CHAPTER 319rr
CHILD CARE AND PROTECTION

      Sec. 17b-745. (Formerly Sec. 17-324). Court order for support of persons supported by state. National Medical Support Notice. Income withholding orders. Enforcement and modification of support orders. (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. Any court or family support magistrate called upon to make or enforce such an order, 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.

      (2) (A) The court or family support magistrate shall include in each support order in a IV-D support case a provision for the health care coverage of the child. Such provision may include an order for either parent or both parents to provide such coverage under any or all of clauses (i), (ii) or (iii) of this subparagraph.

      (i) The provision for health care coverage may include an order for either parent to name any child as a beneficiary of any medical or dental insurance or benefit plan carried by such parent or available to such parent at a reasonable cost, as described in clause (iv) of this subparagraph. If such order requires the parent to maintain insurance available through an employer, the order shall be enforced using a National Medical Support Notice as provided in section 46b-88.

      (ii) The provision for health care coverage may include an order for either parent to: (I) Apply for and maintain coverage on behalf of the child under the HUSKY Plan, Part B; or (II) provide cash medical support, as described in clauses (v) and (vi) of this subparagraph. An order under this clause shall be made only if the cost to the parent obligated to maintain coverage under the HUSKY Plan, Part B, or provide cash medical support is reasonable as described in clause (iv) of this subparagraph. An order under subclause (I) of this clause shall be made only if insurance coverage as described in clause (i) of this subparagraph is unavailable at reasonable cost to either parent, or inaccessible to the child.

      (iii) An order for payment of the child's medical and dental expenses, other than those described in subclause (II) of clause (v) of this subparagraph, that are not covered by insurance or reimbursed in any other manner shall be entered in accordance with the child support guidelines established pursuant to section 46b-215a.

      (iv) Health care coverage shall be deemed reasonable in cost if: (I) The parent obligated to maintain such coverage would qualify as a low-income obligor under the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income, and the cost does not exceed five per cent of such parent's net income; or (II) the parent obligated to maintain such coverage would not qualify as a low-income obligor under such guidelines and the cost does not exceed seven and one-half per cent of such parent's net income. In either case, net income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a. If a parent obligated to maintain insurance must obtain coverage for himself or herself to comply with the order to provide coverage for the child, reasonable cost shall be determined based on the combined cost of coverage for such parent and such child.

      (v) Cash medical support means: (I) An amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including the HUSKY Plan, Part A or Part B, except as provided in clause (vi) of this subparagraph, or by another parent through employment or otherwise, or (II) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified specifically on the record. Cash medical support, as described in subclauses (I) and (II) of this clause, may be ordered in lieu of an order under clause (i) of this subparagraph to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under clause (i) of this subparagraph, provided the total cost to the obligated parent of insurance and cash medical support is reasonable, as described in clause (iv) of this subparagraph. An order for cash medical support shall be payable to the state or the custodial party, as their interests may appear, provided an order under subclause (I) of this clause shall be effective only as long as health insurance coverage is maintained. Any unreimbursed medical and dental expenses not covered by an order issued pursuant to subclause (II) of this clause are subject to an order for unreimbursed medical and dental expenses pursuant to clause (iii) of this subparagraph.

      (vi) Cash medical support to offset the cost of any insurance payable under the HUSKY Plan, Part A or Part B, shall not be ordered against a noncustodial parent who is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or against a custodial parent of children covered under the HUSKY Plan, Part A or Part B.

      (B) Whenever an order of the Superior Court or family support magistrate is issued against a parent to cover the cost of such medical or dental insurance or benefit plan for a child who is eligible for Medicaid benefits, and such parent has received payment from a third party for the costs of such services but such parent has not used such payment to reimburse, as appropriate, either the other parent or guardian or the provider of such services, the Department of Social Services may request the court or family support magistrate to order the employer of such parent to withhold from the wages, salary or other employment income of such parent to the extent necessary to reimburse the Department of Social Services for expenditures for such costs under the Medicaid program, except that any claims for current or past-due child support shall take priority over any such claims for the costs of such services.

      (3) Said court or family support magistrate shall also have authority to make and enforce orders directed to the conservator or guardian of any such patient or person, or the payee of Social Security or other benefits to which such patient or person is entitled, to the extent of the income or estate held or received by such fiduciary or payee in any such capacity.

      (4) For purposes of this section, the term "father" shall include a person who has acknowledged in writing paternity of a child born out of wedlock, and the court or family support magistrate shall have authority to determine, order and enforce payment of any accumulated sums due under a written agreement to support such child in accordance with the provisions of this section.

      (5) (A) The court or family support magistrate may also make and enforce orders for the payment by any person named herein of past-due support for which any such person is liable 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 and, in IV-D cases, order such person, provided such person is not incapacitated, to participate in work activities that may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t. A parent's liability for past-due support of a child born out of wedlock shall be limited to the three years next preceding the filing of a petition pursuant to this section.

      (B) In the determination of child support due based on neglect or refusal to furnish support prior to the action, the support due for periods of time prior to the action shall be based upon the obligor's ability to pay during such prior periods, as determined in accordance with the child support guidelines established pursuant to section 46b-215a. The state shall disclose to the court any information in its possession concerning current and past ability to pay. If no information is available to the court concerning past ability to pay, the court may determine the support due for periods of time prior to the action as if past ability to pay is equal to current ability to pay, if current ability is known. If current ability to pay is not known, the court shall determine the past ability to pay based on the obligor's work history if known, or if not known, on the state minimum wage that was in effect during such periods, provided only actual earnings shall be used to determine ability to pay for past periods during which the obligor was a full-time high school student or was incarcerated, institutionalized or incapacitated.

      (C) Any finding of support due for periods of time prior to an action in which the obligor failed to appear shall be entered subject to adjustment. Such adjustment may be made upon motion of any party, and the state in IV-D cases shall make such motion if it obtains information that would have substantially affected the court's determination of past ability to pay if such information had been available to the court. Motion for adjustment under this subparagraph may be made not later than twelve months from the date upon which the obligor receives notification of (i) the amount of such finding of support due for periods of time prior to the action, and (ii) the right not later than twelve months from the date of receipt of such notification to present evidence as to such obligor's past ability to pay support for such periods of time prior to the action. A copy of any support order entered, subject to adjustment, that is provided to each party under subsection (c) of this section shall state in plain language the basis for the court's determination of past support, the right to request an adjustment and to present information concerning the obligor's past ability to pay, and the consequences of a failure to request such adjustment.

