Bill Text: CT HB07286 | 2017 | General Assembly | Comm Sub

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Bill Title: An Act Concerning The Recommendations Of The Juvenile Justice Policy And Oversight Committee.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2017-04-24 - File Number 691 [HB07286 Detail]

Download: Connecticut-2017-HB07286-Comm_Sub.html

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General Assembly		Substitute Bill No. 7286
January Session, 2017		*_____HB07286JUD___040617____*

AN ACT CONCERNING THE RECOMMENDATIONS OF THE JUVENILE JUSTICE POLICY AND OVERSIGHT COMMITTEE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) (a) Notwithstanding any provision of the general statutes, on and after December 31, 2017, any person under eighteen years of age detained prior to sentencing or disposition of such person's case shall be detained in the custody of the Judicial Branch.

(b) Notwithstanding any provision of the general statutes, on and after July 1, 2018, the Department of Correction may not hold in its custody any person under eighteen years of age, provided legislation enacted in conformance with the recommendations reported pursuant to subsection (c) of this section is in effect.

(c) Not later than October 1, 2017, the Departments of Correction, Children and Families and Education, and the Court Support Services Division of the Judicial Branch shall jointly develop and submit in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary and to the Juvenile Justice Planning and Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, a plan to implement the provisions of subsection (b) of this section. The plan shall include recommendations for legislation as may be necessary or appropriate and any other recommendations to implement the provisions of said subsection (b).

(d) Upon request of the Juvenile Justice Policy and Oversight Committee, a state agency shall timely provide statistical data and other information relevant to the development of the plan required under subsection (c) of this section.

Sec. 2. Section 4-68t of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

The Secretary of the Office of Policy and Management shall track and analyze the rates of recidivism for children in this state. Not later than August 15, 2018, and annually thereafter, the secretary shall submit, in accordance with section 11-4a, a report containing and analyzing such rates of recidivism to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.

Sec. 3. Section 46b-121n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) There is established a Juvenile Justice Policy and Oversight Committee. The committee shall evaluate policies related to the juvenile justice system and the expansion of juvenile jurisdiction to include persons sixteen and seventeen years of age.

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

(1) Two members of the General Assembly, one of whom shall be appointed by the speaker of the House of Representatives, and one of whom shall be appointed by the president pro tempore of the Senate;

(2) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, children, human services and appropriations, or their designees;

(3) The Chief Court Administrator, or the Chief Court Administrator's designee;

(4) A judge of the superior court for juvenile matters, appointed by the Chief Justice;

(5) The executive director of the Court Support Services Division of the Judicial Department, or the executive director's designee;

(6) The executive director of the Superior Court Operations Division, or the executive director's designee;

(7) The Chief Public Defender, or the Chief Public Defender's designee;

(8) The Chief State's Attorney, or the Chief State's Attorney's designee;

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

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

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

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

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

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

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

(16) The president of the Connecticut Police Chiefs Association, or the president's designee;

(17) The chief of police of a municipality with a population in excess of one hundred thousand, appointed by the president of the Connecticut Police Chiefs Association;

(18) Two child [or youth] advocates, one of whom shall be appointed by one chairperson of the Juvenile Justice Policy and Oversight Committee, and one of whom shall be appointed by the other chairperson of the Juvenile Justice Policy and Oversight Committee;

(19) Two parents or parent advocates, at least one of whom is the parent of a child who has been involved with the juvenile justice system, one of whom shall be appointed by the minority leader of the House of Representatives, and one of whom shall be appointed by the minority leader of the Senate;

(20) The Victim Advocate, or the Victim Advocate's designee;

(21) The Child Advocate, or the Child Advocate's designee; and

(22) The Secretary of the Office of Policy and Management, or the secretary's designee.

(c) Any vacancy shall be filled by the appointing authority.

(d) The Secretary of the Office of Policy and Management, or the secretary's designee, and a member of the General Assembly selected jointly by the speaker of the House of Representatives and the president pro tempore of the Senate from among the members serving pursuant to subdivision (1) or (2) of subsection (b) of this section shall be cochairpersons of the committee. Such cochairpersons shall schedule the first meeting of the committee, which shall be held not later than sixty days after June 13, 2014.

(e) Members of the committee shall serve without compensation, except for necessary expenses incurred in the performance of their duties.

