Connecticut Seal

General Assembly

Amendment

 

February Session, 2016

LCO No. 4178

   
 

*SB0007304178SRO*

Offered by:

 

SEN. FASANO, 34th Dist.

 

To: Senate Bill No. 73

File No. 119

Cal. No. 136

"AN ACT CONCERNING CHILDREN'S SAFETY. "

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. (NEW) (Effective January 1, 2017) Effective at 12: 01 a. m. , January 1, 2017, the executive director of the Court Support Services Division of the Judicial Branch shall assume, and the Commissioner of Children and Families shall cease to have guardianship, as defined in subsection (a) of section 17a-90 of the general statutes, over all children who on that date, by virtue of any order of the Superior Court or Probate Court, are wards of or are committed to the Connecticut Juvenile Training School or other juvenile detention center. The executive director of the Court Support Services Division of the Judicial Branch shall thereupon assume all liability and responsibility for such children, and exercise such powers, duties and functions regarding such children, as the Commissioner of Children and Families in his or her capacity as guardian may now or hereafter have, except to the extent that the federal government may require that any responsibility for children be retained by the Commissioner of Children and Families as a prerequisite to federal reimbursement of state expenditures for such children under Title IV-A and B of the Social Security Act. The executive director of the Court Support Services Division of the Judicial Branch may delegate any power, duty or function regarding such children, except for consent for adoption, marriage and joining of the armed services and except to the extent that the federal government may require that any responsibility for children be retained by the Commissioner of Children and Families as a prerequisite to federal reimbursement of state expenditures for such children.

Sec. 502. (NEW) (Effective January 1, 2017) (a) (1) Wherever the term "Commissioner of Children and Families" is used in the following general statutes, the term "executive director of the Court Support Services Division of the Judicial Branch" shall be substituted in lieu thereof; (2) wherever the term "commissioner" is used in the following general statutes, the term "executive director" shall be substituted in lieu thereof; and (3) wherever the term "department" is used in the following general statutes, the term "division" shall be substituted in lieu thereof: 10-233k, 12-19a, 17a-3a, 17a-6b to 17a-8a, inclusive, 17a-10, 17a-12, 17a-13, 17a-27, 17a-27e, 17a-32, 17a-201b, 20-14i, 46b-120, 46b-121, 46b-126, 46b-127, 46b-128a, 46b-134, 46b-140, 46b-141, 46b-141a, 46b-142, 46b-146 and 46b-149f.

(b) Wherever the term "Commissioner of Children and Families" is used in any public or special act of 2016 (1) amending any section of the general statutes listed in subsection (a) of this section, or (2) involving the Connecticut Juvenile Training School or other juvenile detention center, the term "executive director of the Court Support Services Division of the Judicial Branch" shall be substituted in lieu thereof. Wherever the term "Department of Children and Families" is used in any public or special act of 2016 (A) amending any section of the general statutes as listed in subsection (a) of this section, or (B) involving the Connecticut Juvenile Training School or other juvenile detention center, the term "Court Support Services Division of the Judicial Branch" shall be substituted in lieu thereof.

(c) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.

Sec. 503. Section 4b-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2017):

As used in this section, section 4b-1 and sections 4b-56 to 4b-59, inclusive, unless the context clearly requires otherwise:

(a) "Commissioner" means the Commissioner of Administrative Services;

(b) "Consultant" means (1) any architect, professional engineer, landscape architect, land surveyor, accountant, interior designer, environmental professional or construction administrator, who is registered or licensed to practice such person's profession in accordance with the applicable provisions of the general statutes, or (2) any planner or financial specialist;

(c) "Consultant services" shall include those professional services rendered by architects, professional engineers, landscape architects, land surveyors, accountants, interior designers, environmental professionals, construction administrators, planners or financial specialists, as well as incidental services that members of these professions and those in their employ are authorized to perform;

(d) "University of Connecticut library project" means a project to renovate and improve the Homer Babbidge Library at The University of Connecticut;

(e) "Firm" means any individual, partnership, corporation, joint venture, association or other legal entity (1) authorized by law to practice the profession of architecture, landscape architecture, engineering, land surveying, accounting, interior design, environmental or construction administration, or (2) practicing the profession of planning or financial specialization;

