Senate Bill No. 3001
               Senate Bill No. 3001

   June 18 Special Session, PUBLIC ACT NO. 97-7


AN ACT CONCERNING CHILD SUPPORT REFORM.

    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section   4a-18  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    To  assist  in   locating   parents  who  have
deserted their children  and  other persons liable
for support of  dependents,  the  Commissioner  of
Administrative  Services,  the   Commissioner   of
Public  Safety  or   the  Commissioner  of  Social
Services may request and shall receive information
from  the  records  of  all  departments,  boards,
bureaus   or   other   agencies,   INCLUDING   LAW
ENFORCEMENT AGENCIES of  this  state  and the same
are  authorized  and   required  to  provide  such
information  promptly as  is  necessary  for  this
purpose,  provided,  only   information   directly
bearing  on the  identity  and  whereabouts  of  a
person owing or asserted to be owing an obligation
of support shall be furnished by such departments,
boards, bureaus or other agencies as requested and
used  or  transmitted   by   the  Commissioner  of
Administrative  Services,  the   Commissioner   of
Public  Safety  or   the  Commissioner  of  Social
Services pursuant to  the  authority  conferred by
this section. The Commissioner of Social Services,
acting   by   [the   Connecticut   child   support
enforcement  unit  of  the  Department  of  Social
Services] AND THROUGH  THE  IV-D  AGENCY, may make
such  information  available   only   to   FEDERAL
AGENCIES AND public officials and agencies of this
state, other states and the political subdivisions
of this state  and  other states seeking to locate
parents who have deserted their children and other
persons liable for  support  of dependents for the
purpose of enforcing their liability for support.
    Sec. 2. Section  7-42  of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    Each  registrar  of   vital  statistics  shall
ascertain as accurately  as  he  can all marriages
and deaths, and  all births, upon the affidavit of
the father or  mother,  occurring in his town, and
record the same in a book or books kept by him for
that  purpose,  in   such   form   and  with  such
particulars as are prescribed by the Department of
Public Health. He  shall  give  licenses to marry,
according to provisions  of  law;  shall  make and
perfect all records  of the birth and death of the
persons born or  deceased  in  his town, and, when
any birth or death happens of which no certificate
is returned to  him,  shall obtain the information
required by law respecting such birth or death. HE
SHALL INCLUDE THE  SOCIAL SECURITY NUMBERS OF BOTH
PERSONS  ON  ALL   MARRIAGE   LICENSES.  He  shall
distribute to all  persons in his town who, in his
judgment, are likely to need them, blank forms for
the certificates and returns required by law to be
made  to  him;   shall   amend   or  correct  such
certificates and the  records  thereof whenever he
discovers errors upon  the face thereof, and shall
insert  or  supply   therein  omissions  of  facts
existing at the  time  of  the  recording  of such
certificates except that  all  errors or omissions
concerned with questions  of  parentage  shall  be
within the sole  jurisdiction of the Department of
Public Health as  provided  in  section 19a-42, AS
AMENDED BY SECTION  12 OF THIS ACT; and shall keep
the records of  his office, when a fire-proof safe
is  not  provided  for  his  use,  in  the  vaults
provided for the land records of his town. He may,
with the approval  of  the  Department  of  Public
Health, store any  records not in current use in a
location other than  his  office  or  said vaults,
provided such location  shall  be  approved by the
Public Records Administrator,  and  provided  such
location is within  the  limits  of  such town. He
shall, on or before the seventh day of each month,
send  to the  Commissioner  of  Public  Health  an
attested  copy  of   each   certificate  of  death
received  by  him  for  the  calendar  month  next
preceding  or  a   notification   that   no   such
certificate has been received and on or before the
fifteenth day of  every  month an attested copy of
each certificate of  birth and of each certificate
of marriage received  by  him  for  the month next
preceding  or  a   notification   that   no   such
certificate   has   been   received.   Both   such
notifications shall be in a form prescribed by the
Department of Public  Health.  The registrar shall
also  transmit  from   time   to   time   to  said
commissioner  an  attested   copy   of  all  other
certificates of births, marriages and deaths which
he acquires in amending or completing his records.
The copy shall be made in a form prescribed by the
Department  of  Public   Health  and  upon  blanks
provided   by   said    department.    Copies   of
certificates  of  births,  marriages  and  deaths,
transmitted to said  commissioner  as  required in
this  section,  shall   be   plain   and   legible
transcripts of the  certificates.  If a transcript
is illegible, in  the opinion of the commissioner,
he shall require  of  the  registrar  another copy
legibly  transcribed.  When   a  registrar  having
custody of an  original of a certificate of birth,
marriage or death  corrects  the  certificate,  he
shall,  within  ten   days,   forward  an  amended
certificate to any  registrar having a copy of the
certificate. Each registrar  shall  inscribe  upon
the back of each certificate of birth, marriage or
death  received  for   record   the  date  of  its
reception.  Each  registrar  of  vital  statistics
shall also transmit  to  the  registrars of voters
for his town  a  notice of the death of any person
seventeen years of  age or older, at the same time
the registrar transmits  the  attested copy of the
certificate  of  death  for  such  person  to  the
Commissioner of Public Health under this section.
    Sec. 3. Section  7-48  of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) Not later  than  ten  days after each live
birth  which  occurs   in   this  state,  a  birth
certificate shall be  filed  with the registrar of
vital statistics in  the  town  in which the birth
occurred and the  certificate  shall be registered
if properly filed.  On  and after January 1, 1994,
each hospital with two hundred or more live births
in calendar year  1990, or any subsequent calendar
year,   shall   electronically    transmit   birth
information  data  to  the  Department  of  Public
Health  in a  computer  format  approved  by  said
department. Each birth  certificate  shall contain
such  information  as  the  Department  of  Public
Health may require. Medical and health information
which is required  by  the  department,  INCLUDING
INFORMATION REGARDING VOLUNTARY ACKNOWLEDGMENTS OF
PATERNITY AND WHETHER  THE  CHILD  WAS BORN OUT OF
WEDLOCK,  shall  be  recorded  on  a  confidential
portion of the  certificate to be sent directly to
the   department  for   statistical   and   health
purposes.  This  confidential   portion  shall  be
destroyed  at  the   end   of   three  years.  The
department  shall  give   due   consideration   to
national  uniformity  in   vital   statistics   in
prescribing  the  form   and   content   of   such
certificate.
    (b) When a  birth  occurs in an institution or
en route thereto,  the  person  in  charge  of the
institution or his designated representative shall
complete the certificate,  secure  the  signatures
required  and  file   the   certificate  with  the
registrar of vital statistics in the town in which
the birth occurred,  not later than ten days after
such  birth. The  physician  in  attendance  shall
provide the medical  information  required  by the
certificate and certify  to  the fact of birth not
later than seventy-two  hours  after the birth. If
the physician does  not  certify  to  the  fact of
birth  within such  time  period,  the  person  in
charge of the  institution shall complete and sign
the certificate.
    (c)   When   a   birth   occurs   outside   an
institution, the certificate shall be prepared and
filed by the physician or midwife in attendance at
or immediately after  the birth or, in the absence
of such a person, by the father or mother.
    (d) When a birth occurs in a moving conveyance
and the child is first removed from the conveyance
in this state,  the  birth  shall be registered in
this state and  the place where the child is first
removed shall be considered the place of birth.
    Sec. 4. Section  7-50  of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    No  certificate of  birth  shall  contain  any
specific statement that  the  child was born in or
out of wedlock or reference to illegitimacy of the
child or to  the  marital  status  of  the mother,
[The] EXCEPT THAT INFORMATION ON WHETHER THE CHILD
WAS BORN IN  OR  OUT  OF  WEDLOCK  AND THE MARITAL
STATUS  OF THE  MOTHER  SHALL  BE  RECORDED  ON  A
CONFIDENTIAL PORTION OF  THE  CERTIFICATE PURSUANT
TO SECTION 7-48,  AS  AMENDED BY SECTION 3 OF THIS
ACT. UPON THE FILING OF A VOLUNTARY ACKNOWLEDGMENT
OR  ADJUDICATION OF  PATERNITY  IN  THE  PATERNITY
REGISTRY MAINTAINED BY  THE  DEPARTMENT  OF PUBLIC
HEALTH, AS REQUIRED  BY SECTION 6 OF THIS ACT, THE
name of the  father of a child born out of wedlock
[may]  SHALL be  entered  in  or  upon  the  birth
certificate or birth  record  of such child. [with
the written consent  of the father and the mother.
In any case  in  which  paternity  of  a  child is
determined by a  court  of competent jurisdiction,
the name of  the  father  and surname of the child
shall  be entered  on  the  birth  certificate  in
accordance  with  the   order   of   the   court.]
THEREAFTER,  THE  NAME   OF  THE  FATHER  ON  SUCH
CERTIFICATE OR RECORD  SHALL BE REMOVED OR CHANGED
ONLY UPON THE  FILING  OF  A  RESCISSION  IN  SUCH
REGISTRY, AS PROVIDED IN SECTION 6 OF THIS ACT, OR
UPON  THE  ORDER   OF   A   COURT   OF   COMPETENT
JURISDICTION. The social  security  number  of the
father of a  child  born  out  of  wedlock  may be
entered in or  upon the birth certificate or birth
record of such child if such disclosure is done in
accordance with 5 USC 552a note.
    Sec. 5. Subsection (b) of section 7-62b of the
general statutes is  repealed and the following is
substituted in lieu thereof:
    (b) The licensed  funeral director or licensed
embalmer in charge  of  the burial of the deceased
person shall complete  the  death certificate on a
form provided by  the  Department of Public Health
and  shall  file   it   in   accordance  with  the
provisions of this section, except when inquiry is
required by the  Chief  Medical Examiner's Office,
in which case the death certificate shall be filed
in accordance with  section  19a-409.  THE  SOCIAL
SECURITY NUMBER OF  THE  DECEASED  PERSON SHALL BE
RECORDED  ON  SUCH   CERTIFICATE.   Such  licensed
funeral director or licensed embalmer shall obtain
the personal data from the next of kin or the best
qualified person or  source  available  and  shall
obtain a medical  certification  from  the  person
responsible  therefor,  in   accordance  with  the
provisions  of  this   section.  Only  a  licensed
embalmer may assume  charge  of  the  burial  of a
deceased  person  who  died  from  a  communicable
disease, as designated  in the Public Health Code,
and such licensed  embalmer  shall  file the death
certificate and a  certificate signed and sworn to
by himself or  another  licensed  embalmer stating
that the body  has  been disinfected in accordance
with the Public Health Code.
    Sec.    6.    (NEW)    All    (1)    voluntary
acknowledgements of paternity  and  rescissions of
such acknowledgements executed  in accordance with
subsection (a) of  section  46b-172 of the general
statutes, as amended  by  section  23 of this act,
and (2) adjudications  of  paternity  issued  by a
court or family  support  magistrate under section
46b-171 of the  general  statutes,  as  amended by
section 22 of  this  act,  section 46b-172a of the
general statutes, as amended by section 24 of this
act,  or  any   other  provision  of  the  general
statutes shall be  filed in the paternity registry
maintained by the Department of Public Health. All
information  in  such   registry   shall  be  made
available  to  the  IV-D  agency,  as  defined  in
subdivision  (12) of  subsection  (b)  of  section
46b-231 of the  general  statutes,  as  amended by
sections 26 and  36  of  this  act, for comparison
with  information  in   the  state  case  registry
established  under  subsection   (l)   of  section
17b-179 of the  general  statutes,  as  amended by
section 10 of this act.
    Sec. 7. Section 17b-27 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) Each hospital  or  other institution where
births  occur  shall  develop  a  protocol  for  a
hospital-based    voluntary   acknowledgment    of
paternity  program  as   provided  in  regulations
adopted  pursuant  to   subsection   (b)  of  this
section,  which  shall   be  consistent  with  the
provisions of SUBSECTION  (a)  OF section 46b-172,
AS  AMENDED  BY  SECTION  23  OF  THIS  ACT.  Such
protocol shall assure  that  the  participants are
informed, are competent to understand and agree to
an affirmation or  acknowledgement  of  paternity,
and that any  such  affirmation or acknowledgement
is voluntary and free from coercion.
    (b) The Commissioner  of Social Services shall
adopt regulations in accordance with chapter 54 to
implement the provisions of SUBSECTION (a) OF this
section. Such regulations  shall  include, but not
be  limited to,  provisions  (1)  to  assure  that
affirmations  of  paternity   by  the  mother  and
acknowledgments  of  paternity   by  the  putative
father are voluntary  and  free  from coercion and
(2) to establish  the  contents  of  notices which
shall  be  provided  to  the  mother  and  to  the
putative    father    before     affirmation    or
acknowledgement. The notice  to  the  mother shall
include, but not  be  limited  to, notice that the
affirmation of paternity  may  result in rights of
custody and visitation,  as  well  as  a  duty  of
support, in the  person  named  as the father. The
notice to the  putative  father shall include, but
not be limited to, notice that he has the right to
contest   paternity,  including   the   right   to
appointment  of  counsel,   a   genetic   test  to
determine paternity, and  A  trial  by  [jury] THE
SUPERIOR COURT OR A FAMILY SUPPORT MAGISTRATE, and
that acknowledgement of  paternity  will  make him
liable for the  financial  support  of  the  child
until the child's eighteenth birthday. In no event
shall the mother's  failure to sign an affirmation
of  paternity  in   the   hospital  be  considered
noncooperation with the  establishment  of support
for  the  purposes  of  eligibility  for  [aid  to
families   with  dependent   children]   TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES.
    (c)  THE DEPARTMENT  OF  PUBLIC  HEALTH  SHALL
ESTABLISH A VOLUNTARY  ACKNOWLEDGMENT OF PATERNITY
SYSTEM   CONSISTENT   WITH   THE   PROVISIONS   OF
SUBSECTION (a) OF  SECTION  46b-172, AS AMENDED BY
SECTION 23 OF THIS ACT.
    Sec. 8. Section 17b-90 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) The commissioner  shall  make  regulations
necessary  to  enable   him   to   carry  out  the
provisions of sections  17b-22,  17b-75 to 17b-77,
inclusive, 17b-79 to  17b-103, inclusive, 17b-114,
17b-180 to 17b-183, inclusive, 17b-260 to 17b-262,
inclusive, 17b-264 to  17b-285, inclusive, 17b-357
to  17b-362,  inclusive,   17b-600   to   17b-604,
inclusive,  17b-807  and  17b-808,  including  any
regulations necessary for  receiving  grants  from
the  federal  government  to  this  state  if  the
absence of any such regulation would result in the
loss of such  grants and regulations governing the
custody and use  of the records, papers, files and
communications concerning persons  applying for or
receiving  assistance under  said  sections.  When
names  and  addresses   of   recipients   of  such
assistance are required  by law to be furnished to
or  held by  any  other  government  agency,  such
agency  shall adopt  regulations  to  prevent  the
publication of lists  thereof  or  their  use  for
purposes   not   directly   connected   with   the
administration of said sections.
