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CHAPTER 319*
DEPARTMENT OF CHILDREN AND FAMILIES
*Annotation to former chapter 310:
Cited. 198 C. 138, 145.
Table of Contents
Sec. 17a-1. (Formerly Sec. 17-410). Definitions.
Sec. 17a-2. (Formerly Sec. 17-411). Composition of department. Name change.
Sec. 17a-3. (Formerly Sec. 17-412). Powers and duties of department. Master plan.
Sec. 17a-4. (Formerly Sec. 17-413). State Advisory Council on Children and Families. Appointment. Powers and duties.
Sec. 17a-4a. Children's Behavioral Health Advisory Committee. Membership. Reports.
Sec. 17a-5. (Formerly Sec. 17-414). Appointment of commissioner.
Sec. 17a-6. (Formerly Sec. 17-415). Powers and duties of commissioner.
Sec. 17a-7. (Formerly Sec. 17-415a). Parole of delinquent child in commissioner's custody.
Sec. 17a-7a. Standard leave and release policies for delinquent children committed to department.
Sec. 17a-8. (Formerly Sec. 17-415b). Custody of children and youth committed as delinquent to commissioner; term, escape, parole, recapture. Vocational parole.
Sec. 17a-8a. Authorized leave for delinquent child committed to department.
Sec. 17a-9. (Formerly Sec. 17-417). Appointment of deputy commissioners, directors and administrative heads.
Sec. 17a-10. (Formerly Sec. 17-418). Custody of committed children. Support and health services. Extension or termination of commitment.
Sec. 17a-11. (Formerly Sec. 17-419). Voluntary admission. Termination of admission. Permanency plan. Review by probate court. Regulations. Appeal.
Sec. 17a-12. (Formerly Sec. 17-420). Transfer of child or youth to other program, agency, organization or facility.
Sec. 17a-13. (Formerly Sec. 17-420a). Jurisdiction over person transferred to correctional facility at Cheshire or Niantic.
Sec. 17a-14. (Formerly Sec. 17-420b). Completion of special education programs permitted. Payment by Commissioner of Mental Health and Addiction Services.
Sec. 17a-15. (Formerly Sec. 17-421). Development of treatment and permanent placement plan. Review of plan. Modifications. Application for review. Hearing. Procedure.
Sec. 17a-16. (Formerly Sec. 17-440). Rights of children and youths under the supervision of the Commissioner of Children and Families.
Sec. 17a-17. (Formerly Sec. 17-421a). Direct payment for goods and services. Single cost accounting system for payment of room and board and education expenses.
Sec. 17a-18. (Formerly Sec. 17-422). Receipt of grants or gifts.
Sec. 17a-19. (Formerly Sec. 17-422a). Administration of the parent-child resource system.
Sec. 17a-20. (Formerly Sec. 17-424). Definition of psychiatric clinic and child guidance clinic. Grant of funds.
Sec. 17a-21. (Formerly Sec. 17-424a). Statistical reporting on psychiatric care of children and youth.
Sec. 17a-22. (Formerly Sec. 17-425). Extended day treatment programs. Grants. Definition of day treatment center.
Sec. 17a-22a. Connecticut Community KidCare: An integrated behavioral health service delivery system for children and youth with behavioral health needs. Requirements. Memorandum of understanding for joint administration. Consultation during development. Federal waivers or amendments.
Sec. 17a-22b. Local needs assessment by community collaborative. Lead service agencies to coordinate care of children and youth enrolled in Connecticut Community KidCare. Community collaborative composition and responsibilities.
Sec. 17a-22c. Performance measures for Connecticut Community KidCare. Curricula and training. Evaluation.
Sec. 17a-22d. Establishment of organization with regional local chapters to provide family-to-family support, family advocates and assistance with individual service plan process and to encourage participation in Connecticut Community KidCare planning.
Sec. 17a-22e. Reports re implementation of Connecticut Community KidCare to General Assembly.
Sec. 17a-22f. Behavioral health services. Contract with administrative services organization to provide clinical management services. Policies and procedures. Regulations.
Sec. 17a-22g. Connecticut Community KidCare. Disclosure of case-specific information. Limitations.
Sec. 17a-23. (Formerly Sec. 17-427). High Meadows. Function; age limits.
Sec. 17a-24. (Formerly Sec. 17-428). Regulation of motor vehicles and roadways by superintendents of institutions.
Sec. 17a-25. (Formerly Sec. 17-429). Superintendents and directors of facilities. Qualifications, responsibilities and duties.
Sec. 17a-26. (Formerly Sec. 17-430). Use of federal funds available for services to children.
Sec. 17a-27. (Formerly Sec. 17-372). Investment and use of the Connecticut Juvenile Training School donation fund.
Sec. 17a-27a. Long Lane School Advisory Board established. Composition. Report.
Sec. 17a-27b. Connecticut Juvenile Training School project: Exemption from statutory provisions.
Sec. 17a-27c. Connecticut Juvenile Training School project: Transfer of property; entry upon private property; payment of damages.
Sec. 17a-27d. Connecticut Juvenile Training School project: Architectural services and design contract.
Sec. 17a-27e. Connecticut Juvenile Training School. Standards.
Sec. 17a-27f. Connecticut Juvenile Training School. Public safety committee. Security and alert system.
Sec. 17a-28. (Formerly Sec. 17-431). Definitions. Confidentiality of and access to records; exceptions. Procedure for aggrieved persons. Regulations.
Sec. 17a-29. (Formerly Sec. 17-433). Committal or transfer of persons under age of eighteen prohibited; exception.
Sec. 17a-30. (Formerly Sec. 17-434). Regional advisory councils. Appointment and terms.
Sec. 17a-31. (Formerly Sec. 17-435). Transfer of administration and control of certain institutions, facilities and personal property to Commissioner of Children and Families. Transfer of certain funds.
Sec. 17a-32. (Formerly Sec. 17-435a). Names of children's facilities designated.
Sec. 17a-33. (Formerly Sec. 17-435c). Undercliff Mental Health Center buildings and facilities under the control of the Department of Mental Retardation.
Secs. 17a-34 and 17a-35. (Formerly Secs. 17-435e and 17-435f). Transfer of Bryan Building at Norwich Hospital to Department of Public Works. Transfer of Ray Building at Norwich Hospital to Department of Mental Health.
Sec. 17a-36. (Formerly Sec. 17-439). Financial liability for services.
Sec. 17a-37. (Formerly Sec. 17-441). Establishment of school district in the Department of Children and Families. Unified School District #2.
Sec. 17a-38. (Formerly Sec. 17-441a). Home-based treatment programs.
Secs. 17a-39 to 17a-41.
Sec. 17a-42. (Formerly Sec. 17-444). Photo-listing service established.
Sec. 17a-43. (Formerly Sec. 17-444a). Registration with photo-listing service.
Sec. 17a-44. (Formerly Sec. 17-444b). Status of photo-listed children. Referral to national adoption exchanges.
Sec. 17a-45. (Formerly Sec. 17-444c). Referral to photo-listing service.
Sec. 17a-46. (Formerly Sec. 17-444d). Deferral of photo-listing a child.
Sec. 17a-47. (Formerly Sec. 17-445). Legal division re child abuse and neglect.
Sec. 17a-48. (Formerly Sec. 17-445a). Commissioner to take custody of child who is victim of employment in obscene performance.
Sec. 17a-49. (Formerly Sec. 17-446). Grants for programs to treat and prevent child abuse and neglect and programs for juvenile criminal diversion.
Sec. 17a-50. (Formerly Sec. 17-500). Children's Trust Fund established. Regulations. Children's Trust Fund Council. Parent Trust Fund. Report.
Sec. 17a-51. (Formerly Sec. 17-447). Plan for the reduction of the number of children receiving foster care assistance.
Sec. 17a-52. Youth Suicide Advisory Board established. Composition.
Sec. 17a-53. Training manual for youth suicide prevention programs.
Sec. 17a-54. Parent education and support centers.
Sec. 17a-55. Awarding of grants to community service programs based upon effectiveness.
Sec. 17a-56. Healthy Families Connecticut established.
Sec. 17a-56a. Healthy Family Advisory Commission.
Sec. 17a-57. Designation of emergency room nursing staff to take physical custody of infant voluntarily surrendered.
Sec. 17a-58. Physical custody of infant upon voluntary surrender by parent or agent. Medical history. Identification bracelet.
Sec. 17a-59. Notification of custody. Assumption of care and control by commissioner.
Sec. 17a-60. Reunification of parent with infant. Confidentiality of information provided designated employee.
Sec. 17a-61. Public information program.
Secs. 17a-62 to 17a-74.
Sec. 17a-75. (Formerly Sec. 17-205b). Definitions.
Sec. 17a-76. (Formerly Sec. 17-205c). Application for commitment of mentally ill child. Jurisdiction. Transfer to Superior Court, when. Appointment of counsel. Three-judge court, members, powers.
Sec. 17a-77. (Formerly Sec. 17-205d). Hearing. Notice to child, parents, guardian. Availability of records. Physicians, appointment; certificate; report. Right of child to be at hearing. Order for commitment. Transfer to other institutions. Recommitment.
Sec. 17a-78. (Formerly Sec. 17-205e). Hospitalization of child for diagnosis or treatment of mental disorder. Examination. Discharge. Rights to be explained. Hearing. Duties of hospital. Order for continued hospitalization. Immediate discharge, when.
Sec. 17a-79. (Formerly Sec. 17-205f). Hospitalization of child for diagnosis or treatment of mental disorder.
Sec. 17a-80. (Formerly Sec. 17-205g). Right of review of status as voluntary patient. Hearing. Child's right to be at hearing. Duties of hospital.
Sec. 17a-81. (Formerly Sec. 17-205h). Parental consent necessary for treatment. Exceptions.
Sec. 17a-82. (Formerly Sec. 17-205i). Payment of commitment and transportation expenses.
Sec. 17a-83. (Formerly Sec. 17-205j). Penalty for conspiring to commit any child to a hospital for mental illness.
Secs. 17a-84 to 17a-89.
