Sec. 17a-11. (Formerly Sec. 17-419). Voluntary admission. Termination of admission. Permanency plan. Review of plan by probate court. Appeals. Regulations. Plan for care and treatment of persons eight
Sec. 17a-11. (Formerly Sec. 17-419). Voluntary admission. Termination of admission. Permanency plan. Review of plan by probate court. Appeals. Regulations.
Plan for care and treatment of persons eighteen years of age or older. (a) 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.
(b) A child or youth voluntarily admitted to the department shall be deemed to be
within the care of the commissioner until such admission is terminated. The commissioner shall terminate the admission of any child or youth voluntarily admitted to the
department within ten days after receipt of a written request for termination from a
parent or guardian of any child under fourteen years of age or from a child if such child
is fourteen years of age or older, or youth, unless prior to the expiration of that time the
commissioner has sought and received from the Superior Court an order of temporary
custody as provided by law. The commissioner may terminate the admission of any
child or youth voluntarily admitted to the department after giving reasonable notice in
writing to the parent or guardian of any child under fourteen years of age and to a child
fourteen years of age or older, and to any youth. Any child or youth admitted voluntarily
to the department may be placed in, or transferred to, any resource, facility or institution
within the department or available to the commissioner except the Connecticut Juvenile
Training School, provided the commissioner shall give written notice to such child or
youth and to the parent or guardian of the child of the commissioner's intention to make
a transfer at least ten days prior to any actual transfer, unless written notice is waived
by those entitled to receive it, or unless an emergency commitment of such child or
youth is made pursuant to section 17a-502.
(c) Not more than one hundred twenty days after admitting a child or youth on a
voluntary basis, the department shall petition the probate court for the district in which
a parent or guardian of the child or youth resides for a determination as to whether
continuation in care is in the child's or youth's best interest and, if so, whether there is
an appropriate case service or permanency plan. 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. The court shall order notice of the hearing to be given by
first class mail at least five days prior to the hearing to the Commissioner of Children
and Families, and by first class mail at least five days prior to the hearing to the parents
or guardian of the child and the minor, if over twelve years of age. If the whereabouts
of the parent or guardian are unknown, or if delivery cannot reasonably be effected,
then notice shall be ordered to be given by publication. In making its determination, the
court shall consider the items specified in subsection (d) of this section. The court shall
possess continuing jurisdiction in proceedings under this section.
(d) (1) Ten months after admitting a child or youth on a voluntary basis and annually
thereafter if the child or youth remains in the custody of the commissioner and remains
placed in a foster home licensed pursuant to section 17a-114 or a facility licensed pursuant to section 17a-145 or 17a-154, the commissioner shall file a motion for review of
a permanency plan. A hearing on such motion shall be held not later than thirty days
after the filing of such motion. The court shall provide notice to the child or youth and
such child's or youth's parent or guardian of the time and place of the hearing on such
motion not less than ten days prior to the date of such hearing.
(2) At a permanency hearing held in accordance with the provisions of subdivision
(1) of this subsection, the court shall approve a permanency plan that is in the best
interests of the child or youth and takes into consideration the child's or youth's need
for permanency. The health and safety of the child or youth shall be of paramount
concern in formulating such plan. At such hearing, the court shall consider among other
things: (A) The appropriateness of the department's plan for service to the child or youth
and his or her family; (B) the treatment and support services that have been offered and
provided to the child or youth to strengthen and reunite the family; (C) if return home
is not likely for the child or youth, the efforts that have been made or should be made
to evaluate and plan for other modes of care; and (D) any further efforts which have
been or will be made to promote the best interests of the child or youth.
(3) The permanency plan pursuant to subdivision (2) of this subsection may include
the goal of (A) placement of the child or youth with the parent or guardian, (B) transfer
of guardianship, (C) long-term foster care with a relative licensed as a foster parent or
certified as a relative caregiver, (D) termination of parental rights and adoption, or (E)
such other planned permanent living arrangement ordered by the court provided the
commissioner has documented a compelling reason why it would not be in the best
interest of the child or youth for the permanency plan to include the goals in subparagraphs (A) to (D), inclusive, of this subdivision. Such other planned permanent living
arrangement may include, but not be limited to, placement of a child or youth in an
independent living program or long-term foster care with an identified foster parent.
(4) At a permanency hearing, the court shall review the status of the child or youth
and the progress being made to implement the permanency plan, determine a timetable
for attaining the permanency prescribed by the plan and determine whether the commissioner has made reasonable efforts to achieve the permanency plan. At the conclusion
of the hearing, the court may: (A) Direct that the services being provided, or the placement of the child or youth and reunification efforts, be continued if the court, after
hearing, determines that continuation of the child or youth in services or placement is
in the child's or youth's best interests, or (B) direct that the child's or youth's services
or placement be modified to reflect the child's or youth's best interest.
(e) The commissioner shall adopt regulations in accordance with chapter 54 describing the documentation required for voluntary admission and for informal administrative
case review, upon request, of any denial of an application for voluntary admission.
(f) Any person aggrieved by a decision of the commissioner denying voluntary
services may appeal such decision through an administrative hearing held pursuant to
chapter 54.
(g) Notwithstanding any provision of sections 17a-1 to 17a-26, inclusive, and 17a-28 to 17a-49, inclusive, any person already under the care and supervision of the Commissioner of Children and Families who has passed such person's eighteenth birthday
but has not yet reached such person's twenty-first birthday may be permitted to remain
voluntarily under the supervision of the commissioner, provided the commissioner, in
the commissioner's discretion, determines that such person would benefit from further
care and support from the Department of Children and Families. Any person remaining
voluntarily under the supervision of the commissioner pursuant to this subsection shall
be entitled to a written plan for care and treatment, and review of such plan, in accordance
with section 17a-15.
