Connecticut 2022 Regular Session Status: Enacted 1 D cosponsors

SB 308 — AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE OF THE CHILD ADVOCATE.

Last action — SIGNED BY GOVERNOR

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

This bill has been enacted into law. Introduced March 03, 2022. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

146 added · 321 removed

146 line(s) added, 321 removed.

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Previous
Latest
Senate General Assembly File No.
Substitute Senate Bill No.
152 February Session, 2022 Substitute Senate Bill No.
308 Public Act No.
308 Senate, March 28, 2022 The Committee on Children reportedthrough SEN.
22-135 AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE OF THE CHILD ADVOCATE.
ANWAR of the 3rd Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE OF THE CHILD ADVOCATE.
Section 46a-13k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):
(a) (1) There is established, within the Office of Governmental Accountability established under section 1-300, an Office of the Child Advocate.
The Governor, with the approval of the General Assembly, shall appoint a person with knowledge of the child welfare system and the legal system to fill the Office of the Child Advocate.
Such person shall bequalified by training and experience to performthedutiesof the office as set forth in section 46a-13l, as amended by this act.
Upon any vacancy in the position of Child Advocate, the advisory committee established pursuant to section 46a-13r shall meet to consider and interview successor candidates and shall submit to the Governor a list of not fewer than three and not more than five of the most outstanding candidates,notlaterthansixtydaysaftertheoccurrenceofsaidvacancy, sSB308 / File No.
152 1 sSB308 File No.
152 except that upon any vacancy in said position occurring after January 1, 2012, but before June 15, 2012, the advisory committee shall submit such list to the Governor on or before July 31, 2012.
Such list shall rank the candidates in the order of committee preference.
Not later than eight weeksafterreceivingthelistofcandidatesfromtheadvisorycommittee, the Governor shall designate a candidate for Child Advocate from among the choices on such list.
If at any time any of the candidates withdraw from consideration prior to confirmation by the General Assembly, thedesignationshall bemade fromtheremaining candidates on the list submitted to the Governor.
If, not later than eight weeks after receiving the list, the Governor fails to designate a candidate from the list, the candidate ranked first shall receive the designation and be referred to the General Assembly for confirmation.
If the General Assembly is not in session, the designated candidate shall serve as acting Child Advocate and be entitled to the compensation, privileges and powers of the Child Advocate until the General Assembly meets to take action on said appointment.
The person appointed Child Advocate shall serve for a term of four years and may be reappointed, in accordance with the provisions of subdivision (2) of this subsection, or shall continue to hold office until such person's successor is appointed and qualified.
Upon any vacancy in the position of Child Advocate and until such time as a candidate has been confirmed by the General Assembly or, if the General Assembly is not in session, has been designated by the Governor, the Associate Child Advocate shall serve as the acting Child Advocate and be entitled to the compensation, privileges and powers of the Child Advocate.
(2) At the conclusion of the Child Advocate's four-year term, such person may submit a request for reappointment to the advisory committee.
The advisory committee shall meet to consider such request for reappointment and may, not later than sixty days after receipt of such request for reappointment, submit to the Governor a recommendation that such person be reappointed.
Not later than eight weeksafter receiving suchrecommendationfor reappointment fromthe advisory committee, the Governor may reappoint such person as the Child Advocate.
If, not later than eight weeks after receiving such sSB308 / File No.
152 2 sSB308 File No.
152 recommendation for reappointment, the Governor fails to reappoint such person, such person shall be referred to the General Assembly for confirmation.
If the General Assembly is not in session, such person shall serve as acting Child Advocate and be entitled to the compensation, privileges and powers of the Child Advocate until the General Assembly meets to take action on such reappointment.
(b) Notwithstanding any other provision of the general statutes, the Child Advocate shall act independently of any state department in the performance of the advocate's duties.
(c) The Child Advocate may, within available funds, appoint such staff as may be deemed necessary provided, for the fiscal years ending June 30, 1996, and June 30, 1997, such staff shall not exceed one and one- half full-time positions or the equivalent thereof.
