CHAPTER 319rr
CHILD CARE AND PROTECTION

      Sec. 17b-730. (Formerly Sec. 17-575). Child day care and economic opportunity acts. (a) The Commissioner of Social Services is authorized to take advantage of any federal statutes and regulations relating to child day care and shall have the power to administer any federally-assisted child day care program in the event that said federal statutes or regulations require that said federally-assisted program be administered by a single state agency.

      (b) The Commissioner of Social Services is authorized to take advantage of Title V of Public Law 88-452, entitled "Economic Opportunity Act of 1964", with respect to providing work training, aid and assistance to persons eligible for state-administered general assistance or public assistance, and to administer the same in such manner as is required for the receipt of federal funds therefor.

      (February, 1965, P.A. 357, S. 2; 1967, P.A. 759, S. 1(h); 768, S. 2; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 93-262, S. 1, 87; P.A. 04-76, S. 24.)

      History: 1967 acts created section in present form by designating Subsec. (h) (originally Subsec. (b) of Sec. 17-12b) as Subsec. (a) and making subsection added in second act Subsec. (b); P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; Sec. 17-12b transferred to Sec. 17-31f in 1979; Sec. 17-31f transferred to Sec. 17-575 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-575 transferred to Sec. 17b-730 in 1995; P.A. 04-76 amended Subsec. (b) by replacing reference to "general assistance" with reference to "state-administered general assistance".

      Sec. 17b-731. Reserved for future use.

      Sec. 17b-732. (Formerly Sec. 17-579). Papers for commitment of minors; uniform forms. Notice to Commissioner of Social Services or designee. Uniform forms of commitment papers or mittimus shall be used by all authorities throughout the state in the commitment by them of minors to the Commissioner of Social Services, the Commissioner of Children and Families or humane or reformatory institutions. Such forms shall be prepared by the Attorney General, printed at the expense of the state and furnished by the Commissioner of Social Services or his designee. In such forms there shall be stated the following particulars in regard to the minor committed thereby: Name, age or date of birth as exactly as can be determined, and the town or city and state in which born; name, nationality and religious preference of the parents so far as known. The age thus ascertained shall be taken as the true age of such minor with reference to the term of commitment. The authority committing any minor to the Commissioner of Social Services, the Commissioner of Children and Families or the Southbury Training School shall forthwith send a notice of such commitment to the Commissioner of Social Services or his designee in a form approved by him. The provisions of this section shall not apply to commitment papers made pursuant to sections 18-65a or 18-73, which shall be prepared by the Judicial Department.

      (1949 Rev., S. 2846; 1955, S. 1588d; 1967, P.A. 118, S. 1; P.A. 74-251, S. 4; P.A. 75-420, S. 4, 6; P.A. 77-344, S. 2; 77-614, S. 521, 610; P.A. 91-278, S. 5, 9; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87.)

      History: 1967 act changed name of Mansfield State Training School and Hospital; P.A. 74-251 included commitments to commissioner of children and youth services, deleted reference to commitments to the House of the Good Shepherd and allowed designee to act for welfare commissioner; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-344 replaced provision that Sec. 18-73 unaffected by this section with provision that section does not affect commitment papers pursuant to 18-65a or 18-73 thus clarifying meaning; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; Sec. 17-14 transferred to Sec. 17-31j in 1979; Sec. 17-31j transferred to Sec. 17-579 in 1991; P.A. 91-278 made technical changes to remove references to Mansfield Training School; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-579 transferred to Sec. 17b-732 in 1995.

      Sec. 17b-733. (Formerly Sec. 17-585(a)). Department designated lead agency for child day care services. The Department of Social Services shall be the lead agency for child day care services in Connecticut. The department shall: (1) Identify, annually, existing child day care services and maintain an inventory of all available services; (2) provide technical assistance to corporations and private agencies in the development and expansion of child day care services for families at all income levels, including families of their employees and clients; (3) study and identify funding sources available for child day care including federal funds and tax benefits; (4) study the cost and availability of liability insurance for child day care providers; (5) provide, in conjunction with the Departments of Education and Higher Education, ongoing training for child day care providers including preparing videotaped workshops and distributing them to cable stations for broadcast on public access stations, and seek private donations to fund such training; (6) encourage child day care services to obtain accreditation; (7) develop a range of financing options for child care services, including the use of a tax-exempt bond program, a loan guarantee program and establishing a direct revolving loan program; (8) promote the colocation of child day care and school readiness programs pursuant to section 4b-31; (9) establish a performance-based evaluation system; (10) develop for recommendation to the Governor and the General Assembly measures to provide incentives for the private sector to develop and support expanded child day care services; (11) provide, within available funds and in conjunction with the temporary family assistance program as defined in section 17b-680, child day care to public assistance recipients; (12) develop and implement, with the assistance of the Child Day Care Council and the Departments of Public Health, Social Services, Education, Higher Education, Children and Families, Economic and Community Development and Consumer Protection, a state-wide coordinated child day care and early childhood education training system (A) for child day care centers, group day care homes and family day care homes that provide child day care services, and (B) that makes available to such providers and their staff, within available appropriations, scholarship assistance, career counseling and training, advancement in career ladders, as defined in section 4-124bb, through seamless articulation of levels of training, program accreditation support and other initiatives recommended by the Departments of Social Services, Education and Higher Education; (13) plan and implement a unit cost reimbursement system for state-funded child day care services such that, on and after January 1, 2008, any increase in reimbursement shall be based on a requirement that such centers meet the staff qualifications, as defined in subsection (b) of section 10-16p; (14) develop, within available funds, initiatives to increase compensation paid to child day care providers for educational opportunities, including, but not limited to, (A) incentives for educational advancement paid to persons employed by child day care centers receiving state or federal funds, and (B) support for the establishment and implementation by the Labor Commissioner of apprenticeship programs for child day care workers pursuant to sections 31-22m to 31-22q, inclusive, which programs shall be jointly administered by labor and management trustees; (15) evaluate the effectiveness of any initiatives developed pursuant to subdivision (14) of this section in improving staff retention rates and the quality of education and care provided to children; and (16) report annually to the Governor and the General Assembly on the status of child day care in Connecticut. Such report shall include (A) an itemization of the allocation of state and federal funds for child care programs; (B) the number of children served under each program so funded; (C) the number and type of such programs, providers and support personnel; (D) state activities to encourage partnership between the public and private sectors; (E) average payments issued by the state for both part-time and full-time child care; (F) range of family income and percentages served within each range by such programs; and (G) age range of children served.

      (P.A. 82-261, S. 2, 6; P.A. 85-495, S. 3, 7; P.A. 86-417, S. 6, 15; P.A. 87-77; 87-110; P.A. 88-160, S. 2, 3; P.A. 91-292, S. 2; 91-327, S. 5, 8; 91-371, S. 1; 91-406, S. 25, 29; P.A. 93-20, S. 2; 93-91, S. 1, 2; 93-118; 93-262, S. 44, 87; 93-381, S. 9, 39; P.A. 94-181, S. 1, 7; P.A. 95-250, S. 1; 95-257, S. 12, 21, 58; P.A. 97-259, S. 26, 41; P.A. 01-206; P.A. 04-212, S. 6; June Sp. Sess. P.A. 07-2, S. 15.)

      History: P.A. 85-495 inserted new provisions designated as Subsec. (a) re human resources department's duties re child day care services, and designated previously existing provisions as Subsecs. (b) to (d), inclusive; P.A. 86-417 amended Subsec. (a) by requiring the department to provide, in conjunction with the department of education, training for day care providers and requiring department of human resources to provide day care to assistance recipients in the WIN program, amended Subsec. (b) by requiring that family day care homes be registered instead of licensed and adding requirements for registration and inspection and made technical changes in Subsec. (c); P.A. 87-77 amended Subsec. (b) to require inspections to include an inspection for evident sources of lead poisoning and to require the department to provide a chemical analysis of any paint chips found on such premises; P.A. 87-110 amended Subsec. (b) to require that the department investigation include a visit and inspection of the premises and changed the percentage of homes for unannounced visits from "ten" to "thirty-three and one-third"; P.A. 88-160 amended Subsec. (b) to provide that a registered family day care home shall not be subject to any conditions other than those imposed by the department as long as the home complies with applicable local codes and ordinances; Sec. 17-31q transferred to Sec. 17-585 in 1991; P.A. 91-292 in Subsec. (a) inserted new Subdiv. (8) re development and implementation of child day care training system, renumbering the remaining Subdiv. and specifying information to be included in report to general assembly re day care; P.A. 91-327 amended Subsec. (c) to direct the department of human resources to establish regulations to require immunizations according to the schedule established by the department of health services before a child may attend a family day care home, and amended Subsec. (d) to require registrants to certify that children enrolled are immunized; P.A. 91-371 in Subsec. (a) inserted new Subdiv. (9) re cost reimbursement system for state-funded child day care services and renumbered the remaining Subdiv. accordingly; P.A. 91-406 substituted "JOBS" for "WIN incentive" program in Subsec. (a)(7); P.A. 93-20 amended Subsec. (c) to require that the regulations specify standards for the extended care and overnight care provided by family day care homes; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-118 amended Subsec. (c) to require regulations re family day care home providers' administering certain medicinal preparations; P.A. 93-262 replaced references to commissioners and departments of income maintenance and human resources with commissioner and department of social services and changed the word "registration" to "license" or "licensure", effective July 1, 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 94-181 transferred the licensure program of family day care homes to the department of public health and addiction services from the department of social services, effective July 1, 1994, as a result of which Subsecs. (b), (c) and (d) were transferred editorially by the Revisors to Sec. 19a-87b in 1995; Sec. 17-585(a) transferred to Sec. 17b-733 in 1995; P.A. 95-250 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 97-259 amended Subdiv. (5) to add the Department of Higher Education, added new Subdivs. (6) to (9), inclusive, renumbered existing Subdivs., and in Subdiv. (11) substituted temporary family assistance program for JOBS program, effective July 1, 1997; P.A. 01-206 added new Subdivs. (14) and (15) re initiatives to increase compensation paid to child day care providers and evaluation of these initiatives and renumbered existing Subdiv. (14) as Subdiv. (16); P.A. 04-212 amended Subdiv. (12) to require assistance from Department of Higher Education re development and implementation of a state-wide coordinated child day care and early childhood education training system and to specify the types of training initiatives that should be made available to child day care providers and their staff; June Sp. Sess. P.A. 07-2 amended Subdiv. (13) by requiring that on and after January 1, 2008, any increase in reimbursement shall be based on requirement that centers meet staff qualifications, as defined in Sec. 10-16p(b), effective July 1, 2007.

      Annotation to former section 17-585:

      Cited. 31 CA 359.

      Sec. 17b-734. (Formerly Sec. 17-592). Grants to municipalities and state agencies for child care facilities. The Commissioner of Social Services shall establish and administer a program of grants to municipalities and state agencies for the purpose of planning, site preparation, construction, renovation or acquisition of facilities for use as child care facilities to be used primarily by the children of employees of such municipalities or state agencies and other potential participants. If openings occur for other potential participants in such a child care facility, priority for such openings shall be given to families at or below seventy-five per cent of the state's median income.

      (P.A. 84-443, S. 14, 20; P.A. 93-262, S. 1, 87; P.A. 96-262, S. 3, 11.)

      History: Sec. 17-31x transferred to Sec. 17-592 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-592 transferred to Sec. 17b-734 in 1995; P.A. 96-262 added "other potential participants" to the list of persons eligible to use child care facilities and required priority to be given to families at or below 75% of the state's median income if openings occur for other potential participants, effective July 1, 1996.

      Sec. 17b-735. (Formerly Sec. 17-593). Bonds for grants for child care facilities. (a) For the purposes described in section 17b-734 and for the payment of any administrative expenses of the Department of Social Services related thereto the State Bond Commission shall have the power, from time to time, to authorize the issuance of bonds of the state in one or more series and principal amounts not exceeding in the aggregate six million twenty-four thousand seven hundred ninety-eight dollars, provided one million dollars of said authorization shall be effective July 1, 2000.

      (b) All provisions of section 3-20, or the exercise of any right or power granted thereby which are not inconsistent with the provisions of sections 17b-734 to 17b-736, inclusive, are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to said sections, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Said bonds issued pursuant to sections 17b-734 to 17b-736, inclusive, shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the Treasurer shall pay such principal and interest as the same become due.

      (P.A. 84-443, S. 15, 20; P.A. 85-558, S. 12, 17; P.A. 86-396, S. 17, 25; P.A. 87-405, S. 16, 26; P.A. 88-343, S. 10, 32; P.A. 89-331, S. 17, 30; P.A. 90-297, S. 8, 24; May Sp. Sess. P.A. 92-7, S. 11, 36; P.A. 93-262, S. 1, 87; June Sp. Sess. P.A. 93-1, S. 24, 45; P.A. 99-241, S. 11, 66; June Sp. Sess. P.A. 05-5, S. 8.)