PART I
GENERAL PROVISIONS
As used in sections 17a-1 to
17a-26, inclusive, 17a-28 to 17a-49, inclusive, 17a-127 and 46b-120, unless otherwise
provided in said sections:
(1) "Commissioner" means the Commissioner of Children and Families;
(2) "Council" means the State Advisory Council on Children and Families;
(3) "Advisory committee" means the Children's Behavioral Health Advisory Committee to the council;
(4) "Department" means the Department of Children and Families;
(5) "Child" means any person under sixteen years of age;
(6) "Youth" means any person at least sixteen years of age and under nineteen years
of age;
(7) "Delinquent child" shall have the meaning ascribed thereto in section 46b-120;
(8) "Child or youth with behavioral health needs" means a child or youth who is
suffering from one or more mental disorders as defined in the most recent edition of
the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental
Disorders";
(9) "Individual service plan" means a written plan to access specialized, coordinated
and integrated care for a child or youth with complex behavioral health service needs
that is designed to meet the needs of the child or youth and his or her family and may
include, when appropriate (A) an assessment of the individual needs of the child or
youth, (B) an identification of service needs, (C) an identification of services that are
currently being provided, (D) an identification of opportunities for full participation by
parents or emancipated minors, (E) include a reintegration plan when an out-of-home
placement is made or recommended, (F) an identification of criteria for evaluating the
effectiveness and appropriateness of such plan, and (G) coordination of the individual
service plan with any educational services provided to the child or youth. The plan shall
be subject to review at least every six months or upon reasonable request by the parent
based on a changed circumstance, and be approved, in writing, by the parents, guardian
of a child or youth and emancipated minors;
(10) "Family" means a child or youth with behavioral health needs and (A) one or
more biological or adoptive parents, except for a parent whose parental rights have been
terminated, (B) one or more persons to whom legal custody or guardianship has been
given, or (C) one or more adults who have a primary responsibility for providing continuous care to such child or youth;
(11) "Parent" means a biological or adoptive parent, except a parent whose parental
rights have been terminated;
(12) "Guardian" means a person who has a judicially created relationship between
a child or youth and such person that is intended to be permanent and self-sustaining
as evidenced by the transfer to such person of the following parental rights with respect
to the child or youth: (A) The obligation of care and control; (B) the authority to make
major decisions affecting the child's or youth's welfare, including, but not limited to,
consent determinations regarding marriage, enlistment in the armed forces and major
medical, psychiatric or surgical treatment; (C) the obligation of protection of the child
or youth; (D) the obligation to provide access to education; and (E) custody of the child
or youth;
(13) "Serious emotional disturbance" and "seriously emotionally disturbed" means,
with regard to a child or youth, that the child or youth (A) has a range of diagnosable
mental, behavioral or emotional disorders of sufficient duration to meet diagnostic criteria specified in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", and (B) exhibits behaviors that
substantially interfere with or limit the child's or youth's ability to function in the family,
school or community and are not a temporary response to a stressful situation;
(14) "Child or youth with complex behavioral health service needs" means a child
or youth with behavioral health needs who needs specialized, coordinated behavioral
health services;
(15) "Transition services" means services in the areas of education, employment,
housing and community living designed to assist a youth with a serious emotional disturbance who is transitioning into adulthood; and
(16) "Community collaborative" means a local consortium of public and private
health care providers, parents and guardians of children with behavioral health needs
and service and education agencies that have organized to develop coordinated comprehensive community resources for children or youth with complex behavioral health
service needs and their families in accordance with principles and goals of Connecticut
Community KidCare.
(1969, P.A. 664, S. 3; 1971, P.A. 818, S. 1; 1972, P.A. 127, S. 32; P.A. 75-524, S. 1, 30; P.A. 93-91, S. 1, 2; P.A. 97-
272, S. 1; P.A. 98-241, S. 1, 18; June Sp. Sess. P.A. 00-2, S. 6, 53; June Sp. Sess. P.A. 01-2, S. 42, 69; June Sp. Sess. P.A.
01-9, S. 129, 131; P.A. 02-109, S. 3.)
History: 1971 act redefined "child" and "youth"; 1972 act again redefined "youth" to reflect changed age of majority;
P.A. 75-524 specified "council" to be state advisory council; Sec. 17-410 transferred to Sec. 17a-1 in 1991; P.A. 93-91
substituted commissioner and department of children and families for commissioner and department of children and youth
services and council on children and families for council on children and youth services, effective July 1, 1993 (Revisor's
note: Reference in opening sentence to section "17a-51" was deleted editorially by the Revisors to reflect the repeal of
that section by P.A. 93-216, S. 8); P.A. 97-272 replaced alphabetic Subdiv. indicators with numeric indicators and added
definitions of "child or youth with mental illness", "child or youth with emotional disturbance", "individual system of care
plan", "family", "child or youth at placement risk" and "parent"; P.A. 98-241 added Subdiv. (13) defining "guardian",
effective July 1, 1998; June Sp. Sess. P.A. 00-2 added Subdiv. (14) defining "serious emotional disturbance" and "seriously
emotionally disturbed", and amended Subdivs. (9), (10) and (11) to add "seriously emotionally disturbed" in reference to
a child or youth, effective July 1, 2000; June Sp. Sess. P.A. 01-2 made substantial revisions to section, adding definitions
of "advisory committee", "child or youth with complex behavioral health service needs", "transition services" and "community collaborative", deleting definitions of "child or youth with emotional disturbance" and "child or youth at placement
risk", redefining "youth", "individual service plan" and "family", inserting in definition of "guardian" references to youth,
deleting in definition of "parent" word "biological", substituting in definition of "child or youth with mental illness"
"behavioral health needs" for "mental illness", defining "individual service plan" in lieu of "individual system of care
plan", making technical changes and renumbering Subdivs. accordingly, effective July 1, 2001; June Sp. Sess. P.A. 01-9
revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section; P.A. 02-109 specified that the definitions
apply "unless otherwise provided in said sections" and made technical changes in Subdivs. (9), (10) and (12), effective
June 7, 2002.
Annotation to former section 17-410:
Cited. 158 C. 439.
Annotations to present section:
If parental rights terminated parent can still file habeas petition for child. 255 C. 208.
Cited. 25 CA 586, 590; judgment reversed, see 223 C. 492 et seq.
Subsec. (c):
Cited. 237 C. 272, 274. Cited. 238 C. 146. Cited. Id., 183.
Sec. 17a-2. (Formerly Sec. 17-411). Composition of department. Name
change. (a) There shall be a Department of Children and Families which shall be a
single budgeted agency consisting of the institutions, facilities programs now existing
within the department, any programs and facilities transferred to the department, and
such other institutions, facilities and programs as may hereafter be established by or
transferred to the department by the General Assembly.
(b) Said department shall constitute a successor department to the Department of
Children and Youth Services, for the purposes of sections 2c-2b, 4-5, 4-38c, 4-60i, 4-
77a, 4-165b, 4a-11b, 4a-12, 4a-16, 5-259, 7-127c, 8-206d, 10-8a, 10-15d, 10-76d, 10-
76h, 10-76i, 10-76w, 10-76g, 10-94g, 10-253, 17-86a, 17-294, 17-409, 17-437, 17-572,
17-578, 17-579, 17-585, 17a-1 to 17a-89, inclusive, 17a-90 to 17a-209, inclusive, 17a-
218, 17a-277, 17a-450, 17a-458, 17a-463, 17a-474, 17a-560, 17a-511, 17a-634, 17a-
646, 17a-659, 18-69, 18-69a, 18-87, 19a-78, 19a-125, 19a-216, 20-14i, 20-14j, 31-23,
31-306a, 38a-514, 45a-591 to 45a-705, inclusive, 45a-706 to 45a-770, inclusive, 46a-
28, 46a-126, 46b-15 to 46b-19, inclusive, 46b-120 to 46b-159, inclusive, 54-56d, 54-
142k, 54-199, 54-203 and in accordance with the provisions of sections 4-38d and 4-39.
(c) Whenever the words "Commissioner of Children and Youth Services", "Department of Children and Youth Services", or "Council on Children and Youth Services"
are used in sections 2c-2b, 4-5, 4-38c, 4-60i, 4-77a, 4-165b, 4a-11b, 4a-12, 4a-16, 5-
259, 7-127c, 8-206d, 10-8a, 10-15d, 10-76d, 10-76h, 10-76i, 10-76w, 10-94g, 10-253,
17-86a, 17-294, 17-409, 17-437, 17-572, 17-578, 17-579, 17-585, 17a-1 to 17a-89,
inclusive, 17a-90 to 17a-209, inclusive, 17a-218, 17a-277, 17a-450, 17a-458, 17a-463,
17a-474, 17a-511, 17a-634, 17a-646, 17a-659, 18-69, 18-69a, 18-87, 19a-78, 19a-125,
19a-216, 20-14i, 20-14j, 31-23, 31-306a, 38a-514, 45a-591 to 45a-705, inclusive, 45a-
706 to 45a-770, inclusive, 46a-28, 46a-126, 46b-15 to 46b-19, inclusive, 46b-120 to
46b-159, inclusive, 54-56d, 54-142k, 54-199, 54-203, the words "Commissioner of
Children and Families", "Department of Children and Families", and "Council on Children and Families" shall be substituted respectively in lieu thereof.
(1969, P.A. 664, S. 1; P.A. 75-524, S. 2, 30; P.A. 93-91, S. 1, 2.)
History: P.A. 75-524 replaced provision that department consists of Long Lane School, Connecticut School for Boys
and other institutions, facilities, divisions, etc. "as the department shall hereafter establish" with provisions that institutions,
etc. existing in, transferred to or established by department are within its jurisdiction; Sec. 17-411 transferred to Sec. 17a-
2 in 1991; P.A. 93-91 changed the name of the department of, and council on, children and youth services to the department
of, and council on, children and families, effective July 1, 1993.
Subsec. (b):
Cited. 238 C. 183.