    (b)  No  person  shall,  except  for  purposes
directly  connected  with  the  administration  of
programs of the  Department of Social Services and
in  accordance  with   the   regulations   of  the
commissioner, solicit, disclose,  receive  or make
use   of,   or    authorize,   knowingly   permit,
participate in or  acquiesce  in  the  use of, any
list  of  the   names   of,   or  any  information
concerning,  persons  applying  for  or  receiving
assistance from the  Department of Social Services
or persons participating in a program administered
by said department, directly or indirectly derived
from the records,  papers, files or communications
of the state  or  its subdivisions or agencies, or
acquired  in the  course  of  the  performance  of
official duties; provided  the state Department of
Social  Services  shall   disclose   (1)   to  any
authorized representative of  the  Commissioner of
Administrative  Services or  the  Commissioner  of
Public  Safety  such   information  as  the  state
Commissioner  of  Social  Services  determines  is
directly  related  to   and   necessary   for  the
Department  of  Administrative   Services  or  the
Department  of  Public   Safety  for  purposes  of
performing their functions  of  collecting  social
services recoveries and  overpayments  or  amounts
due  as  support   in   social   services   cases,
investigating social services  fraud  or  locating
absent parents of public assistance recipients; or
(2)  to  any   authorized  representative  of  the
Commissioner of Children  and Families the address
and telephone number  of  a child or the immediate
family of a  child  receiving  services  from  the
Department of Social  Services if the Commissioner
of  Children  and  Families  has  determined  that
imminent danger to  such child's health, safety or
welfare    exists;   and    provided    no    such
representative  shall  disclose   any  information
obtained thereby except to carry out such purpose.
    (c)  IN IV-D  SUPPORT  CASES,  AS  DEFINED  IN
SUBDIVISION  (13) OF  SUBSECTION  (b)  OF  SECTION
46b-231, AS AMENDED  BY SECTIONS 26 AND 36 OF THIS
ACT, IN ADDITION TO THE PROHIBITIONS OF SUBSECTION
(b)  OF THIS  SECTION,  NO  INFORMATION  SHALL  BE
RELEASED CONCERNING THE  WHEREABOUTS  OF ONE PARTY
TO ANOTHER PARTY  (1)  AGAINST  WHOM  A PROTECTIVE
ORDER, A RESTRAINING  ORDER OR A STANDING CRIMINAL
RESTRAINING ORDER WITH RESPECT TO THE FORMER PARTY
IS IN EFFECT,  OR (2) IF THE DEPARTMENT HAS REASON
TO BELIEVE THAT THE RELEASE OF THE INFORMATION MAY
RESULT IN PHYSICAL OR EMOTIONAL HARM TO THE FORMER
PARTY.
    [(c)] (d) The  Commissioner of Social Services
shall provide written  notice to a person applying
for or receiving assistance from the Department of
Social Services or  a  person  participating  in a
program administered by  said department that such
person's  address  and  telephone  number  may  be
provided  to  the   Department   of  Children  and
Families pursuant to subdivision (2) of subsection
(b) of this section.
    [(d)] (e) Penalties  prescribed  by subsection
(b) of section 17b-97 shall apply to violations of
this section.
    Sec.  9.  Section   17b-137   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) Any person  who  has  in his possession or
control any property of any person applying for or
presently or formerly  receiving  aid  or  care OR
CHILD SUPPORT ENFORCEMENT  SERVICES, AS DEFINED IN
SUBDIVISION  (2)  OF  SUBSECTION  (b)  OF  SECTION
46b-231, AS AMENDED  BY SECTIONS 26 AND 36 OF THIS
ACT, from the  state  or  who  is indebted to such
applicant or recipient  or  has  knowledge  of any
insurance, including health  insurance or property
currently  or  formerly   belonging   to  him,  or
information pertaining to eligibility for such aid
or care OR  SERVICES,  and  any  officer  who  has
control  of  the   books   and   accounts  of  any
corporation which has possession or control of any
property belonging to  any  person applying for or
receiving such aid  or  care OR SERVICES or who is
indebted  to  him,   or   has   knowledge  of  any
insurance,  including  health   insurance  or  any
person  having in  his  employ  any  such  person,
shall, upon presentation  by  the  Commissioner of
Social   Services,   or    the   Commissioner   of
Administrative Services, or  the  Commissioner  of
Public Safety, or a support enforcement officer of
the Superior Court, or any person deputized by any
of them, of  a certificate, signed by him, stating
that such applicant,  recipient  or  employee  has
applied for or  is  receiving or has received SUCH
aid or care  OR SERVICES from the state, make full
disclosure to said  commissioner,  such officer or
such  deputy  of  any  such  property,  insurance,
wages, indebtedness or information. At the request
of the Commissioner  of Social Services, insurance
companies licensed to  do  business in Connecticut
shall be required,  when  compatible data elements
are available, to  conduct  automated data matches
to identify insurance  coverage for recipients and
the parents of  recipients  who  are  minors. Upon
completion of such  matches the commissioner shall
reimburse  such  companies   for   the  reasonable
documented costs of  conducting  the matches. Such
disclosure may be  obtained  in like manner of the
property,  wages or  indebtedness  of  any  person
liable for the  support  of  any such applicant or
recipient,  including the  parents  of  any  child
receiving aid OR  SERVICES under the provisions of
sections 17a-90 to  17a-124, inclusive, 17a-145 to
17a-155, inclusive, 17a-175 to 17a-185, inclusive,
17b-179, AS AMENDED BY SECTION 10 OF THIS ACT, and
46b-151 to 46b-151g, inclusive, or one adjudged or
acknowledged to be  the  father of an illegitimate
child. Any company  or any officer who has control
of the books and accounts of any corporation shall
make  full  disclosure  to  the  IV-D  AGENCY,  AS
DEFINED IN SUBSECTION  (12)  OF  SUBSECTION (b) OF
SECTION 46b-231, AS  AMENDED BY SECTIONS 26 AND 36
OF THIS ACT, OR TO THE support enforcement officer
of the Superior  Court of any such property, wages
or indebtedness in  all  support  cases, INCLUDING
IV-D SUPPORT CASES, AS DEFINED IN SUBDIVISION (13)
OF SUBSECTION (b)  OF  SECTION 46b-231, AS AMENDED
BY  SECTIONS  26   AND   36   OF   THIS  ACT.  The
Commissioner of Social  Services, the Commissioner
of Administrative Services,  the  Commissioner  of
Public Safety or  a support enforcement officer of
said court, or  any  person  deputized  by  any of
them, may compel,  by subpoena, the attendance and
testimony under oath  of any person who refuses to
disclose in accordance with the provisions of this
section, or of  any  person liable for the support
of any such  applicant or recipient who refuses to
disclose his own  financial circumstances, and may
so  compel the  production  of  books  and  papers
pertaining to such  information.  The Commissioner
of  Social Services  may  subpoena  the  financial
records of any  financial  institution  concerning
property of any  person  applying for or presently
or formerly receiving  aid  or care from the state
or who is indebted to such applicant or recipient.
The Commissioner of  Social  Services may subpoena
such records of any parent or parents of any child
applying for or  presently  or  formerly receiving
assistance  under  the   provisions   of  sections
17b-22, 17b-180 to 17b-183, inclusive, 17b-807 and
17b-808.   The   commissioner,    or   a   support
enforcement officer of  said  court, or the person
deputized by him  shall  set  a time and place for
such examination, and  any  person  summoned  who,
without reasonable excuse,  fails  to  appear  and
testify or to  produce such books and papers shall
be fined fifty dollars for each such offense.
    (b) (1) NOTWITHSTANDING  ANY PROVISIONS OF THE
GENERAL STATUTES TO  THE CONTRARY, THE IV-D AGENCY
SHALL HAVE ACCESS,  INCLUDING  AUTOMATED ACCESS IN
THE CASE OF  RECORDS  MAINTAINED IN AUTOMATED DATA
BASES, TO INFORMATION CONTAINED IN THE FOLLOWING:
    (A)  RECORDS  OF   OTHER   STATE   AND   LOCAL
GOVERNMENT   AGENCIES,   INCLUDING:    (i)   VITAL
STATISTICS, INCLUDING RECORDS  OF MARRIAGE, BIRTH,
DEATH AND DISSOLUTION  OF MARRIAGE; (ii) STATE AND
LOCAL   TAX   AND   REVENUE   RECORDS,   INCLUDING
INFORMATION ON RESIDENCE ADDRESS, EMPLOYER, INCOME
AND  ASSETS; (iii)  RECORDS  CONCERNING  REAL  AND
TITLED   PERSONAL  PROPERTY;   (iv)   RECORDS   OF
OCCUPATIONAL AND PROFESSIONAL LICENSES AND RECORDS
CONCERNING   THE   OWNERSHIP    AND   CONTROL   OF
CORPORATIONS,  PARTNERSHIPS  AND   OTHER  BUSINESS
ENTITIES; (v) EMPLOYMENT  SECURITY  RECORDS;  (vi)
RECORDS   OF   AGENCIES    ADMINISTERING    PUBLIC
ASSISTANCE   PROGRAMS;  (vii)   RECORDS   OF   THE
DEPARTMENT OF MOTOR  VEHICLES;  AND (viii) RECORDS
OF THE DEPARTMENT OF CORRECTION.
    (B) CERTAIN RECORDS  HELD  BY PRIVATE ENTITIES
WITH RESPECT TO  INDIVIDUALS  WHO  OWE OR ARE OWED
SUPPORT, OR AGAINST  OR  WITH  RESPECT  TO  WHOM A
SUPPORT ORDER IS  SOUGHT,  CONSISTING  OF: (i) THE
NAMES AND ADDRESSES  OF  SUCH  INDIVIDUALS AND THE
NAMES  AND ADDRESSES  OF  THE  EMPLOYERS  OF  SUCH
INDIVIDUALS, AS APPEARING  IN  CUSTOMER RECORDS OF
PUBLIC UTILITIES AND  CABLE  TELEVISION COMPANIES,
PURSUANT TO A SUBPOENA ISSUED UNDER SUBSECTION (a)
OF THIS SECTION;  AND  (ii) INFORMATION, INCLUDING
INFORMATION ON ASSETS  AND  LIABILITIES,  ON  SUCH
INDIVIDUALS HELD BY FINANCIAL INSTITUTIONS.
    (2) (A) THE  IV-D  AGENCY  SHALL SAFEGUARD ALL
INFORMATION SECURED BY  OR  MADE  AVAILABLE  TO IT
PURSUANT TO SUBDIVISION (1) OF THIS SUBSECTION AND
SHALL NOT FURTHER  DISCLOSE  ANY  SUCH INFORMATION
EXCEPT IN CONNECTION  WITH  THE  ADMINISTRATION OF
THE TITLE IV-D PROGRAM.
    (B) ANY ENTITY  THAT  PROVIDES  ACCESS  TO  OR
DISCLOSES ANY INFORMATION  IN ACCORDANCE WITH THIS
SUBSECTION SHALL BE  RELIEVED  OF ANY LIABILITY TO
ANY PERSON FOR ANY SUCH PROVISION OR DISCLOSURE.
    (c)  (1)  THE   IV-D   AGENCY   AND  FINANCIAL
INSTITUTIONS, AS DEFINED  IN SECTION 469A(d)(1) OF
THE SOCIAL SECURITY  ACT,  DOING  BUSINESS IN THIS
STATE SHALL ENTER  INTO  AGREEMENTS TO DEVELOP AND
OPERATE A DATA  MATCH SYSTEM, USING AUTOMATED DATA
EXCHANGES TO THE MAXIMUM EXTENT FEASIBLE, IN WHICH
EACH SUCH FINANCIAL  INSTITUTION  IS  REQUIRED  TO
PROVIDE FOR EACH CALENDAR QUARTER THE NAME, RECORD
ADDRESS, SOCIAL SECURITY  NUMBER OR OTHER TAXPAYER
IDENTIFICATION   NUMBER  AND   OTHER   IDENTIFYING
INFORMATION  FOR  EACH   NONCUSTODIAL  PARENT  WHO
MAINTAINS AN ACCOUNT  AT  SUCH INSTITUTION AND WHO
OWES PAST-DUE SUPPORT,  AS  IDENTIFIED BY THE IV-D
AGENCY BY NAME AND SOCIAL SECURITY NUMBER OR OTHER
TAXPAYER IDENTIFICATION NUMBER. UPON COMPLETION OF
SUCH  MATCHES, THE  COMMISSIONER  SHALL  REIMBURSE
SUCH  FINANCIAL INSTITUTIONS  FOR  THE  REASONABLE
DOCUMENTED COSTS OF  CONDUCTING  THE  MATCHES. FOR
THE PURPOSES OF  THIS  SECTION,  "ACCOUNT" MEANS A
DEMAND  DEPOSIT ACCOUNT,  CHECKING  OR  NEGOTIABLE
WITHDRAWAL ORDER ACCOUNT,  SAVINGS  ACCOUNT,  TIME
DEPOSIT  ACCOUNT  OR   MONEY-MARKET   MUTUAL  FUND
ACCOUNT.
    (2)  A  FINANCIAL  INSTITUTION  SHALL  NOT  BE
LIABLE   TO  ANY   PERSON   FOR   (A)   DISCLOSING
INFORMATION TO THE  IV-D  AGENCY  PURSUANT TO THIS
SUBSECTION, (B) ENCUMBERING  OR  SURRENDERING  ANY
ASSETS HELD BY  SUCH  INSTITUTION IN RESPONSE TO A
NOTICE ISSUED UNDER  SUBSECTIONS  (d)  AND  (e) OF
SECTION 52-362d, AS  AMENDED BY SECTION 29 OF THIS
ACT, OR (C)  ANY  OTHER ACTION TAKEN IN GOOD FAITH
TO COMPLY WITH THE REQUIREMENTS OF SUBDIVISION (1)
OF THIS SUBSECTION.
    Sec.  10.  Section   17b-179  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) There is  created within the Department of
Social  Services  the   Bureau  of  Child  Support
Enforcement. The bureau shall be administered by a
director and shall  act as the single and separate
organizational  unit  to   coordinate,   plan  and
publish the state  child  support enforcement plan
for the implementation of Title IV-D of the Social
Security Act, as  amended,  as required by federal
law and regulations.  The bureau shall provide for
the development and  implementation  of  all child
support services, including  the administration of
withholding of earnings,  in  accordance  with the
provisions of Title  IV-D  of  the Social Security
Act, as amended.
    (b) The Commissioner of Social Services shall,
in  the  manner   provided   in   section  17b-81,
investigate the financial  condition of the parent
or parents of:  (1)  Any  child  applying  for  or
receiving  assistance  under   the  provisions  of
sections 17b-22, 17b-180  to  17b-183,  inclusive,
17b-807 and 17b-808,  and  (2)  any  child seeking
IV-D child support  enforcement  services, and (3)
any  child  committed   to   the   care   of   the
Commissioner  of  Children  and  Families  who  is
receiving payments in  the  aid  to  families with
dependent children foster  care program, and shall
determine the financial  liability  of such parent
or parents for  the  child.  The  Bureau  of Child
Support  Enforcement shall  have  authority,  upon
notice to the  obligor  AND  OBLIGEE,  to redirect
payments for the  support  of all such children to
the   state   of   Connecticut,   provided,   upon
discontinuance  of  public   assistance,  payments
shall be distributed to the family.
    (c) The Connecticut  Child Support Enforcement
Bureau  shall enter  into  cooperative  agreements
with  appropriate  officials   of   the   Judicial
Department and law enforcement officials to assist
in  administering the  child  support  enforcement
plan and with  respect  to other matters of common
concern in the  area of child support enforcement.
Officers  of  the   Judicial  Department  and  law
enforcement officials authorized  and  required to
enter  into  cooperative   agreements   with   the
Connecticut  Child  Support   Enforcement   Bureau
include, but are  not limited to, the officials of
the Superior Court  and the Attorney General. Such
cooperative agreements shall  contain  performance
standards to address  the  mandatory provisions of
both   state  and   federal   laws   and   federal
regulations concerning child support.
