SB 127 — AN ACT CONCERNING THE RECOMMENDATIONS OF THE DEPARTMENT OF CHILDREN AND FAMILIES RELATING TO BACKGROUND CHECKS, CERTAIN SUBSIDIES, URGENT CRISIS CENTERS, DEPARTMENTAL RECORDS AND SPECIAL POLICE OFFICERS.

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9 statistics relating to children and youths [within] committed to the department;

(7)] to complete the training in the prevention, identification and effects of family violence established pursuant to subdivision (6) of this subsectionPublic priorAct toNo. being assigned a case load;

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127 subsection prior to being assigned a case load;

[(b)] (c) Not later than July 1, 2021, the Commissioner of Children and Families shall submit, in accordance with the provisions of section 11- 4a, to the joint standing committees of the General Assembly having SB127cognizance /of Filematters No.relating to children and appropriations and the budgets of state agencies and to the State Advisory Council of Children and Families the following reports for which the commissioner most recently received approval from the Administration for Children and Families pursuant to federal law:

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9 cognizance of matters relating to children and appropriations and the budgets of state agencies and to the State Advisory Council of Children and Families the following reports for which the commissioner most recently received approval from the Administration for Children and Families pursuant to federal law:

[(c)] (d) The Department of Children and Families shall maintain on the department's Internet web site information on services provided to personsPublic withAct disabilities.No.

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127 persons with disabilities.

(Effective July 1, 2024) ThisApproved actMay shall30, take2024 effectPublic asAct followsNo. and shall amend the following sections:

Section24-79 111 Julyof 1,11 2024 17a-114 Sec.

2 July 1, 2024 17a-126(i) Sec.

3 July 1, 2024 19a-179f(b) Sec.

4 July 1, 2024 38a-477aa(a)(7) Sec.

5 July 1, 2024 17a-28(g)(30) Sec.

6 July 1, 2024 17a-3b(e) Sec.

7 July 1, 2024 New section Sec.

8 July 1, 2024 7-294a(9) Sec.

9 July 1, 2024 17a-3 SB127 / File No.

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9 Sec.

10 July 1, 2024 Repealer section KID Joint Favorable SB127 / File No.

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9 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.

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, which makes various statutory changes to achieve certain recommendations of the Department of Children and Families, is not anticipated to result in a fiscal impact to the state or municipalities.

The Out Years State Impact:

None Municipal Impact:

None SB127 / File No.

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9 OLR Bill Analysis SB 127 AN ACT CONCERNING THE RECOMMENDATIONS OF THE DEPARTMENT OF CHILDREN AND FAMILIES RELATING TO BACKGROUND CHECKS, CERTAIN SUBSIDIES, URGENT CRISIS CENTERS, DEPARTMENTAL RECORDS AND SPECIAL POLICE OFFICERS.

SUMMARY This bill makes the following changes to the Department of Children and Families (DCF) statutes:

1.

modifies one method of foster care emergency placement, including changes to background checks, and repeals another method (§§ 1 & 10);

2.

allows for the transfer of DCF adoptive parent subsidies to and fromanadoptiveparent inthecaseofthedeath,severedisability, or serious illness of an adoptive parent (§ 2);

3.

allows urgent crisis centers to be DCF-certified rather than DCF- licensed (§§ 3-4);

4.

specifies, for the purpose of satisfying Solnit Center licensure requirements, that DCF must disclose records without the subject’s consent to the Department of Public Health (DPH) (§ 5);

5.

requires the educational records of (1) a child residing in a juvenile justice facility and (2) any incarcerated child in an educational program to be disclosed to DCF upon request (§ 6);

6.

requires the Department of Emergency Services and Public Protection (DESPP) commissioner to appoint up to two people to act as special police officers at DCF to assist with background checks, among other things (§§ 7-8);

and 7.

makes other minor and conforming changes.

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9 EFFECTIVE DATE:

July 1, 2024 RELATIVE AND FICTIVE KIN FOSTER EMERGENCY PLACEMENT (§§ 1 & 10) Under current law, there are two methods for DCF to place a child in the agency’scustody witharelativeor fictivekincaregiver withoutDCF license or approval.

The bill repeals the emergency placement method but adds similar provisions to the remaining placement method.

The method the bill repeals authorizes DCF to request a federal name-based criminal history search from a criminal justice agency for anyone living in the home where a child has been placed.

These emergency placements include private homes of the child’s neighbors, friends, or relatives and are the result of the sudden unavailability of his or her primary caregiver.

For the remaining method of placement, the bill modifies some placement conditions while leaving others unchanged.

Current law requires a satisfactory home visit and a basic assessment of the family before the DCF commissioner can place a child with a relative or fictive kin caregiver who has not been approved or issued a license as a foster home.

The bill adds that when making the placement, the commissioner must (1) request a criminal justice agency to do a federal name-based criminal history search of each person age 18 or over residing in the household and (2) check the state’s child abuse and neglect registry for each person age 18 or over in the household.