      History: P.A. 85-558 increased the bond authorization limit from $350,000 to $450,000; P.A. 86-396 increased bond authorization to $950,000; P.A. 87-405 increased the bond authorization to $1,325,000; P.A. 88-343 increased the bond authorization to $3,325,000; P.A. 89-331 increased the bond authorization to $4,325,000; P.A. 90-297 decreased the bond authorization to $4,275,000; Sec. 17-31y transferred to Sec. 17-593 in 1991; May Sp. Sess. P.A. 92-7 amended Subsec. (a) to increase the bond authorization to $5,275,000 and amended Subsec. (b) to provide for the signing of the request for authorization by the secretary of the office of policy and management rather than the commissioner of human resources; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; June Sp. Sess. P.A. 93-1 amended Subsec. (a) to increase bond authorization from $5,275,000 to $5,775,000, effective July 1, 1993; Sec. 17-593 transferred to Sec. 17b-735 in 1995; P.A. 99-241 amended Subsec. (a) to increase authorization to $7,775,000, effective July 1, 1999, provided $1,000,000 is effective July 1, 2000; June Sp. Sess. P.A. 05-5 amended Subsec. (a) to decrease the aggregate authorization to $6,024,798, effective July 1, 2005.

      Sec. 17b-736. (Formerly Sec. 17-594). Regulations. The Commissioner of Social Services shall adopt regulations in accordance with chapter 54 to carry out the purposes of sections 17b-734 and 17b-735.

      (P.A. 84-443, S. 16, 20; P.A. 93-262, S. 1, 87.)

      History: Sec. 17-31z transferred to Sec. 17-594 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-594 transferred to Sec. 17b-736 in 1995.

      Sec. 17b-737. (Formerly Sec. 17-595). Grants program to encourage the use of school facilities for child day care services. Regulations. The Commissioner of Social Services shall establish a program, within available appropriations, to provide grants to municipalities, boards of education and child care providers to encourage the use of school facilities for the provision of child day care services before and after school. In order to qualify for a grant, a municipality, board of education or child care provider shall guarantee the availability of a school site which meets the standards set by the Department of Public Health in regulations adopted under sections 19a-77, 19a-79, 19a-80 and 19a-82 to 19a-87a, inclusive, and shall agree to provide liability insurance coverage for the program. Grant funds shall be used by the municipality, board of education or child care provider for the maintenance and utility costs directly attributable to the use of the school facility for the day care program, for related transportation costs and for the portion of the municipality, board of education or child care provider liability insurance cost and other operational costs directly attributable to the day care program. The municipality or board of education may contract with a child day care provider for the program. The Commissioner of Social Services may adopt regulations, in accordance with the provisions of chapter 54, for purposes of this section. The commissioner may utilize available child care subsidies to implement the provisions of this section and encourage association and cooperation with the Head Start program established pursuant to section 10-16n.

      (P.A. 86-417, S. 11, 15; P.A. 87-435, S. 5, 6; P.A. 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; 95-360, S. 18, 32; P.A. 96-262, S. 4, 11; June Sp. Sess. P.A. 00-2, S. 23, 53.)

      History: P.A. 87-435 made the pilot program permanent and added "within available appropriations", expanded eligibility to include boards of education and child care providers, allowed grants to be used for "related transportation costs" and removed language specifying that a contract be entered into after a competitive bidding process; Sec. 17-31aa transferred to Sec. 17-595 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; Sec. 17-595 transferred to Sec. 17b-737 in 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-360 substituted reference to Sec. 19a-82 for Sec. 19a-81, effective July 13, 1995; P.A. 96-262 added a provision allowing the commissioner to utilize available child care subsidies to implement the provisions of section and encourage association and cooperation with the Head Start program, effective July 1, 1996; June Sp. Sess. P.A. 00-2 allowed grant funds to be used for "other operational costs", deleted provision requiring contract to limit amount provider may charge to provider's base cost per capita plus a percentage of the base cost, and made a technical change, effective July 1, 2000.

      Statutory language does not evidence clear express intent necessary to abrogate common law by substantially expanding exception to governmental immunity for discretionary acts. 284 C. 91.

      Sec. 17b-738. (Formerly Sec. 17-596). Loans to business firms for licensed child care centers, family day care homes or group day care homes. The Commissioner of Social Services shall establish and administer a program of loans to business firms, as defined in subsection (a) of section 12-631, for the purpose of planning, site preparation, construction, renovation or acquisition of facilities, within the state, for use as licensed child day care centers, family day care homes or group day care homes to be used primarily by the children of employees of such corporations and children of employees of the municipalities in which such facilities are located. Such loans shall be made in accordance with the terms and conditions as provided in regulations adopted by the Commissioner of Social Services, in accordance with chapter 54, shall be made for a period not to exceed five years and shall bear interest at a rate to be determined in accordance with subsection (t) of section 3-20.

      (P.A. 84-443, S. 17, 20; P.A. 87-416, S. 17, 24; 87-435, S. 1; P.A. 93-262, S. 1, 87; P.A. 96-262, S. 5, 11.)

      History: P.A. 87-416 provided that the interest rates on loans would be determined in accordance with Sec. 3-20(t); P.A. 87-435 transferred authority to administer loan program from economic development commissioner to human resources commissioner, specified that facilities be "within the state" and made technical changes and deleted former Subsec. (b) which had required loan authorization by Connecticut development authority; Sec. 32-9hh transferred to Sec. 17-31ee in 1989; Sec. 17-31ee transferred to Sec. 17-596 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-596 transferred to Sec. 17b-738 in 1995; P.A. 96-262 replaced "corporations" with "business firms, as defined in Subsec. (a) of Sec. 12-631" and replaced "child care facilities" with "licensed child day care centers, family day care homes or group day care homes", effective July 1, 1996.

      Sec. 17b-739. (Formerly Sec. 17-597). Child care facilities in state buildings. Whenever the state (1) constructs, acquires or receives as a gift any office building which accommodates three hundred or more state employees or (2) alters, repairs or makes additions to an existing state building which accommodates three hundred or more employees and such alterations, repairs or additions affect at least twenty-five per cent of the square footage of such building, the Department of Public Works shall notify the Department of Social Services. The Department of Social Services, with the assistance of the Department of Administrative Services, shall determine the need for child care services for the employees in such building and other potential participants. If a demonstrated need for child care exists for thirty or more children of such employees and other potential participants and such care is unavailable, the Department of Public Works shall set aside adequate space for child care facilities in such building. If openings occur for other potential participants in such a child care facility, priority for such openings shall be given to families at or below seventy-five per cent of the state's median income. Such facilities shall meet all state licensure requirements. The provisions of this section shall not apply to correctional institutions.

      (P.A. 89-248; P.A. 93-262, S. 1, 87; P.A. 96-262, S. 6, 11.)

      History: P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17-597 transferred to Sec. 17b-739 in 1995; P.A. 96-262 required priority be given to families at or below 75% of the state's median income if openings occur for other potential participants, effective July 1, 1996.

      Secs. 17b-740 to 17b-742. (Formerly Secs. 17-613 to 17-615). Day care tax credits: Definition, application; amount; approval, regulations, report. Sections 17b-740 to 17b-742, inclusive, are repealed, effective July 8, 1997, and applicable to income years commencing on or after January 1, 1998.

      (P.A. 89-364, S. 1-3, 7; P.A. 93-262, S. 1, 87; 93-381, S. 9, 39; May 25 Sp. Sess. P.A. 94-1, S. 20, 130; P.A. 95-257, S. 12, 21, 58; P.A. 96-262, S. 7, 11; P.A. 97-259, S. 27, 41; 97-295, S. 19, 24, 25; P.A. 98-262, S. 14, 22.)

      Sec. 17b-743. (Formerly Sec. 17-323a). Support order may direct payment to Commissioner of Administrative Services or local welfare department. Any court or any family support magistrate having jurisdiction to make an order for support of any person by a legally liable relative or putative father shall have authority to direct payment in accordance with such order to the Commissioner of Administrative Services or to the welfare department of any political subdivision of the state for such period as such person shall receive welfare assistance from the state or such subdivision; and such court or family support magistrate, upon its findings of any arrearage due under any support order, shall have authority to determine that portion of such arrearage the failure to pay which resulted in grants of welfare assistance, and to order payment of such portion to the Commissioner of Administrative Services or the local welfare department which granted such assistance in reimbursement therefor, as the case may be. The provisions of this section shall apply to orders made under the provisions of sections 46b-60 and 46b-81 to 46b-87, inclusive, and 53-304.

      (1959, P.A. 115, S. 1, 2; 1967, P.A. 314, S. 10; 656, S. 15; P.A. 73-373, S. 33; P.A. 77-614, S. 70, 610; P.A. 86-359, S. 28, 44.)

      History: 1967 acts deleted state welfare department and substituted commissioner of finance and control and added reference to Sec. 53-308; P.A. 73-373 replaced reference to Secs. 46-20, 46-21, 46-26 and 53-308 with reference to Secs. 46-50 to 46-57, later transferred to Secs. 46b-60 and 46b-81 to 46b-87 and to Sec. 53-304; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 86-359 added references to family support magistrates; Sec. 17-323a transferred to Sec. 17b-743 in 1995.

      Annotation to former section 17-323a:

      Cited. 5 Conn. Cir. Ct. 78.

      Sec. 17b-744. (Formerly Sec. 17-323b). Discontinuance of payments of support to commissioner pursuant to certain court orders. Any order payable to the Commissioner of Administrative Services for support of any beneficiary of public assistance shall, on filing by the Commissioner of Social Services with the court making such order, or with the assistant clerk of the Family Support Magistrate Division where such order was entered, of a notice of discontinuance of such assistance and on notice to the payor by registered or certified mail, a copy of which notice shall be sent to the Commissioner of Administrative Services, be payable directly to such beneficiary, beginning with the effective date of discontinuance, except that the Commissioner of Social Services may elect to continue to collect such support payments on behalf of the beneficiaries of the temporary family assistance program for three months after the date of discontinuance as provided in federal law and regulations.

      (1963, P.A. 25; 1967, P.A. 314, S. 11; 656, S. 16; 1972, P.A. 294, S. 21; P.A. 73-373, S. 34; P.A. 74-338, S. 24, 94; P.A. 75-420, S. 4, 6; P.A. 76-334, S. 6, 12; P.A. 77-614, S. 70, 608, 610; P.A. 86-359, S. 29, 44; P.A. 93-262, S. 39, 87; June 18 Sp. Sess. P.A. 97-2, S. 81, 165; P.A. 03-278, S. 69.)

      History: 1967 acts added chapter 911 (paternity proceedings) and Sec. 53-308 (forfeited bonds) to section, substituted commissioner of finance and control for welfare commissioner and provided copy of notice be sent to finance commissioner; 1972 act replaced reference to Sec. 53-308 with reference to Sec. 53-304; P.A. 73-373 replaced reference to Secs. 46-21 and 46-26 with reference to Sec. 46-57; P.A. 74-338 made technical correction; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 76-334 deleted reference to specific provisions of statutes, referred to by section and chapter, replaced "certificate" with "notice" and added exception re continued collection of payments by social services commissioner; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services and, effective January 1, 1979, replaced commissioner of social services with commissioner of income maintenance; P.A. 86-359 authorized filing of notice with assistant clerk of family support magistrate division and to substitute human resources commissioner for income maintenance commissioner in provision authorizing collection of support payments after discontinuance as provided in federal law; P.A. 93-262 replaced references to commissioners of income maintenance and human resources with commissioner of social services, effective July 1, 1993; Sec. 17-323b transferred to Sec. 17b-744 in 1995; June 18 Sp. Sess. P.A. 97-2 replaced a reference to aid to families with dependent children with temporary family assistance, effective July 1, 1997; P.A. 03-278 made a technical change, effective July 9, 2003.

      Sec. 17b-745. (Formerly Sec. 17-324). Court order for support of persons supported by state. National Medical Support Notice. Income withholding orders. Enforcement and modification of support orders. (a)(1) The Superior Court or a family support magistrate may make and enforce orders for payment of support to the Commissioner of Administrative Services or, in IV-D support cases, to the state acting by and through the IV-D agency, directed to the husband or wife and, if the patient or person is under the age of eighteen years or as otherwise provided in this subsection, to any parent of any patient or person being supported by the state, wholly or in part, in a state humane institution, or under any welfare program administered by the Department of Social Services, as the court or family support magistrate finds, in accordance with the provisions of subsection (b) of section 17b-179, or section 17a-90, 17b-81, 17b-223, 46b-129 or 46b-130, to be reasonably commensurate with the financial ability of any such relative. If such person is unmarried and a full-time high school student, such support shall continue according to the parents' respective abilities, if such person is in need of support, until such person completes the twelfth grade or attains the age of nineteen, whichever occurs first. Any court or family support magistrate called upon to make or enforce such an order, including an order based upon a determination consented to by the relative, shall ensure that such order is reasonable in light of the relative's ability to pay.

      (2) (A) The court or family support magistrate shall include in each support order in a IV-D support case a provision for the health care coverage of the child. Such provision may include an order for either parent or both parents to provide such coverage under any or all of clauses (i), (ii) or (iii) of this subparagraph.

