Connecticut 2019 Regular Session Status: In Committee

SB 885 — AN ACT CONCERNING THE DEVELOPMENT OF A REPORT REGARDING THE OUT-OF-HOME PLACEMENT OF GRANDCHILDREN WITH GRANDPARENTS BY THE DEPARTMENT OF CHILDREN AND FAMILIES.

Last action — FILE NO. 134

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

292 added · 32 removed

292 line(s) added, 32 removed.

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General Assembly Substitute Bill No.
General Assembly Raised Bill No.
885 January Session, 2019 AN ACT CONCERNING THE DEVELOPMENT OF A REPORT REGARDING THE OUT-OF-HOME PLACEMENT OF GRANDCHILDREN WITH GRANDPARENTS BY THE DEPARTMENT OF CHILDREN AND FAMILIES.
885 January Session, 2019 LCO No.
3871 Referred to Committee on COMMITTEE ON CHILDREN Introduced by:
(KID) AN ACT ESTABLISHING A TASK FORCE TO STUDY INTERACTIONS BETWEEN GRANDPARENTS AND THE DEPARTMENT OF CHILDREN AND FAMILIES.
(Effective July 1, 2019) Not later than February 1, 2020, the Commissioner of Children and Families shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to children.
(Effective July 1, 2019) (a) There is established a task force to study interactions between grandparents and the Department of Children and Families concerning the out-of-home placement of the grandchildren of such grandparents.
Such report shall include, but not be limited to, the number of times during the period beginning July 1, 2019, and ending January 1, 2020, that (1) a child was placed in an out-of-home setting pursuant to section 17a-114 or 17a-115a of the general statutes, (2) a child was placed in the home of such child's grandparent pursuant to section 17a-114 or 17a-115a of the general statutes, (3) a grandparent sought placement of a grandchild in such grandparent's home pursuant to section 17a-114 or 17a-115a of the general statutes, and such placement was denied, including the reasons for such denial, and (4) the Department of Children and Families contacted or attempted to contact one or more of a child's grandparents prior to the placement of such child in an out-of-home setting pursuant to section 17a-114 or 17a-115a of the general statutes, for the purpose of alerting such grandparent or grandparents to the LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00885-R01 of 2 SB.docx Substitute Bill No.
The task force shall examine:
885 necessity of finding an out-of-home placement for such child or ascertaining such grandparent or grandparents' suitability as a placement.
(1) The number of times during the two-year period immediately preceeding July 1, 2019, that a child was placed with such child's grandparent pursuant to section 17a-114 or 17a-115a of the general statutes;
(2) the number of times during the two-year period immediately preceeding July 1, 2019, that a grandparent sought the placement of a grandchild in such grandparent's home pursuant to section 17a-114 or 17a-115a of the general statutes and such placement was denied and the reasons for such denial;
(3) the types of assistance available from the Department of Children and Families for a grandparent who has been granted temporary or permanent guardianship of a grandchild;
and (4) all complaints made to the LCO No.
3871 1 of 10 Raised Bill No.885 Department of Children and Families Office of the Ombudsman by grandparents during the two-year period immediately preceeding July 1, 2019, and any information concerning the process by which such complaints were investigated and the outcomes of such investigations.
(b) The task force shall consist of the following members:
(1) One member appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to children, who has expertise in family law;
(2) One member appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to children, who is a grandparent that was granted guardianship of a grandchild, provided the Department of Children and Families was involved in such child's case;
(3) One member appointed by the House ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to children;
(4) One member appointed by the Senate ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to children;
and (5) The Commissioner of Children and Families, or the commissioner's designee.
(c) Any member of the task force appointed under subsection (b) of this section may be a member of the General Assembly.
(d) All appointments to the task force shall be made not later than August 1, 2019.
Any vacancy shall be filled by the appointing authority.
(e) The chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to children shall select a chairperson of the task force from among the members of the task LCO No.
3871 2 of 10 Raised Bill No.885 force.
Such chairperson shall schedule the first meeting of the task force, which shall be held not later than September 1, 2019.
(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to children shall serve as administrative staff of the task force.
(g) Not later than January 1, 2020, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to children, in accordance with the provisions of section 11-4a of the general statutes.
The task force shall terminate on January 1, 2020.
Sec.
2.
Subsection (g) of section 17a-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019):
(g) The department shall disclose records, subject to subsections (b) and (c) of this section, without the consent of the person who is the subject of the record, to:
(1) The person named in the record or such person's authorized representative, provided such disclosure shall be limited to information (A) contained in the record about such person or about such person's biological or adoptive minor child, if such person's parental rights to such child have not been terminated;
and (B) identifying an individual who reported abuse or neglect of the person, including any tape recording of an oral report pursuant to section 17a- 103, if a court determines that there is reasonable cause to believe the reporter knowingly made a false report or that the interests of justice require disclosure;
(2) An employee of the department for any purpose reasonably related to the performance of such employee's duties;
(3) A guardian ad litem or attorney appointed to represent a child or LCO No.
3871 3 of 10 Raised Bill No.885 youth in litigation affecting the best interests of the child or youth;
