(a) As used in this section, “family” or “family member” means a person related to a child by birth, marriage or other legal means, or a fictive kin caregiver, as defined in section 17a-114.

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(b) On and after July 1, 2021, or upon approval by the federal Administration for Children and Families of the Connecticut Family First Prevention Plan developed by the Department of Children and Families, whichever is first, a child in the custody of the Commissioner of Children and Families pursuant to section 46b-129 who is placed in a qualified residential treatment program shall, not later than thirty days after such placement, be assessed by a qualified individual designated by the commissioner in accordance with the provisions of this section. Such qualified individual shall (1) assess the strengths and needs of the child using an age-appropriate, evidence-based, validated, functional assessment tool approved by the Secretary of Health and Human Services, (2) determine whether the needs of the child can be met by family members or through placement in a foster family, and, if such needs cannot be met, identify a setting that would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the goals for the child as specified in the permanency plan for the child, and (3) develop a list of child-specific short-term and long-term mental and behavioral health goals. A qualified individual shall work in conjunction with the child’s family permanency planning team while conducting an assessment under this section.

(c) If the qualified individual conducting an assessment under this section determines that a child should not be placed with family members or in a foster family, the qualified individual shall specify in writing why the needs of the child cannot be met by the child’s family or in a foster family, provided a shortage or lack of availability of foster family homes shall not be an acceptable reason for a determination that the child’s needs cannot be met in a foster family. If the qualified individual recommends that a child should be placed in a qualified residential treatment program, the qualified individual shall further specify in writing why placement in the qualified residential treatment program will provide the child with the most effective and appropriate level of care in the least restrictive environment and how such placement is consistent with the goals specified in the permanency plan for the child. Such written assessment shall be submitted to the commissioner.

(d) (1) On and after July 1, 2021, or upon approval by the federal Administration for Children and Families of the Connecticut Family First Prevention Plan developed by the Department of Children and Families, whichever is first, the Commissioner of Children and Families, not later than thirty-five days after the placement of a child who is in the custody of the commissioner pursuant to section 46b-129 in a qualified residential treatment program, shall file a motion with the Superior Court that has venue over such matter for review of the written assessment required pursuant to subsection (c) of this section, unless such child has been discharged from the qualified residential treatment program.

(2) Not later than fifteen days after a motion for review is filed pursuant to subdivision (1) of this subsection, the court shall (A) review the findings from the assessment of the child and the determination made pursuant to subsection (b) of this section, and the written assessment required pursuant to subsection (c) of this subsection; and (B) determine whether the needs of the child can be met through placement with a foster family and, if not, whether placement of the child in the qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and that such placement is consistent with the goals specified in the permanency plan for the child. The purpose of the determination made pursuant to subparagraph (B) of this subdivision shall be solely for allowing the Commissioner of Children and Families to receive foster care maintenance payments pursuant to Title IV-E of the Social Security Act, as amended from time to time.

(e) Following the court’s approval or disapproval pursuant to subsection (d) of this section, the Commissioner of Children and Families shall submit evidence to the court at any hearing held with respect to a child that remains placed in a qualified residential treatment program, (1) demonstrating that (A) ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster family, (B) the placement in the qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment, and (C) the placement is consistent with the goals specified in the permanency plan for the child; (2) documenting the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need such treatment or services; and (3) documenting efforts made by the commissioner to prepare the child to return home or to be placed with a family member, a legal guardian, an adoptive parent or in a foster family.

(f) The Commissioner of Children and Families shall adopt regulations in accordance with the provisions of chapter 54 establishing standards for qualified residential treatment programs and qualified individuals. Such standards shall include, but not be limited to, (1) staffing at such treatment programs, (2) the care and treatment of children cared for or boarded in such treatment programs, (3) training and qualifications required for a qualified individual, and (4) documentation requirements. The commissioner may implement policies and procedures consistent with the provisions of this subsection while the commissioner is in the process of adopting such regulations, provided the commissioner shall publish notice of intention to adopt regulations on the eRegulations System not later than twenty days after the implementation of such policies and procedures. Any such policies and procedures shall be valid until such final regulations are effective.