      (6) (A) All payments ordered by the court or family support magistrate under this section shall be made to the Commissioner of Administrative Services or, in IV-D cases, to the state acting by and through the IV-D agency, as the court or family support magistrate may determine, for the period during which the supported person is receiving assistance or care from the state, provided, in the case of beneficiaries of any program of public assistance, upon the discontinuance of such assistance, payments shall be distributed to the beneficiary, beginning with the effective date of discontinuance, and provided further that in IV-D support cases, all payments shall be distributed as required by Title IV-D of the Social Security Act. Any order of payment made under this section may, at any time after being made, be set aside or altered by the court or a family support magistrate.

      (B) In IV-D support cases, the IV-D agency or a support enforcement agency under cooperative agreement with the IV-D agency may, upon notice to the obligor and obligee, redirect payments for the support of any child receiving child support enforcement services either to the state of Connecticut or to the present custodial party, as their interests may appear, provided neither the obligor nor the obligee objects in writing within ten business days from the mailing date of such notice. Any such notice shall be sent by first class mail to the most recent address of such obligor and obligee, as recorded in the state case registry pursuant to section 46b-218, and a copy of such notice shall be filed with the court or family support magistrate if both the obligor and obligee fail to object to the redirected payments within ten business days from the mailing date of such notice.

      (7) (A) Proceedings to obtain orders of support under this section shall be commenced by the service on the liable person or persons of a verified petition of the Commissioner of Administrative Services, the Commissioner of Social Services or their designees. The verified petition shall be filed by any of said commissioners or their designees in the judicial district of the court or Family Support Magistrate Division in which the patient, applicant, beneficiary, recipient or the defendant resides. The judge or family support magistrate shall cause a summons, signed by such judge or magistrate, by the clerk of said court, or by a commissioner of the Superior Court to be issued, requiring such liable person or persons to appear before the court or a family support magistrate 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, if any, why the request for relief in such petition should not be granted.

      (B) Service of process issued under this section may be made by a state marshal, any proper officer or any investigator employed by the Department of Social Services or by the Commissioner of Administrative Services. The state marshal, proper officer or investigator shall make due return of process to the court not less than twenty-one days before the date assigned for hearing. Upon proof of the service of the summons to appear before the court or a family support magistrate, at the time and place named for hearing upon such petition, the failure of the defendant to appear shall not prohibit the court or family support magistrate from going forward with the hearing.

      (8) Failure of any defendant to obey an order of the court or Family Support Magistrate Division made under this section may be punished as contempt of court. If the summons and order is signed by a commissioner of the Superior Court, upon proof of service of the summons to appear in court or before a family support magistrate and upon the failure of the defendant to appear at the time and place named for hearing upon the petition, request may be made by the petitioner to the court or family support magistrate for an order that a capias mittimus be issued. Except as otherwise provided, upon proof of the service of the summons to appear in court or before a family support magistrate at the time and place named for a hearing upon the failure of the defendant to obey the court order as contempt of court, the court or the family support magistrate may order a capias mittimus to be issued and directed to a judicial marshal to the extent authorized pursuant to section 46b-225, or any other proper officer to arrest such defendant and bring such defendant before the Superior Court for the contempt hearing. The costs of commitment of any person imprisoned for contempt shall be paid by the state as in criminal cases. When any such defendant is so found in contempt, the court or family support magistrate may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt.

      (9) In addition to or in lieu of contempt proceedings, the court or family support magistrate, upon a finding that any person has failed to obey any order made under this section, may issue an order directing that an income withholding order issue against such amount of any debt accruing by reason of personal services due and owing to such person in accordance with section 52-362, or against such lesser amount of such excess as said court or family support magistrate deems equitable, for payment of accrued and unpaid amounts due under such order and all amounts which thereafter become due under such order. On presentation of such income withholding order by the officer to whom delivered for service to the person or persons or corporation from whom such debt accruing by reason of personal services is due and owing, or thereafter becomes due and owing, to the person against whom such support order was issued, such income withholding order shall be a lien and a continuing levy upon such debt to the amount specified therein, which shall be accumulated by the debtor and paid directly to the Commissioner of Administrative Services or, in IV-D cases, to the state acting by and through the IV-D agency, in accordance with section 52-362, until such income withholding order and expenses are fully satisfied and paid, or until such income withholding order is modified.

      (10) No entry fee, judgment fee or any other court fee shall be charged by the court to either party in actions under this section.

      (11) Written statements from employers as to property, insurance, wages, indebtedness and other information obtained by the Commissioner of Social Services, or the Commissioner of Administrative Services under authority of section 17b-137, shall be admissible in evidence in actions under this section.

      (b) Except as provided in sections 46b-212 to 46b-213w, inclusive, any court or family support magistrate, called upon to enforce a support order, shall insure that such order is reasonable in light of the obligor's ability to pay. Except as provided in sections 46b-212 to 46b-213w, inclusive, any support order entered pursuant to this section, or any support order from another jurisdiction subject to enforcement by the state of Connecticut, may be modified by motion of the party seeking such modification, including Support Enforcement Services in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record that the application of the guidelines would be inequitable or inappropriate, provided the court or family support magistrate finds that the obligor or the obligee and any other interested party have received actual notice of the pendency of such motion and of the time and place of the hearing on such motion. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. In any hearing to modify any support order from another jurisdiction the court or the family support magistrate shall conduct the proceedings in accordance with sections 46b-213o to 46b-213r, inclusive. No such support orders may be subject to retroactive modification except that the court or family support magistrate may order modification with respect to any period during which there is a pending motion for a modification of an existing support order from the date of service of notice of such pending motion upon the opposing party pursuant to section 52-50.

      (c) In IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, a copy of any support order established or modified pursuant to this section or, in the case of a motion for modification of an existing support order, a notice of determination that there should be no change in the amount of the support order, shall be provided to each party and the state case registry within fourteen days after issuance of such order or determination.

