Bill Summary – FastDemocracy

Judiciary Committee
                          JOINT FAVORABLE REPORT
     Bill No.: HB-5372
                AN ACT PERMITTING CLINICAL SOCIAL WORKERS TO CONDUCT
                PERIODIC BEHAVIORAL HEALTH ASSESSMENTS OF POLICE OFFICERS
                AND PROMOTING THE INCREASED USE OF CLINICAL SOCIAL WORKERS
                BY LAW ENFORCEMENT UNITS WHEN ISSUING EMERGENCY
         Title: CERTIFICATES.
  Vote Date: 3/29/2022
 Vote Action: Joint Favorable Substitute
    PH Date: 3/9/2022
     File No.: 493
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Judiciary Committee
Co-Sponsors of Bill:
Rep. Michael A. Winkler, 56th Dist.              Rep, David Michel, 146th Dist.
Rep. Robin E. Comey, 102nd Dist.                 Rep. Christine Palm, 36th Dist.
Rep. John K. Hampton, 16th Dist.                 Rep. Dorinda Borer, 115th Dist.
Rep. Josh Elliott, 88th Dist.
REASONS FOR BILL:
This concept was brought to the attention of the Judiciary Committee from Deputy Chief John
Alves of the Branford Police Department and the Police Transparency and Accountability
Task Force. The bill allows police social workers the authority to issue an emergency
certificate, authorizing an individual to be taken to the hospital for medical examination.
Currently only those working under a program operated by or under contract with DHMAS
can issue an emergency certificate. The change in statutory language put forth by this bill
would allow additional professionals in the mental health field to make these assessments
and remove some obligation from the police to do so.
PROPOSED SUBSTITUTE LANGUAGE:
Section 2 was stricken from the bill due to concerns raised by several groups. Among those
with concerns are DMHAS, ACLU-CT, Connecticut Legal Rights Project Inc., and National
Association of Social Workers, Connecticut Chapter. Four provisions from the
recommendations of the police accountability task force were added. One provision includes
reporting use of force incidents involving law enforcement. Another provision added the ability
for accreditation of police departments to be done by the Connecticut Police Officer
Standards and Training Council (POST) in addition to the Commission on Accreditation for
Law Enforcement Agencies (CALEA). Also added to the bill was a set of minimum standards
and practices for administering and managing law enforcement units. Lastly, provisions
relating to expanding diversity guidelines were included in the substitute language.
RESPONSE FROM ADMINISTRATION/AGENCY:
State of Connecticut, Department of Mental Health and Addiction Services,
Commissioner, Nancy Navarretta
Nancy Navarretta, the Commissioner of the Department of Mental Health and Addiction
Services (DMHAS), provided testimony related to some concerns on the bill. Section 2 of the
bill, which provides for the expansion of the ability to write emergency certificates to ensure
the involuntary transportation of individuals who are experiencing emotional distress.
Currently, the behavioral health system and law enforcement can cause the involuntary
transportation of individuals in emotional distress, thus making section 2 of the bill
unnecessary in the opinion of DMHAS. DMHAS has an eight-hour training, after which
licensed clinical social workers and advanced practice registered nurses can write
emergency certificates. Having worked with the recovery community for many years, DMHAS
has learned that forcing individuals to be transported may adversely affect those with a
history of trauma. It also may create an adversarial relationship between consumers of
services and behavioral health professionals. Expanding the ability to write emergency
certifications in turn expands the potential for harm. Due to these concerns, DMHAS
encourages the committee to remove Section 2 from the bill. These concerns were
addressed in the substitute language.
NATURE AND SOURCES OF SUPPORT:
Branford Counseling & Community Services, Executive Director, Peter Cimino &
Branford Resident, Police Social Worker, Danielle Suraci, LCSW
Peter Cimino of Branford Counseling & Community Services, and Police Social Worker
Danielle Suraci, support the bill. In August 2021, the Town of Branford Police Department
(BPD) hired a LCSW as a social worker after the BPD conducted a study on the feasibility
and potential impact of using social workers to respond to police calls for service for mental
health, substance abuse, and social service needs. They concluded that the number of calls
warranted the need for a social worker to assist their officers in addressing non-criminal
behavioral health and social service needs. The Police Social Worker has assisted officers
with death notifications, juvenile matters, domestic violence calls, and more. BPD has seen a
decrease in the rate of involuntary hospitalizations they have made since the position was
created. Police are not social workers, they have a job they were hired and trained to
complete, which is to protect the public and prevent crime. Allowing trained social workers to
deal with non-criminal behavior and social service calls will help all members of the
community.