(4) An attorney representing a parent, guardian or child in a petition filed in the Superior Court pursuant to section 17a-112 or 46b-129, provided (A) if such records do not pertain to such attorney's client or such client's child, such records shall not be further disclosed to another individual or entity by such attorney except pursuant to the order of a court of competent jurisdiction, (B) if such records are confidential pursuant to federal law, such records shall not be disclosed to such attorney or such attorney's client unless such attorney or such attorney's client is otherwise entitled to such records, and (C) nothing in this subdivision shall limit the disclosure of records under subdivision (3) of this subsection;
(5) The Attorney General, any assistant attorney general or any other legal counsel retained to represent the department during the course of a legal proceeding involving the department or an employee of the department;
(6) The Child Advocate or the Child Advocate's designee;
(7) The Chief Public Defender or the Chief Public Defender's designee for purposes of ensuring competent representation by the attorneys with whom the Chief Public Defender contracts to provide legal and guardian ad litem services to the subjects of such records and for ensuring accurate payments for services rendered by such attorneys;
(8) The Chief State's Attorney or the Chief State's Attorney's designee for purposes of investigating or prosecuting (A) an allegation related to child abuse or neglect, (B) an allegation that an individual made a false report of suspected child abuse or neglect, (C) an allegation that a mandated reporter failed to report suspected child abuse or neglect in accordance with section 17a-101a, provided such prosecuting authority shall have access to records of a child charged with the commission of a delinquent act, who is not being charged with an offense related to child abuse, only while the case is being LCO No.
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3871 4 of 10 Raised Bill No.885 prosecuted and after obtaining a release, or (D) an allegation of fraud in the receipt of public or private benefits, provided no information identifying the subject of the record is disclosed unless such information is essential to such investigation or prosecution;
(9) A state or federal law enforcement officer, including a military law enforcement authority under the United States Department of Defense, for purposes of investigating (A) an allegation related to child abuse or neglect, (B) an allegation that an individual made a false report of suspected child abuse or neglect, or (C) an allegation that a mandated reporter failed to report suspected child abuse or neglect in accordance with section 17a-101a;
(10) A foster or prospective adoptive parent, if the records pertain to a child or youth currently placed with the foster or prospective adoptive parent, or a child or youth being considered for placement with the foster or prospective adoptive parent, and the records are necessary to address the social, medical, psychological or educational needs of the child or youth, provided no information identifying a biological parent is disclosed without the permission of such biological parent;
(11) The Governor, when requested in writing in the course of the Governor's official functions, the joint standing committee of the General Assembly having cognizance of matters relating to human services, the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary or the joint standing committee of the General Assembly having cognizance of matters relating to children, when requested in writing by any of such committees in the course of such committee's official functions, and upon a majority vote of such committee, provided no name or other identifying information is disclosed unless such information is essential to the gubernatorial or legislative purpose;
(12) The Office of Early Childhood for the purpose of (A) determining the suitability of a person to care for children in a facility LCO No.
3871 5 of 10 Raised Bill No.885 licensed pursuant to section 19a-77, 19a-80 or 19a-87b;
(B) determining the suitability of such person for licensure;
(C) an investigation conducted pursuant to section 19a-80f;
(D) notifying the office when the Department of Children and Families places an individual licensed or certified by the office on the child abuse and neglect registry pursuant to section 17a-101k;
or (E) notifying the office when the Department of Children and Families possesses information regarding an office regulatory violation committed by an individual licensed or certified by the office;
(13) The Department of Developmental Services, to allow said department to determine eligibility, facilitate enrollment and plan for the provision of services to a child who is a client of said department and who is applying to enroll in or is enrolled in said department's behavioral services program.
At the time that a parent or guardian completes an application for enrollment of a child in the Department of Developmental Services' behavioral services program, or at the time that said department updates a child's annual individualized plan of care, said department shall notify such parent or guardian that the Department of Children and Families may provide records to the Department of Developmental Services for the purposes specified in this subdivision without the consent of such parent or guardian;
(14) Any individual or entity for the purposes of identifying resources that will promote the permanency plan of a child or youth approved by the court pursuant to sections 17a-11, 17a-111b and 46b- 129;
(15) A state agency that licenses or certifies a person to educate, care for or provide services to children or youths;
(16) A judge or employee of a Probate Court who requires access to such records in order to perform such judge's or employee's official duties;
(17) A judge of the Superior Court for purposes of determining the appropriate disposition of a child adjudicated as delinquent or a child LCO No.
3871 6 of 10 Raised Bill No.885 who is a member of a family with service needs;
(18) A judge of the Superior Court in a criminal prosecution for purposes of in camera inspection whenever (A) the court has ordered that the record be provided to the court;
or (B) a party to the proceeding has issued a subpoena for the record;