The bill eliminates the requirement that the relative or fictive kin caregiver attests that they and any adult living in the home have not beenconvicted ofor arrestedfor certainfelonies,including injury orrisk of injury to, or impairing the morals of, a child or the possession or sale of a controlled substance.

By law, a fictive kin caregiver is a person who is age 21 or older and unrelated to a child by birth, adoption, or marriage, but who has an emotionally significant relationship with the child amounting to a familial relationship (CGS § 17a-114).

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9 The bill also states that any relative or fictive kin caregiver with whom a child has been placed with under this provision must apply a reasonable and prudent parent standard as defined in law on behalf of the child.

Background Checks Request Deadline The bill increases, from five to 10 calendar days after the name-based search is done, the period in which DCF must ask the State Police Bureau of Identification to do a full state and national criminal history record check for anyone 18 years oldor older living in the home.

By law, if anyone refuses to give fingerprints or other identifying information for these checks when requested, the department must immediately remove the child from the home.

APPROVED AND LICENSED FOSTER CARE PROVIDER BACKGROUND CHECKS (§ 1) Additionally, the bill changes the background check requirements in two places for the licensure and approval process.

Current law requires checks for all household members age 16 or over.

The bill changes this to apply these background checks to household members age 18 and older.

The bill also applies this age change to those applying for license renewal or approval.

The bill eliminates the requirement that any person in the household submit to state and national criminal history records checks if they have already done so within the previous year as part of the DCF licensing process.

ADOPTIVE PARENT SUBSIDIES (§ 2) Existing law allows the transfer of a guardianship subsidy from one caregiver to another if the subsidy recipient dies, becomes seriously ill or severely disabled.

The bill additionally allows these transfers to and from adoptive parents.

By law, if the caregiver receiving the subsidy dies or becomes seriously ill or severely disabled, DCF may transfer the subsidy to a successor guardian who (1) meets the department’s foster care safety requirements (e.g., passes a criminal background check), (2) is the child’s court-appointed legal guardian, and (3) can be identified in the SB127 / File No.

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9 subsidy agreement or any related addendum (CGS § 17a-126).

Under the bill, these conditions also apply to a successor adoptive parent.

URGENT CRISIS CENTERS (§§ 3-4) The bill allows urgent crisis centers to be DCF-certified, rather than DCF-licensed, allowing these centers to be licensed by other state agencies.

(For example,ahospitalemergencydepartmentorother DPH- licensed facility would be able to operate an urgent crisis center, as long as the center was certified by DCF.) Under current law, an “urgent crisis center” is a DCF-licensed center dedicated to treating children’s urgent mental or behavioral health needs.

DCF RECORD DISCLOSURES AND THE SOLNIT CHILDREN’S CENTER (§ 5) The bill expands the entities to whom DCF must disclose certain records without the subject’s consent.

Existing law generally requires the department to obtain consent from the subject of a record before disclosing information created or obtained in connection with its child protection activities, activities of a child while in DCF care or custody, or the department’s abuse or neglect registry.

The bill creates exceptions for disclosures to DPH for the purposes of licensing the Albert J.

Solnit Children’s Center and conducting other necessary inspections, investigations, and audits of the institution (see BACKGROUND).

By law, DCF may not disclose its records to anyone unless (1) state law or federal regulations require or allow the disclosure or (2) the subject of the record or his or her authorized representative consents to the disclosure.

JUVENILE JUSTICE FACILITY EDUCATIONAL RECORD TRANSFERS (§ 6) The bill requires a DCF-designated directory manager who oversees the educational records of (1) a child residing in a juvenile justice facility and (2) any incarcerated child in an educational program to disclose these records to DCF upon request, in keeping with the federal Family Educational Rights and Privacy Act (20 U.S.C.

§ 1232g).

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9 SPECIAL POLICE OFFICERS (§§ 7-8) The bill requires the DESPP commissioner to appoint up to two people the DCF commissioner nominates to act as special police officers serving at the pleasure of the DESPP commissioner.

Under the bill, the special police officers:

1.

have all powers conferred on state police officers while conducting state and national criminal history records checks on (a) each applicant for a department position and (b) all vendors or contractors and their employees who provide direct services to children in DCF custody, 2.

conduct and respond to threat assessments in and around any building or facility under DCF supervision or control, and 3.

respond to acute crises or security concerns in DCF-supervised or -controlled buildings or facilities.

The bill also makes a conforming change.

UPDATES TERMINOLOGY (§ 9) The bill updates terminology in statutes relating to the provision of services to children with behavioral health needs.

Among other things, it refers to children and youths who have “mental health needs and substance use disorders” rather than children and youths who are “mentally ill, emotionally disturbed, substance abusers.” It makes other and minor and technical changes.

BACKGROUND Albert J.

Solnit Children’s Center PA 21-2 required the Albert J.

Solnit Children’s Center hospital and psychiatric residential treatment facility to be licensed by DPH;

under prior law it was licensed by DCF.

The act also requires the DPH commissioner to adopt regulations on the licensure of these facilities.

COMMITTEE ACTION Committee on Children Joint Favorable Yea 17 Nay 0 (02/29/2024) SB127 / File No.

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