The duties of the staff may include the duties and powers of the Child Advocate if performed under the direction of the Child Advocate.
(d) The General Assembly shall annually appropriate such sums as necessary for thepayment ofthesalaries ofthestaffandfor thepayment of office expenses and other actual expenses incurred by the Child Advocate in the performance of his or her duties.
Any legal or court fees obtained by the state in actions brought by the Child Advocate shall be deposited in the General Fund.
(e) The Child Advocate shall annually submit, in accordance with the provisions of section 11-4a, to the Governor, the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, children and human services and the advisory committee established pursuant to section 46a-13r a detailed report analyzing the work of the Office of the Child Advocate.
(f) Notwithstanding any other provision of the general statutes, the salary of the Child Advocate shall be equal to that established for executive pay plan salary group three by the Commissioner of Administrative Services, except that the Child Advocate shall not receive a salary less than that provided to a family support magistrate, sSB308 / File No.
152 3 sSB308 File No.
152 as defined in section 46b-231.
Sec.
2.
(2) Review periodically the procedures established by any state agency providing services to children to carry out the provisions of sections 46a-13k to 46a-13p, inclusive, as amended by this act, with a view toward therightsof the children and recommend revisions to such procedures;
(2) Review periodically the procedures established by any state agency providing services to children to carry out the provisions of sections 46a-13k to 46a-13p, inclusive, with a view toward the rights of the children and recommend revisions to such procedures;
(3) Review complaints of persons concerning the actions of any state or municipal agency providing services to children and of any entity that provides services to children through funds provided by the state, make appropriate referrals and investigate those where the Child Advocate determines that a child or family may be in need of assistance from the Child Advocate or that a systemic issue in the state's provision of services to children is raised by the complaint;
(3) Review complaints of persons concerning the actions of any state or municipal agency providing services to children and of any entity that provides services to children through funds provided by the state, make appropriate referrals and investigate those where the Child Advocate determines that a child or family may be in need of assistance Substitute Senate Bill No.
308 from the Child Advocate or that a systemic issue in the state's provision of services to children is raised by the complaint;
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sSB308 / File No.
(7) Take all possible action including, but not limited to, conducting programs of public education, undertaking legislative advocacy and making proposals for systemic reform and formal legal action, in order to secure and ensure the legal, civil and special rights of children who reside in this state;
152 4 sSB308 File No.
152 (7) Take all possible action including, but not limited to, conducting programs of public education, undertaking legislative advocacy and making proposals for systemic reform and formal legal action, in order to secure and ensure the legal, civil and special rights of children who reside in this state;
(11) Take appropriate steps to advise the public of the services of the Office of the Child Advocate, the purpose of the office and procedures to contact the office;
(11) Take appropriate steps to advise the public of the services of the Office of the Child Advocate, the purpose of the office and procedures Public Act No.
22-135 2 of 6 Substitute Senate Bill No.
308 to contact the office;
and (13) Present to the advisory committee, established pursuant to section 46a-13r, at least twice annually, a report on the goals of and projects undertaken by the Office of the Child Advocate, within available appropriations, that are consistent with the responsibilities of the Child Advocate.
and (13) Present to the advisory committee, established pursuant to section 46a-13r, as amended by this act, at least three times each year, a report on the goals of and projects undertaken by the Office of the Child Advocate, within available appropriations, that are consistent with the responsibilities of the Child Advocate.
3.
2.
Subsection (a) of section 46a-13m of the general statutes is sSB308 / File No.
Subsection (a) of section 46a-13m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):
152 5 sSB308 File No.
152 repealed and the following is substituted in lieu thereof (Effective July 1, 2022):
Sec.
Public Act No.
4.
22-135 3 of 6 Substitute Senate Bill No.
308 Sec.
3.
If the Child Advocate determines that disclosure of confidential information is not in the public interest but is necessary to enable the Child Advocate to perform responsibilities under subsection (a) of section 46a-13l, as amended by this act, or to identify, prevent or treat the abuse or neglect of a child, the Child Advocate may disclose such information to the appropriate agency responsible for the welfare sSB308 / File No.