      (1953, 1955, S. 1445d; 1951, 1953, 1955, S. 1461d; 1957, P.A. 28; 1959, P.A. 42, S. 1; 1963, P.A. 73, S. 2; 1967, P.A. 314, S. 12; 746, S. 5; 1972, P.A. 127, S. 30; 294, S. 22; June, 1972, P.A. 1, S. 11; P.A. 74-183, S. 217, 291; P.A. 75-420, S. 4, 6; P.A. 76-334, S. 7, 12; 76-435, S. 20, 82; 76-436, S. 186, 681; P.A. 77-594, S. 4, 7; 77-614, S. 70, 608, 610; P.A. 79-206; P.A. 80-70, S. 2; 80-149, S. 1, 3; P.A. 84-159, S. 3; 84-205, S. 2; P.A. 86-359, S. 30, 44; P.A. 87-316, S. 9; 87-421, S. 10, 13; P.A. 87-589, S. 32, 87; P.A. 90-188, S. 2; 90-213, S. 19, 56; P.A. 91-76, S. 2, 7; 91-391, S. 1; P.A. 92-253, S. 3; P.A. 93-187, S. 1; 93-262, S. 40, 89; 93-396, S. 1; May Sp. Sess. P.A. 94-5, S. 7, 30; P.A. 95-305, S. 2, 6; June 18 Sp. Sess. P.A. 97-1, S. 51, 75; June 18 Sp. Sess. P.A. 97-2, S. 82, 165; June 18 Sp. Sess. P.A. 97-7, S. 11, 38; P.A. 99-279, S. 28, 45; P.A. 00-99, S. 56, 154; P.A. 01-91, S. 3; May 9 Sp. Sess. P.A. 02-7, S. 40; P.A. 03-258, S. 2; 03-278, S. 70; P.A. 04-100, S. 1; P.A. 06-149, S. 4, 5; P.A. 07-247, S. 3, 4; P.A. 10-32, S. 161; P.A. 11-214, S. 5; 11-219, S. 2, 12.)

