Conn. Gen. Stat. § 17a-228 — Connecticut Code / Title 17a / Chapter 319b / Section 17a-228
Sec. 17a-228. (Formerly Sec. 19a-483). Payments for room and board and other services for persons with intellectual disability in residential facilities. Authorization for admission to residential facilities; annual review.
Status: in_force

(b) Notwithstanding the provisions of subsection (a) of this section, persons residing in residential facilities for persons with intellectual disability licensed pursuant to section 17a-227 and receiving state payment for the cost of such services on October 1, 1983, shall be deemed to have been authorized for admission by the Department of Developmental Services. In addition, any person who is admitted to a residential facility for persons with intellectual disability after October 1, 1983, and not later than December 31, 1983, which facility is licensed pursuant to said section after October 1, 1983, and who is receiving state payment for the cost of such services, shall be deemed to have been authorized for admission by the Department of Developmental Services if (1) not later than July 15, 1983, the applicant for licensure owns or has an interest in the facility or land upon which the facility shall be located, or concludes a closing transaction on any mortgage loan secured by mortgage on such facility or land, (2) such facility is licensed not later than December 31, 1983, and (3) the applicant for licensure presents evidence to the Commissioner of Developmental Services that commitments had been made by such applicant not later than July 15, 1983, for the placement of individuals in such facility.

(c) The Department of Social Services shall continue to make payments on behalf of persons residing, on or before October 1, 1983, in residential facilities licensed pursuant to section 17a-227 on or before October 1, 1983, but not certified as intermediate care facilities for individuals with intellectual disabilities, and on behalf of persons authorized for admission into such facilities by the Department of Developmental Services after October 1, 1983, who are otherwise eligible for assistance under sections 17b-600 to 17b-604 , inclusive. Such payment shall be on the same basis and at the same rate which is in effect on October 1, 1983, and shall continue to pay such rate until the next succeeding annual rate is determined as provided in section 17b-244 and in this section.

(d) Each individual authorized for admission pursuant to subsections (a) or (b) of this section into a residential facility for persons with intellectual disability licensed pursuant to section 17a-227 shall be reviewed annually by the Department of Developmental Services. Upon completion of the annual review, the Department of Developmental Services may (1) renew the authorization of the individual for continued state-assisted care in the residential facility, (2) refuse to renew the authorization of the individual for continued state-assisted care in the residential facility but authorize admission into alternate facilities, or (3) refuse to renew the authorization of the individual for continued state-assisted care in the facility and refuse to authorize continued state-assisted care in alternate facilities. If the Department of Developmental Services refuses to renew the authorization of the individual for continued state-assisted care in the residential facility and either authorizes admission into alternative facilities or refuses to authorize the individual for state-assisted care in any such alternative facility, the Department of Developmental Services shall continue to pay the rate established pursuant to section 17b-244 for such time as may be administratively necessary for the Department of Developmental Services to arrange for an appropriate transfer.

(e) Whenever the Department of Developmental Services refuses to renew the authorization of a person for continued state-assisted care in a licensed residential facility for persons with intellectual disability pursuant to subsection (d) of this section and either authorizes the individual for admission into alternate facilities or refuses to authorize the individual for continued state-assisted care in any alternative facility, the Department of Developmental Services shall give thirty days' notice of its determination to the previously authorized individual and to such individual's legal representative. Such notice shall inform the individual and the individual's representative of such individual's right to contest the determination by submitting a request for a hearing in writing to the Commissioner of Developmental Services not later than fifteen days after the date of receiving the notice required by this subsection. Such hearing, if requested, shall be conducted in accordance with the provisions of sections 4-176e to 4-184 , inclusive. State-assisted care shall continue in the present facility pending final disposition of any such hearing.

(f) Whenever the Department of Social Services is notified that a facility receiving payments from the Department of Developmental Services under the provisions of this section has been certified as an intermediate care facility for individuals with intellectual disabilities, as defined in 42 CFR 440.150, the Commissioner of Social Services shall notify the Governor and the Governor, with the approval of the Finance Advisory Committee, may transfer from the appropriation for the Department of Developmental Services to the Department of Social Services, sufficient funds to cover the cost of all services previously paid by the Department of Developmental Services that are reimbursable, at the rate established for services provided by such certified facilities. Subsequent budget requests from both departments shall reflect such transfer of responsibility.
Conn. Gen. Stat. § 17b-523c — Connecticut Code / Title 17b / Chapter 319hh / Section 17b-523c
Sec. 17b-523c. Resident health care rights and protections.
Status: in_force

(b) Residents at a continuing-care retirement facility receiving assisted living or skilled nursing services shall be entitled to all rights and protections afforded under the law, including the right to refuse medications and treatments. A provider shall not prevent or otherwise infringe upon a resident's right to participate, as fully and meaningfully as the resident is able, in making the decision about a permanent move to an assisted living facility or skilled nursing care unit. A provider shall inform family members designated by the resident of the resident's medical condition and care plan. A provider shall not prevent or otherwise infringe upon a resident's right to refuse medications and treatments.

(c) Each provider operating a facility shall make reasonable accommodations, in accordance with the Americans with Disabilities Act, 42 USC 12101, et seq., the Fair Housing Amendments Act of 1988, 42 USC 3601, et seq., and section 46a-64c to ensure that services and notices are accessible and communicated to residents who have hearing loss, low vision or other disabilities.
Conn. Gen. Stat. § 17a-42 — Connecticut Code / Title 17a / Chapter 319 / Section 17a-42
Sec. 17a-42. (Formerly Sec. 17-444). Photo-listing service established.
Status: in_force

(b) Under sections 17a-112 and 45a-717 , the court may order that a child be photo-listed not later than thirty days after the termination of parental rights as a condition of granting an order of termination of parental rights if the court determines that it is in the best interests of the child. Under subdivision (4) of subsection (k) of section 46b-129 , the court may order that a child be photo-listed not later than thirty days after the approval of a permanency plan for adoption if the court determines that it is in the best interest of the child. The court shall not order that a child twelve years of age or older be photo-listed unless the child consents to such photo-listing.

(c) The commissioner shall adopt procedures to implement and maintain the photo-listing service established in this section. Such procedures shall include, but not be limited to, procedures for registration of children with the photo-listing service and format and media selection for presenting photo-listed children to the public. The commissioner shall contract with a nonprofit agency to establish and maintain the photo-listing service in its electronic format.
Conn. Gen. Stat. § 17b-261x — Connecticut Code / Title 17b / Chapter 319v / Section 17b-261x
Sec. 17b-261x. Minimum protected resource allowance for community spouse of institutionalized Medicaid recipient.
Status: in_force

(1) “Institutionalized spouse” has the same meaning as provided in 42 USC 1396r-5(h)(1);

(2) “Community spouse” has the same meaning as provided in 42 USC 1396r-5(h)(2); and

(3) “Minimum community spouse resource allowance” means the minimum amount of assets a community spouse of an institutionalized spouse may keep pursuant to 42 USC 1396r-5(f)(2).

(b) The Commissioner of Social Services shall amend the Medicaid state plan in accordance with federal law to set the minimum community spouse resource allowance at fifty thousand dollars.

(c) Not later than July 1, 2023, the commissioner shall report on the impact of increasing the minimum community spouse resource allowance, in accordance with the provisions of section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to aging, human services and appropriations and the budgets of state agencies. Such report shall include, but not be limited to: (1) The number of community spouses who were able to keep additional assets as a result of the increase in the minimum community spouse resource allowance pursuant to subsection (b) of this section; and (2) the cost to the state of increasing said amount.

(d) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
Conn. Gen. Stat. § 17b-239e — Connecticut Code / Title 17b / Chapter 319v / Section 17b-239e
Sec. 17b-239e. Hospital rate plan. Supplemental pools and payments. Quality measures.
Status: in_force

(b) Subject to federal approval, the Department of Social Services shall establish supplemental pools for certain hospitals in accordance with the terms of the settlement agreement, including any court order issued in accordance with the provisions of section 12-263z . Such pools shall include, but not be limited to, as applicable, general, small hospital, mid-sized hospital and large hospital supplemental pools.

(c) (1) The department shall distribute supplemental payments to applicable hospitals in accordance with the settlement agreement, including any court order issued in accordance with the provisions of section 12-263z . The commissioner shall diligently pursue the federal approvals required for the supplemental pools and payments set forth in this section.

(2) To the extent required by the settlement agreement, including any court order issued in accordance with the provisions of section 12-263z , the Department of Social Services shall pay Medicaid supplemental payments to nongovernmental licensed short-term general hospitals located in the state as follows: (A) For the fiscal years ending June 30, 2020, and June 30, 2021, five hundred forty-eight million three hundred thousand dollars in each such fiscal year; and (B) for the fiscal years ending June 30, 2022, through June 30, 2026, five hundred sixty-eight million three hundred thousand dollars in each such fiscal year. For fiscal years commencing on and after July 1, 2026, the total amount of supplemental payments paid to such hospitals shall continue at the level in effect for the prior fiscal year unless modified through any provision of the general statutes or appropriations act.

(3) From July 1, 2019, through June 30, 2026, the Department of Social Services shall make supplemental payments to the applicable hospitals on or before the last day of the first month of each calendar quarter, except that payments scheduled to be made before December 19, 2019, shall be made not later than thirty days after December 19, 2019.

(4) If a nongovernmental licensed short-term general hospital located in the state merges or consolidates with or is acquired by another hospital, such that the hospital does not continue to maintain a separate short-term general hospital license, the supplemental payments that would have been paid to the hospital that no longer maintains such license shall be paid instead to the surviving hospital, beginning with the first calendar quarter that commences on or after the effective date of the merger, consolidation or acquisition. If a nongovernmental licensed short-term general hospital located in the state dissolves, ceases to operate or otherwise terminates licensed short-term general hospital services, the supplemental payments that would have been paid to such hospital shall not be paid to any other hospital for the remainder of the fiscal year in which such hospital dissolves, ceases operations or otherwise terminates such services. Commencing with the fiscal year after the hospital dissolved, ceased to operate or otherwise terminated such services, the supplemental payments that would have been made to such hospital shall be redistributed to all other nongovernmental licensed short-term general hospitals located in the state in accordance with the distribution methodology set forth in the settlement agreement for each supplemental pool.

(5) Both the state and federal share of supplemental payments set forth in this subsection shall be appropriated to the Department of Social Services. Such supplemental payments shall not be subject to rescissions or holdbacks. Nothing in this section shall affect the authority of the state to recover overpayments and collect unpaid liabilities, as authorized by law.

(d) To the extent required by the settlement agreement, including any court order issued in accordance with the provisions of section 12-263z , the commissioner shall make the supplemental payments set forth in this section effective for the dates of service set forth in this section, including payment adjustments to reconcile, in accordance with this section, supplemental payments made to hospitals for the calendar quarter ending September 30, 2019, as interim payments. Such reconciliation shall ensure that, after accounting for such payment adjustments, the actual supplemental payments made to each hospital shall be the amounts due to each hospital pursuant to the settlement agreement, even if federal approvals are received after each applicable date that supplemental payments are required to be made, provided the supplemental payments remain subject to federal approval. If federal approval of such payments is not obtained, such payments may later be recovered by the commissioner by recoupment against other Medicaid payments due to a hospital or in any manner authorized by law.
Conn. Gen. Stat. § 17b-705a — Connecticut Code / Title 17b / Chapter 319pp / Section 17b-705a
Sec. 17b-705a. Rights of family child care providers. Prohibitions. Procedure for negotiation and binding arbitration. Election and designation of exclusive bargaining agent.
Status: in_force

(b) Family child care providers shall have the right to bargain collectively and shall have such other rights and obligations incident thereto as are created by sections 5-270 to 5-279 , inclusive, except as set forth in subsections (d) to (g), inclusive, of this section, except:

(1) The following shall be prohibited subjects of bargaining: (A) The application of state employee benefits to family child care providers, including, but not limited to, health benefits and pensions; (B) a parent's right to (i) recruit, (ii) select, (iii) direct the activities of, and (iv) terminate the services of any family child care provider; and (C) a procedure for grievance arbitration against any parent;

(2) No provision of any agreement or award shall provide for a reduction in the services provided by family child care providers to children under section 17b-749 ;

(3) Any provision in any agreement or award which would require an additional appropriation in order to maintain the levels of services provided by existing appropriations shall be presented to the General Assembly for approval in accordance with the budgetary process set forth in subdivision (8) of subsection (e) of this section;

(4) The provisions of section 5-280 shall not apply to family child care providers. An agreement or award reached pursuant to this section may include provisions calling for the state or its fiscal intermediary to deduct from reimbursement payments regular dues and initiation fees, and nonmember service fees limited to the lesser of regular dues, fees and assessments that a member is charged or the proportionate share of expenses incident to collective bargaining. Dues or fees may be charged only with respect to earnings from participation in the child care subsidy program established pursuant to section 17b-749 . No dues or fees may be charged for the first sixty days of a family child care provider's participation in a child care subsidy program established pursuant to section 17b-749 ;

(5) The provisions of sections 5-276a and 5-276b and subsections (b) to (g), inclusive, of section 5-278 shall not apply to collective bargaining involving family child care providers. Any impasse between the parties shall be resolved in accordance with subsection (e) of this section;

(6) In any proceeding which may be filed under section 5-272 , the State Board of Labor Relations shall be without jurisdiction to consider any complaint against, or issue any remedy against, any parent; and

(7) Any election required in order to resolve any question concerning representation involving family child care providers shall be conducted by mail ballot. No provision of this section shall grant family child care providers a right to strike and such strikes are prohibited.

(c) On or after July 1, 2014, and monthly thereafter, the Commissioner of Early Childhood shall compile a list of the names of family child care providers who have participated in the child care subsidy program established pursuant to section 17b-749 within the previous six calendar months. Such list shall be considered a public record, as defined in section 1-200 .

(d) For purposes of sections 4-65a and 5-270 and subsection (a) of section 5-278 , the Office of Early Childhood shall be considered an executive branch employer and an organization representing family child care providers that has been designated by the State Board of Labor Relations, pursuant to section 5-275 or subsection (g) of this section, as the exclusive bargaining agent of such providers, shall have the right to bargain concerning the terms and conditions of participation of family child care providers in the program covered by this section, including, but not limited to, (1) state reimbursement rates, (2) benefits, (3) payment procedures, (4) contract grievance arbitration, and (5) training, professional development and other requirements and opportunities appropriate for family child care providers.

(e) (1) If the organization representing family child care providers and the Office of Early Childhood do not reach an agreement not later than one hundred fifty days after negotiations have begun, the parties shall jointly select an arbitrator. The arbitrator selected shall have experience as an impartial arbitrator of labor-management disputes, and shall not be an individual employed as an advocate or consultant for labor or management in labor-management disputes. If the parties fail to agree on an arbitrator not later than one hundred sixty days after negotiations have begun, the selection of the arbitrator shall be made using the procedures under the voluntary labor arbitration rules of the American Arbitration Association.

(2) Each party shall submit to the arbitrator, and to each other, a proposal setting forth such party's position on how each of the unresolved issues shall be resolved.

(3) The arbitrator shall convene a hearing to allow the parties to provide evidence and argument to the arbitrator. The parties shall have the right to submit written briefs to the arbitrator. The arbitration record shall be officially closed at the close of the hearing, or the arbitrator's receipt of briefs, whichever is later.

(4) The arbitrator's authority is limited to selecting the complete proposal of one party or the other on any unresolved issue. The arbitrator shall issue an award not later than forty-five days after the close of the record.

(5) The factors to be considered by the arbitrator in arriving at a decision are: (A) The nature and needs of the family child care program and the needs and welfare of parents and children served by that program, including interests in better recruitment, retention and quality with respect to the covered family child care provider; (B) the history of negotiations between the parties including those leading to the instant proceeding; (C) the existing conditions of employment of similar groups of workers; (D) changes in the cost of living; and (E) the interests and welfare of the covered family child care providers.

(6) The costs of the arbitrator and any fees associated with the arbitration proceeding shall be shared equally by the parties.

(7) Any agreement or award reached pursuant to this section shall be submitted to the General Assembly for approval by filing the agreement or award with the clerks of the House and Senate. No provision of any agreement or award resulting from the collective bargaining process which would require supersedence of any law or regulation shall take effect without affirmative legislative approval.

(8) Notwithstanding any other provision of this section, any provision in any agreement or award which would require an additional appropriation in order to maintain the levels of services provided by existing appropriations shall be presented to the General Assembly for approval in accordance with the budgetary process applicable to appropriations, including, but not limited to, affirmative legislative approval. Other provisions of the agreement or award shall be deemed approved unless affirmatively rejected by a majority of either house not later than thirty days after the filing with the clerk of that chamber, provided the thirty-day period shall not begin or expire unless the General Assembly is in regular session. Once approved by the General Assembly, any provision of an agreement or award need not be resubmitted by the parties to such agreement or award as part of a future agreement approval process unless changes in the language of such provision are negotiated by the parties.

(f) The only bargaining unit of family child care providers appropriate for the purpose of collective bargaining shall be a state-wide unit of all family child care providers.

(g) Any provider organization certified as the majority representative of family child care providers in any election held prior to July 1, 2012, pursuant to Executive Order Number 9 of Governor Dannel P. Malloy may provide proof of such certification to the State Board of Labor Relations and the State Board of Labor Relations shall certify such majority representative as the exclusive bargaining agent for such providers without the requirement of an additional election unless and until such time as a question concerning representation is appropriately raised under this section and section 17b-705 .
Conn. Gen. Stat. § 17b-749f — Connecticut Code / Title 17b / Chapter 319rr / Section 17b-749f
Sec. 17b-749f. Evaluation system for licensed child care centers. Longitudinal study. Report.
Status: in_force

(b) The commissioner shall conduct, within available appropriations, a longitudinal study that examines the developmental progress of children and their families both during and following participation in a child care program.