If the Child Advocate determines that disclosure of confidential information is not in the public interest but is necessary to enable the Child Advocate to perform responsibilities under subsection (a) of section 46a-13l, as amended by this act, or to identify, prevent or treat the abuse or neglect of a child, the Child Advocate may disclose such information to the appropriate agency responsible for the welfare of such child or the legal representative for such child.
152 6 sSB308 File No.
152 of such child or the legal representative for such child.
This act shall take effect as follows and shall amend the following sections:
Sec.
Section 1 July 1, 2022 46a-13k Sec.
4.
2 July 1, 2022 46a-13l(a) Sec.
Section 46a-13r of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2022):
3 July 1, 2022 46a-13m(a) Sec.
(a) There is established an advisory committee to the Office of the Child Advocate established under section 46a-13k.
4 July 1, 2022 46a-13n Statement of Legislative Commissioners:
Said committee shall Public Act No.
In Section 2(a)(13), "advisory committee" was changed to "advisory committee, established pursuant to section 46a-13r," for clarity.
22-135 4 of 6 Substitute Senate Bill No.
KID Joint Favorable Subst.
308 prepare and submit tothe Governor a list of candidates for appointment of the Child Advocate.
-LCO sSB308 / File No.
The advisory committee shall consist of seven members as follows:
152 7 sSB308 File No.
(1) One appointed by the president pro tempore of the Senate;
152 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
(2) one appointed by the speaker of the House of Representatives;
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
(3) one appointed by the majority leader of the Senate;
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
(4) one appointed by the majority leader of the House of Representatives;
OFA Fiscal Note State Impact:
(5) one appointed by the minority leader of the Senate;
Agency Affected Fund-Effect FY 23 $ FY 24 $ Governmental Accountability, GF - Cost 16,834 16,834 Off.
(6) one appointed by the minority leader of the House of Representatives;
Note:
and (7) one appointed by theGovernor.
GF=General Fund Municipal Impact:
The committee shall select a chairperson who shall preside at meetings of the committee.Nomemberoftheadvisorycommitteeshallbeapersonwho is a volunteer for, a board member of, or is employed by, any entity or agency subject to thereviewof,orevaluationor monitoring bytheChild Advocate pursuant to section 46a-13l, as amended by this act, or is a communicator lobbyist who pursuant to such lobbyist's registration under chapter 10, lobbies on behalf of any entity or agency subject to the review of, or evaluation or monitoring by the Child Advocate pursuant to said section 46a-13l, as amended by this act.
None Explanation This bill makes changes to statutes related to the Office of the Child Advocate.
Each member of the advisory committee shall serve a term of five years and may be reappointed at the conclusion of such term.
The bill establishes a reappointment process and sets a minimum salary for the Child Advocate which results in a cost of $16,834 to adjust the current salary.
All initial appointments to the advisory committee shall be made not later than September 1, 2011.
The $16,834 increase is based on an adjustment of the Child Advocate'scurrent salary to meet theminimumsalary establishedin the bill.
Each member of the advisory committee shall serve a five-year term from July first of the year of their appointment.
The bill specifies that the Child Advocate cannot receive a salary less than that of a family support magistrate.
Any vacancy in the membership of the committee shall be filled by the appointing authority for the unexpired portion of the term.
State statute 46b-231 sets the minimum salary for a family support magistrate at $143,060.
(b) The advisory committee shall meet at least three times each year with the Child Advocate, and the Child Advocate's staff, for the purposes described in subdivision (13) of subsection (a) of section 46a- 13l, as amended by this act.
The current salary oftheChildAdvocate ($126,226)will needto beincreased by $16,834 to meet this requirement.
(c) The advisory committee shall provide for an annual evaluation of the effectiveness of the Office of the Child Advocate.
The bill also increases the age limit for which the Child Advocate must report confinement conditions, requires the Child Advocate to present biannually to an advisory committee, extends whistleblower protections in existing law, and places a 14-day limit for which requested records shall be provided to the Child Advocate.
Public Act No.
These components of the bill are not anticipated to result in a fiscal impact to the state or municipalities.
22-135 5 of 6 Substitute Senate Bill No.
sSB308 / File No.
308 Approved May 27, 2022 Public Act No.
152 8 sSB308 File No.
22-135 6 of 6
