Fact Sheet & Highlights: An Act Enhancing Child Welfare Protections S.3111

An Act enhancing child welfare protections safeguards the wellbeing of vulnerable children in state care and foster care. The bill strengthens and builds on the work of existing entities including the Office of the Child Advocate (OCA), the Department of Children and Families (DCF), and the Family Resource Center (FRC) network in order to take a comprehensive approach toward making sure all children receive the support they deserve.

The details of the legislation are below.

Keeps Kids Out of the Justice System Through Family Resource Centers. Steps up the diversion of children with behavioral or truancy issues to FRCs by updating the Child Requiring Assistance (CRA) process. FRCs help children and their families receive support services in their communities—a better option than sending children to the courts.

Avoids Interruptions in Children’s Education. Focuses on easier school transitions for children in DCF care by requiring schools to provide the student’s educational records to case workers and the child’s new school district in a timely manner. Promotes the educational stability of children in DCF care by codifying the establishment of an education unit within DCF.

Guarantees Vital Rights for Foster Children. Establishes a Foster Child Bill of Rights to ensure children in foster care receive certain basic rights related to their safety, health care, education, ability to maintain connections, and receipt of resources and supports.

Continues Court Protection Orders. Requires that any abuse and harassment protection orders made on behalf of a child do not expire simply because the child has reached the age of majority. Ensures that the child retains the same ability as an adult to petition the court to extend the order or render it permanent.

Investigates Cases of Fatalities and Harm. Harnesses the OCA’s expertise by placing the office in charge of the unit that reviews child fatalities, which is currently located under the Office of the Chief Medical Examiner. Additionally cements an expanded purview for the OCA’s existing reviews of ‘critical incidents’ by explicitly including the review of cases of indecent assault and battery of a child and abuse or rape of a child.

Shares Important Information. Ensures public accountability and transparency by clarifying the OCA’s ability to publicly share certain information relevant to critical incident reports. Requires the OCA to make training materials available for mandated reporters.

Encourages Inter-Agency Collaboration. Codifies that the OCA can partner with state agencies to support, expand, and improve programs, provided the collaboration does not impact the OCA’s oversight role. Clarifies that the OCA is an independent agency charged with overseeing services of agencies and their contractors that provide services to children.

Recognizes the Value of the Child Advocate. Sets the state Child Advocate’s pay at a level more commensurate with their duties, the seriousness of their responsibilities, and the experience needed to fill the role. The Child Advocate would be compensated at 90 per cent of the Chief Justice’s salary.

Calls for Time-Sensitive Notifications. Requires timely notifications from DCF to a child’s counsel in certain serious situations such as an arrest, expulsion, hospitalization, or ‘51A report’ of child abuse or neglect.

Improves Public Reporting. Streamlines mandatory DCF reports for improved public accessibility and the administrative benefit of the agency. Focuses and consolidates numerous separate reports that have been required of the agency over the years.