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General Assembly Substitute Bill No. 7216
January Session, 2019
AN ACT INCREASING THE AGE FOR ELIGIBILITY FOR THE POST-
SECONDARY EDUCATION FUNDING PROGRAM OFFE RED BY THE
DEPARTMENT OF CHILDR EN AND FAMILIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2019) (a) As used in this section: 1
(1) "Department" means the Department of Children and Families; 2
(2) "Post-secondary education program" means any program that 3
leads to an academic degree or certification in a vocation or 4
employment training; and 5
(3) "Post-secondary education funding program" means the 6
program offered by the department under which it funds the post-7
secondary education of a youth who is committed to the department at 8
the age of eighteen or younger and meets the requirements established 9
by the department in its policies and regulations. 10
(b) The Commissioner of Children and Families shall amend the 11
department policies and regulations regarding the post-secondary 12
education funding program to (1) increase the age until which a youth 13
can voluntarily agree to receive and qualify for services and funding 14
from the department under the post-secondary education funding 15
program from twenty-one to twenty-four, and (2) increase the age until 16 Substitute Bill No. 7216
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which a youth who is enrolled in a post-secondary education program 17
and continues to meet the requirements established by the department 18
is eligible for funding to complete such post-secondary education 19
program under the post-secondary education funding program from 20
twenty-three to twenty-six. 21
Sec. 2. Subdivisions (4) and (5) of subsection (j) of section 46b-129 of 22
the general statutes are repealed and the following is substituted in 23
lieu thereof (Effective July 1, 2019): 24
(4) The commissioner shall be the guardian of such child or youth 25
for the duration of the commitment, provided the child or youth has 26
not reached the age of eighteen years, or until another guardian has 27
been legally appointed, and in like manner, upon such vesting of the 28
care of such child or youth, such other public or private agency or 29
individual shall be the guardian of such child or youth until such child 30
or youth has reached the age of eighteen years or, in the case of a child 31
or youth (A) in full-time attendance in a secondary school, a technical 32
education and career school, a college or a state-accredited job training 33
program, until such child or youth has reached the age of twenty-one 34
years or until another guardian has been legally appointed, or (B) 35
receiving services and funding from the post-secondary education 36
funding program, as defined in section 1 of this act, until such child or 37
youth has reached the age of twenty-four years or until another 38
guardian has been legally appointed. The commissioner may place any 39
child or youth so committed to the commissioner in a suitable foster 40
home or in the home of a fictive kin caregiver, relative caregiver, or in 41
a licensed child-caring institution or in the care and custody of any 42
accredited, licensed or approved child-caring agency, within or 43
without the state, provided a child shall not be placed outside the state 44
except for good cause and unless the parents or guardian of such child 45
are notified in advance of such placement and given an opportunity to 46
be heard, or in a receiving home maintained and operated by the 47
commissioner. When placing such child or youth, the commissioner 48
shall provide written notification of the placement, including the 49 Substitute Bill No. 7216
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name, address and other relevant contact information relating to the 50
placement, to any attorney or guardian ad litem appointed to represent 51
the child or youth pursuant to subsection (c) of this section. The 52
commissioner shall provide written notification to such attorney or 53
guardian ad litem of any change in placement of such child or youth, 54
including a hospitalization or respite placement, and if the child or 55
youth absconds from care. The commissioner shall provide such 56
written notification not later than ten business days prior to the date of 57
change of placement in a nonemergency situation, or not later than 58
two business days following the date of a change of placement in an 59
emergency situation. In placing such child or youth, the commissioner 60
shall, if possible, select a home, agency, institution or person of like 61
religious faith to that of a parent of such child or youth, if such faith is 62
known or may be ascertained by reasonable inquiry, provided such 63
home conforms to the standards of the commissioner and the 64
commissioner shall, when placing siblings, if possible, place such 65
children together. At least ten days prior to transferring a child or 66
youth to a second or subsequent placement, the commissioner shall 67
give written notice to such child or youth and such child or youth's 68
attorney of said commissioner's intention to make such transfer, unless 69
an emergency or risk to such child or youth's well-being necessitates 70
the immediate transfer of such child and renders such notice 71
impossible. Upon the issuance of an order committing the child or 72
youth to the commissioner, or not later than sixty days after the 73
issuance of such order, the court shall determine whether the 74
department made reasonable efforts to keep the child or youth with his 75
or her parents or guardian prior to the issuance of such order and, if 76
such efforts were not made, whether such reasonable efforts were not 77
possible, taking into consideration the child's or youth's best interests, 78
including the child's or youth's health and safety. 79
(5) A youth who is committed to the commissioner pursuant to this 80
subsection and has reached eighteen years of age may remain in the 81
care of the commissioner, by consent of the youth and provided the 82
youth (A) has not reached the age of twenty-one years of age, if the 83 Substitute Bill No. 7216
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youth is [(A)] (i) enrolled in a full-time approved secondary education 84
program or an approved program leading to an equivalent credential; 85
[(B)] (ii) enrolled full time in an institution which provides 86
postsecondary or vocational education; or [(C)] (iii) participating full 87
time in a program or activity approved by said commissioner that is 88
designed to promote or remove barriers to employment, or (B) has not 89
reached the age of twenty-four years, if the youth receives services and 90
funds through the post-secondary education funding program, as 91
defined in section 1 of this act. The commissioner, in his or her 92
discretion, may waive the provision of full-time enrollment or 93
participation based on compelling circumstances. Not more than one 94
hundred twenty days after the youth's eighteenth birthday, the 95
department shall file a motion in the superior court for juvenile 96
matters that had jurisdiction over the youth's case prior to the youth's 97
eighteenth birthday for a determination as to whether continuation in 98
care is in the youth's best interest and, if so, whether there is an 99
appropriate permanency plan. The court, in its discretion, may hold a 100
hearing on said motion. 101
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 New section
Sec. 2 July 1, 2019 46b-129(j)(4) and (5)
HED Joint Favorable Subst.