Sec. 46a-13k. Office of the Child Advocate established.
Sec. 46a-13m. Access to information.
Sec. 46a-13n. Confidentiality of information.
Sec. 46a-13r. Advisory committee; established; responsibilities.
Sec. 46a-13k. Office of the Child Advocate established. (a)(1) There is established, within the Office of Governmental Accountability established under section 1-300, an Office of the Child Advocate. The Governor, with the approval of the General Assembly, shall appoint a person with knowledge of the child welfare system and the legal system to fill the Office of the Child Advocate. Such person shall be qualified by training and experience to perform the duties of the office as set forth in section 46a-13l.
(2) Upon any vacancy in the position of Child Advocate, the advisory committee established pursuant to section 46a-13r shall meet to consider and interview successor candidates and shall submit to the Governor a list of not fewer than three and not more than five of the most outstanding candidates, not later than sixty days after the occurrence of said vacancy. Such list shall rank the candidates in the order of committee preference. Not later than eight weeks after receiving the list of candidates from the advisory committee, the Governor shall designate a candidate for Child Advocate from among the choices on such list. If at any time any of the candidates withdraw from consideration prior to confirmation by the General Assembly, the designation shall be made from the remaining candidates on the list submitted to the Governor. If, not later than eight weeks after receiving the list, the Governor fails to designate a candidate from the list, the candidate ranked first shall receive the designation and be referred to the General Assembly for confirmation. If the General Assembly is not in session, the designated candidate shall serve as acting Child Advocate and be entitled to the compensation, privileges and powers of the Child Advocate until the General Assembly meets to take action on said appointment.
(3) The person appointed Child Advocate shall serve for a term of five years and may be reappointed in accordance with the provisions of subdivision (4) of this subsection or shall continue to hold office until such person's successor is appointed and qualified. Upon any vacancy in the position of Child Advocate and until such time as a candidate has been confirmed by the General Assembly or, if the General Assembly is not in session, has been designated by the Governor, the Associate Child Advocate shall serve as the acting Child Advocate and be entitled to the compensation, privileges and powers of the Child Advocate.
(4) (A) Not later than twelve months prior to the expiration of the term of the Child Advocate, the advisory committee shall submit a preliminary report, in accordance with the provisions of section 11-4a, to the Governor, the Child Advocate and the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, children and human services, evaluating the work of the Child Advocate during the Child Advocate's tenure.
(B) Not later than six months prior to the expiration of the term of the Child Advocate, the advisory committee shall submit a final report, in accordance with the provisions of section 11-4a, to the Governor, the Child Advocate and the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, children and human services, evaluating the work of the Child Advocate during the Child Advocate's tenure and recommending the reappointment of the Child Advocate or the appointment of a new Child Advocate.
(C) Not later than ninety days after the submission of the final report pursuant to subparagraph (B) of this subdivision, the Governor shall notify the advisory committee of the Governor's acceptance or rejection of the advisory committee's recommendation. If the Governor does not provide such notice, the advisory committee's recommendation shall be deemed accepted. If the Governor (i) elects to reappoint the Child Advocate or a recommendation to reappoint the Child Advocate is deemed accepted pursuant to this subparagraph, the Child Advocate shall be referred to the General Assembly for confirmation, or (ii) does not elect to reappoint the Child Advocate or a recommendation to not reappoint the Child Advocate is deemed accepted pursuant to this subparagraph, a new Child Advocate shall be appointed in accordance with the provisions of subdivision (2) of this subsection.
(b) Notwithstanding any other provision of the general statutes, the Child Advocate shall act independently of any state department in the performance of the advocate's duties.
(c) The Child Advocate may, within available funds, appoint such staff as may be deemed necessary provided, for the fiscal years ending June 30, 1996, and June 30, 1997, such staff shall not exceed one and one-half full-time positions or the equivalent thereof. The duties of the staff may include the duties and powers of the Child Advocate if performed under the direction of the Child Advocate.
(d) The General Assembly shall annually appropriate such sums as necessary for the payment of the salaries of the staff and for the payment of office expenses and other actual expenses incurred by the Child Advocate in the performance of his or her duties. Any legal or court fees obtained by the state in actions brought by the Child Advocate shall be deposited in the General Fund.
(e) The Child Advocate shall annually submit, in accordance with the provisions of section 11-4a, to the Governor, the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, children and human services and the advisory committee established pursuant to section 46a-13r a detailed report analyzing the work of the Office of the Child Advocate.
(P.A. 95-242, S. 1-6; P.A. 96-155, S. 2; P.A. 97-319, S. 1, 2, 6, 22; P.A. 00-49, S. 4, 7; P.A. 01-195, S. 34, 181; P.A. 05-287, S. 3; P.A. 11-48, S. 71; June 12 Sp. Sess. P.A. 12-2, S. 1; P.A. 13-247, S. 52; P.A. 25-68, S. 1.)