(f) Not later than January 1, 2015, and periodically thereafter as the committee deems appropriate, the committee shall report [, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management,] regarding the following:

(1) Any statutory changes concerning the juvenile justice system that the committee recommends to (A) improve public safety; (B) promote the best interests of children [and youths] who are under the supervision, care or custody of the Commissioner of Children and Families or the Court Support Services Division of the Judicial Department; (C) improve transparency and accountability with respect to state-funded services for children [and youths] in the juvenile justice system with an emphasis on goals identified by the committee for community-based programs and facility-based interventions; and (D) promote the efficient sharing of information between the Department of Children and Families and the Judicial Department to ensure the regular collection and reporting of recidivism data and promote public welfare and public safety outcomes related to the juvenile justice system;

(2) A definition of "recidivism" that the committee recommends to be used by state agencies with responsibilities with respect to the juvenile justice system, and recommendations to reduce recidivism for children [and youths] in the juvenile justice system;

(3) Short-term goals to be met within six months, medium-term goals to be met within twelve months and long-term goals to be met within eighteen months, for the Juvenile Justice Policy and Oversight Committee and state agencies with responsibilities with respect to the juvenile justice system to meet, after considering existing relevant reports related to the juvenile justice system and any related state strategic plan;

(4) The impact of legislation that expanded the jurisdiction of the juvenile court to include persons sixteen and seventeen years of age, as measured by the following:

(A) Any change in the average age of children [and youths] involved in the juvenile justice system;

(B) The types of services used by designated age groups and the outcomes of those services;

(C) The types of delinquent acts or criminal offenses that children [and youths] have been charged with since the enactment and implementation of such legislation; and

(D) The gaps in services identified by the committee with respect to children [and youths] involved in the juvenile justice system, including, but not limited to, children [and youths] who have attained the age of eighteen after being involved in the juvenile justice system, and recommendations to address such gaps in services; and

(5) Strengths and barriers identified by the committee that support or impede the educational needs of children [and youths] in the juvenile justice system, with specific recommendations for reforms.

(g) Not later than July 1, 2015, and periodically thereafter as the committee deems appropriate, the committee shall report [, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management,] regarding the following:

(1) The quality and accessibility of diversionary programs available to children [and youths] in this state, including juvenile review boards and services for a child [or youth] who is a member of a family with service needs;

(2) An assessment of the system of community-based services for children [and youths] who are under the supervision, care or custody of the Commissioner of Children and Families or the Court Support Services Division of the Judicial Department;

(3) An assessment of the congregate care settings that are operated privately or by the state and have housed children [and youths] involved in the juvenile justice system in the past twelve months;

(4) An examination of how the state Department of Education and local boards of education, the Department of Children and Families, the Department of Mental Health and Addiction Services, the Court Support Services Division of the Judicial Department, and other appropriate agencies can work collaboratively through school-based efforts and other processes to reduce the number of children [and youths] who enter the juvenile justice system;

(5) An examination of practices and procedures that result in disproportionate minority contact, as defined in section 4-68y, within the juvenile justice system;

(6) A plan to provide that all facilities and programs that are part of the juvenile justice system and are operated privately or by the state provide results-based accountability;

(7) An assessment of the number of children [and youths] who, after being under the supervision of the Department of Children and Families, are convicted as delinquent; and

(8) An assessment of the overlap between the juvenile justice system and the mental health care system for children.

(h) The committee shall complete its duties under this section after consultation with one or more organizations that focus on relevant issues regarding children, [and youths,] such as the University of New Haven and any of the university's institutes. The committee may accept administrative support and technical and research assistance from any such organization. The committee shall work in collaboration with any results first initiative implemented pursuant to section 2-111 or any public or special act.

(i) The committee shall establish a time frame for review and reporting regarding the responsibilities outlined in subdivision (5) of subsection (f) of this section, and subdivisions (1) to (7), inclusive, of subsection (g) of this section. Each report submitted by the committee shall include specific recommendations to improve outcomes and a timeline by which specific tasks or outcomes must be achieved.

(j) The committee shall implement a strategic plan that integrates the short-term, medium-term and long-term goals identified pursuant to subdivision (3) of subsection (f) of this section. As part of the implementation of such plan, the committee shall collaborate with any state agency with responsibilities with respect to the juvenile justice system, including, but not limited to, the Departments of Education, Mental Health and Addiction Services, Correction and Children and Families and the Labor Department and Judicial Department, and municipal police departments. Not later than January 1, 2016, the committee shall report such plan, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management, regarding progress toward the full implementation of such plan and any recommendations concerning the implementation of such identified goals by any state agency with responsibilities with respect to the juvenile justice system or municipal police departments.

