Section 17a-114 - (Formerly Sec. 17-43c). Licensing or approval of persons for child placement required. Criminal history records and child abuse and neglect registry checks. Placement of children with relatives or fictive kin caregivers. Standard(a) As used in this section, (1) "approval" or "approved" means that a person has been approved to adopt or provide foster care by a child-placing agency licensed pursuant to section 17a-149, (2) "licensed" means a person holds a license to provide foster care issued by the Department of Children and Families, and (3) "fictive kin caregiver" means a person who is twenty-one years of age or older and who is unrelated to a child by birth, adoption or marriage but who has an emotionally significant relationship with such child or such child's family amounting to a familial relationship. (b)(1) No child in the custody of the Commissioner of Children and Families shall be placed in foster care with any person, unless (A) (i) such person is licensed for that purpose by the department or the Department of Developmental Services pursuant to the provisions of section 17a-227, (ii) such person's home is approved by a child placing agency licensed by the commissioner pursuant to section 17a-149, or (iii) such person has received approval as provided in this section, and (B) on and after January 1, 2017, for a child twelve years of age or older, such child has received a foster family profile in accordance with the provisions of section 17a-114e. Any person licensed by the department may be a prospective adoptive parent. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to establish the licensing procedures and standards.(2)(A) Except as provided in subparagraph (B) of this subdivision, the commissioner shall require each applicant for licensure or approval pursuant to this section and any person eighteen years of age or older living in the household of such applicant to submit to state and national criminal history records checks prior to issuing a license or approval to such applicant to accept placement of a child for purposes of foster care or adoption. Such criminal history records checks shall be conducted in accordance with section 29-17a. The commissioner shall check the (i) state child abuse and neglect registry established pursuant to section 17a-101k for the name of such applicant and for the name of any person eighteen years of age or older living in the household of such applicant, and (ii) child abuse and neglect registry in any state in which such applicant or person resided in the preceding five years for the name of such applicant or person.(B) If an applicant for licensure or approval or any person eighteen years of age or older living in the household of such applicant has submitted to the state and national criminal history records checks described in subsection (c) of this section within the previous twelve- month period, the commissioner shall not require such applicant or person to submit to the state and national criminal history records checks described in subparagraph (A) of this subdivision in connection with the issuance of a license or approval.(3) The commissioner shall require each individual licensed or approved pursuant to this section and any person eighteen years of age or older living in the household of such individual to submit to state and national criminal history records checks prior to renewing a license or approval for any individual providing foster care or adopting. Such criminal history records checks shall be conducted in accordance with section 29-17a. Prior to such renewal, the commissioner shall check the (A) state child abuse and neglect registry established pursuant to section 17a-101k for the name of such applicant and for the name of any person eighteen years of age or older living in the household of such applicant, and (B) child abuse and neglect registry in any state in which such applicant or person resided in the preceding five years for the name of such applicant or person.(4) The commissioner shall comply with any request to check the child abuse and neglect registry established pursuant to section 17a-101k made by the child welfare agency of another state.