Sec. 17a-3. (Formerly Sec. 17-412). Powers and duties of department. Master
plan. 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 youth 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 youth who are mentally ill, emotionally disturbed, substance
abusers, delinquent, abused, neglected or uncared for, including all children and youth
who are or may be committed to it by any court, and all children and youth voluntarily
admitted to the department 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 youth and their families. The
program shall provide services and placements that are clinically indicated and appropriate to the needs of the child or youth. In furtherance of this purpose, the department
shall: (a) Maintain the Connecticut Juvenile Training School and other appropriate facilities exclusively for delinquents; (b) develop a comprehensive program for prevention
of problems of children and youth and provide a flexible, innovative and effective program for the placement, care and treatment of children and youth committed by any court
to the department, transferred to the department by other departments, or voluntarily
admitted to the department; (c) provide appropriate services to families of children and
youth as needed to achieve the purposes of sections 17a-1 to 17a-26, inclusive, 17a-28
to 17a-49, inclusive, and 17a-51; (d) establish incentive paid work programs for children
and youth under the care of the department and the rates to be paid such children and
youth for work done in such programs and may provide allowances to children and
youth in his custody; (e) be responsible to collect, interpret and publish statistics relating
to children and youth within the department; (f) conduct studies of any program, service
or facility developed, operated, contracted for or supported by the department in order
to evaluate its effectiveness; (g) establish staff development and other training and educational programs designed to improve the quality of departmental services and programs, provided no social worker trainee shall be assigned a case load prior to completing
training, and may establish educational or training programs for children, youth, 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 youth; (h) develop and implement aftercare and follow-
up services appropriate to the needs of any child or youth under his care; (i) establish
a case audit unit to monitor each region's compliance with regulations and procedures;
(j) develop and maintain a database listing available community service programs
funded by the department; (k) 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; (l) collect data sufficient to identify the housing
needs of children served by the department and share such data with the Department
of Economic and Community Development; (m) prepare and submit biennially to the
General Assembly a five-year master plan. The master plan shall include, but not be
limited to: (1) The long-range goals and the current level of attainment of such goals of
the department; (2) a detailed description of the types and amounts of services presently
provided to the department's clients; (3) a detailed forecast of the service needs of current
and projected target populations; (4) detailed cost projections for alternate means of
meeting projected needs; (5) funding priorities for each of the five years included in the
plan and specific plans indicating how the funds are to be used; (6) a written plan for
the prevention of child abuse and neglect; (7) a comprehensive mental health plan for
children and adolescents, including children with complicating or multiple disabilities;
(8) a comprehensive plan for children and youth who are substance abusers, developed
in conjunction with the Department of Mental Health and Addiction Services pursuant
to the provisions of sections 19a-2a and 19a-7; and (9) an overall assessment of the
adequacy of children's services in Connecticut. The plan shall be prepared within existing funds appropriated to the department; and (n) prepare a plan to keep children who
are convicted as delinquent and will be committed to the Department of Children and
Families and placed in the Connecticut Juvenile Training School in such facility for at
least one year after their referral to the department, which plan shall include provisions
for development of a comprehensive approach to juvenile rehabilitation.
(1969, P.A. 664, S. 2; P.A. 75-524, S. 3, 30; P.A. 79-165; P.A. 86-15; P.A. 89-191, S. 2; P.A. 91-268, S. 1; June Sp.
Sess. P.A. 91-8, S. 55; P.A. 94-232, S. 1; P.A. 95-250, S. 1; 95-257, S. 5, 58; P.A. 96-211, S. 1, 5, 6; 96-238, S. 15, 25;
P.A. 97-272, S. 6; P.A. 99-26, S. 11, 17, 39.)
History: P.A. 75-524 essentially rewrote section, clarifying and extending department's responsibilities; P.A. 79-165
added Subdiv. (i) re master plan; P.A. 86-15 required biennial, rather than annual, submission of master plan; P.A. 89-191
added youth suicide prevention as part of the prevention programs the department is required to provide or arrange for;
Sec. 17-412 transferred to Sec. 17a-3 in 1991; P.A. 91-268 added provision in Subdiv. (g) prohibiting a social worker
trainee from working on assigned cases until the completion of training, added new Subdivs. (i) establishing a case audit
unit, and (j) requiring the development of a list of community service programs, and relettered the remaining Subdiv.
accordingly; June Sp. Sess. P.A. 91-8 added new Subdivs. (k) re providing outreach and assistance regarding various
programs and benefits to persons caring for the children of others, and (l) re collecting housing data to identify and provide
housing assistance to children in need and relettered the previous Subdiv. (Revisor's note: The reference in Subdiv. (c) to
Sec. 17a-51 was deleted editorially by the Revisors to reflect the repeal of that section by P.A. 93-216, S. 8); P.A. 94-232
added teenage pregnancy to requirement for preventive programs and added new Subdiv. (8) to require a comprehensive
plan for substance abusers; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development; P.A. 95-257 replaced Commissioner and Department
of Public Health and Addiction Services with Commissioner and Department of Mental Health and Addiction Services,
effective July 1, 1995; P.A. 96-238 added reference to deaf and hearing impaired children and youth who are mentally ill
and added children with complicating or multiple disabilities to Subdiv. (7), effective July 1, 1996 (Revisor's note: In
Subdiv. (d) the Revisor's editorially replaced a comma with the word "and" before the words "the rates" in the phrase "...
under the care of the department and the rates to be paid such ..."); P.A. 97-272 added provision requiring that programs
provide services and placements that are clinically indicated and appropriate; P.A. 99-26 added Subsec. (n) to require the
department to prepare a plan to keep delinquent children placed in the new Connecticut Juvenile Training School in such
facility for at least one year, effective May 7, 1999, and amended Subsec. (a) to replace "Long Lane School" with "the
Connecticut Juvenile Training School" and amended Subsec. (n) to delete "new" before "Connecticut Juvenile Training
School", effective upon the filing with the Governor and the General Assembly of written certification by the Commissioner
of Children and Families that the new Connecticut Juvenile Training School is operational (Revisor's note: Said written
certification was filed with the Senate and House Clerks on September 20, 2001, and with the Governor on September
21, 2001).
See Sec. 17a-453c re "Project Safe" interagency collaboration.
Annotation to former section 17-412:
Subsec. (b):
Cited. 171 C. 644, 651, 653.
Annotations to present section:
Cited. 41 CA 565, 566.
Cited. 44 CS 551.
Sec. 17a-4. (Formerly Sec. 17-413). State Advisory Council on Children and
Families. Appointment. Powers and duties. (a) There shall be a State Advisory Council on Children and Families which shall consist of seventeen members appointed by
the Governor, including at least five persons who are child care professionals, one child
psychiatrist licensed to practice medicine in this state and at least one attorney. The
balance of the advisory council shall be representative of young persons, parents and
others interested in the delivery of services to children and youth. No less than fifty per
cent of the council's members shall be parents or family members of children who have
received, or are receiving, behavioral health, child welfare services or juvenile services
and no more than half the members of the council shall be persons who receive income
from a private practice or any public or private agency that delivers mental health,
substance abuse, child abuse prevention and treatment, child welfare services or juvenile
services. Members of the council shall serve without compensation, except for necessary
expenses incurred in the performance of their duties. Members shall serve on the council
for terms of two years each and no member shall serve for more than two consecutive
terms. The commissioner shall be an ex-officio member of the council without vote and
shall attend its meetings. Any member who fails to attend three consecutive meetings
or fifty per cent of all meetings during any calendar year shall be deemed to have resigned. The council shall elect a chairperson and vice-chairperson to act in the chairperson's absence.
(b) The council shall meet quarterly, and more often upon the call of the chair or a
majority of the members. A majority of the members in office, but not less than six
members, shall constitute a quorum. The council shall have complete access to all records of the institutions and facilities of the department in furtherance of its duties, while
at all times protecting the right of privacy of all individuals involved, as provided in
section 17a-28.
(c) The duties of the council shall be to: (1) Recommend to the commissioner programs, legislation or other matters which will improve services for children and youth;
(2) annually review and advise the commissioner regarding the proposed budget; (3)
interpret to the community at large the policies, duties and programs of the department;
and (4) issue any reports it deems necessary to the Governor and the Commissioner of
Children and Families.
(1969, P.A. 664, S. 4; 1971, P.A. 818, S. 2; P.A. 74-150, S. 2; P.A. 75-524, S. 4, 30; P.A. 79-45; P.A. 84-256, S. 12,
17; P.A. 93-91, S. 1, 2; P.A. 00-188, S. 1, 5; June Sp. Sess. P.A. 01-2, S. 50, 69; June Sp. Sess. P.A. 01-9, S. 129, 131.)
History: 1971 act established council as advisory body, increased membership from eleven to fourteen by adding three
youth members as provided in act, required that meeting be called at request of five, rather than three members, and deleted
provisions re required appearances and production of documents, re development of department policy and re board of
review as no longer conforming with advisory status; P.A. 74-150 deleted requirement that at least one woman member
be appointed; P.A. 75-524 increased membership to fifteen and required five to be child-care professionals, one to be
attorney with remainder representative of young people, parents and other interested parties, specified that psychiatrist
member be "child" psychiatrist, changed schedule of appointments, removed all agency heads, except commissioner of
children and youth services, from ex-officio membership, limited terms, required monthly rather than quarterly meetings,
allowed council access to records and expanded council's duties in new Subsec. (c); P.A. 79-45 changed age of youth
members from between eighteen and twenty-five to between fifteen and twenty-two; P.A. 84-256 added attendance and
quorum requirements for members and eliminated requirement of annual report to governor, required that meetings be
held quarterly rather than monthly and deleted obsolete appointment provisions; Sec. 17-413 transferred to Sec. 17a-4 in
1991; P.A. 93-91 substituted commissioner and department of children and families and council on children and families
for commissioner and department of children and youth services and council on children and youth services, effective July
1, 1993; P.A. 00-188 amended Subsec. (a) to delete requirement that at least three members between fifteen and twenty-
two years of age be appointed and to make technical changes, effective July 1, 2000; June Sp. Sess. P.A. 01-2 amended
Subsec. (a) to increase, from fifteen to seventeen, the number of members, to require that no less than fifty per cent of the
members be parents or family members of children who have received or are receiving behavioral health, child welfare
services or juvenile services and that no more than half the members be persons who receive income from a private practice
or any public or private agency that delivers mental health, substance abuse, child abuse prevention and treatment, child
welfare services or juvenile services, and to require that members serve on the council for terms of two years each, and
amended Subsec. (c) to make technical changes, effective July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of
June Sp. Sess. P.A. 01-2 but without affecting this section.