      (i) The provision for health care coverage may include an order for either parent to name any child as a beneficiary of any medical or dental insurance or benefit plan carried by such parent or available to such parent at a reasonable cost, as described in clause (iv) of this subparagraph. If such order requires the parent to maintain insurance available through an employer, the order shall be enforced using a National Medical Support Notice as provided in section 46b-88.

      (ii) The provision for health care coverage may include an order for either parent to: (I) Apply for and maintain coverage on behalf of the child under the HUSKY Plan, Part B; or (II) provide cash medical support, as described in clauses (v) and (vi) of this subparagraph. An order under this clause shall be made only if the cost to the parent obligated to maintain coverage under the HUSKY Plan, Part B, or provide cash medical support is reasonable as described in clause (iv) of this subparagraph. An order under subclause (I) of this clause shall be made only if insurance coverage as described in clause (i) of this subparagraph is unavailable at reasonable cost to either parent, or inaccessible to the child.

      (iii) An order for payment of the child's medical and dental expenses, other than those described in subclause (II) of clause (v) of this subparagraph, that are not covered by insurance or reimbursed in any other manner shall be entered in accordance with the child support guidelines established pursuant to section 46b-215a.

      (iv) Health care coverage shall be deemed reasonable in cost if: (I) The parent obligated to maintain such coverage would qualify as a low-income obligor under the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income, and the cost does not exceed five per cent of such parent's net income; or (II) the parent obligated to maintain such coverage would not qualify as a low-income obligor under such guidelines and the cost does not exceed seven and one-half per cent of such parent's net income. In either case, net income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a. If a parent obligated to maintain insurance must obtain coverage for himself or herself to comply with the order to provide coverage for the child, reasonable cost shall be determined based on the combined cost of coverage for such parent and such child.

      (v) Cash medical support means: (I) An amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including the HUSKY Plan, Part A or Part B, except as provided in clause (vi) of this subparagraph, or by another parent through employment or otherwise, or (II) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified specifically on the record. Cash medical support, as described in subclauses (I) and (II) of this clause, may be ordered in lieu of an order under clause (i) of this subparagraph to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under clause (i) of this subparagraph, provided the total cost to the obligated parent of insurance and cash medical support is reasonable, as described in clause (iv) of this subparagraph. An order for cash medical support shall be payable to the state or the custodial party, as their interests may appear, provided an order under subclause (I) of this clause shall be effective only as long as health insurance coverage is maintained. Any unreimbursed medical and dental expenses not covered by an order issued pursuant to subclause (II) of this clause are subject to an order for unreimbursed medical and dental expenses pursuant to clause (iii) of this subparagraph.

      (vi) Cash medical support to offset the cost of any insurance payable under the HUSKY Plan, Part A or Part B, shall not be ordered against a noncustodial parent who is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or against a custodial parent of children covered under the HUSKY Plan, Part A or Part B.

      (B) Whenever an order of the Superior Court or family support magistrate is issued against a parent to cover the cost of such medical or dental insurance or benefit plan for a child who is eligible for Medicaid benefits, and such parent has received payment from a third party for the costs of such services but such parent has not used such payment to reimburse, as appropriate, either the other parent or guardian or the provider of such services, the Department of Social Services may request the court or family support magistrate to order the employer of such parent to withhold from the wages, salary or other employment income of such parent to the extent necessary to reimburse the Department of Social Services for expenditures for such costs under the Medicaid program, except that any claims for current or past-due child support shall take priority over any such claims for the costs of such services.

      (3) Said court or family support magistrate shall also have authority to make and enforce orders directed to the conservator or guardian of any such patient or person, or the payee of Social Security or other benefits to which such patient or person is entitled, to the extent of the income or estate held or received by such fiduciary or payee in any such capacity.

      (4) For purposes of this section, the term "father" shall include a person who has acknowledged in writing paternity of a child born out of wedlock, and the court or family support magistrate shall have authority to determine, order and enforce payment of any accumulated sums due under a written agreement to support such child in accordance with the provisions of this section.

      (5) (A) The court or family support magistrate may also make and enforce orders for the payment by any person named herein of past-due support for which any such person is liable in accordance with the provisions of subsection (b) of section 17b-179, or section 17a-90, 17b-81, 17b-223, 46b-129 or 46b-130 or, in IV-D cases, and order such person, provided such person is not incapacitated, to participate in work activities that may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t. The father's liability for past-due support of a child born out of wedlock shall be limited to the three years next preceding the filing of a petition pursuant to this section.

      (B) In the determination of child support due based on neglect or refusal to furnish support prior to the action, the support due for periods of time prior to the action shall be based upon the obligor's ability to pay during such prior periods, as determined in accordance with the child support guidelines established pursuant to section 46b-215a. The state shall disclose to the court any information in its possession concerning current and past ability to pay. If no information is available to the court concerning past ability to pay, the court may determine the support due for periods of time prior to the action as if past ability to pay is equal to current ability to pay, if current ability is known. If current ability to pay is not known, the court shall determine the past ability to pay based on the obligor's work history if known, or if not known, on the state minimum wage that was in effect during such periods, provided only actual earnings shall be used to determine ability to pay for past periods during which the obligor was a full-time high school student or was incarcerated, institutionalized or incapacitated.

      (C) Any finding of support due for periods of time prior to an action in which the obligor failed to appear shall be entered subject to adjustment. Such adjustment may be made upon motion of any party, and the state in IV-D cases shall make such motion if it obtains information that would have substantially affected the court's determination of past ability to pay if such information had been available to the court. Motion for adjustment under this subparagraph may be made not later than twelve months from the date upon which the obligor receives notification of (i) the amount of such finding of support due for periods of time prior to the action, and (ii) the right not later than twelve months from the date of receipt of such notification to present evidence as to such obligor's past ability to pay support for such periods of time prior to the action. A copy of any support order entered, subject to adjustment, that is provided to each party under subsection (c) of this section shall state in plain language the basis for the court's determination of past support, the right to request an adjustment and to present information concerning the obligor's past ability to pay, and the consequences of a failure to request such adjustment.

      (6) (A) All payments ordered by the court or family support magistrate under this section shall be made to the Commissioner of Administrative Services or, in IV-D cases, to the state acting by and through the IV-D agency, as the court or family support magistrate may determine, for the period during which the supported person is receiving assistance or care from the state, provided, in the case of beneficiaries of any program of public assistance, upon the discontinuance of such assistance, payments shall be distributed to the beneficiary, beginning with the effective date of discontinuance, and provided further that in IV-D support cases, all payments shall be distributed as required by Title IV-D of the Social Security Act. Any order of payment made under this section may, at any time after being made, be set aside or altered by the court or a family support magistrate.

      (B) In IV-D support cases, the IV-D agency or a support enforcement agency under cooperative agreement with the IV-D agency may, upon notice to the obligor and obligee, redirect payments for the support of any child receiving child support enforcement services either to the state of Connecticut or to the present custodial party, as their interests may appear, provided neither the obligor nor the obligee objects in writing within ten business days from the mailing date of such notice. Any such notice shall be sent by first class mail to the most recent address of such obligor and obligee, as recorded in the state case registry pursuant to section 46b-218, and a copy of such notice shall be filed with the court or family support magistrate if both the obligor and obligee fail to object to the redirected payments within ten business days from the mailing date of such notice.

      (7) (A) Proceedings to obtain orders of support under this section shall be commenced by the service on the liable person or persons of a verified petition of the Commissioner of Administrative Services, the Commissioner of Social Services or their designees. The verified petition shall be filed by any of said commissioners or their designees in the judicial district of the court or Family Support Magistrate Division in which the patient, applicant, beneficiary, recipient or the defendant resides. The judge or family support magistrate shall cause a summons, signed by such judge or magistrate, by the clerk of said court, or by a commissioner of the Superior Court to be issued, requiring such liable person or persons to appear before the court or a family support magistrate at a time and place as determined by the clerk but not more than ninety days after the issuance of the summons to show cause, if any, why the request for relief in such petition should not be granted.

      (B) Service of process issued under this section may be made by a state marshal, any proper officer or any investigator employed by the Department of Social Services or by the Commissioner of Administrative Services. The state marshal, proper officer or investigator shall make due return of process to the court not less than twenty-one days before the date assigned for hearing. Upon proof of the service of the summons to appear before the court or a family support magistrate, at the time and place named for hearing upon such petition, the failure of the defendant to appear shall not prohibit the court or family support magistrate from going forward with the hearing.

      (8) Failure of any defendant to obey an order of the court or Family Support Magistrate Division made under this section may be punished as contempt of court. If the summons and order is signed by a commissioner of the Superior Court, upon proof of service of the summons to appear in court or before a family support magistrate and upon the failure of the defendant to appear at the time and place named for hearing upon the petition, request may be made by the petitioner to the court or family support magistrate for an order that a capias mittimus be issued. Except as otherwise provided, upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for a hearing upon the failure of the defendant to obey the court order as contempt of court, the court or the family support magistrate may order a capias mittimus to be issued and directed to some proper officer to arrest such defendant and bring such defendant before the Superior Court for the contempt hearing. The costs of commitment of any person imprisoned therefor shall be paid by the state as in criminal cases. When any such defendant is so found in contempt, the court or family support magistrate may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt.

      (9) In addition to or in lieu of contempt proceedings, the court or family support magistrate, upon a finding that any person has failed to obey any order made under this section, may issue an order directing that an income withholding order issue against such amount of any debt accruing by reason of personal services due and owing to such person in accordance with section 52-362, or against such lesser amount of such excess as said court or family support magistrate deems equitable, for payment of accrued and unpaid amounts due under such order and all amounts which thereafter become due under such order. On presentation of such income withholding order by the officer to whom delivered for service to the person or persons or corporation from whom such debt accruing by reason of personal services is due and owing, or thereafter becomes due and owing, to the person against whom such support order was issued, such income withholding order shall be a lien and a continuing levy upon such debt to the amount specified therein, which shall be accumulated by the debtor and paid directly to the Commissioner of Administrative Services or, in IV-D cases, to the state acting by and through the IV-D agency, in accordance with section 52-362, until such income withholding order and expenses are fully satisfied and paid, or until such income withholding order is modified.

      (10) No entry fee, judgment fee or any other court fee shall be charged by the court to either party in actions under this section.

      (11) Written statements from employers as to property, insurance, wages, indebtedness and other information obtained by the Commissioner of Social Services, or the Commissioner of Administrative Services under authority of section 17b-137, shall be admissible in evidence in actions under this section.

      (b) Except as provided in sections 46b-212 to 46b-213v, inclusive, any court or family support magistrate, called upon to enforce a support order, shall insure that such order is reasonable in light of the obligor's ability to pay. Except as provided in sections 46b-212 to 46b-213v, inclusive, any support order entered pursuant to this section, or any support order from another jurisdiction subject to enforcement by the state of Connecticut, may be modified by motion of the party seeking such modification, including Support Enforcement Services in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record that the application of the guidelines would be inequitable or inappropriate, provided the court or family support magistrate finds that the obligor or the obligee and any other interested party have received actual notice of the pendency of such motion and of the time and place of the hearing on such motion. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. In any hearing to modify any support order from another jurisdiction the court or the family support magistrate shall conduct the proceedings in accordance with the procedure set forth in sections 46b-213o to 46b-213q, inclusive. No such support orders may be subject to retroactive modification except that the court or family support magistrate may order modification with respect to any period during which there is a pending motion for a modification of an existing support order from the date of service of notice of such pending motion upon the opposing party pursuant to section 52-50.

      (c) In IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, a copy of any support order established or modified pursuant to this section or, in the case of a motion for modification of an existing support order, a notice of determination that there should be no change in the amount of the support order, shall be provided to each party and the state case registry within fourteen days after issuance of such order or determination.

      (1953, 1955, S. 1445d; 1951, 1953, 1955, S. 1461d; 1957, P.A. 28; 1959, P.A. 42, S. 1; 1963, P.A. 73, S. 2; 1967, P.A. 314, S. 12; 746, S. 5; 1972, P.A. 127, S. 30; 294, S. 22; June, 1972, P.A. 1, S. 11; P.A. 74-183, S. 217, 291; P.A. 75-420, S. 4, 6; P.A. 76-334, S. 7, 12; 76-435, S. 20, 82; 76-436, S. 186, 681; P.A. 77-594, S. 4, 7; 77-614, S. 70, 608, 610; P.A. 79-206; P.A. 80-70, S. 2; 80-149, S. 1, 3; P.A. 84-159, S. 3; 84-205, S. 2; P.A. 86-359, S. 30, 44; P.A. 87-316, S. 9; 87-421, S. 10, 13; P.A. 87-589, S. 32, 87; P.A. 90-188, S. 2; 90-213, S. 19, 56; P.A. 91-76, S. 2, 7; 91-391, S. 1; P.A. 92-253, S. 3; P.A. 93-187, S. 1; 93-262, S. 40, 89; 93-396, S. 1; May Sp. Sess. P.A. 94-5, S. 7, 30; P.A. 95-305, S. 2, 6; June 18 Sp. Sess. P.A. 97-1, S. 51, 75; June 18 Sp. Sess. P.A. 97-2, S. 82, 165; June 18 Sp. Sess. P.A. 97-7, S. 11, 38; P.A. 99-279, S. 28, 45; P.A. 00-99, S. 56, 154; P.A. 01-91, S. 3; May 9 Sp. Sess. P.A. 02-7, S. 40; P.A. 03-258, S. 2; 03-278, S. 70; P.A. 04-100, S. 1; P.A. 06-149, S. 4, 5; P.A. 07-247, S. 3, 4; P.A. 10-32, S. 161.)

