TIPS for Lawyers

VOLUNTARY SERVICES

Created by: The Center for Children's Advocacy October, 2008

What is the voluntary services program?

The voluntary Services program provides services for children or youth requiring community based treatment or temporary residential or other out of home placement and who do not require protective service intervention.

The Voluntary Services Program is designed for children and youth who have behavioral health needs and who are in need of services that they do not otherwise have access to. Parents do not have to relinquish custody or guardianship under this program.

What is the statutory basis for the Voluntary Services program?

Conn. Gen. Stat. §17a-3(a) provides, in pertinent part the following: The department shall … administer and evaluate a comprehensive and integrated state-wide program of services, including preventive services, for children and youths whose behavior does not conform to the law or to acceptable community standards, or who are mentally ill, including deaf and hearing impaired children and youths who are mentally ill, emotionally disturbed, substance abusers, delinquent, abused, neglected or uncared for, including all children and youths who are or may be committed to it by any court, and all children and youths voluntarily admitted to, or remaining voluntarily under the supervision of, the commissioner for services of any kind. Services shall not be denied to any such child or youth solely because of other complicating or multiple disabilities. The department shall work in cooperation with other child-serving agencies and organizations to provide or arrange for preventive programs….The program shall provide services and placements that are clinically indicated and appropriate to the needs of the child or youth.

Conn. Gen. Stat. § 17a-11 provides that "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.

Conn. Gen. Stat. §17a-11(e) provides that the commissioner "shall adopt regulations in accordance with chapter 54, [Conn. Gen. Stat. §4-166 et. seq] describing the documentation required for voluntary admission and for informal administrative case review, upon request, of any denial of an application for voluntary admission."

Who can get in to the Voluntary Services program?

Pursuant to DCF policies and regulations, the admission criteria to the Voluntary Services Program are as follows:

1. Child has a DSM-IV diagnosable disorder

2. Child's needs cannot be met through services currently available to the guardian

3. Child's disorder can be treated with services offered, administered, under contract with, or otherwise available to DCF at the time of application

4. Child is under 18 at the time of referral.

See RCSA Section 17a-11-7

Note: If Out of Home Placement Services are sought, the following criteria must also be met:

1. Out of home placement is the least restrictive alternative

2. an appropriate approved treatment program is available

3. guardian will continue to maintain a relationship with the child

4. reasonable expectation that child will return home to the guardian

See RCSA Section 17a-11-7

Note: A child who is "voluntarily admitted to the department shall be deemed to be within the care of the commissioner until such admission is terminated." Conn. Gen. Stat. §17a-11(b).

Can a parent be forced to plead to neglect and agree to commit their child in order to receive services?

Conn. Gen. Stat. §17a-129 specifically provides: "[c]ommitment to or protective supervision or protection by the department shall not be a condition for receipt of services or benefits delivered or funded by the department".

When can a parent be denied access to the Voluntary Services program?

Per DCF regulations, the following admission restrictions apply?

1. failure to provide sufficient data to establish eligibility

2. pending abuse/neglect/uncared for petition

3. active protective services case

4. juvenile justice involvement

5. reasonable cause to believe that guardians will not cooperate with case plan

See RCSA Section 17a-11-8

A lawyer representing a parent in a child welfare case should carefully consider whether the child is truly in need of child protective services or whether the child is actually a candidate for the Voluntary Services program.

How does a parent access the Voluntary Services program?

A parent should contact the DCF hotline at 800-842-2288 and request a Voluntary Services application. They must then, within 60 days of requesting the application, submit the application to the DCF office closest to the parent's location. The application will be reviewed and the parent will be contacted by the Department. A youth 14 years of age or older may make such request personally.

See RCSA Section 17a-11-11; CGS 17a-11

What procedures govern when a family is accepted into the Voluntary Services program?

If the child is accepted into the program, a DCF social worker will open a case, develop a treatment plan and present the plan for review in the probate court within 120 days and annually thereafter.

Conn. Gen. Stat. §17a-11 provides that "[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 or 17a-154. Upon receipt of such application, the court shall set a time and place for hearing to be held within thirty days of receipt of the application, unless continued by the court for cause shown.

What court has jurisdiction over Voluntary Services cases?
Probate courts have jurisdiction over voluntary service cases. §17a-11(c) - (d), (h).

What should the Voluntary Services "case plan" consist of?
Per DCF regulations, the case service plan shall consist of:

(1) The department's assessment conducted in accordance with section 17a-11-14 of the Regulations of Connecticut State Agencies;

(2) The treatment and support services that have been offered and provided to the child, youth or family to treat the emotional or behavioral disorder and to strengthen and reunite the family;

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

(4) Any further efforts which have been or will be made to promote the best interests of the child or youth; and,

(5) A copy of the child or youth's Individualized Education Program (IEP), if applicable, if residential placement is being sought or contemplated.

(d) If a child or youth admitted to the voluntary services program has a diagnosis of mental retardation as defined by section 1-1g of the Connecticut General Statutes, the case service plan shall be developed by the department in conjunction with the Department of Mental Retardation or other responsible state agencies.

(e) A case service plan shall be signed by the department, the parent or guardian of a child under the age of fourteen, or child or youth age fourteen or more. See RCSA Section 17a-11-13

What DCF services can a family access through the Voluntary Services program?

The family or child should have access to the gamut of DCF funded behavioral health services, including:

• mobile crisis
• care coordination
• extended day treatment
• home based services
• respite services
• family advocacy
• child guidance clinics
• residential treatment
• group home placement
• other individualized services

What should a parent do if their child is denied voluntary services?

Conn. Gen. Stat. § 17a-11(f) provides that "[a]ny person aggrieved by a decision of the commissioner denying voluntary services may appeal such decision through an administrative hearing held pursuant to chapter 54".

See also RCSA Sections 17a-11-17 through 24.

Will a parent always have a right to a hearing?

Per DCF regulation 17a-11-18, "a request for a Voluntary Services Hearing shall be stayed, denied or dismissed by the administrative hearings unit if court proceedings are pending in any court which may address the issue of services to be provided to the child or youth."

Note: Consider the validity of this regulation when representing a parent charged with abuse or neglect who should really be receiving services through the Voluntary Services program. Are the regulation and the denial of access to a hearing depriving the parent of due process of law?

IMPORTANT: What should an attorney do if a parent is charged with neglect and the attorney deems the family a "voluntary services" case?

Consider filing a Motion to Dismiss (Conn. Prac. Bk § 34a-9) or a Motion to Strike (Conn. Prac. Bk. § 34a-15), challenging the legal sufficiency or validity of the DCF petition, and cite DCF's obligation to provide a voluntary services program (CGS § § 17a-3, 17a-11) and the statutory prohibition on DCF requiring commitment of a child prior to delivering necessary mental health and behavioral health services. CGS §17a-129.

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