(a) The commissioner shall prepare and maintain a written case plan for care, treatment and permanent placement of every child under the commissioner's supervision, which shall include, but not be limited to, a diagnosis of the problems of each child, the proposed plan of treatment services and temporary placement and a goal for permanent placement of the child, which may include reunification with the parent, transfer of guardianship, adoption or, for a child sixteen years of age or older, another planned permanent living arrangement. The child's health and safety shall be the paramount concern in formulating the plan.
(b) The commissioner shall at least every six months, review the written case plan of each child under the commissioner's supervision for the purpose of determining whether such plan is appropriate and make any appropriate modifications to such plan. If the child is represented by an attorney or guardian ad litem, the commissioner shall notify the child's attorney or guardian ad litem in writing not less than twenty-one days prior to the date of any administrative meeting to review the plan.
(c) Any child or the parent or guardian of such child aggrieved by any provision of a plan prepared under subsection (a) of this section, or by the commissioner's decision upon review under subsection (b) of this section, or any child or the parent or guardian of such child aggrieved by a refusal of any other service from the commissioner to which the child is entitled, shall be provided a hearing within thirty days following a written request for the same directed to the commissioner.
(d) Upon motion of any sibling of any child committed to the Department of Children and Families pursuant to section 46b-129, in any pending hearing held pursuant to subsection (c) of this section, such sibling shall have the right to be heard concerning visitation with, and placement of, any such child.
(e) Any hearing held pursuant to a request made under subsection (c) or (d) of this section shall be conducted as a contested case in accordance with chapter 54 provided: (1) A final decision shall be rendered within fifteen days following the close of evidence and filing of briefs; and (2) any appeal of a decision pursuant to section 4-183 shall be to the district of the superior court for juvenile matters, where the child is located, as established in section 46b-142.
(1969, P.A. 664, S. 15; 1971, P.A. 818, S. 6; 1972, P.A. 110, S. 1; P.A. 75-524, S. 10, 30; P.A. 79-567, S. 5, 7; P.A. 80-401, S. 4; P.A. 98-241, S. 2, 18; P.A. 01-149, S. 2; P.A. 14-187, S. 13; P.A. 15-199, S. 14; P.A. 18-186, S. 3.)
History: 1971 act replaced “council”, i.e. council on children and youth services, with “commissioner”, i.e. commissioner of children and youth services, reflecting council's switch to advisory status; 1972 act extended review power in Subsec. (a) to commissioner's designee; P.A. 75-524 replaced previous provisions concerning review procedure for placements with new provisions re individual plans for care and treatment of each child or youth and review procedure for plans; P.A. 79-567 replaced hearing provisions in Subsec. (d) with restated provisions; P.A. 80-401 changed effective date of 1979 change from July 1, 1980, to July 1, 1981; Sec. 17-421 transferred to Sec. 17a-15 in 1991; P.A. 98-241 amended Subsec. (a) by adding requirement of written plan for permanent placement and adding provision re goal of permanent placement and amended Subsec. (b) re appropriate modifications to plan, effective July 1, 1998; P.A. 01-149 made technical changes for purposes of gender neutrality in Subsecs. (a), (b), and (c), added Subsec. (d) re right of sibling to be heard at any pending hearing concerning visitation with or placement of child committed to commissioner and designated former Subsec. (d) as Subsec. (e), adding “or (d)” therein; P.A. 14-187 amended Subsec. (a) by deleting references to youth, deleting reference to independent living, adding “with an identified individual” re long-term foster care and adding “another planned permanent living arrangement”, amended Subsec. (b) by deleting reference to youth and amended Subsec. (c) by deleting references to youth and making a technical change, effective June 11, 2014; P.A. 15-199 amended Subsec. (a) by deleting reference to long-term foster care, applying provision re another planned permanent living arrangement to children age 16 or older and making a technical change, effective July 1, 2015; P.A. 18-186 amended Subsec. (b) by replacing “plan” with “written case plan” and adding provision re commissioner to provide child's attorney or guardian ad litem with not less than 21 days advance written notice of administrative meeting to review plan.
The meaning of section is clear and unambiguous; under section, a youth who is aggrieved by the temporary placement provision of his treatment plan, which calls for him to spend two years at the training school, is required to be given hearing on that plan not later than 30 days after a request has been made. 288 C. 163.
Trial court's dismissal of plaintiff's administrative appeal as moot upheld where filing of termination petitions by department eliminated the possibility that plaintiff could obtain the relief sought in an administrative hearing requested under section. 49 CA 706.
Subsec. (a):
Treatment plan is limited to preparation of a written plan for care and treatment of every child and youth under commissioner's supervision. 49 CA 706.
Subsec. (c):
Hearing must necessarily be limited to the plan required by Subsec. (a) for the care and treatment of children and youth under supervision of department and is heard by an administrative hearing officer in department. 49 CA 706.