History: P.A. 96-155 amended Subsec. (a) by adding a procedure for filling a vacancy in the position of Child Advocate; P.A. 97-319 amended Subsec. (b) to transfer the Office of the Child Advocate from the Office of Protection and Advocacy for Persons with Disabilities to the Freedom of Information Commission, effective July 1, 1997, amended Subsec. (d) by specifying that staff appointments be within available funds and amended Subsec. (e) to replace provision requiring dedication to the Office of the Child Advocate of fees obtained by the state in actions brought by the Child Advocate with provision requiring deposit in the General Fund; P.A. 00-49 amended Subsec. (a) by adding provision that Associate Child Advocate shall serve as acting Child Advocate until successor has been confirmed by the General Assembly, or designated by the Governor to fill vacancy in position of Child Advocate and made technical change for purposes of gender neutrality, effective May 16, 2000; P.A. 01-195 made technical changes in Subsec. (a), effective July 11, 2001; P.A. 05-287 amended Subsec. (b) to change the administrative location of the Office of the Child Advocate from the Freedom of Information Commission to the Department of Administrative Services, effective July 1, 2005; P.A. 11-48 amended Subsec. (a) by adding language re Office of Governmental Accountability and revising provisions re appointment, deleted former Subsec. (b) re Department of Administrative Services, redesignated existing Subsecs. (c) to (f) as Subsecs. (b) to (e), amended Subsec. (e) by specifying that report be made to judiciary, children and human services committees and to advisory committee and by adding reference to Sec. 11-4a, and made technical changes, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-2 amended Subsec. (a) by adding provision re date for submission of list of candidates for vacancy occurring between January 1, 2012, and June 15, 2012, effective June 15, 2012; P.A. 13-247 amended Subsec. (a) by changing number of candidates submitted from not fewer than 5 to not fewer than 3 and from not more than 7 to not more than 5, effective July 1, 2013; P.A. 25-68 amended Subsec. (a) by designating existing provisions re establishment of Office of the Child Advocate and appointment of Child Advocate as Subdiv. (1), designating existing provisions re vacancy in position of Child Advocate as Subdiv. (2) and deleting provision therein re vacancy occurring after January 1, 2012, but before June 15, 2012, designating existing provisions re term of Child Advocate as Subdiv. (3) and extending term from 4 to 5 years and adding reference to provisions of Subdiv. (4) therein, and adding Subdiv. (4) re advisory committee reports and recommendation, notification by Governor and reappointment of Child Advocate or appointment of new Child Advocate, effective July 1, 2025.
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Sec. 46a-13m. Access to information. (a) Notwithstanding any provision of the general statutes concerning the confidentiality of records and information, the Child Advocate may request and shall have access to, including the right to promptly inspect and copy, any records necessary to carry out the responsibilities of the Child Advocate as provided in section 46a-13l. Such records shall be provided to the Child Advocate not later than fourteen days from the date of such request. If the Child Advocate is denied access to any records necessary to carry out said responsibilities, the Child Advocate may issue a subpoena for the production of such records as provided in subsection (c) of this section.
(b) In the performance of his responsibilities under subsection (a) of section 46a-13l the Child Advocate may communicate privately with any child or person who has received, is receiving or should have received services from the state. Such communications shall be confidential and not be subject to disclosure except as provided in subsection (a) of section 46a-13n.
(c) The Child Advocate may issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers and other documents and to administer oaths to witnesses in any matter under his investigation. If any person to whom such subpoena is issued fails to appear or, having appeared, refuses to give testimony or fails to produce the evidence required, the Child Advocate may apply to the superior court for the judicial district of Hartford which shall have jurisdiction to order such person to appear and give testimony or to produce such evidence, as the case may be.
(d) The Child Advocate may apply for and accept grants, gifts and bequests of funds from other states, federal and interstate agencies and independent authorities and private firms, individuals and foundations, for the purpose of carrying out his responsibilities. There is established a child advocate account, which shall be a separate, nonlapsing account. Any funds received under this subsection shall, upon deposit in the General Fund, be credited to said account and may be used by the Child Advocate in the performance of his duties.
(P.A. 88-230, S. 10, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 7, 8; P.A. 95-220, S. 4-6; P.A. 95-242, S. 8; P.A. 97-319, S. 4; P.A. 22-135, S. 2; P.A. 25-110, S. 120.)
History: P.A. 97-319 entirely replaced former section with new provisions re access to information (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of “judicial district of Hartford” for “judicial district of Hartford-New Britain” in 1997 public and special acts, effective September 1, 1998); P.A. 22-135 amended Subsec. (a) by adding “may request and” and “promptly”, adding provision re records to be provided to Child Advocate not later than 14 days from date of request and making technical changes, effective July 1, 2022; P.A. 25-110 amended Subsec. (d) by deleting reference to General Fund and making technical changes, effective July 1, 2025.
