General Assembly Committee Bill No. 178
January Session, 2013 LCO No. 4827
*04827SB00178JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Committee Bill No. 178
January Session, 2013
LCO No. 4827
*04827SB00178JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE CONTINUATION OF CHILD SUPPORT OBLIGATIONS AFTER THE TERMINATION OF PARENTAL RIGHTS DUE TO ABUSE OR NEGLECT OF THE CHILD.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subdivision (1) of subsection (a) of section 17b-745 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(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. The child support obligation of a parent whose parental rights are terminated shall continue, upon the motion of the other parent, if (A) the court terminated the parental rights of such parent, in whole or in part, on the grounds that the child was abused, neglected or uncared for, and (B) a court determines that continuation of such child support obligation is in the best interests of the child. Any child support obligation continued upon such motion shall terminate whenever the child is adopted. Any court or family support magistrate called upon to make or enforce [such] an order under this subsection, 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.
Sec. 2. Section 46b-84 of the general statutes is amended by adding subsection (i) as follows (Effective October 1, 2013):
(NEW) (i) The child support obligation of a parent whose parental rights are terminated shall continue, upon the motion of the other parent, if (1) the court terminated the parental rights of such parent, in whole or in part, on the grounds that the child was abused, neglected or uncared for, and (2) a court determines that continuation of such child support obligation is in the best interests of the child. Any child support obligation continued under this subsection shall continue in accordance with the requirements of this section and any final order for the periodic payment of child support and shall terminate in accordance with this section and the terms of such order, or whenever the child is adopted, whichever is earlier.
Sec. 3. Subparagraph (A) of subdivision (1) of subsection (a) of section 46b-171 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) (1) (A) If the defendant is found to be the father of the child, the court or family support magistrate shall order the defendant to stand charged with the support and maintenance of such child, with the assistance of the mother if such mother is financially able, 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, 17b-745, as amended by this act, 46b-129, 46b-130 or 46b-215, as amended by this act, to be reasonably commensurate with the financial ability of the defendant, and to pay a certain sum periodically until the child attains the age of eighteen years or as otherwise provided in this subsection. If such child is unmarried and a full-time high school student, such support shall continue according to the parents' respective abilities, if such child is in need of support, until such child completes the twelfth grade or attains the age of nineteen, whichever occurs first. The child support obligation of a defendant whose parental rights are terminated shall continue, upon the motion of the other parent, if (i) the court terminated the parental rights of such defendant, in whole or in part, on the grounds that the child was abused, neglected or uncared for, and (ii) a court determines that continuation of such child support obligation is in the best interests of the child. Any child support obligation continued upon such motion shall terminate whenever the child is adopted.
Sec. 4. Subdivision (1) of subsection (c) of section 46b-172 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(c) (1) At any time after the signing of any acknowledgment of paternity, upon the application of any interested party, the court or any judge thereof or any family support magistrate in IV-D support cases and in matters brought under sections 46b-212 to 46b-213w, inclusive, shall cause a summons, signed by such judge or family support magistrate, by the clerk of the court or by a commissioner of the Superior Court, to be issued, requiring the acknowledged father to appear in court 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 why the court or the family support magistrate assigned to the judicial district in IV-D support cases should not enter judgment for support of the child by payment of a periodic sum until the child attains the age of eighteen years or as otherwise provided in this subsection, together with provision for reimbursement for past-due support based upon ability to pay in accordance with the provisions of section 17a-90 or 17b-81, subsection (b) of section 17b-179 or section 17b-223, 46b-129 or 46b-130, a provision for health coverage of the child as required by section 46b-215, as amended by this act, and reasonable expense of the action under this subsection. If such child is unmarried and a full-time high school student such support shall continue according to the parents' respective abilities to pay, if such child is in need of support, until such child completes the twelfth grade or attains the age of nineteen, whichever occurs first. The child support obligation of a father whose parental rights are terminated shall continue, upon the motion of the other parent, if (A) the court terminated the parental rights of such father, in whole or in part, on the grounds that the child was abused, neglected or uncared for, and (B) a court determines that continuation of such child support obligation is in the best interests of the child. Any child support obligation continued upon such motion shall terminate whenever the child is adopted.
Sec. 5. Subdivision (1) of subsection (a) of section 46b-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) (1) The Superior Court or a family support magistrate may make and enforce orders for payment of support against any person who neglects or refuses to furnish necessary support to such person's spouse or a child under the age of eighteen or as otherwise provided in this subsection, according to such person's ability to furnish such support, notwithstanding the provisions of section 46b-37. If such child is unmarried and a full-time high school student, such support shall continue according to the parents' respective abilities, if such child is in need of support, until such child completes the twelfth grade or attains the age of nineteen, whichever occurs first. Such order of support shall continue for a parent whose parental rights are terminated, upon the motion of the other parent, if (A) the court terminated the parental rights of such parent, in whole or in part, on the grounds that the child was abused, neglected or uncared for, and (B) a court determines that continuation of such child support obligation is in the best interests of the child. Any child support obligation continued upon such motion shall terminate whenever the child is adopted.
Sec. 6. Subsection (a) of section 45a-717 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) At the hearing held on any petition for the termination of parental rights filed in the Court of Probate under section 45a-715, or filed in the Superior Court under section 17a-112, or transferred to the Superior Court from the Court of Probate under section 45a-715, any party to whom notice was given shall have the right to appear and be heard with respect to the petition. If a parent who is consenting to the termination of such parent's parental rights appears at the hearing on the petition for termination of parental rights, the court shall explain to the parent the meaning and consequences of termination of parental rights. If an order terminating parental rights under this section is based, in whole or in part, on the grounds that the child was abused, neglected or uncared for, prior to entering such order, the court shall provide notice to the parent whose parental rights are being terminated that such parent's child support obligation may continue upon motion of the other parent. Nothing in this subsection shall be construed to require the appearance of a consenting parent at the hearing regarding the termination of such parent's parental rights except as otherwise provided by court order.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 17b-745(a)(1)
Sec. 2 October 1, 2013 46b-84
Sec. 3 October 1, 2013 46b-171(a)(1)(A)
Sec. 4 October 1, 2013 46b-172(c)(1)
Sec. 5 October 1, 2013 46b-215(a)(1)
Sec. 6 October 1, 2013 45a-717(a)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
17b-745(a)(1)
Sec. 2
October 1, 2013
46b-84
Sec. 3
October 1, 2013
46b-171(a)(1)(A)
Sec. 4
October 1, 2013
46b-172(c)(1)
Sec. 5
October 1, 2013
46b-215(a)(1)
Sec. 6
October 1, 2013
45a-717(a)
Statement of Purpose:
To require continued child support payments from a parent whose parental rights are terminated due to the abuse or neglect of the child.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
Co-Sponsors: SEN. FASANO, 34th Dist.
Co-Sponsors:
SEN. FASANO, 34th Dist.
S.B. 178