AN ACT CONCERNING COURT PROCEEDINGS INVOLVING A CHILD OR YOUTH WHO IS ALLEGED TO HAVE BEEN UNCARED FOR, NEGLECTED OR ABUSED.

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General Assembly Raised Bill No. 297
February Session, 2026 LCO No. 1956

Referred to Committee on JUDICIARY

Introduced by:
(JUD)

AN ACT CONCERNING COURT PROCEEDINGS INVOLVING A CHILD
OR YOUTH WHO IS ALLEGED TO HAVE BEEN UNCARED FOR,
NEGLECTED OR ABUSED.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Subsection (j) of section 46b-129 of the 2026 supplement to 1
the general statutes is repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2026): 3
(j) (1) For the purposes of this subsection and subsection (k) of this 4
section, (A) "permanent legal guardianship" means a permanent 5
guardianship, as defined in section 45a -604, (B) "caregiver" means (i) a 6
fictive kin caregiver, as defined in section 17a -114, who is caring for a 7
child, (ii) a relative caregiver, as defined in section 17a-126, who is caring 8
for a child, or (iii) a person who is licensed or approved to provide foster 9
care pursuant to section 17a-114, who is caring for a child, and (C) "trial 10
home visit" means the temporary placement of a child or youth 11
committed to the Commissioner of Children and Families in the home 12
of such child's or youth's parent or guardian. 13
(2) Upon finding and adjudging that any child or youth is uncared 14

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for, neglected or abused the court may (A) commit such child or youth 15
to the Commissioner of Children and Families, and such commitment 16
shall remain in effect until further order of the court, except that such 17
commitment may be revoked or parental rights terminated at any time 18
by the court; (B) vest such child's or youth's legal guardianship in any 19
private or public agency that is permitted by law to care for neglected, 20
uncared for or abused children or youths or with any other person or 21
persons found to be suitable and worthy of such responsibility by the 22
court, including, but not limited to, any relative of such child or youth 23
by blood or marriage; (C) vest such child's or youth's permanent legal 24
guardianship in any person or persons found to be suitable and worthy 25
of such responsibility by the court, including, but not limited to, any 26
relative of such child or youth by blood or marriage in accordance with 27
the requirements set forth in subdivision (6) of this subsection; or (D) 28
place the child or youth in the custody of the parent or guardian with 29
protective supervision by the Commissioner of Children and Families 30
subject to conditions established by the court. Upon issuing any order 31
pursuant to this section, the court shall order specific steps that the 32
parent must take to facilitate the return of the child or youth to the 33
custody of such parent or to maintain the child or youth in the parent's 34
custody while under an order of protective supervision. 35
(3) If the court approves a permanency plan filed with the court that 36
recommends the reunification of the child or youth with such child's or 37
youth's parent or guardian, the Commissioner of Children and Families 38
may, with the agreement of all parties of record, authorize a trial home 39
visit prior to the revocation of the order of commitment pertaining to 40
such child or youth. The commissioner shall (A) provide the court and 41
all parties of record written notice of the commissioner's intent to 42
authorize any such trial home visit not later than fifteen days prior to 43
such authorization; (B) create a trial home visit plan that shall be 44
provided to all parties of record, and include, but need not be limited to, 45
announced and unannounced visits to the home by the department and 46
the provision of any services during such trial home visit that the 47