(k) [Not later than January 1, 2017, the] The committee shall submit a report [, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children and the Secretary of the Office of Policy and Management,] regarding a plan that includes cost options for the development of a community-based diversion system. Such plan shall include recommendations to address issues concerning mental health and juvenile justice. The plan shall include recommendations regarding the following:

(1) Diversion of children who commit crimes, excluding serious juvenile offenses, from the juvenile justice system;

(2) Identification of services that are evidence-based, trauma-informed and culturally and linguistically appropriate;

(3) Expansion of the capacity of juvenile review boards to accept referrals from municipal police departments and schools and implement restorative practices;

(4) Expansion of the provision of prevention, intervention and treatment services by youth service bureaus;

(5) Expansion of access to in-home and community-based services;

(6) Identification and expansion of services needed to support children who are truant or exhibiting behaviors defiant of school rules and enhance collaboration between school districts and community providers in order to best serve such children;

(7) Expansion of the use of memoranda of understanding pursuant to section 10-233m between local law enforcement agencies and local and regional boards of education;

(8) Expansion of the use of memoranda of understanding between local and regional boards of education and community providers for provision of community-based services;

(9) Recommendations to ensure that children in the juvenile justice system have access to a full range of community-based behavioral health services;

(10) Reinvestment of cost savings associated with reduced incarceration rates for children and increased accessibility to community-based behavioral health services;

(11) Reimbursement policies that incentivize providers to deliver evidence-based practices to children in the juvenile justice system;

(12) Recommendations to promote the use of common behavioral health screening tools in schools and communities;

(13) Recommendations to ensure that secure facilities operated by the Department of Children and Families or the Court Support Services Division of the Judicial Department and private service providers contracting with said department or division to screen children in such facilities for behavioral health issues; and

(14) Expansion of service capacities informed by an examination of grant funds and federal Medicaid reimbursement rates.

(l) (1) The committee shall establish a data working group to develop a plan for a data integration process to link data related to children across executive branch agencies, through the Office of Policy and Management's integrated data system, and the Judicial Department through the Court Support Services Division, for purposes of evaluation and assessment of programs, services and outcomes in the juvenile justice system. Membership of the working group shall include, but not be limited to, the Commissioners of Children and Families, Correction, Education and Mental Health and Addiction Services, or their designees; the Chief State's Attorney, or the Chief State's Attorney's designee; the Chief Public Defender, or the Chief Public Defender's designee; the Secretary of the Office of Policy and Management, or the secretary's designee; and the Chief Court Administrator of the Judicial Branch, or the Chief Court Administrator's designee. Such working group shall include persons with expertise in data development and research design. The plan shall include cost options and provisions to:

[(1)] (A) Access relevant data on juvenile justice populations;

[(2)] (B) Coordinate the handling of data and research requests;

[(3)] (C) Link the data maintained by executive branch agencies and the Judicial Department for the purposes of facilitating the sharing and analysis of data;

[(4)] (D) Establish provisions for protecting confidential information and enforcing state and federal confidentiality protections and ensure compliance with related state and federal laws and regulations;

[(5)] (E) Develop specific recommendations for the committee on the use of limited releases of client specific data sharing across systems, including with the Office of Policy and Management, the Division of Criminal Justice, the Departments of Children and Families, Education and Mental Health and Addiction Services, the Judicial Department and other agencies; and

[(6)] (F) Develop a standard template for memoranda of understanding for data-sharing between executive branch agencies, the Judicial Department, and when necessary, researchers outside of state government.

(2) Not later than October 1, 2017, the data working group shall submit to the committee a data collection work plan to support the recidivism reduction framework developed pursuant to section 46b-121o. The plan shall identify, and shall make recommendations concerning, the consistent and reliable collection of a set of data points that is consistent with the recidivism reduction framework and consistent with national best practices. The data points shall include, but need not be limited to, data points concerning risk level, treatment matching and treatment dosage.

(m) (1) The committee shall examine the community-based diversion system created in accordance with the plan developed under subsection (k) of this section. As part of such examination, the committee shall assess the system's capacity to manage and provide services effectively in accordance with the plan.

(2) (A) Not later than January 1, 2018, the committee shall report its findings pursuant to subdivision (1) of this subsection.

(B) Not later than January 1, 2019, the committee shall report any updates to the findings reported pursuant to subparagraph (A) of this subdivision.

(n) (1) Not later than July 1, 2018, the committee, in collaboration with the Children's Mental, Emotional and Behavioral Health Plan Implementation Advisory Board established pursuant to section 17a-22ff, shall submit a report concerning the array of behavioral health services that is most appropriate for addressing the mental health and substance abuse needs of children diverted from justice system involvement or diverted from pre-adjudication detention.

(2) The report shall include, but need not be limited to:

(A) Statistical data concerning the behavioral health needs of children who are eligible for diversion from justice involvement or pre-adjudication detention, or who might become so eligible with appropriate behavioral health services;

(B) An analysis and description of the existing and the optimal nature, quality, availability and geographical distribution of behavioral health services appropriate for meeting the needs of such children;

(C) Recommendations concerning any policies and procedures that should be adopted to increase the availability of behavioral health services for such children; and

(D) An analysis of costs associated with enhancing the existing array of behavioral health services.

(o) (1) Not later than January 1, 2018, the committee shall develop a plan for the creation and implementation of a system for improving vocational and education outcomes for children involved in the juvenile justice system.