(c) The commissioner shall report to the General Assembly, in accordance with section 11-4a , on or before January 1, 2015, on the implementation of the performance-based evaluation system and on the longitudinal study, and annually thereafter on the cumulative results of the evaluations.
Conn. Gen. Stat. § 17b-282a — Connecticut Code / Title 17b / Chapter 319v / Section 17b-282a
Sec. 17b-282a. Coverage for in-patient dental services in certain instances involving children and developmentally disabled persons.
Status: in_force

(1) The anesthesia, nursing and related hospital services are deemed medically necessary by the treating dentist or oral surgeon and the patient's primary care physician in accordance with the department's requirements for prior authorization of services, if required; and

(2) The patient is either (A) a child under the age of four who is determined by a licensed dentist, in conjunction with a licensed physician who specializes in primary care, to have a dental condition of significant dental complexity that it requires certain dental procedures to be performed in a hospital, or (B) a person who has a developmental disability, as determined by a licensed physician who specializes in primary care, that places the person at serious risk. The expense of such anesthesia, nursing and related hospital services shall be deemed a medical expense under such health insurance policy and shall not be subject to any limits on dental benefits under such policy.
Conn. Gen. Stat. § 17a-114d — Connecticut Code / Title 17a / Chapter 319a / Section 17a-114d
Sec. 17a-114d. Caregiver authority. Reasonable and prudent parent standard. Liability.
Status: in_force

(1) “Caregiver” means (A) a person who holds a license issued by the Department of Children and Families to provide foster care, (B) a person who has been approved to provide foster care by a child-placing agency licensed pursuant to section 17a-149 , (C) a relative or fictive kin caregiver, as defined in section 17a-114 , or (D) an operator or official of a child-placing agency licensed pursuant to section 17a-149 in which a child has been placed;

(2) “Reasonable and prudent parent standard” means the standard characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child;

(3) “Normal childhood activities” means extracurricular, enrichment and social activities that may include, but not be limited to, overnight activities outside the direct supervision of the caregiver for periods of up to forty-eight hours; and

(4) “Age appropriate or developmentally appropriate” means (A) activities or items that are generally accepted as suitable for children of the same chronological age or maturity level or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; or (B) in the case of a specific child, activities or items that are suitable for such child based on such child's cognitive, emotional, physical and behavioral capacities.

(b) A caregiver shall have the authority, without prior approval of the department, Probate Court or Superior Court, to allow a child in his or her care that is the subject of a service plan or safety plan to participate in normal childhood activities that are age appropriate or developmentally appropriate for such child based on a reasonable and prudent parent standard, provided (1) such activities comply with provisions included in any existing service plan or safety plan established by the department or court order, and (2) the parent or guardian of such child or youth shall be afforded an opportunity to provide input into the development of such service plan or safety plan. The Commissioner of Children and Families shall promulgate department policy to provide guidance to caregivers concerning the reasonable and prudent parent standard. Such guidance shall include factors for the caregiver to consider prior to allowing a child to participate in age appropriate or developmentally appropriate activities, including, but not limited to, the child's age, maturity, mental and physical health, developmental level, behavioral propensities and aptitude. The commissioner shall notify each caregiver of the department policy promulgated pursuant to this subsection.

(c) (1) A representative of the department shall document the child's interest in and pursuit of normal childhood activities during regular home visits and document the child's participation in normal childhood activities that are age appropriate or developmentally appropriate in such child's service plan or safety plan.

(2) A representative of the department shall document a child's interest in and pursuit of normal childhood activities that are age appropriate or developmentally appropriate during regular meetings with the parents of such child. A representative of the department shall communicate to the caregiver of such child the opinions of the parents of such child regarding the child's participation in normal childhood activities so that the caregiver may consider the opinions of the parents of such child in the provision of care to the child.

(d) The department, caregiver, child-placing agency or child care facility, as defined in section 17a-93 , or any other private entity under contract with the state shall not be liable for any injury to a child that occurs as a result of a caregiver allowing a child to participate in normal childhood activities pursuant to subsection (b) of this section, unless the acts or omissions of the department, caregiver, child-placing agency or child care facility or any other private entity under contract with the state that cause such injury constitute gross, wilful or wanton negligence. The provisions of this subsection shall not be construed to remove or limit any existing liability protection afforded by law.

(e) Any private entity that contracts with the department to provide placement services to children in the legal custody of the department shall have policies consistent with this section. Policies that are not consistent with this section include those that are incompatible with, contradictory to or more restrictive than those provided in this section.
Conn. Gen. Stat. § 17a-116d — Connecticut Code / Title 17a / Chapter 319a / Section 17a-116d
Sec. 17a-116d. Interstate Compact on Adoption and Medical Assistance.
Status: in_force

INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE

Article I. Finding.

The states which are parties to this compact find that:

(1) In order to obtain adoptive families for children with special needs, states must assure prospective adoptive parents of substantial assistance, usually on a continuing basis, in meeting the high costs of supporting and providing for the special needs and the services required by such children.

(2) The states have a fundamental interest in promoting adoption for children with special needs because the care, emotional stability, and general support and encouragement required by such children can be best, and often only, obtained in family homes with a normal parent-child relationship.

(3) The states obtain fiscal advantages from providing adoption assistance because the alternative is for the states to bear the higher cost of meeting all the needs of all children while in foster care.

(4) The necessary assurances of adoption assistance for children with special needs, in those instances where children and adoptive parents live in states other than the one undertaking to provide the assistance, include the establishment and maintenance of suitable substantive guarantees and workable procedures for interstate cooperation and payments to assist with the necessary costs of child maintenance, the procurement of services and the provision of medical assistance.

Article II. Purposes.

The purposes of this compact are to:

(1) Strengthen protections for the interests of children with special needs on behalf of whom adoption assistance is committed to be paid, when such children are in or move to states other than the one committed to provide adoption assistance.

(2) Provide substantive assurances and operating procedures which will promote the delivery of medical and other services to children on an interstate basis through programs of adoption assistance established by the laws of the states which are parties to this compact.

Article III. Definitions.

As used in this compact, unless the context clearly requires a different construction:

(1) “Child with special needs” means a minor who has not yet attained the age at which the state normally discontinues children's services, or a child who has not yet reached the age of twenty-one, where the state determines that the child's mental or physical disability warrants the continuation of assistance beyond the age of majority, for whom the state has determined the following:

(A) That the child cannot or should not be returned to the home of his or her parents;

(B) That there exists, with respect to the child, a specific factor or condition, such as his or her ethnic background, age or membership in a minority or sibling group, or the presence of factors such as a medical condition or physical, mental or emotional disability, because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance; and

(C) That, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in their care as a foster child, a reasonable but unsuccessful effort has been made to place the child with appropriate adoptive parents without providing adoption assistance.

(2) “Adoption assistance” means the payment or payments for the maintenance of a child which are made or committed to be made pursuant to the adoption assistance program established by the laws of a party state.

(3) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands or any territory or possession of the United States.

(4) “Adoption assistance state” means the state that is signatory to the adoption assistance agreement in a particular case.

(5) “Residence state” means the state in which the child is a resident by virtue of the residence of the adoptive parents.

(6) “Parents” means either the singular or plural of the word “parent”.

Article IV. Adoption Assistance.

(a) Each state shall determine the amount of adoption assistance and other aid which it will give to children with special needs and their adoptive parents in accordance with its own laws and programs. The adoption assistance and other aid may be made subject to periodic reevaluation of eligibility by the adoption assistance state in accordance with its laws.

(b) The adoption assistance, medical assistance and other services and benefits to which this compact applies are those provided to children with special needs and their adoptive parents from the effective date of the adoption assistance agreement.

(c) Every case of adoption assistance shall include a written adoption assistance agreement between the adoptive parents and the appropriate agency of the state undertaking to provide the adoption assistance. Every such agreement shall contain provisions for the fixing of actual or potential interstate aspects of the assistance so provided as follows:

(1) An express commitment that the assistance so provided shall be payable without regard for the state of residence of the adoptive parents, both at the outset of the agreement period and at all times during its continuance;

(2) A provision setting forth with particularity the types of care and services toward which the adoption assistance state will make payments;

(3) A commitment to make medical assistance available to the child in accordance with Article V of this compact;

(4) An express declaration that the agreement is for the benefit of the child, the adoptive parents and the state and that it is enforceable by any or all of them; and

(5) The date or dates upon which each payment or other benefit provided thereunder is to commence, but in no event prior to the effective date of the adoption assistance agreement.

(d) Any services or benefits provided for a child by the residence state and the adoption assistance state may be facilitated by the party states on each other's behalf. To this end, the personnel of the child welfare agencies of the party states shall assist each other, as well as the beneficiaries of adoption assistance agreements, in assuring prompt and full access to all benefits expressly included in such agreements. It is further recognized and agreed that, in general, all children to whom adoption assistance agreements apply shall be eligible for benefits under the child welfare, education, rehabilitation, mental health and other programs of their state of residence on the same basis as other resident children.

(e) Adoption assistance payments on behalf of a child in another state shall be made on the same basis and in the same amounts as they would be made if the child was living in the state making the payments.

Article V. Medical Assistance.

(a) Children for whom a party state is committed, in accordance with the terms of an adoption assistance agreement to provide federally aided medical assistance under Title XIX of the Social Security Act, 42 USC Section 1396 et seq., are eligible for such medical assistance during the entire period for which the agreement is in effect. Upon application therefore, the adoptive parents of a child who is the subject of such an adoption assistance agreement shall receive a medical assistance identification document made out in the child's name. The identification shall be issued by the medical assistance program of the residence state and shall entitle the child to the same benefits pursuant to the same procedures, as any other child who is covered by the medical assistance program in the state, whether or not the adoptive parents are themselves eligible for medical assistance.

(b) The identification document shall bear no indication that an adoption assistance agreement with another state is the basis for its issuance. However, if the identification is issued pursuant to such an adoption assistance agreement, the records of the issuing state and the adoption assistance state shall show the fact, and shall contain a copy of the adoption assistance agreement and any amendment or replacement thereof, as well as all other pertinent information. The adoption assistance and medical assistance programs of the adoption assistance state shall be notified of the issuance of such identification.

(c) A state which has issued a medical assistance identification document pursuant to this compact, which identification is valid and currently in force, shall accept, process and pay medical assistance claims thereon as it would with any other medical assistance claims by eligible residents.

(d) The federally-aided medical assistance provided by a party state pursuant to this compact shall be in accordance with subsections (a) to (c), inclusive, of this article. In addition, when a child who is covered by an adoption assistance agreement is living in another party state, payment or reimbursement for any medical services and benefits specified under the terms of the adoption assistance agreement, which are not available to the child under Title XIX medical assistance program of the residence state, shall be made by the adoption assistance state as required by its law. Any payments so provided shall be of the same kind and at the same rates as provided for children who are living in the adoption assistance state. However, where the payment rate authorized for a covered service under the medical assistance program of the adoption assistance state exceeds the rate authorized by the residence state for that service, the adoption assistance state shall not be required to pay the additional amounts for the services or benefits covered by the residence state.

(e) A child referred to in subsection (a) of this article, whose residence is changed from one party state to another party state, shall be eligible for federally-aided medical assistance under the medical assistance program of the new state of residence.

Article VI. Compact Administration.

(a) In accordance with its own laws and procedures, each state which is a party to this compact shall designate a compact administrator and such deputy compact administrators as it deems necessary. The compact administrator shall coordinate all activities under this compact within his or her state. The compact administrator shall also be the principal contact for officials and agencies within and without the state for the facilitation of interstate relations involving this compact and the protection of benefits and services provided pursuant thereto. In this capacity, the compact administrator shall be responsible for assisting child welfare agency personnel from other party states and adoptive families receiving adoption and medical assistance on an interstate basis.

(b) Acting jointly, the compact administrators shall develop uniform forms and administrative procedures for the interstate monitoring and delivery of adoption and medical assistance benefits and services pursuant to this compact. The forms and procedures so developed may deal with such matters as:

(1) Documentation of continuing adoption assistance eligibility;

(2) Interstate payments and reimbursements; and

(3) Any and all other matters arising pursuant to this compact.

(c) (1) Some or all of the parties to this compact may enter into supplementary agreements for the provision of or payment for additional medical benefits and services, as provided in subsection (d) of Article V of this compact; for interstate service delivery, pursuant to subsection (d) of Article IV of this compact, or for matters related thereto. Such agreements shall not be inconsistent with this compact, nor shall they relieve the party states of any obligation to provide adoption and medical assistance in accordance with applicable state and federal law and the terms of this compact.

(2) Administrative procedures or forms implementing the supplementary agreements referred to in subdivision (1) of this subsection may be developed by joint action of the compact administrators of those states which are party to such supplementary agreements.

(d) It shall be the responsibility of the compact administrator to ascertain whether and to what extent additional legislation may be necessary in his or her own state to carry out the provisions of this article or Article IV of this compact or any supplementary agreements pursuant to this compact.

Article VII. Joinder and Withdrawal.

(a) This compact shall be open to joinder by any state. It shall enter into force as to a state when its duly constituted and empowered authority has executed it.

(b) In order that the provisions of this compact may be accessible to and known by the general public, and so that they may be implemented as law in each of the party states, the authority which has executed this compact in each party state shall cause the full text of the compact and notice of its execution to be published in his or her state. The executing authority in any party state shall also provide copies of this compact upon request.

(c) Withdrawal from this compact shall be by written notice, sent by the authority which executed it, to the appropriate officials of all other party states, but no such notice shall take effect until one year after it is given, in accordance with the requirements of this subsection.

(d) All adoption assistance agreements outstanding and to which a party state is a signatory at the time when its withdrawal from this compact takes effect shall continue to have the effects given to them pursuant to this compact until they expire or are terminated in accordance with their provisions. Until such expiration or termination, all beneficiaries of the agreements involved shall continue to have all the rights and obligations conferred or imposed by this compact, and the withdrawing state shall continue to administer this compact to the extent necessary to accord and implement fully the rights and protections preserved hereby.

Article VIII. Construction and Severability.

The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of the United States or of any party state, or where the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, this compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

See Sec. 17a-118 re responsibility of Department of Children and Families for adoption assistance agreement and subsidy payment.
Conn. Gen. Stat. § 17b-525 — Connecticut Code / Title 17b / Chapter 319hh / Section 17b-525
Sec. 17b-525. (Formerly Sec. 17a-365). Reserve fund escrow account.
Status: in_force

(b) No entrance fee escrows established or maintained under section 17b-524 shall be subordinated to other loans or commitments of any kind. No reserve fund escrows established or maintained under this section shall be subordinated to other loans or commitments, other than first mortgage loans or other long-term financing obligations of the facility. No entrance fee escrow shall be pledged as collateral for any loan or commitment, provided that a reserve fund escrow may be pledged as collateral for a first mortgage loan or other long-term financing obligation of the facility. No entrance fee escrows or reserve fund escrows shall be (1) invested in any building or health care facility of any kind, (2) used for capital construction or improvements or for the purchase of real estate, or (3) removed from the state if required to be maintained within this state. Interest on the reserve fund required under this section shall be payable to the provider.

(c) Any affiliate of a provider that controls any part of the reserve escrow funds is liable for the debts of the provider up to the amount of the provider's contribution to the fund plus any prorated interest the fund may earn.
Conn. Gen. Stat. § 17a-112 — Connecticut Code / Title 17a / Chapter 319a / Section 17a-112
Sec. 17a-112. (Formerly Sec. 17-43a). Termination of parental rights of child committed to commissioner. Cooperative postadoption agreements. Placement of child from another state. Interstate Compact on the Placement of Children.
Status: in_force

(b) Either or both birth parents and an intended adoptive parent may enter into a cooperative postadoption agreement regarding communication or contact between either or both birth parents and the adopted child. Such an agreement may be entered into if: (1) The child is in the custody of the Department of Children and Families; (2) an order terminating parental rights has not yet been entered; and (3) either or both birth parents agree to a voluntary termination of parental rights, including an agreement in a case which began as an involuntary termination of parental rights. The postadoption agreement shall be applicable only to a birth parent who is a party to the agreement. Such agreement shall be in addition to those under common law. Counsel for the child and any guardian ad litem for the child may be heard on the proposed cooperative postadoption agreement. There shall be no presumption of communication or contact between the birth parents and an intended adoptive parent in the absence of a cooperative postadoption agreement.

(c) If the Superior Court determines that the child's best interests will be served by postadoption communication or contact with either or both birth parents, the court shall so order, stating the nature and frequency of the communication or contact. A court may grant postadoption communication or contact privileges if: (1) Each intended adoptive parent consents to the granting of communication or contact privileges; (2) the intended adoptive parent and either or both birth parents execute a cooperative agreement and file the agreement with the court; (3) consent to postadoption communication or contact is obtained from the child, if the child is at least twelve years of age; and (4) the cooperative postadoption agreement is approved by the court.

(d) A cooperative postadoption agreement shall contain the following: (1) An acknowledgment by either or both birth parents that the termination of parental rights and the adoption is irrevocable, even if the adoptive parents do not abide by the cooperative postadoption agreement; and (2) an acknowledgment by the adoptive parents that the agreement grants either or both birth parents the right to seek to enforce the cooperative postadoption agreement.

(e) The terms of a cooperative postadoption agreement may include the following: (1) Provision for communication between the child and either or both birth parents; (2) provision for future contact between either or both birth parents and the child or an adoptive parent; and (3) maintenance of medical history of either or both birth parents who are parties to the agreement.

(f) The order approving a cooperative postadoption agreement shall be made part of the final order terminating parental rights. The finality of the termination of parental rights and of the adoption shall not be affected by implementation of the provisions of the postadoption agreement. Such an agreement shall not affect the ability of the adoptive parents and the child to change their residence within or outside this state.