    (d) The Connecticut  Child Support Enforcement
Bureau shall have  authority  to  determine  on  a
periodic basis whether  any  individuals  who  owe
child    support   obligations    are    receiving
unemployment  compensation.  In  IV-D  cases,  the
bureau may authorize  the  collection  of any such
obligations  owed  by   an   individual  receiving
unemployment  compensation  through  an  agreement
with the individual  or  a court order pursuant to
section 52-362, AS  AMENDED  BY SECTION 28 OF THIS
ACT, under which  a  portion  of  the individual's
unemployment   compensation   is    withheld   and
forwarded to the  [Bureau  of Collection Services]
STATE  AGENCY  ACTING  BY  AND  THROUGH  THE  IV-D
AGENCY.  As  used   in   this  section,  the  term
"unemployment compensation" means any compensation
payable  under  chapter   567,  including  amounts
payable by the  administrator  of the unemployment
compensation law pursuant  to  an  agreement under
any  federal  law   providing   for  compensation,
assistance   or   allowances   with   respect   to
unemployment.
    (e) The Child Support Enforcement Bureau shall
enter into purchase  of  service  agreements  with
other state officials,  departments  and  agencies
which do not  have  judicial  or  law  enforcement
authority,  including  but  not  limited  to,  the
Commissioner of Administrative Services, to assist
in  administering the  child  support  enforcement
plan. The Child  Support  Enforcement Bureau shall
have authority to  enter into such agreements with
the   labor   commissioner    and    to   withhold
unemployment compensation pursuant  to  subsection
(d) of this section and section 31-227.
    (f) The Connecticut  Child Support Enforcement
Bureau shall have  the sole responsibility to make
referrals to the  federal  Parent  Locator Service
established pursuant to  88  Stat. 2353 (1975), 42
USC 653, as  amended,  for the purpose of locating
deserting parents.
    (g) The Connecticut  Child Support Enforcement
Bureau shall have  the sole responsibility to make
recommendations to the  Governor  and  the General
Assembly for needed  program legislation to ensure
implementation  of  Title   IV-D   of  the  Social
Security Act, as amended.
    (h) The Connecticut  Child Support Enforcement
Bureau  shall  provide,   or  arrange  to  provide
through  one  or   more   of  the  state  offices,
departments and agencies  the  same  services  for
obtaining and enforcing  child  support  orders in
cases in which  children  are not beneficiaries of
the  aid  to   families  with  dependent  children
program  as  in   cases  where  children  are  the
beneficiaries of such  aid.  SUCH  SERVICES  SHALL
ALSO  BE MADE  AVAILABLE  TO  RESIDENTS  OF  OTHER
STATES ON THE  SAME  TERMS AS TO RESIDENTS OF THIS
STATE. Support services  in non-AFDC support cases
will  be  provided   upon   application   to   the
Connecticut Bureau of Child Support Enforcement by
the person seeking  to  enforce  a  child  support
obligation and the  payment  of an application fee
by such person,  pursuant  to  the  provisions  of
subsection (i) of this section. In addition to the
application  fee, the  Connecticut  Child  Support
Enforcement Bureau may  assess  costs incurred for
the establishment, enforcement  or modification of
a support order in non-AFDC cases. Such assessment
shall be based  on  a  fee schedule adopted by the
Department of Social  Services pursuant to chapter
54. The fee  schedule  to  be  charged in non-AFDC
support  cases shall  be  made  available  to  any
individual  upon  request.   The   Child   Support
Enforcement Bureau shall  adopt procedures for the
notification of Superior  Court  judges and family
support magistrates when  a  fee has been assessed
an obligee for  support  services  and  a Superior
Court judge or  a  family support magistrate shall
order the obligor  to  pay  any such assessment to
the Child Support  Enforcement  Bureau.  In  cases
where such order is not entered, the obligee shall
pay an amount  based  on  a  sliding  scale not to
exceed  the  obligee's   ability   to   pay.   The
Department of Social  Services  shall  adopt  such
sliding scale pursuant to chapter 54.
    (i) In non-AFDC child support cases, the state
shall  impose an  application  fee  in  an  amount
necessary  to  comply   with   federal   law   and
regulations  under  Title   IV-D   of  the  Social
Security Act. The  amount  of  such  fee  shall be
established by regulations  adopted, in accordance
with  the  provisions   of   chapter  54,  by  the
Commissioner  of Social  Services  and  shall  not
exceed twenty-five dollars or such higher or lower
amount  as the  Secretary  of  the  Department  of
Health and Human  Services  may  determine  to  be
appropriate  for  any   fiscal   year  to  reflect
increases or decreases  in  administrative  costs.
The court in  which  a child support obligation is
sought to be  enforced  may  order  the obligor to
reimburse such application  fee. Recipients of aid
to families with  dependent  children  or Medicaid
assistance whose eligibility for aid is terminated
shall be entitled to continuation of child support
enforcement   services   without    requiring   an
application or the payment of an application fee.
    (j) The Commissioner  of  Social  Services  is
authorized to accept  for  deposit  in the General
Fund  all allotments  of  federal  funds,  and  to
conform to federal  requirements necessary for the
receipt  of  federal   matching   grants  and  not
prohibited by the general statutes, INCLUDING, BUT
NOT  LIMITED TO,  THE  DISTRIBUTION  OF  COLLECTED
SUPPORT  AND  THE   OPERATION   OF   AN  AUTOMATED
CENTRALIZED COLLECTION AND DISBURSEMENT UNIT.
    (k) Investigators employed  by  the Department
of Social Services  shall,  pursuant  to authority
granted to such investigators by the commissioner,
make service of  any summons, subpoena or citation
in IV-D support  cases in the Superior Court or in
the    Family   Support    Magistrate    Division.
Investigators  at  the   time   of  service  shall
coordinate with the  clerk  of  the Superior Court
and the assistant  clerk  of  the  Family  Support
Magistrate  Division  in   setting   a   date  for
appearance before the  court. When serving process
issued by such court, the date for such appearance
before the court  shall  be  not  less than twelve
days from the date of service.
    (l) The Connecticut  Child Support Enforcement
Bureau  shall  arrange   to   provide   a   single
centralized automated system  for the reporting of
collections on all  accounts  established  for the
collection  of  all   IV-D  support  orders.  Such
reporting shall be  made  available  to the Family
Support  Magistrate  Division  and  to  all  state
agencies which have  a  cooperative agreement with
the IV-D agency.  ON  OR  BEFORE  OCTOBER 1, 1998,
SUCH AUTOMATED SYSTEM  SHALL  INCLUDE A STATE CASE
REGISTRY  WHICH  COMPLIES  WITH  FEDERAL  LAW  AND
REGULATIONS. THE STATE CASE REGISTRY SHALL CONTAIN
INFORMATION ON EACH  SUPPORT  ORDER ESTABLISHED OR
MODIFIED IN THIS STATE.
    (m) The Commissioner  of Social Services shall
adopt   regulations,  in   accordance   with   the
provisions of chapter  54,  which  shall establish
performance  standards to  address  the  mandatory
provisions of both  state  and  federal  laws  and
federal regulations concerning  child  support  as
well as establish additional standards that may be
deemed necessary in order to enhance child support
enforcement.
    (n) Each year, on or before January first, the
IV-D agency shall  submit  to  the  joint standing
committees   of  the   General   Assembly   having
cognizance of matters  relating  to  judiciary and
human services a  report  on  the execution of the
child support enforcement  program,  including the
status of compliance  with established performance
standards, during the preceding fiscal year.
    Sec.  11.  Section   17b-745  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) The Superior  Court  or  a  family support
magistrate  shall  have   authority  to  make  and
enforce  orders for  payment  of  support  to  the
Commissioner of Administrative Services OR IN IV-D
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 twenty-one or, on
and after October  1,  1972,  under  eighteen, 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  state  Department  of  Social
Services, as said  court finds, in accordance with
the  provisions  of   subsection  (b)  of  section
17b-179, AS AMENDED  BY  SECTION  10  OF THIS ACT,
section  17a-90,  17b-81,   17b-223,   46b-129  or
46b-130, to be  reasonably  commensurate  with the
financial ability of  any such relative. Any court
or family support  magistrate  called upon to make
or enforce such an order, including one based upon
a  determination consented  to  by  the  relative,
shall insure that  such  order  is  reasonable  in
light  of  the   relative's  ability  to  pay.  In
addition, the court  or  family support magistrate
[may order] SHALL INCLUDE IN EACH SUPPORT ORDER IN
A IV-D SUPPORT  CASE  A  PROVISION  FOR THE HEALTH
CARE COVERAGE OF  THE  CHILD  WHICH  PROVISION MAY
INCLUDE AN ORDER  FOR  either  parent  to name any
child  under eighteen  as  a  beneficiary  of  any
medical  or  dental   insurance  or  benefit  plan
carried by such parent or available to such parent
on a group  basis  through an employer or a union.
In  such  cases,   the  court  or  family  support
magistrate shall order the employer of such parent
to withhold from  such employee's compensation the
employee's share, if  any,  of premiums for health
coverage, except for  certain  circumstances under
which an employer  may  withhold  less  than  such
employee's  share of  such  premiums,  as  may  be
provided by regulation  of  the  Secretary  of the
United  States  Department  of  Health  and  Human
Services and pay  such  share  of  premiums to the
insurer. The amount  withheld shall not exceed the
maximum amount permitted  to  be  withheld  as set
forth in 15  USC 1673(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  shall  have  the  authority to
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.
However, any claims  for current or past due child
support shall take  priority  over any such claims
for the costs  of  such  services.  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. For  purposes  of this section, the
term  "father" shall  include  a  person  who  has
acknowledged in writing  his  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.  Said court or family
support magistrate shall  also  have  authority to
make and enforce  orders  for  the  payment by any
person   named   herein    of    unpaid    support
contributions for which  any such person is liable
in accordance with  the  provisions  of subsection
(b) of section  17b-179,  AS AMENDED BY SECTION 10
OF  THIS ACT,  section  17a-90,  17b-81,  17b-223,
46b-129 or 46b-130  OR,  IN  IV-D  CASES, TO ORDER
SUCH PERSON, PROVIDED  HE IS NOT INCAPACITATED, TO
PARTICIPATE IN WORK  ACTIVITIES WHICH 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. In
the determination of  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. The state shall
disclose  to the  court  any  information  in  its
possession concerning current  and past ability to
pay. With respect  to  such  orders  entered on or
after  October  1,  1991,  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 known or,  if  not known, based upon assistance
rendered to the  child.  Any finding as to support
due for periods  of time prior to the action which
is  made  without   information   concerning  past
ability  to  pay   shall  be  entered  subject  to
adjustment when such information becomes available
to the court.  Such  adjustment  may  be made upon
motion of any  party  within  four months from the
date upon which  the obligor receives notification
of (1) the  amount  of such finding of support due
for periods of  time  prior  to the action and (2)
the right within  four  months  of receipt of such
notification to present  evidence  as  to his past
ability to pay  support  for  such periods of time
prior to the  action.  All payments ordered by the
court or family  support  magistrate shall be made
to the Commissioner  of Administrative Services [,
either directly or through the Support Enforcement
Division of the  court]  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. 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. Proceedings  to  obtain  such
orders  of  support  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  him,  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  [in  court or] 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  he  has,  why the request for
relief in such petition should not be granted. The
verified petition, summons  and  order shall be on
forms prescribed by  the Office of the Chief Court
Administrator. Service may  be  made by a sheriff,
any proper officer or any investigator employed by
the  Department  of  Social  Services  or  by  the
Commissioner  of  Administrative   Services.   The
sheriff, 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 [in  court  or]  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.  Failure  of  any  such
defendant to obey any order of the court or Family
Support Magistrate Division  made hereunder 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  some  proper  officer  to
arrest such defendant  and  bring  him  before the
Superior Court for the contempt hearing. The costs
of commitment of  any  person  imprisoned therefor
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. In  addition  to  or  in lieu of such
contempt proceedings, the  court or family support
magistrate, upon a  finding  that  any  person has
failed to obey any order made hereunder, may issue
an  order  directing   that  [a  wage]  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, AS  AMENDED  BY SECTION 28 OF THIS
ACT, 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  [wage]  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  [wage] 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, AS  AMENDED  BY SECTION 28 OF THIS
ACT, until such  [wage]  INCOME  withholding order
and expenses are  fully  satisfied  and  paid,  or
until  such [wage]  INCOME  withholding  order  is
modified. No entry  fee, judgment fee or any other
court fee shall  be charged by the court to either
party  in  actions  under  this  section.  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, AS
AMENDED  BY  SECTION  9  OF  THIS  ACT,  shall  be
admissible  in  evidence  in  actions  under  this
section.
    (b) 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.  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 the  support  enforcement
division  in AFDC  support  cases  as  defined  in
SUBDIVISION  (14) OF  subsection  (b)  of  section
46b-231, AS AMENDED  BY SECTIONS 26 AND 36 OF THIS
ACT, 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 the procedure set forth in section
46b-197. 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, AS AMENDED  BY SECTIONS 26 AND 36 OF THIS
ACT, 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.
    Sec. 12. Subsection  (c)  of section 19a-42 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c) (1) Upon [written request of both parents,
receipt of a  sworn]  RECEIPT  OF  (A) A VOLUNTARY
acknowledgment of paternity  [signed]  EXECUTED IN
ACCORDANCE WITH THE  PROVISIONS  OF SUBSECTION (a)
OF SECTION 46b-172,  AS  AMENDED  BY SECTION 23 OF
THIS ACT, by  both  parents of a child born out of
wedlock, [and receipt  of  a  fee  of  twenty-five
dollars] OR (B)  A CERTIFIED COPY OF AN ORDER OF A
COURT OF COMPETENT  JURISDICTION  ESTABLISHING THE
PATERNITY OF A  CHILD  BORN  OUT  OF  WEDLOCK, the
Commissioner of Public  Health  [shall  amend the]
SHALL INCLUDE ON  OR  AMEND,  AS APPROPRIATE, SUCH
CHILD'S birth certificate  to  show such paternity
if paternity is  not  already  shown on [the] SUCH
birth certificate or  to change the surname of the
child  or both.  Such  certificate  shall  not  be
marked "Amended".
    (2) THE COMMISSIONER  SHALL  THEREAFTER  AMEND
SUCH CHILD'S BIRTH CERTIFICATE TO REMOVE OR CHANGE
THE  FATHER'S NAME  ONLY  UPON  THE  FILING  OF  A
RESCISSION IN THE  PATERNITY  REGISTRY ESTABLISHED
UNDER  SECTION 6  OF  THIS  ACT,  AS  PROVIDED  IN
SUBSECTION (a) OF  SECTION  46b-172, AS AMENDED BY
SECTION 23 OF  THIS  ACT,  OR  UPON THE ORDER OF A
COURT OF COMPETENT JURISDICTION.
    (3) A FEE  OF  TWENTY-FIVE  DOLLARS  SHALL  BE
CHARGED BY THE  DEPARTMENT  OF  PUBLIC  HEALTH FOR
EACH AMENDMENT TO  A  BIRTH  CERTIFICATE REQUESTED
PURSUANT TO THIS  SUBSECTION  WHICH REQUEST IS NOT
RECEIVED FROM A  HOSPITAL,  A  STATE  AGENCY  OR A
COURT OF COMPETENT JURISDICTION.
