Section 17a-126 - Subsidized guardianship program(a) As used in this section, (1) "caregiver" means (A) a fictive kin caregiver, as defined in section 17a-114, who is licensed or approved to provide foster care, and who is caring for a child,(B) a relative caregiver, which means a person who is twenty-one years of age or older, related to a child by birth, adoption or marriage and is licensed or approved to provide foster care, or (C) a person who is a licensed or approved foster care provider pursuant to section 17a-114 and is caring for a child because the parent of the child has died or become otherwise unable to care for the child for reasons that make reunification with the parent and adoption not viable options within the foreseeable future, and (2) "commissioner" means the Commissioner of Children and Families.(b) The commissioner shall establish a program of subsidized guardianship for the benefit of children who have been in foster care for not less than six consecutive months, for whom neither reunification with a parent nor adoption is an appropriate permanency option, and who have been living with a caregiver. A caregiver may request a guardianship subsidy from the commissioner.(c) If a caregiver who is receiving a guardianship subsidy for a child is also caring for the child's sibling, the commissioner shall provide a guardianship subsidy to such caregiver in accordance with regulations adopted by the commissioner pursuant to subsection (e) of this section. For purposes of this subsection, "child's sibling" includes a stepbrother, stepsister, a half-brother or a half-sister.(d) The commissioner shall provide the following subsidies under the subsidized guardianship program in accordance with this section and the regulations adopted pursuant to subsection (e) of this section: (1) A special-need subsidy, which shall be a lump sum payment for one-time expenses resulting from the assumption of care of the child and shall not exceed two thousand dollars; and (2) a medical subsidy comparable to the medical subsidy to children in the subsidized adoption program. The subsidized guardianship program shall also provide a monthly subsidy on behalf of the child payable to the caregiver that is based on the circumstances of the caregiver and the needs of the child and shall not exceed the foster care maintenance payment that would have been paid on behalf of the child if the child had remained in licensed foster care.(e) The commissioner shall adopt regulations, in accordance with chapter 54, implementing the subsidized guardianship program established under this section. Such regulations shall include all federal requirements necessary to maximize federal reimbursement available to the state, including, but not limited to, (1) eligibility for the program, (2) the maximum age at which a child is no longer eligible for a guardianship subsidy, including the maximum age, for purposes of claiming federal reimbursement under Title IV-E of the Social Security Act, at which a child is no longer eligible for a guardianship subsidy, and (3) a procedure for determining the types and amounts of the subsidies.(f)(1) A guardianship subsidy provided pursuant to this section shall continue, subject to the commissioner's annual review, until the child reaches the age of eighteen. A guardianship subsidy provided pursuant to this section may continue, subject to the commissioner's annual review, through the child's twenty-first birthday, provided the child is (A) enrolled in a full-time approved secondary education program or an approved program leading to an equivalent credential, (B) enrolled full time in an institution that provides postsecondary or vocational education, or (C) 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. To receive a guardianship subsidy pursuant to this subsection, the guardian shall, at the time of the annual review, submit to the commissioner a sworn statement that the child is still meeting the requirements of subparagraphs (A) to (C), inclusive, of this subdivision, provided the commissioner, in his or her discretion, may waive such requirements based on compelling circumstances.(2) Annually, the subsidized guardian shall submit to the commissioner a sworn statement that the child is still living with and receiving support from the guardian. The commissioner, or the commissioner's designee, may require that the subsidized guardian submit any additional documentation that the commissioner or designee deems necessary for the purpose of determining whether such child is still living with and receiving support from the subsidized guardian. The parent of any child receiving assistance through the subsidized guardianship program shall remain liable for the support of the child as required by the general statutes.(g) A guardianship subsidy shall not be included in the calculation of household income in determining eligibility for benefits of the caregiver of the subsidized child or other persons living within the household of the caregiver.(h) Payments for guardianship subsidies shall be made from moneys available from any source to the commissioner for child welfare purposes. The commissioner shall develop and implement a plan that: (1) Maximizes use of the subsidized guardianship program to decrease the number of children in the legal custody of the commissioner and to reduce the number of children who would otherwise be placed into nonrelative foster care when there is a caregiver willing to provide care;(2) maximizes federal reimbursement for the costs of the subsidized guardianship program, provided whatever federal maximization method is employed shall not result in the caregiver of a child being subject to work requirements as a condition of receipt of benefits for the child or the benefits restricted in time or scope other than as specified in subsection (c) of this section; and(3) ensures necessary transfers of funds between agencies and interagency coordination in program implementation. The commissioner shall seek all federal waivers and reimbursement as are necessary and appropriate to implement this plan.(i) In the case of the death, severe disability or serious illness of a caregiver who is receiving a guardianship subsidy or an adoptive parent who is receiving a subsidy pursuant to section 17a-117 or 17a-118 , the commissioner may transfer such subsidy to a successor guardian who meets the department's foster care safety requirements and who is appointed as legal guardian by a court of competent jurisdiction. For purposes of maximizing federal reimbursement for the costs of the subsidized guardianship program, the commissioner shall request that the caregiver or adoptive parent identify such successor guardian in the subsidy agreement and any addendum thereto.(j) Nothing in this section shall prohibit the commissioner from continuing to pay guardianship subsidies to those relative caregivers who entered into written subsidy agreements with the Department of Children and Families prior to October 5, 2009.(k) Not less than thirty days prior to the termination or reduction of a guardianship subsidy, the commissioner shall (1) provide written notice of such reduction or termination to the caregiver receiving such subsidy, and (2) provide such caregiver with a hearing before 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.Conn. Gen. Stat. § 17a-126
( P.A. 97-272 , S. 7 , 9 ; June Sp. Sess. P.A. 98-1 , S. 90 , 121 ; P.A. 99-251 , S. 1 , 2 ; P.A. 05-254 , S. 1 ; P.A. 07-174 , S. 1 ; June Sp. Sess. P.A. 07-5 , S. 38 ; P.A. 09-185 , S. 7 ; Sept. Sp. Sess. P.A. 09-5, S. 69; P.A. 10-26 , S. 8 ; P.A. 11-105 , S. 3 ; P.A. 15-199 , S. 10 ; P.A. 16-28 , S. 11 ; 16-124 , S. 2 ; P.A. 17-81 , S. 5 .)
Amended by P.A. 24-0079,S. 2 of the Connecticut Acts of the 2024 Regular Session, eff. 7/1/2024.Amended by P.A. 17-0081, S. 5 of the Connecticut Acts of the 2017 Regular Session, eff. 7/1/2017.Amended by P.A. 16-0124, S. 2 of the Connecticut Acts of the 2016 Regular Session, eff. 10/1/2016.Amended by P.A. 16-0028, S. 11 of the Connecticut Acts of the 2016 Regular Session, eff. 5/17/2016.Amended by P.A. 15-0199, S. 10 of the Connecticut Acts of the 2015 Regular Session, eff. 7/1/2015.Amended by P.A. 11-0105, S. 3 of the the 2011 Regular Session, eff. 7/1/2011.Amended by P.A. 10-0026, S. 8 of the February 2010 Regular Session, eff. 5/10/2010.Amended by P.A. 09-0005, S. 69 of the Sept. 2009 Sp. Sess., eff. 10/5/2009.Amended by P.A. 09-0185, S. 7 of the the 2009 Regular Session, eff. 7/1/2009.