(2) The plan shall include at least the following:

(A) An analysis of the costs and benefits of vocational education programs in this state for the fiscal years ending June 30, 2016, and June 30, 2017;

(B) An analysis of cost options for the system described in subdivision (1) of this subsection;

(C) Articulation of a definition of the term "vocational education program" for children involved in the juvenile justice system;

(D) A pilot program for an educational records exchange system to ensure that credits and educational records follow children across placements, educational programs and service providers;

(E) Identification of and proposals for use by all state agencies, schools and private providers of contracted-for services who work with children involved in the juvenile justice system of one or more vocational education assessment instruments to assess vocational readiness, strengths, interests, protective factors, risk factors for delinquency and behavioral and academic needs of such children;

(F) Provisions for ensuring that any vocational education assessments and all educational planning documents follow children across placements, educational programs and service providers;

(G) Establishment of a framework to be used by state agencies and private providers when developing dispositional plans for children adjudicated as delinquent. Such framework should ensure that each dispositional plan includes vocational and educational goals as well as measures to promote protective factors and address risk factors that might interfere with a child's ability to be successful in an educational or vocational program;

(H) Identification of potential barriers to success and promising practices to improve educational and vocational outcomes for children involved in the juvenile justice system, including, but not limited to, delinquency risk factors, protective factors, housing stability, academic needs and deficits, transportation needs and behavioral health needs;

(I) Identification of, and provisions for adopting, best-practice components of a state-funded vocational education continuum for children involved in the juvenile justice system, including, but not limited to, credit recovery, contextualized learning, pre-employment and life skills, work-based learning, entrepreneurial skills, bridges to post-secondary programming, stackable skills and credits, and programs that meet the special education needs of children involved in the juvenile justice system;

(J) The establishment of discharge teams and protocols, including a discharge planning process to ensure that all children returning to the community from state custody have access to a full range of programming, including vocational and technical education, job readiness, secondary education and life skills training; and

(K) The development of an interagency accountability system and common cross-agency outcome measures within this state's results-based accountability framework to track child outcomes and performance of the system described in subdivision (1) of this subsection.

(p) Upon the request of the committee, a state agency shall timely provide statistical data and other information relevant to any evaluation, review, report, examination, assessment or development of a plan required by this section.

(q) Any evaluation, review, report, examination, assessment or development of a plan required of the committee by this section shall be submitted in accordance with the provisions of section 11-4a to the Secretary of the Office of Policy and Management and to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children.

(r) The provisions of section 2c-21 do not apply to this section.

Sec. 4. Subsections (d) to (f), inclusive, of section 46b-127 of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2018):

(d) Any child whose case is transferred to the regular criminal docket of the Superior Court who is detained pursuant to such case prior to sentencing or disposition shall be in the custody of the [Commissioner of Correction upon the finalization of such transfer. A transfer shall be final (1) upon the arraignment on the regular criminal docket until a motion filed by the state's attorney pursuant to subsection (a) of this section is granted by the court, or (2) upon the arraignment on the regular criminal docket of a transfer ordered pursuant to subsection (b) of this section until the court sitting for the regular criminal docket orders the case returned to the docket for juvenile matters for good cause shown. Any child whose case is returned to the docket for juvenile matters who is detained pursuant to such case shall be in the custody of the Judicial Department.

(e) The transfer of a child to a Department of Correction facility shall be limited as provided in subsection (d) of this section and said subsection shall not be construed to permit the transfer of or otherwise reduce or eliminate any other population of juveniles in detention or confinement within the Judicial Department or the Department of Children and Families] Judicial Department.

[(f)] (e) Upon the motion of any party or upon the court's own motion, the case of any youth age sixteen or seventeen, except a case that has been transferred to the regular criminal docket of the Superior Court pursuant to subsection (a) or (b) of this section, which is pending on the youthful offender docket, regular criminal docket of the Superior Court or any docket for the presentment of defendants in motor vehicle matters, where the youth is charged with committing any offense or violation for which a term of imprisonment may be imposed, other than a violation of section 14-227a, 14-227g or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n, may, before trial or before the entry of a guilty plea, be transferred to the docket for juvenile matters if (1) the youth is alleged to have committed such offense or violation on or after January 1, 2010, while sixteen years of age, or is alleged to have committed such offense or violation on or after July 1, 2012, while seventeen years of age, and (2) after a hearing considering the facts and circumstances of the case and the prior history of the youth, the court determines that the programs and services available pursuant to a proceeding in the superior court for juvenile matters would more appropriately address the needs of the youth and that the youth and the community would be better served by treating the youth as a delinquent. Upon ordering such transfer, the court shall vacate any pleas entered in the matter and advise the youth of the youth's rights, and the youth shall (A) enter pleas on the docket for juvenile matters in the jurisdiction where the youth resides, and (B) be subject to prosecution as a delinquent child. The decision of the court concerning the transfer of a youth's case from the youthful offender docket, regular criminal docket of the Superior Court or any docket for the presentment of defendants in motor vehicle matters shall not be a final judgment for purposes of appeal.