    Sec.  13.  Section   36a-42   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    A financial institution  may  not  disclose to
any  person,  except   to   the  customer  or  the
customer's duly authorized  agent,  any  financial
records  relating  to  such  customer  unless  the
customer has authorized  disclosure to such person
or the financial records are disclosed in response
to (1) a certificate signed by the Commissioner of
Administrative  Services or  the  Commissioner  of
Social  Services pursuant  to  the  provisions  of
section 17b-137, AS  AMENDED  BY SECTION 9 OF THIS
ACT, (2) a  lawful  subpoena,  summons, warrant or
court order as  provided  in  section  36a-43,  AS
AMENDED  BY  SECTION   14   OF   THIS   ACT,   (3)
interrogatories by a judgment creditor or a demand
by  a levying  officer  as  provided  in  sections
52-351b and 52-356a or (4) a certificate issued by
a  medical  provider   or   its   attorney   under
subsection  (b)  of   section   17b-124,  provided
nothing  in  this  subsection  shall  require  the
provider  or  its   attorney  to  furnish  to  the
financial institution any  application for medical
assistance filed under section 17b-259 OR PURSUANT
TO  AN  AGREEMENT   WITH  THE  IV-D  AGENCY  UNDER
SUBSECTION (e) OF  SECTION  17b-137, AS AMENDED BY
SECTION 9 OF THIS ACT.
    Sec. 14. Subsection  (c)  of section 36a-43 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c)  A financial  institution  shall  disclose
financial  records  pursuant   to  a  certificate,
signed  by  the   Commissioner  of  Administrative
Services or the Commissioner of Social Services in
accordance with the  provisions of section 36a-42,
AS AMENDED BY  SECTION 13 OF THIS ACT, OR PURSUANT
TO  AN  AGREEMENT   WITH  THE  IV-D  AGENCY  UNDER
SUBSECTION (c) OF  SECTION  17b-137, AS AMENDED BY
SECTION 9 OF THIS ACT.
    Sec. 15. Subsection (e) of section 38a-497a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (e) If a  parent  is required by a court or an
administrative order to  provide  health  coverage
for a child  and the parent is eligible for family
health coverage through an employer doing business
in the state,  such  employer  shall  permit  such
parent to enroll  such  child  under such coverage
without regard to any open enrolment restrictions.
If  a  parent   is  enrolled  but  fails  to  make
application to obtain  coverage  of  a  child, the
employer shall enroll such child under health care
coverage upon application  by  the  child's  other
parent or by  the Commissioner of Social services,
or his designee, when such child is eligible under
the Medicaid program or is receiving child support
enforcement services pursuant to Title IV-D of the
Social Security Act. IF A NONCUSTODIAL PARENT IN A
IV-D  CASE  PROVIDES  SUCH  COVERAGE  AND  CHANGES
EMPLOYMENT, AND THE  NEW  EMPLOYER PROVIDES HEALTH
CARE COVERAGE, THE  IV-D AGENCY OR AN AGENCY UNDER
COOPERATIVE  AGREEMENT  THEREWITH  SHALL  TRANSFER
NOTICE OF THE  PROVISION  FOR HEALTH CARE COVERAGE
TO SUCH NEW  EMPLOYER. THE NOTICE SHALL OPERATE TO
ENROLL  THE CHILD  IN  THE  NONCUSTODIAL  PARENT'S
HEALTH CARE PLAN  IF THAT PORTION OF THE OBLIGOR'S
INCOME WHICH IS SUBJECT TO WITHHOLDING PURSUANT TO
SUBSECTION (e) OF  SECTION  52-362,  AS AMENDED BY
SECTION 28 OF  THIS  ACT,  IS  SUFFICIENT TO COVER
BOTH THE SUPPORT  ORDER  AND HEALTH CARE COVERAGE.
AT THE TIME NOTICE IS TRANSFERRED TO THE EMPLOYER,
THE IV-D AGENCY  OR  AN  AGENCY  UNDER COOPERATIVE
AGREEMENT THEREWITH, SHALL  ALSO  CAUSE  A COPY OF
THE  NOTICE  OF   SUCH  TRANSFER  OF  HEALTH  CARE
COVERAGE TO BE DELIVERED TO THE OBLIGOR AND TO THE
CUSTODIAL  PARENT.  THE  NONCUSTODIAL  PARENT  MAY
CONTEST  SUCH  NOTICE   BY  FILING  A  MOTION  FOR
MODIFICATION WITH THE  FAMILY  SUPPORT MAGISTRATE.
An employer, subject  to  the  provisions  of this
section, shall not disenroll or eliminate coverage
of any such  child unless the employer is provided
satisfactory written evidence that: (1) A court or
an administrative order  for  health care coverage
is no longer  in effect; (2) the child is or shall
be enrolled in  comparable  health  care  coverage
which  shall  take   effect  not  later  than  the
effective   date   of    such    disenrolment   or
elimination; or (3)  the  employer  has eliminated
family  health  care   coverage  for  all  of  its
employees.
    Sec.  16.  Section   46b-25   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    No license may  be  issued  by  the  registrar
until both persons  have  appeared  before him and
made application for  a  license.  The application
shall  be dated,  signed  and  sworn  to  by  each
applicant and shall  state  each applicant's name,
age,  SOCIAL SECURITY  NUMBER,  race,  occupation,
birthplace, residence, whether  single, widowed or
divorced  and whether  under  the  supervision  or
control  of a  conservator  or  guardian.  If  the
application  is  signed   and   sworn  to  by  the
applicants on different  dates,  the  earlier date
shall be deemed  the  date of application. All the
applications,  when  so   made,   shall   be  kept
separately and available  for  public  examination
until the license is issued, and shall be filed as
a part of  the  records  of the registrar when the
license certificate is  returned  as  provided  in
section 46b-34.
    Sec.  17.  Section   46b-84   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) Upon or  subsequent  to  the  annulment or
dissolution of any  marriage  or  the  entry  of a
decree of legal separation or divorce, the parents
of a minor  child  of the marriage, shall maintain
the child according to their respective abilities,
if the child is in need of maintenance.
    (b) If there  is  an  unmarried  child  of the
marriage who has  attained the age of eighteen, is
a full-time high school student and resides with a
parent,  the  parents  shall  maintain  the  child
according to their  respective  abilities  if  the
child is in need of maintenance until such time as
such child completes  the twelfth grade or attains
the age of  nineteen,  whichever first occurs. The
provisions of this  subsection shall apply only in
cases where the decree of dissolution of marriage,
legal separation or  annulment  is  entered  on or
after July 1, 1994.
    (c) In determining  whether a child is in need
of maintenance and,  if  in  need,  the respective
abilities  of  the   parents   to   provide   such
maintenance  and the  amount  thereof,  the  court
shall   consider   the   age,   health,   station,
occupation, earning capacity,  amount  and sources
of   income,   estate,   vocational   skills   and
employability of each of the parents, and the age,
health,  station, occupation,  educational  status
and expectation, amount  and  sources  of  income,
vocational skills, employability, estate and needs
of the child.
    (d) At any time at which orders are entered in
a   proceeding  for   dissolution   of   marriage,
annulment, legal separation,  custody, or support,
whether before, at  the time of, or after entry of
a decree or judgment, if health insurance coverage
for  a  child  is  ordered  by  the  court  to  be
maintained, the court  shall  provide in the order
that (1) the  signature of the custodial parent or
custodian   of   the   insured   dependent   shall
constitute a valid  authorization  to  the insurer
for   purposes   of    processing   an   insurance
reimbursement  payment  to  the  provider  of  the
medical services, to  the  custodial  parent or to
the custodian, (2) neither parent shall prevent or
interfere  with  the   timely  processing  of  any
insurance  reimbursement  claim  and  (3)  if  the
parent   receiving  an   insurance   reimbursement
payment is not  the  parent  or  custodian  who is
paying the bill  for  the  services of the medical
provider,  the  parent  receiving  such  insurance
reimbursement payment shall  promptly  pay  to the
parent or custodian paying such bill any insurance
reimbursement for such  services.  For purposes of
subdivision (1), the custodial parent or custodian
is responsible for  providing  the  insurer with a
certified copy of  the  order  of  dissolution  or
other order requiring maintenance of insurance for
a  child provided  if  such  custodial  parent  or
custodian fails to provide the insurer with a copy
of such order, the Commissioner of Social Services
may provide the insurer with a copy of such order.
Such insurer may thereafter rely on such order and
is not responsible  for  inquiring as to the legal
sufficiency of the  order. The custodial parent or
custodian shall be  responsible  for providing the
insurer with a  certified  copy of any order which
materially alters the  provision  of  the original
order with respect to the maintenance of insurance
for  a  child.  If  presented  with  an  insurance
reimbursement claim signed by the custodial parent
or custodian, such  insurer  shall  reimburse  the
provider of the medical services, if payment is to
be made to  such  provider  under  the  policy, or
shall otherwise reimburse  the custodial parent or
custodian.
    (e) After the  granting  of a decree annulling
or dissolving the  marriage  or  ordering  a legal
separation,  and upon  complaint  or  motion  with
order and summons  made  to  the Superior Court by
either   parent  or   by   the   Commissioner   of
Administrative Services in  any case arising under
subsection (a) or  (b)  of this section, the court
shall inquire into the child's need of maintenance
and the respective  abilities  of  the  parents to
supply  maintenance.  The  court  shall  make  and
enforce the decree  for  the  maintenance  of  the
child  as  it   considers  just,  and  may  direct
security to be  given therefor, including an order
to either party to contract with a third party for
periodic payments or payments contingent on a life
to the other  party.  The  court [may order] SHALL
INCLUDE IN EACH  SUPPORT ORDER A PROVISION FOR THE
HEALTH CARE COVERAGE  OF THE CHILD WHICH PROVISION
MAY INCLUDE AN ORDER FOR either parent to name any
child  who  is   subject   to  the  provisions  of
subsection  (a)  or  (b)  of  this  section  as  a
beneficiary of any  medical or dental insurance or
benefit plan carried  by  such parent or available
to  such  parent  on  a  group  basis  through  an
employer or a union.
    (f) Whenever an obligor is before the court in
proceedings  to establish,  modify  or  enforce  a
support order, and such order is not secured by [a
wage garnishment] AN INCOME WITHHOLDING ORDER, the
court may require the obligor to execute a bond or
post other security  sufficient  to  perform  such
order for support,  provided  the court finds that
such a bond  is  available for purchase within the
financial means of  the  obligor.  Upon failure of
such obligor to  comply  with  such support order,
the court may  order  the  bond  or  the  security
forfeited and the  proceeds  thereof  paid  to the
state in AFDC  cases or to the obligee in non-AFDC
cases. IN ANY  IV-D  CASE  IN WHICH THE OBLIGOR IS
FOUND BY THE  COURT  TO  OWE PAST-DUE SUPPORT, THE
COURT MAY ISSUE  AN ORDER FOR THE PERIODIC PAYMENT
OF  SUCH  SUPPORT  OR,  IF  SUCH  OBLIGOR  IS  NOT
INCAPACITATED, ORDER SUCH  OBLIGOR  TO PARTICIPATE
IN WORK ACTIVITIES  WHICH  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.
    (g)  IN IV-D  SUPPORT  CASES,  AS  DEFINED  IN
SUBDIVISION  (13) OF  SUBSECTION  (b)  OF  SECTION
46b-231, AS AMENDED  BY SECTIONS 26 AND 36 OF THIS
ACT, 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.
    Sec. 18. (NEW)  In  any  action,  petition  or
proceeding under chapters  815j,  815y  and 816 of
the general statutes, any reports or bills related
to  pregnancy,  childbirth  or  genetic  or  blood
testing, shall be  admissible  into  evidence as a
business  record  without   the  need  of  further
foundation, provided any  such  report  or bill is
certified to be  the original or a copy thereof by
the creator or  custodian  of  such report or bill
and  shall  constitute  prima  facie  evidence  of
amounts incurred for  such  services or tests. The
use of any  such  report or bill in lieu of actual
testimony  shall not  give  rise  to  any  adverse
inference concerning the  testimony of the creator
of the record. This section shall not be construed
to prohibit any  party  or  the court from calling
any such medical practitioner as a witness.
    Sec.  19.  Section   46b-160  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) Proceedings to  establish  paternity  of a
child born or  conceived  out  of  lawful wedlock,
including one born  to, or conceived by, a married
woman  but  begotten  by  a  man  other  than  her
husband, shall be  commenced by the service on the
putative father of  a  verified  petition  of  the
mother or expectant mother. The verified petition,
summons and order  shall  be filed in the superior
court for the  judicial  district  in which either
she or the putative father resides, except that in
IV-D support cases, as defined in SUBDIVISION (13)
OF subsection (b)  of  section 46b-231, AS AMENDED
BY SECTIONS 26  AND  36 OF THIS ACT, such petition
shall be filed  with  the  clerk  for  the  family
support magistrate division  serving  the judicial
district where either  she  or the putative father
resides.  In  cases  involving  public  assistance
recipients the petition  shall also be served upon
the Attorney General  who  shall  be  and remain a
party  to any  paternity  proceeding  and  to  any
proceedings after judgment  in  such  action.  The
court or any  judge, or family support magistrate,
assigned to said  court  shall  cause  a  summons,
signed by him, by the clerk of said court, or by a
commissioner of the  Superior  Court to be issued,
requiring the putative  father  to appear in court
at a time and place as determined by the clerk but
not more than  ninety  days  after the issuance of
the summons to  show cause, if any he has, why the
request for relief  in such petition should not be
granted. A sheriff, proper officer or investigator
shall make due returns of process to the court not
less than twenty-one days before the date assigned
for  hearing. Such  petition,  summons  and  order
shall be on  forms prescribed by the Office of the
Chief Court Administrator.  In the case of a child
or expectant mother  being  supported wholly or in
part by the state, service of such petition may be
made  by  any   investigator   employed   by   the
Department  of  Social  Services  and  any  proper
officer authorized by  law.  Such  petition may be
brought  at  any   time   prior   to  the  child's
eighteenth birthday, provided  liability  for past
support shall be  limited  to the three years next
preceding the date  of  the  filing  of  any  such
petition. If the  putative  father fails to appear
in court at  such  time  and  place,  the court or
family support magistrate  [may]  SHALL  hear  the
petitioner and, [enter  such  judgment  and order]
UPON A FINDING  THAT  PROCESS  WAS  SERVED  ON THE
PUTATIVE FATHER, SHALL ENTER A DEFAULT JUDGMENT OF
PATERNITY  AGAINST  SUCH  FATHER  AND  SUCH  OTHER
ORDERS as the  facts  may  warrant.  Such court or
family support magistrate may order continuance of
such hearing; and  if  such  mother  or  expectant
mother continues constant  in  her  accusation, it
shall  be evidence  that  the  respondent  is  the
father of such  child. THE COURT OR FAMILY SUPPORT
MAGISTRATE SHALL, UPON MOTION BY A PARTY, ISSUE AN
ORDER FOR TEMPORARY  SUPPORT  OF  THE CHILD BY THE
RESPONDENT PENDING A  FINAL  JUDGMENT OF THE ISSUE
OF PATERNITY IF  SUCH  COURT  OR  MAGISTRATE FINDS
THAT THERE IS  CLEAR  AND  CONVINCING  EVIDENCE OF
PATERNITY WHICH EVIDENCE SHALL INCLUDE, BUT NOT BE
LIMITED  TO, GENETIC  TEST  RESULTS  INDICATING  A
NINETY-NINE PER CENT  OR  GREATER PROBABILITY THAT
SUCH RESPONDENT IS THE FATHER OF THE CHILD.