(f) "Priority higher education facility project" means any project which is part of a state program to repair, renovate, enlarge, equip, purchase or construct (1) instructional facilities, (2) academic core facilities, including library, research and laboratory facilities, (3) student residential or related student dining facilities, or (4) utility systems related to such projects, which are or will be operated under the jurisdiction of the board of trustees of any constituent unit of the state system of higher education, except The University of Connecticut provided the project is included in the comprehensive facilities master plan of the constituent unit in the most recent state facility plan of the Office of Policy and Management pursuant to section 4b-23;

(g) "Project" means any state program requiring consultant services if the cost of such services is estimated to exceed three hundred thousand dollars;

(h) "Selection panel" or "panel" means the State Construction Services Selection Panel established pursuant to subsection (a) of section 4b-56 or, in the case of a Connecticut Health and Education Facilities Authority project pursuant to section 10a-186a, means the Connecticut Health and Education Facilities Authority Construction Services Panel established pursuant to subsection (c) of section 4b-56;

(i) "User agency" means the state department or agency requesting the project or the agency for which such project is being undertaken pursuant to law;

(j) "Community court project" means (1) any project to renovate and improve a facility designated for the community court established pursuant to section 51-181c, and (2) the renovation and improvement of other state facilities required for the relocation of any state agency resulting from the placement of the community court;

(k) "Connecticut Juvenile Training School project" means a project (1) to develop on a designated site new facilities for a Connecticut Juvenile Training School in Middletown including, but not limited to, preparing a feasibility study for, designing, constructing, reconstructing, improving or equipping said facility for use by the Department of Children and Families, and on and after January 1, 2017, the Court Support Services Division of the Judicial Branch, which is an emergency project because there is an immediate need for completion of said project to remedy overcrowding at Long Lane School; said school shall have an annual average daily population of not more than two hundred forty residents; or (2) to develop a separate facility for girls including, but not limited to, acquiring of land or buildings, designing, constructing, reconstructing, improving or equipping said facility for use by the Department of Children and Families, and on and after January 1, 2017, the Court Support Services Division of the Judicial Branch;

(l) "Downtown Hartford higher education center project" means a project to develop a higher education center, as defined in subparagraph (B) of subdivision (2) of section 32-600, and as described in subsection (a) of section 32-612, for the regional community-technical college system;

(m) "Correctional facility project" means any project (1) which is part of a state program to repair, renovate, enlarge or construct facilities which are or will be operated by the Department of Correction, and (2) for which there is an immediate need for completion in order to remedy prison and jail overcrowding; and

(n) "Juvenile detention center project" means any project (1) which is part of a state program to repair, renovate, enlarge or construct juvenile detention centers which are or will be operated by the Judicial Department, and (2) for which there is an immediate need for completion in order to remedy overcrowding.

Sec. 504. Section 4b-58 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2017):

(a) (1) Except in the case of a project, a priority higher education facility project, a project, as defined in subdivision (16) of section 10a-109c, undertaken by The University of Connecticut, a community court project, a correctional facility project, a juvenile detention center project, and the downtown Hartford higher education center project, the commissioner shall negotiate a contract for consultant services with the firm most qualified, in the commissioner's judgment, at compensation which the commissioner determines is both fair and reasonable to the state. (2) In the case of a project, the commissioner shall negotiate a contract for such services with the most qualified firm from among the list of firms submitted by the panel at compensation which the commissioner determines in writing to be fair and reasonable to the state. If the commissioner is unable to conclude a contract with any of the firms recommended by the panel, the commissioner shall, after issuing written findings of fact documenting the reasons for such inability, negotiate with those firms which the commissioner determines to be most qualified, at fair and reasonable compensation, to render the particular consultant services under consideration. (3) Whenever consultant services are required for a priority higher education facility project, a project involving the construction, repair or alteration of a building or premises under the supervision of the Office of the Chief Court Administrator or property where the Judicial Department is the primary occupant, a community court project, a correctional facility project, a juvenile detention center project, or the downtown Hartford higher education center project, the commissioner shall select and interview at least three consultants or firms and shall negotiate a contract for consultant services with the firm most qualified, in the commissioner's judgment, at compensation which the commissioner determines is both fair and reasonable to the state, except that if, in the opinion of the commissioner, the Connecticut Juvenile Training School project needs to be expedited in order to meet the needs of the Department of Children and Families, and on and after January 1, 2017, the Court Support Services Division of the Judicial Branch, the commissioner may waive such selection requirement. Except for the downtown Hartford higher education center project, the commissioner shall notify the State Properties Review Board of the commissioner's action not later than five business days after such action for its approval or disapproval in accordance with subsection (i) of section 4b-23, except that if, not later than fifteen days after such notice, a decision has not been made, the board shall be deemed to have approved such contract.

