Good morning. I have attached what I believe is the most recent MOA between DCF and DMHAS as well as two memos from the DCF commissioner in 2011 (I believe these are the most recent on the issue as well). DCF can continue services for children in the voluntary services program beyond 18 and they can transfer children in the voluntary services program to DMHAS under the MOA. While I think the guardian’s refusal to house the child prior to the age of 18 constitutes neglect, in all likelihood, if a petition were filed today, it would like be moot (see Jose B., 303 Conn. 569). The bigger issue is getting services in place through DMHAS. It is important that the child transition into Young Adult Services (YAS) under the MOA, rather than simply applying for DMHAS services as an adult. There is a richer array of services through YAS. There is a residential program through YAS but when I last checked, it took about 1 year to get into it. So, DCF should do the referral to DMHAS but they should be pushed to keep the child in their care under voluntary services until the transition action plan (required under the MOA) has been fully executed.

I hope the attached memos are helpful to you. You can also feel free to give me a call.

Christina D. Ghio, Esq.

The Law Office of Christina D. Ghio, LLC

P.O. Box 186

Cheshire, CT 06410

Ph. 203-439-0656

Ph. 860-580-9443

Fax 860-516-1550

http://www.ctchildlaw.com

From: KidsCounsel ListServ [mailto:[log in to unmask]] On Behalf Of Marcia Brubeck
Sent: Wednesday, April 27, 2016 8:21 AM
To: [log in to unmask]
Subject: [KIDSCOUNSEL-L] question about child's transition from DCF to DMHAS

The child will turn 18yo in three-four weeks and has a voluntary services case with DCF. The guardian (a relative) refuses to house the child, the child is presently in a shelter, and DCF is saying that it is arranging for the child to transition to DMHAS services for housing (etc.) once she turns eighteen. I am the outpatient therapist. My question: can DCF transition a child to DMHAS who is not a ward of the state, or do the guardian’s rights have to be terminated first, with a subsequent petition for DCF to take custody, so that at the time of the child’s birthday she is a ward of the state? I worry that she will be homeless at eighteen, with services from neither DCF nor DMHAS. And the clock is ticking.

Marcia E. Brubeck, LCSW

Hartford, CT