      History: 1959 act specified statute applies to persons supported in state institutions or under state welfare programs, added references to Secs. 17-62, 17-90 and 17-119, included payee of social security or other benefits, added provisions re father of child born out of wedlock, method of making payments and dependents found in contempt, provided for accumulation of debt owed under lien and that no fees shall be charged and changed technical language; 1963 act placed jurisdiction in circuit rather than common pleas court, provided for payments through family relations division of court and for service by investigator in welfare department, made statement as to wages admissible in evidence and added Subsec. (b); 1967 acts restricted liability to parents of a child under 21 and children of a parent under 65, substituted commissioner of finance and control for welfare commissioner and raised amount exempt from execution from $25 to $50 per week; 1972 acts changed age of patients for which parent is liable from under 21 to under 18, reflecting changed age of majority and deleted reference to Sec. 17-82d; P.A. 74-183 replaced circuit court with court of common pleas, "county" with "geographical area" and family relations "division" with "office"; P.A. 75-420 replaced welfare commissioner and department with social services commissioner and department; P.A. 76-334 included references to Secs. 17-62a and 17-295a, required court making or enforcing order to insure that order is reasonable in light of relative's ability to pay, replaced "certificate" with "notice", added exception re continued collection of payments by social services commissioner, allowed commissioner of social services to file petition for institution of proceedings and replaced executions against debts exceeding $50 per week which are owed to person violating order with executions as provided in Secs. 52-362 and 52-362a; P.A. 76-435 made technical changes; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-594 allowed commissioners' designees to file petitions and allowed filing in geographical area where patient, applicant, beneficiary or recipient lives and added provisions re failure to appear after summons served; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services and, effective January 1, 1979, replaced commissioner and department of social services with commissioner and department of income maintenance; P.A. 79-206 included commissioner and department of human resources in provisions re petitions, service of summons and evidence; P.A. 80-70 added reference to Sec. 17-31i(b); P.A. 80-149 required lien payments at one-month, rather than three-month, intervals; P.A. 84-159 removed the authority of the court to order children to contribute to the support of parents who are under 65 years of age; P.A. 84-205 added the language concerning orders for medical or dental insurance; P.A. 86-359 applied provisions to family support magistrates and authorized filing of notice and petitions with assistant clerk of family support magistrate division; P.A. 87-316 added Subsec. (b) requiring any court or family support magistrate called upon to enforce a support order to insure that order is reasonable in light of obligor's ability to pay, and permitting modification of support order entered pursuant to this section or from another jurisdiction subject to enforcement in this state, provided obligor or obligee or other interested party receives actual notice of pendency of motion and hearing, which shall be conducted in accordance with Sec. 46b-197; P.A. 87-421 removed references to Sec. 17-295a which was repealed by the same act; P.A. 87-589 made technical change in Subsec. (b); P.A. 90-188 amended Subsec. (b) by adding provision permitting modification of child support orders upon showing of substantial change of circumstances or substantial deviation from child support guidelines established under P.A. 89-203 unless inequitable or inappropriate, and prohibiting retroactive modification of order of periodic payment or permanent alimony or support, except during period of pending motion for modification; P.A. 90-213 in Subsec. (a) replaced family division with the support enforcement division, deleted provision allowing the commissioner of income maintenance to collect certain support payments and in Subsec. (b) authorized the commissioner of human resources to seek to modify AFDC support cases; P.A. 91-76 amended Subsec. (b) by adding provision re rebuttable presumption that deviation of less than 15% from child support guidelines is not substantial and any deviation of more than 15% is substantial and permitting modification of support order without regard to whether order issued before on or after May 9, 1991; P.A. 91-391 amended Subsec. (a) by adding provisions requiring that determination of support due shall be based upon obligor's ability to pay during such prior periods, requiring that state disclose to court information re current and past ability to pay, and that if no information is available on orders entered on or after October 1, 1991, such order shall be subject to adjustment when information becomes available to court upon motion of any party within four months of notification of amount of such order and of right to present evidence of past ability to pay; P.A. 92-253 amended Subsec. (a) by granting authority to court or magistrate to make and enforce orders to employer of parent to withhold premiums necessary for medical or dental insurance for minor child; P.A. 93-187 made technical changes to Subsec. (a) re commencement of support proceedings, summons and order, service of process and wage withholding orders; P.A. 93-262 replaced references to commissioners and departments of income maintenance and human resources with commissioner and department of social services, effective July 1, 1993; P.A. 93-396 changed references to "execution" to "withholding order" or "wage withholding" and deleted reference to filing of discontinuance notice with court or assistant clerk of family support magistrate division where order was entered and in Subsec. (b) removed the reference to the commissioner of human resources and substituted "support enforcement division" thereby superseding the reference to the commissioner of social services which was added by P.A. 93-262, since P.A. 93-396 passed later than P.A. 93-262; May Sp. Sess. P.A. 94-5 amended Subsec. (a) to provide that if an order is issued against a parent, and such parent has received payment from a third party for the costs of such insurance, and the parent fails to reimburse the other parent or the party providing the insurance, the court may order a wage withholding of an amount necessary to reimburse the department of social services if the child is covered by the Medicaid program or the guardian or other parent in other cases for expenditures made or to be made on behalf of such child, effective July 1, 1994; Sec. 17-324 transferred to Sec. 17b-745 in 1995; P.A. 95-305 amended Subsec. (a) by requiring the court or family support magistrate to order the employer of a parent with a medical or dental insurance or benefit plan to withhold from such parent's compensation the amount of a premium for health coverage, except such employer may be required to withhold less than the full cost of such premium under regulation of the Secretary of the United States Department of Health and Human Services, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-1 made technical changes to Subsec. (b), effective January 1, 1998; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (b) to replace a reference to "AFDC" with "TANF", effective July 1, 1997; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) to require order in IV-D case to include provision for health care coverage of child, to permit magistrate, in IV-D cases, to order person to participate in work activities, provided such person is not incapacitated and to make other technical changes, including changing "wage" to "income", made a technical change in Subsec. (b) and added Subsec. (c) re copy of order and any modification shall be provided to each party and to state case registry within 14 days of order in IV-D cases, effective July 1, 1997; P.A. 99-279 amended Subsec. (a) by dividing it into eleven Subdivs. and Subparas., making technical changes and adding to Subdiv. (2) provisions re insurance coverage under Husky Plan in cases where insurance is unavailable under a parent's group coverage through an employer or union, effective July 1, 1999; P.A. 00-99 replaced references to sheriff with state marshal in Subsec. (a)(7)(B), effective December 1, 2000; P.A. 01-91 amended Subsec. (b) by changing "the Support Enforcement Division" to "Support Enforcement Services"; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (a)(2) by specifying that an employment based order requiring a parent to name a child as a beneficiary of medical or dental insurance is to be enforced using a National Medical Support Notice in Subpara. (A) and deleting provisions re withholding from employee's compensation in Subpara. (B); P.A. 03-258 amended Subsec. (a)(5)(B) by providing that child support due for periods prior to commencement of an action shall be "determined in accordance with the child support and arrearage guidelines established pursuant to section 46b-215a", deleting provision re support determination being based on assistance rendered to a child, adding provision re court determination of past ability to pay support based on obligor's work history or state's minimum wage in effect during periods prior to action and making technical changes, and amended Subsec. (a)(5)(C) by adding provision re support findings made for periods of time prior to an action where obligor failed to appear are subject to adjustment, providing that in IV-D cases state must make motion for adjustment if it obtains information that would have substantially affected court's determination of past ability to pay, changing time parameters for making motion for adjustment from four to twelve months, and adding provision re support orders subject to adjustment must state in plain language the court's basis for making the determination of past support, the right to request an adjustment and present evidence re past ability to pay, and consequences of failure to request an adjustment; P.A. 03-278 made technical changes in Subsec. (a)(1), effective July 9, 2003; P.A. 04-100 amended Subsec. (a)(1) and (2) by adding provision re continuation of support for unmarried, full-time high school student residing with custodial parent and making technical and conforming changes; P.A. 06-149 amended Subsec. (a)(1) and (2) to make technical changes, delete "and residing with the custodial parent", and substitute exemption from insurance payments for low-income obligors for prior exemption if premium payment would reduce amount of support required under child support guidelines, amended Subsec. (a)(5) to provide that a father's liability for past-due support of a child born out of wedlock shall be limited to three years next preceding the filing of a petition and make technical changes, and amended Subsec. (a)(6) to designate existing provisions as Subpara. (A) and provide therein that in IV-D support cases, payments shall be distributed as required by Title IV-D of the Social Security Act, and to add Subpara. (B) re redirection of payments and notice thereof, effective June 6, 2006; P.A. 07-247 amended Subsec. (a)(2)(A) by inserting clause (i) to (vi) designators, by specifying that court or family support magistrate may order either or both parents to provide health care coverage for the child, by specifying that either parent may be ordered to name a child as a beneficiary of any medical or dental insurance plan carried by or available to such parent at a reasonable cost, by describing "reasonable in cost" re maintaining health care coverage, by deleting provision that required applying for coverage under HUSKY Plan, Part B only if noncustodial parent had sufficient ability to pay the appropriate premium, by providing that court or family support magistrate may order either parent to provide for coverage under HUSKY Plan, Part B, or alternatively enter an order for cash medical support as long as any such order was reasonable, by defining "cash medical support" and requirements related to entry of a cash medical support order and by making conforming and technical changes, and amended Subsec. (a)(7)(A) by deleting "The verified petition, summons and order shall be on forms prescribed by the Office of the Chief Court Administrator."; P.A. 10-32 substituted "IV-D" for "TANF" re support cases and made technical changes in Subsec. (b), effective May 10, 2010; P.A. 11-214 amended Subsec. (b) to substitute references to Sec. 46b-213w for references to Sec. 46b-213v, substitute reference to Sec. 46b-213r for reference to Sec. 46b-213q, and delete "the procedure set forth in"; P.A. 11-219 amended Subsec. (a)(5)(A) to substitute "A parent's" for "The father's" re liability for past-due support for child born out of wedlock and to make technical changes, and amended Subsec. (a)(8) to permit capias mittimus to be directed to a judicial marshal to extent authorized in Sec. 46b-225 and to make a technical change.

      Sec. 17b-749. (Formerly Sec. 8-210b). Child care subsidy program. Eligibility and program standards. Eligibility redetermination. Child care providers. Regulations. (a) The Commissioner of Social Services shall establish and operate a child care subsidy program to increase the availability, affordability and quality of child care services for families with a parent or caretaker who is working, attending high school or who receives cash assistance under the temporary family assistance program from the Department of Social Services and is participating in an approved education, training, or other job preparation activity. Services available under the child care program shall include the provision of child care subsidies for children under the age of thirteen or children under the age of nineteen with special needs. The department shall open and maintain enrollment for the child care subsidy program and shall administer such program within the existing budgetary resources available. The department shall issue a notice on the department's Internet web site and shall provide written notice to recipients of program benefits and to service providers any time the department closes the program to new applications, changes eligibility requirements, changes program benefits or makes any other change to the program's status or terms, provided the department shall not be required to issue such notice when the department expands program eligibility. Any change in the department's acceptance of new applications, eligibility requirements, program benefits or any other change to the program's status or terms for which the department is required to give notice pursuant to this subsection, shall not be effective until thirty days after the department issues such notice.

