Connecticut 2024 Regular Session Status: In Committee Bipartisan · 1 D · 1 R cosponsors

SB 437 — AN ACT CONCERNING THE STRUCTURE OF THE OFFICE OF THE CHILD ADVOCATE WITHIN THE OFFICE OF GOVERNMENTAL ACCOUNTABILITY.

Last action — FILE NO. 399

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  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 2024 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

172 added · 27 removed

172 line(s) added, 27 removed.

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General Assembly Raised Bill No.
Senate General Assembly File No.
437 February Session, 2024 LCO No.
399 February Session, 2024 Senate Bill No.
3031 Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS Introduced by:
437 Senate, April 10, 2024 The Committee on Government Administration and Elections reported through SEN.
(GAE) AN ACT CONCERNING THE STRUCTURE OF THE OFFICE OF THE CHILD ADVOCATE WITHIN THE OFFICE OF GOVERNMENTAL ACCOUNTABILITY.
FLEXER of the 29th Dist., Chairperson of the Committee on the part of the Senate, that the bill ought to pass.
AN ACT CONCERNING THE STRUCTURE OF THE OFFICE OF THE CHILD ADVOCATE WITHIN THE OFFICE OF GOVERNMENTAL ACCOUNTABILITY.
Upon any vacancy in the position of ChildAdvocate, theadvisory committee establishedpursuant 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, not later than sixty days after the occurrence of said vacancy, except that upon any vacancy in LCO 3031 1 of 11 Bill No.
Upon any vacancy in the position of ChildAdvocate, theadvisory committee establishedpursuant 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 SB437 / File No.
437 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.
399 1 SB437 File No.
399 than five of the most outstanding candidates, not later than sixty days after the occurrence of said vacancy, 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.
(c) The Child Advocate may, within available funds, appoint such staff as may be deemed necessary provided, for the fiscal years ending LCO 3031 2 of 11 Bill No.
SB437 / File No.
437 June 30, 1996, and June 30, 1997, such staff shall not exceed one and one- half full-time positions or the equivalent thereof.
399 2 SB437 File No.
399 (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 committee shall select a chairperson who shall preside at meetings of the committee.
The committee shall select a chairperson who shall preside at SB437 / File No.
No member of the advisory committee shall LCO 3031 3 of 11 Bill No.
399 3 SB437 File No.
437 be a person who is a volunteer for, a board member of, or is employed by, any entity or agency subject to the review of, or evaluation or monitoring by the Child 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.
399 meetings of the committee.
No member of the advisory committee shall be a person who is a volunteer for, a board member of, or is employed by, any entity or agency subject to the review of, or evaluation or monitoring by the Child 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.
The board members shall be LCO 3031 4 of 11 Bill No.
The board members shall be SB437 / File No.
437 appointed as follows:
399 4 SB437 File No.
399 appointed as follows:
and LCO 3031 5 of 11 Bill No.
and SB437 / File No.
437 (3) To advise the Child Advocate on the strategic direction of the office and its mission and help promote the use and engagement of, and access to, the office.
399 5 SB437 File No.
399 (3) To advise the Child Advocate on the strategic direction of the office and its mission and help promote the use and engagement of, and access to, the office.
LCO 3031 6 of 11 Bill No.
(3) Review complaints of persons concerning the actions of any state SB437 / File No.
437 (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;
399 6 SB437 File No.
399 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;
LCO 3031 7 of 11 Bill No.
(11) Take appropriate steps to advise the public of the services of the SB437 / File No.
437 (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;
399 7 SB437 File No.
399 Office of the Child Advocate, the purpose of the office and procedures to contact the office;
(b) In the performance of [his] the Child Advocate's responsibilities under subsection (a) of section 46a-13l, as amended by this act, the Child LCO 3031 8 of 11 Bill No.
(b) In the performance of [his] the Child Advocate's responsibilities under subsection (a) of section 46a-13l, as amended by this act, the Child Advocate may communicate privately withany childor personwho has SB437 / File No.
437 Advocate may communicate privately withany childor personwho has received, is receiving or should have received services from the state.
399 8 SB437 File No.
399 received, is receiving or should have received services from the state.
(a) The name, address and other personally identifiable information of a person who makes a complaint to the Child Advocate as provided in section 46a-13l, as amended by this act, all information obtained or generated by the office in the course of an investigation and all confidential records obtained by the Child Advocate or a designee shall be confidential and shall not be subject to disclosure under the Freedom LCO 3031 9 of 11 Bill No.
