The end of the 2007 Legislative Session resulted in
changes to Connecticut law in the fields of Child Welfare, Juvenile
Justice, Education and Health Care. Highlights of the legislation
are included below:
Child Welfare/Juvenile Justice
Public Act 07-174
An Act Expanding the Subsidized Guardianship Program to
Siblings of Children Living with Relative Caregivers, and
the Right of Foster Parents, Prospective Adoptive Parents
and Relative Caregivers to be Heard in Certain Legal Proceedings
Effective October 1, 2007.
This Act expands DCF's subsidized guardianship program for
the benefit of siblings of children living with relative
caregivers. It requires that courts permit foster parents,
as well as prospective adoptive parents and relative caregivers,
an opportunity to be heard when a hearing is scheduled concerning
DCF's permanency plan or revoking DCF's commitment. The
Act eliminates the requirement that the child have lived
with the foster parent or relative caregiver for at least
six months.
Public Act 07-8
Placement of Siblings of Children by the Department of Children
and Families Effective October 1, 2007
This Act changes the age for placement into special
study foster homes from fourteen to ten. It allows placement
of children with non-relatives if such children are siblings
of other children placed in relative care.
Public Act 07-143
An Act Concerning Jessica's Law and Consensual Sexual Activity
between Adolescents Close in Age to Each Other Effective October 1, 2007
This Act amends Conn. Gen Stat section 53a-71 (Sexual
assault in the 2nd degree), changing the age gap from 2
to 3 years.
The Act amends Conn. Gen Stat section 53a-73a (Sexual assault
in the 4th degree): Under current law, anyone who has sexual
contact with a person under age 15 is guilty of 4th-degree
sexual assault. Under this Act, the actor is guilty of this
crime only if he/she is more than (1) two years older than
a victim under age 13, or (2) three years older than a victim
between ages 13 and 15.
The Act creates an exception to Connecticut's hearsay rule
for statements of young children about their sexual or physical
assault by someone with authority over them. The exception
applies if :
1. the court finds that the circumstances of the statement,
including its timing and contents, provide particularized
guarantees of its trustworthiness;
2. the statement was not made in preparation for a legal
proceeding;
3. the proponent of the statement (a) tells the adverse
party what the statement contains, including when, where,
and to whom it was made and the circumstances that indicate
its trustworthiness; (b) tells the adverse party that he/she
intends to offer it as evidence; and (c) gives the adverse
party fair opportunity to counter it; and
4. the child (a) testifies and is subject to cross-examination
at the proceeding or (b) is unavailable as a witness and
(i) there is independent non-testimonial corroborative evidence
of the alleged act, and (ii) the statement was made prior
to the defendant's arrest or institution of juvenile proceedings
in connection with the act described in the statement.
Public Act 07-4 (Budget Implementer)
Changes to Families with Service Needs Law (FWSN) Effective October 1, 2007
This Act requires that probation officers conduct an
initial assessment of the child and family and refer the
child for appropriate community-based services or to a Family
Support Center (newly created by statute). The probation
officer may only file a complaint with the juvenile court
after the community-based service provider reports that
the child cannot benefit from services. The Act eliminates
the ability of the complaining party to file a FWSN petition
on his own within 30 days of receiving notice that the probation
officer is not doing so. Please see article on pages 4-5
of this publication.
Public Act 07-4 (Budget Implementer)
Raising the Age for Juvenile Court Jurisdiction Effective January 1, 2010
Beginning January 1, 2010, 16 and 17 year olds may have
their charged offenses adjudicated in juvenile court. Juvenile
cases involving serious felonies will still be automatically
transferred to adult criminal court and prosecutors may
still ask the juvenile court judge to transfer other cases
to adult court.
The "Raise the Age" initiative will eliminate the "Youth
In Crisis" program for 16 and 17 years olds charged with
status offenses. Instead, these youth will be eligible for
the Families With Service Needs program.
Education
Public Act 07-38
An Act Concerning Unified School District #1 Education Credit
Effective July 1, 2007
By law, a school district receiving a transfer student must
give written notice of the student's enrollment to the student's
former school district. This act requires school districts
receiving transfer students from Unified School District #1
to provide the written notification to the unified district
within 10 days of the enrollment. It specifies that, as is
required by law for all sending districts, Unified School
District #1 must transfer the student's records within 10
days of receiving the notice. Unified School District #1 serves
students in the custody of the Department of Correction.
HB
5888
An Act Concerning Legal Representation for Students Facing
Expulsion from School Included in PA 07-3,
An Act Implementing the Provisions of the Budget Concerning
Education Provides that expulsion notice will include information
concerning legal services provided free of charge or at a
reduced rate that are available locally and how to access
such services.
Public Act 07-122
An Act Concerning Suspensions and Expulsions by Local and
Regional Boards of Education Effective
October 1, 2007
This Act provides that the school administration may shorten
the length of or waive a school suspension period for a student
who is suspended for the first time or who has never been
expelled. The student is eligible for this benefit if the
student successfully completes an administration-specified
program and meets any other conditions required by the administration.
Additionally, notice of that student's suspension will be
expunged from the student's cumulative record by the board
of education if (1) the student graduates from high school,
or (2) the administration chooses, at the time the student
completes the administration-specified program and meets any
other conditions required by the administration.
Public Act 07-147
Restraints and Seclusion in Public Schools Effective October 1, 2007
This Act places school districts under the same regulations
for use of restraints and seclusion for special education
students that conform with requirements for other state agencies.
It requires schools to notify parents (1) about the laws and
regulations governing the use of physical restraints and seclusion,
and (2) when physical restraints have been used on their children.
Public
Act 07-66
An Act Concerning In-School Suspensions Effective October 1, 2007
This Act prohibits out-of-school suspensions and extends,
from five to 10 days, the maximum length of in-school suspensions.
A student can be suspended for (1) conduct that violates a
publicized board policy or seriously disrupts the educational
process or (2) conduct on school grounds or at a school sponsored
activity that endangers persons or property.
The Act requires suspensions to be in-school unless the school
administration determines that the student (1) poses a danger
to persons or property, or (2) is disruptive of the educational
process. Current law defines in-school suspension as exclusion
from classroom activity, but not from school, for up to five
consecutive days. The Act extends this to 10 consecutive days.
Under existing law, an exclusion from school privileges for
more than 10 days constitutes an expulsion.
The law allows students to be placed in in-school suspension
up to 15 times or a total of 50 days in one school year, whichever
results in fewer days. Students can be suspended out-of-school
only 10 times or 50 days in one school year, whichever results
in fewer days.
Healthcare
Public
Act 07-2
An Act Implementing the Provisions of the Budget Concerning
Human Services and Public Health Effective July 1, 2007
This Act provides for the following:
1. Increase in Medicaid reimbursements to physicians, dentists
and other health care professionals. Medicaid will provide
a fifty percent increase in the reimbursement rate for physicians
(the first increase since 1989); hospitals will receive an
additional $46 million in the first year and $72 million in
fiscal year 2009;
2. Expansion of the HUSKY health insurance program, including
insurance coverage under the HUSKY A plan for parents with
income up to 185% of the federal poverty level (up from 150%),
and pregnant woman coverage up to $250% of FPL;
3. Introduction of a pilot program of primary care case management
(PCCM) for child/family Medicaid (HUSKY A).Under this system,
the primary care provider (pediatrician, family medicine practitioner,
etc.) is the care coordinator/case manager who arranges for
specialty care when necessary, as opposed to the managed care
organization, which presently designates these choices.
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