|
Policy
Manual
ADMINISTRATIVE HEARINGS
Treatment Plan Hearings
22-7-2
Introduction
| Policy |
The Administrative Hearings Unit shall conduct Treatment Plan
Hearings in accordance with CONN. GEN. STAT. §17a-15c and §17a-15d; and CONN. AGENCIES
REGS. §17a-15-1 through 11. |
| Purpose of Hearing |
A Treatment Plan Hearing is a due process proceeding to
consider the issues raised by the aggrieved party and determine if the treatment plan is
appropriate to the needs and problems of the child. Note: A hearing
cannot be used to settle differences of opinion within the Department regarding the
treatment plan. Such conflicts must be resolved by administrative means prior to the
hearing. |
| Presenting the
Department’s Position |
At any hearing there can be only one position taken by the
Department. The Department representative(s) shall be prepared to present that position. However,
this shall not preclude other Department personnel from speaking on the record if they so
desire, or believe such action is necessary , for a presentation of all pertinent facts. |
| Statutory References |
CONN. GENN. STAT. §17a-15 (a-d) contains the following
provisions: |
Topic |
Statement |
| Preparation
of Treatment Plan |
§17a-15(a) The commissioner or
his designee, shall prepare and maintain a written plan for the care and treatment of
every child and youth under his supervision, which shall include but not be limited to a
diagnosis of the problems of each child or youth, together with the proposed plan of
treatment and placement. |
| Six-Month
Review of Treatment Plan |
§17a-15(b) The commissioner or
his designee shall at least every six months, review the treatment plan and placement of
each child and youth under his supervision for the purpose of determining whether the
treatment plan and placement is appropriate. |
| Right to a
Hearing; Request for a Hearing |
§17a-15(c) Any child or youth or
his parent or guardian aggrieved by any provision of a treatment 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 youth or his parent or guardian aggrieved
by a refusal of any other service from the commissioner to which he is entitled, shall be
provided a hearing within thirty days following a written request for the same directed to
the commissioner. |
| Conduct of
Hearing |
§17a-15(d) Any hearing held
pursuant to a request made under subsection (c) 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. |
| Treatment Plan |
For DCF policies and procedures regarding the Department’s
preparation and review of a treatment plan, see DCF Policy Manual, Chapter 36, Treatment;
and Chapter 24, Administrative Case Reviews. |
| Access to Treatment Plan |
Any child, parent or their respective attorney or representative may
request, in writing, information concerning the child’s treatment plan, or any part
of the child’s record. The attorney for the child or parent has the right of access
to all records pertaining to the child. Accordingly, the attorney for the child or parent
may request, in writing, a copy of the DCF treatment plan from the Department, regional
office, institution, facility or program. The copy shall be provided within ten business
days of the receipt of the request.
Legal References: CONN. GEN. STAT. §17a-28, Confidentiality of and
access to records; exceptions. Procedure for aggrieved persons. CONN. AGENCIES REGS.
§17a-15-3, Access to treatment plan. |
Connecticut Department of Children and Families
Effective Date: November 15, 1994 (New)
|
