Drawing of State Library BuildingConnecticut State Library Home

Connecticut Public Acts 1996

Previous Page TOC Next Page Public Acts Listings


Substitute House Bill No. 5284

PUBLIC ACT NO. 96-194

AN ACT CONCERNING TECHNICAL AND MINOR CHANGES TO THE STATUTES OF THE DEPARTMENT OF CHILDREN AND FAMILIES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 17a-49 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Children and Families shall, upon application of any public or private organization or agency, make grants, within available appropriations, to develop and maintain programs for the treatment and prevention of child abuse and neglect, including, but not limited to, child protection teams and parent aid programs. [No grant shall provide for more than seventy-five per cent of the total cost of any program. In determining cost, the value of volunteer hours donated and other in-kind contributions shall be included.]

(b) The Commissioner of Children and Families shall, upon application of any public or private organization or agency, make grants, within available appropriations, to develop and maintain programs for juvenile criminal diversion.

Sec. 2. Section 17a-98 of the general statutes is repealed and the following is substituted in lieu thereof:

The Commissioner of Children and Families, or any agent appointed by him, shall exercise careful supervision of each child under his guardianship or care and shall maintain such contact with the child and his foster [parents] FAMILY as is necessary to promote the child's safety and his physical, educational, moral and emotional development. [He] THE COMMISSIONER shall maintain such records and accounts as may be necessary for the proper supervision of all children under his guardianship or care.

Sec. 3. Section 17a-100 of the general statutes is repealed and the following is substituted in lieu thereof:

Whenever it is found that any child is not properly treated in any [such family home] FOSTER FAMILY or that any such [home] FOSTER FAMILY is not a suitable one and is of such character as to jeopardize the welfare of any child so placed therein, the Commissioner of Children and Families, upon being satisfied of the ill treatment of the child or the unsuitableness of the [home] FOSTER FAMILY, shall remove the child from such [home] FOSTER FAMILY and take such further action as is necessary to secure the welfare of the child.

Sec. 4. Section 17a-106 of the general statutes is repealed and the following is substituted in lieu thereof:

All law enforcement officials, courts of competent jurisdiction, school personnel, and all appropriate state agencies providing human services in relation to preventing, identifying and [treating] INVESTIGATING child abuse and neglect shall cooperate toward the prevention, identification and [treatment] INVESTIGATION of child abuse and neglect.

Sec. 5. Section 17a-109 of the general statutes is repealed and the following is substituted in lieu thereof:

When, because of the mental or physical condition of any child committed to the Commissioner of Children and Families under the provisions of section 46b-129, AS AMENDED or because of a behavior problem, such child cannot be satisfactorily cared for in a foster home, said commissioner may bring a petition to the court which committed such child for the commitment of such child to a suitable child-caring [institution] FACILITY, and, upon being satisfied that such commitment is in the best interest of such child, such court shall commit such child to such an institution.

Sec. 6. Section 17a-114a of the general statutes is repealed and the following is substituted in lieu thereof:

A person licensed OR CERTIFIED pursuant to section 17a-114 shall be liable for any act or omission resulting in personal injury to a child placed in his care by the Commissioner of Children and Families to the same extent as a biological parent is liable for any act or omission resulting in personal injury to a biological child in his care.

Sec. 7. Section 17a-115 of the general statutes is repealed and the following is substituted in lieu thereof:

Notwithstanding any provision of the general statutes to the contrary, prior to the issuance of a license OR CERTIFICATION to any person for the care or board of a child under the provisions of section 17a-145 AS AMENDED BY SECTION 8 OF THIS ACT or for the care of a child under the provisions of section 17a-114, the commissioner may obtain all arrest records of any such person or persons pertaining to any arrest for a felony against a person, for injury or risk of injury to or impairing the morals of a child, or for possession, use or sale of any controlled substance.