See title 2c re termination under "Sunset Law".
(a) There is established a Children's Behavioral Health Advisory Committee to the State Advisory Council on Children and Families which shall promote and
enhance the provision of behavioral health services for all children in this state.
(b) The Children's Behavioral Health Advisory Committee shall be composed of
the following ex-officio voting members: (1) The Commissioner of Children and Families or the commissioner's designee; (2) the Commissioner of Social Services or the
commissioner's designee; (3) the Executive Director of the Children's Health Council
or said director's designee; (4) the Chief Court Administrator or said administrator's
designee; (5) the Commissioner of Education or the commissioner's designee; (6) the
Commissioner of Mental Health and Addiction Services or the commissioner's designee; (7) the Commissioner of Mental Retardation or the commissioner's designee; (8)
the executive director of the Office of Protection and Advocacy for Persons with Disabilities or the director's designee; and the following public members: (A) Two members
appointed by the Governor, one member who shall be a parent of a child who receives
behavioral health services and the other a provider of behavioral health services; (B)
one member each shall be appointed by the president pro tempore of the Senate, the
speaker of the House of Representatives, the majority leader of the Senate, the majority
leader of the House of Representatives, the minority leader of the Senate and the minority
leader of the House of Representatives, all of whom shall be knowledgeable on issues
relative to children in need of behavioral health services and family supports; and (C)
sixteen members appointed by the chairperson of the State Advisory Council on Children
and Families. The membership of the advisory committee shall fairly and adequately
represent parents of children who have a serious emotional disturbance. At least fifty-
one per cent of the members of the advisory committee shall be persons who are parents
or relatives of a child who has or had a serious emotional disturbance or persons who
had a serious emotional disturbance as a child and no more than half the members of
the committee shall be persons who receive income from a private practice or any public
or private agency that delivers behavioral health services.
(c) All appointments to the advisory committee shall be made no later than sixty
days after July 1, 2000. Any vacancy shall be filled by the appointing authority. Members
shall serve two-year terms and no public member shall serve for more than two consecutive terms.
(d) The advisory committee shall elect two cochairpersons from among its members, one of whom shall be the parent of a child with a serious emotional disturbance.
The advisory committee shall meet at least bimonthly. Members of the advisory committee shall serve without compensation, except for necessary expenses incurred in the
performance of their duties.
(e) Not later than October first of each year, the advisory committee shall submit
a status report on local systems of care and practice standards for state-funded behavioral
health programs to the State Advisory Council on Children and Families.
(f) Not later than October first of each odd-numbered year, the advisory committee
shall submit recommendations concerning the provision of behavioral health services
for all children in the state to the State Advisory Council on Children and Families. The
recommendations shall address, but shall not be limited to, the following: (1) The target
population for children with behavioral health needs, and assessment and benefit options
for children with such needs; (2) the appropriateness and quality of care for children
with behavioral health needs; (3) the coordination of behavioral health services provided
under the HUSKY Plan with services provided by other publicly-funded programs; (4)
performance standards for preventive services, family supports and emergency service
training programs; (5) assessments of community-based and residential care programs;
(6) outcome measurements by reviewing provider practice; and (7) a medication protocol and standards for the monitoring of medication and after-care programs.
(P.A. 00-188, S. 2, 5; P.A. 01-19, S. 1, 2; June Sp. Sess. P.A. 01-2, S. 51, 69; June Sp. Sess. P.A. 01-9, S. 93, 129, 131.)
History: P.A. 00-188 effective July 1, 2000; P.A. 01-19, effective May 15, 2001, and June Sp. Sess. P.A. 01-9, effective
July 1, 2001, both amended Subsec. (b) to add executive director of the Office of Protection and Advocacy for Persons
with Disabilities or designee as a committee member; June Sp. Sess. P.A. 01-2 amended Subsec. (b) to require that the
seven state agency heads be ex-officio voting members, to require that all of the appointed members be public members,
substituting Subparas. designators (A) to (C) for Subdivs. (8) to (10), to increase, from fifty to fifty-one per cent, the number
of advisory committee members who shall be parents or relatives of a child who has or had a serious emotional disturbance
or persons who had a serious emotional disturbance as a child, and to require that no more than half the members be persons
who receive income from a private practice or any public or private agency that delivers behavioral health services, amended
Subsec. (c) to prohibit public members from serving for more than two consecutive terms, and amended Subsec. (d) to
allow advisory committee members to receive necessary expenses incurred in the performance of their duties, effective
July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section.
In accordance with the provisions of sections 4-5 to 4-8, inclusive, the Governor shall, after
consultation with the Council on Children and Families, appoint a Commissioner of
Children and Families who shall be the administrative head of the department. He shall
devote his full time to the duties of his office.
(1969, P.A. 664, S. 5; P.A. 93-91, S. 1, 2.)
History: Sec. 17-414 transferred to Sec. 17a-5 in 1991; P.A. 93-91 substituted commissioner and department of children
and families and council on children and families for commissioner and department of children and youth services and
council on children and youth services, effective July 1, 1993.
The
commissioner or the commissioner's designee shall:
(a) Establish or contract for the use of a variety of facilities and services for identification, evaluation, discipline, rehabilitation, aftercare, treatment and care of children
and youth in need of the department's services;
(b) Administer in a coordinated and integrated manner all institutions and facilities
which are or may come under the jurisdiction of the department and may appoint advisory groups for any such institution or facility;
(c) Encourage the development of programs and the establishment of facilities for
children and youth by public or private agencies and groups;
(d) Enter into cooperative arrangements with public or private agencies outside
the state;
(e) Insure that all children under the commissioner's supervision have adequate
food, clothing, shelter and adequate medical, dental, psychiatric, psychological, social,
religious and other services;
(f) Provide, in the commissioner's discretion, needed service to any municipality,
agency, or person, whether or not such person is committed to the commissioner;
(g) Adopt and enforce regulations and establish rules for the internal operation and
administration of the department in accordance with chapter 54;
(h) Undertake, contract for or otherwise stimulate research concerning children and
youth;
(i) Subject to the provisions of chapter 67, appoint such professional, technical and
other personnel as may be necessary for the efficient operation of the department;
(j) Coordinate the activities of the department with those of other state departments,
municipalities and private agencies concerned with providing services for children and
youth and their families;
(k) Act as administrator of the Interstate Compact on Juveniles established by section 46b-151a, when so designated by the Governor in accordance with section 46b-
151c;
(l) Provide or arrange for the provision of suitable education for every child under
the commissioner's supervision, either in public schools, special educational programs,
private schools, educational programs within the institutions or facilities under the commissioner's jurisdiction, or work and training programs otherwise provided by law. The
suitability of educational programs provided by the commissioner shall be subject to
review by the Department of Education;
(m) Submit to the state advisory council for its comment proposals for new policies
or programs and the proposed budget for the department;
(n) Have any and all other powers and duties as are necessary to administer the
department and implement the purposes of sections 17a-1 to 17a-26, inclusive, and 17a-
28 to 17a-49, inclusive;
(o) Conduct and render a final decision in administrative hearings; and
(p) Provide programs for juvenile offenders that are gender specific in that they
comprehensively address the unique needs of a targeted gender group.
(1969, P.A. 664, S. 6; 1971, P.A. 818, S. 3, 4; 1972, P.A. 107, S. 1; P.A. 73-49, S. 1, 3; P.A. 75-524, S. 5, 30; P.A. 93-
54; P.A. 01-181, S. 1.)
History: 1971 act deleted references to consultation with council in Subsec. (b) and to policies formulated by council
in Subsec. (e), reflecting council's change to advisory status; 1972 act inserted new Subsec. (q) re vocational parole and
redesignated former Subsec. (q) as Subsec. (r); P.A. 73-49 rephrased Subsec. (q) and stated that limitations on employment
of those under sixteen do not apply; P.A. 75-524 replaced previous provisions and included commissioner's designee; Sec.
17-415 transferred to Sec. 17a-6 in 1991; P.A. 93-54 added Subdiv. (o) authorizing commissioner to conduct administrative
hearings and render final decisions (Revisor's note: The reference in Subdiv. (n) to Sec. 17a-51 was deleted editorially by
the Revisors to reflect the repeal of that section by P.A. 93-216, S. 8); P.A. 01-181 made technical changes for purposes
of gender neutrality in introductory language and Subdivs. (e), (f) and (l) and added Subdiv. (p) re provision of programs
for juvenile offenders that are gender specific, addressing needs of targeted gender group.
See Secs. 20-14h to 20-14j, inclusive, re administration of medication in day and residential programs and facilities.
Annotations to former section 17-415:
Cited. 171 C. 644, 653. Cited. Id., 652.
Except as otherwise limited by subsection (i) of section 46b-140 and
subsection (a) of section 46b-141, the Commissioner of Children and Families or his
designee may, when deemed in the best interests of a child committed to the custody
of the commissioner as delinquent by the Superior Court, place such child on parole
under such terms or conditions as the commissioner or his designee deem to be in the
best interests of such child. When in the opinion of the commissioner or his designee
it is no longer in the best interest of such child to remain on parole such child may
be returned to any institution, resource or facility administered by or available to the
Department of Children and Families.
(P.A. 74-268, S. 1, 3; P.A. 75-524, S. 11, 30; P.A. 78-280, S. 28, 127; P.A. 79-581, S. 8; P.A. 93-91, S. 1, 2; June Sp.
Sess. P.A. 98-1, S. 78, 121.)
History: P.A. 75-524 replaced "person" with "child or youth"; P.A. 78-280 deleted references to youths and replaced
juvenile court with superior court; P.A. 79-581 placed limitation on provisions re Secs. 51-321 and 51-322(a); Sec. 17-
415a transferred to Sec. 17a-7 in 1991; P.A. 93-91 substituted commissioner and department of children and families for
commissioner and department of children and youth services, effective July 1, 1993; June Sp. Sess. P.A. 98-1 made a
technical change, effective June 24, 1998.