    (b) When such petition has been filed with the
family support magistrate division in a IV-D case,
the case shall  be  tried  by  the  family support
magistrate. [unless one  of  the  parties  demands
trial by jury  in accordance with section 46b-164,
in which event the family support magistrate shall
refer the case to the superior court for trial.]
    (c) If the  putative  father resides out of or
is absent from  the state, notice required for the
exercise of jurisdiction over such putative father
shall be actual notice, and shall be in the manner
prescribed for personal  service of process by the
law of the place in which service is made.
    (d) In any  proceeding to establish paternity,
the  court  or   family   support  magistrate  may
exercise personal jurisdiction  over a nonresident
putative father if  the  court or magistrate finds
that the putative  father was personally served in
this state or  that the putative father resided in
this state and  while  residing  in this state (1)
paid prenatal expenses  for the mother and support
for the child, (2) resided with the child and held
himself out as  the  father  of  the child, or (3)
paid support for the child and held himself out as
the father of  the child, provided the nonresident
putative father has  received actual notice of the
pending  petition  for   paternity   pursuant   to
subsection (c) of this section.
    (e)  The petition,  when  served  pursuant  to
subsection  (c)  of   this   section,   shall   be
accompanied by an  answer  form,  a  notice to the
putative father and an application for appointment
of counsel, written  in  clear and simple language
designed for use by pro se defendants.
    (f) (1) The  answer  form  shall  require  the
putative father to indicate whether he admits that
he is the  father, denies that he is the father or
does not know  whether  he  is  the  father of the
child. Any response  to  the answer form shall not
be deemed to waive any jurisdictional defense.
    (2) The notice  to  the  putative father shall
inform  him  that   (A)  he  has  a  right  to  be
represented by an attorney, and if he is indigent,
the court will appoint an attorney for him, (B) if
he is found  to be the father, he will be required
to financially support  the  child until the child
attains the age  of eighteen years, (C) if he does
not admit he  is  the  father, the court or family
support magistrate may  order  a  genetic  test to
determine paternity and that the cost of such test
shall be paid  by the state in IV-D support cases,
and  in  non-IV-D  cases  shall  be  paid  by  the
petitioner,  except that  if  he  is  subsequently
adjudicated to be  the  father  of  the  child, he
shall be liable to the state or the petitioner, as
the case may  be,  for the amount of such cost and
(D) if he fails to return the answer form or fails
to appear for  a  scheduled  genetic  test without
good cause, a  default  judgment  [may]  SHALL  be
entered.
    (3) The application for appointment of counsel
shall include a financial affidavit.
    (g) If the  court or family support magistrate
may  exercise  personal   jurisdiction   over  the
nonresident putative father pursuant to subsection
(d)  of  this  section  and  the  answer  form  is
returned and the  putative  father  does not admit
paternity, the court  shall  order the mother, the
child and the putative father to submit to genetic
tests.  Such  order   shall  be  served  upon  the
putative father in  the same manner as provided in
subsection (c) of  this  section. The genetic test
of  the  putative   father,   unless  he  requests
otherwise, shall be  made  in  the state where the
putative father resides  at  a location convenient
to him. The  costs  of  such test shall be paid by
the state in  IV-D  support cases, and in non-IV-D
cases shall be paid by the petitioner, except that
if the putative father is subsequently adjudicated
the father of the child, he shall be liable to the
state or the  petitioner,  as the case may be, for
the amount of the costs.
    (h) The court  or  family  support  magistrate
[may] SHALL enter  a  default  judgment  against a
nonresident  putative  father   if  such  putative
father (1) fails to answer or otherwise respond to
the  petition,  or  (2)  fails  to  appear  for  a
scheduled genetic test  without  good cause, [. No
judge  or family  support  magistrate  may  enter]
PROVIDED a default  judgment  SHALL NOT BE ENTERED
against a nonresident  putative  father unless (A)
there is evidence  that  the  nonresident putative
father has received  actual notice of the petition
pursuant to subsection (c) of this section and (B)
there is verification that the process served upon
the  putative father  included  the  answer  form,
notice to the  defendant  and  an  application for
appointment of counsel  required by subsection (e)
of this section. Upon entry of a default judgment,
a copy of  the judgment and a form for a motion to
reopen shall be served upon the father in the same
manner  as provided  in  subsection  (c)  of  this
section.
    Sec.  20.  Section   46b-168  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) In any proceeding in which the question of
paternity  is at  issue  the  court  or  a  family
support magistrate, on  motion  of  any party, may
order    genetic   tests    which    shall    mean
deoxyribonucleic acid tests,  to be performed by a
hospital,    accredited   laboratory,    qualified
physician or other  qualified person designated by
the  court,  to   determine  whether  or  not  the
putative father or  husband  is  the father of the
child. The results  of such tests, WHETHER ORDERED
UNDER THIS SECTION  OR REQUIRED BY THE IV-D AGENCY
UNDER SECTION 21  OF THIS ACT, shall be admissible
in evidence to either establish definite exclusion
of the putative  father  or husband or as evidence
that he is  the  father  of  the child WITHOUT THE
NEED FOR FOUNDATION  TESTIMONY  OR  OTHER PROOF OF
AUTHENTICITY OR ACCURACY, UNLESS OBJECTION IS MADE
IN WRITING NOT LATER THAN TWENTY DAYS PRIOR TO THE
HEARING AT WHICH SUCH RESULTS MAY BE INTRODUCED IN
EVIDENCE.
    (b) In any proceeding in which the question of
paternity is at issue, the results of such genetic
tests,  WHETHER  ORDERED  UNDER  THIS  SECTION  OR
REQUIRED BY THE  IV-D  AGENCY  UNDER SECTION 21 OF
THIS   ACT,   shall    constitute   a   rebuttable
presumption that the putative father is the father
of the child if the results of such tests indicate
a ninety-nine per cent or greater probability that
he  is the  father  of  the  child,  provided  the
petitioner  has  presented  evidence  that  sexual
intercourse occurred between  the  mother  and the
putative father during the period of time in which
the child was conceived.
    (c) The costs of making tests provided by this
section  shall be  chargeable  against  the  party
making the motion,  provided  if  the  court finds
that such party is indigent and unable to pay such
costs, such costs  shall  be paid by the state. If
the costs of  making  such  tests  are paid by the
state and the  respondent  making  the  motion  is
subsequently adjudicated to  be  the father of the
child, such respondent  shall  be  liable  to  the
state for the amount of such costs.
    Sec. 21. (NEW)  (a)  In any IV-D support case,
as defined in  subdivision  (13) of subsection (b)
of section 46b-231,  as amended by sections 26 and
36 of this  act, in which the paternity of a child
is at issue,  the  IV-D  agency  shall require the
child and all other parties other than individuals
who have good  cause  for refusing to cooperate or
who are subject  to  other exceptions to submit to
genetic tests which  shall  mean  deoxyribonucleic
acid  tests,  to   be  performed  by  a  hospital,
accredited  laboratory,  qualified   physician  or
other qualified person  designated by such agency,
to determine whether or not the putative father or
husband is the  father  of  the  child,  upon  the
request of any  such  party, provided such request
is supported by  a  sworn  statement  by the party
which either (1)  alleges paternity and sets forth
facts establishing a reasonable possibility of the
requisite sexual contact  between  the parties, or
(2)  denies  paternity   and   sets   forth  facts
establishing  a  reasonable   possibility  of  the
nonexistence  of  sexual   contact   between   the
parties.
    (b) The costs  of making the tests provided by
this section shall  be paid by the state, provided
if the putative father is the requesting party and
he is subsequently adjudicated to be the father of
the child, he shall be liable to the state for the
amount of such  costs to the extent of his ability
to pay, in  accordance with regulations adopted by
the Commissioner of  Social  Services  pursuant to
subdivision (3) of subsection (c) of this section.
The contesting party  shall  make  advance payment
for any additional  testing  required in the event
of a contest of the original test results.
    (c) The Commissioner  of Social Services shall
adopt   regulations,  in   accordance   with   the
provisions of chapter  54 of the general statutes,
to establish criteria  for  determining  (1)  good
cause  or  other   exceptions   for   refusing  to
cooperate under subsection  (a)  of  this section,
which  shall  include,  but  not  be  limited  to,
domestic  violence,  sexual   abuse  and  lack  of
information and shall  take  into account the best
interests of the child, (2) the sufficiency of the
facts establishing a reasonable possibility of the
existence or nonexistence  of the requisite sexual
contact between the  parties,  as  required  under
subsection  (a)  of  this  section,  and  (3)  the
ability of the  requesting  party to pay the costs
of the genetic tests in accordance with subsection
(b) of this section.
    Sec.  22.  Section   46b-171  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) If the defendant is found to be the father
of  the  child,   the   court  or  family  support
magistrate shall order  him  to stand charged with
the support and  maintenance  of  such child, with
the assistance of the mother if she is financially
able, as said  court finds, in accordance with the
provisions of section 17b-81, 17b-223, 17b-745, AS
AMENDED BY SECTION  11 OF THIS ACT, subsection (b)
of section 17b-179,  AS  AMENDED  BY SECTION 10 OF
THIS  ACT, section  17a-90,  46b-129,  46b-130  or
46b-215, AS AMENDED  BY SECTION 25 OF THIS ACT, to
be  reasonably  commensurate  with  the  financial
ability of the defendant, and to pay a certain sum
periodically until the  child  attains  the age of
eighteen years; and  the  court  or family support
magistrate  shall order  him  to  pay  the  amount
thereof to the  complainant,  or, if a town or the
state has paid  such  expense,  to the town or the
state,  as  the  case  may  be,  and  shall  grant
execution for the  same and costs of suit taxed as
in other civil actions, together with a reasonable
attorney's fee; and  may  require  him  to  become
bound  with  sufficient  surety  to  perform  such
orders for support  and  maintenance. IN ADDITION,
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 WHICH PROVISION MAY INCLUDE AN ORDER FOR
EITHER PARENT TO  NAME  ANY CHILD UNDER THE AGE OF
EIGHTEEN YEARS AS  A BENEFICIARY OF ANY MEDICAL OR
DENTAL INSURANCE OR  BENEFIT  PLAN CARRIED BY SUCH
PARENT OR AVAILABLE  TO  SUCH  PARENT  ON  A GROUP
BASIS THROUGH AN  EMPLOYER  OR  UNION.  The  court
shall also have  authority  to  make  and  enforce
orders for the  payment by any person named herein
of  unpaid support  contributions  for  which  the
defendant  is  liable   in   accordance  with  the
provisions of section  17b-81, 17b-223, subsection
(b) of section  17b-179,  AS AMENDED BY SECTION 10
OF THIS ACT,  section  17a-90,  46b-129 or 46b-130
AND, IN IV-D CASES, TO ORDER SUCH PERSON, PROVIDED
HE IS NOT  INCAPACITATED,  TO  PARTICIPATE IN WORK
ACTIVITIES WHICH 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.  If  he
fails to comply  with any such order, the court or
family magistrate may  commit  him  to a community
correctional  center, there  to  remain  until  he
complies therewith; but,  if  it  appears that the
mother does not  apply the periodic allowance paid
by him toward  the support of such child, and that
such child is  chargeable,  or  likely  to  become
chargeable, to the  town  where  it  belongs,  the
court,  on  application,   may   discontinue  such
allowance to the  mother,  and may direct it to be
paid to the  selectmen  of  such  town,  for  such
support, and may  issue  execution  in their favor
for the same.  The  provisions  of section 17b-743
shall apply to  this  section.  The  clerk  of the
court which has  rendered judgment for the payment
of money for  the  maintenance  of any child under
the  provisions  of  this  section  shall,  within
twenty-four hours after  such  judgment  has  been
rendered, notify the  selectmen  of the town where
the child belongs.  Any  order  for the payment of
support  for  any  such  child  may  at  any  time
thereafter be set  aside,  altered  or modified by
any court issuing  such  order upon a showing of a
substantial change in  the  circumstances  of  the
defendant or the  mother  of  such child or upon a
showing  that such  order  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. 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. No
such support orders  may be subject to retroactive
modification,  except that  the  court  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 notice of  such  pending  motion  upon the
opposing party pursuant  to section 52-50. Failure
of the defendant  to  obey  any  order for support
made hereunder may  be punished as for contempt of
court and the  costs  of  commitment of any person
imprisoned therefor shall  be paid by the state as
in criminal cases.
    (b)  Whenever the  Superior  Court  or  family
support magistrate reopens a judgment of paternity
entered pursuant to this section in which a person
was found to  be  the  father of a child who is or
has been supported  by  the state and the court or
family support magistrate  finds  that  the person
adjudicated the father  is  not  the father of the
child, the Department  of  Social  Services  shall
refund to such  person any money paid to the state
by such person  during  the  period such child was
supported by the state.
    (c)  IN IV-D  SUPPORT  CASES,  AS  DEFINED  IN
SUBDIVISION  (13) OF  SUBSECTION  (b)  OF  SECTION
46b-231, AS AMENDED  BY SECTIONS 26 AND 36 OF THIS
ACT, 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.
    Sec.  23.  Section   46b-172  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  (1)  In  lieu  of  or  in  conclusion  of
proceedings under section  46b-160,  AS AMENDED BY
SECTION  19  OF   THIS   ACT,   [the]   A  written
acknowledgment of paternity  executed AND SWORN TO
by  the  putative   father   of   the  child  when
accompanied by (A) an attested waiver of the right
to a blood  test,  the  right  to  a trial and the
right  to  an   attorney,   and   (B)   a  written
affirmation of paternity  executed and sworn to by
the  mother  of  the  child  and  filed  with  the
Superior Court, for the judicial district in which
the mother of  the  child  or  the putative father
resides shall have  the same force and effect as a
judgment of that  court.  [;  and  an] IT SHALL BE
CONSIDERED A LEGAL  FINDING  OF  PATERNITY WITHOUT
REQUIRING OR PERMITTING JUDICIAL RATIFICATION, AND
SHALL BE BINDING  ON THE PERSON EXECUTING THE SAME
WHETHER HE IS  AN  ADULT  OR  A  MINOR, SUBJECT TO
SUBDIVISION   (2)   OF   THIS   SUBSECTION.   SUCH
ACKNOWLEDGMENT SHALL NOT  BE BINDING UNLESS, PRIOR
TO   THE   SIGNING    OF    ANY   AFFIRMATION   OR
ACKNOWLEDGEMENT OF PATERNITY,  THE  MOTHER AND THE
PUTATIVE FATHER ARE  GIVEN ORAL AND WRITTEN NOTICE
OF THE ALTERNATIVES TO, THE LEGAL CONSEQUENCES OF,
AND THE RIGHTS  AND  RESPONSIBILITIES  THAT  ARISE
FROM SIGNING SUCH  AFFIRMATION OR ACKNOWLEDGEMENT.