      (b) The commissioner shall establish income standards for applicants and recipients at a level to include a family with gross income up to fifty per cent of the state-wide median income, except the commissioner (1) may increase the income level to up to seventy-five per cent of the state-wide median income, (2) upon the request of the Commissioner of Children and Families, may waive the income standards for adoptive families so that children adopted on or after October 1, 1999, from the Department of Children and Families are eligible for the child care subsidy program, and (3) on and after March 1, 2003, shall reduce the income eligibility level to up to fifty-five per cent of the state-wide median income for applicants and recipients who qualify based on their loss of eligibility for temporary family assistance. The commissioner may adopt regulations in accordance with chapter 54 to establish income criteria and durational requirements for such waiver of income standards.

      (c) The commissioner shall establish eligibility and program standards including, but not limited to: (1) A priority intake and eligibility system with preference given to serving recipients of temporary family assistance who are employed or engaged in employment activities under the department's "Jobs First" program, working families whose temporary family assistance was discontinued not more than five years prior to the date of application for the child care subsidy program, teen parents, low-income working families, adoptive families of children who were adopted from the Department of Children and Families and who are granted a waiver of income standards under subdivision (2) of subsection (b), and working families who are at risk of welfare dependency; (2) health and safety standards for child care providers not required to be licensed; (3) a reimbursement system for child care services which account for differences in the age of the child, number of children in the family, the geographic region and type of care provided by licensed and unlicensed caregivers, the cost and type of services provided by licensed and unlicensed caregivers, successful completion of fifteen hours of annual in-service training or credentialing of child care directors and administrators, and program accreditation; (4) supplemental payment for special needs of the child and extended nontraditional hours; (5) an annual rate review process for providers which assures that reimbursement rates are maintained at levels which permit equal access to a variety of child care settings; (6) a sliding reimbursement scale for participating families; (7) an administrative appeals process; (8) an administrative hearing process to adjudicate cases of alleged fraud and abuse and to impose sanctions and recover overpayments; (9) an extended period of program and payment eligibility when a parent who is receiving a child care subsidy experiences a temporary interruption in employment or other approved activity; and (10) a waiting list for the child care subsidy program that reflects the priority and eligibility system set forth in subdivision (1) of this subsection, which is reviewed periodically, with the inclusion of this information in the annual report required to be issued annually by the Department of Social Services to the Governor and the General Assembly in accordance with subdivision (10) of section 17b-733. Such action will include, but not be limited to, family income, age of child, region of state and length of time on such waiting list.

      (d) Not later than January 1, 2011, an applicant determined to be eligible for program benefits shall remain eligible for such benefits for a period of not less than eight months from the date that such applicant is determined to be eligible, provided the commissioner has not determined, during such eight-month period, that the applicant's circumstances have changed so as to render the applicant ineligible for program benefits. The commissioner shall not make an eligibility determination for a recipient of program benefits more than one time per eight-month period, except as provided in subsection (e) of this section.

      (e) Not later than October 15, 2011, the commissioner shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to human services and appropriations and the budgets of state agencies concerning eligibility redeterminations made on an eight-month basis. Such report shall include an analysis of overpayments of program benefits made by the department and administrative costs incurred by the department as a result of eligibility redeterminations made on an eight-month basis. On and after October 15, 2011, the commissioner may make eligibility redeterminations on a six-month basis if, after January 1, 2011, the department's overpayments of program benefits have increased in comparison with the period between January 1, 2010, and December 31, 2010, as a result of having an eight-month eligibility redetermination period.

      (f) A provider under the child care subsidy program that qualifies for eligibility and subsequently receives payment for child care services for recipients under this section shall be reimbursed for such services until informed by the Department of Social Services of the recipient's ineligibility.

      (g) All licensed child care providers and those providers exempt from licensing shall provide the Department of Social Services with the following information in order to maintain eligibility for reimbursement: (1) The name, address, appropriate identification, Social Security number and telephone number of the provider and all adults who work for or reside at the location where care is provided; (2) the name and address of the child's doctor, primary care provider and health insurance company; (3) whether the child is immunized and has had health screens pursuant to the federal Early and Periodic Screening, Diagnostic and Treatment Services Program under 42 USC 1396d; and (4) the number of children cared for by the provider.

      (h) On or after January 1, 1998, the commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

      (i) The commissioner shall submit to the joint standing committees of the General Assembly having cognizance of matters relating to human services and appropriations and the budgets of state agencies a copy of the Child Care and Development Fund Plan that the commissioner submits to the Administration for Children and Families pursuant to federal law. The copy of the plan shall be submitted to the committees not later than thirty days after submission of the plan to the Administration for Children and Families.

      (P.A. 74-206, S. 1, 2; P.A. 77-614, S. 532, 610; P.A. 86-417, S. 2, 15; P.A. 87-412, S. 1, 2; P.A. 88-160, S. 1, 3; P.A. 91-292, S. 1, 5; P.A. 92-223; P.A. 93-262, S. 1, 87; P.A. 97-259, S. 28, 41; P.A. 99-166, S. 7; 99-230, S. 6, 10; 99-252, S. 5; P.A. 00-187, S. 5, 75; P.A. 01-173, S. 45, 67; P.A. 03-2, S. 16; P.A. 04-16, S. 14; 04-258, S. 37; P.A. 08-100, S. 1; Sept. Sp. Sess. P.A. 09-5, S. 51; P.A. 10-61, S. 1; P.A. 11-18, S. 1.)