Sec. 5. (NEW) (Effective from passage) (a) The Department of Children and Families shall provide the Juvenile Justice Planning and Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, with periodic written or oral reports, together with all data requested by the committee concerning planning for, and implementation of, the closure of the Connecticut Juvenile Training School and the Pueblo Unit for girls.

(b) The department, pursuant to subsection (a) of this section, shall report on any of the following, as requested by the committee:

(1) The conduct and results of an independent review of the Connecticut Juvenile Training School and Pueblo Unit population, including the risk and needs levels of the population and recommendations concerning additional use of probation and other alternatives to commitment;

(2) The development of a structured decision matrix to ensure that children who are at risk of commitment to the department's custody are referred to the appropriate level of supervision or care;

(3) The use of a validated risk and needs assessment tool for children committed to the custody of the department, to ensure that all such children are provided with appropriate programming and therapeutic services in the least restrictive environment;

(4) The issuance by the department of any request for information for private, not-for-profit providers regarding a continuum of secure community-based therapeutic facilities, with a maximum of fifteen beds in each facility, for children who have been committed to the department; and

(5) Any other information deemed relevant or appropriate by the committee.

Sec. 6. Section 46b-149 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019):

[(a) Any selectman, town manager, police officer or welfare department of any town, city or borough, any probation officer or superintendent of schools, the Commissioner of Children and Families, any child-caring institution or agency approved or licensed by the Commissioner of Children and Families, any youth service bureau, a parent or foster parent of a child, or a child or the child's representative or attorney, who believes that the acts or omissions of a child are such that the child is from a family with service needs, may file a written complaint setting forth those facts with the Superior Court which has venue over the matter.

(b) The court shall refer a complaint filed under subsection (a) of this section to a probation officer, who shall promptly determine whether it appears that the alleged facts, if true, would be sufficient to meet the definition of a family with service needs, provided a complaint alleging that a child is a truant or habitual truant shall not be determined to be insufficient to meet the definition of a family with service needs solely because it was filed during the months of April, May or June. If such probation officer so determines, the probation officer shall, after an initial assessment, promptly refer the child and the child's family to a suitable community-based program or other service provider, or to a family support center as provided in section 46b-149e, for voluntary services. If the child and the child's family are referred to a community-based program or other service provider and the person in charge of such program or provider determines that the child and the child's family can no longer benefit from its services, such person shall inform the probation officer, who shall, after an appropriate assessment, either refer the child and the child's family to a family support center for additional services or determine whether or not to file a petition with the court under subsection (c) of this section. If the child and the child's family are referred to a family support center and the person in charge of the family support center determines that the child and the child's family can no longer benefit from its services, such person shall inform the probation officer, who may file a petition with the court in the manner prescribed in subsection (c) of this section. The probation officer shall inform the complainant in writing of the probation officer's action under this subsection. If it appears that the allegations are not true, or that the child's family does not meet the definition of a family with service needs, the probation officer shall inform the complainant in writing of such finding.]

(a) The provisions of this section in effect on June 30, 2019, revision of 1958, revised to January 1, 2019, shall be applicable to any petition filed in accordance with such provisions on or before June 30, 2019.

[(c)] (b) A petition alleging that a child is from a family with service needs shall be verified and filed with the Superior Court which has venue over the matter. The petition shall set forth plainly: (1) The facts which bring the child within the jurisdiction of the court; (2) the name, date of birth, sex and residence of the child; (3) the name and residence of the child's parent or parents, guardian or other person having control of the child; and (4) a prayer for appropriate action by the court in conformity with the provisions of this section.

[(d)] (c) When a petition is filed under subsection [(c)] (b) of this section, the court may issue a summons to the child and the child's parents, guardian or other person having control of the child to appear in court at a specified time and place. The summons shall be signed by a judge or by the clerk or assistant clerk of the court, and a copy of the petition shall be attached to it. Whenever it appears to the judge that orders addressed to an adult, as set forth in section 46b-121, are necessary for the welfare of such child, a similar summons shall be issued and served upon such adult if he or she is not already in court. Service of summons shall be made in accordance with section 46b-128. The court may punish for contempt, as provided in section 46b-121, any parent, guardian or other person so summoned who fails to appear in court at the time and place so specified. If a petition is filed under subsection [(c)] (b) of this section alleging that a child is from a family with service needs because a child is a truant or habitual truant, the court may not dismiss such petition solely because it was filed during the months of April, May or June.

[(e)] (d) When a petition is filed under subsection [(c)] (b) of this section alleging that a child is from a family with service needs because such child has been habitually truant, the court shall order that the local or regional board of education for the town in which the child resides, or the private school in the case of a child enrolled in a private school, shall cause an educational evaluation of such child to be performed if no such evaluation has been performed within the preceding year. Any costs incurred for the performance of such evaluation shall be borne by such local or regional board of education or such private school.