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commissioner determines are necessary to promote the child's or 48
youth's well-being; and (C) file a motion for revocation of commitment 49
not later than thirty days after the date such trial home visit commences, 50
unless the commissioner removes the child or youth from the home 51
prior to that time pursuant to its responsibility and authority over 52
children and youth committed to the care and custody of the 53
commissioner. A trial home visit authorized under this section shall 54
remain in effect until the commissioner removes such child or youth 55
pursuant to subparagraph (C) of this subdivision or the court grants a 56
motion for revocation of commitment filed pursuant to said 57
subparagraph. 58
(4) If the court determines that the commitment should be revoked 59
and the child's or youth's legal guardianship or permanent legal 60
guardianship should vest in someone other than the respondent parent, 61
parents or former guardian, or if parental rights are terminated at any 62
time, there shall be a rebuttable presumption that an award of legal 63
guardianship or permanent legal guardianship upon revocation to, or 64
adoption upon termination of parental rights by, any caregiver or 65
person or who is, pursuant to an order of the court, the temporary 66
custodian of the child or youth at the time of the revocation or 67
termination, shall be in the best interests of the child or youth and that 68
such caregiver is a suitable and worthy person to assume legal 69
guardianship or permanent legal guardianship upon revocation or to 70
adopt such child or youth upon termination of parental rights. The 71
presumption may be rebutted by a preponderance of the evidence that 72
an award of legal guardianship or permanent legal guardianship to, or 73
an adoption by, such caregiver would not be in the child's or youth's 74
best interests and such caregiver is not a suitable and worthy person. 75
[The court shall order specific steps that the parent must take to facilitate 76
the return of the child or youth to the custody of such parent.] 77
(5) The commissioner shall be the guardian of such child or youth for 78
the duration of the commitment, provided the child or youth has not 79
reached the age of eighteen years, or until another guardian has been 80

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legally appointed, and in like manner, upon such vesting of the care of 81
such child or youth, such other public or private agency or individual 82
shall be the guardian of such child or youth until such child or youth 83
has reached the age of eighteen years or, in the case of a child or youth 84
in full-time attendance in a secondary school, a technical education and 85
career school, a college or a state-accredited job training program, until 86
such child or youth has reached the age of twenty -one years or until 87
another guardian has been legally appointed. The commissioner may 88
place any child or youth so committed to the commissioner in a suitable 89
foster home or in the home of a fictive kin caregiver, relative caregiver, 90
or in a licensed child-caring institution or in the care and custody of any 91
accredited, licensed or approved child-caring agency, within or without 92
the state, provided a child shall not be placed outside the state except 93
for good cause and unless the parent or guardian of such child are 94
notified in advance of such placement and given an opportunity to be 95
heard, or in a receiving home maintained and operated by the 96
commissioner. When placing such child or youth, the commissioner 97
shall provide written notification of the placement, including the name, 98
address and other relevant contact information relating to the 99
placement, to any attorney or guardian ad litem appointed to represent 100
the child or youth pursuant to subsection (c) of this section. The 101
commissioner shall provide written notification to such attorney or 102
guardian ad litem of any change in placement of such child or youth, 103
including a hospitalization or respite placement, and if the child or 104
youth absconds from care. The commissioner shall provide such written 105
notification not later than ten business days prior to the date of change 106
of placement in a nonemergency situation, or not later than two business 107
days following the date of a change of placement in an emergency 108
situation. In placing such child or youth, the commissioner shall, if 109
possible, select a home, agency, institution or person of like religious 110
faith to that of a parent of such child or youth, if such faith is known or 111
may be ascertained by reasonable inquiry, provided such home 112
conforms to the standards of the commissioner and the commissioner 113
shall, when placing siblings, if possible, place such children together. At 114

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least ten days prior to transferring a child or youth to a second or 115
subsequent placement, the commissioner shall give written notice to 116
such child or youth and such child's or youth's attorney of said 117
commissioner's intention to make such transfer, unless an emergency or 118
risk to such child's or youth's well -being necessitates the immediate 119
transfer of such child or youth and renders such notice impossible. 120
Upon the issuance of an order committing the child or youth to the 121
commissioner, or not later than sixty days after the issuance of such 122
order, the court shall determine whether the department made 123
reasonable efforts to keep the child or youth with his or her parent or 124
guardian prior to the issuance of such order and, if such efforts were not 125
made, whether such reasonable efforts were not possible, taking into 126
consideration the child's or youth's best interests, including the child's 127
or youth's health and safety. 128
(6) (A) A youth who is committed to the commissioner pursuant to 129
this subsection and has reached eighteen years of age may remain in the 130
care of the commissioner, by consent of the youth and provided the 131
youth has not reached the age of twenty-one years of age, if the youth is 132
(i) enrolled in a full-time approved secondary education program or an 133
approved program leading to an equivalent credential; (ii) enrolled full 134
time in an institution which provides postsecondary or vocational 135
education; or (iii) participating full time in a program or activity 136
approved by said commissioner that is designed to promote or remove 137
barriers to employment. The commissioner, in the commissioner's 138
discretion, may waive the provision of full -time enrollment or 139
participation based on compelling circumstances. Not more than one 140
hundred twenty days after the youth's eighteenth birthday, the 141
department shall file a motion in the superior court for juvenile matters 142
that had jurisdiction over the youth's case prior to the youth's eighteenth 143
birthday for a determination as to whether continuation in care is in the 144
youth's best interest and, if so, whether there is an appropriate 145
permanency plan. The court, in its discretion, may hold a hearing on 146
said motion. 147

