Conn. Gen. Stat. § 17a-11

Current with legislation from the 2024 Regular and Special Sessions.

Section 17a-11 - (Formerly Sec. 17-419). Voluntary admission. Termination of admission. Transfer. Permanency plan. Review of plan by Probate Court. Appeals. Regulations. Plan for care and treatment of persons eighteen years of age or older

(a) The commissioner may, in the commissioner's discretion, admit to the department on a voluntary basis any child or youth who, in the commissioner's opinion, could benefit from any of the services offered or administered by, or under contract with, or otherwise available to, the department. Application for voluntary admission shall be made in writing by the parent or guardian of a child under fourteen years of age or by such person himself or herself if he or she is a child fourteen years of age or older or a youth. The fact that a parent has applied for services or received services for his or her child through voluntary admission shall not be used against the parent (1) in any investigation conducted by the department in accordance with section 17a-101g, (2) when making placement decisions for the child, (3) when making foster care licensing determinations in accordance with section 17a-114, or (4) in any court proceeding related to the placement of a minor relative of the parent.

(b) A child or youth voluntarily admitted to the department shall be deemed to be within the care of the commissioner until such admission is terminated. The commissioner shall terminate the admission of any child or youth voluntarily admitted to the department within ten days after receipt of a written request for termination from a parent or guardian of any child under fourteen years of age or from a child if such child is fourteen years of age or older, or youth, unless prior to the expiration of that time the commissioner has sought and received from the Superior Court an order of temporary custody as provided by law. Except as provided in subsection (i) of this section, the commissioner may terminate the admission of any child or youth voluntarily admitted to the department after (1) giving reasonable notice in writing to (A) the parent or guardian of any child or youth, and (B) the child, if such child is fourteen years of age or older, or youth, and (2) if the commissioner has previously petitioned the Probate Court pursuant to subsection (c) of this section, providing notice to the Probate Court of such petition. Any child or youth admitted voluntarily to the department may be placed in, or transferred to, any resource, facility or institution within the department or available to the commissioner, provided the commissioner shall give written notice to such child or youth and to the parent or guardian of the child of the commissioner's intention to make a transfer at least ten days prior to any actual transfer, unless written notice is waived by those entitled to receive it, or unless an emergency commitment of such child or youth is made pursuant to section 17a-502. Any child or youth admitted voluntarily to the department may be transferred to the supervision of the Department of Mental Health and Addiction Services or the Department of Developmental Services, in collaboration with the commissioner of the department to which the child is transferred. The Commissioner of Children and Families shall provide written notice of his or her intention to make a transfer at least ten days prior to any actual transfer to a child fourteen years of age or older, or youth, and to the parent or guardian of the child or youth being transferred. If the department has previously filed a petition with the Probate Court under subsection (c) of this section, the commissioner shall provide notice of such petition to the court. The Commissioner of Children and Families may continue to provide services to the child or youth in collaboration with the department to which the child or youth has been transferred or may terminate the voluntary services if, in the commissioner's discretion, the department to which the child or youth has been transferred provides adequate services. The commissioner shall provide written notice of his or her intention to terminate services following a transfer to another department to a child fourteen years of age or older, or youth, and to the parent or guardian of such child or youth. If the department has previously filed a petition with the Probate Court under subsection (c) of this section, the commissioner shall provide notice of such petition to the court.

(c) Not more than one hundred twenty days after admitting a child or youth on a voluntary basis, the commissioner shall petition the Probate Court for the district in which a parent or guardian of the child or youth resides for a determination as to whether continuation of care is in the child's or youth's best interest and, if so, whether there is an appropriate case service or permanency plan in place for such child or youth. A case service plan shall be required for all children and youths receiving services voluntarily from the department who are not in an out-of-home placement. A permanency plan shall be required for all children and youths voluntarily admitted to the department and placed by the department in a foster home licensed pursuant to section 17a-114 or a facility licensed pursuant to section 17a-145. Upon receipt of such petition, the court shall set a time and place for a hearing to be held within thirty days of receipt of the petition, unless continued by the court for cause shown. The court shall order notice of the hearing to be given by first class mail at least five days prior to the hearing to the Commissioner of Children and Families, and by first class mail at least five days prior to the hearing to the parents or guardian of the child or youth and the child, if such child is fourteen years of age or older, or youth. If the whereabouts of the parent or guardian are unknown, or if delivery cannot reasonably be effected, then notice shall be ordered to be given by publication. In making its determination as to whether there is an appropriate case service plan for a child or youth, the court shall consider the items specified in subdivision (2) of subsection (d) of this section. In making its determination as to whether there is an appropriate permanency plan for a child or youth, the court shall consider the items specified in subsection (f) of this section. The court shall possess continuing jurisdiction in proceedings under this section.

