Human Services Committee

JOINT FAVORABLE REPORT

SPONSORS OF BILL:

Rep. Linda Orange and the Human Services Committee

REASONS FOR BILL:

To improve the proceedings and operations of the Department of Children and Families, in particular by providing whistle-blower protection to DCF employees and giving relatives priority in foster child placements.

RESPONSE FROM ADMINISTRATION/AGENCY:

SUSAN HAMILTON, Commissioner, Department of Children and Families, testified: “The department supports Sections 2 and 3 of HB 5421, which together require that unauthorized disclosure of department records be reported in writing and that whistleblower protections be afforded to persons reporting such unauthorized disclosures. Presently, department employees are expected to maintain the strictest confidentiality, and there are multiple and redundant systems in place designed to prevent and/or identify such breaches. When such breaches do occur, they are swiftly dealt with through discipline of the involved employees.

“While DCF has concerns regarding the language in Section 4, the department wholeheartedly supports the concept of placement of children with relatives whenever this is safely possible and in the child's best interests. In fact, department policies and procedures require social work staff to diligently search for and assess relatives in every case where an out-of-home removal is necessary. In addition, the identification of and placement with relatives is a key concept underlying the recent federal Fostering Connections to Success and Increasing Adoptions Act of 2008, which the department is in the process of implementing agency-wide.

“Sections 5 and 6 apply to guardianship and termination proceedings in probate court. While the department is not usually a party in these cases and, therefore, has no position on the proposed language as it relates to those cases, we would like to note that establishing a rebuttable presumption of relative fitness may not be appropriate in all cases.

“The department supports the language in Section 7, which states that the mere fact that a parent has applied for or received voluntary services for his or her child should not be “used against” the parent in a subsequent child protection investigation, study or proceeding. The department encourages the use of voluntary services whenever possible, and certainly should not penalize parents for simply applying for or availing themselves of these services.”

ELIZABETH BROWN, Legislative Director, Commission on Children, testified: “I appreciate the opportunity to testify on many bills before you that seek to reform and provide families a stronger voice in DCF proceedings concerning custody and parental rights. The Commission supports key concepts in . . . HB 5421. . . (and) efforts to make the Department of Children and Families a more transparent, accountable and family-friendly department. Over the years the Agency has morphed into (one) driven by court orders and outside observation. Decisions are based on the rule of law and not necessarily driven by a deep understanding of the changing family or experience in serving families of diverse backgrounds and economic status. . . .

The number of bills before this committee would indicate that the public has lost confidence in the Department's goals and mission. Reform, oversight, parental rights, presumptive innocence, more confidentiality in proceedings, more mandates related to giving family members the first priority in placing a child and establishing a rebuttable presumption for custody for a foster parent who is a relative reflect a deep need for an assessment of the effectiveness of the existing procedures, protocols, training and leadership necessary to focus on the interests of the child in the context of the changing family, economic circumstances, and demographic reality of where children live.

Over the course of the public hearings held jointly by the Human Services and Select Committee on Children last fall, it became clear that there is a disconnect between the statutory mission of DCF and the actual operations that carry out their mandate. The perception becomes the reality. Families feel disenfranchised and not part of the solution. Families do not understand their rights and do not feel valued or respected.

The bills before you seek to hold DCF accountable, give families an equal footing and provide a process for mutual benefit. The Commission supports implementing these statutory changes, but believes the Department needs to embrace a new culture of doing business focused on prevention, family support, extended family inclusion, community capacity building and move from crisis to prevention. This is a dramatic culture change, and may require a statutory change to the mission and performance measures of the Department. The Commission welcomes the opportunity to work with all parties on this important issue to ensure that children live in safe, loving, secure families.”

NATURE AND SOURCES OF SUPPORT:

DEBORAH STEVENSON, Executive Director, National Home Education Legal Defense, testified: “I hope you will vote to approve HB 5421 (and others). I will not address each of these bills individually, but I hope you will agree that each of them will restore the Constitutional rights of parents and will level the playing field when a DCF social worker, with the awesome power of the state, comes knocking on a parent's door.”

ALICE BUTWELL, New Milford

JEROME RICHARDSON, Griswold

NOELLE TALEVI, Executive Director, Citizens Commission on Human Rights

NATURE AND SOURCES OF OPPOSITION:

None expressed