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Sec. 46a-13n. Confidentiality of information. (a) The name, address and other personally identifiable information of a person who makes a complaint to the Child Advocate as provided in section 46a-13l, all information obtained or generated by the office in the course of an investigation and all confidential records obtained by the Child Advocate or a designee shall be confidential and shall not be subject to disclosure under the Freedom of Information Act or otherwise, except that such information and records, other than confidential information concerning a pending law enforcement investigation or a pending prosecution, may be disclosed if the Child Advocate determines that disclosure is (1) in the general public interest or (2) necessary to enable the Child Advocate to perform his responsibilities under subsection (a) of section 46a-13l. If the Child Advocate determines that disclosure of confidential information is not in the public interest but is necessary to enable the Child Advocate to perform responsibilities under subsection (a) of section 46a-13l, or to identify, prevent or treat the abuse or neglect of a child, the Child Advocate may disclose such information to the appropriate agency responsible for the welfare of such child or the legal representative for such child. The Child Advocate may disclose information or data regarding fatalities of infants less than one year of age to the Commissioner of Public Health if the Child Advocate determines such disclosure is necessary for the purposes of the infant mortality review program established pursuant to section 19a-59j. Any information or data disclosed to the Commissioner of Public Health shall be confidential in accordance with the provisions of section 19a-25.
(b) No state or municipal agency or any agency or entity providing publicly funded services shall discharge, or in any manner discriminate or retaliate against, any employee who in good faith makes a complaint to the Child Advocate or cooperates with the Office of the Child Advocate in an investigation.
(P.A. 95-242, S. 9; P.A. 96-268, S. 2, 34; P.A. 97-319, S. 5; June Sp. Sess. P.A. 99-2, S. 9; P.A. 22-135, S. 3; P.A. 25-97, S. 44.)
History: P.A. 96-268 substituted Office of the Child Advocate for Child Advocate's Office, effective July 1, 1996; P.A. 97-319 entirely replaced former section with new provisions re confidentiality; June Sp. Sess. P.A. 99-2 amended Subsec. (a)(2) by deleting “provided in no event shall the name, address or other personally identifiable information of a person be disclosed without the consent of such person” and made technical changes; P.A. 22-135 amended Subsec. (a) by adding “or the legal representative for such child” and amended Subsec. (b) by adding “or any agency or entity providing publicly funded services”, effective July 1, 2022; P.A. 25-97 amended Subsec. (a) to permit disclosure of information or data re infant fatalities by the Child Advocate to the Commissioner of Public Health and requiring confidentiality of such information and data.
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Sec. 46a-13r. Advisory committee; established; responsibilities. (a) There is established an advisory committee to the Office of the Child Advocate established under section 46a-13k. Said committee shall prepare and submit to the Governor a list of candidates for appointment of the Child Advocate. The advisory committee shall consist of seven members as follows: (1) One appointed by the president pro tempore of the Senate; (2) one appointed by the speaker of the House of Representatives; (3) one appointed by the majority leader of the Senate; (4) one appointed by the majority leader of the House of Representatives; (5) one appointed by the minority leader of the Senate; (6) one appointed by the minority leader of the House of Representatives; and (7) one appointed by the Governor. The committee shall select a chairperson who shall preside at meetings of the committee. No member of the advisory committee shall be a person who is a volunteer for, a board member of, or is employed by, any entity or agency subject to the review of, or evaluation or monitoring by the Child Advocate pursuant to section 46a-13l, or is a communicator lobbyist who pursuant to such lobbyist's registration under chapter 10, lobbies on behalf of any entity or agency subject to the review of, or evaluation or monitoring by the Child Advocate pursuant to said section 46a-13l. Each member of the advisory committee shall serve a term of five years and may be reappointed at the conclusion of such term. All initial appointments to the advisory committee shall be made not later than September 1, 2011. Each member of the advisory committee shall serve a five-year term from July first of the year of their appointment. Any vacancy in the membership of the committee shall be filled by the appointing authority for the unexpired portion of the term.
(b) The advisory committee shall meet at least three times each year with the Child Advocate, and the Child Advocate's staff, for the purposes described in subdivision (13) of subsection (a) of section 46a-13l.
(c) The advisory committee shall provide for an annual evaluation of the effectiveness of the Office of the Child Advocate. Such evaluation shall be submitted, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of the judiciary, children and human services and the Governor and published on the Internet web site of the Child Advocate.
(P.A. 11-48, S. 70; P.A. 22-135, S. 4; P.A. 25-68, S. 2.)
History: P.A. 11-48 effective July 1, 2011; P.A. 22-135 designated existing provisions as Subsec. (a), added Subsec. (b) re meeting with Child Advocate and added Subsec. (c) re annual evaluation of effectiveness of Office of the Child Advocate, effective July 1, 2022; P.A. 25-68 amended Subsec. (c) by adding requirements re submission and publication of evaluation, effective July 1, 2025.
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