(c)(1) Notwithstanding the requirements of subsection (b) of this section, the commissioner may place a child with a relative or fictive kin caregiver who has not been issued a license or approval, when such placement is in the best interests of the child, provided a satisfactory home visit is conducted and a basic assessment of the family is completed. When the commissioner makes such a placement, the commissioner shall (A) request a criminal justice agency to perform a federal name-based criminal history search of each person eighteen years of age or older residing in the home, and (B) check the state child abuse and neglect registry established pursuant to section 17a-101k for the name of each person eighteen years of age or older residing in the home. The results of such name-based search shall be provided to the commissioner.(2) Not later than ten calendar days after a name-based search is performed pursuant to subdivision (1) of this subsection, the commissioner shall request the State Police Bureau of Identification to perform a state and national criminal history records checks of each person eighteen years of age or older residing in the home, in accordance with section 29-17a. Such criminal history records checks shall be deemed as required by this section for the purposes of section 29-17a and the commissioner may request that such criminal history records checks be performed in accordance with subsection (c) of said section. The results of such criminal history records checks shall be provided to the commissioner. If any person refuses to provide fingerprints or other positive identifying information for the purposes of such criminal history records checks when requested, the commissioner shall immediately remove the child from the home.(3) If the commissioner denies a placement with a relative or fictive kin caregiver or removes a child from such home based on the results of a federal name-based criminal history search performed pursuant to subdivision (1) of this subsection, the person whose name-based search was the basis for such denial or removal may contest such denial or removal by requesting that state and national criminal history records checks be performed pursuant to subdivision (2) of this subsection.(4) Any such relative or fictive kin caregiver who accepts placement of a child shall be subject to licensure by the commissioner, pursuant to regulations adopted by the commissioner in accordance with the provisions of chapter 54 to implement the provisions of this section or approval by a child-placing agency licensed pursuant to section 17a-149. The commissioner may grant a waiver from such regulations, including any standard regarding separate bedrooms or room-sharing arrangements, for a child placed with a relative or fictive kin caregiver, on a case-by-case basis, if such placement is otherwise in the best interests of such child, provided no procedure or standard that is safety-related may be so waived. The commissioner shall document, in writing, the reason for granting any waiver from such regulations.(d) Any individual who has been licensed or approved to adopt or provide foster care and any relative or fictive kin caregiver with whom a child has been placed pursuant to subsection (c) of this section shall apply a reasonable and prudent parent standard, as defined in subsection (a) of section 17a-114d, on behalf of the child.Conn. Gen. Stat. § 17a-114
(P.A. 88-332, S. 1, 4; P.A. 93-91 , S. 1 , 2 ; P.A. 94-216 , S. 2 , 4 ; P.A. 99-166 , S. 5 ; P.A. 01-70 , S. 1 , 2 ; 01-142 , S. 11 ; 01-159 , S. 4 ; P.A. 03-243 , S. 7 ; P.A. 04-88 , S. 1 ; P.A. 05-207 , S. 6 ; 05-246 , S. 12 ; P.A. 07-8 , S. 1 ; 07-73 , S. 2 (a); P.A. 11-116 , S. 2 ; 11-166 , S. 1 ; Dec. Sp. Sess. P.A. 12-1 , S. 24 ; P.A. 15-199 , S. 5 ; P.A. 16-123 , S. 2 ; 16-124 , S. 1 ; P.A. 18-67 , S. 9 ; 18-111 , S. 6 .)
Amended by P.A. 24-0079,S. 1 of the Connecticut Acts of the 2024 Regular Session, eff. 7/1/2024.Amended by P.A. 19-0120, S. 4 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.Amended by P.A. 19-0117, S. 158 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.Amended by P.A. 18-0067, S. 9 of the Connecticut Acts of the 2018 Regular Session, eff. 7/1/2018.Amended by P.A. 18-0111, S. 6 of the Connecticut Acts of the 2018 Regular Session, eff. 6/7/2018.Amended by P.A. 16-0124, S. 1 of the Connecticut Acts of the 2016 Regular Session, eff. 10/1/2016.Amended by P.A. 16-0123, S. 2 of the Connecticut Acts of the 2016 Regular Session, eff. 10/1/2016.Amended by P.A. 15-0199, S. 5 of the Connecticut Acts of the 2015 Regular Session, eff. 7/1/2015.Amended by P.A. 12-0001, S. 24 of the 2012 Second Special Session, eff. 12/21/2012.Amended by P.A. 11-0166, S. 1 of the the 2011 Regular Session, eff. 7/1/2011.Amended by P.A. 11-0116, S. 2 of the the 2011 Regular Session, eff. 10/1/2011. Cited. 31 Conn.App. 400 ; judgment reversed, see 230 Conn. 459 .