      History: 1959 act specified statute applies to persons supported in state institutions or under state welfare programs, added references to Secs. 17-62, 17-90 and 17-119, included payee of social security or other benefits, added provisions re father of child born out of wedlock, method of making payments and dependents found in contempt, provided for accumulation of debt owed under lien and that no fees shall be charged and changed technical language; 1963 act placed jurisdiction in circuit rather than common pleas court, provided for payments through family relations division of court and for service by investigator in welfare department, made statement as to wages admissible in evidence and added Subsec. (b); 1967 acts restricted liability to parents of a child under 21 and children of a parent under 65, substituted commissioner of finance and control for welfare commissioner and raised amount exempt from execution from $25 to $50 per week; 1972 acts changed age of patients for which parent is liable from under 21 to under 18, reflecting changed age of majority and deleted reference to Sec. 17-82d; P.A. 74-183 replaced circuit court with court of common pleas, "county" with "geographical area" and family relations "division" with "office"; P.A. 75-420 replaced welfare commissioner and department with social services commissioner and department; P.A. 76-334 included references to Secs. 17-62a and 17-295a, required court making or enforcing order to insure that order is reasonable in light of relative's ability to pay, replaced "certificate" with "notice", added exception re continued collection of payments by social services commissioner, allowed commissioner of social services to file petition for institution of proceedings and replaced executions against debts exceeding $50 per week which are owed to person violating order with executions as provided in Secs. 52-362 and 52-362a; P.A. 76-435 made technical changes; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-594 allowed commissioners' designees to file petitions and allowed filing in geographical area where patient, applicant, beneficiary or recipient lives and added provisions re failure to appear after summons served; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services and, effective January 1, 1979, replaced commissioner and department of social services with commissioner and department of income maintenance; P.A. 79-206 included commissioner and department of human resources in provisions re petitions, service of summons and evidence; P.A. 80-70 added reference to Sec. 17-31i(b); P.A. 80-149 required lien payments at one-month, rather than three-month, intervals; P.A. 84-159 removed the authority of the court to order children to contribute to the support of parents who are under 65 years of age; P.A. 84-205 added the language concerning orders for medical or dental insurance; P.A. 86-359 applied provisions to family support magistrates and authorized filing of notice and petitions with assistant clerk of family support magistrate division; P.A. 87-316 added Subsec. (b) requiring any court or family support magistrate called upon to enforce a support order to insure that order is reasonable in light of obligor's ability to pay, and permitting modification of support order entered pursuant to this section or from another jurisdiction subject to enforcement in this state, provided obligor or obligee or other interested party receives actual notice of pendency of motion and hearing, which shall be conducted in accordance with Sec. 46b-197; P.A. 87-421 removed references to Sec. 17-295a which was repealed by the same act; P.A. 87-589 made technical change in Subsec. (b); P.A. 90-188 amended Subsec. (b) by adding provision permitting modification of child support orders upon showing of substantial change of circumstances or substantial deviation from child support guidelines established under P.A. 89-203 unless inequitable or inappropriate, and prohibiting retroactive modification of order of periodic payment or permanent alimony or support, except during period of pending motion for modification; P.A. 90-213 in Subsec. (a) replaced family division with the support enforcement division, deleted provision allowing the commissioner of income maintenance to collect certain support payments and in Subsec. (b) authorized the commissioner of human resources to seek to modify AFDC support cases; P.A. 91-76 amended Subsec. (b) by adding provision re rebuttable presumption that deviation of less than 15% from child support guidelines is not substantial and any deviation of more than 15% is substantial and permitting modification of support order without regard to whether order issued before on or after May 9, 1991; P.A. 91-391 amended Subsec. (a) by adding provisions requiring that determination of support due shall be based upon obligor's ability to pay during such prior periods, requiring that state disclose to court information re current and past ability to pay, and that if no information is available on orders entered on or after October 1, 1991, such order shall be subject to adjustment when information becomes available to court upon motion of any party within four months of notification of amount of such order and of right to present evidence of past ability to pay; P.A. 92-253 amended Subsec. (a) by granting authority to court or magistrate to make and enforce orders to employer of parent to withhold premiums necessary for medical or dental insurance for minor child; P.A. 93-187 made technical changes to Subsec. (a) re commencement of support proceedings, summons and order, service of process and wage withholding orders; P.A. 93-262 replaced references to commissioners and departments of income maintenance and human resources with commissioner and department of social services, effective July 1, 1993; P.A. 93-396 changed references to "execution" to "withholding order" or "wage withholding" and deleted reference to filing of discontinuance notice with court or assistant clerk of family support magistrate division where order was entered and in Subsec. (b) removed the reference to the commissioner of human resources and substituted "support enforcement division" thereby superseding the reference to the commissioner of social services which was added by P.A. 93-262, since P.A. 93-396 passed later than P.A. 93-262; May Sp. Sess. P.A. 94-5 amended Subsec. (a) to provide that if an order is issued against a parent, and such parent has received payment from a third party for the costs of such insurance, and the parent fails to reimburse the other parent or the party providing the insurance, the court may order a wage withholding of an amount necessary to reimburse the department of social services if the child is covered by the Medicaid program or the guardian or other parent in other cases for expenditures made or to be made on behalf of such child, effective July 1, 1994; Sec. 17-324 transferred to Sec. 17b-745 in 1995; P.A. 95-305 amended Subsec. (a) by requiring the court or family support magistrate to order the employer of a parent with a medical or dental insurance or benefit plan to withhold from such parent's compensation the amount of a premium for health coverage, except such employer may be required to withhold less than the full cost of such premium under regulation of the Secretary of the United States Department of Health and Human Services, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-1 made technical changes to Subsec. (b), effective January 1, 1998; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (b) to replace a reference to "AFDC" with "TANF", effective July 1, 1997; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) to require order in IV-D case to include provision for health care coverage of child, to permit magistrate, in IV-D cases, to order person to participate in work activities, provided such person is not incapacitated and to make other technical changes, including changing "wage" to "income", made a technical change in Subsec. (b) and added Subsec. (c) re copy of order and any modification shall be provided to each party and to state case registry within 14 days of order in IV-D cases, effective July 1, 1997; P.A. 99-279 amended Subsec. (a) by dividing it into eleven Subdivs. and Subparas., making technical changes and adding to Subdiv. (2) provisions re insurance coverage under Husky Plan in cases where insurance is unavailable under a parent's group coverage through an employer or union, effective July 1, 1999; P.A. 00-99 replaced references to sheriff with state marshal in Subsec. (a)(7)(B), effective December 1, 2000; P.A. 01-91 amended Subsec. (b) by changing "the Support Enforcement Division" to "Support Enforcement Services"; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (a)(2) by specifying that an employment based order requiring a parent to name a child as a beneficiary of medical or dental insurance is to be enforced using a National Medical Support Notice in Subpara. (A) and deleting provisions re withholding from employee's compensation in Subpara. (B); P.A. 03-258 amended Subsec. (a)(5)(B) by providing that child support due for periods prior to commencement of an action shall be "determined in accordance with the child support and arrearage guidelines established pursuant to section 46b-215a", deleting provision re support determination being based on assistance rendered to a child, adding provision re court determination of past ability to pay support based on obligor's work history or state's minimum wage in effect during periods prior to action and making technical changes, and amended Subsec. (a)(5)(C) by adding provision re support findings made for periods of time prior to an action where obligor failed to appear are subject to adjustment, providing that in IV-D cases state must make motion for adjustment if it obtains information that would have substantially affected court's determination of past ability to pay, changing time parameters for making motion for adjustment from four to twelve months, and adding provision re support orders subject to adjustment must state in plain language the court's basis for making the determination of past support, the right to request an adjustment and present evidence re past ability to pay, and consequences of failure to request an adjustment; P.A. 03-278 made technical changes in Subsec. (a)(1), effective July 9, 2003; P.A. 04-100 amended Subsec. (a)(1) and (2) by adding provision re continuation of support for unmarried, full-time high school student residing with custodial parent and making technical and conforming changes; P.A. 06-149 amended Subsec. (a)(1) and (2) to make technical changes, delete "and residing with the custodial parent", and substitute exemption from insurance payments for low-income obligors for prior exemption if premium payment would reduce amount of support required under child support guidelines, amended Subsec. (a)(5) to provide that a father's liability for past-due support of a child born out of wedlock shall be limited to three years next preceding the filing of a petition and make technical changes, and amended Subsec. (a)(6) to designate existing provisions as Subpara. (A) and provide therein that in IV-D support cases, payments shall be distributed as required by Title IV-D of the Social Security Act, and to add Subpara. (B) re redirection of payments and notice thereof, effective June 6, 2006; P.A. 07-247 amended Subsec. (a)(2)(A) by inserting clause (i) to (vi) designators, by specifying that court or family support magistrate may order either or both parents to provide health care coverage for the child, by specifying that either parent may be ordered to name a child as a beneficiary of any medical or dental insurance plan carried by or available to such parent at a reasonable cost, by describing "reasonable in cost" re maintaining health care coverage, by deleting provision that required applying for coverage under HUSKY Plan, Part B only if noncustodial parent had sufficient ability to pay the appropriate premium, by providing that court or family support magistrate may order either parent to provide for coverage under HUSKY Plan, Part B, or alternatively enter an order for cash medical support as long as any such order was reasonable, by defining "cash medical support" and requirements related to entry of a cash medical support order and by making conforming and technical changes, and amended Subsec. (a)(7)(A) by deleting "The verified petition, summons and order shall be on forms prescribed by the Office of the Chief Court Administrator."; P.A. 10-32 substituted "IV-D" for "TANF" re support cases and made technical changes in Subsec. (b), effective May 10, 2010.

      See Sec. 17b-222 for definition of "humane institution".

      See Sec. 17b-223 re support in humane institutions.

      See Sec. 17b-228 re court action by state to recover unpaid portion of charges for support in humane institution.

      See Sec. 46b-88 re National Medical Support Notice.

      See Sec. 46b-215e re institutionalized or incarcertated child support obligor.

      See Sec. 52-56(d) re execution or service of copies mittimus in any precinct by state marshal of any precinct.

      Annotations to former section 17-324:

      The order for payments is subject to rescission or modification and is not a fixed liability absolutely owing within the meaning of dischargeable debts under the bankruptcy act. 142 C. 329. Cited. 152 C. 55. Defendant's unsworn but written acknowledgment of paternity in earlier contract to support child is sufficient to meet requirements of this section. History of state law concerning illegitimate children reviewed. 156 C. 199. Cited. 166 C. 642. Cited. 180 C. 114.

      Cited. 34 CS 187. Cited. 35 CS 603. Cited. 37 CS 566; Id., 745. While defendant correctly interprets statute, Sec. 52-362a applies, allowing wage execution to be issued concurrently with a support order. Id., 840. Cited. Id., 891. Cited. 38 CS 503.

      Commissioner may proceed under this statute or section 17-298 to secure collection of support for patient in state humane institution. 4 Conn. Cir. Ct. 81. Cited. Id., 401, 402. In proceeding under this section defendant can present defense of desertion by mother with whose support he was charged by order of commissioner. Although he did appeal under sections 17-2a and 17-2b, state had not pleaded his failure to do so. Id., 645.

      Sec. 17b-746. (Formerly Sec. 17-325). Appeals from support orders. Any party to an action brought under the provisions of section 17b-745 shall have the right of appeal as in civil actions, except that appeals from a decision of a family support magistrate shall be taken pursuant to subsection (n) of section 46b-231. Any order for support made by the court shall not be affected by an appeal but shall continue in effect until the appeal is decided and thereafter, if the appeal is denied, until changed by further order of the court.

      (1957, P.A. 536; 1959, P.A. 42, S. 2; P.A. 86-359, S. 31, 44.)

      History: 1959 act deleted provision granting appeal to party to action brought under section 17-323; P.A. 86-359 added exception for appeals from decision of family support magistrate; Sec. 17-325 transferred to Sec. 17b-746 in 1995.

      Sec. 17b-747. (Formerly Sec. 17-319). Apportionment of support cost. Any court which commits a child to an institution or custodial agency shall determine the pecuniary ability of either or both parents to contribute to the support of such child and shall order such parent or parents to pay such sum for such support as is consistent with such pecuniary ability. If such commitment is to an institution or custodial agency not supported in whole or in part by the state, such order shall direct such parent or parents to pay to such institution the amount specified in such order, provided such amount shall not exceed the actual cost of the support of such child. Such institution or custodial agency may enforce such order by civil suit or by instituting contempt proceedings in the court issuing such order. If such commitment is to an institution or custodial agency supported in whole or in part by the state, such order shall direct such parent or parents to pay to the state an amount not exceeding the cost to the state of the support of such child in such institution and the Attorney General shall enforce such order by civil suit or by contempt proceedings. If such commitment is to an institution or custodial agency supported in whole or in part by the state, such court shall certify such commitment to the Commissioner of Social Services or his designee. The provisions of this section shall not apply to any commitment to the Newington Children's Hospital.