(b) In determining fair and reasonable compensation to be paid in accordance with subsection (a) of this section, the commissioner shall consider, in the following order of importance, the professional competence of the consultant, the technical merits of the proposal, the ability of the firm to perform the required services within the time and budgetary limits of the contract and the price for which the services are to be rendered.

Sec. 505. Section 17a-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2017):

(a) The department shall plan, create, develop, operate or arrange for, administer and evaluate a comprehensive and integrated state-wide program of services, including preventive services, for children and youths whose behavior does not conform to the law or to acceptable community standards, or who are mentally ill, including deaf and hearing impaired children and youths who are mentally ill, emotionally disturbed, substance abusers, delinquent, abused, neglected or uncared for, including all children and youths who are or may be committed to it by any court, and all children and youths voluntarily admitted to, or remaining voluntarily under the supervision of, the commissioner for services of any kind. Services shall not be denied to any such child or youth solely because of other complicating or multiple disabilities. The department shall work in cooperation with other child-serving agencies and organizations to provide or arrange for preventive programs, including, but not limited to, teenage pregnancy and youth suicide prevention, for children and youths and their families. The program shall provide services and placements that are clinically indicated and appropriate to the needs of the child or youth, except that such services and placements shall not commence or continue for a delinquent child who has attained the age of twenty. In furtherance of this purpose, the department shall: (1) [Maintain the Connecticut Juvenile Training School and other appropriate facilities exclusively for delinquents; (2) develop] Develop a comprehensive program for prevention of problems of children and youths and provide a flexible, innovative and effective program for the placement, care and treatment of children and youths committed by any court to the department, transferred to the department by other departments, or voluntarily admitted to the department; [(3)] (2) provide appropriate services to families of children and youths as needed to achieve the purposes of sections 17a-1 to 17a-26, inclusive, 17a-28 to 17a-49, inclusive, and 17a-51; [(4)] (3) establish incentive paid work programs for children and youths under the care of the department and the rates to be paid such children and youths for work done in such programs and may provide allowances to children and youths in the custody of the department; [(5)] (4) be responsible to collect, interpret and publish statistics relating to children and youths within the department; [(6)] (5) conduct studies of any program, service or facility developed, operated, contracted for or supported by the department in order to evaluate its effectiveness; [(7)] (6) establish staff development and other training and educational programs designed to improve the quality of departmental services and programs, which shall include, but not be limited to, training in the prevention, identification and effects of family violence, provided no social worker trainee shall be assigned a case load prior to completing training, and may establish educational or training programs for children, youths, parents or other interested persons on any matter related to the promotion of the well-being of children, or the prevention of mental illness, emotional disturbance, delinquency and other disabilities in children and youths; [(8)] (7) develop and implement aftercare and follow-up services appropriate to the needs of any child or youth under the care of the department; [(9)] (8) establish a case audit unit to monitor each regional office's compliance with regulations and procedures; [(10)] (9) develop and maintain a database listing available community service programs funded by the department; [(11)] (10) provide outreach and assistance to persons caring for children whose parents are unable to do so by informing such persons of programs and benefits for which they may be eligible; and [(12)] (11) collect data sufficient to identify the housing needs of children served by the department and share such data with the Department of Housing.

