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General Assembly Substitute Bill No. 5299
February Session, 2022
AN ACT INCREASING THE AGE FOR ELIGIBILITY FOR THE
POSTSECONDARY EDUCATION FUNDING PROGRAM OFFERED BY
THE DEPARTMENT OF CHILDREN AND FAMILIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2022) (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 employment 4
training; and 5
(3) "Post-secondary education funding program" means the program 6
offered by the department under which it funds the post-secondary 7
education of a youth who is committed to the department at the age of 8
eighteen or younger and meets the requirements established by the 9
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 Substitute Bill No. 5299
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program from twenty-one to twenty-six, and (2) increase the age until 16
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the 2022 supplement to the general statutes are repealed and the 23
following is substituted in lieu thereof (Effective July 1, 2022): 24
(4) The commissioner shall be the guardian of such child or youth for 25
the duration of the commitment, provided the child or youth has not 26
reached the age of eighteen years, or until another guardian has been 27
legally appointed, and in like manner, upon such vesting of the care of 28
such child or youth, such other public or private agency or individual 29
shall be the guardian of such child or youth until such child or youth 30
has reached the age of eighteen years or, in the case of a child or youth 31
(A) in full-time attendance in a secondary school, a technical education 32
and career school, a college or a state-accredited job training program, 33
until such child or youth has reached the age of twenty-one years or 34
until another guardian has been legally appointed, or (B) receiving 35
services and funding from the post-secondary education funding 36
program, as defined in section 1 of this act, until such child or youth has 37
reached twenty-six years of age or until another guardian has been 38
legally appointed. The commissioner may place any child or youth so 39
committed to the commissioner in a suitable foster home or in the home 40
of a fictive kin caregiver, relative caregiver, or in a licensed child-caring 41
institution or in the care and custody of any accredited, licensed or 42
approved child-caring agency, within or without the state, provided a 43
child shall not be placed outside the state except for good cause and 44
unless the parents or guardian of such child are notified in advance of 45
such placement and given an opportunity to be heard, or in a receiving 46
home maintained and operated by the commissioner. When placing 47
such child or youth, the commissioner shall provide written notification 48 Substitute Bill No. 5299
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of the placement, including the name, address and other relevant 49
contact information relating to the placement, to any attorney or 50
guardian ad litem appointed to represent the child or youth pursuant to 51
subsection (c) of this section. The commissioner shall provide written 52
notification to such attorney or guardian ad litem of any change in 53
placement of such child or youth, including a hospitalization or respite 54
placement, and if the child or youth absconds from care. The 55
commissioner shall provide such written notification not later than ten 56
business days prior to the date of change of placement in a 57
nonemergency situation, or not later than two business days following 58
the date of a change of placement in an emergency situation. In placing 59
such child or youth, the commissioner shall, if possible, select a home, 60
agency, institution or person of like religious faith to that of a parent of 61
such child or youth, if such faith is known or may be ascertained by 62
reasonable inquiry, provided such home conforms to the standards of 63
the commissioner and the commissioner shall, when placing siblings, if 64
possible, place such children together. At least ten days prior to 65
transferring a child or youth to a second or subsequent placement, the 66
commissioner shall give written notice to such child or youth and such 67
child or youth's attorney of said commissioner's intention to make such 68
transfer, unless an emergency or risk to such child or youth's well-being 69
necessitates the immediate transfer of such child and renders such 70
notice impossible. Upon the issuance of an order committing the child 71
or youth to the commissioner, or not later than sixty days after the 72
issuance of such order, the court shall determine whether the 73
department made reasonable efforts to keep the child or youth with his 74
or her parents or guardian prior to the issuance of such order and, if 75
such efforts were not made, whether such reasonable efforts were not 76
possible, taking into consideration the child's or youth's best interests, 77
including the child's or youth's health and safety. 78
(5) A youth who is committed to the commissioner pursuant to this 79
subsection and has reached eighteen years of age may remain in the care 80
of the commissioner, by consent of the youth and provided (A) the 81
youth has not reached [the age of] twenty-one years of age, if the youth 82 Substitute Bill No. 5299
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is [(A)] (i) enrolled in a full-time approved secondary education 83
program or an approved program leading to an equivalent credential; 84
[(B)] (ii) enrolled full time in an institution which provides 85
postsecondary or vocational education; or [(C)] (iii) participating full 86
time in a program or activity approved by said commissioner that is 87
designed to promote or remove barriers to employment, or (B) the youth 88
has not reached twenty-six years of age, if the youth receives services 89
and funds through the post-secondary education funding program, as 90
defined in section 1 of this act. The commissioner, in his or her 91
discretion, may waive the provision of full-time enrollment or 92
participation based on compelling circumstances. Not more than one 93
hundred twenty days after the youth's eighteenth birthday, the 94
department shall file a motion in the superior court for juvenile matters 95
that had jurisdiction over the youth's case prior to the youth's eighteenth 96
birthday for a determination as to whether continuation in care is in the 97
youth's best interest and, if so, whether there is an appropriate 98
permanency plan. The court, in its discretion, may hold a hearing on 99
said motion. 100
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 New section
Sec. 2 July 1, 2022 46b-129(j)(4) and (5)
HED Joint Favorable Subst.