[(f)] (e) If it appears from the allegations of a petition or other sworn affirmations that there is: (1) A strong probability that the child may do something that is injurious to himself prior to court disposition; (2) a strong probability that the child will run away prior to the hearing; or (3) a need to hold the child for another jurisdiction, a judge may vest temporary custody of such child in some suitable person or agency. No nondelinquent juvenile runaway from another state may be held in a state-operated detention home in accordance with the provisions of section 46b-151h, the Interstate Compact for Juveniles. A hearing on temporary custody shall be held not later than ten days after the date on which a judge signs an order of temporary custody. Following such hearing, the judge may order that the child's temporary custody continue to be vested in some suitable person or agency. Any expenses of temporary custody shall be paid in the same manner as provided in subsection (b) of section 46b-129.

[(g)] (f) If a petition is filed under subsection [(c)] (b) of this section and it appears that the interests of the child or the family may be best served, prior to adjudication, by a referral to community-based or other services, the judge may permit the matter to be continued for a reasonable period of time not to exceed six months, which time period may be extended by an additional three months for cause. If it appears at the conclusion of the continuance that the matter has been satisfactorily resolved, the judge may dismiss the petition.

[(h)] (g) If the court finds, based on clear and convincing evidence, that a child is from a family with service needs, the court may, in addition to issuing any orders under section 46b-121: (1) Refer the child to the Department of Children and Families for any voluntary services provided by the department or, if the child is from a family with service needs solely as a result of a finding that the child is a truant or habitual truant, to the authorities of the local or regional school district or private school for services provided by such school district or such school, which services may include summer school, or to community agencies providing child and family services; (2) order the child to remain in the child's own home or in the custody of a relative or any other suitable person (A) subject to the supervision of a probation officer, or (B) in the case of a child who is from a family with service needs solely as a result of a finding that the child is a truant or habitual truant, subject to the supervision of a probation officer and the authorities of the local or regional school district or private school; (3) if the child is from a family with service needs as a result of the child engaging in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child, (A) refer the child to a youth service bureau or other appropriate service agency for participation in a program such as a teen pregnancy program or a sexually transmitted disease program, and (B) require such child to perform community service such as service in a hospital, an AIDS prevention program or an obstetrical and gynecological program; or (4) upon a finding that there is no less restrictive alternative, commit the child to the care and custody of the Commissioner of Children and Families for an indefinite period not to exceed eighteen months. The child shall be entitled to representation by counsel and an evidentiary hearing. If the court issues any order which regulates future conduct of the child, parent or guardian, the child, parent or guardian shall receive adequate and fair warning of the consequences of violation of the order at the time it is issued, and such warning shall be provided to the child, parent or guardian, to his or her attorney and to his or her legal guardian in writing and shall be reflected in the court record and proceedings.

[(i)] (h) At any time during the period of supervision, after hearing and for good cause shown, the court may modify or enlarge the conditions, whether originally imposed by the court under this section or otherwise, as deemed appropriate by the court. The court shall cause a copy of any such orders to be delivered to the child and to such child's parent or guardian and probation officer.

[(j)] (i) (1) The Commissioner of Children and Families may file a motion for an extension of a commitment under this section on the grounds that an extension would be in the best interest of the child. The court shall give notice to the child and the child's parent or guardian at least fourteen days prior to the hearing upon such motion. The court may, after hearing and upon finding that such extension is in the best interest of the child and that there is no suitable less restrictive alternative, continue the commitment for an additional indefinite period of not more than eighteen months. (2) The Commissioner of Children and Families may at any time file a motion to discharge a child committed under this section, and any child committed to the commissioner under this section, or the parent or guardian of such child, may at any time but not more often than once every six months file a motion to revoke such commitment. The court shall notify the child, the child's parent or guardian and the commissioner of any motion filed under this subsection, and of the time when a hearing on such motion will be held. Any order of the court made under this subsection shall be deemed a final order for purposes of appeal, except that no bond shall be required and no costs shall be taxed on such appeal. (3) Not later than twelve months after a child is committed to the Commissioner of Children and Families in accordance with subdivision (4) of subsection [(h)] (g) of this section or section 46b-149f, the court shall hold a permanency hearing in accordance with subsection [(k)] (j) of this section. After the initial permanency hearing, subsequent permanency hearings shall be held at least once every twelve months while the child remains committed to the Commissioner of Children and Families.