      (1949 Rev., S. 2844; 1955, S. 1587d; 1961, P.A. 324; 425, S. 4; P.A. 74-251, S. 18; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 608, 610; P.A. 93-262, S. 1, 87.)

      History: 1961 acts deleted obsolete provisions requiring payment by town where child has a settlement; P.A. 74-251 allowed certification of commitment to commissioner's designee; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced commissioner of social services with commissioner of income maintenance, effective January 1, 1979; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; Sec. 17-319 transferred to Sec. 17b-747 in 1995.

      Annotation to former section 17-319:

      Cited. 115 C. 596.

      Sec. 17b-748. (Formerly Sec. 19a-78). Child Day Care Council. There is established a Child Day Care Council consisting of the Commissioner of Public Health, the Commissioner of Social Services, the Commissioner of Children and Families, the Commissioner of Education and the Commissioner of Economic and Community Development or a representative of each designated by him in writing to serve as such representative, and sixteen other persons appointed by the Governor. Said council shall be within the Department of Social Services for administrative purposes only. Of the persons appointed by the Governor, one shall be from among those recommended by the Connecticut Association for Education of Young Children; one shall be a member of a community council; one shall be a member of a community action program; one shall be a member of a child development or early childhood education department of a Connecticut college or university; four shall be providers of child day care services, two of whom shall be family day care providers, and two shall be child day care center providers; one shall be from among those recommended by the Permanent Commission on the Status of Women; one shall be from among those recommended by the Connecticut Commission on Children; one shall be from among those recommended by the American Academy of Pediatrics; one shall be a member of an advocacy group concerned with young children and their families; one shall be from among those recommended by the AFL-CIO Labor Council who is a member of organized labor; one shall be a member of the Connecticut Business and Industry Association; and two shall be parents, each of whom shall have a child enrolled in a child day care service. The members of the council shall serve without compensation but shall be reimbursed for necessary expenses incurred in the course of their duties. The chairperson and the vice-chairperson of the council shall be elected by the full membership of the council from among the persons appointed by the Governor and shall serve for a term of one year. The council shall meet at least ten times per year. Any appointed member who fails to attend three consecutive meetings or fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned. The council shall recommend to the Commissioner of Public Health regulations which shall effectuate the purposes of this section and sections 17b-733, 19a-77, 19a-79, 19a-80, 19a-82 to 19a-87, inclusive, and 19a-87b to 19a-87e, inclusive, including regulations relating to licensing, operation, program and professional qualifications of the staff of child day care centers, group day care homes and family day care homes and shall make recommendations to the Commissioner of Public Health on the administration of said sections. The Child Day Care Council shall also make recommendations to the Department of Social Services as the lead agency for day care on grants management and the planning and development of child day care services. In addition, the council shall provide guidelines for drop-in supplementary child care operations. Before making such recommendations, the council shall hold public hearings and invite suggestions from parents of children utilizing child day care services, as defined in section 19a-77, and from providers of such services and other interested parties. The Child Day Care Council shall study issues affecting child day care and make recommendations to the General Assembly. The council shall serve as an advisory committee to the Department of Social Services in the development of the state child care plan required pursuant to the Child Care Development and Improvement Act of 1990 and shall conduct biennial public hearings on such state plan.

      (1967, P.A. 696, S. 4; P.A. 73-415; P.A. 74-3; P.A. 75-420, S. 4, 6; 75-527, S. 3, 5; P.A. 76-38, S. 1, 3; P.A. 77-157, S. 2, 11; 77-614, S. 302, 323, 521, 529, 610; P.A. 81-471, S. 68, 71; P.A. 84-361, S. 4, 7; P.A. 85-495, S. 1, 7; 85-613, S. 40, 154; P.A. 87-435, S. 4, 6; P.A. 88-182, S. 1, 3; P.A. 91-292, S. 3, 5; P.A. 93-91, S. 1, 2; 93-262, S. 13, 87; 93-381, S. 9, 39; P.A. 94-181, S. 5, 7; P.A. 95-250, S. 1; 95-257, S. 12, 21, 58; 95-360, S. 19, 32; P.A. 96-211, S. 1, 5, 6.)

      History: P.A. 73-415 included commissioner of community affairs as council member and increased members who are not state officials from four to six with one additional member to be parent of child enrolled in tax-supported facility and one to be parent of child enrolled in privately-supported facility; P.A. 74-3 made chairman the commissioner of community affairs or his designee rather than commissioner of health in odd-numbered years alternating with secretary of the state board of education in even-numbered years; P.A. 75-420 replaced welfare commissioner with social services commissioner; P.A. 75-527 included commissioner of children and youth services as council member; P.A. 76-38 removed commissioner of mental health as council member and added director of the office of child day care as member and chairman replacing commissioner of community affairs as chairman; P.A. 77-157 added reference to regulation of group day care homes, added provision re council's duties with regard to family day care homes and supplementary child care operations, made hearings mandatory rather than optional, substituted day care "services" for "centers" and "administrators" for "operators" and established council as advisory body; P.A. 77-614 replaced secretary of the state board of education with commissioner of education, commissioner of health with commissioner of health services and commissioner of social services with commissioner of human resources, removed commissioner of community affairs as council member, deleted reference to two-year terms, required that recommendations be submitted to commissioner of health services rather than to public health council and placed council within human resources department for administrative purposes, effective January 1, 1979; P.A. 81-471 added the commissioner of income maintenance and a provider of child day care services to the council's membership; Sec. 19-43c transferred to Sec. 19a-78 in 1983; P.A. 84-361 added commissioner of consumer protection to the council, changed the number of persons appointed by governor from 7 to 8 and specified that one of the persons be recommended by permanent commission on the status of women, added language concerning election of the chairperson, provided for a one-year term and deleted language designating director of the office of child day care as chairman, stated that office of child day care serve as staff, added language on meeting and attendance requirements, required council to study issues affecting child day care and added requirement that recommendations be made to the general assembly; P.A. 85-495 removed references to the office of child day care, provided for the permanent commission on the status of women to serve as staff to the council and added "grants management and the planning and development of child day care services" as areas for recommendations by the council; P.A. 85-613 made technical changes; P.A. 87-435 removed language requiring the permanent commission on the status of women to serve as staff to the council; P.A. 88-182 added the commissioner of economic development to the council, increased the governor's appointments to the council to 16 and specified required characteristics of additional members; P.A. 91-292 added provision re council serving as an advisory committee to the department in developing state child care plan; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 replaced commissioner of human resources with commissioner of social services and deleted reference to council membership of the commissioner of income maintenance, effective July 1, 1993; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 94-181 deleted the commissioner of consumer protection from the membership of the council and placed family day care homes under the department of public health and addiction services rather than department of social services, effective July 1, 1994; Sec. 19a-78 transferred to Sec. 17b-748 in 1995; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-360 substituted reference to Sec. 19a-82 for Sec. 19a-81, effective July 13, 1995.

      See title 2c re termination under "Sunset Law".

      See Sec. 4-38f for definition of "administrative purposes only".

      See Sec. 19a-77 et seq. re child day care services.

      Sec. 17b-749. (Formerly Sec. 8-210b). Child care subsidy program. Eligibility and program standards. Eligibility redetermination. Child care providers. Regulations. (a) The Commissioner of Social Services shall establish and operate a child care subsidy program to increase the availability, affordability and quality of child care services for families with a parent or caretaker who is working, attending high school or who receives cash assistance under the temporary family assistance program from the Department of Social Services and is participating in an approved education, training, or other job preparation activity. Services available under the child care program shall include the provision of child care subsidies for children under the age of thirteen or children under the age of nineteen with special needs. The department shall open and maintain enrollment for the child care subsidy program and shall administer such program within the existing budgetary resources available. The department shall issue a notice on the department's Internet web site and shall provide written notice to recipients of program benefits and to service providers any time the department closes the program to new applications, changes eligibility requirements or changes program benefits, provided the department shall not be required to issue such notice when the department expands program eligibility. Any change in the department's acceptance of new applications, eligibility requirements or program benefits for which the department is required to give notice pursuant to this subsection, shall not be effective until thirty days after the department issues such notice.

      (b) The commissioner shall establish income standards for applicants and recipients at a level to include a family with gross income up to fifty per cent of the state-wide median income, except the commissioner (1) may increase the income level to up to seventy-five per cent of the state-wide median income, (2) upon the request of the Commissioner of Children and Families, may waive the income standards for adoptive families so that children adopted on or after October 1, 1999, from the Department of Children and Families are eligible for the child care subsidy program, and (3) on and after March 1, 2003, shall reduce the income eligibility level to up to fifty-five per cent of the state-wide median income for applicants and recipients who qualify based on their loss of eligibility for temporary family assistance. The commissioner may adopt regulations in accordance with chapter 54 to establish income criteria and durational requirements for such waiver of income standards.

      (c) The commissioner shall establish eligibility and program standards including, but not limited to: (1) A priority intake and eligibility system with preference given to serving recipients of temporary family assistance who are employed or engaged in employment activities under the department's "Jobs First" program, working families whose temporary family assistance was discontinued not more than five years prior to the date of application for the child care subsidy program, teen parents, low-income working families, adoptive families of children who were adopted from the Department of Children and Families and who are granted a waiver of income standards under subdivision (2) of subsection (b), and working families who are at risk of welfare dependency; (2) health and safety standards for child care providers not required to be licensed; (3) a reimbursement system for child care services which account for differences in the age of the child, number of children in the family, the geographic region and type of care provided by licensed and unlicensed caregivers, the cost and type of services provided by licensed and unlicensed caregivers, successful completion of fifteen hours of annual in-service training or credentialing of child care directors and administrators, and program accreditation; (4) supplemental payment for special needs of the child and extended nontraditional hours; (5) an annual rate review process for providers which assures that reimbursement rates are maintained at levels which permit equal access to a variety of child care settings; (6) a sliding reimbursement scale for participating families; (7) an administrative appeals process; (8) an administrative hearing process to adjudicate cases of alleged fraud and abuse and to impose sanctions and recover overpayments; (9) an extended period of program and payment eligibility when a parent who is receiving a child care subsidy experiences a temporary interruption in employment or other approved activity; and (10) a waiting list for the child care subsidy program that reflects the priority and eligibility system set forth in subdivision (1) of this subsection, which is reviewed periodically, with the inclusion of this information in the annual report required to be issued annually by the Department of Social Services to the Governor and the General Assembly in accordance with subdivision (10) of section 17b-733. Such action will include, but not be limited to, family income, age of child, region of state and length of time on such waiting list.

      (d) Not later than January 1, 2011, an applicant determined to be eligible for program benefits shall remain eligible for such benefits for a period of not less than eight months from the date that such applicant is determined to be eligible, provided the commissioner has not determined, during such eight-month period, that the applicant's circumstances have changed so as to render the applicant ineligible for program benefits. The commissioner shall not make an eligibility determination for a recipient of program benefits more than one time per eight-month period, except as provided in subsection (e) of this section.

      (e) Not later than October 15, 2011, the commissioner shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to human services and appropriations and the budgets of state agencies concerning eligibility redeterminations made on an eight-month basis. Such report shall include an analysis of overpayments of program benefits made by the department and administrative costs incurred by the department as a result of eligibility redeterminations made on an eight-month basis. On and after October 15, 2011, the commissioner may make eligibility redeterminations on a six-month basis if, after January 1, 2011, the department's overpayments of program benefits have increased in comparison with the period between January 1, 2010, and December 31, 2010, as a result of having an eight-month eligibility redetermination period.

      (f) A provider under the child care subsidy program that qualifies for eligibility and subsequently receives payment for child care services for recipients under this section shall be reimbursed for such services until informed by the Department of Social Services of the recipient's ineligibility.

      (g) All licensed child care providers and those providers exempt from licensing shall provide the Department of Social Services with the following information in order to maintain eligibility for reimbursement: (1) The name, address, appropriate identification, Social Security number and telephone number of the provider and all adults who work for or reside at the location where care is provided; (2) the name and address of the child's doctor, primary care provider and health insurance company; (3) whether the child is immunized and has had health screens pursuant to the federal Early and Periodic Screening, Diagnostic and Treatment Services Program under 42 USC 1396d; and (4) the number of children cared for by the provider.

      (h) On or after January 1, 1998, the commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

      (i) The commissioner shall submit to the joint standing committees of the General Assembly having cognizance of matters relating to human services and appropriations and the budgets of state agencies a copy of the Child Care and Development Fund Plan that the commissioner submits to the Administration for Children and Families pursuant to federal law. The copy of the plan shall be submitted to the committees not later than thirty days after submission of the plan to the Administration for Children and Families.