THE NOTICE TO  THE MOTHER SHALL INCLUDE, BUT SHALL
NOT BE LIMITED  TO, NOTICE THAT THE AFFIRMATION OF
PATERNITY MAY RESULT  IN  RIGHTS  OF  CUSTODY  AND
VISITATION, AS WELL  AS  A DUTY OF SUPPORT, IN THE
PERSON NAMED AS FATHER. THE NOTICE TO THE PUTATIVE
FATHER  SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,
NOTICE THAT HE HAS THE RIGHT TO CONTEST PATERNITY,
INCLUDING THE RIGHT  TO  APPOINTMENT OF COUNSEL, A
GENETIC TEST TO DETERMINE PATERNITY AND A TRIAL BY
THE SUPERIOR COURT  OR A FAMILY SUPPORT MAGISTRATE
AND THAT ACKNOWLEDGMENT OF PATERNITY WILL MAKE HIM
LIABLE FOR THE  FINANCIAL  SUPPORT  OF  THE  CHILD
UNTIL   THE  CHILD'S   EIGHTEENTH   BIRTHDAY.   IN
ADDITION, THE NOTICE  SHALL  INFORM THE MOTHER AND
THE  FATHER  THAT  DNA  TESTING  MAY  BE  ABLE  TO
ESTABLISH PATERNITY WITH A HIGH DEGREE OF ACCURACY
AND MAY, UNDER CERTAIN CIRCUMSTANCES, BE AVAILABLE
AT STATE EXPENSE.  THE  NOTICES SHALL ALSO EXPLAIN
THE RIGHT TO  RESCIND  THE  ACKNOWLEDGMENT, AS SET
FORTH  IN  SUBDIVISION  (2)  OF  THIS  SUBSECTION,
INCLUDING  THE  ADDRESS   WHERE   SUCH  NOTICE  OF
RESCISSION SHOULD BE  SENT, AND SHALL EXPLAIN THAT
THE  ACKNOWLEDGMENT  CANNOT  BE  CHALLENGED  AFTER
SIXTY DAYS, EXCEPT  IN  COURT  UPON  A  SHOWING OF
FRAUD, DURESS OR MATERIAL MISTAKE OF FACT.
    (2) THE MOTHER  AND  THE  ACKNOWLEDGED  FATHER
SHALL HAVE THE  RIGHT  TO RESCIND SUCH AFFIRMATION
OR ACKNOWLEDGEMENT IN  WRITING  WITHIN THE EARLIER
OF (A) SIXTY DAYS, OR (B) THE DATE OF AN AGREEMENT
TO SUPPORT SUCH  CHILD APPROVED IN ACCORDANCE WITH
SUBSECTION (b) OF  THIS  SECTION  OR  AN  ORDER OF
SUPPORT FOR SUCH  CHILD  ENTERED  IN  A PROCEEDING
UNDER  SUBSECTION  (c)   OF   THIS   SECTION.   AN
ACKNOWLEDGEMENT   EXECUTED  IN   ACCORDANCE   WITH
SUBDIVISION  (1)  OF   THIS   SUBSECTION   MAY  BE
CHALLENGED IN COURT  OR  BEFORE  A  FAMILY SUPPORT
MAGISTRATE AFTER THE RESCISSION PERIOD ONLY ON THE
BASIS OF FRAUD, DURESS OR MATERIAL MISTAKE OF FACT
WHICH MAY INCLUDE  EVIDENCE  THAT  HE  IS  NOT THE
FATHER,  WITH  THE   BURDEN   OF  PROOF  UPON  THE
CHALLENGER.  DURING  THE   PENDENCY  OF  ANY  SUCH
CHALLENGE, ANY RESPONSIBILITIES  ARISING FROM SUCH
ACKNOWLEDGMENT  SHALL  CONTINUE  EXCEPT  FOR  GOOD
CAUSE SHOWN.
    (3) ALL WRITTEN NOTICES, WAIVERS, AFFIRMATIONS
AND ACKNOWLEDGMENTS REQUIRED UNDER SUBDIVISION (1)
OF  THIS SUBSECTION,  AND  RESCISSIONS  AUTHORIZED
UNDER SUBDIVISION (2) OF THIS SUBSECTION, SHALL BE
ON FORMS PRESCRIBED  BY  THE  DEPARTMENT OF PUBLIC
HEALTH, PROVIDED SUCH ACKNOWLEDGMENT FORM INCLUDES
THE   MINIMUM  REQUIREMENTS   SPECIFIED   BY   THE
SECRETARY  OF  THE  UNITED  STATES  DEPARTMENT  OF
HEALTH AND HUMAN SERVICES. ALL ACKNOWLEDGMENTS AND
RESCISSIONS  EXECUTED  IN   ACCORDANCE  WITH  THIS
SUBSECTION  SHALL  BE   FILED   IN  THE  PATERNITY
REGISTRY  ESTABLISHED  AND   MAINTAINED   BY   THE
DEPARTMENT OF PUBLIC  HEALTH  UNDER  SECTION  6 OF
THIS ACT.
    (4) AN ACKNOWLEDGMENT  OF  PATERNITY SIGNED IN
ANY OTHER STATE  ACCORDING TO ITS PROCEDURES SHALL
BE GIVEN FULL FAITH AND CREDIT BY THIS STATE.
    (b)  AN agreement  to  support  the  child  by
payment of a  periodic sum until the child attains
the  age  of   eighteen   years,   together   with
provisions for reimbursement  for past due support
based upon ability  to  pay in accordance with the
provisions of section  17b-81, 17b-223, subsection
(b) of section  17b-179,  AS AMENDED BY SECTION 10
OF THIS ACT,  section  17a-90, 46b-129 or 46b-130,
and  reasonable  expense  of  prosecution  of  the
petition, when filed with, and approved by a judge
of said court,  or in IV-D support cases, a family
support magistrate at  any  time,  shall  have the
same   force   and    effect,   retroactively   or
prospectively in accordance with the terms of said
agreement, as an  order of support entered by that
court, and shall  be  enforceable  and  subject to
modification in the  same manner as is provided by
law for orders  of  the  court in such cases. Past
due support in  such cases shall be limited to the
three years next  preceding the date of the filing
of such agreements to support. Payments under such
agreement shall be  made to the petitioner, except
that in [such other non-IV-D support cases payable
through the Support  Enforcement  Division and in]
IV-D support cases,  as  defined in subsection (b)
of section 46b-231,  AS AMENDED BY SECTIONS 26 AND
36 OF THIS  ACT,  payments  shall  be  made to the
[Bureau of Collection  Services]  BUREAU  OF CHILD
SUPPORT ENFORCEMENT OR ITS DESIGNATED AGENCY. Such
written  [affirmations,  waivers,  acknowledgments
and]  agreements to  support  shall  be  on  forms
prescribed  by  the  Office  of  the  Chief  Court
Administrator and shall  be sworn to, and shall be
binding on the  person  executing the same whether
he is an  adult or a minor. [Such mother shall not
be excused from  making  such  affirmation  on the
ground that it may tend to disgrace or incriminate
her; nor shall  she  thereafter  be prosecuted for
any criminal act involved in the conception of the
child   as   to    whose   paternity   she   makes
affirmation.]
    [(b)] (c) At  any  time after the [filing with
the  court]  SIGNING   of  any  acknowledgment  of
paternity, upon the  application of any interested
party, the court  or  any  judge  thereof  or  any
family support magistrate  in  IV-D  support cases
shall cause a summons, signed by him, by the clerk
of said court or by a commissioner of the Superior
Court,  to be  issued,  requiring  the  [putative]
ACKNOWLEDGED father to  appear  in court at a time
and place as  determined by the clerk but not more
than  ninety  days   after  the  issuance  of  the
summons, to show  cause,  if  any  he has, why the
court or the family support magistrate assigned to
the judicial district in IV-D support cases should
not enter judgment  for  support  of  the child by
payment of a  periodic sum until the child attains
the age of eighteen years, together with provision
for reimbursement for  past due support based upon
ability to pay  in  accordance with the provisions
of  section 17b-81,  17b-223,  subsection  (b)  of
section 17b-179, AS  AMENDED BY SECTION 10 OF THIS
ACT,  section  17a-90,   46b-129   or  46b-130,  A
PROVISION FOR HEALTH  COVERAGE  OF  THE  CHILD  AS
REQUIRED BY SECTION 46b-215, AS AMENDED BY SECTION
25 OF THIS  ACT,  and  reasonable  expense  of the
action   under   this    subsection.    [on    the
acknowledgment of paternity  previously filed with
said  court.]  SUCH   COURT   OR   FAMILY  SUPPORT
MAGISTRATE, IN IV-D  CASES,  SHALL  ALSO  HAVE THE
AUTHORITY TO ORDER  THE ACKNOWLEDGED FATHER WHO IS
SUBJECT TO A  PLAN  FOR  REIMBURSEMENT OF PAST-DUE
SUPPORT AND IS  NOT  INCAPACITATED, TO PARTICIPATE
IN WORK ACTIVITIES  WHICH  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.  The
application, summons and  order  shall be on forms
prescribed  by  the  Office  of  the  Chief  Court
Administrator. Proceedings to  obtain  such orders
of support shall  be  commenced  by the service of
such  summons  on   the   [putative]  ACKNOWLEDGED
father. A sheriff or proper officer shall make due
return of process  to  the  court  not  less  than
twenty-one  days  before  the  date  assigned  for
hearing. The prior  judgment as to paternity shall
be res judicata AS TO THAT ISSUE for all paternity
acknowledgments filed with  the  court on or after
March 1, 1981,  [as  to that issue] BUT BEFORE THE
EFFECTIVE DATE OF  THIS  ACT,  and  shall  not  be
reconsidered by the  court  [,]  unless the person
seeking review of the acknowledgment petitions the
superior court for  the  judicial  district having
venue for a  hearing  on  the  issue  of paternity
within three years  of  such judgment. In addition
to such review, if the acknowledgment of paternity
was   filed  prior   to   March   1,   1981,   the
acknowledgment of paternity  may  be  reviewed  by
denying the allegation of paternity in response to
the initial petition  for  support, whenever it is
filed. All such  payments  shall  be  made  to the
petitioner, except that  in  [such  other non-IV-D
support   cases  payable   through   the   Support
Enforcement Division and  in]  IV-D support cases,
as defined in  subsection  (b) of section 46b-231,
AS AMENDED BY  SECTIONS  26  AND  36  OF THIS ACT,
payments  shall  be   made   to   the  [Bureau  of
Collection Services] STATE,  ACTING BY AND THROUGH
THE IV-D AGENCY.
    [(c)] (d) Whenever  a  petition  is  filed for
review of an  acknowledgment  of  paternity  of  a
child who is  or  has been supported by the state,
and review of  such acknowledgment of paternity is
granted by the  court pursuant to subsection [(b)]
(c) of this section, and upon review, the court or
family   support   magistrate   finds   that   the
petitioner is not  the  father  of  the child, the
Department of Social  Services shall refund to the
petitioner any money paid by the petitioner to the
state during any  period  such child was supported
by the state.
    (e)  IN IV-D  SUPPORT  CASES,  AS  DEFINED  IN
SUBDIVISION  (13) OF  SUBSECTION  (b)  OF  SECTION
46b-231, AS AMENDED  BY SECTIONS 26 AND 36 OF THIS
ACT,  A COPY  OF  ANY  SUPPORT  ORDER  ESTABLISHED
PURSUANT TO THIS SECTION SHALL BE PROVIDED TO EACH
PARTY AND THE  STATE CASE REGISTRY WITHIN FOURTEEN
DAYS   AFTER   ISSUANCE    OF    SUCH   ORDER   OR
DETERMINATION.
    Sec. 24. Subsection (f) of section 46b-172a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (f) By filing  a claim under this section, the
putative father submits to the jurisdiction of the
court of probate.  [,  and  waives  his right to a
jury trial.]
    Sec.  25.  Section   46b-215  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) The Superior  Court  or  a  family support
magistrate  shall  have   authority  to  make  and
enforce orders for  payment of support against any
person  who  neglects   or   refuses   to  furnish
necessary support to  his or her spouse or a child
under the age of eighteen, according to his or her
ability to furnish  such  support, notwithstanding
the provisions of section 46b-37. ANY SUCH SUPPORT
ORDER IN A  IV-D  SUPPORT  CASE  SHALL  INCLUDE  A
PROVISION FOR THE  HEALTH  CARE  COVERAGE  OF  THE
CHILD WHICH PROVISION  MAY  INCLUDE  AN  ORDER FOR
EITHER PARENT TO  NAME ANY CHILD UNDER EIGHTEEN AS
A BENEFICIARY OF  ANY  MEDICAL OR DENTAL INSURANCE
OR  BENEFIT  PLAN   CARRIED   BY  SUCH  PARENT  OR
AVAILABLE TO SUCH  PARENT ON A GROUP BASIS THROUGH
AN EMPLOYER OR A UNION. Proceedings to obtain such
orders  of  support  shall  be  commenced  by  the
service on the  liable  person  or  persons  of  a
verified petition with  summons  and  order,  in a
form prescribed by  the  Office of the Chief Court
Administrator, of the  husband  or  wife, child or
any  relative  or  the  conservator,  guardian  or
support enforcement officer, town or state, or any
selectmen or the  public official charged with the
administration of public  assistance  of the town,
or  in  AFDC   support   cases,   as   defined  in
SUBDIVISION  (14) OF  subsection  (b)  of  section
46b-231, AS AMENDED  BY SECTIONS 26 AND 36 OF THIS
ACT,  the Commissioner  of  Social  Services.  The
verified  petition, summons  and  order  shall  be
filed  in  the  judicial  district  in  which  the
petitioner or respondent resides or does business,
or  if filed  in  the  Family  Support  Magistrate
Division, in the  judicial  district  in which the
petitioner or respondent resides or does business.