The Commissioner of Children and Families shall adopt regulations, in accordance with chapter 54, setting standard leave and release policies for
juvenile delinquents committed to the Department of Children and Families and assigned to state facilities and private residential programs. Such regulations shall provide
that juvenile delinquents shall not be eligible for leave without an initial sixty-day evaluation of fitness and security risk, including a trial leave not exceeding one day. Such
regulations shall provide that juvenile delinquents shall not be eligible for any leave or
release without (1) an evaluation of fitness and security risk, (2) the assignment of
supervision and clear identification of custody of a parent, legal guardian or other responsible adult, (3) confidential notification of local police for a leave or release granted to
a serious juvenile offender, and (4) a determination of eligibility immediately prior to
granting the leave or release of a delinquent.
(P.A. 97-130.)
Sec. 17a-8. (Formerly Sec. 17-415b). Custody of children and youth committed as delinquent to commissioner; term, escape, parole, recapture. Vocational
parole. (a) All children and youth who are or have been committed to the custody of
the Commissioner of Children and Families as delinquent shall remain in such custody
until such custody expires or terminates as provided by the order of the Superior Court.
Any child or youth who while placed in an institution administered by the Department
of Children and Families escapes from such institution or any child or youth who violates
the terms or conditions of parole may be returned to actual custody. The request of the
Commissioner of Children and Families or his designee shall be sufficient warrant to
authorize any officer of the Department of Children and Families or any officer authorized by law to serve criminal process within this state to return any such child or youth
into actual custody; and any such officer, police officer or constable shall arrest and
hold any such child or youth when so requested, without written warrant.
(b) If the commissioner finds that a child or youth committed to his custody as
delinquent who is fourteen years of age or older cannot benefit from continued school
attendance and if he further finds that such person may benefit from part or full-time
employment at some useful occupation, the commissioner may place him on vocational
parole, under the supervision of an employee of the department. For the purposes of
this section, the limitations of subsection (a) of section 31-23, on the employment of
minors under the age of sixteen years, shall not apply for the duration of such vocational
parole.
(P.A. 74-268, S. 2, 3; P.A. 75-524, S. 12, 30; P.A. 76-436, S. 588, 681; P.A. 93-91, S. 1, 2; P.A. 00-99, S. 53, 154.)
History: P.A. 75-524 replaced "person(s)" with "child(ren) or youth" and added Subsec. (b) re vocational parole; P.A.
76-436 replaced juvenile court with superior court, effective July 1, 1978; Sec. 17-415b transferred to Sec. 17a-8 in 1991;
P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children
and youth services, effective July 1, 1993; P.A. 00-99 deleted reference to sheriff in Subsec. (a), effective December 1, 2000.
See Sec. 31-23 re prohibition against employment of minors in certain occupations.
The Commissioner of Children and Families may authorize leave for a child convicted
as delinquent committed to the Department of Children and Families and assigned to a
state facility or private residential program, provided there is a reasonable belief, based
on the totality of the information in the possession of the commissioner, that such child
will honor the commissioner's trust and is eligible for leave under standards adopted
pursuant to 17a-7a. If any such child who is granted leave under this section fails to
return to such facility or program, such child shall be guilty of escape from custody
pursuant to section 53a-171. The superintendent or director shall disclose any records
created or obtained by the facility or program regarding such child and necessary to
facilitate the apprehension and the return of the child to the custody of the commissioner.
(P.A. 98-70, S. 4; P.A. 00-209, S. 1.)
History: P.A. 00-209 added provision that a child who fails to return from an authorized leave "shall be guilty of escape
from custody pursuant to section 53a-171", required the disclosure of records "necessary to facilitate the apprehension
and return of the child to the custody of the commissioner", deleted provision that limited the disclosure "to the appropriate
law enforcement agency" and made a technical change.
Sec. 17a-9. (Formerly Sec. 17-417). Appointment of deputy commissioners,
directors and administrative heads. (a) The commissioner shall appoint, after consultation with the state advisory council, and may remove in a like manner, two deputy
commissioners who shall be in the unclassified service. The deputy commissioner for
program services shall be a clinically competent professional person experienced in one
or more fields of children's services and in the administration of such services, and shall
be responsible for the supervision of all clinical treatment and program services of the
department. The deputy commissioner of administrative services shall have experience
in business or institutional administration and shall be responsible for the organizational
and general administrative services of the department.
(b) The commissioner shall appoint, after consultation with the state advisory council, and may remove in a like manner, six regional administrators who shall be in the
unclassified service. Each regional administrator shall have skill and experience in the
field of children's services and in the administration of such services. Each regional
administrator shall be subject to the direction of the commissioner and shall be responsible for the operation and administration of services provided or funded by the department
in the regions created by the commissioner pursuant to subsection (a) of section 17a-30.
(c) The commissioner shall appoint, in accordance with chapter 67, after consultation with the state advisory council, and may remove in like manner, such directors
as he deems necessary, provided any director's title or duties may be changed as the
commissioner deems necessary after consultation with the state advisory council.
(d) The commissioner shall, in accordance with chapter 67 and after consultation
with the state advisory council, appoint the administrative heads of all of the institutions
and facilities transferred to the department and such other institutions and facilities
as now are or hereafter may be established by or transferred to the department. Such
administrative heads shall have skill and experience in the administration of children's
services and shall manage their institutions and facilities in accordance with the regulations and orders of the commissioner.
(1969, P.A. 664, S. 8; P.A. 75-400, S. 1, 2; 75-524, S. 6, 30; P.A. 79-104; P.A. 87-518, S. 2, 5; P.A. 93-216, S. 1; P.A.
95-339, S. 7, 8.)
History: P.A. 75-400 included two assistant superintendents; P.A. 75-524 specified council's advisory status, increased
number of deputy commissioners to two and specified their qualifications and duties, and replaced previous provisions re
appointments of division and institution heads with new Subsecs. (b) and (c); P.A. 79-104 amended Subsec. (b) to allow
change in director's duties or titles after consultation with council; P.A. 87-518 inserted new Subsec. (b), authorizing
appointment of six regional directors, and two assistant directors for each regional director, and relettered remaining
subsections accordingly; Sec. 17-417 transferred to Sec. 17a-9 in 1991; P.A. 93-216 amended Subsec. (a) to increase
number of deputy commissioners from two to three by separating support services as separate position, amended Subsec.
(b) to replace directors with administrators and to delete provisions re assistant regional directors and amended Subsec.
(c) to delete provisions requiring appointment of persons to fill specified directorships; P.A. 95-339 amended Subsec. (a)
to reduce the number of deputy commissioners from three to two and to delete language describing the experience required
for and the responsibilities of the eliminated position of deputy commissioner for support services, effective July 1, 1995.
Sec. 17a-10. (Formerly Sec. 17-418). Custody of committed children. Support
and health services. Extension or termination of commitment. (a) Any child committed to the department by the Superior Court shall be deemed to be within the custody
of the commissioner until such commitment has been terminated.
(b) The commissioner shall pay for the support and maintenance of any delinquent
child who is in residence in any of the department's institutions or facilities or in transit
from one institution or facility to another. The commissioner, in his sole discretion,
may, if he has sufficient funds, pay for the support and maintenance of any other child
or youth who is in his custody. If a child is in the custody of the commissioner and also
committed to the Commissioner of Social Services, the Commissioner of Social Services
shall pay for his support and maintenance when he is living elsewhere than in an institution or facility of the Department of Children and Families, unless there is other provision
for his support. Nothing in this section shall exempt any person from liability of support
of children or youth under the supervision of the commissioner, when otherwise provided by law.
(c) When deemed in the best interests of a child in the custody of the commissioner,
the commissioner, his designee, a superintendent or assistant superintendent or, when
the child is in transit between department facilities, a designee of the commissioner,
may authorize, on the advice of a physician licensed to practice in the state, medical
treatment, including surgery, to insure the continued good health or life of the child.
Any of said persons may, when he deems it in the best interests of the child, authorize,
on the advice of a dentist licensed to practice in the state, dentistry, including dental
surgery, to insure the continued good health of the child. Upon such authorization, the
commissioner shall exercise due diligence to inform the parents or guardian prior to
taking such action, and in all cases shall send notice to the parents or guardian by letter
to their last-known address informing them of the actions taken, of their necessity and
of the outcome, but in a case where the commissioner fails to notify, such failure will
not affect the validity of the authorization.
(d) If the Superior Court requests a report on any committed child, the commissioner
shall be responsible for preparing and transmitting such report to the requesting court.
Not more than sixty days nor less than thirty days prior to the expiration of the original
commitment of any child to the department, the commissioner may file a motion for an
extension of commitment pursuant to the provisions of section 46b-141. If the commissioner, or the board of review pursuant to the provisions of section 17a-15, at any time
during the commitment of any child, determines that termination of commitment of a
child is in the best interest of such child, the commissioner or the board may terminate
the commitment and such termination shall be effective without further action by the
court.
(1969, P.A. 664, S. 11; 1971, P.A. 295, S. 1; P.A. 75-420, S. 4, 6; P.A. 75-524, S. 7, 30; P.A. 76-436, S. 593, 681; P.A.
77-614, S. 521, 610; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87; P.A. 01-142, S. 10.)
History: 1971 act made previous provisions Subsecs. (a) and (d) and inserted new Subsecs. (b) and (c) re payments for
support and maintenance and re health supervision; P.A. 75-420 replaced welfare commissioner with commissioner of
social services; P.A. 75-524 specified payments in Subsec. (b) to pertain to "delinquent" child, allowed payments if funds
sufficient for other children "or youth" in commissioner's custody and specified that provisions do not exempt liable
persons from their responsibility; P.A. 76-436 replaced juvenile court with superior court, effective July 1, 1978; P.A. 77-
614 replaced commissioner of social services with commissioner of human resources, effective January 1, 1979; Sec. 17-
418 transferred to Sec. 17a-10 in 1991; P.A. 93-91 substituted commissioner and department of children and families for
commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution
of commissioner and department of social services for commissioner and department of human resources, effective July
1, 1993; P.A. 01-142 amended Subsec. (d) by changing "petition the court" to "file a motion".
See Sec. 18-87 re transfer of correctional institution inmate to custody of Department of Children and Families.
Annotation to former section 17-418:
Subsec. (a):
Cited. 171 C. 644, 651.
Annotations to present section:
Cited. 40 CA 366, 373.