(g) A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the termination of parental rights or the adoption and shall not serve as a basis for orders affecting the custody of the child. The court shall not act on a petition to change or enforce the agreement unless the petitioner had participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute and allocate any cost for such mediation or dispute resolution proceedings.

(h) An adoptive parent, guardian ad litem for the child or the court, on its own motion, may, at any time, petition for review of any order entered pursuant to subsection (c) of this section, if the petitioner alleges that such action would be in the best interests of the child. The court may modify or terminate such orders as the court deems to be in the best interest of the adopted child.

(i) The Superior Court upon hearing and notice, as provided in sections 45a-716 and 45a-717 , may grant a petition for termination of parental rights based on consent filed pursuant to this section if it finds that (1) upon clear and convincing evidence, the termination is in the best interest of the child, and (2) such parent has voluntarily and knowingly consented to termination of the parent's parental rights with respect to such child. If the court denies a petition for termination of parental rights based on consent, it may refer the matter to an agency to assess the needs of the child, the care the child is receiving and the plan of the parent for the child. Consent for the termination of the parental rights of one parent does not diminish the parental rights of the other parent of the child, nor does it relieve the other parent of the duty to support the child.

(j) The Superior Court, upon notice and hearing as provided in sections 45a-716 and 45a-717 , may grant a petition filed pursuant to this section if it finds by clear and convincing evidence that (1) the Department of Children and Families has made reasonable efforts to locate the parent and to reunify the child with the parent in accordance with subsection (a) of section 17a-111b , unless the court finds in this proceeding that the parent is unable or unwilling to benefit from reunification efforts, except that such finding is not required if the court has determined at a hearing pursuant to section 17a-111b , or determines at trial on the petition, that such efforts are not required, (2) termination is in the best interest of the child, and (3) (A) the child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child; (B) the child (i) has been found by the Superior Court or the Probate Court to have been neglected, abused or uncared for in a prior proceeding, or (ii) is found to be neglected, abused or uncared for and has been in the custody of the commissioner for at least fifteen months and the parent of such child has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b-129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child; (C) the child has been denied, by reason of an act or acts of parental commission or omission including, but not limited to, sexual molestation or exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for the child's physical, educational, moral or emotional well-being, except that nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights; (D) there is no ongoing parent-child relationship, which means the relationship that ordinarily develops as a result of a parent having met on a day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of such parent-child relationship would be detrimental to the best interest of the child; (E) the parent of a child under the age of seven years who is neglected, abused or uncared for, has failed, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable period of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families; (F) the parent has killed through deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent; or (G) the parent committed an act that constitutes sexual assault as described in section 53a-70 , 53a-70a , 53a-70c , 53a-71 , 53a-72a , 53a-72b or 53a-73a or compelling a spouse or cohabitor to engage in sexual intercourse by the use of force or by the threat of the use of force as described in section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, if such act resulted in the conception of the child.

(k) Except in the case where termination of parental rights is based on consent, in determining whether to terminate parental rights under this section, the court shall consider and shall make written findings regarding: (1) The timeliness, nature and extent of services offered, provided and made available to the parent and the child by an agency to facilitate the reunion of the child with the parent; (2) whether the Department of Children and Families has made reasonable efforts to reunite the family pursuant to the federal Adoption and Safe Families Act of 1997, as amended from time to time; (3) the terms of any applicable court order entered into and agreed upon by any individual or agency and the parent, and the extent to which all parties have fulfilled their obligations under such order; (4) the feelings and emotional ties of the child with respect to the child's parents, any guardian of such child's person and any person who has exercised physical care, custody or control of the child for at least one year and with whom the child has developed significant emotional ties; (5) the age of the child; (6) the efforts the parent has made to adjust such parent's circumstances, conduct, or conditions to make it in the best interest of the child to return such child home in the foreseeable future, including, but not limited to, (A) the extent to which the parent has maintained contact with the child as part of an effort to reunite the child with the parent, provided the court may give weight to incidental visitations, communications or contributions, and (B) the maintenance of regular contact or communication with the guardian or other custodian of the child; and (7) the extent to which a parent has been prevented from maintaining a meaningful relationship with the child by the unreasonable act or conduct of the other parent of the child, or the unreasonable act of any other person or by the economic circumstances of the parent.

(l) Any petition brought by the Commissioner of Children and Families to the Superior Court, pursuant to subsection (a) of section 46b-129 , may be accompanied by or, upon motion by the petitioner, consolidated with a petition for termination of parental rights filed in accordance with this section with respect to such child. Notice of the hearing on such petitions shall be given in accordance with sections 45a-716 and 45a-717 . The Superior Court, after hearing, in accordance with the provisions of subsection (i) or (j) of this section, may, in lieu of granting the petition filed pursuant to section 46b-129 , grant the petition for termination of parental rights as provided in section 45a-717 .

(m) Nothing contained in this section and sections 17a-113 , 45a-187 , 45a-606 , 45a-607 , 45a-707 to 45a-709 , inclusive, 45a-715 to 45a-718 , inclusive, 45a-724 , 45a-725 , 45a-727 , 45a-733 , 45a-754 and 52-231a shall negate the right of the Commissioner of Children and Families to subsequently petition the Superior Court for revocation of a commitment of a child as to whom parental rights have been terminated in accordance with the provisions of this section. The Superior Court may appoint a statutory parent at any time after it has terminated parental rights if the petitioner so requests.

(n) If the parental rights of only one parent are terminated, the remaining parent shall be the sole parent and, unless otherwise provided by law, guardian of the person.

(o) In the case where termination of parental rights is granted, the guardian of the person or statutory parent shall report to the court not later than thirty days after the date judgment is entered on a case plan, as defined by the federal Adoption and Safe Families Act of 1997, as amended from time to time, for the child which shall include measurable objectives and time schedules. At least every three months thereafter, such guardian or statutory parent shall make a report to the court on the progress made on implementation of the plan. The court may convene a hearing upon the filing of a report and shall convene and conduct a permanency hearing pursuant to subsection (k) of section 46b-129 for the purpose of reviewing the permanency plan for the child not more than twelve months from the date judgment is entered or from the date of the last permanency hearing held pursuant to subsection (k) of section 46b-129 , whichever is earlier, and at least once a year thereafter while the child remains in the custody of the Commissioner of Children and Families. For children where the commissioner has determined that adoption is appropriate, the report on the implementation of the plan shall include a description of the reasonable efforts the department is taking to promote and expedite the adoptive placement and to finalize the adoption of the child, including documentation of child specific recruitment efforts. At such hearing, the court shall determine whether the department has made reasonable efforts to achieve the permanency plan. If the court determines that the department has not made reasonable efforts to place a child in an adoptive placement or that reasonable efforts have not resulted in the placement of the child, the court may order the Department of Children and Families, within available appropriations, to contract with a child-placing agency to arrange for the adoption of the child. The department, as statutory parent, shall continue to provide care and services for the child while a child-placing agency is arranging for the adoption of the child.

(p) The provisions of section 17a-152 , regarding placement of a child from another state, and the provisions of section 17a-175 , regarding the Interstate Compact on the Placement of Children, shall apply to placements pursuant to this section.

(q) The provisions of this section shall be liberally construed in the best interests of any child for whom a petition under this section has been filed.

See Sec. 45a-764 re adoption procedures.

Annotations to former section 17-43a:

Cited. 165 C. 435, 436; 168 C. 421. Statute requires establishing the complete absence of an ongoing relationship. 177 C. 648. Cited. 179 C. 155; 181 C. 638; 182 C. 545; 183 C. 11; 187 C. 431; 188 C. 259. Due process requires proof of allegations by clear and convincing evidence rather than the preponderance of evidence standard of proof. 189 C. 58. Cited. Id., 66; Id., 276. Principles of res judicata and collateral estoppel as applied to petitions to terminate parental rights discussed. 190 C. 310. Cited. 194 C. 252; 195 C. 344; 196 C. 18; 210 C. 157; 215 C. 31; Id., 277; 217 C. 459.

Cited. 1 CA 298; Id., 463; 2 CA 705; 3 CA 30; 4 CA 653; 6 CA 194; Id., 360; 9 CA 506; Id., 598; Id., 608; 10 CA 36; 11 CA 497; Id., 507; 13 CA 23; Id., 91; Id., 605; Id., 626; 15 CA 367; 16 CA 693; 18 CA 806; 19 CA 20; Id., 371; 20 CA 228; Id., 725; 23 CA 207; 24 CA 135; Id., 338. Where statutory requirements are met, a mother's prenatal conduct can be basis of a finding of neglect or termination of parental rights. 25 CA 586; judgment reversed, see 223 C. 492. Cited. 26 CA 414; 29 CA 112; Id., 600; 30 CA 839.

Cited. 31 CS 271; 41 CS 23; Id., 145.

Subsec. (a):

Subdiv. (3): Termination of parental rights and relation thereto of adoptability of minor child discussed. 189 C. 66. Failure to rehabilitate cited; no ongoing parent-child relationship cited. 194 C. 252. Cited. 217 C. 459.

Subsec. (b):

Simultaneous hearing under statute not violation of due process rights on its face and as applied. 179 C. 155. Cited. 201 C. 229.

Subdiv. (2): Court dismissed as not proven alternate ground for termination of parental rights where parents have failed to achieve a degree of personal rehabilitation that would allow them to assume a responsible position in their child's life; the dismissal of this alternate ground was not at issue in case. 2 CA 705, 707. Subdiv. (4): No ongoing parent-child relationship discussed. Id., 705. Cited. 3 CA 194; Id., 507; 9 CA 490; 15 CA 455; 22 CA 656; 24 CA 338; 30 CA 839; 35 CA 490; 38 CA 214.

Annotations to present section:

Cited. 223 C. 492. Court held legislature intended provisions of Sec. 52-212a and this section to coexist so Superior Court has limited jurisdiction to open judgment for termination of parental rights for 4 months after its rendering but not thereafter in absence of waiver of consent. 224 C. 263. Cited. 229 C. 345; 234 C. 194. Commissioner not required to prove, by clear and convincing evidence, that reasonable efforts were made to reunite parent with children as a predicate to terminating parental rights; provision requiring commissioner to make reasonable efforts to reunite parent and child does not apply retroactively. 250 C. 674. In order to terminate a parent's parental rights under section, petitioner required to prove, by clear and convincing evidence, that department has made reasonable efforts to reunify family, termination is in best interest of child, and there exists any of the 7 grounds for termination delineated in Subsec. (j)(3). 268 C. 614. A child has standing to appeal from termination of parental rights because the rights of the child are inextricably intertwined with those of the parent. 290 C. 131. Section requires the department to make reasonable efforts at reunification, including taking the parent's mental condition into consideration, and failure to provide adequate services because of the parent's mental condition would violate section and the Americans with Disabilities Act. 326 C. 480. Legislature's enactment of Subsecs. (b) to (h) did not reflect an intention to abrogate or limit the courts' common-law authority, as codified in Sec. 46b-121(b)(1), which includes the ability to order posttermination visitation as long as it is necessary or appropriate to secure the welfare, protection, proper care and suitable support of the child; instead the legislature intended Subsecs. (b) to (h) to be more limited in scope and codify and make regular the process by which parties accomplish cooperative post adoption agreements. 336 C. 545.

Where statutory requirements are met, a mother's prenatal conduct can be basis of a finding of neglect or termination of parental rights. 25 CA 586; judgment reversed, see 223 C. 492. Cited. 26 CA 58; Id., 414; 28 CA 247; 29 CA 112; Id., 600; 30 CA 839; 35 CA 276; Id., 490; 40 CA 366; 46 CA 69. Jurisdiction for terminating parental rights lies either in Probate Court or Superior Court pursuant to this section and Sec. 45a-715(a) and (g); administrative hearing officer in department has no authority to hear or determine a petition for termination of parental rights; there is no statutory requirement that department file a treatment plan as condition precedent to filing of a termination petition; in a termination proceeding, burden is on department to prove by clear and convincing evidence that sufficient grounds exist for termination and that termination would serve the best interests of the child. 49 CA 706. Section requires trial court to analyze respondent's rehabilitative status as it relates to the needs of the particular child, and further, that such rehabilitation must be foreseeable within a reasonable time. Id., 763. Parent failed to achieve personal rehabilitation when, as of date of the petition, parent is unrecovered, active alcoholic and substance abuser, unable to provide for care and custody of the children, and termination of parental rights is in best interest of the children where trial court made specific findings regarding the seven statutory factors. 51 CA 446. Trial court did not err in finding the parent had not rehabilitated herself and could not assume a responsible position in the life of the child within a reasonable time. Id., 829. Res judicata does not bar reliance on provision authorizing termination of parental rights where a child has been found in prior proceeding to have been neglected. 52 CA 576. Burden of proof was not shifted to respondent father as to whether department made reasonable efforts to reunify him with the child because department made reasonable efforts specifically directed to respondent by offering him over the course of 3 years at least 6 services to facilitate reunification. 56 CA 776. 7 factors set forth in section serve simply as guidelines to court and are not statutory prerequisites that need to be proven by clear and convincing evidence before termination can be ordered. 60 CA 96. Use of clearly erroneous standard of review on appeal from a termination of parental rights proceeding does not deny respondent adequate procedural safeguards. 85 CA 528. Even when there is a finding of a bond between parent and a child, it still may be in child's best interest to terminate parental rights. 104 CA 744. Court properly found parents had failed to achieve sufficient rehabilitation. 105 CA 515. There is no requirement that a previously adjudicated child on whose behalf a petition to terminate parental rights is filed must have been in the custody of petitioner for any specific period of time before such petition may be filed. 139 CA 239. Determination of child's best interests occurs only after statutory grounds for termination of parental rights have been established by clear and convincing evidence, and it is improper for termination of parental rights to be grounded on finding that child's prospective home will be “better” than life with one or more biological parent. 154 CA 488. The interconnection among Subsecs. (j)(1), (j)(3) and (k) reveals a legislative intent that, in attempting to reunify the parent with the child pursuant to Subsec. (j)(1), the department must make reasonable efforts to assist the parent in addressing and overcoming the specific impediments preventing reunification, i.e., the statutory grounds advanced by the department pursuant to Subsec. (j)(3). 170 CA 833.

Cited. 43 CS 108; 44 CS 101; Id., 169; Id., 551. Discussed. 45 CS 364.

Subsec. (a):

Authority to draft and sign petitions to terminate parental rights is not limited to attorneys. 247 C. 1.

Cited. 40 CA 366.

Subsec. (i) (former Subsec. (b)):

Cited. 221 C. 903; 226 C. 917; 229 C. 345.

Cited. 24 CA 338; 25 CA 536; Id., 741; 26 CA 58; 30 CA 839; 33 CA 12; 38 CA 214; 39 CA 353; 42 CA 664; 44 CA 80. Trial court properly found abandonment, that department did all it could to give respondent custody and did not shift the burden of permanency planning. 47 CA 124. Grounds of failure to achieve personal rehabilitation and nonaccidental or inadequately explained serious physical injury of child discussed. 49 CA 229. Cited. Id., 541. Subdiv. (2): Court properly granted coterminous petitions on basis of failure to achieve personal rehabilitation and a new adjudication of neglect was not required because court's reliance on prior adjudications of neglect was not improper. 63 CA 339.

Subsec. (j) (former Subsec. (c)):

Cited. 229 C. 345. Not unconstitutional as applied to termination of parental rights of an unfit mother upon proof by clear and convincing evidence that her child has been, among other things, uncared for. 270 C. 382. Even if the evidence had established that additional family therapy might have been beneficial, trial court's finding that department made reasonable efforts at reunification was not clearly erroneous. 290 C. 131. Under 2003 revision, department must prove either that it has made reasonable efforts to reunify parent and child or, alternatively, that the parent is unwilling or unable to benefit from reunification efforts. 293 C. 539. Where prior neglect adjudication must be opened, there was no longer any basis for trial court's finding that the children were neglected, regardless of whether parent raised claim on appeal, because court's finding was based on the prior neglect adjudication. 301 C. 345. A prior order of specific steps toward rehabilitation is required for any termination of parental rights grounded solely on a parent's failure to rehabilitate, except that, under the particular circumstances of this case, failure to provide specific steps constituted harmless error. 310 C. 485. It was necessary for the trial court to consider events subsequent to the filing of the petition for termination of parental rights when determining whether the department has made reasonable efforts to reunify child with respondent. 321 C. 523. Subdiv. (1): Finding of reunification efforts not required under section and Sec. 17a-111b is an independent basis on which to terminate parental rights. 322 C. 231. Department's failure to make reasonable modifications to its services, programs or activities to accommodate a parent's disability would likely preclude a finding under Subdiv. (1) that the department's reunification efforts were reasonable under the circumstances. 326 C. 480. Subdiv. (3)(C): “act or acts of parental commission or omission” includes both positively harmful actions of a parent and a parent's more passive failures to take action to prevent harm from occurring, and respondents' omissions, namely their failure over the course of three years to acknowledge the cause of the child's injuries and to take therapeutic steps that would prevent a similar tragedy from occurring in the future, clearly fell within the purview of Subpara. 327 C. 506. The statutory criteria must be strictly complied with before the termination of parental rights can be accomplished and adoption proceedings begun. 334 C. 314.