Connecticut Legal Rights Project, Inc., Executive Director, Kathleen Flaherty, Esq.
Kathy Flaherty, the Executive Director of Connecticut Legal Rights Project (CLRP), shares
concerns regarding the bill. She does not have objections to the section of the bill which
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seeks to add licensed clinical social workers which experience diagnosing and treating post-
traumatic stress disorder to the psychiatrists and psychologists who are authorized to perform
these assessments currently. She believes this represents a powerful demonstration of
workforce issues in the behavioral health system. However, Ms. Flaherty believes the
Committee should remove Section 2 from the bill before advancing it as police officers can
already write emergency evaluation requests. Thus, she believes this section does not add
anything meaningful and is not necessary. This concern was addressed by the substitute
language.
Council 4 AFSCME's Public Safety Chapter, Legislative Director, Brian Anderson
Mr. Anderson, on behalf of Council 4 AFSCME's Public Safety Chapter, supports the bill. The
union supports the bill as some of the most knowledgeable experts on treating police officers
for trauma are social workers. With this being the case, it makes sense to have social
workers, the best professionals in the field, be utilized to deal with police officer mental health
assessments.
Licensed Clinical Social Worker, Isabel Logan
Isabel Logan, a LCSW with over 20 years of experience in criminal, juvenile justice, and law
enforcement settings, supports the bill. Allowing clinical social workers to conduct periodic
behavioral health assessments of police officers will provide more mental health resources to
police officers. Behavioral health insurances already recognize licensed clinical social
workers' clinical diagnosing skill set, making it a seamless progression of services.
Maureen Lopes
Ms. Lopes believes that LCSW's are well trained and should be permitted to be hired by
police departments to conduct behavioral health assessments. She supports the bill.
National Association of Social Workers, Connecticut Chapter, LMSW, Stephen
Wanczyk-Karp
Stephen Wanczyk-Karp, a Licensed Master Social Worker and member of the National
Association of Social Workers Connecticut Chapter (NASW/CT), strongly supports the bill.
Licensed Clinical Social Workers have notable clinical assessment skills, and the bill offers
police departments a valuable option in selecting a clinician to provide the behavioral health
assessment of police offers. Licensed Clinical Social Workers are trained in and licensed for
diagnosis and treatment. NSAW/CT urges the committee to assist police departments in
meeting Section 16 of the Police Accountability Act by voting yes on the bill.
National Association of Social Workers, Connecticut Chapter, Education and
Legislative Action Network, Chair, Kathleen Callahan
Kathleen Callahan, the chair of the National Association of Social Workers Connecticut
Chapter's Education and Legislative Action Network, supports the bill. This bill recognizes the
clinical assessment skills of Licensed Clinical Social Workers and offers police departments
the option of selecting a clinician to provide the behavioral health assessment of police
officers. LCSW's are trained in and licensed for diagnosis and treatment, they are also
recognized as behavioral health providers by all major private insurers. Ms. Callahan also
supports the recommendation from the Department of Mental Health and Addiction Services
to remove Section 2 from the bill, which was addressed in the substitute language.
                                                                           Page 3 of 5 HB-5372
National Association of Social Workers, Connecticut Chapter, Intern, Breanna
Formanski
Brenna Formanski, an intern with the National Association of Social Workers, Connecticut
Chapter (NASW/CT), supports the bill. The bill calls for a particular amount of training from
the board-certified professionals that can complete these assessments. Those conducting
training must have experience diagnosing and treating post-traumatic stress disorder (PTSD),
thus they will be well versed in their approach. This ensures they are well equipped to train
and educate fellow social workers. Allowing Licensed Clinical Social Workers to conduct
behavioral health assessments would only further the connection and relationship between
social workers and police departments. It would also be beneficial to every police
department's budget due to the cost efficiency of hiring a social worker compared to a
psychologist or psychiatrist.
Town of Branford, Department of Police Services, Deputy Chief, John Alves
John Alves, the Deputy Chief of Police in Branford, supports the bill. The minor statutory
changes stemming from this bill will allow for the expanded ability of a clinical social worker to
issue an emergency certificate when working in collaboration with or directly for a law
enforcement unit. This change is narrow but has a positive impact in allowing police agencies
to incorporate mental health professionals into their response.