      (P.A. 74-206, S. 1, 2; P.A. 77-614, S. 532, 610; P.A. 86-417, S. 2, 15; P.A. 87-412, S. 1, 2; P.A. 88-160, S. 1, 3; P.A. 91-292, S. 1, 5; P.A. 92-223; P.A. 93-262, S. 1, 87; P.A. 97-259, S. 28, 41; P.A. 99-166, S. 7; 99-230, S. 6, 10; 99-252, S. 5; P.A. 00-187, S. 5, 75; P.A. 01-173, S. 45, 67; P.A. 03-2, S. 16; P.A. 04-16, S. 14; 04-258, S. 37; P.A. 08-100, S. 1; Sept. Sp. Sess. P.A. 09-5, S. 51; P.A. 10-61, S. 1.)

      History: P.A. 77-614 substituted commissioner of human resources for commissioner of community affairs, effective January 1, 1979; P.A. 86-417 expanded the list of day care providers from which the commissioner could purchase services to include group day care homes, family day care homes, providers serving in child's home and relatives, required the commissioner to adopt regulations on eligibility and level of payment and required the commissioner to pay the same amount for each child in the same family; P.A. 87-412 added provision authorizing the purchase of services from a relative of a child giving day care in the relative's home and redefined the standard of eligibility; P.A. 88-160 authorized the commissioner to provide day care subsidies to parents for day care services and increased the standard of eligibility to 70%; P.A. 91-292 changed eligibility level for day care subsidies from 70% to 50% of the state-wide median income; required regulations re subsidies and specified the factors to determine the level of subsidy; P.A. 92-223 provided that the commissioner may increase the standard of initial eligibility to include children in families with income up to 75% of the state-wide median income and provided that participating families with income less than 75% of the median shall at a minimum be eligible until the child attends school for a full day; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 8-210b transferred to Sec. 17b-749 in 1995; P.A. 97-259 deleted existing language and added new provisions re child care subsidy program, effective July 1, 1997; P.A. 99-166 amended Subsec. (b) by permitting commissioner to waive income standards for adoptive families of children who were in custody of department and amended Subsec. (c) by adding adoptive families of children who were in custody of department to list of services preferences; P.A. 99-230 amended Subsec. (e) to make a technical change, effective July 1, 1999; P.A. 99-252 amended Subsec. (b)(2) to allow commissioner to waive the income standards for adoptive families so that children adopted on or after October 1, 1999, from the Department of Children and Families are eligible for the child care subsidy program, deleting reference to children who were in the custody of the department, and to authorize adoption of regulations to establish income criteria and durational requirements for such waiver of income standards and amended Subsec. (c)(1) to give preference to adoptive families of children who were adopted from the Department of Children and Families and who are granted a waiver of income standards under Subsec. (b)(2), deleting reference to children who were in the custody of the department; P.A. 00-187 amended Subsec. (c)(3) to add requirement for successful completion of 15 hours of annual in-service training or credentialing of child care directors and administrators, effective July 1, 2000; P.A. 01-173 amended Subsec. (c) to make a technical change, effective July 1, 2001; P.A. 03-2 added Subsec. (b)(3) requiring commissioner to reduce income eligibility to up to 55% of the state-wide median income for applicants and recipients qualifying for the program based on loss of eligibility for temporary family assistance, effective February 28, 2003; P.A. 04-16 made a technical change in Subsec. (b); P.A. 04-258 amended Subsec. (a) to require the department to maintain open enrollment and administer the program within existing available budgetary resources and amended Subsec. (c)(1) to give priority intake and eligibility status to recipients of temporary family assistance who are engaged in "Jobs First" employment activities and to working families whose temporary family assistance benefits were discontinued not more than five years prior to the date of application for child care subsidy program benefits, effective July 1, 2004; P.A. 08-100 amended Subsec. (c) by adding new Subdiv. (9) re eligibility extension for participant experiencing temporary interruption in employment and redesignating existing Subdiv. (9) as Subdiv. (10), effective July 1, 2008; Sept. Sp. Sess. P.A. 09-5 added Subsec. (g) requiring Commissioner of Children and Families to submit copy of the Child Care and Development Fund Plan to human services and appropriations committees, effective October 5, 2009; P.A. 10-61 amended Subsec. (a) by requiring that commissioner provide prior notice of changes in program benefits and eligibility requirements and closure of program to new applications, amended Subsec. (c)(5) by specifying that annual rate review process applies to providers, added new Subsec. (d) re eligibility redeterminations, added new Subsec. (e) re commissioner's report concerning eligibility redeterminations and authorizing 6-month eligibility redetermination if overpayments have increased, redesignated existing Subsec. (d) as Subsec. (f) and amended same to delete "On and after January 1, 1998," and replace "parent's" with "recipient's", and redesignated existing Subsecs. (e) to (g) as Subsecs. (g) to (i), effective July 1, 2010.

      See Sec. 8-222b re municipal powers with respect to private day care facilities.

      See Sec. 8-226 re use of prior bond proceeds for purposes of this section.

      See Sec. 17b-749l re notice of program changes and intake closure.

      Sec. 17b-749a. Purchase of child day care services. Grants to school readiness providers. Duties of Commissioner of Social Services and Education concerning school readiness. (a) The Commissioner of Social Services, in consultation with the Commissioner of Education, shall establish, within available appropriations, a program to (1) purchase directly or provide subsidies to parents to purchase child day care services provided by any elementary or secondary school, nursery school, preschool, day care center, group day care home, family day care home, family resource center, Head Start program, or local or regional board of education, provided, if the commissioner purchases such services directly, he shall give preference to purchasing from providers of full-day and year-round programs; and (2) award grants to providers of school readiness programs, as defined in section 10-16p, to increase the hours of operation of their programs in order to provide child care for children attending such programs. The commissioner, for purposes of subdivision (1) of this subsection, shall model the program on the program established pursuant to section 17b-749.

      (b) No funds received by a provider pursuant to this section shall be used to supplant federal funding received for early childhood education on behalf of children in an early childhood education program.

      (c) The Commissioners of Social Services and Education shall: (1) Coordinate the development of a range of alternative programs to meet the needs of all children; (2) foster partnerships between school districts and private organizations; (3) provide information and assistance to parents in selecting an appropriate school readiness program; and (4) work to ensure, to the extent possible, that school readiness programs allow open enrollment for all children and allow families receiving benefits for such a program to choose a public or accredited private program.

      (P.A. 95-226, S. 26, 30; P.A. 96-213, S. 2, 5; P.A. 97-259, S. 5, 41.)

      History: P.A. 95-226 effective July 1, 1995; P.A. 96-213 added the definitions as Subsec. (a) and relettered existing Subsecs., transferring responsibility for the administration of the program from the State Board of Education to the Commissioner of Social Services, adding provision for the collaboration of other departments, changing the design of the program so that it was no longer a grant program for boards of education and requiring the program to be modeled after the program established pursuant to Sec. 17b-749, and adding duties of the council, effective July 1, 1996; P.A. 97-259 deleted former Subsecs. (a) and (d) re definitions and School Readiness Council and redesignated remaining subsecs., in new Subsec. (a) changed the program from a school readiness program modeled after the program established pursuant to Sec. 17b-749 to a program to provide for the purchase of child day care services and grants to providers of school readiness programs, in Subsec. (c) made the duties previously the responsibility of the School Readiness Council the responsibility of the Commissioners of Social Services and Education, and made technical changes, effective July 1, 1997.

      Sec. 17b-749b. School readiness program requirements. Section 17b-749b is repealed, effective July 1, 1997.

      (P.A. 95-226, S. 27, 30; P.A. 96-213, S. 3, 5; P.A. 97-259, S. 40, 41.)

      Sec. 17b-749c. Supplemental quality enhancement grant program. (a) The Commissioner of Social Services, in consultation with the Commissioner of Education, shall establish a program, within available appropriations, to provide, on a competitive basis, supplemental quality enhancement grants to providers of child day care services or providers of school readiness programs pursuant to section 10-16p and section 10-16u. Child day care providers and school readiness programs may apply for a supplemental quality enhancement grant at such time and on such form as the Commissioner of Social Services prescribes.

      (b) Priority for such grants shall be given to programs that are: (1) Included in a local school readiness plan; (2) full-day, year-round programs; and (3) accredited, as defined in subdivision (4) of subsection (a) of section 10-16p.

      (c) The grants shall be used to:

      (1) Help providers who are not accredited by the National Association for the Education of Young Children to obtain such accreditation;

      (2) Help directors and administrators to obtain training;

      (3) Provide comprehensive services, such as enhanced access to health care, a health consultant, a mental health consultant, nutrition, family support services, parent education, literacy and parental involvement, and community and home outreach programs; and provide information concerning access when needed to a speech and language therapist;

      (4) Purchase educational equipment;

      (5) Provide scholarships for training to obtain a credential in early childhood education or child development;

      (6) Provide training for persons who are mentor teachers, as defined in federal regulations for the Head Start program, and provide a family service coordinator or a family service worker as such positions are defined in such federal regulations;

      (7) Repair fire, health and safety problems in existing facilities and conduct minor remodeling to comply with the Americans with Disabilities Act; train child care providers on injury and illness prevention; and achieve compliance with national safety standards;

      (8) Create a supportive network with family day care homes and other providers of care for children;

      (9) Provide for educational consultation and staff development;

      (10) Provide for program quality assurance personnel;

      (11) Provide technical assistance services to enable providers to develop child care facilities pursuant to sections 17b-749g, 17b-749h and 17b-749i;

      (12) Establish a single point of entry system;

      (13) Provide services that enhance the quality of programs to maximize the health, safety and learning of children from birth to three years of age, inclusive, including, but not limited to, those children served by informal child care arrangements. Such grants may be used for the improvement of staff to child ratios and interaction, initiatives to promote staff retention, preliteracy development, parent involvement, curriculum content and lesson plans.

      (P.A. 97-259, S. 7, 41; P.A. 99-230, S. 7, 10; P.A. 00-187, S. 6, 12, 75; June Sp. Sess. P.A. 01-1, S. 16, 54; P.A. 05-245, S. 4.)

      History: P.A. 97-259 effective July 1, 1997; P.A. 99-230 added Subsec. (c)(8) to (10), inclusive, re educational consultation and staff development, program quality assurance personnel and technical assistance, effective July 1, 1999; P.A. 00-187 amended Subsec. (a) to add reference to Sec. 10-16u and added Subsec. (c)(11) re single point of entry system, effective July 1, 2000; June Sp. Sess. P.A. 01-1 amended Subsec. (c) to renumber existing Subdivs. (2) to (11) as Subdivs. (3) to (12), to add new Subdiv. (2) re training, in Subdiv. (3) to add provisions re health consultant and information on access to a speech and language specialist, and in Subdiv. (7) to add provisions re training on injury and illness prevention and achieving compliance with national safety standards, effective July 1, 2001; P.A. 05-245 amended Subsec. (c) by adding "a mental health consultant" in Subdiv. (3), by replacing language re associate certificate with language re credential in Subdiv. (5), by adding language re other providers of care in Subdiv. (8) and by adding new Subdiv. (13) re services to enhance quality of programs, effective July 1, 2005.

      Sec. 17b-749d. Child day care provider sliding fee scale. Each licensed child day care provider receiving funding directly from the Department of Social Services shall adopt a sliding fee scale based on family income. The Commissioner of Social Services shall develop a minimum sliding fee scale which may be adjusted upward by each such licensed day care program. All income derived from such fees shall be used to support the child day care program.

      (P.A. 97-259, S. 8, 41.)

      History: P.A. 97-259 effective July 1, 1997.

      Sec. 17b-749e. Regional accreditation projects. The Department of Social Services shall establish and fund five regional accreditation projects, within available appropriations. The department shall select qualified applicants for each region through a request for proposal process. The department shall give priority to child day care facilities where at least twenty per cent of the children live with families earning less than seventy-five per cent of the state median income level.

      (P.A. 97-259, S. 10, 41.)

      History: P.A. 97-259 effective July 1, 1997.

      Sec. 17b-749f. Evaluation system for licensed child day care centers. Longitudinal study. Report. (a) The Commissioner of Social Services, in consultation with the Commissioner of Education, shall develop and implement a performance-based evaluation system to evaluate licensed child day care centers, within available appropriations. Such a performance-based evaluation system shall be similar to the Head Start Performance Standards in 45 CFR 1304.

      (b) The Commissioner of Social Services shall conduct, within available appropriations, a longitudinal study that examines the developmental progress of children and their families both during and following participation in a child day care program.

      (c) The Commissioner of Social Services shall report to the General Assembly, in accordance with section 11-4a, on or before January 1, 1998, on the implementation of the performance-based evaluation system and on the longitudinal study, and annually thereafter on the cumulative results of the evaluations.

      (P.A. 97-259, S. 11, 41.)

      History: P.A. 97-259 effective July 1, 1997.