Cited. 30 CA 839; 49 CA 510. Resolution of whether termination petitions are appropriate requires a trial court to determine, inter alia, if termination of parental rights would serve best interests of the child. Id., 706. Trial court's determination that grounds existed to terminate respondent's parental rights was not clearly erroneous where trial court concluded that respondent's failure to believe child when confronted with child's account of incidents of abuse as well as with abuser's admission of abuse, and respondent's failure to protect child from further abuse, to utilize reunification services and to cooperate with police and department to ensure child's protection, constitute acts violative of Subdiv. (3)(C). Id., 763. Moving out of state relevant circumstance to determination of reasonable effort to reunite family. 50 CA 554. Provisions for granting a petition under Subsec. interpreted. 51 CA 595. “Reasonable efforts” in Subdiv. (1) defined and department required to take into consideration parent's mental condition when determining what “reasonable efforts” to make at reunification. 54 CA 463. Trial court properly found, with respect to Subdiv. (3)(D), that biological father of the minor child did not maintain an ongoing parent-child relationship and that to allow additional time for establishing such a relationship would be detrimental to the best interests of the minor child who had no positive memories of and negative feelings toward her father. 55 CA 807. Subdiv. (3): Abandonment focuses on parent's conduct and occurs where a parent fails to visit a child, does not display love or affection for the child, does not personally interact with the child and demonstrates no concern for the child's welfare; to “maintain” a reasonable degree of interest, concern or responsibility implies a continuing, reasonable degree of concern and not a sporadic showing. 56 CA 12. As used in Subdiv. (3)(B), personal rehabilitation refers to restoration of a parent to his or her former constructive and useful role as a parent; Subdiv. (3)(B) is not void for vagueness; it provides fair warning of the conduct necessary for personal rehabilitation and provides minimum guidelines for enforcement. Id., 167. Failure to achieve rehabilitation must be proven by clear and convincing evidence, which is something more than preponderance of the evidence, required in neglect proceedings and in other civil cases, but something less than proof beyond a reasonable doubt, required in criminal cases; rehabilitation must be foreseeable within a reasonable time, which is a factual determination that must be made on case-by-case basis. Id., 688. “Personal rehabilitation” under Subdiv. (3)(B), revised to 1997, defined. 57 CA 441. Discussed re parent's failure to achieve sufficient personal rehabilitation and lack of an ongoing parent-child relationship; Appellate Court need only find one statutory basis to affirm decision to terminate parental rights. 58 CA 234. Father abandoned child within meaning of statute; claim is not valid that section is unconstitutionally void for vagueness because it fails to put an incarcerated parent on notice re how to prevent termination of parental rights; section does not violate double jeopardy clause of U.S. Constitution as applied to incarcerated parent. Id., 244. Subdiv. (3)(B) requires trial court to analyze respondent's rehabilitative status as it relates to needs of the child and such rehabilitation must be foreseeable within a reasonable time; trial court's finding that respondent failed to achieve sufficient personal rehabilitation was not clearly erroneous. 61 CA 19. Adjudication of neglect is not a prerequisite to order terminating parental rights on the basis of abandonment. Id., 185. Court did not abuse its discretion when it declined to apply Matthews v. Eldridge balancing test in denying respondent's motion to bifurcate termination hearing; Subsec. protects due process rights of respondent by requiring clear and convincing evidence in the adjudicatory phase. Id., 197. Evidence and standards re determination of degree of personal rehabilitation under Subdiv. (3)(B) in adjudicatory phase of termination proceedings discussed. Id., 224. Reasonable efforts, for purposes of Subdiv. (1), means doing everything reasonable, not everything possible; relative youth of respondent not an excuse in determination of failure to achieve personal rehabilitation under Subdiv. (3)(B). Id., 248. Department's act of offering mother substance abuse evaluation and treatment, parenting skill classes, domestic violence counseling, a family reunification program, a psychological evaluation and visitation constituted “reasonable efforts to locate the parent and to reunify the child with the parent”; trial court's determination to terminate parental rights based on failure to achieve sufficient personal rehabilitation affirmed. 62 CA 470. Father's claim under Subsec. is moot because father did not challenge court's finding that he was unwilling to benefit from reunification efforts, which finding satisfied the statute's first prong; case is distinguishable from In re Valerie D . because here it was the father's own conduct, not conduct of a third party, that prevented development of a relationship with his children. Id., 500. Subdiv. (3)(D): Trial court's conclusion that there was no ongoing parent-child relationship was factually supported by the record; evidence established that 9-year-old child had no present memories of or feelings for respondent father and had never known his father; court also found by clear and convincing evidence that it was not in child's best interest to allow further time to establish a parent-child relationship because child is very emotionally fragile and suffers from several disorders, has bonded with his maternal grandparents who are making progress with him, has a strong need for permanency and respondent father is unable to understand child's special needs. 63 CA 516. Lack of rehabilitation may be demonstrated by the length of time in which defendant waits to begin the first rehabilitative steps. 65 CA 538. Court properly based its decision on 217 C. 459 where respondent, rather than the state, created circumstances that caused and perpetuated the lack of an ongoing relationship between respondent and the child. 67 CA 417. Trial court's determination that department had made reasonable efforts to reunify respondent and her child was not clearly erroneous. 68 CA 342. Trial court improperly concluded that department's efforts to reunify respondent with minor child were reasonable under circumstances of case where department acknowledged that decision not to engage respondent in further reunification efforts was based on prior experiences with respondent; at department's request, respondent completed substance abuse treatment yet department did not make reasonable efforts at reunification when it should have done so; trial court's finding that respondent was unable or unwilling to benefit from reunification efforts not supported by clear and convincing evidence. 73 CA 637. In determining whether there was an ongoing parent-child relationship, it is the character of that relationship at the time of the filing of termination petition that is relevant to court's inquiry. 75 CA 466. Subdiv. (3)(B): Personal rehabilitation refers to restoration of a parent to his or her former constructive and useful role as a parent; statute requires court to find by clear and convincing evidence that the parent's level of rehabilitation is less than that which would encourage a belief that he or she can assume a responsible position in the child's life within a reasonable time. 83 CA 17. Consideration of best interest of child comes after a determination that termination is warranted. 85 CA 528. Statutory requirements for termination of parental rights discussed; court properly concluded that commissioner had established, by clear and convincing evidence, that, despite parental skills training provided by department to parents, parents did not have ability to care for their daughters, either at time of termination proceedings or in the immediately foreseeable future; legislature's choice of “clear and convincing evidence” standard of proof under Subsec. does not violate due process provisions of state constitution; state constitution does not require court or legislature to equate terminations of parental rights with criminal convictions. 90 CA 565. Judgment terminating father's parental rights was improper and could not stand where evidence showed department made no efforts to foster a relationship between child and father prior to filing of termination petition because father's paternity had not been conclusively established. 93 CA 42. Subdiv. (3): Although “serious physical injury” in Subpara. (F) is not defined in statute, the court looked to its commonly approved usage, which is its dictionary definition; when applied to circumstances of case, there is ample evidence that the child's physical injury, a broken elbow caused by respondent mother who threw her young child across the floor and failed to seek medical attention for her injury for almost five days after the assault, was serious since the assault caused a severe fracture to child's elbow, required casting and caused distress to the child for at least three weeks after the assault. 97 CA 748. Subdiv. (3)(B)(ii): Neither Appellate Court nor trial court may speculate, or make a finding with respect to a termination of parental rights petition, on the basis of evidence that is not in the record. 104 CA 635. Subdiv. (3)(B)(ii): Issue is not whether parent has improved her ability to manage her life but whether she has gained an ability to care for the specific needs of her children. Id., 744. Subdiv. (3)(B): In making the determination as to whether the parent has achieved a sufficient degree of personal rehabilitation, the proper focus is on the parent's demonstrable development in relation to the needs of the child; the critical issue in assessing rehabilitation is whether the parent has gained the ability to care for the particular needs of the child at issue. 108 CA 839. In action for the termination of parental rights, the court did not deny respondent her procedural due process rights when conducting a trial on the merits with only her counsel present as the court still required petitioner to prove by clear and convincing evidence not only the grounds for termination, but that it was in the child's best interest for respondent's parental rights to be terminated. 111 CA 210. Trial court properly concluded that mother's denial of drug use and refusal to submit to drug testing supported adjudication that she failed to achieve personal rehabilitation under Subdiv. (3)(B); court properly determined that mother failed to achieve personal rehabilitation under section despite extensive use of support systems. 112 CA 69. Parental rights may be terminated under Subdiv. (3)(B)(i) because a parent must be able to meet the needs of the child, which are paramount, regardless of the needs of the parent, and the critical issue is not whether the parent has improved ability to manage own life but whether the parent has gained ability to care for the needs of the child. Id., 582. Reasonable efforts to reunite respondent and child were no longer appropriate where respondent abandoned child by leaving home and not communicating with child or inquiring as to child's welfare while respondent was living and incarcerated in another state or when he returned to Connecticut, where he failed to support child and was convicted and incarcerated for sexual assault of a minor. 115 CA 111. Department made reasonable efforts to reunify child with parent where department offered mother substance abuse treatment, group and individual therapy, drug testing, supervised and unsupervised visitation, parenting education, psychological evaluation, in-home reunification services, housing assistance and transportation and mother failed to achieve a sufficient degree of personal rehabilitation and her inability to parent prevented her from assuming a responsible position with respect to her child. 117 CA 710. Subdiv. (3)(B): Trial court must analyze the respondent's rehabilitative status as it relates to the needs of the particular child and whether prospects for rehabilitation can be realized within a reasonable time given the age and needs of the child. 120 CA 523. Subsec. not unconstitutionally void for vagueness as applied to respondent since referral for sexual offender treatment was sufficient to put respondent on notice that failure to attend could result in termination of his parental rights. 121 CA 376. Court improperly required petitioner to prove a subordinate fact by clear and convincing evidence. 123 CA 103. Subdiv. (3): Unresolved issues of domestic violence and lack of stable, safe housing support conclusion that parent failed to achieve sufficient degree of personal rehabilitation; respondent did not demonstrate that her counsel's representation resulted in prejudice to her. 126 CA 71. A 3-month time frame for achieving necessary degree of personal rehabilitation was reasonable given the age and needs of the child. 129 CA 449. Subdiv. (3)(B): “Rehabilitation” is not limited to the conduct contemplated in the prescribed specific steps. 148 CA 308. Subdiv. (3)(B): The use of “provide” in Subpara. does not require physical delivery of the specific steps to parent where parent has evaded detection or refused to respond to department's inquiries, neither is there one-size-fits-all definition prescribing steps to be taken, rather, it is more consistent with jurisprudence in this area that this issue be addressed on case-by-case basis. 185 CA 512. Subdiv. (1): Where respondent challenged only one of the two separate and independent bases for upholding court's determination that the requirements of the Subdiv. had been satisfied, court unable to provide respondent with practical relief on appeal. 190 CA 583. In analyzing issue of reasonable reunification efforts under Subsec., trial court did not improperly fail to consider events that occurred after the adjudication date as there were no obvious factors that affected the practicality of reunification efforts prior to such date. 194 CA 633. Subdiv. (3)(D): Failure to establish that no parent-child relationship existed between respondent and child does not inevitably lead to conclusion that the parent-child relationship was normal and healthy or meaningful. 202 CA 106. Subdiv. (3)(C): Although the respondent did not commit physical or sexual abuse against his own children, his sexual assault of another minor and consequent incarceration resulted in his children being abused and neglected in the custody of their mother and denied his children the care, guidance, or control necessary for their wellbeing. 211 CA 275. Subdiv. (1): Mother's failure to challenge termination of parental rights on both statutory grounds rendered complaint moot. 218 CA 424. Subdiv. (3)(B): It is well established that personal rehabilitation does not require a parent to prove ability to assume full responsibility for the child, unaided by available support systems; although respondent argued that the evidentiary sufficiency standard of review in child protection cases should be replaced by the former clear error standard, the Supreme Court's decision in 318 C. 569, holding that the appropriate standard of review is evidentiary sufficiency, is binding. 220 CA 315, 322.

Cited. 44 CS 551. Legislature intended that Subdiv. (3)(F) be applied retroactively to facts which took place prior to its enactment; also, the law to be applied in a termination proceeding is the law that exists at time termination proceeding is brought. 45 CS 586. Subdiv. (3)(B)(i): Respondent's due process rights were not violated because one of the elements authorizing termination of parental rights required proof by clear and convincing evidence that a neglect finding was made in a prior proceeding and did not require a relitigation of such finding in the termination proceeding. 53 CS 402.

Subsec. (k) (former Subsec. (d)):

Cited. 229 C. 345. The plain language of Subdiv. (4) directs the trial court to consider the children's emotional ties with a long list of people in determining whether termination of respondent's parental rights is in their best interest; nothing in Subdiv. (4), however, required the trial court to consider only the children's emotional ties with respondent; therefore, it was appropriate for the trial court to consider the children's emotional ties to the preadoptive foster family in considering whether termination of respondent's parental rights was in the children's best interest; although a trial court shall consider and make written findings re the factors enumerated in Subsec., the trial court's determination of the best interests of a child will not be overturned on the basis of one factor if that determination is otherwise factually supported and legally sound. 317 C. 723.

Cited. 24 CA 338; 30 CA 839; 33 CA 12; 38 CA 214; 39 CA 353; 44 CA 80. Trial court's findings that department had made the statutorily required “reasonable efforts” to reunify children with their mother were not supported by clear and convincing evidence; judgments reversed. 48 CA 290. Record supported trial court's factual findings where trial court found that respondent's decision to protect abuser, to deny or disregard the effects of sexual abuse on the child and to refuse counseling services prevented respondent from having a relationship with the child, and that department offered various counseling services to assist respondent and to facilitate reunification with the child, but respondent failed to utilize them. 49 CA 763. Subdiv. (1): Although respondent mother was offered a number of services by department aimed at reunification, including overnight visitation, visitation at the school and rehabilitation center, a bus pass to facilitate transportation, a psychological evaluation and various other social worker services, she failed to take advantage of them and to become more than minimally involved in her child's life; court found by clear and convincing evidence that department made reasonable and appropriate efforts to reunite respondent mother with her child. 56 CA 12. In certain instances, court may be required to make written findings concerning child's emotional ties to preadoptive family; such finding is required when child has developed significant emotional ties to preadoptive family and that family has exercised physical care, custody or control of the child for at least 1 year. 107 CA 395. In arriving at decision in dispositional phase of whether it is established by clear and convincing evidence that continuation of respondent's parental rights is not in best interest of the child, court is mandated to consider and make written findings regarding the 7 factors delineated in Subsec. 120 CA 523. Under Subsec., the word “reasonable” is the linchpin on which department's efforts in a particular set of circumstances are to be adjudged, using the clear and convincing standard of proof; “reasonable efforts” means doing everything reasonable, not everything possible. 124 CA 650. Subdiv. (7) does not require the court to consider the effect of respondent's illness and treatment when it evaluates the evidence. 163 CA 322; judgment reversed on alternate grounds, see 323 C. 640.
Conn. Gen. Stat. § 17b-105d — Connecticut Code / Title 17b / Chapter 319s / Section 17b-105d
Sec. 17b-105d. Supplemental nutrition assistance program. Outreach. Work-study programs.
Status: in_force

(b) The Commissioner of Social Services, within available appropriations, shall incorporate into existing efforts coordinated outreach to increase awareness and utilization of the supplemental nutrition assistance program by eligible individuals, including, but not limited to, recipients of home-delivered and congregate meals and recipients of public assistance.

(c) For the purpose of determining eligibility for the supplemental nutrition assistance program pursuant to the federal Food and Nutrition Act of 2008, as amended from time to time, the Department of Social Services, to the extent permitted under federal law, shall consider any student enrolled in an institution of higher education in the state to be participating in a state or federally financed work-study program if such student receives approval of work-study as part of a financial aid package to attend such institution of higher education, regardless of whether such student has received his or her work-study program assignment.
Conn. Gen. Stat. § 17b-112h — Connecticut Code / Title 17b / Chapter 319s / Section 17b-112h
Sec. 17b-112h. Disbursement of federal funds received from Temporary Assistance for Needy Families Emergency Contingency Fund.
Status: in_force

(1) The Commissioner of Social Services shall deposit any funds received for reimbursement for expenditures not originally funded from the General Fund in the General Fund. Such funds shall be credited to a nonlapsing account in the Department of Social Services. Eighty per cent of the first two hundred fifty thousand dollars of such funds provided as reimbursement for benefits or services previously provided by a service provider using funding sources other than the General Fund shall be paid to each provider of such benefits or services for the purpose of providing additional benefits or services under the temporary assistance for needy families program, as approved by the department. The remaining twenty per cent of such reimbursed funds shall be deposited into the General Fund as revenue. Any such reimbursement in excess of two hundred fifty thousand dollars per service provider shall be shared equally between the service provider and the state. The service provider's share shall be used to provide additional benefits or services under the state's temporary assistance for needy families program, as approved by the department. The state's share of any such reimbursement shall be deposited into the General Fund as revenue and shall be used for any purpose permitted under the Temporary Assistance for Needy Families Program pursuant to Section 403(c) of the Social Security Act.

(2) The Commissioner of Social Services shall deposit any funds received for reimbursement for expenditures originally funded from the General Fund through a contract with a human service provider in the General Fund. Such funds shall be credited to a nonlapsing account in the Department of Social Services. Thirty per cent of such funds provided as reimbursement for benefits or services previously provided shall be paid to each provider of such benefits or services for the purpose of providing additional benefits or services under the temporary assistance for needy families program, as approved by the department. The remaining seventy per cent of such reimbursement shall be deposited into the General Fund as revenue and shall be used for any purpose permitted under the Temporary Assistance for Needy Families Program pursuant to Section 403(c) of the Social Security Act.

(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, the Commissioner of Social Services shall deposit any funds for reimbursement received by the Department of Social Services for prior expenditures for subsidized employment services provided under the Jobs First program, in the General Fund. Such funds shall be credited to a nonlapsing account in the Department of Social Services. The commissioner shall use such funds to fund additional subsidized employment services under the temporary assistance for needy families program.