Subsec. (d):
Time constraints are mandatory. 62 CA 681.
(a) The
commissioner may, in the commissioner's discretion, admit to the department on a
voluntary basis any child or youth who, in the commissioner's opinion, could benefit
from any of the services offered or administered by, or under contract with, or otherwise
available to, the department. Application for voluntary admission shall be made in writing by the parent or guardian of a child under fourteen years of age or by such person
himself or herself if he or she is a child fourteen years of age or older or a youth.
(b) A child or youth voluntarily admitted to the department shall be deemed to be
within the care of the commissioner until such admission is terminated. The commissioner shall terminate the admission of any child or youth voluntarily admitted to the
department within ten days after receipt of a written request for termination from a
parent or guardian of any child under fourteen years of age or from a child if such child
is fourteen years of age or older, or youth, unless prior to the expiration of that time the
commissioner has sought and received from the Superior Court an order of temporary
custody as provided by law. The commissioner may terminate the admission of any
child or youth voluntarily admitted to the department after giving reasonable notice in
writing to the parent or guardian of any child under fourteen years of age and to a child
fourteen years of age or older, and to any youth. Any child or youth admitted voluntarily
to the department may be placed in, or transferred to, any resource, facility or institution
within the department or available to the commissioner except the Connecticut Juvenile
Training School, provided the commissioner shall give written notice to such child or
youth and to the parent or guardian of the child of the commissioner's intention to make
a transfer at least ten days prior to any actual transfer, unless written notice is waived
by those entitled to receive it, or unless an emergency commitment of such child or
youth is made pursuant to section 17a-502.
(c) Not more than one hundred twenty days after admitting a child or youth on a
voluntary basis, the department shall petition the probate court for the district in which
a parent or guardian of the child or youth resides for a determination as to whether
continuation in care is in the child's or youth's best interest and, if so, whether there is
an appropriate permanency plan. Upon receipt of such application, the court shall set a
time and place for hearing to be held within thirty days of receipt of the application,
unless continued by the court for cause shown. The court shall order notice of the hearing
to be given by regular mail at least five days prior to the hearing to the Commissioner
of Children and Families, and by certified mail, return receipt requested, at least five
days prior to the hearing to the parents or guardian of the child and the minor, if over
twelve years of age. If the whereabouts of the parent or guardian are unknown, or if
delivery cannot reasonably be effected, then notice shall be ordered to be given by
publication. In making its determination, the court shall consider the items specified in
subsection (d) of this section. The court shall possess continuing jurisdiction in proceedings under this section.
(d) (1) Ten months after admitting a child or youth on a voluntary basis and annually
thereafter if the child or youth remains in the custody of the commissioner, the commissioner shall file a motion for review of a permanency plan. A hearing on such motion
shall be held not later than thirty days after the filing of such motion. The court shall
provide notice to the child or youth and such child's or youth's parent or guardian of
the time and place of the hearing on such motion not less than ten days prior to the date
of such hearing.
(2) At a permanency hearing held in accordance with the provisions of subdivision
(1) of this subsection, the court shall approve a permanency plan that is in the best
interests of the child or youth and takes into consideration the child's or youth's need
for permanency. The health and safety of the child or youth shall be of paramount
concern in formulating such plan. At such hearing, the court shall consider among other
things: (A) The appropriateness of the department's plan for service to the child or youth
and his or her family; (B) the treatment and support services that have been offered and
provided to the child or youth to strengthen and reunite the family; (C) if return home
is not likely for the child or youth, the efforts that have been made or should be made
to evaluate and plan for other modes of care; and (D) any further efforts which have
been or will be made to promote the best interests of the child or youth.
(3) The permanency plan pursuant to subdivision (2) of this subsection may include
the goal of (A) placement of the child or youth with the parent or guardian, (B) transfer
of guardianship, (C) long-term foster care with a relative licensed as a foster parent or
certified as a relative caregiver, (D) termination of parental rights and adoption, or (E)
such other planned permanent living arrangement ordered by the court provided the
commissioner has documented a compelling reason why it would not be in the best
interest of the child or youth for the permanency plan to include the goals in subparagraphs (A) to (D), inclusive, of this subdivision. Such other planned permanent living
arrangement may include, but not be limited to, placement of a child or youth in an
independent living program or long-term foster care with an identified foster parent.
(4) At a permanency hearing, the court shall review the status of the child, the
progress being made to implement the permanency plan, determine a timetable for attaining the permanency prescribed by the plan and determine whether the commissioner
has made reasonable efforts to achieve the permanency plan. At the conclusion of the
hearing, the court may: (A) Direct that the services being provided, or the placement of
the child or youth and reunification efforts, be continued if the court, after hearing,
determines that continuation of the child or youth in services or placement is in the child
or youth's best interests, or (B) direct that the child or youth's services or placement be
modified to reflect the child or youth's best interest.
(e) The commissioner shall adopt regulations in accordance with chapter 54 describing the documentation required for voluntary admission and for informal administrative
case review, upon request, of any denial of an application for voluntary admission.
(f) Any person aggrieved by a decision of the commissioner denying voluntary
services may appeal such decision through an administrative hearing held pursuant to
chapter 54.
(g) Notwithstanding any provision of sections 17a-1 to 17a-26, inclusive, and 17a-
28 to 17a-49, inclusive, to the contrary, any person already under the care and supervision
of the Commissioner of Children and Families who has passed such person's eighteenth
birthday but has not yet reached such person's twenty-first birthday, may be permitted
to remain voluntarily under the supervision of the commissioner, provided said commissioner, in said commissioner's discretion, determines that such person would benefit
from further care and support from the Department of Children and Families.
(h) Upon motion of any interested party in a Probate Court proceeding under this
section, the probate court of record may transfer the file for cause shown to a probate
court for a district other than the district in which the initial or dispositional hearing was
held. The file shall be transferred by the probate court of record making copies of all
recorded documents in the court file, certifying each of them, and delivering the certified
copies to the probate court to which the matter is transferred.
(1969, P.A. 664, S. 12; 1971, P.A. 265; P.A. 73-69, S. 1, 2; P.A. 75-524, S. 8, 30; P.A. 77-604, S. 13, 84; P.A. 78-238;
78-280, S. 29, 127; P.A. 93-91, S. 1, 2; P.A. 97-272, S. 5; P.A. 98-52, S. 9; P.A. 99-26, S. 18, 39; P.A. 00-76, S. 3; May
9 Sp. Sess. P.A. 02-7, S. 37.)
History: 1971 act specified admission in residential facilities, provided that community services may be offered to
those not committed or voluntarily admitted and allowed person fourteen or older to apply himself, deleting reference to
his "consent in writing"; P.A. 73-69 included admission to facilities "under contract with, or otherwise available to"
department; P.A. 75-524 divided section into subsections, deleted provision re community services, clarified who is to
make application, deleted provision re two-year limit and extension of admission, clarified termination procedure for those
voluntarily admitted, added proviso re notice of intent to transfer voluntarily admitted child or youth and added Subsec.
(c); P.A. 77-604 made technical correction; P.A. 78-238 added Subsec. (d); P.A. 78-280 replaced juvenile court with
superior court in Subsec. (b); Sec. 17-419 transferred to Sec. 17a-11 in 1991; P.A. 93-91 substituted commissioner and
department of children and families for commissioner and department of children and youth services, effective July 1,
1993 (Revisor's note: The words "the department of" in the phrase "commissioner of the department of children and youth
services" were deleted editorially by the Revisors to conform with customary statutory usage and the reference in Subsec.
(d) to Sec. 17a-51 was deleted editorially by the Revisors to reflect the repeal of that section by P.A. 93-216, S. 8); P.A.
97-272 inserted new Subsecs. (c) re petition to Probate Court for determination if care is in child's best interest, (d) re
dispositional hearing on status of child and (f) re appeal, made technical changes and relettered the section accordingly;
P.A. 98-52 amended Subsec. (c) adding "for the district in which a parent or guardian of the child or youth resides", and
providing that notice to Commissioner of Children and Families be by regular mail and by certified mail, return receipt
requested, to parents or guardian, amended Subsec. (d) adding "for the district in which a parent or guardian of child or
youth resides" and added Subsec. (h) re transfer of file for cause shown to other probate court; P.A. 99-26 amended Subsec.
(b) to replace "Long Lane School" with "the Connecticut Juvenile Training School", effective upon the filing with the
Governor and the General Assembly of written certification by the Commissioner of Children and Families that the new
Connecticut Juvenile Training School is operational (Revisor's note: Said written certification was filed with the Senate
and House Clerks on September 20, 2001, and with the Governor on September 21, 2001); P.A. 00-76 moved provision
re continuing jurisdiction of the court and requiring dispositional hearing at least every twelve months from Subsec. (d)
to Subsec. (c), and in Subsec. (d) deleted "for the district in which a parent or guardian of the child or youth resides" re
where the commissioner files motion requesting dispositional hearing in Probate Court; May 9 Sp. Sess. P.A. 02-7 amended
Subsec. (a) to make technical changes for purposes of gender neutrality, amended Subsec. (b) to make technical changes,
amended Subsec. (c) to replace "case service plan" with "permanency plan", delete provision that the court "shall conduct
a further dispositional hearing whenever it deems necessary or desirable, but at least every twelve months" and make a
technical change, amended Subsec. (d) to replace existing provisions re dispositional hearing and order of disposition with
Subdiv. (1) re filing of and hearing on a motion for review of permanency plan, Subdiv. (2) re factors considered by the
court at permanency hearing and criteria for permanency plan, Subdiv. (3) re goals of permanency plan and Subdiv. (4)
re responsibilities of the court at permanency hearing and options of the court with respect to continuation or modification
of the child's or youth's services or placement and amended Subsec. (g) to make technical changes for purposes of gender
neutrality, effective August 15, 2002.