      History: P.A. 77-614 substituted commissioner of human resources for commissioner of community affairs, effective January 1, 1979; P.A. 86-417 expanded the list of day care providers from which the commissioner could purchase services to include group day care homes, family day care homes, providers serving in child's home and relatives, required the commissioner to adopt regulations on eligibility and level of payment and required the commissioner to pay the same amount for each child in the same family; P.A. 87-412 added provision authorizing the purchase of services from a relative of a child giving day care in the relative's home and redefined the standard of eligibility; P.A. 88-160 authorized the commissioner to provide day care subsidies to parents for day care services and increased the standard of eligibility to 70%; P.A. 91-292 changed eligibility level for day care subsidies from 70% to 50% of the state-wide median income; required regulations re subsidies and specified the factors to determine the level of subsidy; P.A. 92-223 provided that the commissioner may increase the standard of initial eligibility to include children in families with income up to 75% of the state-wide median income and provided that participating families with income less than 75% of the median shall at a minimum be eligible until the child attends school for a full day; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; Sec. 8-210b transferred to Sec. 17b-749 in 1995; P.A. 97-259 deleted existing language and added new provisions re child care subsidy program, effective July 1, 1997; P.A. 99-166 amended Subsec. (b) by permitting commissioner to waive income standards for adoptive families of children who were in custody of department and amended Subsec. (c) by adding adoptive families of children who were in custody of department to list of services preferences; P.A. 99-230 amended Subsec. (e) to make a technical change, effective July 1, 1999; P.A. 99-252 amended Subsec. (b)(2) to allow commissioner to waive the income standards for adoptive families so that children adopted on or after October 1, 1999, from the Department of Children and Families are eligible for the child care subsidy program, deleting reference to children who were in the custody of the department, and to authorize adoption of regulations to establish income criteria and durational requirements for such waiver of income standards and amended Subsec. (c)(1) to give preference to adoptive families of children who were adopted from the Department of Children and Families and who are granted a waiver of income standards under Subsec. (b)(2), deleting reference to children who were in the custody of the department; P.A. 00-187 amended Subsec. (c)(3) to add requirement for successful completion of 15 hours of annual in-service training or credentialing of child care directors and administrators, effective July 1, 2000; P.A. 01-173 amended Subsec. (c) to make a technical change, effective July 1, 2001; P.A. 03-2 added Subsec. (b)(3) requiring commissioner to reduce income eligibility to up to 55% of the state-wide median income for applicants and recipients qualifying for the program based on loss of eligibility for temporary family assistance, effective February 28, 2003; P.A. 04-16 made a technical change in Subsec. (b); P.A. 04-258 amended Subsec. (a) to require the department to maintain open enrollment and administer the program within existing available budgetary resources and amended Subsec. (c)(1) to give priority intake and eligibility status to recipients of temporary family assistance who are engaged in "Jobs First" employment activities and to working families whose temporary family assistance benefits were discontinued not more than five years prior to the date of application for child care subsidy program benefits, effective July 1, 2004; P.A. 08-100 amended Subsec. (c) by adding new Subdiv. (9) re eligibility extension for participant experiencing temporary interruption in employment and redesignating existing Subdiv. (9) as Subdiv. (10), effective July 1, 2008; Sept. Sp. Sess. P.A. 09-5 added Subsec. (g) requiring Commissioner of Children and Families to submit copy of the Child Care and Development Fund Plan to human services and appropriations committees, effective October 5, 2009; P.A. 10-61 amended Subsec. (a) by requiring that commissioner provide prior notice of changes in program benefits and eligibility requirements and closure of program to new applications, amended Subsec. (c)(5) by specifying that annual rate review process applies to providers, added new Subsec. (d) re eligibility redeterminations, added new Subsec. (e) re commissioner's report concerning eligibility redeterminations and authorizing 6-month eligibility redetermination if overpayments have increased, redesignated existing Subsec. (d) as Subsec. (f) and amended same to delete "On and after January 1, 1998," and replace "parent's" with "recipient's", and redesignated existing Subsecs. (e) to (g) as Subsecs. (g) to (i), effective July 1, 2010; P.A. 11-18 amended Subsec. (a) by adding provisions requiring department to provide notice of changes to program status or terms, effective May 24, 2011.

      Sec. 17b-749a. Purchase of child day care services. Grants to school readiness providers. Duties of Commissioner of Education concerning school readiness. (a) The Commissioner of Education shall establish, within available appropriations, a program to (1) purchase directly or provide subsidies to parents to purchase child day care services provided by any elementary or secondary school, nursery school, preschool, day care center, group day care home, family day care home, family resource center, Head Start program, or local or regional board of education, provided, if the commissioner purchases such services directly, he shall give preference to purchasing from providers of full-day and year-round programs; and (2) award grants to providers of school readiness programs, as defined in section 10-16p, to increase the hours of operation of their programs in order to provide child care for children attending such programs. The commissioner, for purposes of subdivision (1) of this subsection, may model the program on the program established pursuant to section 17b-749.

      (b) No funds received by a provider pursuant to this section shall be used to supplant federal funding received for early childhood education on behalf of children in an early childhood education program.

      (c) The Commissioner of Education shall: (1) Coordinate the development of a range of alternative programs to meet the needs of all children; (2) foster partnerships between school districts and private organizations; (3) provide information and assistance to parents in selecting an appropriate school readiness program; and (4) work to ensure, to the extent possible, that school readiness programs allow open enrollment for all children and allow families receiving benefits for such a program to choose a public or accredited private program.

      (P.A. 95-226, S. 26, 30; P.A. 96-213, S. 2, 5; P.A. 97-259, S. 5, 41; P.A. 11-44, S. 97.)

      History: P.A. 95-226 effective July 1, 1995; P.A. 96-213 added the definitions as Subsec. (a) and relettered existing Subsecs., transferring responsibility for the administration of the program from the State Board of Education to the Commissioner of Social Services, adding provision for the collaboration of other departments, changing the design of the program so that it was no longer a grant program for boards of education and requiring the program to be modeled after the program established pursuant to Sec. 17b-749, and adding duties of the council, effective July 1, 1996; P.A. 97-259 deleted former Subsecs. (a) and (d) re definitions and School Readiness Council and redesignated remaining subsecs., in new Subsec. (a) changed the program from a school readiness program modeled after the program established pursuant to Sec. 17b-749 to a program to provide for the purchase of child day care services and grants to providers of school readiness programs, in Subsec. (c) made the duties previously the responsibility of the School Readiness Council the responsibility of the Commissioners of Social Services and Education, and made technical changes, effective July 1, 1997; P.A. 11-44 amended Subsecs. (a) and (c) by deleting references to Commissioner of Social Services and further amended Subsec. (a) by replacing "shall" with "may" re modeling program on the program established pursuant to Sec. 17b-749, effective July 1, 2011.