(b) For the fiscal year ending June 30, 2010, and each fiscal year thereafter, the Commissioner of Social Services shall deposit all federal funds received by the Department of Social Services as an advance payment of the eighty per cent federal share for benefits and services to be provided under the Temporary Assistance for Needy Families Emergency Contingency Fund provision of Section 403 of the Social Security Act for expenditures not funded from the General Fund in the General Fund. Such funds shall be credited to a nonlapsing account in the Department of Social Services. Such funds shall be used to pay for benefits or services under the temporary assistance for needy families program, for programs operated by service providers that qualify under the provisions of Section 403 of the Social Security Act, as approved by the department, and for which the service provider provides the twenty per cent nonfederal share of such program's cost. Any advance payment of the eighty per cent federal share for benefits and services to be provided under the Temporary Assistance for Needy Families Emergency Contingency Fund provision of Section 403 of the Social Security Act for expenditures to be funded from the General Fund shall be deposited in the General Fund as revenue and shall be used for any purpose permitted under the Temporary Assistance for Needy Families Program pursuant to Section 403(c) of the Social Security Act.

(c) The Commissioner of Social Services shall designate and contract with a fiscal intermediary to administer the distribution of funds to service providers under this section. The commissioner shall pay the costs associated with such contract from (1) the federal Temporary Assistance for Needy Families Emergency Contingency Fund advance payments and the service provider's twenty per cent nonfederal share of the program's cost on a proportionate basis, (2) the federal Temporary Assistance for Needy Families Emergency Contingency Fund reimbursement revenue, notwithstanding the provisions of subdivisions (1) and (2) of subsection (a) of this section, or (3) funding sources available to the Department of Social Services other than the General Fund.
Conn. Gen. Stat. § 17b-307a — Connecticut Code / Title 17b / Chapter 319v / Section 17b-307a
Sec. 17b-307a. Medicaid reimbursement system incentivizing collaboration between primary care providers and behavioral and mental health care providers for HUSKY Health program members.
Status: in_force

(1) “Collaborative Care Model” or “CoCM” means the integrated delivery of behavioral health and primary care services by a primary care team that includes a primary care provider, a behavioral care manager, a psychiatric consultant and a database used by the behavioral care manager to track patient progress;

(2) “CoCM codes” means a billing system developed by the Centers for Medicare and Medicaid Services that provide Medicare rates for services provided in the Collaborative Care Model; and

(3) “HUSKY Health” has the same meaning as provided in section 17b-290 .

(b) To the extent permissible under federal law, the Commissioner of Social Services shall implement a Medicaid reimbursement system that incentivizes collaboration between primary care providers and behavioral and mental health care providers on an integrated care plan for a HUSKY Health program member. Such reimbursement system shall recognize that multiple providers may be involved in providing care. The commissioner may adopt the Collaborative Care Model to expand access to behavioral and mental health services for HUSKY Health program members and utilize the CoCM codes approved by the Centers for Medicare and Medicaid Services to provide reimbursement to participating providers. The commissioner may take into consideration the potential impact on federal reimbursement when implementing such system.
Conn. Gen. Stat. § 17b-307 — Connecticut Code / Title 17b / Chapter 319v / Section 17b-307
Sec. 17b-307. Primary care case management pilot program.
Status: in_force

(b) The Department of Social Services shall expand the pilot program for the delivery of health care services through the primary care case management system, as described in subsection (a) of this section, to include primary care providers in the towns of Torrington and Putnam. Not later than July 1, 2010, the department shall expand the pilot program to include the town of Putnam. Not later than October 1, 2010, the department shall expand the pilot program to include the town of Torrington. The Commissioner of Social Services may seek a waiver from federal law for the purpose of expanding the primary care case management system pursuant to this subsection.

(c) Not later than July 1, 2011, the commissioner shall report, in accordance with section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to human services and appropriations and the budgets of state agencies on the expansion of the pilot program.
Conn. Gen. Stat. § 17a-502 — Connecticut Code / Title 17a / Chapter 319i / Section 17a-502
Sec. 17a-502. (Formerly Sec. 17-183). Commitment under emergency certificate. Examination of patient. Explanation of rights. Hearing. Private hospitals' notification to commissioner. Immediate discharge of patient. Notification of next of kin. Prohibited commitments to chronic disease hospitals.
Status: in_force

(b) Any person admitted and detained under this section shall be examined by a physician specializing in psychiatry not later than forty-eight hours after admission as provided in section 17a-545 , except that any person admitted and detained under this section at a chronic disease hospital shall be so examined not later than thirty-six hours after admission. If such physician is of the opinion that the person does not meet the criteria for emergency detention and treatment, such person shall be immediately discharged. The physician shall enter the physician's findings in the patient's record.

(c) Any person admitted and detained under this section shall be promptly informed by the admitting facility that such person has the right to consult an attorney, the right to a hearing under subsection (d) of this section, and that if such a hearing is requested or a probate application is filed, such person has the right to be represented by counsel, and that counsel will be provided at the state's expense if the person is unable to pay for such counsel. The reasonable compensation for counsel provided to persons unable to pay shall be established by, and paid from funds appropriated to, the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.

(d) If any person detained under this section, or his or her representative, requests a hearing, in writing, such hearing shall be held within seventy-two hours of receipt of such request, excluding Saturdays, Sundays and holidays. At such hearing, the person shall have the right to be present, to cross-examine all witnesses testifying, and to be represented by counsel as provided in section 17a-498 . The hearing may be requested at any time prior to the initiation of proceedings under section 17a-498 . The hearing shall be held by the court of probate having jurisdiction for commitment as provided in section 17a-497 , and the hospital shall immediately notify such court of any request for a hearing by a person detained under this section. At the conclusion of the hearing, if the court finds that there is probable cause to conclude that the person is subject to involuntary confinement under this section, considering the condition of the respondent at the time of the admission and at the time of the hearing, and the effects of medication, if any, and the advisability of continued treatment based on testimony from the hospital staff, the court shall order that such person's detention continue for the remaining time provided for emergency certificates or until the completion of probate proceedings under section 17a-498 .

(e) The person in charge of every private hospital for psychiatric disabilities in the state shall, on a quarterly basis, supply the Commissioner of Mental Health and Addiction Services, in writing with statistics that state for the preceding quarter, the number of admissions of type and the number of discharges for that facility. Said commissioner may adopt regulations to carry out the provisions of this subsection.

(f) The superintendent or director of any hospital for psychiatric disabilities shall immediately discharge any patient admitted and detained under this section who is later found not to meet the standards for emergency detention and treatment.

(g) Any person admitted and detained at any hospital for psychiatric disabilities under this section shall, upon admission to such hospital, furnish the name of his or her next of kin or close friend. The superintendent or director of such hospital shall notify such next of kin or close friend of the admission of such patient and the discharge of such patient, provided such patient consents, in writing, to such notification of his or her discharge.

(h) No person, who a physician concludes has active suicidal or homicidal intent, may be admitted to or detained at a chronic disease hospital under an emergency certificate issued pursuant to this section, unless such chronic disease hospital is certified under Medicare as an acute care hospital with an inpatient prospective payment system excluded psychiatric unit.

Annotations to former section 17-183:

Cited. 123 C. 650; 139 C. 471. Validity of any detention effected under section is circumscribed in time and conditioned upon proper execution of a certificate by a physician licensed to practice in Connecticut. 144 C. 464. Cited. 169 C. 13; 199 C. 609.

Cited. 14 CS 33. Probate Court lacks jurisdiction over mental health commitment of children or youths; Superior Court has jurisdiction pursuant to Sec. 46b-121; commitment order for minor was null and void since Probate Court lacks jurisdiction to entertain and determine matters involving the mental health commitment of children or youths. 35 CS 241.

Annotation to present section:

Cited. 236 C. 625.
Conn. Gen. Stat. § 17b-463 — Connecticut Code / Title 17b / Chapter 319dd / Section 17b-463
Sec. 17b-463. Mandatory training for financial agents in detecting fraud, exploitation and financial abuse of elderly persons.
Status: in_force

(b) A financial agent shall participate in mandatory training to detect potential fraud, exploitation and financial abuse of elderly persons, including utilizing the resources available on the Commission on Women, Children, Seniors, Equity and Opportunity portal established pursuant to section 17b-463a . All financial agents shall complete such training within six months from availability of training resources on the Commission on Women, Children, Seniors, Equity and Opportunity web portal, or within the first six months of their employment, if later.
Conn. Gen. Stat. § 17b-451 — Connecticut Code / Title 17b / Chapter 319dd / Section 17b-451
Sec. 17b-451. (Formerly Sec. 17a-431). Report of suspected abuse, neglect, exploitation or abandonment or need for protective services. Penalty for failure to report. Immunity and protection from retaliation. Training program.
Status: in_force

(b) Such report shall contain the name and address of the involved elderly person, information regarding the nature and extent of the abuse, neglect, exploitation or abandonment, and any other information which the reporter believes might be helpful in an investigation of the case and the protection of such elderly person.

(c) Any other person having reasonable cause to suspect or believe that an elderly person is being, or has been, abused, neglected, exploited or abandoned, or who is in need of protective services, may report such information in any reasonable manner to the commissioner or the commissioner's designee.

(d) (1) Subject to subdivision (2) of this subsection, any person who makes any report pursuant to sections 17b-450 to 17b-461 , inclusive, or who testifies in any administrative or judicial proceeding arising from such report shall be immune from any civil or criminal liability on account of such report or testimony, except for liability for perjury.

(2) Any person who makes any report pursuant to sections 17b-450 to 17b-461 , inclusive, is guilty of making a fraudulent or malicious report or providing false testimony when such person (A) wilfully makes a fraudulent or malicious report to the commissioner pursuant to the provisions of this section, (B) conspires with another person to make or cause to be made such report, or (C) wilfully testifies falsely in any administrative or judicial proceeding arising from such report as to the abuse, neglect, exploitation or abandonment of, or need of protective services for, an elderly person. Making a fraudulent or malicious report or providing false testimony is a class A misdemeanor.

(e) Any person who is discharged or in any manner discriminated or retaliated against for making, in good faith, a report pursuant to this section shall be entitled to all remedies available under law including, but not limited to, remedies available under sections 19a-532 and 31-51m , as applicable.

(f) For the purposes of sections 17b-450 to 17b-461 , inclusive, the treatment of any elderly person by a Christian Science practitioner, in lieu of treatment by a licensed practitioner of the healing arts, or the refusal of treatment by an elderly person for religious reasons shall not of itself constitute grounds for the implementation of protective services.

(g) The Commissioner of Social Services shall develop an educational training program to promote and encourage the accurate and prompt identification and reporting of abuse, neglect, exploitation and abandonment of elderly persons. Such training program shall be made available on the Internet web site of the Department of Social Services to mandatory reporters and other interested persons. The commissioner shall also make such training available in person or otherwise at various times and locations throughout the state as determined by the commissioner. Except for a mandatory reporter who has received training from an institution, organization, agency or facility required to provide such training pursuant to subsection (a) of this section, a mandatory reporter shall complete the educational training program developed by the commissioner, or an alternate program approved by the commissioner, not later than June 30, 2023, or not later than ninety days after becoming a mandatory reporter.

See Sec. 17a-412 re required reporting of suspected abuse, neglect, exploitation or abandonment of residents in long-term care facilities.

Public policy of protecting vulnerable patients embodied in this section and Sec. 19a-550 do not evince a legislative determination that skilled nursing home employee who failed to timely report suspected abuse of patient is necessarily unfit for continued employment, after application of the 4 factors a reviewing court should consider when evaluating claim that arbitration award reinstating terminated employee violates public policy. 316 C. 618.
Conn. Gen. Stat. § 17a-514 — Connecticut Code / Title 17a / Chapter 319i / Section 17a-514
Sec. 17a-514. (Formerly Sec. 17-194d). Emergency confinement in hospital for psychiatric disabilities of inmates of correctional institutions.
Status: in_force

Annotations to former section 17-194d:

Cited. 198 C. 397; 205 C. 27; 210 C. 519.

Cited. 21 CA 172.
Conn. Gen. Stat. § 17a-591 — Connecticut Code / Title 17a / Chapter 319i / Section 17a-591
Sec. 17a-591. (Formerly Sec. 17-257l). Modification of conditional release.
Status: in_force

(b) Unless the conditional release order has been summarily modified by the board or its chairman pursuant to subsection (a) of section 17a-594 , an application by an acquittee for modification of a conditional release order shall not be filed more often than once every six months from the date of the filing of the next preceding application for modification.

Annotation to former section 17-257 l :

Cited. 215 C. 675.
Conn. Gen. Stat. § 17a-581 — Connecticut Code / Title 17a / Chapter 319i / Section 17a-581
Sec. 17a-581. (Formerly Sec. 17-257b). Psychiatric Security Review Board. Membership. Meetings. Regulations.
Status: in_force

(b) The membership shall be composed of: (1) A psychiatrist experienced with the criminal justice system and not otherwise employed on a permanent basis by the state, except that a psychiatrist employed by The University of Connecticut Health Center who is not responsible for the administration of or treatment decisions for persons under the jurisdiction of the Psychiatric Security Review Board shall be eligible for membership under this subdivision; (2) a psychologist experienced with the criminal justice system and not otherwise employed on a permanent basis by the state, except that a psychologist employed by The University of Connecticut Health Center who is not responsible for the administration of or treatment decisions for persons under the jurisdiction of the Psychiatric Security Review Board shall be eligible for membership under this subdivision; (3) a person with substantial experience in the process of probation; (4) a member of the general public; (5) an attorney who is a member of the bar of this state; and (6) a member of the general public with substantial experience in victim advocacy.

(c) No employee of the Division of Criminal Justice or the Public Defender Services Commission shall be a member of the board.

(d) The Governor at any time may remove any member for inefficiency, neglect of duty or malfeasance in office.

(e) A member of the board not otherwise employed full-time by the state shall be paid seventy-five dollars for each day during which the member is engaged in the performance of official duties. In addition, subject to sections 4-15 and 5-141c regulating travel and other expenses of state officers and employees, the member shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties.

(f) Subject to any applicable provision of sections 5-193 to 5-268 , inclusive, the board may hire employees to assist in the performance of its duties under sections 17a-580 to 17a-602 , inclusive.

(g) A majority of the members of the board constitutes a quorum for the transaction of business. Hearings shall be held before members of the board.

(h) The board shall meet at least twice every month, unless the chairman determines that there is not sufficient business before the board to warrant a meeting at the scheduled time. The board shall also meet at other times and places specified by the call of the chairman or of a majority of the members of the board.

(i) No member of the board shall be personally liable for damage or injury caused in the discharge of his duties. Any person having a complaint for such damage or injury shall present it as a claim against the state under the provisions of chapter 53.

(j) The board may adopt in accordance with chapter 54 such regulations as may be necessary to carry out the purposes of sections 17a-580 to 17a-602 , inclusive.

See Sec. 4-38f for definition of “administrative purposes only”.

Annotation to former section 17-257b:

Cited. 215 C. 675.
Conn. Gen. Stat. § 17a-60a — Connecticut Code / Title 17a / Chapter 319 / Section 17a-60a
Sec. 17a-60a. Birth parent contact preference and health history forms. Access by adopted persons and certain other persons.
Status: in_force

(b) The contact preference form shall provide the birth parent with the following options from which the birth parent shall select one:

(1) I would like to be contacted.

(2) I would like to be contacted, but only through an intermediary, as designated by the birth parent.

(3) I do not want to be contacted.

(c) When the department receives a completed contact preference form or completed health history form from a birth parent, the department shall maintain such form in a confidential file and shall provide copies only to the adopted person who is eighteen years of age or older or such adopted person's adult child or grandchild, upon request. A completed contact preference form shall not be considered a public record for the purposes of section 1-210 .
Conn. Gen. Stat. § 17a-22j — Connecticut Code / Title 17a / Chapter 319 / Section 17a-22j
Sec. 17a-22j. Behavioral Health Partnership Oversight Council. Members. Duties.
Status: in_force

(b) The council shall consist of the following members:

(1) Four appointed by the speaker of the House of Representatives; two of whom are representatives of general or specialty psychiatric hospitals; one of whom is an adult with a psychiatric disability; and one of whom is an advocate for adults with psychiatric disabilities;

(2) Four appointed by the president pro tempore of the Senate, two of whom are parents of children who have a behavioral health disorder or have received child protection or juvenile justice services from the Department of Children and Families; one of whom has expertise in health policy and evaluation; and one of whom is an advocate for children with behavioral health disorders;

(3) Two appointed by the majority leader of the House of Representatives; one of whom is a primary care provider serving adults or children in the Medicaid program; and one of whom is a child psychiatrist serving children in the HUSKY Health program;

(4) Two appointed by the majority leader of the Senate; one of whom is an advocate for adults with substance use disorders; and one of whom is a representative of school-based health clinics;

(5) Two appointed by the minority leader of the House of Representatives; one of whom is a provider of community-based psychiatric services for adults; and one of whom is a provider of residential treatment for children;

(6) Two appointed by the minority leader of the Senate one of whom is a provider of community-based services for children with behavioral health problems and one of whom is a member of the Council on Medical Assistance Program Oversight;

(7) Four appointed by the Governor; two of whom are representatives of general or specialty psychiatric hospitals and two of whom are parents of children who have a behavioral health disorder or have received child protection or juvenile justice services from the Department of Children and Families;

(8) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to human services, public health and appropriations and the budgets of state agencies, or their designees;

(9) Four appointed by the chairpersons of the Behavioral Health Partnership Oversight Council; one of whom is a representative of a home health care agency providing behavioral health services; one of whom is a provider of substance use disorder treatment services; one of whom is an adult in recovery from a psychiatric disability; and one of whom is a parent or family member of an adult with a serious behavioral health disorder;

(10) Ten nonvoting ex-officio members, one each appointed by the Commissioner of Social Services, the Commissioner of Children and Families, the Commissioner of Mental Health and Addiction Services, the Commissioner of Developmental Services, the Commissioner of Education and the Commissioner of Public Health to represent his or her department, one appointed by the Chief Court Administrator of the Judicial Branch to represent the Court Support Services Division and one each appointed by the State Comptroller, the Secretary of the Office of Policy and Management, and the Healthcare Advocate to represent his or her offices; and

(11) One representative from each administrative services organization under contract with the Department of Social Services to provide such services for recipients of assistance under the HUSKY Health program to be nonvoting ex-officio members.