Sec. 8. Section 17a-145 of the general statutes is repealed and the following is substituted in lieu thereof:

[No orphan asylum, children's home or similar institution, and no person or group of persons, whether incorporated for the purpose or not or any residential educational institution not exempted by the State Board of Education under the provisions of section 17a-152 shall care for or board a child without a license obtained from the Commissioner of Children and Families, except when such child has been placed with such institution, group or person by an agency holding a license from said commissioner and except for facilities providing child day care services as defined in section 19a-77.] NO PERSON OR ENTITY SHALL CARE FOR OR BOARD A CHILD WITHOUT A LICENSE OBTAINED FROM THE COMMISSIONER OF CHILDREN AND FAMILIES, EXCEPT: (1) WHEN A CHILD HAS BEEN PLACED BY A PERSON OR ENTITY HOLDING A LICENSE FROM THE COMMISSIONER; (2) ANY RESIDENTIAL EDUCATIONAL INSTITUTION EXEMPTED BY THE STATE BOARD OF EDUCATION UNDER THE PROVISIONS OF SECTION 17a-152, AS AMENDED BY SECTION 12 OF THIS ACT; OR (3) FACILITIES PROVIDING CHILD DAY CARE SERVICES AS DEFINED IN SECTION 19a-77, AS AMENDED. The [manager or managers of each such institution and each such person or group of persons] PERSON OR ENTITY SEEKING A CHILD CARE FACILITY LICENSE shall file with [said] THE commissioner an application for a license, in such form as [he] THE COMMISSIONER furnishes, stating the location where it is proposed to care for such child, the number of children [whom it is planned to accommodate at that time and] TO BE CARED FOR, in the case of [an institution] A CORPORATION, the purpose of the [institution] CORPORATION and the names of its chief officers and of the actual [superintendent in charge of the children therein] PERSON RESPONSIBLE FOR THE CHILD. The Commissioner of Children and Families is authorized to fix the maximum number of children to be boarded and cared for in any such home or institution or by any [such person or group of persons] PERSON OR ENTITY licensed by [him] THE COMMISSIONER. Each [orphan asylum, children's home or similar institution, and each person or group of persons,] PERSON OR ENTITY holding a license under the provisions of this section, shall file annually, with the commissioner [who issued the license,] a report stating the number of children received and removed during the year, the number of deaths and the causes of death, the average cost of support per capita and such other data as he may prescribe.

Sec. 9. Section 17a-149 of the general statutes is repealed and the following is substituted in lieu thereof:

No person [, agency, association, corporation, institution, society or other organization,] OR ENTITY except a parent, an adult relative as specified by section 17b-75 or guardian of any child shall place [out in any free, working or adoption home or board out any child either on a temporary or permanent basis] A CHILD without a license obtained from the Commissioner of Children and Families [, provided a person, agency, association, corporation, institution, society or other organization may place a child or children in a temporary home not receiving compensation from the state for a period not exceeding twenty-one days. For the purposes of this section and section 17a-150, placement on a "temporary basis" means a placement of a child for a period not exceeding forty-two days.] Application for [such] a CHILD PLACING license shall be in a form furnished by the commissioner, and shall state the location of the principal place of business of the applicant, its organization or corporate name, its purposes and the name, title and degree of professional training of each of its staff members engaged in carrying out its stated purposes. Any such applicant shall consent to such inspection, review and supervision of all acts in relation to child placing as are reasonably necessary to enable the commissioner to perform his duties under section 17a-151 AS AMENDED BY SECTION 11 OF THIS ACT. The provisions of this section with regard to the commissioner's authority to inspect, review and supervise all acts in relation to child placing under section 17a-151 AS AMENDED BY SECTION 11 OF THIS ACT shall be limited to inspection, review and supervision of the applicant under this section and shall not include inspection, review or supervision of the homes in which a child is placed [on a temporary basis.]

Sec. 10. Section 17a-150 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Children and Families shall adopt regulations in accordance with chapter 54 setting forth [: (1) Standards] STANDARDS for licensing of [agencies, corporations, institutions, societies and associations and other organizations] PERSONS OR ENTITIES which place children [on a temporary basis as defined in section 17a-149; (2) standards for the licensing of agencies, associations, corporations, institutions, societies and other organizations which place children on a permanent basis.] The regulations shall require a [licensee] PERSON OR ENTITY licensed on or after March 9, 1984, to have a minimum of two staff persons who are qualified by a combination of education and work experience, and be a nonprofit organization qualified as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.

(b) Said commissioner shall adopt regulations prescribing THE minimum standards for [: (1) Homes in which children may be placed on a temporary basis and (2)] homes in which children may be placed. [on a permanent basis.]

[(c) The host home family of any person, agency, association, corporation, institution, society or other organization providing a temporary home for children for a period not exceeding twenty-one days and not receiving compensation from the state shall be exempt from the provisions of this section.]