(19) A judge of the Superior Court and all necessary parties in a family violence proceeding when such records concern family violence with respect to the child who is the subject of the proceeding or the parent of such child who is the subject of the proceeding;
(20) The Auditors of Public Accounts, or their representative, provided no information identifying the subject of the record is disclosed unless such information is essential to an audit conducted pursuant to section 2-90;
(21) A local or regional board of education, provided the records are limited to educational records created or obtained by the state or Connecticut Unified School District #2, established pursuant to section 17a-37;
(22) The superintendent of schools for any school district for the purpose of determining the suitability of a person to be employed by the local or regional board of education for such school district pursuant to subsection (a) of section 10-221d;
(23) The Department of Motor Vehicles for the purpose of criminal history records checks pursuant to subsection (e) of section 14-44, provided information disclosed pursuant to this subdivision shall be limited to information included on the Department of Children and Families child abuse and neglect registry established pursuant to section 17a-101k, subject to the provisions of sections 17a-101g and 17a-101k concerning the nondisclosure of findings of responsibility for abuse and neglect;
(24) The Department of Mental Health and Addiction Services for LCO No.
3871 7 of 10 Raised Bill No.885 the purpose of treatment planning for young adults who have transitioned from the care of the Department of Children and Families;
(25) The superintendent of a public school district or the executive director or other head of a public or private institution for children providing care for children or a private school (A) pursuant to sections 17a-11, 17a-101b, 17a-101c, 17a-101i, 17a-111b and 46b-129, or (B) when the Department of Children and Families places an individual employed by such institution or school on the child abuse and neglect registry pursuant to section 17a-101k;
(26) The Department of Social Services for the purpose of (A) determining the suitability of a person for payment from the Department of Social Services for providing child care;
(B) promoting the health, safety and welfare of a child or youth receiving services from either department;
or (C) investigating allegations of fraud provided no information identifying the subject of the record is disclosed unless such information is essential to any such investigation;
(27) The Court Support Services Division of the Judicial Branch, to allow the division to determine the supervision and treatment needs of a child or youth, and provide appropriate supervision and treatment services to such child or youth, provided such disclosure shall be limited to information that identifies the child or youth, or a member of such child's or youth's immediate family, as being or having been (A) committed to the custody of the Commissioner of Children and Families as delinquent, (B) under the supervision of the Commissioner of Children and Families, or (C) enrolled in the voluntary services program operated by the Department of Children and Families;
(28) The Court Support Services Division of the Judicial Branch for the purpose of sharing common case records to track recidivism of juvenile offenders;
(29) The birth-to-three program's referral intake office for the purpose of (A) determining eligibility of, (B) facilitating enrollment for, LCO No.
3871 8 of 10 Raised Bill No.885 and (C) providing services to (i) substantiated victims of child abuse and neglect with suspected developmental delays, and (ii) newborns impacted by withdrawal symptoms resulting from prenatal drug exposure;
[and] (30) The Department of Public Health for the purpose of notification when the Commissioner of Children and Families places an individual licensed or certified by the Department of Public Health on the child abuse and neglect registry established pursuant to section 17a-101k;
[.] and (31) The task force to study interactions between grandparents and the Department of Children and Families established pursuant to section 1 of this act, provided no name or other information identifying the subject of the record or such subject's family is disclosed, for the purpose of examining:
(A) The number of times during the two-year period immediately preceeding July 1, 2019, that a child was placed with such child's grandparent pursuant to section 17a-114 or 17a-115a;
(B) the number of times during the two-year period immediately preceeding July 1, 2019, that a grandparent sought the placement of a grandchild in such grandparent's home pursuant to section 17a-114 or 17a-115a and such placement was denied and the reasons for such denial;
and (C) all complaints made to the Department of Children and Families Office of the Ombudsman by grandparents during the two- year period immediately preceeding July 1, 2019, and information concerning the process by which such complaints were investigated and the outcomes of such investigations.
The department shall not disclose records to the task force on and after January 1, 2020.
Section 1 July 1, 2019 New section KID Joint Favorable Subst.
Section 1 July 1, 2019 New section Sec.
LCO R01-SB.docx }OUSERS\FORZANOF\WS\2019SB-00885-2 of 2
2 July 1, 2019 17a-28(g) LCO No.
3871 9 of 10 Raised Bill No.
885 Statement of Purpose:
To establish a task force to study interactions between grandparents and the Department of Children and Families.
[Proposed deletions are enclosed in brackets.
Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.
3871 10 of 10
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Action History

  1. FILE NO. 134

  2. SENATE CALENDAR NUMBER 86

  3. FAV. RPT., TAB. FOR CAL., SEN.

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/25/19

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. PUBLIC HEARING 0228

  9. REF. TO JOINT COMM. ON Committee on Children

Sponsors

  • Committee on Children · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 186 not signed on

Sponsors (1)

  • Committee on Children

Co-sponsors (0)

None.

Not signed on (186)

186 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors SB 885?
SB 885 is sponsored by Committee on Children.
What is the current status of SB 885?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 885?
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