(c) All appointments to the council shall be made no later than July 1, 2005. Any vacancy shall be filled by the appointing authority.

(d) On or after July 1, 2010, the members of the Behavioral Health Partnership Oversight Council shall select the chairpersons of the council from among the members of the council. Such chairpersons shall convene the first meeting of the council, which shall be held not later than August 1, 2005. The council shall meet not less than six times a year thereafter.

(e) The Joint Committee on Legislative Management shall provide administrative support to the chairpersons and assistance in convening the council's meetings.

(f) The council shall make specific recommendations on matters related to the planning and implementation of the Behavioral Health Partnership which shall include, but not be limited to: (1) Review of any contracts entered into by the Departments of Children and Families, Social Services and Mental Health and Addiction Services with any administrative services organizations, to assure that the administrative services organization's decisions are based solely on clinical management criteria developed by the clinical management committee established in section 17a-22k ; (2) review of behavioral health services pursuant to Title XIX and Title XXI of the Social Security Act to assure that federal revenue is being maximized; and (3) review of periodic reports on the program activities, finances and outcomes, including reports from the director of the Behavioral Health Partnership on achievement of service delivery system goals, pursuant to section 17a-22i . The council may conduct or cause to be conducted an external, independent evaluation of the Behavioral Health Partnership.
Conn. Gen. Stat. § 17a-59a — Connecticut Code / Title 17a / Chapter 319 / Section 17a-59a
Sec. 17a-59a. Definitions. Removal of infant from prospective adoptive parent.
Status: in_force

(1) “Commissioner” means the Commissioner of Children and Families;

(2) “Department” means the Department of Children and Families;

(3) “Foster parent” means a person who, pursuant to section 17a-114 , is (A) licensed by the department to care for one or more children in a private home, or (B) approved by a child-placing agency licensed by the department to care for one or more children in a private home;

(4) “Prospective adoptive parent” means a foster parent who is awaiting the placement of, or who has, a child or children placed in his or her home pursuant to section 17a-59 for purposes of adoption; and

(5) “Removal hearing” means an administrative proceeding conducted by the department in accordance with the provisions of chapter 54 to determine if the removal of a child from a prospective adoptive parent is in a child's best interest.

(b) The department, after taking custody of an infant pursuant to section 17a-59 and placing the infant in the care and control of a prospective adoptive parent for thirty or more consecutive days, shall not remove the infant from such parent unless: (1) The department is in possession of specific allegations and other verified affirmations of fact that demonstrate there is reasonable cause to believe that (A) the infant is suffering from serious physical illness or serious physical injury or is in immediate physical danger, and (B) immediate removal from such parent is necessary to ensure the infant's safety, (2) the prospective adoptive parent consents to the removal of the infant from his or her care and control, or (3) a biological parent of the infant has been identified and a request for reunification of such parent and the infant has been granted pursuant to an order by a court of competent jurisdiction.
Conn. Gen. Stat. § 17a-103 — Connecticut Code / Title 17a / Chapter 319a / Section 17a-103
Sec. 17a-103. (Formerly Sec. 17-38c). Reports by others. False reports. Notification to law enforcement agency.
Status: in_force

(b) Notwithstanding the provisions of section 17a-101k , if the identity of any such person who made a report pursuant to subsection (a) of this section is known, and the commissioner or the commissioner's designee suspects or knows that such person has knowingly made a false report, such identity shall be disclosed to the appropriate law enforcement agency and to the perpetrator of the alleged abuse.

(c) If the commissioner, or the commissioner's designee, receives a report alleging sexual abuse or serious physical abuse, including, but not limited to, a report that: (1) A child has died; (2) a child has been sexually assaulted; (3) a child has suffered brain damage, loss or serious impairment of a bodily function or organ; (4) a child has been sexually exploited; or (5) a child has suffered serious nonaccidental physical injury, he or she shall, within twenty-four hours of receipt of such report, notify the appropriate law enforcement agency.

Cited. 26 CA 58.
Conn. Gen. Stat. § 17a-685 — Connecticut Code / Title 17a / Chapter 319j / Section 17a-685
Sec. 17a-685. (Formerly Sec. 19a-126e). Application for involuntary commitment. Notice of hearing. Order of commitment. Recommitment. Discharge. Application for termination of commitment or recommitment and discharge.
Status: in_force

(b) Contents of application and physician's certificate. Order for disclosure of medical information. The application shall allege that the person is an alcohol-dependent person or a drug-dependent person who is dangerous to himself or herself or dangerous to others when he or she is an intoxicated person or who is gravely disabled. The application shall contain a statement that the applicant has arranged for treatment in a treatment facility. A statement to that effect from such facility shall be attached to the application. At or before the hearing on the application, there shall be filed with the court a certificate of a licensed physician who has examined the person within two days before submission of the application. The physician's certificate shall set forth the physician's findings, including clinical observation or information, or the person's medical history, in support of the allegations of the application, and a finding of whether the person presently needs and is likely to benefit from treatment, and shall include a recommendation as to the type and length of treatment and inpatient facilities available for such treatment. A physician employed by the private treatment facility to which the person is to be committed is not eligible to be the certifying physician. An application filed by a person other than the certifying physician shall set forth the facts and information upon which the applicant bases his or her allegations and the names and addresses of all physicians. Upon the filing of an application under this section, the court may issue an order for the disclosure of the medical information required pursuant to this subsection.

(c) Hearing date. Notice. Upon receipt of the application, the court shall assign a time for a hearing not later than seven business days after the date the application was filed. A copy of the application and physician's certificate and the notice of the hearing, shall be served, by a state marshal, constable or indifferent person not later than three business days before the hearing on the respondent, unless the respondent is in a facility, in which case such notice shall be by regular mail. Such notice shall inform such respondent that he or she has a right to be present at the hearing, that he or she has the right to counsel and, if indigent, to have counsel appointed to represent him or her, and that such respondent has a right to cross-examine witnesses testifying at any hearing upon that application. The court shall cause a recording of the testimony of such hearing to be made, to be transcribed only in the event of an appeal from the decree rendered pursuant to this section. A copy of such transcript shall be furnished without charge to any appellant whom the Court of Probate finds is unable to pay for the same. The cost of said transcript shall be paid from funds appropriated to the Judicial Department. The court shall cause notice of said hearing to be given by regular mail to the respondent's next of kin, a parent or legal guardian if the respondent is a minor, the administrator of the treatment facility if the respondent has been committed for emergency treatment pursuant to section 17a-684 , and the administrator of the treatment facility to which the respondent is to be admitted. The court may order such notice as it directs to other persons having an interest in the respondent. If the court finds such respondent is indigent or otherwise unable to pay for counsel, the court shall appoint counsel for such respondent, unless such respondent refuses counsel and the court finds that the respondent understands the nature of such refusal. The court shall appoint counsel for the respondent from a panel of attorneys admitted to practice in this state provided by the Probate Court Administrator in accordance with regulations promulgated by the Probate Court Administrator in accordance with section 45a-77 . The reasonable compensation of appointed counsel shall be established by, and paid from funds appropriated to, the Judicial Department. If funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund. Prior to such hearing such respondent, or the respondent's counsel, in accordance with the provisions of sections 52-146d to 52-146i , inclusive, shall be afforded access to all records, including without limitation, hospital records if such respondent is hospitalized, and shall be entitled to take notes therefrom. If such respondent is hospitalized at the time of the hearing, the hospital shall make available at such hearing for use by the respondent or the respondent's counsel all records in its possession relating to the condition of the respondent. Notwithstanding the provisions of sections 52-146d to 52-146i , inclusive, all such hospital records directly relating to the respondent shall be admissible at the request of any party or the Probate Court in any proceeding relating to the confinement to or release from a hospital or treatment facility. Nothing in this section shall prevent timely objections to the admissibility of evidence in accordance with the rules of civil procedure.

(d) Commitment order. If, after hearing all relevant evidence, including the results of any diagnostic examination, the court finds, by clear and convincing evidence, that the respondent is an alcohol-dependent person or a drug-dependent person who is dangerous to himself or herself or dangerous to others when he or she is an intoxicated person or who is gravely disabled, it shall make an order of commitment to a treatment facility for inpatient treatment for a period of not less than thirty nor more than one hundred eighty days. The court may not order commitment of a respondent unless it determines that the treatment facility is able to provide adequate and appropriate treatment for such respondent and that the treatment is likely to be beneficial. In any proceeding pursuant to this subsection, the provisions of section 17a-686 shall apply.

(e) Expiration of commitment period. A person committed under this section shall remain in the custody of the administrator of the treatment facility for inpatient treatment for the commitment period unless sooner discharged under the provisions of subsection (k) of this section by the administrator of the treatment facility. At the end of the commitment period, a person committed under this section shall be discharged automatically unless the administrator, before expiration of the period, obtains a court order for recommitment pursuant to the provisions of subsection (f) of this section for inpatient treatment. When the person is discharged, the administrator shall, if recommended by the medical officer of the facility, refer the person to an outpatient treatment facility for treatment pursuant to the provisions of subsection (j) of this section.

(f) Application for recommitment. The administrator of an inpatient treatment facility, before expiration of the commitment period ordered in subsection (d) of this section, or the administrator of an outpatient treatment facility, before expiration of the outpatient treatment period set forth in subsection (j) of this section, may, on the advice of the medical officer of the facility, make application to the court for recommitment of the person to a treatment facility for inpatient treatment. An application for recommitment shall allege that the respondent is an alcohol-dependent person or a drug-dependent person who needs further inpatient treatment and is likely to benefit from such treatment, and, if the respondent is in an outpatient facility, that the respondent is not successfully participating in the outpatient program.

(g) Recommitment hearing date. Notice. Upon the receipt of an application for recommitment under subsection (f) of this section, the court shall assign a time for hearing no later than ten business days after the date the application was filed. A copy of the application and of the notice of the hearing, including the date fixed by the court, shall be sent by regular mail at least seven days before the hearing, to the respondent, the respondent's next of kin, the original applicant under subsection (a) of this section if different from the applicant for recommitment, the respondent's parents or legal guardian if the respondent is a minor, the administrator of the treatment facility to which the respondent is admitted or to be admitted and any other person the court believes advisable. The applicant shall be notified of the hearing date not later than three business days before the hearing.

(h) Recommitment order. If after hearing all relevant evidence, including the results of any diagnostic examination, the court finds, by clear and convincing evidence, that the respondent is an alcohol-dependent person or a drug-dependent person who needs further inpatient treatment and who is likely to benefit from such treatment, and, if the respondent is in an outpatient treatment facility, that the respondent is not successfully participating in the outpatient program, it shall make an order of recommitment to an inpatient treatment facility for treatment for a period of not less than thirty nor more than one hundred eighty days. The court may not order recommitment of a respondent unless it determines that the treatment facility is able to provide adequate and appropriate treatment for such respondent and that the treatment is likely to be beneficial. The court shall not make more than one recommitment order immediately following an original commitment order under subsection (d) of this section nor more than one recommitment order from an outpatient treatment facility. In any proceeding pursuant to this subsection, the provisions of section 17a-686 shall apply.

(i) Expiration of recommitment period. A person recommitted under subsection (h) of this section who has not been discharged before the end of the recommitment period shall be discharged automatically at the expiration of that period. When the recommitted person is discharged, the administrator of the treatment facility shall, if advised to do so by the medical officer of the facility, refer the person to an outpatient treatment facility for treatment pursuant to the provisions of subsection (j) of this section.

(j) Outpatient treatment after commitment or recommitment period. A person referred to an outpatient treatment facility pursuant to the provisions of subsection (e) or (i) of this section shall remain in outpatient treatment for a period of twelve months unless sooner discharged by the administrator of the treatment facility, on the advice of the medical officer of the facility, or unless, before expiration of the period of outpatient treatment, the administrator obtains a court order of recommitment for inpatient treatment as provided in subsection (h) of this section.

(k) Discharge before expiration of commitment period. The administrator of a treatment facility, on the advice of the medical officer, shall discharge a person committed or recommitted for treatment at any time before the end of the period for which such person has been committed if the person is no longer an alcohol-dependent person or a drug-dependent person in need of further treatment, further treatment will not be likely to bring about significant improvement in the person's condition or treatment is no longer adequate or appropriate.

(l) Application to terminate commitment. If a committed or recommitted person has not been discharged pursuant to subsection (k) of this section, any responsible person, including the committed or recommitted person, may make application to the Probate Court for termination of commitment or recommitment and discharge from the treatment facility. The application shall allege that the committed or recommitted person is no longer an alcohol-dependent person or a drug-dependent person in need of further treatment, that further treatment will not be likely to bring about significant improvement in the person's condition or that treatment is no longer adequate or appropriate. Upon receipt of any such application, such court shall assign a time, not later than ten business days thereafter, and a place for hearing such application, and shall cause reasonable notice thereof to be given to the applicant, the administrator of the treatment facility and any other person the court deems advisable. Such notice shall inform the applicant that he or she has the right to be present at the hearing and to present evidence at the hearing, that he or she has a right to counsel, that he or she, if indigent, has a right to have counsel appointed to represent him or her, and that such applicant has a right to cross-examine witnesses at any hearing on such application. The provisions of section 17a-686 shall apply. If, after hearing, the court determines that the grounds alleged in the application exist, it shall order termination of the commitment or recommitment and discharge of the committed or recommitted person, except that the court may not order the discharge of an alcohol-dependent person or drug-dependent person who the court determines is likely to become dangerous to himself or herself or dangerous to others when he is an intoxicated person.

(m) Temporary leave from treatment facility. The administrator of a treatment facility to which a committed or recommitted person has been committed or recommitted may, under such restrictions or agreements as the administrator deems advisable and on the advice of the medical officer of the facility, permit the person to leave the treatment facility temporarily, in the charge of such person's guardian, conservator, relatives or friends, or by himself or herself.

(n) Expenses. All the expenses in connection with an application filed under sections 17a-684 to 17a-686 , inclusive, shall be paid by the applicant, unless the applicant is indigent, in which case such expenses shall be paid by the state from funds appropriated to the Department of Mental Health and Addiction Services in accordance with rates established by said department, and attorney's fees shall be established by, and paid from funds appropriated to, the Judicial Department. If funds have not been included in the budget of the Judicial Department for such attorney's fees, such fees shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund, provided in no event shall the expenses under subsection (l) of this section be paid for any one applicant for more than two hearings per year.

Annotation to former section 17-155y:

Cited. 169 C. 13.
Conn. Gen. Stat. § 17b-27c — Connecticut Code / Title 17b / Chapter 319o / Section 17b-27c
Sec. 17b-27c. Connecticut Fatherhood Initiative. Council. Establishment. Duties. Membership. Funding. Grants. Reporting.
Status: in_force

(b) The membership of the council shall consist of:

(1) The Commissioner of Social Services, or the commissioner's designee;

(2) The Commissioner of Children and Families, or the commissioner's designee;

(3) The Commissioner of Correction, or the commissioner's designee;

(4) The Commissioner of Early Childhood, or the commissioner's designee;

(5) The Commissioner of Education, or the commissioner's designee;

(6) The Commissioner of Developmental Services, or the commissioner's designee;

(7) The Commissioner of Housing, or the commissioner's designee;

(8) The Labor Commissioner, or the commissioner's designee;

(9) The Commissioner of Mental Health and Addiction Services, or the commissioner's designee;

(10) The Commissioner of Public Health, or the commissioner's designee;

(11) The Commissioner of Veterans Affairs, or the commissioner's designee;

(12) The chairperson of the Board of Pardons and Parole, or the chairperson's designee;

(13) The director of the Support Enforcement Services Division and the executive director of the Court Support Services Division of the Judicial Branch, or their designees;

(14) The Chief Family Support Magistrate, or the Chief Family Support Magistrate's designee;

(15) The chancellor of the Connecticut State Colleges and Universities, or the chancellor's designee;

(16) The director of the Office of Child Support Services within the Department of Social Services, or the director's designee; and

(17) Eleven members appointed by the Commissioner of Social Services, including:

(A) One with expertise in the area of legal assistance to low-income populations;

(B) One representative of the Governor's Workforce Council;

(C) One representative of a regional workforce development board;

(D) One member with expertise in family relations;

(E) One or more representatives of a local fatherhood program;

(F) One member with expertise in male mental and physical health;

(G) One member representing the interests of custodial parents;

(H) One member representing the interests of noncustodial parents;

(I) One member representing the interests of children;

(J) One member with expertise in the area of domestic violence; and

(K) One member with expertise in child development.

(c) The Commissioner of Social Services shall serve as a chairperson of the council and shall designate a cochairperson from among the membership of the council. The commissioner shall convene the council not later than June 26, 2022, and the council shall meet at least quarterly thereafter. The commissioner shall fill any vacancy of seats under subdivision (17) of subsection (b) of this section.

(d) The Commissioner of Social Services may designate a working group from among the members of the council to carry out specific duties required under this section and section 17b-27b . The commissioner shall seek the advice and participation of any person, organization or state or federal agency the commissioner deems necessary to carry out the provisions of this section and section 17b-27b .

(e) The Commissioner of Social Services, in consultation with the council and within available resources, shall apply for any available federal and private funds for programs that promote CFI objectives in accordance with this section and section 17b-27b . The commissioner shall award grants from any such available funds to entities that provide (1) employment and training opportunities for low-income fathers to increase the earning capacity of such fathers; (2) classes in parenting and financial literacy; and (3) other support services and programs that promote responsible parenting, economic stability and communication and interaction between fathers and their children.