      Sec. 17b-749g. Child care facilities loan guarantee program. Regulations. (a) There is established a child care facilities loan guarantee program for the purpose of guaranteeing loans for the expansion or development of child care and child development centers in the state. The program shall contain any moneys required by law to be deposited in the program, including, but not limited to, any moneys appropriated by the state, premiums and fees for guaranteeing loans, and proceeds from the sale, disposition, lease or rental of collateral relating to loan guarantees. Any balance remaining in the program at the end of any fiscal year shall be carried forward in the program for the fiscal year next succeeding. The program shall be used to guarantee loans pursuant to subsection (b) of this section and to pay reasonable and necessary expenses incurred for administration under this section. The Commissioner of Social Services may enter into a contract with a quasi-public agency, banking institution or nonprofit corporation to provide for the administration of the program, provided no loan guarantee shall be made from the program without the authorization of the commissioner as provided in subsection (b) of this section. The total aggregate amount of guarantees from the program, with respect to the insured portions of the loan, may not exceed at any one time an amount equal to three times the balance in the guarantee program.

      (b) The state, acting by and in the discretion of the Commissioner of Social Services, may guarantee the repayment of loans, including, but not limited to, principal and interest, to a lending institution that has provided funding for the construction, reconstruction, rehabilitation or improvement of child care and child development facilities. The total aggregate of any loan guarantee under this section shall be not less than twenty per cent and shall not exceed fifty per cent of the principal amount of the obligation, as determined by approved underwriting standards approved by the commissioner, and upon such terms and conditions as the commissioner may prescribe. The term of any loan guarantee shall be determined by the useful life of the improvement but in no event shall exceed thirty years. The commissioner shall arrange by contract with each lending institution or the borrower to safeguard the interests of the program in the event of a default by the borrower, including, at the discretion of the commissioner, provision for notice to the program of default by the borrower, for foreclosure or other realization upon any security for the loan, for the time and conditions for payment to the lending institution by the program of the amount of any loss to the lending institution guaranteed by the program and for the disposition of the proceeds realized from any security for the loan guaranteed. When it appears desirable for a temporary period upon default or threatened default by the borrower, the commissioner may authorize payments of installments of principal or interest, or both, from the program to the lending institution, and of taxes and insurance, which payments shall be repaid under such conditions as the program may prescribe and the program may also agree to revise terms of financing when such appears pertinent. Upon request of the lending institution, the commissioner may at any time, under such equitable terms and conditions as it may prescribe, consent to the release of the borrower from his liability under the loan or consent to the release of parts of any secured property from the lien of the lending institution.

      (c) Priority for loan guarantees shall be given to financing child care centers and child development centers that (1) have obtained accreditation from the National Association for the Education of Young Children or have an application pending for such accreditation, and (2) are included in a local school readiness plan, and (3) shall promote the colocation of programs endorsed by the Commissioners of Education and Social Services pursuant to section 4b-31. School readiness programs, licensed child care providers or nonprofit developers of a child care center operating under a legally enforceable agreement with child care providers are eligible for such guaranteed loans.

      (d) The Commissioner of Social Services may adopt regulations, in accordance with the provisions of chapter 54, to establish procedures and qualifications for application for guarantees under this section.

      (P.A. 97-259, S. 14, 41.)

      History: P.A. 97-259 effective July 1, 1997.

      Sec. 17b-749h. Child care facilities direct revolving loan program. Regulations. (a) There is established a program to be known as the "child care facilities direct revolving loan program". The program shall contain any moneys required by law to be deposited in the program, including, but not limited to, any moneys appropriated by the state, premiums, fees, interest payments and principal payments on direct loans and proceeds from the sale, disposition, lease or rental of collateral relating to direct loans. Any balance remaining in the program at the end of any fiscal year shall be carried forward in the program for the next succeeding fiscal year. The program shall be used to make loans pursuant to subsection (b) of this section, to make loan guarantees and to pay reasonable and necessary expenses incurred in administering loans and loan guarantees under this section. The Commissioner of Social Services may enter into a contract with a quasi-public agency, banking institution or nonprofit corporation to provide for the administration of the loan program, provided no loan or loan guarantee shall be made from the fund without the authorization of the commissioner as provided in subsection (b) of this section.

      (b) The state, acting by and in the discretion of the Commissioner of Social Services, may enter into a contract to provide financial assistance in the form of interest-free loans, deferred loans or guaranteed loans to child care providers or to nonprofit developers of a child care facility operating under a legally enforceable agreement with a child care provider, for costs or expenses incurred and directly connected with the expansion, improvement or development of child care facilities. Such costs and expenses may include: (1) Advances of loan proceeds for direct loans; (2) expenses incurred in project planning and design, including architectural expenses; (3) legal and financial expenses; (4) expenses incurred in obtaining required permits and approvals; (5) options to purchase land; (6) expenses incurred in obtaining required insurance; (7) expenses incurred in meeting state and local child care standards; (8) minor renovations and upgrading child care facilities to meet such standards and loans for the purpose of obtaining licensure under section 19a-77; (9) purchase and installation of equipment, machinery and furniture, including equipment needed to accommodate children with special needs; and (10) other preliminary expenses authorized by the commissioner. Loan proceeds shall not be used for the refinancing of existing loans, working capital, supplies or inventory.

      (c) The amount of a direct loan under this section may be up to eighty per cent of the total amount of investment but shall not exceed twenty-five thousand dollars for such facility as determined by the commissioner except that if an applicant for a loan under this section has an existing loan that is guaranteed by the child care facilities loan guarantee program, established under section 17b-749g, the direct loan provided under this section shall not exceed twenty per cent of the investment. The amount of any guarantee and a direct loan under this section shall not exceed eighty per cent.

      (d) Each provider applying for a loan under this section shall submit an application, on a form provided by the commissioner that shall include, but is not limited to, the following information: (1) A detailed description of the proposed or existing child care facility; (2) an itemization of known and estimated costs; (3) the total amount of investment required to expand or develop the child care facility; (4) the funds available to the applicant without financial assistance from the department; (5) the amount of financial assistance sought from the department; (6) information relating to the financial status of the applicant, including, if available, a current balance sheet, a profit and loss statement and credit references; and (7) evidence that the loan applicant shall, as of the loan closing, own, have an option to purchase or have a lease for the term of the loan. Security for the loan may include an assignment of the lease or other subordination of any mortgage and the borrower shall be in default if the loan is not used for the intended purpose.

      (e) Payments of principal and interest on such loans shall be paid to the State Treasurer for deposit in the child care facilities direct revolving loan program established in subsection (a) of this section.

      (f) The Commissioner of Social Services may adopt regulations, in accordance with chapter 54, to carry out the provisions of this section. Such regulations may clarify loan procedures, repayment terms, security requirements, default and remedy provisions, and such other terms and conditions as said commissioner shall deem appropriate.

      (P.A. 97-259, S. 16, 41; P.A. 99-230, S. 8, 10.)

      History: P.A. 97-259 effective July 1, 1997; P.A. 99-230 amended Subsec. (c) to increase the cap from $10,000 to $25,000, effective July 1, 1999.

      Sec. 17b-749i. Facilities operating child care programs financed through the Connecticut Health and Educational Facilities Authority. Within appropriations available to the State Treasurer for child care facilities, not already allocated toward debt service for specific child care facilities, the Commissioner of Social Services may, upon submission of a request by a facility operating a child care program that is financed with tax-exempt or taxable bonds issued through the Connecticut Health and Educational Facilities Authority, allow actual debt service, comprised of principal, interest and premium, if any, on the loan or loans, a debt service reserve fund and a reasonable repair and replacement reserve to be paid, provided such debt service terms and amounts are determined by the commissioner, at the time the loan is entered into, to be reasonable in relation to the useful life and base value of the property.

      (P.A. 97-259, S. 29, 41; June Sp. Sess. P.A. 99-1, S. 15, 51.)

      History: P.A. 97-259 effective July 1, 1997; June Sp. Sess. P.A. 99-1 added provision that payments are to be made within available appropriations to the Treasurer for child care facilities, not already allocated toward debt service for specific child care facilities, effective July 1, 1999.

      Sec. 17b-749j. Health and safety standards for child care subsidy program; regulations. The Commissioner of Social Services shall establish health and safety standards, within available appropriations, for the child care subsidy program. The commissioner shall adopt regulations, in accordance with chapter 54, which shall include, but not be limited to, the following: (1) A requirement for the provider or relative to apply for reimbursement from the Department of Social Services; (2) a requirement for the provider or relative to provide reasonable confirmation of physical premises safety pursuant to 45 CFR Part 98.41; and (3) minimum health and safety training appropriate to the provider setting and the prevention and control of infectious diseases, including immunization. The commissioner shall, within available appropriations, distribute information on the availability of health and safety training and assistance.

      (P.A. 97-259, S. 30, 41.)

      History: P.A. 97-259 effective July 1, 1997.

      Sec. 17b-749k. Criminal history records checks and child abuse registry checks for purposes of child care subsidy program. Refusal to provide payments. (a) The Commissioner of Social Services shall, within available appropriations, require any person, other than a relative, providing child care services to a child in the child's home who receives a child care subsidy from the Department of Social Services to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a. The commissioner shall also request a check of the state child abuse registry established pursuant to section 17a-101k.

      (b) The Commissioner of Social Services shall have the discretion to refuse payments for child care under any financial assistance program administered by him if the person providing such child care has been convicted in this state or any other state of a felony, as defined in section 53a-25, involving the use, attempted use or threatened use of physical force against another person, of cruelty to persons under section 53-20, injury or risk of injury to or impairing morals of children under section 53-21, abandonment of children under the age of six years under section 53-23 or any felony where the victim of the felony is a child under eighteen years of age, or of a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record or was the subject of a substantiated report of child abuse in this state or any other state that the commissioner reasonably believes renders the person unsuitable to provide child care.

      (P.A. 97-259, S. 38, 41; P.A. 01-175, S. 11, 32; P.A. 03-243, S. 9; P.A. 05-207, S. 7.)

      History: P.A. 97-259 effective July 1, 1997; P.A. 01-175 amended Subsec. (a) by replacing language re criminal records checks as a permissive request with language re mandatory state and national criminal history records checks pursuant to Sec. 29-17a, deleting language re fee and making technical changes, effective July 1, 2001; P.A. 03-243 amended Subsec. (a) by adding "for perpetrator information"; P.A. 05-207 amended Subsec. (a) to delete requirement that commissioner check state child abuse registry for perpetrator information.

      Sec. 17b-749l. Child care subsidy program. Notice of program changes and intake closure. The Department of Social Services shall provide timely public notice if, for any reason, the child care subsidy program closes intake. The department shall notify the public if the program eligibility or status has been altered. Any change in eligibility or program terms, except opening of the program or expansion in eligibility, shall be effective not less than thirty days after public notice of such change.

      (P.A. 10-133, S. 3.)

      History: P.A. 10-133 effective June 8, 2010.

      See Sec. 4-165c re immunity of the state and its officials, employees and agents.

      Sec. 17b-750. National criminal history records checks of unlicensed child care providers. No child care subsidy shall be paid to an unlicensed child care provider if such provider has been convicted of any crime involving sexual assault of a minor or serious physical injury to a minor or any crime committed in any other state or jurisdiction the essential elements of which are substantially the same as such crimes. If the commissioner has reason to believe that a provider of child care services has been so convicted, the commissioner may demand that such provider be subject to state and national criminal history records checks. If criminal history records checks are required pursuant to this section, such checks shall be conducted in accordance with section 29-17a.

      (P.A. 96-262, S. 10, 11; P.A. 01-175, S. 12, 32.)

      History: P.A. 96-262 effective July 1, 1996; P.A. 01-175 made technical changes for the purposes of gender neutrality, replaced provisions re criminal history records checks, fingerprinting and fee with provisions re state and national criminal history records checks pursuant to Sec. 29-17a, effective July 1, 2001.

      Sec. 17b-751. (Formerly Sec. 17a-50). Children's Trust Fund established. Regulations. Children's Trust Fund Council. Report. (a) There is established a Children's Trust Fund, the resources of which shall be used by the council established pursuant to subsection (b) of this section and the Commissioner of Social Services with the advice of the Children's Trust Fund Council to fund programs aimed at preventing child abuse and neglect and family resource programs. Said fund is intended to be in addition to those resources that would otherwise be appropriated by the state for programs aimed at preventing child abuse and neglect and family resource programs. The Children's Trust Fund Council and the commissioner may apply for and accept any federal funds which are available for a Children's Trust Fund and shall administer such funds in the manner required by federal law. The fund shall receive money from grants and gifts made pursuant to section 17a-18. The Children's Trust Fund Council and the commissioner may solicit and accept funds, on behalf of the Children's Trust Fund, to be used for the prevention of child abuse and neglect and family resource programs. The Commissioner of Social Services, with the advice of the Children's Trust Fund Council, shall adopt regulations, in accordance with the provisions of chapter 54, to administer the fund and to set eligibility requirements for programs seeking funding. Youth service bureaus may receive funds from the Children's Trust Fund.