[(k)] (j) At least sixty days prior to each permanency hearing required under subsection [(j)] (i) of this section, the Commissioner of Children and Families shall file a permanency plan with the court. At each permanency hearing, the court shall review and approve a permanency plan that is in the best interests of the child and takes into consideration the child's need for permanency. Such permanency plan may include the goal of: (1) Revocation of commitment and subsequent placement of the child with the parent or guardian, (2) transfer of guardianship, (3) permanent placement with a relative, (4) adoption, or (5) any other planned permanent living arrangement ordered by the court, provided the Commissioner of Children and Families has documented a compelling reason why it would not be in the best interest of the child for the permanency plan to include the goals set forth in subdivisions (1) to (4), inclusive, of this subsection. Such other planned permanent living arrangement may include, but not be limited to, placement of the child in an independent living program. At any such permanency hearing, the court shall also determine whether the Commissioner of Children and Families has made reasonable efforts to achieve the goals in the permanency plan.

Sec. 7. (NEW) (Effective from passage) Not later than June 30, 2017, the Commissioner of Education shall implement the community-based diversion system, as planned by the Juvenile Justice and Policy Oversight Committee pursuant to subsection (k) of section 46b-121n of the general statutes, as amended by this act, provided the commissioner can implement such system within existing resources.

Sec. 8. (Effective from passage) (a) Not later than August 15, 2018, the Commissioner of Education and the superintendent of the technical high school system shall implement the plan pursuant to subsection (o) of section 46b-121n of the general statutes, as amended by this act, for the creation and implementation of a system for improving vocational and education outcomes for children involved in the juvenile justice system.

(b) Upon the request of the Juvenile Justice and Policy Oversight Committee established pursuant to section 46b-121n of the general statutes, as amended by this act, a state agency shall timely provide to the committee and the commissioner and superintendent any statistical data and other information relevant and in support of the implementation of the plan required by this section.

Sec. 9. Subdivision (5) of section 46b-120 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019):

(5) "Family with service needs" means a family that includes a child who is at least seven years of age and is under eighteen years of age who, according to a petition lawfully filed on or before June 30, 2019, (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, (B) is beyond the control of the child's or youth's parent, parents, guardian or other custodian, (C) has engaged in indecent or immoral conduct, (D) is a truant or habitual truant or who, while in school, has been continuously and overtly defiant of school rules and regulations, or (E) is thirteen years of age or older and has engaged in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child or youth;

Sec. 10. Subsection (l) of section 46b-124 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(l) (1) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any [detention screening or] mental health screening or assessment of such child, during the provision of services pursuant to subsection (b) of section 46b-149, or during the performance of an educational evaluation pursuant to subsection (e) of section 46b-149, shall be used solely for planning and treatment purposes and shall otherwise be confidential and retained in the files of the entity providing such services or performing such screening, assessment or evaluation. Such information may be further disclosed only for the purposes of any court-ordered evaluation or treatment of the child or provision of services to the child, or pursuant to sections 17a-101 to 17a-101e, inclusive, 17b-450, 17b-451 or 51-36a. [Any information concerning a child that is obtained during the administration of the detention screening instrument in accordance with section 46b-133 shall be used solely for the purpose of making a recommendation to the court regarding the detention of the child.] Such information shall not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

(2) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any detention risk screening of such child shall be used solely for determining the child's risk to public safety as required by subsection (e) of section 46b-133. The information obtained and results of the detention risk screening shall be used for the purpose of making a recommendation to the court regarding the detention of the child and shall otherwise be confidential and retained in the files of the person performing such screening, but shall be disclosed to any attorney of record upon motion and order of the court. Any information and results disclosed upon such motion and order shall be available to any attorney of record for such case. Such information and results shall otherwise not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

Sec. 11. Subsection (l) of section 46b-124 of the general statutes, as amended by section 10 of this act, is repealed and the following is substituted in lieu thereof (Effective July 1, 2019):

(l) (1) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any mental health screening or assessment of such child, for which the child was referred on or before June 30, 2019, during the provision of services pursuant to the provisions of subsection (b) of section 46b-149, in effect on June 30, 2019, revision of 1958, revised to January 1, 2019, or during the performance of an educational evaluation pursuant to subsection [(e)] (d) of section 46b-149, as amended by this act, shall be used solely for planning and treatment purposes and shall otherwise be confidential and retained in the files of the entity providing such services or performing such screening, assessment or evaluation. Such information may be further disclosed only for the purposes of any court-ordered evaluation or treatment of the child or provision of services to the child, or pursuant to sections 17a-101 to 17a-101e, inclusive, 17b-450, 17b-451 or 51-36a. Such information shall not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

(2) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any detention risk screening of such child shall be used solely for determining the child's risk to public safety as required by subsection (e) of section 46b-133. The information obtained and results of the detention risk screening shall be used for the purpose of making a recommendation to the court regarding the detention of the child and shall otherwise be confidential and retained in the files of the person performing such screening, but shall be disclosed to any attorney of record upon motion and order of the court. Any information and results disclosed upon such motion and order shall be available to any attorney of record for such case. Such information and results shall otherwise not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