(f) Applicants for grants provided pursuant to subsection (e) of this section shall apply to the Commissioner of Social Services at such time and in such manner as prescribed by the commissioner. The commissioner shall, in consultation with the council, establish criteria for eligibility for grants and for the awarding of grants. At a minimum, the commissioner shall require grantees to (1) implement accountability measures and results-based outcomes as a condition of being awarded a grant; (2) leverage funds through existing resources and collaboration with community-based and nonprofit organizations; and (3) consult with experts in domestic violence to ensure that, when appropriate, the programs and services provided to fathers and families pursuant to this section and section 17b-27b address issues concerning domestic violence.

(g) Not later than December 1, 2022, and annually thereafter, the commissioner, in consultation with the council, shall report, in accordance with section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, human services and children on the grant program's effectiveness in achieving CFI objectives.
Conn. Gen. Stat. § 17a-693 — Connecticut Code / Title 17a / Chapter 319j / Section 17a-693
Sec. 17a-693. (Formerly Sec. 19a-127b). Order for examination for alcohol or drug dependency.
Status: in_force

Annotations to former section 17a-650:

Cited. 223 C. 907; 226 C. 191.

Cited. 27 CA 225.
Conn. Gen. Stat. § 17b-349 — Connecticut Code / Title 17b / Chapter 319y / Section 17b-349
Sec. 17b-349. (Formerly Sec. 17-314i). Adjustment of rates of payment to community health centers participating in Medicaid program.
Status: in_force

(b) For the fiscal year ending June 30, 1998, any grant awards made to a community health center or its successor for the purpose of supporting the community health center infrastructure services to the uninsured or expansion initiative projects shall be equivalent to base grant awards made in the fiscal year ending June 30, 1997, provided, if any portion of the amount is not required by a given community health center, the differential shall be distributed among all the other health centers according to their share of total funding.

(c) For the fiscal year ending June 30, 1999, any grant awards made to a community health center or its successor for the purpose of supporting the community health center infrastructure services to the uninsured or expansion initiative projects shall be equivalent to base grant awards made in the fiscal year ending June 30, 1997, provided, if any portion of the amount is not required by a given community health center, the differential shall be distributed among all the other health centers according to their share of total funding.

(d) For the fiscal year ending June 30, 2000, any grant awards made to a community health center or its successor for the purpose of supporting the community health center infrastructure services to the uninsured or expansion initiative projects shall be equivalent to base grant awards made in the fiscal year ending June 30, 1999, provided, if any portion of the amount is not required by a given community health center, the differential shall be distributed among all the other health centers according to their share of total funding.

(e) For the fiscal year ending June 30, 2001, any grant awards made to a community health center or its successor for the purpose of supporting the community health center infrastructure services to the uninsured or expansion initiative projects shall be equivalent to base grant awards made in the fiscal year ending June 30, 1999, provided, if any portion of the amount is not required by a given community health center, the differential shall be distributed among all the other health centers according to their share of total funding.

(f) For the fiscal year ending June 30, 2002, any grant awards made to a community health center or its successor for the purpose of supporting the community health center infrastructure services to the uninsured or expansion initiative projects shall be in the same proportion to its grant award made in the fiscal year ending June 30, 2001, as the total appropriation for such grant awards for the fiscal year ending June 30, 2002, is to the total appropriation for such grant awards for the prior fiscal year, provided, if any portion of the amount is not required by a given community health center, the differential shall be distributed among all the other health centers according to their share of total funding.

(g) For the fiscal year ending June 30, 2003, any grant awards made to a community health center or its successor for the purpose of supporting the community health center infrastructure services to the uninsured or expansion initiative projects shall be in the same proportion to its grant award made in the fiscal year ending June 30, 2002, as the total appropriation for such grant awards for the fiscal year ending June 30, 2003, is to the total appropriation for such grant awards for the prior fiscal year, provided, if any portion of the amount is not required by a given community health center, the differential shall be distributed among all the other health centers according to their share of total funding.

(h) For the fiscal year ending June 30, 2004, any grant awards made to a community health center or its successor for the purpose of supporting the community health center infrastructure services to the uninsured or expansion initiative projects shall be in the same proportion to its grant award made in the fiscal year ending June 30, 2003, as the total appropriation for such grant awards for the fiscal year ending June 30, 2004, is to the total appropriation for such grant awards for the prior fiscal year, provided, if any portion of the amount is not required by a given community health center, the differential shall be distributed among all the other health centers according to their share of total funding.

(i) For the fiscal year ending June 30, 2005, any grant awards made to a community health center or its successor for the purpose of supporting the community health center infrastructure services to the uninsured or expansion initiative projects shall be in the same proportion to its grant award made in the fiscal year ending June 30, 2004, as the total appropriation for such grant awards for the fiscal year ending June 30, 2005, is to the total appropriation for such grant awards for the prior fiscal year, provided, if any portion of the amount is not required by a given community health center, the differential shall be distributed among all the other health centers according to their share of total funding.

See Sec. 19a-490a for definition of “community health center”.
Conn. Gen. Stat. § 17b-242 — Connecticut Code / Title 17b / Chapter 319v / Section 17b-242
Sec. 17b-242. (Formerly Sec. 17-313). Payments to home health care agencies and home health aide agencies. Appeals. Hearings. Authorized practitioners. Regulations.
Status: in_force

(b) The Department of Social Services shall monitor the rates charged by home health care agencies and home health aide agencies. Such agencies shall file annual cost reports and service charge information with the department.

(c) The home health services fee schedule shall include a fee for the administration of medication, which shall apply when the purpose of a nurse's visit is limited to the administration of medication. Administration of medication may include, but is not limited to, blood pressure checks, glucometer readings, pulse rate checks and similar indicators of health status. The fee for medication administration shall include administration of medications while the nurse is present, the pre-pouring of additional doses that the client will self-administer at a later time and the teaching of self-administration. The department shall not pay for medication administration in addition to any other nursing service at the same visit. The department may establish prior authorization requirements for this service. Before implementing such change, the Commissioner of Social Services shall consult with the chairpersons of the joint standing committees of the General Assembly having cognizance of matters relating to public health and human services. The commissioner shall monitor Medicaid home health care savings achieved through the implementation of nurse delegation of medication administration pursuant to section 19a-492e . If, by January 1, 2016, the commissioner determines that the rate of savings is not adequate to meet the annualized savings assumed in the budget for the biennium ending June 30, 2017, the department may reduce rates for medication administration as necessary to achieve the savings assumed in the budget. Prior to any rate reduction, the department shall report to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies and human services provider specific cost and utilization trend data for those patients receiving medication administration. Should the department determine it necessary to reduce medication administration rates under this section, it shall examine the possibility of establishing a separate Medicaid supplemental rate or a pay-for-performance program for those providers, as determined by the commissioner, who have established successful nurse delegation programs.

(d) The home health services fee schedule established pursuant to subsection (c) of this section shall include rates for psychiatric nurse visits.

(e) The Department of Social Services, when processing or auditing claims for reimbursement submitted by home health care agencies and home health aide agencies shall, in accordance with the provisions of chapter 15, accept electronic records and records bearing the electronic signature of a licensed physician or licensed practitioner of a healthcare profession that has been submitted to the home health care agency or home health aide agency.

(f) If the electronic record or signature that has been transmitted to a home health care agency or home health aide agency is illegible or the department is unable to determine the validity of such electronic record or signature, the department shall review additional evidence of the accuracy or validity of the record or signature, including, but not limited to, (1) the original of the record or signature, or (2) a written statement, made under penalty of false statement, from (A) the licensed physician or licensed practitioner of a health care profession who signed such record, or (B) if such licensed physician or licensed practitioner of a health care profession is unavailable, the medical director of the agency verifying the accuracy or validity of such record or signature, and the department shall make a determination whether the electronic record or signature is valid.

(g) The Department of Social Services, when auditing claims submitted by home health care agencies and home health aide agencies, shall consider any signature from a licensed physician or licensed practitioner of a health care profession that may be required on a plan of care for home health services, to have been provided in timely fashion if (1) the document bearing such signature was signed prior to the time when such agency seeks reimbursement from the department for services provided, and (2) verbal or telephone orders from the licensed physician or licensed practitioner of a health care profession were received prior to the commencement of services covered by the plan of care and such orders were subsequently documented. Nothing in this subsection shall be construed as limiting the powers of the Commissioner of Public Health to enforce the provisions of sections 19-13-D73 and 19-13-D74 of the regulations of Connecticut state agencies and 42 CFR 484.18(c).

(h) Any order for home health care services covered by the Department of Social Services may be issued by any licensed practitioner authorized to issue such an order pursuant to section 19a-496a . Any Department of Social Services regulation, policy or procedure that applies to a physician who orders such home health care services, including related provisions such as review and approval of care plans for home health care services, shall apply to any licensed practitioner authorized to order such home health care services pursuant to section 19a-496a .

(i) For purposes of this section, “licensed practitioner of a healthcare profession” has the same meaning as “licensed practitioner” in section 21a-244a .
Conn. Gen. Stat. § 17a-273 — Connecticut Code / Title 17a / Chapter 319c / Section 17a-273
Sec. 17a-273. (Formerly Sec. 19a-468). Advisory and planning councils for state developmental services regions.
Status: in_force

(b) Each such council shall consist of at least ten members appointed from the state developmental services region. No employee of any state agency engaged in the care or training of individuals with intellectual disability shall be eligible for appointment. At least one member shall be designated by a local chapter of the Arc of Connecticut in the region. At least one member shall be an individual who is eligible for and receives services from the Department of Developmental Services. At least two members shall be a relative of an individual with intellectual disability. Members shall be appointed for terms of three years. No member may serve more than two consecutive terms, except a member may continue to serve until a successor is appointed. Each council shall appoint annually, from among its members, a chairperson, vice-chairperson and secretary. The council may make rules for the conduct of its affairs. The director of the region shall be an ex-officio member of the council without vote and shall attend its meetings.

(c) The council shall meet at least six times a year and at other times upon the call of the chair or the director of the state developmental services region or on the written request of any two members. A majority of the council members in office shall constitute a quorum. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office.
Conn. Gen. Stat. § 17b-733 — Connecticut Code / Title 17b / Chapter 319rr / Section 17b-733
Sec. 17b-733. (Formerly Sec. 17-585(a)). Office of Early Childhood designated lead agency for child care services.
Status: in_force

Annotation to former section 17-585:

Cited. 31 CA 359.
Conn. Gen. Stat. § 17a-106f — Connecticut Code / Title 17a / Chapter 319a / Section 17a-106f
Sec. 17a-106f. Trafficking of minor children. Child welfare services. Training for law enforcement officials.
Status: in_force

(b) The Commissioner of Children and Families may, within available appropriations, provide training to law enforcement officials regarding the trafficking of minor children. The training shall include, but not be limited to, (1) awareness and compliance with the laws and protocols concerning trafficking of minor children, (2) identification of, access to and provision of services for minor children who are victims of trafficking, and (3) any other services the department deems necessary to carry out the provisions of this section and section 17a-106a .
Conn. Gen. Stat. § 17b-454 — Connecticut Code / Title 17b / Chapter 319dd / Section 17b-454
Sec. 17b-454. (Formerly Sec. 17a-434). Disclosure of protected health information and other information. Authority of commissioner.
Status: in_force

See Sec. 19a-534 re emergency transfer of patients to other facilities.

See Sec. 19a-535 re transfer or discharge of patients.

Annotation to former section 46a-18:

Cited. 199 C. 524.
Conn. Gen. Stat. § 17a-453j — Connecticut Code / Title 17a / Chapter 319i / Section 17a-453j
Sec. 17a-453j. Program for persons diagnosed with recent-onset schizophrenia spectrum disorder. Report.
Status: in_force

(b) The program established pursuant to subsection (a) of this section shall perform the following functions:

(1) Develop structured curricula, online resources and videoconferencing-based case conferences to disseminate information for the development of knowledge and skills relevant to patients with first-episode psychosis and such patients' families;

(2) Assess and improve the quality of early intervention services available to persons diagnosed with a recent-onset schizophrenic spectrum disorder across the state;

(3) Provide expert input on complex cases of a recent-onset schizophrenic spectrum disorder and launch a referral system for consultation with persons having expertise in treating such disorders;

(4) Share lessons and resources from any campaigns aimed at reducing the duration of untreated psychosis to improve local pathways to care for persons with such disorders;

(5) Serve as an incubator for new evidence-based treatment approaches and pilot such approaches for deployment across the state;

(6) Advocate for policies addressing the financing, regulation and provision of services for persons with such disorders; and

(7) Collaborate with state agencies to improve outcomes for persons diagnosed with first-episode psychosis in areas including, but not limited to, crisis services and employment services.

(c) Not later than January 1, 2025, and annually thereafter, the Commissioner of Mental Health and Addiction Services shall report, in accordance with the provisions of section 11-4a , to the joint standing committee of the General Assembly having cognizance of matters relating to public health, regarding the functions and outcomes of the program for specialized treatment early in psychosis and any recommendations for legislation to address the needs of persons diagnosed with recent-onset schizophrenic spectrum disorders.
Conn. Gen. Stat. § 17b-229 — Connecticut Code / Title 17b / Chapter 319v / Section 17b-229
Sec. 17b-229. (Formerly Sec. 17-299). Liability for prior charges.
Status: in_force

(b) The provisions of sections 17a-502 , 17b-222 , 17b-223 , 17b-228 , 17b-232 , 17b-745 , 46b-215 and 53-304 shall not affect or impair the responsibility of any patient or patient's estate for his care in a state humane institution prior to July 1, 1955, and the same may be enforced by any action by which such responsibility would have been enforceable prior to July 1, 1955, but only to the extent of that portion of such estate (1) that may be charged pursuant to section 4a-12 , and (2) that is not needed for the support of the spouse, parents and dependent children of such patient.
Conn. Gen. Stat. § 17a-10e — Connecticut Code / Title 17a / Chapter 319 / Section 17a-10e
Sec. 17a-10e. Children in Care Bill of Rights and Expectations. Meeting between caseworker and child.
Status: in_force

(b) The Children in Care Bill of Rights and Expectations ensures that, absent extraordinary circumstances related to a child's health or safety or unless otherwise indicated in a case plan prepared pursuant to section 17a-15 for a child, any child placed in out-of-home care by the Commissioner of Children and Families pursuant to an order of temporary custody or commitment has the right to:

(1) Develop and maintain the child's own values, hopes, goals, religion, spirituality and identity, including, but not limited to, racial, sexual and gender identity, in a safe and caring environment;

(2) Visitation or ongoing contact with the child's parents, siblings, extended family and friends, and assistance in connecting or reconnecting with the child's birth family if desired;

(3) Be placed in a safe environment in the child's home community and preplacement visits to such placement when possible;

(4) Meaningful participation in the development of the child's case plan pursuant to section 17a-15 and permanency plan pursuant to sections 17a-11 , 17a-111b and 46b-129 , including, but not limited to, the ability to participate in and select individuals of the child's choice to participate in meetings concerning such plans;

(5) Meaningful and regular in-person contact with the child's caseworker, who shall respond to the child's telephone calls and correspondence in a timely manner; and

(6) Stability and support in all aspects of the child's education.

(c) The Children in Care Bill of Rights and Expectations ensures that, absent extraordinary circumstances related to a child's health or safety or unless otherwise indicated in a child's case plan, the guardian or guardians of each child placed in out-of-home care by the Commissioner of Children and Families pursuant to an order of temporary custody or commitment shall:

(1) Maintain a healthy relationship with the child by emphasizing trust, understanding, empathy and communication;

(2) Set appropriate boundaries with respect to curfews, homework and household responsibilities in order to provide a stable living environment;

(3) Assist the child in building life skills, including, but not limited to, grocery shopping and cooking meals, personal financial management and washing laundry;

(4) Assist the child in obtaining legal documents and licenses, including, but not limited to, a birth certificate, Social Security card, state identification card and motor vehicle operator's license;

(5) Assist the child in participating in extracurricular and personal enrichment activities and obtaining networking and employment skills;

(6) Apply the same age-appropriate household rules and provide the same opportunities to all children residing in the home, including, but not limited to, participation in family activities and vacations;

(7) Participate in therapy sessions with the child upon request or when appropriate;

(8) Participate in additional foster parent training programs when possible; and

(9) Permit the child to have age-appropriate personal privacy and privacy with respect to personal items and communications, including, but not limited to, journals, diaries, letters, electronic mail, telephone calls and text messages.