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(B) Any youth who was committed to the commissioner pursuant to 148
this subsection and, having declined to consent to remain in the care of 149
the commissioner, left such care once such youth turned eighteen years 150
of age, may request, in a form and manner prescribed by the 151
commissioner, not later than sixty days prior to the date such youth 152
turns twenty -one years of age, to reenter into the care of the 153
commissioner. Upon receipt of such request, the commissioner shall 154
determine whether such youth meets the requirements described in 155
subparagraph (A) of this subdivision. If the commissioner determines 156
that such youth meets such requirements, the department may request 157
that such youth enter into a written agreement governing the terms of 158
his or her voluntary reentry into the care of the commissioner and 159
permit such youth to reenter care. Not more than sixty days after the 160
execution of such agreement, the commissioner shall file a motion in the 161
superior court for juvenile matters that had jurisdiction over the youth's 162
case prior to the youth's eighteenth birthday for a determination as to 163
whether reentry into care is in the youth's best interest and, if so, 164
whether there is an appropriate permanency plan. The court may hold 165
a hearing on said motion. 166
(7) Prior to issuing an order for permanent legal guardianship, the 167
court shall provide notice to each parent that the parent may not file a 168
motion to terminate the permanent legal guardianship, or the court shall 169
indicate on the record why such notice could not be provided, and the 170
court shall find by clear and convincing evidence that the permanent 171
legal guardianship is in the best interests of the child or youth and that 172
the following have been proven by clear and convincing evidence: 173
(A) One of the statutory grounds for termination of parental rights 174
exists, as set forth in subsection (j) of section 17a-112, or the parents have 175
voluntarily consented to the establishment of the permanent legal 176
guardianship; 177
(B) Adoption of the child or youth is not possible or appropriate; 178

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(C) (i) If the child or youth is at least twelve years of age, such child 179
or youth consents to the proposed permanent legal guardianship, or (ii) 180
if the child is under twelve years of age, the proposed permanent legal 181
guardian is: (I) A relative, (II) a caregiver, or (III) already serving as the 182
permanent legal guardian of at least one of the child's siblings, if any; 183
(D) The child or youth has resided with the proposed permanent 184
legal guardian for at least a year; and 185
(E) The proposed permanent legal guardian is (i) a suitable and 186
worthy person, and (ii) committed to remaining the permanent legal 187
guardian and assuming the right and responsibilities for the child or 188
youth until the child or youth attains the age of majority. 189
(8) An order of permanent legal guardianship may be reopened and 190
modified and the permanent legal guardian removed upon the filing of 191
a motion with the court, provided it is proven by a fair preponderance 192
of the evidence that the permanent legal guardian is no longer suitable 193
and worthy. A parent may not file a motion to terminate a permanent 194
legal guardianship. If, after a hearing, the court terminates a permanent 195
legal guardianship, the court, in appointing a successor legal guardian 196
or permanent legal guardian for the child or youth shall do so in 197
accordance with this subsection. 198
This act shall take effect as follows and shall amend the following
sections:

Section 1 October 1, 2026 46b-129(j)

Statement of Purpose:
To restructure statutory provisions concerning court proceedings
involving a child or youth who is alleged to have been uncared for,
neglected or abused.

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[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]