§ 17a-118 — (Formerly Sec. 17-44c). Review and change in subsidy. Adoption assistance agreement and subsidy payment.

Connecticut § 17a-118

• Jurisdiction: Connecticut
• Title 17a: Social and Human Services and Resources
• Ch. 319a: Child Welfare

Text

(a) There shall be a biennial review of the subsidy for a child under eighteen years of age and an annual review for a child who is at least eighteen years of age but less than twenty-one years of age. Such reviews shall be conducted by the Commissioner of Children and Families. The adoptive parents shall, at the time of such review, submit a sworn statement that the condition which caused the child to be certified as a special needs child or a related condition continues to exist or has reoccurred and that the adoptive parent or parents are still legally responsible for the support of the child and that the child is receiving support from the adoptive family. A child who is at least eighteen years of age but less than twenty-one years of age shall continue to receive an adoption subsidy, pursuant to section 17a-117, provided his or her adoptive parent submits, at the time of the review, a sworn statement that the child is (1) enrolled in a full-time approved secondary education program or an approved program leading to an equivalent credential; (2) enrolled full time in an institution that provides postsecondary or vocational education; or (3) participating full time in a program or activity approved by the commissioner that is designed to promote or remove barriers to employment. The commissioner, in his or her discretion, may waive the provision of full-time enrollment or participation based on compelling circumstances. The commissioner, or the commissioner's designee, may require that the adoptive parent or parents submit any additional documentation that the commissioner or designee deems necessary to complete such review. If the subsidy is to be terminated or reduced by the commissioner, notice of such proposed reduction or termination shall be given, in writing, to the adoptive parents and such adoptive parents shall, at least thirty days prior to the imposition of said reduction or termination, be provided a hearing by the department in accordance with the provisions of chapter 54. If such an appeal is taken, the subsidy shall continue without modification until the final decision of the department. (b) A child who is a resident of the state of Connecticut when eligibility for subsidy is certified, shall remain eligible and continue to receive the subsidy regardless of the domicile or residence of the adoptive parents at the time of application for adoption, placement, legal decree of adoption or thereafter. If the Department of Children and Families is responsible for such child's placement and care, the department shall be responsible for entering into an adoption assistance agreement and paying any subsidy granted under the provisions of sections 17a-116 to 17a-120 , inclusive. If a licensed child placing agency, other than the Department of Children and Families, or any public agency in another state is responsible for such child's placement and care, the adoption assistance application shall be made in the adoptive parents' state of residence and such state shall be responsible for determining that such child meets Title IV-E adoption assistance criteria and for providing adoption assistance permitted under federal law.

Legislative History

(1972, P.A. 86, S. 3; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-631, S. 67, 111; P.A. 80-483, S. 72, 186; P.A. 86-330, S. 4, 9; P.A. 88-94, S. 2, 3; P.A. 93-91, S. 1, 2; P.A. 00-4, S. 2; P.A. 03-243, S. 3; P.A. 14-217, S. 236; P.A. 15-199, S. 8; P.A. 17-81, S. 3.) History: 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; P.A. 79-631 and 80-483 replaced human resources commissioner with commissioner of children and youth services; P.A. 86-330 amended Subsec. (a) to require the adoptive parents to submit an annual sworn statement that the child continues to be a dependent and a special needs child, to change, from 10 to 30, the number of days in which the adoptive parents are to be given a hearing, to require that the hearing be before the adoption subsidy review board and to require that the subsidy be continued until the final determination of the board, and added a Subsec. (b) which permits a child who is a resident of this state, when eligibility for the subsidy is certified to remain eligible and continue to receive it regardless of the domicile or residence of the adoptive parents, effective April 1, 1987; P.A. 88-94 deleted criteria relating to Internal Revenue Code and replaced it with whether the adoptive parent or parents are still legally responsible for the support of the child and the child is receiving support from the adoptive family; Sec. 17-44c transferred to Sec. 17a-118 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. 00-4 amended Subsec. (a) to require a biennial rather than annual review of the subsidy by the commissioner in accordance with a schedule established by the commissioner or the commissioner's designee and to require adoptive parents to submit a sworn statement at the time of such review rather than annually; P.A. 03-243 amended Subsec. (b) to make Department of Children and Families responsible for adoption assistance agreement and payment of subsidy granted under Secs. 17a-116 to 17a-120, inclusive, specify that adoption assistance application be made in adoptive parents' state of residence, and make such state responsible for Title IV-E adoption assistance criteria and for provision of federally permitted adoption assistance; P.A. 14-217 amended Subsec. (a) by establishing annual subsidy review for children between 18 and 21 years of age, deleting provision re conducting reviews in accordance with schedule established by commissioner or commissioner's designee, adding provisions re conditions for continuation of adoption subsidy at time of review, and making a technical change, effective June 13, 2014; P.A. 15-199 amended Subsec. (a) by replacing “Adoption Subsidy Review Board” with “Subsidy Review Board”, effective July 1, 2015; P.A. 17-81 amended Subsec. (a) by adding provision re commissioner may require additional documentation to complete review, replacing “given” with “provided” re hearing, replacing references to Subsidy Review Board with references to department, and adding reference to provisions of Ch. 54, effective July 1, 2017.