For purposes of  this  section,  the  term "child"
shall include one born out of wedlock whose father
has acknowledged in  writing his paternity of such
child or has  been  adjudged the father by a court
of competent jurisdiction, or a child who was born
before   marriage   whose    parents    afterwards
intermarry.   Said   court   or   family   support
magistrate shall also  have  authority to make and
enforce  orders directed  to  the  conservator  or
guardian  of  any   person,  or  payee  of  social
security or other benefits to which such person is
entitled, to the  extent  of  the income or estate
held  by such  fiduciary  or  payee  in  any  such
capacity. Said court  or family support magistrate
shall also have  authority to determine, order and
enforce payment of  any  sums  due under a written
agreement to support against the person liable for
such support under  such  agreement. Said court or
family   support  magistrate   shall   also   have
authority to determine,  order and enforce payment
of any support  due  because of neglect or refusal
to furnish support  prior  to  the  action. In the
determination of 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. The state shall
disclose  to the  court  any  information  in  its
possession concerning current  and past ability to
pay. With respect  to  such orders entered into on
or after October  1,  1991,  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 known or,  if  not known, based upon assistance
rendered to the  child.  Any finding as to support
due for periods  of time prior to the action which
is  made  without   information   concerning  past
ability  to  pay   shall  be  entered  subject  to
adjustment when such information becomes available
to the court.  Such  adjustment  may  be made upon
motion of any  party  within  four months from the
date upon which  the obligor receives notification
of (1) the  amount  of such finding of support due
for periods of  time  prior  to the action and (2)
the right within  four  months  of receipt of such
notification to present  evidence  as  to his past
ability to pay  support  for  such periods of time
prior to the  action.  The judge or family support
magistrate shall cause  a  summons, signed by him,
by the clerk  of  said  court  or  Family  Support
Magistrate Division, or  by  a commissioner of the
Superior Court to  be issued requiring such liable
person or persons  to  appear in court or before 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. Service
may be made  by  a  sheriff, any proper officer or
any investigator employed  by  the  Department  of
Social  Services  or   by   the   Commissioner  of
Administrative  Services.  The   sheriff,   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 in court
or before a  family support magistrate at the time
and place named  for  hearing  upon such petition,
the failure of  the  defendant  or  defendants  to
appear shall not  prohibit  the  court  or  family
support magistrate from  going  forward  with  the
hearing. 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. In the case of a person
supported wholly or in part by a town, the welfare
authority of the town shall notify the responsible
relatives  of  such   person   of  the  amount  of
assistance given, the  beginning  date thereof and
the amount of  support expected from each of them,
if  any,  and   if  any  such  relative  does  not
contribute in such  expected  amount, the superior
court for the judicial district in which such town
is located or  a family support magistrate sitting
in the judicial  district  in  which  such town is
located may order  such  relative  or relatives to
contribute to such  support,  from the time of the
beginning date of  expense  shown  on  the notice,
such  sum  as   said   court   or  family  support
magistrate  deems  reasonably   within  each  such
relative's ability to  support  such  person.  The
court, or any  judge  thereof,  or  family support
magistrate  when  said  court  or  family  support
magistrate  is  not   sitting,   may  require  the
defendant  or defendants  to  become  bound,  with
sufficient surety, to  the  state,  town or person
bringing the complaint,  to abide such judgment as
may be rendered  on such complaint. Failure of the
defendant or defendants  to  obey  any  order made
hereunder, may be  punished  as  contempt of court
and  the  costs   of   commitment  of  any  person
imprisoned therefor shall  be paid by the state as
in criminal cases.  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  or  defendants  to obey
such court order  or  order  of the family support
magistrate, the court or family support magistrate
may  order  a   capias  mittimus  be  issued,  and
directed to some  proper  officer  to  arrest such
defendant or defendants  and  bring  him  or  them
before  the  Superior   Court   for  the  contempt
hearing. When any  person  is  found  in  contempt
under this section,  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. In
addition  to  or   in   lieu   of   such  contempt
proceedings   the   court    or   family   support
magistrate, upon a  finding  that  any  person has
failed to obey any order made hereunder, MAY ORDER
A PLAN FOR  PAYMENT  OF ANY PAST-DUE SUPPORT OWING
UNDER SUCH ORDER,  OR,  IN  IV-D  CASES,  IF  SUCH
OBLIGOR IS NOT  INCAPACITATED,  ORDER SUCH OBLIGOR
TO  PARTICIPATE  IN   WORK  ACTIVITIES  WHICH  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,
AND may suspend  any  professional,  occupational,
RECREATIONAL, COMMERCIAL DRIVER'S or motor vehicle
operator's license as  provided in subsections (b)
to (e), inclusive,  of section 46b-220, AS AMENDED
BY SECTION 32  OF  THIS ACT, provided such failure
was without good  cause,  may  issue  [a  wage] AN
INCOME withholding order  against  such  amount of
any debt accruing  by  reason of personal services
as provided by  sections  52-362,  AS  AMENDED  BY
SECTION 28 OF  THIS  ACT, 52-362b and 52-362c, and
may further order  executions  against  any  real,
personal, or other  property  of such person which
cannot  be  categorized   solely  as  either,  for
payment of accrued  and  unpaid  amounts due under
such order. No  entry  fee,  judgment  fee  or any
other court fee  shall  be charged by the court or
the family support  magistrate  to either party in
proceedings  under  this   section.   Any  written
agreement to support which is filed with the court
or the Family  Support  Magistrate  Division shall
have the effect  of  an  order  of  the court or a
family support magistrate.
    (b)  The Attorney  General  of  the  state  of
Connecticut and the  attorney representing a town,
shall become a party for the interest of the state
of Connecticut and  such  town, in any proceedings
for  support which  concerns  any  person  who  is
receiving or has  received  public  assistance  or
care from the  state  or  any  town.  The Attorney
General  shall  represent   the   IV-D  agency  in
non-AFDC IV-D support  cases  if  the  IV-D agency
determines that such  representation  is  required
pursuant to guidelines  issued by the Commissioner
of Social Services.
    (c) The court  or  a family support magistrate
[may]  SHALL direct  all  PAYMENTS  ON  orders  of
support IN IV-D  CASES  to  be  made  TO THE STATE
ACTING BY AND  THROUGH  THE  IV-D AGENCY. [through
the Support Enforcement  Division and shall direct
payments   made   under   such   orders   to   the
Commissioner  of  Administrative   Services,  with
authority  residing  in  the  Support  Enforcement
Division to enforce  all  orders  directed for its
supervision.]
    (d) No order  for support made by the court or
a family support  magistrate shall be stayed by an
appeal but such  order  shall  continue  in effect
until a determination  is  made  thereon upon such
appeal; if however  as  a result of such appeal or
further  hearing, the  amount  of  such  order  is
reduced  or  vacated,   such  defendant  shall  be
credited or reimbursed accordingly.
    (e) 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.  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  upon  a  showing  of  a  substantial
change in the  circumstances  of  either  party or
upon   a   showing   that   such   support   order
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. 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 the
notice of such  pending  motion  upon the opposing
party pursuant to section 52-50. 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  the
procedure set forth in section 46b-197.
    (f)  IN IV-D  SUPPORT  CASES,  AS  DEFINED  IN
SUBDIVISION  (13) OF  SUBSECTION  (b)  OF  SECTION
46b-231, AS AMENDED  BY SECTIONS 26 AND 36 OF THIS
ACT, 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.
    Sec.  26.  Section   46b-231  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) This section  shall  be  known  and may be
cited as the "Family Support Magistrate's Act".
    (b) For the purposes of this section:
    [(1)  "AFDC  cases"  are  cases  in  which  an
individual is receiving  benefits under Title IV-A
of the Social Security Act;]
    [(2)] (1) "Chief  Family  Support  Magistrate"
means the family  support magistrate designated by
the  Chief  Court  Administrator  as  provided  in
subsection  [(f)]  (g)   of   this   section;  [to
determine and enforce  child  support orders under
this   section  and   designated   to   administer
proceedings to enforce such orders;]
    [(3)] (2) "Child support enforcement services"
means the services provided [for the establishment
and enforcement of  support  by the department] BY
THE IV-D AGENCY  OR AN AGENCY UNDER COOPERATIVE OR
PURCHASE OF SERVICE  AGREEMENT  THEREWITH pursuant
to  Title  IV-D   of   the  Social  Security  Act,
INCLUDING   BUT   NOT    LIMITED    TO   LOCATION;
ESTABLISHMENT    OF   PATERNITY;    ESTABLISHMENT,
MODIFICATION AND ENFORCEMENT  OF CHILD AND MEDICAL
SUPPORT ORDERS AND THE COLLECTION AND DISTRIBUTION
OF SUPPORT PAYMENTS;
    [(4)]    (3)    "Commissioner"    means    the
Commissioner of Social  Services,  a  designee  or
authorized representative;
    [(5)]   (4)   "Connecticut    Child    Support
Enforcement Bureau" means  a  division  within the
Department of Social Services established pursuant
to section 17b-179,  AS  AMENDED  BY SECTION 10 OF
THIS ACT;
    [(6)] (5) "Department" means the Department of
Social Services or  any bureau, division or agency
of the Department of Social Services;
    [(7)] (6) "Family Support Magistrate Division"
means a division  of the Superior Court created by
this section for  the  purpose of establishing and
enforcing child and  spousal support in IV-D cases
utilizing quasi-judicial proceedings;
    [(8)] (7) "Family  support magistrate" means a
person, appointed as provided in subsection (f) of
this section to  establish  and  enforce child and
spousal support orders;
    [(9)] (8) "Foster  care  cases"  are  cases in
which children are  receiving  foster  care  under
Title IV-E of the Social Security Act;
    [(10)]  (9) "Law"  includes  both  common  and
statute law;
    [(11)] (10) "Obligee" means any person to whom
a duty of support is owed;
    [(12)] (11) "Obligor" means any person owing a
duty of support;
    [(13)] (12) "IV-D  agency"  means  the  agency
created by section  17b-179, AS AMENDED BY SECTION
10 OF THIS  ACT,  the  Child  Support  Enforcement
Bureau of the  Department  of  Social Services, to
administer the child  support  program mandated by
Title IV-D of the Social Security Act;
    [(14)] (13) "IV-D  support cases" are [actions
for child and  spousal support] THOSE IN WHICH THE
IV-D AGENCY IS PROVIDING CHILD SUPPORT ENFORCEMENT
SERVICES under Title  IV-D  of the Social Security
Act; [and include  cases  in  which support rights
have been assigned  to the state in AFDC cases and
in foster care  cases  or  cases in which a person
has applied, prior  to  October  1,  1993,  to the
Support  Enforcement  Division   of  the  Superior
Court, or applied, on or after October 1, 1993, to
the   Department   of    Social    Services,   for
child-support enforcement services.]
    (14) "SUPPORT ORDER"  MEANS A JUDGMENT, DECREE
OR ORDER, WHETHER  TEMPORARY,  FINAL OR SUBJECT TO
MODIFICATION,  ISSUED  BY  A  COURT  OF  COMPETENT
JURISDICTION, FOR THE SUPPORT AND MAINTENANCE OF A
CHILD, INCLUDING A  CHILD WHO HAS ATTAINED THE AGE
OF MAJORITY UNDER THE LAW OF THE ISSUING STATE, OR
A CHILD AND  PARENT WITH WHOM THE CHILD IS LIVING,
WHICH PROVIDES FOR  MONETARY SUPPORT, HEALTH CARE,
ARREARAGES OR REIMBURSEMENT, AND WHICH MAY INCLUDE
RELATED COSTS AND  FEES,  INTEREST  AND PENALTIES,
INCOME  WITHHOLDING,  ATTORNEYS'  FEES  AND  OTHER
RELIEF.
    (c)  The  remedies   herein  provided  are  in
addition to and  not in substitution for any other
remedy.
    (d)  There  is   created  the  Family  Support
Magistrate Division of  the Superior Court for the
purpose of the  impartial  administration of child
and spousal support.
    (e) Repealed by P.A. 91-190, S. 8, 9.
    (f)  The Family  Support  Magistrate  Division
shall include nine  family support magistrates who
shall be appointed  by  the  Governor  to serve in
that capacity for  a term of three years. A family
support  magistrate  may   be   reappointed   upon
completion of his  term of office by the Governor.
To be eligible  for  appointment, a family support
magistrate must have  engaged  in  the practice of
law for five  years  prior  to his appointment and
shall be experienced  in  the field of family law.
He shall devote  full  time  to  his  duties  as a
family support magistrate  and shall not engage in
the private practice  of  law.  A  family  support
magistrate  may be  removed  from  office  by  the
Governor for cause.
    (g) A Chief Family Support Magistrate shall be
designated by the Chief Court Administrator of the
Superior Court from  among the nine family support
magistrates appointed by  the Governor pursuant to
subsection  (f)  of   this   section.   Under  the
direction of the  Chief  Court  Administrator, the
Chief Family Support  Magistrate  shall  supervise
the Family Support  Magistrate Division and submit
an annual report  to the Chief Court Administrator
and perform such  other duties as provided in this
section.
    (h) (1) On  and  after  January  1,  1993, the
Chief Family Support  Magistrate  shall  receive a
salary  of  seventy-two   thousand  seven  hundred
ninety-one  dollars,  and   other  family  support
magistrates  shall receive  an  annual  salary  of
sixty-eight  thousand  two   hundred   seventy-one
dollars.
    (2) On and  after  July  1,  1995,  the  Chief
Family Support Magistrate  shall  receive a salary
of seventy-four thousand nine hundred seventy-five
dollars,  and  other  family  support  magistrates
shall receive an annual salary of seventy thousand
three hundred nineteen dollars.
    (3) On and  after  July  1,  1996,  the  Chief
Family Support Magistrate  shall  receive a salary
of seventy-seven thousand  two hundred twenty-four
dollars,  and  other  family  support  magistrates
shall  receive an  annual  salary  of  seventy-two
thousand four hundred twenty-nine dollars.
    (i) (1) Family  support  magistrates  shall be
included under the  provisions  of chapters 65 and
66 regarding retirement  and  disability  of state
employees. Each such individual shall receive full
retirement credit for each year or portion thereof
for  which  retirement  benefits  are  paid  while
serving as a family support magistrate.
    (2) Any family support magistrate holding such
office on June  22, 1992, may elect to be included
within the provisions  of  sections 51-49, 51-49a,
51-49b, 51-49c, 51-49d, 51-49h, 51-50a and 51-50b,
or to continue  to be subject to the provisions of
subdivision (1) of this subsection.
    (j)  The  Chief   Court   Administrator  shall
designate assistant clerks  for the Family Support
Magistrate Division to serve in judicial districts
created pursuant to  section 51-344 and such other
assistant clerks and  other  employees  as  may be
necessary for the  operation of the Family Support
Magistrate   Division.   [The    assistant   clerk
designated to serve in a judicial district for the
Family Support Magistrate  Division shall promptly
notify the obligee and the obligor or the attorney
for the obligee  or  obligor  of any support order
entered by a family support magistrate assigned to
such  judicial district.  Such  notice  shall  set
forth in full  the  terms  of  the  support  order
entered by the  family  support  magistrate.]  The
administrative judge for  each  judicial  district
may also assign  clerks  or  administrative clerks
for the judicial  district  to  serve as assistant
clerks or administrative  clerks  in  his judicial
district  for  the   Family   Support   Magistrate
Division.
    (k)  The  Chief   Court   Administrator  shall
arrange for the  recording  of all hearings before
the  family  support  magistrate  by  contract  or
otherwise.
    (l) The judges  of  the  Superior  Court shall
adopt rules of  procedure  in  accordance with the
provisions of section  51-14  for  the handling of
IV-D support cases  by  magistrates. Such rules of
procedure shall conform  when  applicable to rules
adopted for the Superior Court.
    (m) The Chief  Family  Support  Magistrate and
the  family support  magistrates  shall  have  the
powers and duties enumerated in this subsection.
    (1)  A  family   support  magistrate  in  IV-D
support  cases  may   compel   the  attendance  of
witnesses or the  obligor  under  a summons issued
pursuant  to  sections   17b-745,  AS  AMENDED  BY
SECTION 11 OF  THIS  ACT,  46b-172,  AS AMENDED BY
SECTION 23 OF THIS ACT, and 46b-215, AS AMENDED BY
SECTION 25 OF THIS ACT, or under a subpoena issued
pursuant to section  52-143,  or  a  citation  for
failure to obey  an  order  of  a  family  support
magistrate or a  judge of the Superior Court. If a
person  is served  with  a  summons,  subpoena  or
citation issued by  the  family support magistrate
or  the assistant  clerk  of  the  Family  Support
Magistrate Division and  fails to appear, a family
support magistrate may  issue  a  capias  mittimus
directed to some  proper  officer  to  arrest  the
obligor or the  witness  and  bring  him  before a
family support magistrate.  Whenever such a capias
mittimus is ordered, the family support magistrate
shall establish a  recognizance  to  the  state of
Connecticut  in  the   form  of  a  bond  of  such
character and amount  as  to assure the appearance
of the obligor  at the next regular session of the
Family Support Magistrate Division in the judicial
district in which  the  matter  is pending. If the
obligor posts such a bond, and thereafter fails to
appear before the family support magistrate at the
time and place he is ordered to appear, the family
support magistrate may  order  the bond forfeited,
and the proceeds thereof paid to the state in AFDC
cases or the obligee in non-AFDC cases.
