§ 17a-10a — Visitation of child in care and custody of commissioner. Communication during public health or national emergency. Policy for temporary cessation of in-person visitation.

Connecticut § 17a-10a

• Jurisdiction: Connecticut
• Title 17a: Social and Human Services and Resources
• Ch. 319: Department of Children and Families

Text

(a) The Commissioner of Children and Families shall ensure that a child placed in the care and custody of the commissioner pursuant to an order of temporary custody or an order of commitment is provided visitation with such child's parents and siblings, unless otherwise ordered by the court. (b) The commissioner shall ensure that such child's visits with his or her parents, or opportunities to communicate with such child's parents and siblings by telephonic, video or other conferencing platform in accordance with the provisions of subsection (d) of this section, shall occur as frequently as reasonably possible, based upon consideration of the best interests of the child, including the age and developmental level of the child, and shall be sufficient in number and duration to ensure continuation of the relationship. (c) If such child has an existing relationship with a sibling and is separated from such sibling as a result of intervention by the commissioner including, but not limited to, placement in a foster home or in the home of a relative, the commissioner shall, based upon consideration of the best interests of the child, ensure that such child has access to and visitation rights with such sibling throughout the duration of such placement. In determining the number, frequency and duration of sibling visits, the commissioner shall consider the best interests of each sibling, given each child's age and developmental level and the continuation of the sibling relationship. If the child and his or her sibling both reside within the state and within fifty miles of each other, the commissioner shall, within available appropriations, ensure that such child's visits with his or her sibling occur, on average, not less than once per week, unless the commissioner finds that the frequency of such visitation is not in the best interests of each sibling. (d) In the event of a pandemic or outbreak of a communicable disease resulting in a declaration of a public health emergency by the Governor pursuant to section 19a-131a , or a declaration of a national emergency by the President of the United States, such child shall be provided opportunities to communicate with such child's parents and siblings by telephonic, video or other conferencing platform in lieu of in-person visitation, for the duration of any such declaration. Not later than January 1, 2022, the commissioner shall develop a policy that requires the temporary cessation of in-person visitation provided pursuant to this section, on a case-by-case basis, in the event that a child or such child's parent or sibling is seriously ill due to a communicable disease, and visitation could result in the contraction of such disease by one or more participants in the visitation. Such policy shall require that such child be provided an opportunity to communicate with such child's parents and siblings by telephonic, video or other conferencing platform in lieu of such visitation. The commissioner shall define “seriously ill” and “communicable disease” for the purposes of carrying out this subsection. (e) The commissioner shall include in each child's case record information relating to the factors considered in making visitation determinations pursuant to this section. If the commissioner determines that such visits are not in the best interests of the child, that the occurrence of, on average, not less than one visit per week with his or her sibling is not in the best interests of each sibling, or that the number, frequency or duration of the visits requested by the child's attorney or guardian ad litem is not in the best interests of the child, the commissioner shall include the reasons for such determination in the child's case record. (f) On or before October first of each year, the commissioner shall report, in accordance with the provisions of section 11-4a , to the joint standing committee of the General Assembly having cognizance of matters relating to children, data sufficient to demonstrate compliance with subsections (a), (c) and (e) of this section. Such data shall include the total annual number of children in out-of-home placements who have siblings, the total number of child cases with documented sibling visitation and the number of individual siblings involved in each case.

Legislative History

(P.A. 03-243, S. 5; P.A. 12-71, S. 1; P.A. 14-122, S. 24; P.A. 15-199, S. 17; P.A. 16-28, S. 14; P.A. 21-46, S. 21.) History: P.A. 12-71 amended Subsec. (c) to require that commissioner ensure weekly visitation when siblings reside within the state and within 50 miles of each other, amended Subsec. (d) to require that when commissioner determines that weekly sibling visitation is not in the best interests of the child, the reasons for such determination are included in the child's treatment plan and added Subsec. (e) re reports to General Assembly, effective October 1, 2014; P.A. 14-122 made a technical change in Subsec. (e); P.A. 15-199 amended Subsec. (e) to require data to include number of children in out-of-home placements who have siblings, number of sibling visitations and number of siblings involved in each case; P.A. 16-28 amended Subsec. (d) by changing “plan of treatment” to “case record”, effective July 1, 2016; P.A. 21-46 amended Subsec. (b) by adding provision re opportunities to communicate by telephonic, video or other conferencing platform, added new Subsec. (d) requiring opportunities to communicate with parents and siblings by telephonic, video or other conferencing platform in the event of pandemic or outbreak of communicable disease resulting in declaration of public health emergency or national emergency, development of policy re temporary cessation of in-person visitation on case-by-case basis due to communicable disease and commissioner to define “seriously ill” and “communicable disease”, redesignated existing Subsecs. (d) and (e) as Subsecs. (e) and (f), and made a conforming change, effective July 1, 2021 (Revisor's note: In Subsec. (b), a reference to Subsec. (a) was changed editorially by the Revisors to Subsec. (d) for accuracy).