OCA: Legislative Initiatives 2003

During 2003, the Office of the Child Advocate was involved in the following legislative initiatives:

a. Home health care agencies cannot be reimbursed by state contracted health insurers or Title XIX for providing home health aid services to clients at child care centers, only at their homes. Conn. Gen. Stat. § 19a-490, defines home as the client’s home or substantially equivalent environments. OCA proposes that Home care agencies be reimbursed by state contracted health insurers and Title XIX for services provided to children with special health care needs in substantially equivalent environments to the patient’s home, including but not limited to, child care centers.

b. The federal Americans with Disabilities Act requires that reasonable effort must be made to accommodate the children with special needs and to integrate them with other children. There is no corresponding Connecticut state statute. OCA proposes a technical change to bring Connecticut into conformance with federal law.

c. Connecticut child care centers are not required to provide diaper changing areas to accommodate children over the age of three (3) who are dependent for diaper changes. The result is that children are excluded from child care services. OCA proposes that child care centers provide within their setting an area suitable for conducting diaper changing of children over three years old.

d. There is no formal mechanism in place for families to bring forth concerns regarding child care centers in Connecticut. OCA proposes that the Department of Social Services, as the lead agency for child care services in Connecticut, provide a clear and accessible means for families to bring forth concerns about child care services.

e. Many Connecticut child care centers, family day care homes and group homes cannot afford construction costs for ramps to improve access to their services. OCA proposes Connecticut state bond funds be made available to child care centers, family day care homes, and group homes for the building of ramps to improve accessibility.

a. Some children are placed in out-of-sate institutions for the purpose of residential special educational services by their local education agencies (LEA) without the involvement or corresponding oversight of the Department of Children and Families. (In January of 2003 there are over 200 children in such circumstances). There is no mechanism in place to track or monitor the care, safety or well being of those children. The LEA is only obligated, by federal law, to monitor compliance with individual educational plans. OCA proposes that LEAs placing children in out-of-state institutions be bought into conformance with CT Public Act 01-2[1] and that the placing agency be required to make periodic, face-to-face visits in order to assess the well being of any child placed out-of-state.

b. No state or local agency maintains data regarding the placement and progress of children placed in out-of-state institutions for the purposes of residential educational services.

OCA proposes that the state Department of Education shall establish a database for the purposes of tracking all students placed in out-of-state facilities by their local education authorities. The local educational authorities shall report periodically on the placement, progress and plan for each child placed out-of-state.

There are many residential facilities in the state of Connecticut that are not required to be licensed or certified to provide services to children, including facilities that are owned and operated by the Department of Children and Families and some that are owned or operated by the Court Service Division of the Superior Court for Juvenile Matters. OCA proposes that all out-of-home residential facilities charged with caring for children shall be licensed and/or certified to be in conformity with standards set forth by the Department of Children and Families to private contracted facilities. Facilities to be licensed and/or certified by the Department of Children and Families shall include all facilities owned and/or operated by the Department of Children and Families as well as all facilities owned and/or operated by the Court Support Services Division of the Superior Court for Juvenile Matters.

[1] PA No. 01-2, Sec. 25 (new) Any state agency that places a child, as defined in section 17a-93 of the general statutes, in a residential facility shall enter into a written agreement with the facility at the time of the placement. Such written agreement shall establish clear standards for the child’s care and treatment, including, but not limited to, requirements for monthly written reports concerning the child’s care and treatment, addressed to the case worker overseeing the child’s placement. The monthly written reports shall set forth child-specific goals and expectations for treatment and progress. The written agreement shall require the facility to report promptly to the placing agency any allegations that the child is abused or neglected, as defined in section 46b-120 of the general statutes, or any incidence of abuse or neglect of an individual placed in the facility. The placing agency shall ensure that a discharge plan is initiated within two weeks of the child’s placement in the facility.