152 The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.
Sources:
Core-CT Financial Accounting System sSB308 / File No.
152 9 sSB308 File No.
152 OLR Bill Analysis sSB 308 AN ACT CONCERNING THE RECOMMENDATIONS OF THE OFFICE OF THE CHILD ADVOCATE.
SUMMARY This bill makes several changes in laws related to the Office of the Child Advocate (OCA).
It:
1.
establishes a reappointment process and compensation for the child advocate;
2.
expands the age range, from children age 20 or younger to children age 21 and under, for which the child advocate must report confinement conditions;
3.
requires the child advocate to biannually report to the OCA advisory committee on the office's goals and projects, within available appropriations, that are consistent with the child advocate’s responsibilities, and 4.
extends whistleblower protections in existing law that prohibit municipal agencies from discharging, discriminating, or retaliating against employees who make goodfaithcomplaintsto OCA or cooperate with OCA investigations to employees of any agency or entity providing publicly funded services.
Under existing law, the child advocate has the right to inspect and copy any records necessary to carry out her responsibilities.
The bill specifies that the child advocate has the right to request and promptly inspect and copy these records.
Additionally, the bill requires requested records to be provided to her within 14 days of the request.
By law, the child advocate may issue a subpoena for records they are denied access to.
sSB308 / File No.
152 10 sSB308 File No.
152 The bill also allows the child advocate to disclose confidential informationto a child's legalrepresentative ifthe disclosure is necessary to enable the child advocate to perform her responsibilities or to identify, prevent, or treat the abuse or neglect of a child.
Under current law, the child advocate may only disclose this information to the appropriate agency responsible for the welfare of such child.
EFFECTIVE DATE:
July 1, 2022 CHILD ADVOCATE REAPPOINTMENT AND COMPENSATION The bill allows the child advocate to submit a request for reappointment to the OCA advisory committee at the end of her four- year term.
The advisory committee must meet to consider the request and may submit a recommendation for reappointment to the governor within sixty days of receiving it.
The governor may reappoint the child advocate within eight weeks of receiving the recommendation for reappointment,andifhefailstoreappointthechildadvocatewithinthis time the child advocate will be referred to the General Assembly for confirmation.
If the General Assembly is not in session, the child advocate will serve as acting child advocate and is entitled to the compensation, privileges, and powers of the child advocate until the General Assembly meets to act on the reappointment.
Under the bill, the child advocate receives a salary equal to the executive pay plan salary group three established by the Commissioner of Administrative Services.
The bill specifies that the Child Advocate cannot receive a salary less than that of a family support magistrate (which statute sets at $143,060).
REPORTING ON YOUTH CONFINEMENT CONDITIONS Under current law, the child advocate must prepare an in-depth report on the conditions of confinement for children age 20 or younger held in secure detention or correctional confinement in any state- operated facility, including facilities’ compliance with the law limiting the use of restraint and seclusion.
The bill expands the age range of children for which the child advocate must report on to include children sSB308 / File No.
152 11 sSB308 File No.
152 age 21 and under.
Under existing law, the child advocate must submit the report biennially to the Children’s Committee.
COMMITTEE ACTION Committee on Children Joint Favorable Yea 10 Nay 3 (03/10/2022) sSB308 / File No.
152 12
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 22-135

  5. IN CONCURRENCE

  6. HOUSE PASSED, SEN. AMEND. SCH. A

  7. HOUSE ADOPTED SEN. AMEND. SCH. A

  8. FAV. RPT., TABLED FOR HOUSE CALENDAR

  9. HOUSE CALENDAR NUMBER 551

  10. FAV. RPT., TABLED FOR HOUSE CALENDAR

  11. SEN. PASSED, SEN. AMEND. SCH. A

  12. SEN. ADOPTED SEN. AMEND. SCH. A

  13. FILE NO. 152

  14. SENATE CALENDAR NUMBER 139

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

  16. RPTD. OUT OF LCO

  17. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/28/22

  18. FILED WITH LCO

  19. Joint Favorable

  20. PUBLIC HEARING 0308

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

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 185 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (185)

185 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.

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Frequently asked questions

Who sponsors SB 308?
SB 308 is sponsored by Gucker, Kenneth M and Hilda E. Santiago (Democratic).
What is the current status of SB 308?
This bill has been enacted into law. Introduced March 03, 2022. Enacted.
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