LCO No. 3034 1 of 4 General Assembly Raised Bill No. 6563 January Session, 2023 LCO No. 3034 Referred to Committee on HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT Introduced by: (HED) AN ACT INCREASING THE AGE OF 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, 2023) (a) As used in this section: 1 (1) "Department" means the Department of Children and Families; 2 (2) "Postsecondary education program" means any program that 3 leads to an academic degree or certification in a vocation or employment 4 training; and 5 (3) "Postsecondary education funding program" means the program 6 offered by the department under which it funds the postsecondary 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 postsecondary 12 Raised Bill No. 6563 LCO No. 3034 2 of 4 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 postsecondary education funding 15 program from twenty-one to twenty-six years of age, and (2) increase 16 the age until which a youth who is enrolled in a postsecondary 17 education program and continues to meet the requirements established 18 by the department is eligible for funding to complete such 19 postsecondary education program under the postsecondary education 20 funding program from twenty-three to twenty-eight years of age. 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 Subdivisions (4) and (5) of subsection (j) of section 46b-129 of 22 the general statutes are repealed and the following is substituted in lieu 23 thereof (Effective July 1, 2023): 24 (4) The commissioner shall be the guardian of such child or youth for 25 the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 postsecondary education funding 36 program, as defined in section 1 of this act, until such child or youth has 37 reached twenty-eight 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 Raised Bill No. 6563 LCO No. 3034 3 of 4 home maintained and operated by the commissioner. When placing 47 such child or youth, the commissioner shall provide written notification 48 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 Raised Bill No. 6563 LCO No. 3034 4 of 4 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 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-eight years of age, if the youth receives services 89 and funds through the postsecondary 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, 2023 New section Sec. 2 July 1, 2023 46b-129(j)(4) and (5) Statement of Purpose: To increase the age for eligibility for the postsecondary education funding program offered by the Department of Children and Families from the age of twenty-one to twenty-six years of age and the age at which a postsecondary education program must be completed from the age of twenty-three to twenty-eight years of age. [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.]