      (b) There shall be established, within existing resources, a Children's Trust Fund Council which shall be within the Department of Social Services. The council shall be composed of sixteen members as follows: (1) The Commissioners of Social Services, Education, Children and Families and Public Health, or their designees; (2) a representative of the business community with experience in fund-raising, appointed by the president pro tempore of the Senate; (3) a representative of the business community with experience in fund-raising, appointed by the speaker of the House of Representatives; (4) a representative of the business community with experience in fund-raising, appointed by the minority leader of the House of Representatives; (5) a representative of the business community with experience in fund-raising, appointed by the minority leader of the Senate; (6) a parent, appointed by the majority leader of the House of Representatives; (7) a parent, appointed by the majority leader of the Senate; (8) a parent, appointed by the president pro tempore of the Senate; (9) a person with expertise in child abuse prevention, appointed by the speaker of the House of Representatives; (10) a person with expertise in child abuse prevention, appointed by the minority leader of the House of Representatives; (11) a staff member of a child abuse prevention program, appointed by the minority leader of the Senate; (12) a staff member of a child abuse prevention program, appointed by the majority leader of the House of Representatives; and (13) a pediatrician, appointed by the majority leader of the Senate. The council shall solicit and accept funds, on behalf of the Children's Trust Fund, to be used for the prevention of child abuse and neglect and family resource programs, and shall make grants to programs pursuant to subsection (a) of this section.

      (c) On or before July 1, 2010, and annually thereafter, the Children's Trust Fund Council and the commissioner shall report, in accordance with the provisions of section 11-4a, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to human services, public health and education concerning the source and amount of funds received by the Children's Trust Fund, and the manner in which such funds were administered and disbursed.

      (June Sp. Sess. P.A. 83-20, S. 2, 4; P.A. 85-582, S. 1, 8; P.A. 89-336, S. 2, 6; P.A. 93-91, S. 1, 2; P.A. 97-237, S. 1, 3; June Sp. Sess. P.A. 01-2, S. 39, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 03-19, S. 35; P.A. 04-258, S. 25; P.A. 05-288, S. 68; Sept. Sp. Sess. P.A. 09-5, S. 21; P.A. 10-111, S. 24.)

      History: P.A. 85-582 transferred authority of children and youth services department to council, deleted reference to grants and gifts made pursuant to Sec. 17-422, substituting references to grants and gifts received pursuant to Sec. 17-501 and to proceeds of copyrights pursuant to Sec. 17-502 and added authority to expend resources for purposes other than the prevention of child abuse; Sec. 17-446a transferred to Sec. 17-500 in 1987; P.A. 89-336 amended Subsec. (a) to require that the resources of the trust fund be used by the department of children and youth services with the advice of the council and to allow the commissioner of children and youth services to apply for and accept federal funds, added a new Subsec. (b) re the children's trust fund council and added a new Subsec. (c) re the report to the general assembly; Sec. 17-500 transferred to Sec. 17a-50 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 97-237 amended Subsec. (a) by replacing references to Department and Commission of Children and Families with Children's Trust Fund Council, authorizing council to also fund family resource programs and programs preventing neglect and making technical changes, amended Subsec. (b) by placing the council within the Department of Children and Families for administrative purposes and by increasing the membership in the council from 9 to 16 and amended Subsec. (c) to require report to be submitted to the legislative committees on public health and education, effective July 1, 1997; June Sp. Sess. P.A. 01-2 amended Subsec. (a) to allow the Parent Trust Fund to receive funds directed to it through the Children's Trust Fund, amended Subsec. (b) to require council to solicit and accept funds on behalf of the Parent Trust Fund to be used for parent community involvement to improve the health, safety and education of children, added new Subsec. (c) establishing a Parent Trust Fund and redesignated existing Subsec. (c) as Subsec. (d), adding a reference to the Parent Trust Fund therein; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section; P.A. 03-19 made technical changes in Subsec. (a), effective May 12, 2003; P.A. 04-258 amended Subsec. (b) by permitting the council to employ an executive director and any necessary staff within available appropriations, effective July 1, 2004; P.A. 05-288 made a technical change in Subsec. (b)(1), effective July 13, 2005; Sept. Sp. Sess. P.A. 09-5 amended Subsec. (a) to add provisions re responsibility for Children's Trust Fund to be with Commissioner of Social Services with advice of Children's Trust Fund Council and add requirements re use of fund, amended Subsec. (b) to replace provision re council exists within Department of Children and Families for administrative purposes with provision re council exists within Department of Social Services and remove provision allowing council to employ executive director and staff, and amended Subsec. (d) to change reporting date from July 1, 1997, to July 1, 2010, add provision requiring commissioner to issue report, add Governor as report recipient and make a technical change, effective October 5, 2009; Sec. 17a-50 transferred to Sec. 17b-751 in 2010; P.A. 10-111 deleted former Subsec. (c) and related provisions re Parent Trust Fund and redesignated existing Subsec. (d) as Subsec. (c), effective May 26, 2010.

      Sec. 17b-751a. (Formerly Sec. 17a-50a). Eligibility for grants under the Kinship Fund and Grandparents and Relative Respite Fund. A grandparent or other relative caregiver who is appointed a guardian of a child or children through the Superior Court and who is not a recipient of subsidized guardianship subsidies under section 17a-126 or foster care payments from the Department of Children and Families shall, within available appropriations, be eligible to apply for grants under the Kinship Fund and Grandparents and Relatives Respite Fund administered by the Children's Trust Fund Council and the Department of Social Services through the Probate Court.

      (P.A. 08-97, S. 1; Sept. Sp. Sess. P.A. 09-5, S. 22.)

      History: P.A. 08-97 effective July 1, 2008; Sept. Sp. Sess. P.A. 09-5 added Department of Social Services as funds administrator, effective October 5, 2009; Sec. 17a-50a transferred to Sec. 17b-751a in 2010.

      Sec. 17b-751b. (Formerly Sec. 17a-56). Nurturing Families Network. (a) The Children's Trust Fund Council shall establish the structure for a state-wide system for a Nurturing Families Network, which demonstrates the benefits of preventive services by significantly reducing the abuse and neglect of infants and by enhancing parent-child relationships through hospital-based assessment with home outreach follow-up on infants and their families within families identified as high risk.

      (b) The Children's Trust Fund Council shall: (1) Develop the comprehensive risk assessment to be used by the Nurturing Families Network's providers; (2) develop the training program, standards, and protocols for the pilot programs; and (3) develop, issue and evaluate requests for proposals to procure the services required by this section. In evaluating the proposals, the Children's Trust Fund Council shall take into consideration the most effective and consistent service delivery system allowing for the continuation of current public and private programs.

      (c) The Children's Trust Fund Council shall establish a data system to enable the programs to document the following information in a standard manner: (1) The level of screening and assessment; (2) profiles of risk and family demographics; (3) the incidence of child abuse and neglect; (4) rates of child development; and (5) any other information the Children's Trust Fund Council deems appropriate.

      (d) The Children's Trust Fund Council shall report to the General Assembly, in accordance with the provisions of section 11-4a, on the establishment, implementation and progress of the Nurturing Families Network, on January first and July first, of each year.

      (P.A. 95-238, S. 1; P.A. 97-288, S. 2, 6; P.A. 05-246, S. 10; Sept. Sp. Sess. P.A. 09-5, S. 25.)

      History: P.A. 97-288 amended Subsec. (b) by adding provision requiring the commissioner to establish three additional pilot sites, effective July 1, 1997; P.A. 05-246 replaced Commissioner of Children and Families with Children's Trust Fund Council and Healthy Families Connecticut program with Nurturing Families Network and made conforming and technical changes throughout, effective July 8, 2005; Sept. Sp. Sess. P.A. 09-5 amended Subsec. (a) to replace "is intended to demonstrate" with "demonstrates", deleted former Subsecs. (b) and (c) re pilot programs, redesignated existing Subsecs. (d) to (f) as Subsecs. (b) to (d) and amended redesignated Subsec. (b) to replace "pilot programs" with "Nurturing Families Network's providers", effective October 5, 2009; Sec. 17a-56 transferred to Sec. 17b-751b in 2010.

      See Sec. 17b-277a re program to inform Healthy Start applicants of Nurturing Families Network services.

      Annotation to former Sec. 17a-56:

      Cited. 44 CS 551. P.A. 95-238 cited. Id.

      Sec. 17b-751c. (Formerly Sec. 17a-56a). Nurturing Families Network Advisory Commission. (a) There is established a Nurturing Families Network Advisory Commission to monitor the state-wide system for the Nurturing Families Network developed pursuant to section 17b-751b. The commission shall consist of: (1) One member appointed by the speaker of the House of Representatives and one member appointed by the president pro tempore of the Senate, who shall be members of the General Assembly; (2) one member appointed by the minority leader of the House of Representatives and one member appointed by the minority leader of the Senate, who shall be members of the General Assembly; (3) a representative of the Governor; (4) the Commissioner of Children and Families, or his designee; (5) the Commissioner of Social Services, or his designee; (6) the Commissioner of Public Health, or his designee; (7) the Commissioner of Education, or his designee; (8) the Secretary of the Office of Policy and Management, or his designee; (9) the executive director of the Commission on Children, or his designee; (10) a representative of the Child Advocate's Office, who shall be appointed by the minority leader of the House of Representatives; and (11) a representative of the Connecticut Chapter of the National Committee to Prevent Child Abuse who shall be appointed by the majority leader of the Senate.

      (b) The commission shall be responsible for: (1) Ensuring implementation of the Nurturing Families Network on a state-wide basis; (2) monitoring cooperative, coordinated approaches of state and private agencies involved in the Nurturing Families Network and expanding such approaches to incorporate other, similar activities; (3) studying state and privately funded home visitation programs as an initial step in establishing a cost-effective, collaborative and comprehensive Nurturing Families Network system; (4) monitoring the effects of welfare reform on the factors associated with the risk of child abuse; and (5) building a network of public and private state, regional and local organizations for the purpose of collaborating to strengthen and support families with newborns and children up to the age of five.

      (P.A. 97-288, S. 1, 6; P.A. 05-246, S. 15; Sept. Sp. Sess. P.A. 09-5, S. 26.)

      History: P.A. 97-288 effective July 1, 1997; P.A. 05-246 changed name from Healthy Families Advisory Commission to Nurturing Families Network Advisory Commission and made conforming changes, effective July 8, 2005; Sept. Sp. Sess. P.A. 09-5 amended Subsec. (b) to delete former Subdiv. (1) re reviewing pilot program sites, advising on outcomes and recommending program modifications, redesignate existing Subdivs. (2) to (6) as Subdivs. (1) to (5) and, in redesignated Subdiv. (1), replace "preparing plans to implement" with "Ensuring implementation of", effective October 5, 2009; Sec. 17a-56a transferred to Sec. 17b-751c in 2010.

      Sec. 17b-751d. Department of Social Services designated as state agency responsible for programs and activities to prevent child abuse and neglect. Report. (a) The Department of Social Services shall be the lead state agency for community-based, prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect, in collaboration with the Children's Trust Fund Council, established pursuant to section 17b-751. The responsibilities of the department shall include, but not be limited to, collaborating with state agencies, hospitals, clinics, schools and community service organizations, with the guidance of the Children's Trust Fund Council, established pursuant to section 17b-751, to: (1) Initiate programs to support families at risk for child abuse or neglect; (2) assist organizations to recognize child abuse and neglect; (3) encourage community safety; (4) increase broad-based efforts to prevent child abuse and neglect; (5) create a network of agencies to advance child abuse and neglect prevention; and (6) increase public awareness of child abuse and neglect issues. The department, with the guidance of the Children's Trust Fund Council and subject to available state, federal and private funding, shall be responsible for implementing and maintaining programs and services, including, but not limited to: (A) The Nurturing Families Network, established pursuant to subsection (a) of section 17b-751b; (B) Family Empowerment Initiative programs; (C) Help Me Grow; (D) the Kinship Fund and Grandparent's Respite Fund; (E) Family School Connection; (F) support services for residents of a respite group home for girls; (G) legal services on behalf of indigent children; (H) volunteer services; (I) family development training; (J) shaken baby syndrome prevention; and (K) child sexual abuse prevention.

      (b) Not later than sixty days after October 5, 2009, the Commissioner of Social Services shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly, having cognizance of matters relating to human services and appropriations and the budgets of state agencies on the integration of the duties described in subsection (a) of this section into the department.

      (Sept. Sp. Sess. P.A. 09-5, S. 27.)

      History: Sept. Sp. Sess. P.A. 09-5 effective October 5, 2009.

      Sec. 17b-751e. Continuance of Children's Trust Fund Council's orders, regulations and contracts. Any order, regulation or contract of the Children's Trust Fund Council agency that is in force on September 1, 2009, shall continue in force and effect as an order, regulation or contract of the Department of Social Services until amended, repealed or superseded pursuant to law.

      (Sept. Sp. Sess. P.A. 09-5, S. 28.)

      History: Sept. Sp. Sess. P.A. 09-5 effective October 5, 2009.

      Secs. 17b-752 to 17b-789. Reserved for future use.

      Note: Chapter 319ss is also reserved for future use.