEGLECTED
CHILDREN, WHO SHALL BE DESIGNATED BY THE TEAM
MEMBERS; AND (7) ANY OTHER APPROPRIATE INDIVIDUAL
WITH EXPERTISE IN THE WELFARE OF CHILDREN THAT THE
MEMBERS OF THE TEAM DEEM NECESSARY. EACH TEAM
SHALL SELECT A CHAIRPERSON. A TEAM MAY INVITE
EXPERTS TO PARTICIPATE IN THE REVIEW OF ANY CASE
AND MAY INVITE ANY OTHER INDIVIDUAL WITH
PARTICULAR INFORMATION GERMANE TO THE CASE TO
PARTICIPATE IN SUCH REVIEW, PROVIDED THE EXPERT OR
INDIVIDUAL SHALL HAVE THE SAME PROTECTION AND
OBLIGATIONS UNDER SUBSECTIONS (f) AND (g) OF THIS
SECTION AS MEMBERS OF THE TEAM.
(c) THE GOVERNOR'S TASK FORCE FOR JUSTICE FOR
ABUSED CHILDREN, THROUGH THE SUBCOMMITTEE
COMPRISED OF INDIVIDUALS WITH EXPERTISE IN THE
INVESTIGATION OF CHILD ABUSE AND NEGLECT, SHALL:
(1) ESTABLISH AND MODIFY STANDARDS TO BE OBSERVED
BY MULTIDISCIPLINARY TEAMS; (2) REVIEW PROTOCOLS
OF THE MULTIDISCIPLINARY TEAMS; AND (3) MONITOR
AND EVALUATE MULTIDISCIPLINARY TEAMS AND MAKE
RECOMMENDATIONS FOR MODIFICATIONS TO THE SYSTEM OF
MULTIDISCIPLINARY TEAMS.
(d) ALL CRIMINAL INVESTIGATIVE WORK OF THE
MULTIDISCIPLINARY TEAMS SHALL BE UNDERTAKEN BY
MEMBERS OF THE TEAM WHO ARE LAW ENFORCEMENT
OFFICERS AND ALL CHILD PROTECTION INVESTIGATIVE
WORK OF THE TEAMS SHALL BE UNDERTAKEN BY MEMBERS
OF THE TEAM WHO REPRESENT THE DEPARTMENT OF
CHILDREN AND FAMILIES, PROVIDED REPRESENTATIVES OF
THE DEPARTMENT MAY COORDINATE ALL INVESTIGATIVE
WORK AND RELY UPON INFORMATION GENERATED BY THE
TEAM. THE PROTOCOLS, PROCEDURES AND STANDARDS OF
THE MULTIDISCIPLINARY TEAMS SHALL NOT SUPERSEDE
THE PROTOCOLS, PROCEDURES AND STANDARDS OF THE
AGENCIES WHO ARE ON THE MULTIDISCIPLINARY TEAM.
(e) EACH MULTIDISCIPLINARY TEAM SHALL HAVE
ACCESS TO AND MAY COPY ANY RECORD, TRANSCRIPT,
DOCUMENT, PHOTOGRAPH OR OTHER DATA PERTAINING TO
AN ALLEGED CHILD VICTIM WITHIN THE POSSESSION OF
THE DEPARTMENT OF CHILDREN AND FAMILIES, ANY
PUBLIC OR PRIVATE MEDICAL FACILITY OR ANY PUBLIC
OR PRIVATE HEALTH PROFESSIONAL PROVIDED, IN THE
CASE OF CONFIDENTIAL INFORMATION, THE COORDINATOR
OF THE TEAM, OR HIS DESIGNEE, IDENTIFIES THE
RECORD IN WRITING AND CERTIFIES, UNDER OATH, THAT
THE RECORD SOUGHT IS NECESSARY TO INVESTIGATE
CHILD ABUSE OR NEGLECT AND THAT THE TEAM WILL
MAINTAIN THE RECORD AS CONFIDENTIAL. NO PERSON WHO
PROVIDES ACCESS TO OR COPIES OF SUCH RECORD UPON
DELIVERY OF CERTIFICATION UNDER THIS SECTION SHALL
BE LIABLE TO ANY THIRD PARTY FOR SUCH ACTION. THE
MULTIDISCIPLINARY TEAM SHALL NOT BE DEEMED TO BE A
PUBLIC AGENCY UNDER THE FREEDOM OF INFORMATION
ACT.
(f) NO PERSON SHALL DISCLOSE INFORMATION
OBTAINED FROM A MEETING OF THE MULTIDISCIPLINARY
TEAM WITHOUT THE CONSENT OF THE PARTICIPANT OF THE
MEETING WHO PROVIDED SUCH INFORMATION UNLESS
DISCLOSURE IS ORDERED BY A COURT OF COMPETENT
JURISDICTION OR IS NECESSARY TO COMPLY WITH THE
PROVISIONS OF THE CONSTITUTION OF THE STATE OF
CONNECTICUT.
(g) EACH MULTIDISCIPLINARY TEAM SHALL MAINTAIN
RECORDS OF MEETINGS THAT INCLUDE BUT ARE NOT
LIMITED TO THE NAME OF THE ALLEGED VICTIM AND
PERPETRATOR, THE NAMES OF THE MEMBERS OF THE
MULTIDISCIPLINARY TEAM AND THEIR POSITIONS, THE
DECISION OR RECOMMENDATION OF THE TEAM, ALL
INFORMATION REQUIRED TO RENDER A DECISION AND
SUPPORT SERVICES PROVIDED. SUCH INFORMATION SHALL
BE PROVIDED TO ALL COUNSEL OF RECORD IN ANY
PROCEEDING TO GAIN ACCESS TO SUCH RECORDS OR
TESTIMONY CONCERNING MATTERS DISCUSSED AT A
MEETING, THE PRIVILEGES FROM DISCLOSURE APPLICABLE
TO THE INFORMATION PROVIDED BY EACH OF THE
PARTICIPANTS AT THE MEETING SHALL APPLY TO ALL
PARTICIPANTS.
Sec. 17. (NEW) There shall be within the
Division of State Police within the Department of
Public Safety a child abuse and neglect unit
which, within available resources, shall (1) at
the request of the head of the local law
enforcement agency, or his designee, assist such
team in the investigation of a report of child
abuse or neglect, (2) investigate reports of crime
involving child abuse or neglect in municipalities
in which there is no organized police force, and
(3) participate in a mutual support network that
shares information and collaborates with local law
enforcement agencies.
Sec. 18. This act shall take effect July 1,
1998, except that sections 5, 10 to 13, inclusive,
16 and 17 shall take effect October 1, 1998.
Approved June 8, 1998