(d) The caseworker of any child placed in an out-of-home placement by the Commissioner of Children and Families pursuant to an order of temporary custody or commitment shall meet in private with the child annually and any time the child is placed in a new out-of-home placement, provided the child is of an appropriate age. At such meeting, the caseworker shall: (1) Provide the child with a copy of the Children in Care Bill of Rights and Expectations, (2) review the Children in Care Bill of Rights and Expectations with the child, (3) explain to the child that the child may contact the caseworker, the child's attorney, the Department of Children and Families regional office, the Office of Community Relations within the Department of Children and Families or the Office of the Child Advocate if the child feels that his or her rights have been violated or expectations have not been met under the Children in Care Bill of Rights and Expectations, and provide the child with contact information for such caseworker, such regional office, the Office of Community Relations within the Department of Children and Families and the Office of the Child Advocate, and (4) explain to the child that if the child is in physical danger or experiences a medical emergency, the child may dial or send a text message to 9-1-1. The caseworker shall certify to the commissioner on a form prescribed by the commissioner that such caseworker has complied with the provisions of this subsection. Such form shall include (A) an acknowledgment, for signature by the child, if appropriate, that such caseworker provided a copy of the Children in Care Bill of Rights and Expectations to the child and reviewed the Children in Care Bill of Rights and Expectations with the child, and (B) notice that, if the child refuses to sign such acknowledgment, such caseworker shall indicate on the form that the child refused to sign such acknowledgment.
Conn. Gen. Stat. § 17b-87 — Connecticut Code / Title 17b / Chapter 319s / Section 17b-87
Sec. 17b-87. (Formerly Sec. 17-82l). Discontinuance of aid after removal from state.
Status: in_force

Annotation to former section 17-82 l :

Statute construed as not to deny AFDC beneficiaries who have moved from Connecticut their entitlement to benefits accrued prior to removal. 174 C. 8.
Conn. Gen. Stat. § 17a-22c — Connecticut Code / Title 17a / Chapter 319 / Section 17a-22c
Sec. 17a-22c. Performance measures for Connecticut Community KidCare. Curricula and training.
Status: in_force

(b) The Commissioner of Children and Families shall develop and implement, within available appropriations, culturally appropriate and competency-based curricula including best practices for the care of children and youths with, or at risk of, behavioral health needs and offer training to all willing persons involved in Connecticut Community KidCare, including, but not limited to, employees in education and child care and appropriate employees within the judicial system.
Conn. Gen. Stat. § 17b-323 — Connecticut Code / Title 17b / Chapter 319x / Section 17b-323
Sec. 17b-323. Request for waiver of federal requirements re uniform and broad-based user fees.
Status: in_force

See Ch. 211c re request and approval for exemption from nursing home user fee.
Conn. Gen. Stat. § 17a-674a — Connecticut Code / Title 17a / Chapter 319j / Section 17a-674a
Sec. 17a-674a. 9-8-8 Suicide Prevention and Mental Health Crisis Lifeline Fund. Report.
Status: in_force

(b) The following moneys shall be deposited in, or transferred to, the 9-8-8 Suicide Prevention and Mental Health Crisis Lifeline Fund: (1) Any appropriation made by the General Assembly to the Department of Mental Health and Addiction Services for deposit in the fund; (2) any grants or gifts intended for deposit in the fund; and (3) interest, premiums, gains or other earnings on the fund.

(c) Moneys remaining in the 9-8-8 Suicide Prevention and Mental Health Crisis Lifeline Fund (1) shall not revert to the General Fund at the end of any fiscal year and remain available in subsequent fiscal years for the purposes described in subsection (a) of this section, and (2) shall not be subject to transfer to any other fund, or to transfer, assignment or reassignment for any purpose other than the purposes described in subsection (a) of this section.

(d) On or before January 1, 2024, and annually thereafter, the Commissioner of Mental Health and Addiction Services shall report, in accordance with the provisions of section 11-4a , on the deposits and expenditures of the 9-8-8 Suicide Prevention and Mental Health Crisis Lifeline Fund to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, public health, human services and children.
Conn. Gen. Stat. § 17a-498 — Connecticut Code / Title 17a / Chapter 319i / Section 17a-498
Sec. 17a-498. (Formerly Sec. 17-178). Hearing on commitment application. Notice. Rights of respondent. Examination by physicians. Order of commitment. Election of voluntary status prior to adjudication. Review of confinement.
Status: in_force

(b) (1) If the court finds such respondent is indigent or otherwise unable to pay for counsel, the court shall appoint counsel for such respondent, unless such respondent refuses counsel and the court finds that the respondent understands the nature of his or her refusal. The court shall provide such respondent a reasonable opportunity to select his or her own counsel to be appointed by the court. If the respondent does not select counsel or if counsel selected by the respondent refuses to represent such respondent or is not available for such representation, the court shall appoint counsel for the respondent from a panel of attorneys admitted to practice in this state provided by the Probate Court Administrator in accordance with regulations promulgated by the Probate Court Administrator in accordance with section 45a-77 . The reasonable compensation of appointed counsel shall be established by, and paid from funds appropriated to, the Judicial Department, except that if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.

(2) Prior to such hearing, such respondent or his or her counsel, in accordance with the provisions of sections 52-146d to 52-146i , inclusive, shall be afforded access to all records including, but not limited to, hospital records if such respondent is hospitalized, and shall be entitled to take notes from any of such records. If such respondent is hospitalized at the time of the hearing, the hospital shall make available at such hearing for use by such hospitalized respondent or his or her counsel all records in its possession relating to the condition of such hospitalized respondent. Notwithstanding the provisions of sections 52-146d to 52-146i , inclusive, and subject to the rules of evidence as provided in subsection (h) of this section, all such hospital records directly relating to the hospitalized respondent shall be admissible at the request of any party or the Probate Court in any proceeding relating to confinement to or release from a hospital for psychiatric disabilities.

(c) (1) The court shall require the certificates, signed under penalty of false statement, of at least two impartial physicians selected by the court, one of whom shall be a practicing psychiatrist, and each of whom shall be licensed to practice medicine in the state of Connecticut and shall have been a practitioner of medicine for at least one year and shall not be connected with the hospital for psychiatric disabilities to which the application is being made, or related by blood or marriage to the applicant, or to the respondent. Such certificates shall indicate that the physicians have personally examined the respondent not more than ten days prior to such hearing. The court shall appoint such physicians from a list of physicians and psychiatrists provided by the Commissioner of Mental Health and Addiction Services and such appointments shall be made in accordance with regulations promulgated by the Probate Court Administrator in accordance with section 45a-77 . Each such physician shall make a report on a separate form provided for that purpose by the Probate Court Administrator and shall answer such questions as may be set forth on such form as fully and completely as reasonably possible. Such form shall include, but not be limited to, questions relating to the specific psychiatric disabilities alleged, whether or not the respondent is dangerous to himself or herself or others, whether or not such illness has resulted or will result in serious disruption of the respondent's mental and behavioral functioning, whether or not hospital treatment is both necessary and available, whether or not less restrictive placement is recommended and available and whether or not the respondent is incapable of understanding the need to accept the recommended treatment on a voluntary basis. Each such physician shall state upon the form the reasons for his or her opinions. Such respondent or his or her counsel shall have the right to present evidence and cross-examine witnesses who testify at any hearing on the application. If such respondent notifies the court not less than three days before the hearing that he or she wishes to cross-examine the examining physicians, the court shall order such physicians to appear.

(2) The court shall cause a recording of the testimony of such hearing to be made, to be transcribed only in the event of an appeal from the decree rendered under this section. A copy of such transcript shall be furnished without charge to any appellant whom the Probate Court finds unable to pay for such copy. The cost of such transcript shall be paid from funds appropriated to the Judicial Department.

(3) If the court finds by clear and convincing evidence that the respondent has psychiatric disabilities and is dangerous to himself or herself or others or gravely disabled, the court shall make an order for his or her commitment, considering whether or not a less restrictive placement is available, to a hospital for psychiatric disabilities to be named in such order, there to be confined for the period of the duration of such psychiatric disabilities or until he or she is discharged or converted to voluntary status pursuant to section 17a-506 in due course of law. Such court order shall further command some suitable person to convey such person to such hospital for psychiatric disabilities and deliver him or her, with a copy of such order and of such certificates, to the keeper thereof. In appointing a person to execute such order, the court shall give preference to a near relative or friend of the person with psychiatric disabilities, so far as the court deems it practicable and judicious. Notice of any action taken by the court shall be given to the respondent and his or her attorney, if any, in such manner as the court concludes would be appropriate under the circumstances.

(d) If the respondent refuses to be examined by the court-appointed physicians as provided in subsection (c) of this section, the court may issue a warrant for the apprehension of the respondent and a police officer for the town in which such court is located or if there is no such police officer then the state police shall deliver the respondent to a general hospital where the respondent shall be examined by two physicians, one of whom shall be a practicing psychiatrist, in accordance with subsection (c) of this section. If as a result of such examination, the respondent is committed under section 17a-502 , transportation of the respondent to any such hospital, if such respondent is a female, shall be in accordance with the provisions of section 17a-505 . If the respondent is not committed under section 17a-502 , the respondent shall be released and the reports of such physicians shall be sent to the Probate Court to satisfy the requirement of examination by two physicians under subsection (c) of this section.

(e) The respondent shall be given the opportunity to elect voluntary status under section 17a-506 at any time prior to adjudication of the application, subject to the following provisions: (1) In the event that a patient is in the hospital, the patient shall be informed by a member of the hospital staff within twenty-four hours prior to the time an application is filed with the court, that he or she may continue in the hospital on a voluntary basis under the provisions of section 17a-506 , and any application for involuntary commitment by the hospital shall include a statement that such voluntary status has been offered to the respondent and refused, and (2) in the event that a respondent is not hospitalized, the notice of hearing shall inform the respondent that the respondent has the right to enter the hospital on a voluntary basis under the provisions of section 17a-506 , and, if the respondent enters the hospital under section 17a-506 , the application for involuntary commitment shall be withdrawn. When any patient who has elected voluntary status following the filing of an application but prior to adjudication in any proceeding for involuntary commitment thereafter notifies the hospital that he or she wants to be released, a new application for involuntary commitment may be filed. If such new application is filed not later than forty-five days after the patient's election of voluntary status on a prior application, the application for involuntary commitment may, at the discretion of the judge, be heard on the merits, notwithstanding the patient's subsequent request to remain a voluntary patient under the provisions of section 17a-506 . Notwithstanding the provisions of sections 17a-29 , 17a-540 , 17a-543 , 17a-544 , subsection (f) of section 17a-547 and section 17a-548 , if a patient under section 17a-506 refuses to accept medication or treatment in accordance with the treatment plan prescribed by the attending physician and such patient is imminently dangerous to himself or others, an application for involuntary commitment may be filed for such patient in accordance with the provisions of this section.

(f) The respondent shall be present at any hearing for his or her commitment under this section. If the respondent is medicated at that time, the hospital shall provide written notice to the court of such fact and of the common effects of such medication.

(g) The hospital shall notify each patient at least annually that such patient has a right to a further hearing pursuant to this section. If the patient requests such hearing, it shall be held by the Probate Court for the district in which the hospital is located. Any such request shall be immediately filed with the appropriate court by the hospital. After such request is filed with the Probate Court, it shall proceed in the manner provided in subsections (a), (b), (c) and (f) of this section. In addition, the hospital shall furnish the Probate Court for the district in which the hospital is located on a monthly basis with a list of all patients confined in the hospital involuntarily without release for one year since the last annual review under this section of the patient's commitment or since the original commitment. The hospital shall include in such notification the type of review the patient last received. If the patient's last annual review had a hearing, the Probate Court shall, within fifteen business days thereafter, appoint an impartial physician who is a psychiatrist from the list provided by the Commissioner of Mental Health and Addiction Services as set forth in subsection (c) of this section and not connected with the hospital in which the patient is confined or related by blood or marriage to the original applicant or to the respondent, which physician shall see and examine each such patient within fifteen business days after such physician's appointment and make a report forthwith to such court of the condition of the patient on forms provided by the Probate Court Administrator. If the Probate Court concludes that the confinement of any such patient should be reviewed by such court for possible release of the patient, the court, on its own motion, shall proceed in the manner provided in subsections (a), (b), (c) and (f) of this section, except that the examining physician shall be considered one of the physicians required by subsection (c) of this section. If the patient's last annual review did not result in a hearing, and in any event at least every two years, the Probate Court shall, within fifteen business days, proceed with a hearing in the manner provided in subsections (a), (b), (c) and (f) of this section. All costs and expenses, including Probate Court entry fees provided by statute, in conjunction with the annual psychiatric review and the judicial review under this subsection, except costs for physicians appointed pursuant to this subsection, shall be established by, and paid from funds appropriated to, the Judicial Department, except that if funds have not been included in the budget of the Judicial Department for such costs and expenses, such payment shall be made from the Probate Court Administration Fund. Compensation of any physician appointed to conduct the annual psychiatric review, to examine a patient for any hearing held as a result of such annual review or for any other biennial hearing required pursuant to sections 17a-75 to 17a-83 , inclusive, 17a-450 to 17a-483 , inclusive, 17a-495 to 17a-528 , inclusive, 17a-540 to 17a-550 , inclusive, 17a-560 to 17a-575 , inclusive, and 17a-615 to 17a-618 , inclusive, shall be paid by the state from funds appropriated to the Department of Mental Health and Addiction Services in accordance with rates established by the Department of Mental Health and Addiction Services.

(h) The rules of evidence applicable to civil matters in the Superior Court shall apply to hearings under this section.

See Sec. 17a-507 re admission to general hospital having psychiatric facilities.

Annotations to former section:

Father of insane person liable for expense incurred by town. 23 C. 356. Residence of pauper; what town chargeable with support. 69 C. 1. Pauper defined; history of law. 84 C. 549. Legal presumption of insanity created by commitment removed upon discharge; under insanity commitment, contracts of party committed are voidable only. 113 C. 604. No duty on trustee of beneficiary who was inmate in state institution to use discretionary trust fund for support of inmate. 133 C. 31. Town where pauper has settlement is liable at statutory rate for his care as a patient in a state hospital from time of the initial existence of his pauper status. 139 C. 469.

Former statute construed. 4 CS 286.

Annotations to former section 17-178:

Confinement rightly continued where dementia praecox patient threatened further self-mutilation because of religious delusions. 157 C. 56. Cited. 169 C. 13; 173 C. 473; 174 C. 464; 192 C. 520; Id., 532; 199 C. 609; 211 C. 591; 224 C. 168.

Cited. 43 CA 592.

Cited. 30 CS 320; 33 CS 193; Id., 268. Probate Court lacks jurisdiction over mental health commitment of children or youths; Superior Court has jurisdiction pursuant to Sec. 46b-121; commitment order for minor was null and void since Probate Court lacks jurisdiction to entertain and determine matters involving the mental health commitment of children or youths. 35 CS 241.

Annotations to present section:

Cited. 224 C. 168; 230 C. 400; 233 C. 44; 236 C. 625.

Cited. 43 CA 592. Failure to comply with notice requirements of Subsec. (e) does not nullify statutory authority of Probate Court to hold involuntary commitment hearing because plain language of section has not conditioned Probate Court's exercise of power. 199 CA 498.
Conn. Gen. Stat. § 17a-132 — Connecticut Code / Title 17a / Chapter 319a / Section 17a-132
Sec. 17a-132. Qualified residential treatment program placement. Assessment and motion for review. Regulations.
Status: in_force

(b) On and after July 1, 2021, or upon approval by the federal Administration for Children and Families of the Connecticut Family First Prevention Plan developed by the Department of Children and Families, whichever is first, a child in the custody of the Commissioner of Children and Families pursuant to section 46b-129 who is placed in a qualified residential treatment program shall, not later than thirty days after such placement, be assessed by a qualified individual designated by the commissioner in accordance with the provisions of this section. Such qualified individual shall (1) assess the strengths and needs of the child using an age-appropriate, evidence-based, validated, functional assessment tool approved by the Secretary of Health and Human Services, (2) determine whether the needs of the child can be met by family members or through placement in a foster family, and, if such needs cannot be met, identify a setting that would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the goals for the child as specified in the permanency plan for the child, and (3) develop a list of child-specific short-term and long-term mental and behavioral health goals. A qualified individual shall work in conjunction with the child's family permanency planning team while conducting an assessment under this section.

(c) If the qualified individual conducting an assessment under this section determines that a child should not be placed with family members or in a foster family, the qualified individual shall specify in writing why the needs of the child cannot be met by the child's family or in a foster family, provided a shortage or lack of availability of foster family homes shall not be an acceptable reason for a determination that the child's needs cannot be met in a foster family. If the qualified individual recommends that a child should be placed in a qualified residential treatment program, the qualified individual shall further specify in writing why placement in the qualified residential treatment program will provide the child with the most effective and appropriate level of care in the least restrictive environment and how such placement is consistent with the goals specified in the permanency plan for the child. Such written assessment shall be submitted to the commissioner.

(d) (1) On and after July 1, 2021, or upon approval by the federal Administration for Children and Families of the Connecticut Family First Prevention Plan developed by the Department of Children and Families, whichever is first, the Commissioner of Children and Families, not later than thirty-five days after the placement of a child who is in the custody of the commissioner pursuant to section 46b-129 in a qualified residential treatment program, shall file a motion with the Superior Court that has venue over such matter for review of the written assessment required pursuant to subsection (c) of this section, unless such child has been discharged from the qualified residential treatment program.

(2) Not later than fifteen days after a motion for review is filed pursuant to subdivision (1) of this subsection, the court shall (A) review the findings from the assessment of the child and the determination made pursuant to subsection (b) of this section, and the written assessment required pursuant to subsection (c) of this subsection; and (B) determine whether the needs of the child can be met through placement with a foster family and, if not, whether placement of the child in the qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and that such placement is consistent with the goals specified in the permanency plan for the child. The purpose of the determination made pursuant to subparagraph (B) of this subdivision shall be solely for allowing the Commissioner of Children and Families to receive foster care maintenance payments pursuant to Title IV-E of the Social Security Act, as amended from time to time.

(e) Following the court's approval or disapproval pursuant to subsection (d) of this section, the Commissioner of Children and Families shall submit evidence to the court at any hearing held with respect to a child that remains placed in a qualified residential treatment program, (1) demonstrating that (A) ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster family, (B) the placement in the qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment, and (C) the placement is consistent with the goals specified in the permanency plan for the child; (2) documenting the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need such treatment or services; and (3) documenting efforts made by the commissioner to prepare the child to return home or to be placed with a family member, a legal guardian, an adoptive parent or in a foster family.

(f) The Commissioner of Children and Families shall adopt regulations in accordance with the provisions of chapter 54 establishing standards for qualified residential treatment programs and qualified individuals. Such standards shall include, but not be limited to, (1) staffing at such treatment programs, (2) the care and treatment of children cared for or boarded in such treatment programs, (3) training and qualifications required for a qualified individual, and (4) documentation requirements. The commissioner may implement policies and procedures consistent with the provisions of this subsection while the commissioner is in the process of adopting such regulations, provided the commissioner shall publish notice of intention to adopt regulations on the eRegulations System not later than twenty days after the implementation of such policies and procedures. Any such policies and procedures shall be valid until such final regulations are effective.