      Sec. 17b-749c. Supplemental quality enhancement grant program. (a) The Commissioner of Education shall establish a program, within available appropriations, to provide, on a competitive basis, supplemental quality enhancement grants to providers of child day care services or providers of school readiness programs pursuant to section 10-16p and section 10-16u. Child day care providers and school readiness programs may apply for a supplemental quality enhancement grant at such time and on such form as the Commissioner of Education prescribes. Effective July 1, 2011, the commissioner shall make funds payable to providers under such grants on a prospective basis.

      (b) Priority for such grants shall be given to programs that are: (1) Included in a local school readiness plan; (2) full-day, year-round programs; and (3) accredited, as defined in subdivision (4) of subsection (a) of section 10-16p.

      (c) The grants shall be used to:

      (1) Help providers who are not accredited by the National Association for the Education of Young Children to obtain such accreditation;

      (2) Help directors and administrators to obtain training;

      (3) Provide comprehensive services, such as enhanced access to health care, a health consultant, a mental health consultant, nutrition, family support services, parent education, literacy and parental involvement, and community and home outreach programs; and provide information concerning access when needed to a speech and language therapist;

      (4) Purchase educational equipment;

      (5) Provide scholarships for training to obtain a credential in early childhood education or child development;

      (6) Provide training for persons who are mentor teachers, as defined in federal regulations for the Head Start program, and provide a family service coordinator or a family service worker as such positions are defined in such federal regulations;

      (7) Repair fire, health and safety problems in existing facilities and conduct minor remodeling to comply with the Americans with Disabilities Act; train child care providers on injury and illness prevention; and achieve compliance with national safety standards;

      (8) Create a supportive network with family day care homes and other providers of care for children;

      (9) Provide for educational consultation and staff development;

      (10) Provide for program quality assurance personnel;

      (11) Provide technical assistance services to enable providers to develop child care facilities pursuant to sections 17b-749g, 17b-749h and 17b-749i;

      (12) Establish a single point of entry system;

      (13) Provide services that enhance the quality of programs to maximize the health, safety and learning of children from birth to three years of age, inclusive, including, but not limited to, those children served by informal child care arrangements. Such grants may be used for the improvement of staff to child ratios and interaction, initiatives to promote staff retention, preliteracy development, parent involvement, curriculum content and lesson plans.

      (P.A. 97-259, S. 7, 41; P.A. 99-230, S. 7, 10; P.A. 00-187, S. 6, 12, 75; June Sp. Sess. P.A. 01-1, S. 16, 54; P.A. 05-245, S. 4; P.A. 11-44, S. 101.)

      History: P.A. 97-259 effective July 1, 1997; P.A. 99-230 added Subsec. (c)(8) to (10), inclusive, re educational consultation and staff development, program quality assurance personnel and technical assistance, effective July 1, 1999; P.A. 00-187 amended Subsec. (a) to add reference to Sec. 10-16u and added Subsec. (c)(11) re single point of entry system, effective July 1, 2000; June Sp. Sess. P.A. 01-1 amended Subsec. (c) to renumber existing Subdivs. (2) to (11) as Subdivs. (3) to (12), to add new Subdiv. (2) re training, in Subdiv. (3) to add provisions re health consultant and information on access to a speech and language specialist, and in Subdiv. (7) to add provisions re training on injury and illness prevention and achieving compliance with national safety standards, effective July 1, 2001; P.A. 05-245 amended Subsec. (c) by adding "a mental health consultant" in Subdiv. (3), by replacing language re associate certificate with language re credential in Subdiv. (5), by adding language re other providers of care in Subdiv. (8) and by adding new Subdiv. (13) re services to enhance quality of programs, effective July 1, 2005; P.A. 11-44 amended Subsec. (a) by deleting references to Commissioner of Social Services and adding provision requiring Commissioner of Education to pay providers on a prospective basis, effective July 1, 2011.

      Sec. 17b-749g. Child care facilities loan guarantee program. Regulations. (a) There is established a child care facilities loan guarantee program for the purpose of guaranteeing loans for the expansion or development of child care and child development centers in the state. The program shall contain any moneys required by law to be deposited in the program, including, but not limited to, any moneys appropriated by the state, premiums and fees for guaranteeing loans, and proceeds from the sale, disposition, lease or rental of collateral relating to loan guarantees. Any balance remaining in the program at the end of any fiscal year shall be carried forward in the program for the fiscal year next succeeding. The program shall be used to guarantee loans pursuant to subsection (b) of this section and to pay reasonable and necessary expenses incurred for administration under this section. The Commissioner of Education may enter into a contract with a quasi-public agency, banking institution or nonprofit corporation to provide for the administration of the program, provided no loan guarantee shall be made from the program without the authorization of the commissioner as provided in subsection (b) of this section. The total aggregate amount of guarantees from the program, with respect to the insured portions of the loan, may not exceed at any one time an amount equal to three times the balance in the guarantee program.

      (b) The state, acting by and in the discretion of the Commissioner of Education, may guarantee the repayment of loans, including, but not limited to, principal and interest, to a lending institution that has provided funding for the construction, reconstruction, rehabilitation or improvement of child care and child development facilities. The total aggregate of any loan guarantee under this section shall be not less than twenty per cent and shall not exceed fifty per cent of the principal amount of the obligation, as determined by approved underwriting standards approved by the commissioner, and upon such terms and conditions as the commissioner may prescribe. The term of any loan guarantee shall be determined by the useful life of the improvement but in no event shall exceed thirty years. The commissioner shall arrange by contract with each lending institution or the borrower to safeguard the interests of the program in the event of a default by the borrower, including, at the discretion of the commissioner, provision for notice to the program of default by the borrower, for foreclosure or other realization upon any security for the loan, for the time and conditions for payment to the lending institution by the program of the amount of any loss to the lending institution guaranteed by the program and for the disposition of the proceeds realized from any security for the loan guaranteed. When it appears desirable for a temporary period upon default or threatened default by the borrower, the commissioner may authorize payments of installments of principal or interest, or both, from the program to the lending institution, and of taxes and insurance, which payments shall be repaid under such conditions as the program may prescribe and the program may also agree to revise terms of financing when such appears pertinent. Upon request of the lending institution, the commissioner may at any time, under such equitable terms and conditions as it may prescribe, consent to the release of the borrower from his liability under the loan or consent to the release of parts of any secured property from the lien of the lending institution.