(a) When the commissioner, or the commissioner's designee, determines that a change of program is in the best interest of any
child or youth committed or transferred to the department, the commissioner or the
commissioner's designee, may transfer such person to any appropriate resource or program administered by or available to the department, to any other state department or
agency, or to any private agency or organization within or without the state under contract with the department; provided no child or youth voluntarily admitted to the department under section 17a-11 shall be placed or subsequently transferred to the Connecticut
Juvenile Training School; and further provided no transfer shall be made to any institution, hospital or facility under the jurisdiction of the Department of Correction, except
as authorized by section 18-87, unless it is so ordered by the Superior Court after a
hearing. When, in the opinion of the commissioner, or the commissioner's designee, a
person fourteen years of age or older is dangerous to himself or herself or others or
cannot be safely held at the Connecticut Juvenile Training School, or any other facility
within the state available to the Commissioner of Children and Families, the commissioner, or the commissioner's designee, may request an immediate hearing before the
Superior Court on the docket for juvenile matters where such person was originally
committed to determine whether such person shall be transferred to the John R. Manson
Youth Institution, Cheshire, if a male, or the Connecticut Correctional Institution, Niantic, if a female. The court shall, within three days of the hearing, make such determination. If the court orders such transfer, the transfer shall be reviewed by the court every
six months thereafter to determine whether it should be continued or terminated, unless
the commissioner has already exercised the powers granted to the commissioner under
section 17a-13 by removing such person from the John R. Manson Youth Institution,
Cheshire or the Connecticut Correctional Institution, Niantic.
(b) Unless ordered by the Superior Court at the time of commitment, no child or
youth committed to the commissioner shall be placed in or transferred to a state-operated
residential mental health facility under the jurisdiction of the commissioner without a
hearing before the commissioner or the commissioner's designee. Such hearing shall
be conducted in accordance with the provisions of chapter 54.
(c) Notwithstanding the provisions of subsection (b) of this section, (1) any delinquent child may be placed at any time in the Connecticut Juvenile Training School, and
(2) the commissioner may transfer any child or youth committed to the commissioner
to any institution, hospital or facility for mentally ill children under the commissioner's
jurisdiction for a period not to exceed fifteen days if the need for such emergency treatment is certified by a psychiatrist licensed to practice medicine by the state.
(1969, P.A. 664, S. 14; 1971, P.A. 13, S. 1; 1972, P.A. 111, S. 1; P.A. 73-552; P.A. 75-228; 75-524, S. 9, 30; 75-567,
S. 79, 80; P.A. 76-436, S. 594, 681; P.A. 78-300, S. 1; P.A. 86-186, S. 8; P.A. 93-91, S. 1, 2; 93-216, S. 2; P.A. 99-26, S.
19, 39.)
History: 1971 act added provisions re transfers from Connecticut School for Boys to Cheshire correctional institution
of males fifteen or older deemed dangerous to self or others; 1972 act allowed commissioner's designee to act under
section; P.A. 73-552 included transfers of females deemed dangerous to self or others and reduced age minimum for
transferees to fourteen; P.A. 75-228 added reference to facilities other than Connecticut School for Boys and Long Lane
School; P.A. 75-524 replaced "person" with "child or youth", deleted references to transfers to facilities under department of
mental health in previous provisions and added Subsec. (b) regulating such transfers; P.A. 75-567 allowed commissioner's
designee to act under section provisions; P.A. 76-436 replaced "court of appropriate jurisdiction" with "superior court"
and "juvenile court" with "superior court on the docket for juvenile matters", effective July 1, 1979; P.A. 78-300 made
technical correction; P.A. 86-186 changed the name of the Connecticut Correctional Institution, Cheshire to the John R.
Manson Youth Institution, Cheshire; Sec. 17-420 transferred to Sec. 17a-12 in 1991; P.A. 93-91 substituted commissioner
and department of children and families for commissioner and department of children and youth services, effective July
1, 1993 (Revisor's note: The words "the department of" in the phrase "commissioner of the department of children and
youth services" were deleted editorially by the Revisors to conform with customary statutory usage); P.A. 93-216 deleted
references to the Connecticut School for Boys throughout section; P.A. 99-26 replaced references to "Long Lane School"
with "the Connecticut Juvenile Training School" where appearing and made technical changes for purposes of gender
neutrality, effective upon the filing with the Governor and the General Assembly of written certification by the Commissioner of Children and Families that the new Connecticut Juvenile Training School is operational (Revisor's note: Said
written certification was filed with the Senate and House Clerks on September 20, 2001, and with the Governor on September
21, 2001).
Annotation to former section 17-420:
Cited. 171 C. 644, 651.
Annotations to present section:
Subsec. (a):
Statute as applied resulted in denial of procedural due process where court failed to determine competency prior to
ordering transfer of mentally disabled youth from Department of Children and Families facility to a correctional institution.
For purposes of future transfer proceedings, court must first consider child's competency and then determine if transfer is
in child's best interest, including considering evidence of alternatives to incarceration. 68 CA 427.
Subsec. (c):
Subdiv. (1) cited. 43 CA 613.
Sec. 17a-13. (Formerly Sec. 17-420a). Jurisdiction over person transferred to
correctional facility at Cheshire or Niantic. Any person committed to the Department
of Children and Families who is transferred to the John R. Manson Youth Institution,
Cheshire, or the Connecticut Correctional Institution, Niantic, pursuant to section 17a-
12 shall be deemed, while so transferred, to be under the jurisdiction of the Department
of Correction except that the Commissioner of Children and Families shall retain his
powers to remove such person and to place him in another facility or in the community
or to terminate the commitment.
(1971, P.A. 13, S. 2; P.A. 78-300, S. 2; P.A. 86-186, S. 9; P.A. 93-91, S. 1, 2.)
History: P.A. 78-300 added reference to transfers to Niantic Correctional Institution; P.A. 86-186 changed the name
of the Connecticut Correctional Institution, Cheshire to the John R. Manson Youth Institution, Cheshire; Sec. 17-420a
transferred to Sec. 17a-13 in 1991; P.A. 93-91 substituted commissioner and department of children and families for
commissioner and department of children and youth services, effective July 1, 1993; (Revisor's note: In 1997 the phrase
"Commissioner of the Department of Children and Families" was replaced editorially by the Revisors with "Commissioner
of Children and Families" for consistency with customary statutory usage).
Each child or youth in the custody of the Commissioner of Children and Families
due to behavioral problems, and served by an approved residential treatment facility
with special education programs, may continue in such facility beyond eighteen years of
age until his program is completed. The Commissioner of Mental Health and Addiction
Services shall be responsible for the payment of board and care costs for any child or
youth who remains in an approved residential treatment facility with special education
programs beyond eighteen years of age pursuant to this section provided such child or
youth meets the eligibility requirements established by the commissioner.
(P.A. 85-389; P.A. 93-91, S. 1, 2; P.A. 95-257, S. 11, 58; P.A. 98-250, S. 11, 39.)
History: Sec. 17-420b transferred to Sec. 17a-14 in 1991; P.A. 93-91 substituted commissioner and department of
children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-
257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health
and Addiction Services, effective July 1, 1995; P.A. 98-250 added proviso that each child or youth meet commissioner-
established eligibility requirements, effective July 1, 1998.
(a) The commissioner shall prepare and maintain a written plan for care,
treatment and permanent placement of every child and youth under the commissioner's
supervision, which shall include but not be limited to a diagnosis of the problems of
each child or youth, the proposed plan of treatment services and temporary placement
and a goal for permanent placement of the child or youth, which may include reunification with the parent, long-term foster care, independent living, transfer of guardianship
or adoption. The child's or youth's health and safety shall be the paramount concern in
formulating the plan.
(b) The commissioner shall at least every six months, review the plan of each child
and youth under the commissioner's supervision for the purpose of determining whether
such plan is appropriate and make any appropriate modifications to such plan.
(c) Any child or youth or the parent or guardian of such child or youth aggrieved
by any provision of a plan prepared under subsection (a) of this section, or by the commissioner's decision upon review under subsection (b) of this section, or any child or youth
or the parent or guardian of such child or youth aggrieved by a refusal of any other
service from the commissioner to which he is entitled, shall be provided a hearing within
thirty days following a written request for the same directed to the commissioner.
(d) Upon motion of any sibling of any child committed to the Department of Children and Families pursuant to section 46b-129, in any pending hearing held pursuant
to subsection (c) of this section, such sibling shall have the right to be heard concerning
visitation with, and placement of, any such child.
(e) Any hearing held pursuant to a request made under subsection (c) or (d) of this
section shall be conducted as a contested case in accordance with chapter 54 provided:
(1) A final decision shall be rendered within fifteen days following the close of evidence
and filing of briefs; and (2) any appeal of a decision pursuant to section 4-183 shall be
to the district of the superior court for juvenile matters, where the child is located, as
established in section 46b-142.
(1969, P.A. 664, S. 15; 1971, P.A. 818, S. 6; 1972, P.A. 110, S. 1; P.A. 75-524, S. 10, 30; P.A. 79-567, S. 5, 7; P.A.
80-401, S. 4; P.A. 98-241, S. 2, 18; P.A. 01-149, S. 2.)
History: 1971 act replaced "council", i.e. council on children and youth services, with "commissioner", i.e. commissioner of children and youth services, reflecting council's switch to advisory status; 1972 act extended review power
in Subsec. (a) to commissioner's designee; P.A. 75-524 replaced previous provisions concerning review procedure for
placements with new provisions re individual plans for care and treatment of each child or youth and review procedure
for plans; P.A. 79-567 replaced hearing provisions in Subsec. (d) with restated provisions; P.A. 80-401 changed effective
date of 1979 change from July 1, 1980, to July 1, 1981; Sec. 17-421 transferred to Sec. 17a-15 in 1991; P.A. 98-241
amended Subsec. (a) by adding requirement of written plan for permanent placement and adding provision re goal of
permanent placement and amended Subsec. (b) re appropriate modifications to plan, effective July 1, 1998; P.A. 01-149
made technical changes for purposes of gender neutrality in Subsecs. (a), (b), and (c), added Subsec. (d) re right of sibling
to be heard at any pending hearing concerning visitation with or placement of child committed to commissioner and
designated former Subsec. (d) as Subsec. (e), adding "or (d)" therein.
Trial court's dismissal of plaintiff's administrative appeal as moot upheld where filing of termination petitions by Dept.
of Children and Families eliminated the possibility that plaintiff could obtain the relief sought in an administrative hearing
requested under this section. 49 CA 706.