(d)

(1) If the child or youth is not in an out-of-home placement, the commissioner shall not be required to file periodic motions for review of the case service plan, provided the court shall conduct a hearing to review the case service plan on motion of the commissioner, a parent or guardian of the child or youth or a child fourteen years of age or older, or youth. The court may conduct a hearing on its own motion to review the case service plan for a child or youth who is not in an out-of-home placement if the court determines that imminent concerns regarding the health and safety of the child or youth require a hearing. The court shall provide notice of the time and place of the hearing on such motion to the commissioner, the parents or guardian of the child or youth and to the child, if such child is fourteen years of age or older, or youth, not later than ten days prior to the date of such hearing. In making its determination as to whether there is an appropriate case service plan, the court shall consider the items specified in subdivision (2) of this subsection.

(2) At a hearing on a motion to review a case service plan for a child or youth who is not in an out-of-home placement, the court shall approve a case service plan that is in the best interests of the child or youth. The health and safety of the child or youth shall be of paramount concern in formulating such plan. At such hearing, the court shall consider among other things: (A) The appropriateness of the department's plan for service to the child or youth and his or her family; (B) the treatment and support services that have been offered and provided to the child or youth to strengthen the family; and (C) any further efforts which have been or will be made to promote the best interests of the child or youth. At the conclusion of the hearing, the court may:

(i) Direct that the services being provided be continued if the court determines that continuation of the child or youth in services is in the child's or youth's best interests, or

(ii) direct that the child's or youth's services be modified to reflect the child's or youth's best interest.

(e) Ten months after admitting a child or youth on a voluntary basis and annually thereafter if the child or youth remains in the custody of the commissioner and remains placed (1) in a foster home licensed pursuant to section 17a-114, (2) in a foster home approved by a child-placing agency licensed pursuant to section 17a-149, or (3) in a facility licensed pursuant to section 17a-145, the commissioner shall file a motion for review of a permanency plan. A hearing on such motion shall be held not later than thirty days after the filing of such motion. Not later than ten days prior to the date of such hearing, the court shall provide notice to the commissioner, the parents or guardian of the child or youth and to the child, if such child is fourteen years of age or older, or youth, of the time and place of such hearing. In making its determination as to whether there is an appropriate permanency plan in place, the court shall consider the items specified in subsection (f) of this section.

(f)

(1) At a hearing to review a permanency plan for a child or youth who is placed in a foster home licensed pursuant to section 17a-114 or facility licensed pursuant to section 17a-145, the court shall approve a permanency plan that is in the best interests of the child or youth and takes into consideration the child's or youth's need for permanency. The health and safety of the child or youth shall be of paramount concern in formulating such plan. At such hearing, the court shall consider among other things:

(A) The appropriateness of the department's plan for service to the child or youth and his or her family;

(B) the treatment and support services that have been offered and provided to the child or youth to strengthen and reunite the family;

(C) if return home is not likely for the child or youth, the efforts that have been made or should be made to evaluate and plan for other modes of care; and

(D) any further efforts that have been or will be made to promote the best interests of the child or youth.

(2) The permanency plan may include the goal of (A) placement of the child or youth with the parent or guardian, (B) transfer of guardianship, (C) termination of parental rights and adoption, or (D) for a youth, such other planned permanent living arrangement ordered by the court, provided the commissioner has documented a compelling reason why it would not be in the best interest of the youth for the permanency plan to include the goals in subparagraphs (A) to (C), inclusive, of this subdivision. Such other planned permanent living arrangement may include, but not be limited to, placement of a youth in an independent living program or long-term foster care with an identified foster parent.

(3) At a hearing on a motion to review a permanency plan, the court shall review the status of the child or youth and the progress being made to implement the permanency plan, determine a timetable for attaining the permanency prescribed by the plan and determine whether the commissioner has made reasonable efforts to achieve the permanency plan. At the conclusion of the hearing, the court may:

(A) Direct that the services being provided, or the placement of the child or youth and reunification efforts, be continued if the court, after hearing, determines that continuation of the child or youth in services or placement is in the child's or youth's best interests, or

(B) direct that the child's or youth's services or placement be modified to reflect the child's or youth's best interest.