Sec. 12. Subsections (a) and (b) of section 46b-149f of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2019):

(a) When a child who has been adjudicated as a child from a family with service needs in accordance with section 46b-149, as amended by this act, violates any valid order which regulates future conduct of the child made by the court following such an adjudication, a probation officer, on receipt of a complaint setting forth facts alleging such a violation, or on the probation officer's own motion on the basis of his or her knowledge of such a violation, may file a petition with the court alleging that the child has violated a valid court order and setting forth the facts claimed to constitute such a violation. Service shall be made in the same manner as set forth for a summons in subsection [(d)] (c) of section 46b-149, as amended by this act. The child shall be entitled to representation by counsel and an evidentiary hearing on the allegations contained in the petition. If the court finds, by clear and convincing evidence, that the child has violated a valid court order, the court may (1) order the child to remain in such child's home or in the custody of a relative or any other suitable person, subject to the supervision of a probation officer or an existing commitment to the Commissioner of Children and Families, (2) upon a finding that there is no less restrictive alternative appropriate to the needs of the child and the community, enter an order that directs or authorizes a peace officer or other appropriate person to place the child in a staff-secure facility under the auspices of the Court Support Services Division for a period not to exceed forty-five days, with court review every fifteen days to consider whether continued placement is appropriate, at the end of which period the child shall be returned to the community and may be subject to the supervision of a probation officer, or (3) order that the child be committed to the care and custody of the Commissioner of Children and Families for a period not to exceed eighteen months and that the child cooperate in such care and custody.

(b) When a child who has been adjudicated as a child from a family with service needs in accordance with section 46b-149, as amended by this act, is under an order of supervision or an order of commitment to the Commissioner of Children and Families and believed to be in imminent risk of physical harm from the child's surroundings or other circumstances, a probation officer, on receipt of a complaint setting forth facts alleging such risk, or on the probation officer's own motion on the basis of his or her knowledge of such risk, may file a petition with the court alleging that the child is in imminent risk of physical harm and setting forth the facts claimed to constitute such risk. Service shall be made in the same manner as set forth for a summons in subsection [(d)] (c) of section 46b-149, as amended by this act. If it appears from the specific allegations of the petition and other verified affirmations of fact accompanying the petition, or subsequent thereto, that there is probable cause to believe that (1) the child is in imminent risk of physical harm from the child's surroundings, (2) as a result of such condition, the child's safety is endangered and immediate removal from such surroundings is necessary to ensure the child's safety, and (3) there is no less restrictive alternative available, the court shall enter an order that directs or authorizes a peace officer or other appropriate person to place the child in a staff-secure facility under the auspices of the Court Support Services Division for a period not to exceed forty-five days, subject to subsection (c) of this section, with court review every fifteen days to consider whether continued placement is appropriate, at the end of which period the child shall either be (A) returned to the community for appropriate services, subject to the supervision of a probation officer or an existing commitment to the Commissioner of Children and Families, or (B) committed to the Department of Children and Families for a period not to exceed eighteen months if a hearing has been held and the court has found, based on clear and convincing evidence, that (i) the child is in imminent risk of physical harm from the child's surroundings, (ii) as a result of such condition, the child's safety is endangered and removal from such surroundings is necessary to ensure the child's safety, and (iii) there is no less restrictive alternative available. Any such child shall be entitled to the same procedural protections as are afforded to a delinquent child.

Sec. 13. Subsection (a) of section 46b-133g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) Not later than January 1, 2017, the Court Support Services Division of the Judicial Department shall develop and implement a detention risk assessment instrument to be used to determine, based on the risk level, whether there is: (1) Probable cause to believe that a child will pose a risk to public safety if released to the community prior to the court hearing or disposition, or (2) a need to hold the child in order to ensure the child's appearance before the court, as demonstrated by the child's previous failure to respond to the court process. Such instrument shall be used when assessing whether a child should be detained pursuant to section 46b-133. Any detention risk screening shall be subject to the protections of subsection (l) of section 46b-124, as amended by this act.

This act shall take effect as follows and shall amend the following sections:
Section 1	from passage	New section
Sec. 2	October 1, 2017	4-68t
Sec. 3	October 1, 2017	46b-121n
Sec. 4	January 1, 2018	46b-127(d) to (f)
Sec. 5	from passage	New section
Sec. 6	July 1, 2019	46b-149
Sec. 7	from passage	New section
Sec. 8	from passage	New section
Sec. 9	July 1, 2019	46b-120(5)
Sec. 10	July 1, 2018	46b-124(l)
Sec. 11	July 1, 2019	46b-124(l)
Sec. 12	July 1, 2019	46b-149f(a) and (b)
Sec. 13	July 1, 2018	46b-133g(a)

Statement of Legislative Commissioners:

Section 3(m) was moved to Section 3(p) for clarity.

JUD

Joint Favorable Subst.