Connecticut Association for Marriage and Family Therapy, Chair, Licensed Marriage
and Family Therapist, Rebecca Ruitto
Licensed Marriage and Family Therapist, Briana Hansen
Licensed Marriage and Family Therapist, Kristen Diekmann
Therapy for Diverse Families, Owner, Licensed Marriage and Family Therapist, Michele
E. Nardella
The Licensed Marriage and Family Therapists (MFTs) above submitted identical testimony in
support of the bill with requested modification to include Marriage and Family Therapists.
Many MFTs have extensive training and ability to diagnose and treat post-traumatic stress
disorder. They also have experience in mobile crisis positions, working with first responders,
and the judiciary system. First responders within the state are continuously exposed to
stressors and trauma while in the field. Given the ability of MFTs to assess and treat trauma-
related disorders, they request that MFTs be included in the professions listed as those
qualified to complete the police officer behavioral health assessments. They would also like
to see MFTs be included as providers issuing emergency certificates. When establishing
additional resources and supports for first responders, they recommend the committee be
inclusive of all mental health professionals that may be qualified to assess and support police
officers.
NATURE AND SOURCES OF OPPOSITION:
American Civil Liberties Union of Connecticut, Policy Counsel, Jess Zaccagnino
Jess Zaccagnino, the policy counsel for the American Civil Liberties Union of Connecticut
(ACLU-CT), opposes Section 2 of the bill. Contact between police and community members
can have tragic consequences for people experiencing mental health crises. Rather than
continuing to entrench the role of police in mental health, the ACLU-CT would like to see the
Committee seek to divest police from this function entirely. They have significant concerns
with the bill as it fails to reduce the role of policing within communities, specifically regarding
some of Connecticut's most vulnerable residents when they need medical care for a mental
                                                                            Page 4 of 5 HB-5372
health crisis. Due to this, they encourage the Committee to re-evaluate its centering of police
in mental health care entirely, instead shifting its focus to mental health professionals.
Section 2 was stricken from the bill in substitute language, addressing the concerns
presented by the ACLU.
Behavioral Health Consultants, LLC, Managing Partner, Mark J. Kirschner, PhD, ABPP
Mr. Kirschner, a clinical psychologist who is Board Certified in Police and Public Safety
Psychology, opposes the bill. Having worked closely with the CT Police Chief's Association
and the CT Police Officer Standards and Training Council in developing guidance and
standards as to the conduct of behavioral health assessments of police officers, Mr.
Kirschner is admittedly protective of the process which he thinks will be negatively impacted
by the proposed change from this bill. His first concern has to do with the difference in
training between psychologists and clinical social workers related to the diagnosis and
assessment of mental disorders. Social workers have an MSA which takes 1-2 years of
general post-graduate work and complete 3000 hours of post-master's work, only 100 of
which need to be done under professional supervision. A psychologist takes 4-5 years of
post-graduate work in the area of clinical psychology and is required to complete a 1-year
supervised internship in order to obtain their doctorate followed by a year of supervised
experience during which they receive at least 3 hours of direct supervision for every 40 hours
worked. His second concern has to do with quality control and making sure that the
behavioral health assessments are being conducted in a similar fashion regardless of the
clinician providing them. This is obviously difficult to do, and the fear is that opening this up
now to clinical social workers will create a mass number of people who will be interested in
doing this work, and quality control will be non-existent. His third concern has to do with the
cultural competence to perform these assessments. While there are clinical social workers
who have adequate cultural competence and experience, the vast majority do not. Mr.
Krischner believes opening the floodgates of opportunity risks the integrity of the overall
process. Lastly, in terms of the ability for clinical social workers to complete emergency
committal forms, he has not completed any in 30 plus years of working as a clinical
psychologist. Due to this, he believes that this provision is unnecessary.
CT Resident, David Godbout
Mr. Godbout opposed the bill, stating that the virtual committee process constitutes a
violation of his Fourth Amendment rights. He also believes that 8 hours of schooling for on
the job training is insufficient.
 Reported by: Luke Tressy                                 Date: 04/19/2022
                                                                          Page 5 of 5 HB-5372
Statutes affected: 
Raised Bill: 7-291e
JUD Joint Favorable Substitute: 7-291e, 7-291b, 7-294ee
File No. 493: 7-291e, 7-291b, 7-294ee
APP Joint Favorable: 7-291e, 7-291b, 7-294ee
Public Act No. 22-114: 7-291e, 7-291b