(b) (1) The department, with the assistance of the State Advisory Council on Children and Families, and in consultation with representatives of the children and families served by the department, providers of services to children and families, advocates, and others interested in the well-being of children and families in this state, shall develop and regularly update a single, comprehensive strategic plan for meeting the needs of children and families served by the department. In developing and updating the strategic plan, the department shall identify and define agency goals and indicators of progress, including benchmarks, in achieving such goals. The strategic plan shall include, but not be limited to: (A) The department's mission statement; (B) the expected results for the department and each of its mandated areas of responsibility; (C) a schedule of action steps and a time frame for achieving such results and fulfilling the department's mission that includes strategies for working with other state agencies to leverage resources and coordinate service delivery; (D) priorities for services and estimates of the funding and other resources necessary to carry them out; (E) standards for programs and services that are based on research-based best practices, when available; and (F) relevant measures of performance.

(2) The department shall begin the strategic planning process on July 1, 2009. The department shall hold regional meetings on the plan to ensure public input and shall post the plan and the plan's updates and progress reports on the department's web site. The department shall submit the strategic plan to the State Advisory Council on Children and Families for review and comment prior to its final submission to the General Assembly and the Governor. On or before July 1, 2010, the department shall submit the strategic plan, in accordance with section 11-4a, to the General Assembly and the Governor.

(3) The commissioner shall track and report on progress in achieving the strategic plan's goals not later than October 1, 2010, and quarterly thereafter, to said State Advisory Council. The commissioner shall submit a status report on progress in achieving the results in the strategic plan, in accordance with section 11-4a, not later than July 1, 2011, and annually thereafter to the General Assembly and the Governor.

Sec. 506. Section 46b-143 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2017):

The clerk in charge of juvenile matters shall note the time of filing an appeal from a juvenile matter and forthwith forward to the clerk of the Appellate Court a certified copy of the appeal and order made thereon. He shall also send a copy by registered or certified mail to the Commissioner of Social Services, [or to] the Commissioner of Children and Families or the executive director of the Court Support Services Division of the Judicial Branch, to the petitioner upon whose application the proceedings in the Superior Court were instituted, unless he is the appellant, to any person or agency having custody of any child or youth who is a subject of the proceeding, and to all other interested persons as designated in the appeal; and if the addresses of any such persons do not appear in the appeal, he shall call the matter to the attention of a judge of the Superior Court who shall make such an order of notice as he deems advisable.

Sec. 507. Section 46b-121i of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2017):

(a) The Judicial Department shall:

(1) Coordinate programs and services of the juvenile justice system with other state and municipal agencies, boards and commissions;

(2) Develop and use intake and assessment procedures for the evaluation of juveniles;

(3) Provide case management for juveniles;

(4) Provide pretrial diversion and postconviction programs;

(5) Coordinate community-based services for juveniles and their families which promote appropriate reintegration of the juvenile with his family, school and community; [and]

(6) Through the Court Support Services Division, maintain the Connecticut Juvenile Training School and other juvenile detention centers; and

[(6)] (7) Provide other programs and services necessary to the juvenile justice system.

(b) In developing its programs, the Judicial Department shall:

(1) Develop risk and assessment instruments for use in determining the need for detention or other placement at the time a juvenile enters the system;

(2) Develop a case classification process to include the establishment of classification program levels and case management standards for each program level. A program level is based on the needs of the juvenile, his potential to be dangerous and his risk of offending further;

(3) Develop a purchase-of-care system, which will facilitate the development of a state-wide community-based continuum of care, with the involvement of the private sector and the local public sector. Care services may be purchased from private providers to provide a wider diversity of services. This system shall include accessing Title IV-E funds of the federal Social Security Act, as amended, new Medicaid funds and other funding sources to support eligible community-based services. Such services developed and purchased shall include, but not be limited to, evaluation services which shall be available on a geographically accessible basis across the state. "

This act shall take effect as follows and shall amend the following sections:

Sec. 501

January 1, 2017

New section

Sec. 502

January 1, 2017

New section

Sec. 503

January 1, 2017

4b-55

Sec. 504

January 1, 2017

4b-58

Sec. 505

January 1, 2017

17a-3

Sec. 506

January 1, 2017

46b-143

Sec. 507

January 1, 2017

46b-121i