Sec. 17a-118. (Formerly Sec. 17-44c). Review and change in subsidy. Adoption Subsidy Review Board. Adoption assistance agreement and subsidy payment.
Sec. 17a-118. (Formerly Sec. 17-44c). Review and change in subsidy. Adoption
Subsidy Review Board. Adoption assistance agreement and subsidy payment. (a)
There shall be a biennial review of the subsidy by the Commissioner of Children and
Families in accordance with a schedule established by the commissioner or the commissioner's designee. 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. If the subsidy is to be terminated
or reduced by the Commissioner of Children and Families, 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 given a hearing before the Adoption Subsidy Review Board. If such an
appeal is taken, the subsidy shall continue without modification until the final decision
of the Adoption Subsidy Review Board.
(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.
(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.)
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.