Sec. 11. Section 17a-151 of the general statutes, as amended by section 1 of public act 95-349, is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Children and Families shall investigate the conditions stated in each application made to him under the provisions of section 17a-145 AS AMENDED BY SECTION 8 OF THIS ACT and the commissioner shall investigate the conditions in each application under the provisions of section 17a-149 AS AMENDED BY SECTION 9 OF THIS ACT and, if the commissioner finds such conditions suitable for the proper care of children, or for the placing out of children, under such standards for the promotion of the health, safety, morality and well-being of such children as he prescribes, shall issue such license as is required as promptly as possible, without expense to the licensee. If after his investigation the commissioner finds that the applicant, notwithstanding good faith efforts, is not able to fully comply with all the requirements he prescribes, but compliance can be achieved with minimal efforts, the commissioner may issue a provisional license for a period not to exceed sixty days. The provisional license may be renewed for additional sixty-day periods, but in no event shall the total of such periods be for longer than one year. Before issuing any license, the commissioner shall give to the selectmen of the town wherein such licensee proposes to carry on the licensed activity ten days' notice in writing that the issuance of such license is proposed, but such notice shall not be required in case of intention to issue such license to any corporation incorporated for the purpose of caring for or placing such children. Each license so issued shall specify whether it is granted for child-caring or child-placing purposes, shall state the number of children who may be cared for, shall be in force twenty-four months from date of issue, and shall be renewed for the ensuing twenty-four months, if conditions continue to be satisfactory to the commissioner. The commissioner shall also provide such periodical inspections and review as shall safeguard the well-being, health and morality of all children cared for or placed under a license issued by him hereunder and shall visit and consult with each such child and with the licensee as often as he deems necessary but at intervals of not more than ninety days. Each licensee under the provisions of this section shall file annually with the commissioner a report containing such information concerning its functions, services and operation, including financial data, as the commissioner requires. Any license issued under this section may be revoked SUSPENDED OR LIMITED by the commissioner for cause, after notice given to the [institution, person or group of persons] PERSON OR ENTITY concerned and after opportunity for a hearing thereon. Any party whose application is denied or whose license is revoked SUSPENDED OR LIMITED by the commissioner may appeal from such adverse decision in accordance with the provisions of section 4-183 AS AMENDED. Appeals under this section shall be privileged in respect to the order of trial assignment.

(b) The commissioner shall adopt regulations, in accordance with chapter 54, to establish a staggered schedule for the renewal of licenses issued pursuant to sections 17a-145 AS AMENDED BY SECTION 8 OF THIS ACT and 17a-149 AS AMENDED BY SECTION 9 OF THIS ACT.

Sec. 12. Section 17a-152 of the general statutes is repealed and the following is substituted in lieu thereof:

Any person or [public or private agency, corporation or organization] ENTITY, before bringing or sending any child into the state for the purpose of placing or caring for him in any home or institution, either free or for board, shall make application to the Commissioner of Children and Families, giving the name, the age and a personal description of such child, the name and address of the person, home or institution with whom the child is to be placed, and such other information as may be required by [said] THE commissioner. Such person or institution shall be licensed by said commissioner under the provisions of [sections] SECTION 17a-145 AS AMENDED BY SECTION 8 OF THIS ACTm and SECTION 17a-151 AS AMENDED BY SECTION 11 OF THIS ACT. When the permission of said commissioner has been received for the placement of such child, the person [, agency, corporation or organization] OR ENTITY, before placing [him] THE CHILD, shall undertake: (1) That if, prior to becoming eighteen years of age or being adopted, such child becomes a public charge, such person [, agency, corporation or organization] OR ENTITY will, within thirty days after notice requesting [his] THE CHILD'S removal has been given by [said] THE commissioner, remove [such] THE child from the state; (2) that such person [, agency, corporation or organization will] OR ENTITY SHALL report annually, and more often if requested to do so by [said] THE commissioner, as to the location and condition of the child so long as [he] THE CHILD remains in the state prior to his becoming eighteen years of age or prior to his legal adoption, and shall, at the discretion of [said] THE commissioner, execute and deliver to [said] THE commissioner a bond payable to the state, and in the penal sum of one thousand dollars, with surety or security acceptable to the Attorney General, conditioned on the performance of such undertaking. The provisions of this section shall not apply in the case of (a) the bringing of a child to the home of any relative who is a resident of this state, (b) any summer camp operating ninety days or less in any consecutive twelve months or (c) any educational institution as determined by the State Board of Education.

Sec. 13. Sections 17a-27a and 17a-97 of the general statutes are repealed.

Approved June 3, 1996. Effective October 1, 1996.

[footer.htm]