(h) Upon motion of any interested party in a Probate Court proceeding under this
section, the probate court of record may transfer the file for cause shown to a probate
court for a district other than the district in which the initial or permanency hearing was
held. The file shall be transferred by the probate court of record making copies of all
recorded documents in the court file, certifying each of them, and delivering the certified
copies to the probate court to which the matter is transferred.
(1969, P.A. 664, S. 12; 1971, P.A. 265; P.A. 73-69, S. 1, 2; P.A. 75-524, S. 8, 30; P.A. 77-604, S. 13, 84; P.A. 78-238;
78-280, S. 29, 127; P.A. 93-91, S. 1, 2; P.A. 97-272, S. 5; P.A. 98-52, S. 9; P.A. 99-26, S. 18, 39; P.A. 00-76, S. 3; May
9 Sp. Sess. P.A. 02-7, S. 37; P.A. 03-278, S. 51, 52; P.A. 05-246, S. 3; P.A. 06-102, S. 2; 06-196, S. 108; P.A. 07-184, S. 6.)
History: 1971 act specified admission in residential facilities, provided that community services may be offered to
those not committed or voluntarily admitted and allowed person 14 or older to apply himself, deleting reference to his
"consent in writing"; P.A. 73-69 included admission to facilities "under contract with, or otherwise available to" department;
P.A. 75-524 divided section into subsections, deleted provision re community services, clarified who is to make application,
deleted provision re two-year limit and extension of admission, clarified termination procedure for those voluntarily admitted, added proviso re notice of intent to transfer voluntarily admitted child or youth and added Subsec. (c); P.A. 77-604
made technical correction; P.A. 78-238 added Subsec. (d); P.A. 78-280 replaced juvenile court with superior court in
Subsec. (b); Sec. 17-419 transferred to Sec. 17a-11 in 1991; P.A. 93-91 substituted commissioner and department of
children and families for commissioner and department of children and youth services, effective July 1, 1993 (Revisor's
note: The words "the department of" in the phrase "commissioner of the department of children and youth services" were
deleted editorially by the Revisors to conform with customary statutory usage and the reference in Subsec. (d) to Sec. 17a-51 was deleted editorially by the Revisors to reflect the repeal of that section by P.A. 93-216, S. 8); P.A. 97-272 inserted
new Subsecs. (c) re petition to Probate Court for determination if care is in child's best interest, (d) re dispositional hearing
on status of child and (f) re appeal, made technical changes and relettered the section accordingly; P.A. 98-52 amended
Subsec. (c) adding "for the district in which a parent or guardian of the child or youth resides", and providing that notice
to Commissioner of Children and Families be by regular mail and by certified mail, return receipt requested, to parents or
guardian, amended Subsec. (d) adding "for the district in which a parent or guardian of child or youth resides" and added
Subsec. (h) re transfer of file for cause shown to other probate court; P.A. 99-26 amended Subsec. (b) to replace "Long
Lane School" with "the Connecticut Juvenile Training School", effective upon the filing with the Governor and the General
Assembly of written certification by the Commissioner of Children and Families that the new Connecticut Juvenile Training
School is operational (Revisor's note: Said written certification was filed with the Senate and House Clerks on September
20, 2001, and with the Governor on September 21, 2001); P.A. 00-76 moved provision re continuing jurisdiction of the
court and requiring dispositional hearing at least every 12 months from Subsec. (d) to Subsec. (c), and in Subsec. (d) deleted
"for the district in which a parent or guardian of the child or youth resides" re where the commissioner files motion
requesting dispositional hearing in Probate Court; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (a) to make technical
changes for purposes of gender neutrality, amended Subsec. (b) to make technical changes, amended Subsec. (c) to replace
"case service plan" with "permanency plan", delete provision that the court "shall conduct a further dispositional hearing
whenever it deems necessary or desirable, but at least every twelve months" and make a technical change, amended Subsec.
(d) to replace existing provisions re dispositional hearing and order of disposition with Subdiv. (1) re filing of and hearing
on a motion for review of permanency plan, Subdiv. (2) re factors considered by the court at permanency hearing and
criteria for permanency plan, Subdiv. (3) re goals of permanency plan and Subdiv. (4) re responsibilities of the court at
permanency hearing and options of the court with respect to continuation or modification of the child's or youth's services
or placement and amended Subsec. (g) to make technical changes for purposes of gender neutrality, effective August 15,
2002; P.A. 03-278 made technical changes in Subsecs. (d)(4) and (h), effective July 9, 2003; P.A. 05-246 required case
service plan for children and youth not in an out-of-home placement who voluntarily receive services and a permanency
plan for those voluntarily admitted to department and placed in foster home licensed pursuant to Sec. 17a-114 or facility
licensed pursuant to Sec. 17a-145 or 17a-154 in Subsec. (c) and added provision in Subsec. (d)(1) re children and youths
who remain placed in licensed foster home or facility; P.A. 06-102 amended Subsec. (g) to make technical changes and
provide that any person remaining voluntarily under commissioner's supervision is entitled to a written plan for care and
treatment and a review of the plan, effective June 2, 2006; P.A. 06-196 made technical changes in Subsec. (c), effective
June 7, 2006; P.A. 07-184 amended Subsec. (c) to substitute "first class mail" for "regular mail" and "certified mail" and
to delete "return receipt requested".