(a) The name, address and other personally identifiable information of a person who makes a complaint to the Child Advocate as provided in section 46a-13l, as amended by this act, all information obtained or generated by the office in the course of an investigation and all confidential records obtained by the Child Advocate or a designee shall be confidential and shall not be subject to disclosure under the Freedom of Information Act or otherwise, except that such information and records, other than confidential information concerning a pending law SB437 / File No.
437 of Information Act or otherwise, except that such information and records, other than confidential information concerning a pending law enforcement investigation or a pending prosecution, may be disclosed if the Child Advocate determines that disclosure is (1) in the general public interest or (2) necessary to enable the Child Advocate to perform his or her responsibilities under subsection (a) of section 46a-13l, as amended by this act.
399 9 SB437 File No.
399 enforcement investigation or a pending prosecution, may be disclosed if the Child Advocate determines that disclosure is (1) in the general public interest or (2) necessary to enable the Child Advocate to perform his or her responsibilities under subsection (a) of section 46a-13l, as amended by this act.
The Governmental LCO 3031 10 of 11 Bill No.
The Governmental Accountability Commission shall select a chairperson who shall preside at meetings of the commission.
437 Accountability Commission shall select a chairperson who shall preside at meetings of the commission.
Said commission shall meet for the SB437 / File No.
Said commission shall meet for the purpose ofmaking recommendationsto theGovernor for candidatesfor the executive administrator of the Office of Governmental Accountability pursuant to the provisions of subsection (b) of this section, or for the purpose of terminating the employment of the executive administrator.
399 10 SB437 File No.
399 purpose ofmaking recommendationsto theGovernor for candidatesfor the executive administrator of the Office of Governmental Accountability pursuant to the provisions of subsection (b) of this section, or for the purpose of terminating the employment of the executive administrator.
6 January 1, 2025 1-301(a)(1) GAE Joint Favorable LCO 3031 11 of 11
6 January 1, 2025 1-301(a)(1) GAE Joint Favorable SB437 / File No.
399 11 SB437 File No.
399 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.
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In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
None Explanation The bill converts the advisory committee of the Office of the Child Advocate (OCA) into the OCA board, and adjusts requirements for members of the OCA board, resulting in no fiscal impact to the state.
The Out Years State Impact:
None Municipal Impact:
None SB437 / File No.
399 12 SB437 File No.
399 OLR Bill Analysis SB 437 AN ACT CONCERNING THE STRUCTURE OF THE OFFICE OF THE CHILD ADVOCATE WITHIN THE OFFICE OF GOVERNMENTAL ACCOUNTABILITY.
SUMMARY This bill converts the advisory committee to the Office of the Child Advocate (OCA) into the OCA Board and requires the new board to appoint any new child advocate on or after January 1, 2025.
Under current law, the governor selects an advocate from a list of candidates prepared by the advisory committee, who is then confirmed by the legislature.
By law, the child advocate’s duties include, among other things, evaluating state agency service delivery to children and leading OCA (see “BACKGROUND”).
The bill specifies the new board’s duties, including those related to appointing a child advocate, and makes minor changes to some of the advocate’s duties.
It also makes technical and conforming changes.
EFFECTIVE DATE:
January 1, 2025 OCA BOARD Under current law, the advisory committee to OCA is responsible for (1) preparing a list of candidates from which the governor must choose someone for the child advocate position, (2) meeting with the advocate at least three times each year to hear a report on the office’s goals and projects, and (3) preparing an annual evaluation of the office’s effectiveness.
The bill sunsets the advisory committee on December 31, 2024, and starting January 1, 2025, converts it into the OCA Board.
It makes the new board an independent, nonpartisan board within OCA and a successor to the advisory committee.
Any advisory committee member SB437 / File No.
399 13 SB437 File No.
399 appointed before that date is automatically appointed to the new board for the remainder of his or her term.
Like the current advisory committee:
1.
the new board has seven members, with one appointed by each of the six legislative leaders and one appointed by the governor;
2.
members serve five-year terms from July 1 of the year of their appointment;
3.
an appointing authority must fill any vacancy for the unexpired portion of the term;
4.
the board must elect a chairperson (which the bill specifies must be from among the board’s members);
and 5.
members cannot be volunteers, employees, board members, or lobbyists of entities that the child advocate reviews, evaluates, or monitors.
