Conn. Agencies Regs. § 17a-126-3

Current through October 16, 2024

Section 17a-126-3 - Request for subsidy

(a) A relative caregiver may request a guardianship subsidy from the Department for a child in the care or custody of the commissioner for not less than eighteen (18) months. A relative caregiver shall initiate a request for a guardianship subsidy by applying to the child's department caseworker. The initiation of a request for guardianship subsidy may not be made before the child has been in the care or custody of the commissioner for at least seventeen (17) months. The caseworker shall provide the relative caregiver with the application form prescribed by the department and shall assist the relative caregiver in the completion of such form and application within thirty (30) days of such request.

(b) The commissioner, or designee may classify a child and the child's relative caregiver as qualified for the subsidized guardianship program if it is determined that such child is in the care or custody of the commissioner, is living with the relative caregiver and has been in foster care or certified relative care for not less than eighteen (18) months, the relative caregiver is the proposed guardian for the child and reunification with the parent is not a viable option within the foreseeable future because of one or more conditions including, but not limited to:

(1) Death of the parent;

(2) Abandonment of the child by the parent;

(3) Physical disability of the parent;

(4) Mental disability of the parent;

(5) Serious emotional maladjustment of the parent;

(6) Failure of the parent to achieve rehabilitation adequate to provide for the child;

(7) Age of the child when considered with other factors in the child's functioning and circumstances that present a barrier to reunification.

(c) The department shall determine through an assessment period not less than twelve (12) nor more than eighteen (18) months from the time the child was placed with the relative caregiver, who is requesting the subsidy, that the relative caregiver is capable of providing for the care of the child's physical, mental, emotional, educational and medical needs without the continued provision of services by or through the department except for the subsidies provided for in section 17a-126-5 of the regulations of Connecticut State Agencies.

(d) The assessment conducted by the department shall assure that the relative caregiver meets the requirements for relative certification set forth in sections 17a-114-14, 17a-114-15 and 17a-114-17 and sections 17a-114-19 through 17a-114-25, inclusive, of the regulations of Connecticut State Agencies. In addition to the requirements of the regulations, the assessment shall include the following components:

(1) The health of persons living in the relative caregiver's home shall not present a hazard to the child. Prior to moving or petitioning for the transfer of guardianship the relative caregiver shall supply to the department a statement from a physician on such forms as approved by the commissioner that within the previous twelve (12) months:

(A) each person living in the home has had a physical examination and has been found to be in good health or that specified members of the family are receiving all necessary continuing medical care and are free of communicable disease;

(B) the relative caregiver has been determined to be physically and mentally able to provide care to the child; and

(C) all persons over the age of eighteen have a negative drug screen performed by an entity approved by the department at the expense of the department.

(2) When all adults in a relative caregiver home are employed or otherwise occupied in a substantial amount of time away from the home, the care and supervision of the child shall be provided by a competent individual and approved in advance by the commissioner, or his designee.

(3) The relative caregiver shall be physically, intellectually and emotionally capable of providing care, guidance and supervision of the child including:

(A) insuring routine medical care, scheduling and transportation;

(B) obtaining and following instructions from the child's medical provider if medication or treatment are to be administered by the relative caregiver. Any medications provided shall be clearly labeled and kept out of the reach of the child;

(C) establishing plans to respond to illness and emergencies, including serious injuries and the ingestion of poison, with appropriate first aid supplies available in the home out of reach of the child;

(D) maintaining all documentation as required by the department;

(E) providing for the child's physical needs including adequate hygiene, nutritional meals and snacks prepared in a safe and sanitary manner, readily available drinking water, a balanced schedule of rest, active play, indoor and outdoor activity appropriate to the age of the child in care;

(F) promoting the social, intellectual, emotional, and physical development of the child by providing activities that meet these needs or special needs if such exist;

(G) assuring adequate opportunity for cultural, and educational activities in the family and in the community. A child who does not share the same language, as the relative caregiver shall be provided with opportunities to communicate in the child's language;

(H) assuring an environment of tolerance and sensitivity to a child's religion through providing adequate opportunity for religious training and participation appropriate to the child's religious denomination, and not requiring any child to participate in religious practices contrary to the child's beliefs;

(I) providing emotional support and an environment that meets the child's needs;

(J) assuring the child's participation in an approved education program, including regular school attendance. The relative caregiver shall cooperate with the proper authorities in relation to the child's educational needs;

(K) guiding the child in the acquisition of daily living skills including the assigning of daily chores to the child on the basis of the child's abilities and developmental level; and

(L) providing infants and toddlers with ample opportunity for freedom of movement each day outside of a crib or playpen, infants are to be held for all bottle feedings, as well as at other times, for attention and verbal communication.

(4)

(A) Before moving or petitioning for the transfer of guardianship from the department to a relative caregiver, the department shall secure and evaluate information necessary to determine if a transfer of guardianship is in the child's best interest.

(B) If it is known that the child or the child's family has received social services from an individual or child placing agency or a state agency, such individual or child placing agency or state agency shall be consulted, if possible, prior to the moving or petitioning for the transfer of guardianship.

(C) All factors relevant to the child's adjustment in the home and in the community for the present and the long term shall be considered.

(D) All relevant information concerning the child's developmental, medical, social, emotional and environmental history, which may be legally disclosed, shall be shared by the department with the relative caregiver prior to the placement of the child in the home.

(5) The child shall be interviewed and the opinion of the child regarding the proposed transfer of guardianship shall be taken into consideration. In the case of a non-verbal child the interaction and relationship between the child and the relative caregiver shall be observed and taken into consideration before moving or petitioning for the transfer of guardianship from the department to the relative caregiver.

(e)

(1) The granting of approval as a subsidized guardian shall be denied if any member of the household of the relative caregiver:

(A) has been convicted of injury or risk of injury to a minor or other similar offenses against a minor;

(B) has been convicted of impairing the morals of a minor or other similar offenses against a minor;

(C) has been convicted of violent crime against a person or other similar offenses;

(D) has been convicted of the possession, use, or sale of controlled substances within the past five (5) years;

(E) has been convicted of illegal use of a firearm or other similar offenses;

(F) has ever had an allegation of child abuse or neglect substantiated;

(G) has had a minor removed from their care because of child abuse or neglect; or

(H) has failed a drug screen required by subparagraph (C) of subdivision (1) of subsection (d) of section 17a-126-3 of the regulations of Connecticut State Agencies.

(2) The granting of approval as a subsidized guardian may be denied if any member of the household of the relative caregiver:

(A) is awaiting trial, or is on trial, for charges as described in subparagraphs (A) through (E) of subdivision (1) of this subsection;

(B) has a criminal record that the department believes makes the home unsuitable;

(C) has a current child abuse or neglect allegation pending; or

(D) knowingly arranges for the substitute care of a child by a person described in subdivision (1) or (2) of this subsection.

(f) A waiver from specific requirements of regulations may be granted by the commissioner, provided no such waiver shall be issued for any statutory provision. The waiver shall be reviewed by the commissioner prior to moving or petitioning for the transfer of guardianship. A waiver shall only be granted if the relative caregiver is in substantial compliance with the intent of the relevant regulations being waived or that the intent of the specific requirement to be waived will be satisfactorily achieved in a manner other than that prescribed by the requirement. A waiver shall specify the particular requirements to be waived, the duration of the waiver and the terms under which the waiver is granted. If the relative caregiver fails to comply with the waiver in any way the transfer of guardianship shall be subject to revocation by the court.

Conn. Agencies Regs. § 17a-126-3

Adopted effective September 1, 1998; Amended May 30, 2002