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November 12, 2009 Upcoming CCA Seminar in Stamford
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Anatomy of
Medical Neglect
Identification and Analysis of Medical Neglect Cases
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CCA Wins State Dept of Education Complaint to Help Special Ed Students |
 CCA Continues to Monitor New Special Ed Program
In June, after witnessing the degrading and discriminatory conditions her clients faced as students at the Hartford Transitional Learning Academy at Hartford Magnet Middle School (HTLA-HMMS), Hannah Benton, an attorney with the Center for Children's Advocacy (CCA), filed a formal class action administrative complaint with the State Department of Education against the Hartford School system. HTLA-HMMS was an in-district special education program, designed for students who were eligible for special education under the category of emotional disturbance. However, the program provided little in terms of educational curricula, therapeutic supports, or behavioral redirection. Additionally, the physical plant of the program further inhibited students' educational progress as it subjected them to frequent distractions. read more
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Minors and Mental Health Treatment:
Who Gets to Decide? |
 Can the court force a child to accept mental health treatment?
Can a child provide informed consent to mental health providers?
Does a child have the right to refuse psychiatric or psychotropic medications?
Why are children in foster care three times more likely to be prescribed psychiatric or psychotropic medicines than their peers?
On September 29, over 70 people gathered for CCA's seminar at the University of Connecticut School of Law to hear Dr. Lynn Mangini, Dr. Janet E. Williams, Martha Stone, JD and Jay Sicklick, JD present on issues surrounding minors and mental health treatment.
Click here to access seminar materials or view this seminar online.
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CCA Attorney Sarah Eagan Appointed Co-Chair of Legislature's Juvenile Access Pilot Program Advisory Board
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Sarah Eagan, Director of the Center for Children's Advocacy's Child Abuse Project, was appointed by the Speaker of the House to co-chair the Legislature's Juvenile Access Pilot Program Advisory Board with Judge Barbara Quinn, Chief Court Administrator for the state Judicial Branch.
The Advisory Board has begun meeting, with sub-committees designated to advise the Judicial Department on the implementation of the pilot, examine the practices of other states that have already opened juvenile courts to the public, and create evaluation materials to assess the progress and success of the Connecticut open courts pilot.
The full Advisory Board meets again on October 29. All notices and agendas regarding meetings of the board and its subcommittees are posted on the judicial branch website. (click for direct link to notices and agendas)
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Despite Turbulent Session, Legislature Passes
CCA-Authored Bills to Improve Outcomes for the
Most Vulnerable Children |
 CCA Efforts Instrumental in Securing Passage of Important New Legislation that Became Effective October 1, 2009.
In the aftermath of a prolonged legislative session marked by considerable angst over the state's fiscal health, child welfare advocates can celebrate the successful passage of multiple laws aimed at improving outcomes for poor, abused or neglected children and their families. The Center for Children's Advocacy authored and helped to secure passage of the following new legislation which became effective October 1, 2009:
PA 09-06: An Act Concerning "Stuck Kids"
This act requires DCF to give heightened attention to children and youth who are especially vulnerable to falling through the cracks of the child welfare system. Under the new law, DCF must create an annual report for the legislature detailing key information about each youth who:
1) is living in a psychiatric hospital;
2) is in an out-of- state treatment center;
3) is a runaway or homeless;
4) has a permanency plan which does not include living with a family;
PA 09-194: Policies, Practices and Procedures of DCF and a Pilot Program to Increase Public Access to Juvenile Proceedings
Open Courts This Act requires the Judicial Department to establish a pilot program to increase public access to proceedings in which a child is alleged to be uncared for, neglected, abused or dependent, or is the subject of a petition for termination of parental rights.
Notification for Out-of-State Transfer DCF must notify all attorneys of record when it decides to transfer a child in its custody to an out-of-state facility.
Other important requirements of this Act include Results Based Accountability, Annual Report: Case Reviews, and Permanency Plan Documents read more
Summaries and links to full text of additional significant new laws are available on our website at www.kidscounsel.org (click web address for direct access to our legislative pages).
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Important New Case Law |
Termination of Parental Rights
In re Jorden R.
Connecticut Supreme CourtOctober 6, 2009 In this significant termination of parental rights appeal, not only did the Supreme Court re-instate the trial court's decision to terminate the respondent mother's parental rights, the Court took the unusual step of vacating the opinion of the appellate court, which held 1) that the state failed to demonstrate that the mother could not benefit from reunification services, and 2) that the state could not show that the mother was unwilling or unable to benefit from reunification services unless it had already provided her reasonable assistive efforts. The Supreme Court concluded that the first issue was moot on appeal and therefore the appellate court lacked subject matter jurisdiction to review the claim, and that the court's analysis of the reasonable efforts requirement was contrary to the express language of Conn. Gen. Stat. 17a-112(j). read more
In re Zion R.
Connecticut Appellate Court
September 1, 2009
This termination of parental rights appeal underscores the sometimes heartbreaking proposition that an even commendable personal progress will not defeat a claim that a parent has failed to achieve adequate "parental" rehabilitation. The case also highlights the influence that court-appointed evaluators can have on the findings of the trial court. In re Zion R involves a mother with a long history of problems with substance abuse, domestic violence, mental illness and incarceration who was in the midst of a successful stay in a rigorous, long-term substance program when her parental rights were terminated on "failure to rehabilitate" grounds. read more
In re Nathan B.
Connecticut Appellate Court
August 18, 2009
In this unusual and striking appeal of a termination of parental rights decision, the sole issue was whether the trial judge's continuing to preside at trial created an appearance of impropriety, thereby requiring his recusal. The appellate court concluded that it did, and reversed the judgment of the trial court. read more |
CCA Welcomes Equal Justice Works Fellow
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Equal Justice Works Fellowship Award:
Attorney Kathryn Scheinberg Joins CCA
 Equal Justice Works Fellow Kathryn Scheinberg recently joined the Center for Children's Advocacy, opening a legal advocacy clinic on site at Luis Munoz Marin Middle School in Bridgeport. The new clinic provides educational advocacy to students at risk of dropping out of school. Attorney Scheinberg's work with CCA's new Educational Success Project provides legal support that helps youth throughout Fairfield County succeed in school. Kathryn is focused on eliminating the barriers that often prevent academic success. read more
Amara Neng is New Intern with CCA's Medical-Legal Partnership
 Amara Neng, a second year law student at Universtiy of Connecticut School of Law, recently joined the Center for Children's Advocacy as an intern with the Medical Legal Partnerhsip Project. Amara's parents fled the Cambodian genocide in the late 1970s. Remembering her family's struggles and hardships as she was growing up, Amara has a particular interest in immigrant and refugee rights.
Click here for CCA's complete staff listing.
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