Legislation from Latest Session

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:

Office of Legislative Research

  • 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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