      (c) Priority for loan guarantees shall be given to financing child care centers and child development centers that (1) have obtained accreditation from the National Association for the Education of Young Children or have an application pending for such accreditation, and (2) are included in a local school readiness plan, and (3) shall promote the colocation of programs endorsed by the Commissioners of Education and Social Services pursuant to section 4b-31. School readiness programs, licensed child care providers or nonprofit developers of a child care center operating under a legally enforceable agreement with child care providers are eligible for such guaranteed loans.

      (d) The Commissioner of Education may adopt regulations, in accordance with the provisions of chapter 54, to establish procedures and qualifications for application for guarantees under this section.

      (P.A. 97-259, S. 14, 41; P.A. 11-44, S. 98.)

      History: P.A. 97-259 effective July 1, 1997; P.A. 11-44 amended Subsecs. (a), (b) and (d) by replacing "Commissioner of Social Services" with "Commissioner of Education", effective July 1, 2011.

      Sec. 17b-749h. Child care facilities direct revolving loan program. Regulations. (a) There is established a program to be known as the "child care facilities direct revolving loan program". The program shall contain any moneys required by law to be deposited in the program, including, but not limited to, any moneys appropriated by the state, premiums, fees, interest payments and principal payments on direct loans and proceeds from the sale, disposition, lease or rental of collateral relating to direct loans. Any balance remaining in the program at the end of any fiscal year shall be carried forward in the program for the next succeeding fiscal year. The program shall be used to make loans pursuant to subsection (b) of this section, to make loan guarantees and to pay reasonable and necessary expenses incurred in administering loans and loan guarantees under this section. The Commissioner of Education may enter into a contract with a quasi-public agency, banking institution or nonprofit corporation to provide for the administration of the loan program, provided no loan or loan guarantee shall be made from the fund without the authorization of the commissioner as provided in subsection (b) of this section.

      (b) The state, acting by and in the discretion of the Commissioner of Education, may enter into a contract to provide financial assistance in the form of interest-free loans, deferred loans or guaranteed loans to child care providers or to nonprofit developers of a child care facility operating under a legally enforceable agreement with a child care provider, for costs or expenses incurred and directly connected with the expansion, improvement or development of child care facilities. Such costs and expenses may include: (1) Advances of loan proceeds for direct loans; (2) expenses incurred in project planning and design, including architectural expenses; (3) legal and financial expenses; (4) expenses incurred in obtaining required permits and approvals; (5) options to purchase land; (6) expenses incurred in obtaining required insurance; (7) expenses incurred in meeting state and local child care standards; (8) minor renovations and upgrading child care facilities to meet such standards and loans for the purpose of obtaining licensure under section 19a-77; (9) purchase and installation of equipment, machinery and furniture, including equipment needed to accommodate children with special needs; and (10) other preliminary expenses authorized by the commissioner. Loan proceeds shall not be used for the refinancing of existing loans, working capital, supplies or inventory.

      (c) The amount of a direct loan under this section may be up to eighty per cent of the total amount of investment but shall not exceed twenty-five thousand dollars for such facility as determined by the commissioner except that if an applicant for a loan under this section has an existing loan that is guaranteed by the child care facilities loan guarantee program, established under section 17b-749g, the direct loan provided under this section shall not exceed twenty per cent of the investment. The amount of any guarantee and a direct loan under this section shall not exceed eighty per cent.

      (d) Each provider applying for a loan under this section shall submit an application, on a form provided by the commissioner that shall include, but is not limited to, the following information: (1) A detailed description of the proposed or existing child care facility; (2) an itemization of known and estimated costs; (3) the total amount of investment required to expand or develop the child care facility; (4) the funds available to the applicant without financial assistance from the department; (5) the amount of financial assistance sought from the department; (6) information relating to the financial status of the applicant, including, if available, a current balance sheet, a profit and loss statement and credit references; and (7) evidence that the loan applicant shall, as of the loan closing, own, have an option to purchase or have a lease for the term of the loan. Security for the loan may include an assignment of the lease or other subordination of any mortgage and the borrower shall be in default if the loan is not used for the intended purpose.

      (e) Payments of principal and interest on such loans shall be paid to the State Treasurer for deposit in the child care facilities direct revolving loan program established in subsection (a) of this section.

      (f) The Commissioner of Education may adopt regulations, in accordance with chapter 54, to carry out the provisions of this section. Such regulations may clarify loan procedures, repayment terms, security requirements, default and remedy provisions, and such other terms and conditions as said commissioner shall deem appropriate.

      (P.A. 97-259, S. 16, 41; P.A. 99-230, S. 8, 10; P.A. 11-44, S. 99.)

      History: P.A. 97-259 effective July 1, 1997; P.A. 99-230 amended Subsec. (c) to increase the cap from $10,000 to $25,000, effective July 1, 1999; P.A. 11-44 amended Subsecs. (a), (b) and (f) by replacing "Commissioner of Social Services" with "Commissioner of Education", effective July 1, 2011.

      Sec. 17b-749i. Facilities operating child care programs financed through the Connecticut Health and Educational Facilities Authority. Within appropriations available to the State Treasurer for child care facilities, not already allocated toward debt service for specific child care facilities, the Commissioner of Education may, upon submission of a request by a facility operating a child care program that is financed with tax-exempt or taxable bonds issued through the Connecticut Health and Educational Facilities Authority, allow actual debt service, comprised of principal, interest and premium, if any, on the loan or loans, a debt service reserve fund and a reasonable repair and replacement reserve to be paid, provided such debt service terms and amounts are determined by the commissioner, at the time the loan is entered into, to be reasonable in relation to the useful life and base value of the property.

      (P.A. 97-259, S. 29, 41; June Sp. Sess. P.A. 99-1, S. 15, 51; P.A. 11-44, S. 100.)

      History: P.A. 97-259 effective July 1, 1997; June Sp. Sess. P.A. 99-1 added provision that payments are to be made within available appropriations to the Treasurer for child care facilities, not already allocated toward debt service for specific child care facilities, effective July 1, 1999; P.A. 11-44 replaced "Commissioner of Social Services" with "Commissioner of Education", effective July 1, 2011.

      Sec. 17b-749l. Child care subsidy program. Notice of program changes and intake closure. Section 17b-749l is repealed, effective May 24, 2011.

      (P.A. 10-133, S. 3; P.A. 11-18, S. 3.)