Subsec. (a):
Treatment plan is limited to preparation of a written plan for care and treatment of every child and youth under the
Commissioner of Children and Families' supervision. 49 CA 706.
Subsec. (c):
Hearing must necessarily be limited to the plan required by Subsec. (a) for the care and treatment of children and youth
under supervision of the Dept. of Children and Families and is heard by an administrative hearing officer in the department.
49 CA 706.
Sec. 17a-16. (Formerly Sec. 17-440). Rights of children and youths under the
supervision of the Commissioner of Children and Families. (a) No child or youth
placed or treated under the direction of the Commissioner of Children and Families in
any public or private facility shall be deprived of any personal, property or civil rights,
except in accordance with due process of law.
(b) Each child or youth placed or treated under the direction of the Commissioner
of Children and Families in any public or private facility shall receive humane and
dignified treatment at all times, with full respect for his personal dignity and right to
privacy, consistent with his treatment plan as determined by the commissioner.
(c) (1) Each child and youth shall be permitted to communicate with any individual,
group or agency, consistent with his treatment objectives as determined by the Commissioner of Children and Families.
(2) Each public or private facility under the direction of the Commissioner of Children and Families shall furnish writing materials and postage to any child or youth
desiring them.
(3) A child or youth shall be permitted to make or receive telephone calls to or
from his attorneys at any reasonable time. Public telephones shall be made available in
appropriate locations.
(d) (1) The Commissioner of Children and Families shall adopt regulations, in accordance with chapter 54, with respect to each facility or institution under his jurisdiction, to specify the following: (A) When a child or youth may be placed in restraint or
seclusion or when force may be used upon a child or youth; (B) when the head of a
facility may limit the use or receipt of mail by any child or youth and a procedure for
return of unopened mail; and (C) when the head of a facility may restrict the use of a
telephone by any child or youth.
(2) A copy of any order placing a child or youth in restraint or seclusion in accordance with the regulations adopted in subdivision (1) of this subsection shall be made a
part of the child's or youth's permanent clinical record. Any special restriction on the
use or receipt of mail or telephone calls made in accordance with the regulations adopted
in subdivision (1) of this subsection, shall be noted in writing, signed by the head of the
facility, and made a part of the child's or youth's permanent clinical record.
(e) (1) Each child or youth shall be permitted to receive visitors subject to reasonable restrictions consistent with the child's or youth's treatment objectives. The head
of each facility shall establish visiting hours and inform all children and youth and their
families and other visitors of these hours. Any special restriction shall be noted in writing,
signed by the head of the facility, and made a part of the child's or youth's permanent
clinical record.
(2) Each child or youth may receive his clergyman and attorney at any reasonable time.
(f) No person shall be denied employment, housing, civil service rank, any license
or permit, including a professional license, or any other civil or legal right, solely because
of a present or past placement with the Commissioner of Children and Families except
as otherwise provided by statute.
(g) Each child or youth under the supervision of the Commissioner of Children and
Families shall have the right to counsel of his own choosing, and the right to receive
visits from physicians and mental health professionals as may be arranged by his counsel.
(h) Each child or youth shall have a right to a hearing pursuant to procedures adopted
by the commissioner, in accordance with sections 4-176e to 4-181a, inclusive, before
he is involuntarily transferred by the Commissioner of Children and Families to any
facility outside the state of Connecticut.
(i) Any child or youth aggrieved by a violation of subsections (a) to (h), inclusive,
of this section, may petition the superior court for the venue district provided in section
46b-142 within which the child or youth is or resides for appropriate relief, including
temporary and permanent injunctive relief. Such petition shall be treated as a juvenile
matter.
(P.A. 75-538, S. 1—9; P.A. 78-280, S. 31, 127; P.A. 88-317, S. 76, 107; P.A. 93-91, S. 1, 2.)
History: P.A. 78-280 replaced juvenile court with superior court, specified "venue" districts and required that petition
be treated as juvenile matter in Subsec. (i); P.A. 88-317 amended reference to Secs. 4-177 to 4-181 in Subsec. (h) to include
new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after
that date; Sec. 17-440 transferred to Sec. 17a-16 in 1991; P.A. 93-91 substituted commissioner and department of children
and families for commissioner and department of children and youth services, effective July 1, 1993.
Sec. 17a-17. (Formerly Sec. 17-421a). Direct payment for goods and services.
Single cost accounting system for payment of room and board and education expenses. (a) The Commissioner of Children and Families may, after consultation with
the Commissioner of Administrative Services, establish by regulation a payment system,
which shall be adopted in accordance with chapter 54, for the direct payment of the
reasonable expense of goods or services determined by said commissioner to be necessary for the care and maintenance of any child in his custody, or under his guardianship,
whether or not the child has income or estate. Ninety per cent of a clean claim for
payments shall be made no later than thirty days from receipt of the request for payment
and ninety-nine per cent shall be made within ninety days of such receipt. Upon request
of the Commissioner of Children and Families, the Comptroller shall draw his order on
the Treasurer, from time to time, for such part of the appropriation for care of such
children as may be needed in order to enable the commissioner to make such payments.
The Department of Administrative Services may bill to and collect from the person in
charge of the estate of any child in the custody of the Commissioner of Children and
Families or under said commissioner's guardianship, including his descendants' estate,
or the payee of such child's income, the total amount expended for care of such child
or such portion thereof as any such estate or payee is able to reimburse. For the purposes
of this section "clean claim" means a claim which can be processed without obtaining
additional substantiation from the applicant for payment or other person entitled to
receive payment. A claim submitted by an applicant who is under investigation for fraud
or abuse shall not be considered a clean claim.
(b) The Commissioner of Children and Families and the Commissioner of Education shall jointly develop a single cost accounting system, on forms developed jointly
by the Department of Children and Families and the Department of Education, which
may be the basis for the payment of reasonable expenses for room and board and education by purchase of service agreement to private residential treatment centers licensed
pursuant to section 17a-145. The Commissioner of Children and Families, after consultation with the Commissioner of Education, shall adopt regulations in accordance with
the provisions of chapter 54 to administer the system which may provide for the combining of procedures within the Department of Children and Families and the Department
of Education for administering the system including the holding of joint hearings and
reviews. Annually, on or before a date established by the Commissioner of Children
and Families, each residential treatment center shall submit to the Department of Children and Families, on forms provided by said department and the Department of Education, the audited costs of its approved programs for the preceding year as certified by a
certified public accounting firm. On and after July 1, 1983, no additional services shall
be included in the calculation of such reasonable expenses unless such services are
approved by the Commissioner of Children and Families or the Commissioner of Education.
(c) During the two-year period commencing July 1, 1985, the Commissioner of
Children and Families and the Commissioner of Education shall implement the cost
accounting system developed pursuant to subsection (b) of this section. On and after
July 1, 1987, said system shall be the basis for the payment of reasonable expenses for
room and board and education, by purchase of service agreement, to private residential
treatment centers, provided said system shall not be applicable to any treatment center
which does not submit the audited costs of its approved programs for the preceding year
in accordance with the provisions of said subsection (b).
(d) Any cost-of-living adjustment provided in section 4 of public act 98-250* shall
be applicable only to the room and board rate and shall not be applicable to the education rate.
(P.A. 75-246; P.A. 77-614, S. 70, 71, 610; P.A. 79-565, S. 2; P.A. 83-471, S. 1, 3; P.A. 84-409, S. 1, 3; P.A. 90-119,
S. 2; P.A. 93-91, S. 1, 2; P.A. 94-245, S. 8, 46; P.A. 98-250, S. 29, 39.)
*Note: Section 4 of public act 98-250 is special in nature and therefore has not been codified but remains in full force
and effect according to its terms.
History: P.A. 77-614 replaced commissioner of finance and control and central collection division of finance and control
department with commissioner and department of administrative services; P.A. 79-565 added provisions re "clean claim"
payments; P.A. 83-471 added Subsec. (b) re single cost accounting system for room and board and education expenses;
P.A. 84-409 added new Subsec. (c) re implementation of the cost accounting system and use of the system as the basis for
the payment of reasonable expenses for room, board and education; P.A. 90-119 authorized the department of administrative
services to bill to and collect from the estate of any child in the custody of the commissioner of children and youth services;
Sec. 17-421a transferred to Sec. 17a-17 in 1991; P.A. 93-91 substituted commissioner and department of children and
families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 94-245 amended
Subsec. (b) to allow the regulations to provide for the combining of procedures within the department of children and
families and the department of education for administering the system including the holding of joint hearings and reviews,
effective June 2, 1994; P.A. 98-250 added Subsec. (d) re cost-of-living adjustment applicability, effective July 1, 1998.
The Commissioner of Children and Families may accept and receive on behalf of the department or
any institution or facility thereof, or on behalf of the Children's Trust Fund or the Parent
Trust Fund established pursuant to section 17a-50, subject to section 4b-22, any bequest,
devise or grant made to the department or to any institution or facility thereof, or to such
Children's Trust Fund or Parent Trust Fund, and may hold and use such property for
the purpose specified in such bequest, devise or gift.
(1969, P.A. 664, S. 16; June Sp. Sess. P.A. 83-20, S. 1, 4; P.A. 85-582, S. 3, 8; P.A. 89-336, S. 1, 6; P.A. 93-91, S. 1,
2; June Sp. Sess. P.A. 01-2, S. 40, 69; June Sp. Sess. P.A. 01-9, S. 129, 131.)
History: June Sp. Sess. P.A. 83-20 added references to the children's trust fund; P.A. 85-582 removed authority to
accept gifts on behalf of the children's trust fund; P.A. 89-336 added new language re the children's trust fund; Sec. 17-
422 transferred to Sec. 17a-18 in 1991; P.A. 93-91 substituted commissioner and department of children and families for
commissioner and department of children and youth services, effective July 1, 1993; June Sp. Sess. P.A. 01-2 added
references to the Parent Trust Fund; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without
affecting this section.
The Commissioner of Children and Families or his designee, shall administer the parent-child resource system.
(P.A. 76-285, S. 1, 3; P.A. 93-91, S. 1, 2.)
History: Sec. 17-422a transferred to Sec. 17a-19 in 1991; P.A. 93-91 substituted commissioner and department of
children and families for commissioner and department of children and youth services, effective July 1, 1993.
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