(4) If the permanency plan for a youth includes the goal of such other planned permanent living arrangement pursuant to subparagraph (D) of subdivision (2) of this subsection, the department shall document for the court:

(A) The manner and frequency of efforts made by the department to return the youth home or to secure placement for the youth with a fit and willing relative, legal guardian or adoptive parent; and

(B) the steps the department has taken to ensure (i) the youth's foster family home or child care institution is following a reasonable and prudent parent standard, as defined in section 17a-114d; and (ii) the youth has regular opportunities to engage in age appropriate and developmentally appropriate activities, as defined in section 17a-114d.

(5) If the permanency plan for a youth includes the goal of such other planned permanent living arrangement pursuant to subparagraph (D) of subdivision (2) of this subsection, the court shall (A) (i) ask the youth about his or her desired permanency outcome, or (ii) if the youth is unavailable to appear at a hearing held in accordance with the provisions of subdivision (1) of this subsection, require the attorney for the youth to consult with the youth regarding the youth's desired permanency outcome and report the same to the court; (B) make a judicial determination that, as of the date of hearing, such other planned permanent living arrangement is the best permanency plan for the youth; and (C) document the compelling reasons why it is not in the best interest of the youth to return home or to be placed with a fit and willing relative, legal guardian or adoptive parent.

(g) The commissioner shall adopt regulations in accordance with chapter 54 concerning (1) applications for voluntary admission, (2) the grant or denial of services, (3) informal administrative case review, and (4) termination of voluntary admission.

(h) Any person aggrieved by a decision of the commissioner denying voluntary services may appeal such decision through an administrative hearing held pursuant to chapter 54.

(i) Any parent or guardian of a child or youth, or any child fourteen years of age or older, who is aggrieved by a termination of admission pursuant to subsection (b) of this section may (1) request an administrative hearing in accordance with the regulations adopted by the commissioner pursuant to subsection (g) of this section, or (2) request a hearing before the Probate Court. If, upon such hearing, the Probate Court finds that the termination of admission was made in accordance with the applicable regulations adopted by the commissioner, the court shall uphold such termination. If the court finds that the termination of admission was not made in accordance with the applicable regulations, the court may order the continuation of services and specify a time for the determination of a new case service or permanency plan.

(j) Notwithstanding any provision of sections 17a-1 to 17a-26, inclusive, and 17a-28 to 17a-49, inclusive, any person already under the care and supervision of the Commissioner of Children and Families who has passed such person's eighteenth birthday but has not yet reached such person's twenty-first birthday may be permitted to remain voluntarily under the supervision of the commissioner, provided the commissioner, in the commissioner's discretion, determines that such person would benefit from further care and support from the Department of Children and Families. Any person remaining voluntarily under the supervision of the commissioner pursuant to this subsection shall be entitled to a written plan for care and treatment, and review of such plan, in accordance with section 17a-15.

(k) Upon motion of any interested party in a Probate Court proceeding under this section, the Probate Court of record may transfer the file for cause shown to a Probate Court for a district other than the district in which the initial or permanency hearing was held. Upon issuance of an order to transfer a file under this subsection, the transferring court shall transmit a digital image of each document in the court file to the transferee court using the document management system maintained by the Office of the Probate Court Administrator. The transferee court shall thereupon assume jurisdiction over the voluntary admission in accordance with the provisions of this section.

Conn. Gen. Stat. § 17a-11

(1969, P.A. 664, S. 12; 1971, P.A. 265; P.A. 73-69, S. 1, 2; P.A. 75-524, S. 8, 30; P.A. 77-604, S. 13, 84; P.A. 78-238; 78-280, S. 29, 127; P.A. 93-91, S. 1, 2; P.A. 97-272, S. 5; P.A. 98-52, S. 9; P.A. 99-26, S. 18, 39; P.A. 00-76, S. 3; May 9 Sp. Sess. P.A. 02-7, S. 37; P.A. 03-278, S. 51, 52; P.A. 05-246, S. 3; P.A. 06-102, S. 2; 06-196, S. 108; P.A. 07-184, S. 6; P.A. 09-185, S. 6; P.A. 13-40, S. 11; P.A. 15-199, S. 19; P.A. 16-28, S. 13; P.A. 18-31, S. 19.)

Amended by P.A. 21-0100,S. 14 of the Connecticut Acts of the 2021 Regular Session, eff. 7/1/2021.

Amended by P.A. 18-0031, S. 19 of the Connecticut Acts of the 2018 Regular Session, eff. 7/1/2018.

Amended by P.A. 16-0028, S. 13 of the Connecticut Acts of the 2016 Regular Session, eff. 5/17/2016.

Amended by P.A. 15-0199, S. 19 of the Connecticut Acts of the 2015 Regular Session, eff. 10/1/2015.