But unlike the committee, the bill requires that the new board’s members have experience working with, or on behalf of, vulnerable children (1) involved in the child welfare or juvenile justice system or (2) who have received special education or other disability support services.
Current law does not specify qualifications for advisory committee members.
The bill also specifies that the board is not subject to the law that generally requires, among other things, (1) public members to make up at least one-third of a board’s membership, (2) board members to serve terms coterminous with the governor, and (3) board members to serve at the pleasure of their appointing authority.
Board Duties The bill gives the board the following duties:
1.
appointing the child advocate (see below);
SB437 / File No.
399 14 SB437 File No.
399 2.
annually evaluating the office’s effectiveness and the child advocate’s performance, and posting the written evaluations on the office’s website as a public document;
and 3.
advising the child advocate on the office’s strategic direction and mission and helping promote the use and engagement of, and access to, the office.
CHILD ADVOCATE Appointment The bill changes the process for appointing the child advocate by requiring the new board to make the appointment, rather than the governor with legislative approval.
Current law generally requires the advisory committee togive the governor alist of three to five candidates for the position within 60 days after a vacancy occurs.
The governor must select a candidate from the list, who must then be confirmed by the legislature.
If the governor fails to appoint a candidate from the list within eight weeks, then the top ranked candidate on the list receives the designation and is referred to the legislature for confirmation.
The bill instead requires that any advocate appointed on or after January 1, 2025, be appointed by the new OCA Board, with no legislative confirmation.
The bill requires a two-thirds majority vote of the board’s membership to hire, reappoint, or discharge an advocate, and whenever a vacancy arises in the child advocate position, the board must convene to hire a successor.
As under current law, the associate child advocate serves as acting child advocate until the child advocate is appointed.
As under current law, the child advocate (1) must be qualified by training and experience to perform the office’s duties and (2) serves a four-year term and may be reappointed or continue to hold office until their successor is appointed and qualified.
Unlike current law, the bill further specifies that the board may (1) reappoint the advocate at the end of his or her four-year term and (2) discharge an acting advocate for cause.
SB437 / File No.
399 15 SB437 File No.
399 Duties The bill makes the following changes to the child advocate’s duties:
1.
requires the advocate to submit the annual report analyzing the office’s work to the board, rather than to the advisory committee (as under current law, it must also submit the report to the Judiciary, Children’s, and Human Services committees);
2.
requires that the advocate’s biennial report on confinement conditions for youth held in secure detention or correctional confinement be prepared within available appropriations;
3.
requires the three-times-per-year presentations on the office’s goals and projects to (a) be given to the board, rather than the advisory committee, and (b) include a review of the office’s resource needs;
and 4.
allows the advocate to disclose confidential information to a federal, state, or local agency legally authorized to investigate or address the advocate’s concerns or findings, if it would identify, prevent, or treat the abuse or neglect of child.
BACKGROUND Child Advocate By law, the child advocate’s duties include evaluating state agency service delivery to children;
reviewing agency procedures to protect children’s rights;
investigating complaints and, when indicated, advocating on behalf of a child’s best interests;
taking all possible actions to ensure the legal, civil, and special rights of children;
and giving technical training to attorneys representing children.
OCA is a division within the Office of Government Accountability but has independent decision-making authority (CGS §§ 46a-13k and 46a-13l).
COMMITTEE ACTION Government Administration and Elections Committee Joint Favorable Yea 19 Nay 0 (03/22/2024) SB437 / File No.
399 16
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Action History

  1. FILE NO. 399

  2. SENATE CALENDAR NUMBER 261

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

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/09/24

  6. FILED WITH LCO

  7. Joint Favorable

  8. PUBLIC HEARING 0318

  9. REF. TO JOINT COMM. ON Government Administration and Elections

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 437?
SB 437 is sponsored by Gary A. Winfield (Democratic) and Tony Hwang (Republican).
What is the current status of SB 437?
This bill died with 2024 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 437?
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