    (2) Family support  magistrates shall hear and
determine  matters  involving  child  and  spousal
support in IV-D  support cases including petitions
for support brought  pursuant  to sections 17b-81,
17b-179, AS AMENDED  BY  SECTION  10  OF THIS ACT,
17b-745, AS AMENDED BY SECTION 11 OF THIS ACT, and
46b-215, AS AMENDED  BY  SECTION  25  OF THIS ACT;
applications for show cause orders in IV-D support
cases  brought  pursuant   to  subsection  (b)  of
section 46b-172, AS  AMENDED BY SECTION 23 OF THIS
ACT, and actions  for  interstate  enforcement  of
child and spousal  support  under sections 46b-180
to  46b-211,  inclusive,   and   shall   hear  and
determine all motions  for  modifications of child
and spousal support  in  such  cases.  IN ALL IV-D
CASES, FAMILY SUPPORT  MAGISTRATES  SHALL HAVE THE
AUTHORITY TO ORDER ANY OBLIGOR WHO IS SUBJECT TO A
PLAN FOR REIMBURSEMENT  OF PAST-DUE SUPPORT AND IS
NOT   INCAPACITATED,  TO   PARTICIPATE   IN   WORK
ACTIVITIES WHICH 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 family
support magistrate shall  not  modify an order for
periodic payment on an arrearage due the state for
state assistance which  has  been  discontinued to
increase such payments,  unless the family support
magistrate first determines  that  the  state  has
made a reasonable  effort  to  notify  the current
recipient of child  support,  at  the most current
address  available to  the  IV-D  agency,  of  the
pendency of the  motion  to increase such periodic
arrearage payments and  of  the  time and place of
the hearing on  such  motion.  If  such  recipient
appears,   either   personally    or   through   a
representative,  at  such   hearing,   the  family
support  magistrate shall  determine  whether  the
order in effect for child support is reasonable in
relation to the current financial circumstances of
the  parties,  prior   to   modifying   an   order
increasing such periodic arrearage payments.
    (3) Family support  magistrates  shall  review
and approve or  modify  all agreements for support
in  IV-D  support  cases  filed  with  the  Family
Support  Magistrate Division  in  accordance  with
sections 17b-179, AS AMENDED BY SECTION 10 OF THIS
ACT, 17b-745, AS  AMENDED  BY  SECTION  11 OF THIS
ACT, 46b-172, AS  AMENDED  BY  SECTION  23 OF THIS
ACT, 46b-215, AS  AMENDED  BY  SECTION  25 OF THIS
ACT, and subsection (c) of section 53-304.
    (4) Motions for modification of existing child
and spousal support orders entered by the Superior
Court in IV-D  support cases, including motions to
modify existing child  and  spousal support orders
entered in actions  brought  pursuant  to  chapter
815j,  shall be  brought  in  the  Family  Support
Magistrate  Division  and   decided  by  a  family
support magistrate. [,  except  that  an  order to
modify existing child  and  spousal support orders
entered in actions  brought  pursuant  to  chapter
815j shall be  subject  to the approval of a judge
of the Superior  Court and may be modified by such
judge.] Family support magistrates, in deciding if
a spousal or  [child-support]  CHILD SUPPORT order
should be modified,  shall make such determination
based  upon the  criteria  set  forth  in  section
46b-84, AS AMENDED  BY SECTION 17 OF THIS ACT, and
section 46b-215b. A  person  who is aggrieved by a
decision of a  family support magistrate modifying
a superior court  order is entitled to appeal such
decision  in accordance  with  the  provisions  of
subsection (n) of this section.
    (5) Proceedings to establish paternity in IV-D
support cases shall be filed in the family support
magistrate  division  for  the  judicial  district
where the mother  or  putative father resides. The
matter shall be heard and determined by the family
support   magistrate  in   accordance   with   the
provisions of chapter  815y.  [,  except that if a
party  to  the   action  demands  trial  by  jury,
pursuant to section  46b-164,  the matter shall be
referred for trial  to  the superior court for the
judicial district where the case was filed.]
    (6)   [Acknowledgments   of    paternity   and
agreements]  AGREEMENTS for  support  obtained  in
[AFDC] IV-D SUPPORT cases [, or cases in which the
mother  of  the   child   has   applied  for  IV-D
services,] shall be filed with the assistant clerk
of the family  support magistrate division for the
judicial district where  the  mother OR THE FATHER
of the child  [or  the  putative  father] resides,
pursuant to SUBSECTION  (b) OF section 46b-172, AS
AMENDED BY SECTION  23  OF  THIS  ACT,  and  shall
become effective as  an order upon filing with the
clerk. Such support  agreements  shall be reviewed
by the family support magistrate who shall approve
or  disapprove  the   agreement.  If  the  support
agreement filed with the clerk is disapproved by a
family support magistrate,  such disapproval shall
have a retroactive effect.
    (7) Family support  magistrates  shall enforce
orders for child  and  spousal  support entered by
such family support magistrate and by the Superior
Court in IV-D  support  cases by citing an obligor
for contempt. FAMILY  SUPPORT MAGISTRATES, IN IV-D
CASES,  SHALL HAVE  THE  AUTHORITY  TO  ORDER  ANY
OBLIGOR WHO IS SUBJECT TO A PLAN FOR REIMBURSEMENT
OF PAST-DUE SUPPORT  AND  IS NOT INCAPACITATED, TO
PARTICIPATE IN WORK  ACTIVITIES WHICH 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.
FAMILY  SUPPORT  MAGISTRATES  SHALL  ALSO  ENFORCE
INCOME  WITHHOLDING  ORDERS  ENTERED  PURSUANT  TO
SECTION 52-362, AS  AMENDED  BY SECTION 28 OF THIS
ACT,  INCLUDING  ANY   ADDITIONAL  AMOUNTS  TO  BE
APPLIED TOWARD LIQUIDATION  OF  ANY  ARREARAGE, AS
REQUIRED UNDER SUBSECTION  (e)  OF  SAID  SECTION.
Family support magistrates may require the obligor
to   furnish  recognizance   to   the   state   of
Connecticut in the  form of a cash deposit or bond
of such character and in such amount as the Family
Support Magistrate Division deems proper to assure
appearance at the  next  regular  session  of  the
Family Support Magistrate Division in the judicial
district in which  the  matter  is  pending.  Upon
failure of the  obligor  to  post  such  bond, the
family support magistrate may refer the obligor to
a  community  correctional  center  until  he  has
complied  with  such   order,  provided  that  the
obligor shall be heard at the next regular session
of the Family  Support  Magistrate Division in the
court to which  he  was  summoned.  If  no regular
session  is  held   within   seven  days  of  such
referral,  the  family  support  magistrate  shall
either  cause a  special  session  of  the  Family
Support Magistrate Division to be convened, or the
obligor shall be  heard  by a Superior Court judge
in the judicial  district. If the obligor fails to
appear before the family support magistrate at the
time and place he is ordered to appear, the family
support magistrate may  order  the  bond,  if any,
forfeited, and the  proceeds  thereof  paid to the
state in AFDC  cases  or  the  obligee in non-AFDC
cases,  as  the   family  support  magistrate  may
determine, and the  family  support magistrate may
issue a capias  mittimus  for  the  arrest  of the
obligor, ordering him  to appear before the family
support magistrate. A  family  support  magistrate
may determine whether  or  not  an  obligor  is in
contempt of the  order of the superior court or of
a family support  magistrate  and  may  make  such
orders as are provided by law to enforce a support
obligation,  except that  if  the  family  support
magistrate  determines that  incarceration  of  an
obligor for failure to obey a support order may be
indicated,  the family  support  magistrate  shall
inform the obligor  of his right to be represented
by an attorney  and his right to a court-appointed
attorney to represent  him  if  he is indigent. If
the obligor claims  he  is indigent and desires an
attorney  to represent  him,  the  family  support
magistrate shall conduct a hearing to determine if
the obligor is  indigent;  and  if he so finds, he
will appoint an attorney to represent him.
    (8) Agreements between  parties  as to custody
and visitation of  minor  children in IV-D support
cases may be filed with the assistant clerk of the
Family   Support   Magistrate    Division.    Such
agreements shall be  reviewed  by a family support
magistrate, who shall approve the agreement unless
he  finds  such  agreement  is  not  in  the  best
interests of the child. Agreements between parties
as to custody and visitation in IV-D support cases
shall be enforced in the same manner as agreements
for support are  enforced, pursuant to subdivision
(7) of this subsection.
    (9) Whenever an  obligor  is  before  a family
support magistrate in  proceedings  to  establish,
modify  or enforce  a  support  order  in  a  IV-D
support case and  such  order is not secured by [a
wage garnishment or]  AN INCOME withholding order,
the magistrate may  require the obligor to execute
a  bond  or  post  other  security  sufficient  to
perform  such  order  for  support,  provided  the
magistrate finds that such a bond is available for
purchase  within  the   financial   means  of  the
obligor. Upon failure  of  such  obligor to comply
with  such  support   order,  the  family  support
magistrate may order  the  bond  or  the  security
forfeited and the  proceeds  thereof  paid  to the
state in AFDC  cases or to the obligee in non-AFDC
cases.
    (10) In any  proceeding  in the Family Support
Magistrate  Division,  if   the   family   support
magistrate finds that  a  party  is  indigent  and
unable to pay  a  fee or fees payable to the court
or to pay  the  cost  of  service  of process, the
family support magistrate  shall waive such fee or
fees and the  cost  of service of process shall be
paid by the state.
    (11) A family  support  magistrate may dismiss
any action or  proceeding which the family support
magistrate may hear and determine.
    (n) (1) A  person  who is aggrieved by a final
decision  of  a   family   support  magistrate  is
entitled to judicial review by way of appeal under
this section.
    (2)  Proceedings  for  such  appeal  shall  be
instituted by filing  a petition [and payment of a
fifty-five dollar filing  fee]  in  superior court
for the judicial district in which the decision of
the family support  magistrate  was  rendered  not
later than fourteen days after filing of the final
decision with an  assistant  clerk assigned to the
Family  Support  Magistrate   Division  or,  if  a
rehearing is requested,  not  later  than fourteen
days after filing  of  the  notice of the decision
thereon. Such petitions  shall be accompanied by a
certification that copies  of  the  petition  have
been served upon  the  IV-D  agency  as defined in
subsection (b) of  this section and all parties of
record. Service upon  the  IV-D agency may be made
by the appellant mailing a copy of the petition by
certified  mail to  the  office  of  the  Attorney
General in Hartford.
    (3) Within fourteen  days  after the filing of
the petition, or  within  such further time as may
be  allowed  by  the  court,  the  Family  Support
Magistrate   Division  shall   transmit   to   the
reviewing court the  original  or a certified copy
of the entire  record  of  the proceeding appealed
from, which shall  include  the  decision  of  the
family support magistrate.  The  court may require
or permit subsequent  corrections  or additions to
the record.
    (4) The aggrieved  party  shall  file with his
appeal a statement  that no transcript is required
for the purpose  of  determining the issues raised
on appeal or  a  statement  that  he has ordered a
transcript. A transcript may be filed by any party
to an appeal and shall be filed within thirty days
from the filing of said appeal unless the time for
filing such transcript is extended by order of the
Superior Court or  the  family support magistrate.
Costs of preparing the transcript shall be paid by
the  party  ordering   the   preparation   of  the
transcript.
    (5)  If, before  the  date  set  for  hearing,
application is made  to  the  Superior  Court  for
leave to present  additional  evidence,  and it is
shown to the  satisfaction  of  the court that the
additional evidence is  material  and  that  there
were good reasons for failure to present it in the
proceeding before the  family  support magistrate,
the Superior Court  may permit additional evidence
be taken before  it  upon conditions determined by
the court.
    (6)  The appeal  shall  be  conducted  by  the
Superior  Court  without   a  jury  and  shall  be
confined  to  the   record   and  such  additional
evidence as the Superior Court has permitted to be
introduced.  The  Superior  Court,  upon  request,
shall  hear  oral  argument  and  receive  written
briefs.
    (7) The Superior Court may affirm the decision
of the family  support  magistrate  or  remand the
case for further  proceedings.  The Superior Court
may reverse or  modify the decision if substantial
rights  of  the  appellant  have  been  prejudiced
because  the  decision   of   the  family  support
magistrate is: (A)  In violation of constitutional
or statutory provisions;  (B)  in  excess  of  the
statutory   authority  of   the   family   support
magistrate; (C) made  upon unlawful procedure; (D)
affected  by  other  error  of  law;  (E)  clearly
erroneous in view  of the reliable, probative, and
substantial evidence on  the  whole record; or (F)
arbitrary or capricious  or characterized by abuse
of discretion or  clearly  unwarranted exercise of
discretion.
    (8) Any order entered by the court pursuant to
an appeal under this subsection may be retroactive
to the date  of  the original order entered by the
family support magistrate.
    (9) Upon all  such  appeals  which are denied,
costs may be  taxed  in  favor  of  the prevailing
party at the discretion of the Superior Court, but
no costs shall be taxed against the state.
    (10) In any  case  in  which  any party claims
that he cannot  pay  the  costs  of  an  appeal or
defending an appeal  under this section, he shall,
within the time  permitted  for filing the appeal,
or the time  permitted  for filing of a transcript
of testimony if  preparation of such transcript is
required, file with  the  clerk  of  the  superior
court to which  the  appeal  is  to  be  taken  an
application for waiver  of  payment  of such fees,
costs  and  necessary  expenses.  The  application
shall conform to rules adopted pursuant to section
51-14. After such  hearing  as  the Superior Court
determines is necessary,  the Superior Court shall
enter  its  judgment  on  the  application,  which
judgment shall contain  a  statement  of the facts
the Superior Court has found, with its conclusions
thereon. The filing  of  the  application  for the
waiver shall toll  the  time limits for the filing
of an appeal until such time as a judgment on such
application is entered.
    (o) Upon final  determination  of  any  appeal
from a decision  of a family support magistrate by
the Superior Court,  there  shall  be  no right to
further review except  to the Appellate Court. The
procedure on such  appeal  to  the Appellate Court
shall, except as  otherwise provided herein, be in
accordance with the procedures provided by rule or
law for the  appeal  of  judgments rendered by the
Superior Court unless  modified  by  rule  of  the
judges of the  Appellate  Court. There shall be no
right to further  review  except  to  the  Supreme
Court  pursuant  to   the  provisions  of  section
51-197f.
    (p) The filing of an appeal from a decision of
a family support  magistrate  does  not affect the
order of support  of  a family support magistrate,
but it shall  continue  in effect until the appeal
is decided, and  thereafter,  unless denied, until
changed  by further  order  of  a  family  support
magistrate or the Superior Court.
    (q) When an order for child or spousal support
has  been  entered   against  an  obligor  by  the
Superior Court in  an  action  originating  in the
Superior Court, such  order  shall  supersede  any
previous  order  for   child  or  spousal  support
against such obligor  entered  by a family support
magistrate and shall  also  supersede any previous
agreement for support executed by such obligor and
filed with the Family Support Magistrate Division.
    (r) Orders for  support  entered  by  a family
support magistrate shall  have  the same force and
effect as orders  of  the  Superior  Court, except
where  otherwise  provided   in  sections  17b-81,
17b-93, 17b-179, AS  AMENDED BY SECTION 10 OF THIS
ACT, 17b-743 AND  17b-744,  17b-745, AS AMENDED BY
SECTION 11 OF THIS ACT, [to] 17b-746, [inclusive,]
subsection  (a)  of   section   46b-55,   sections
46b-59a, 46b-86 and 46b-172, AS AMENDED BY SECTION
23 OF THIS  ACT,  this  chapter, subsection (b) of
section  51-348, section  52-362,  AS  AMENDED  BY
SECTION 28 OF  THIS ACT, subsection (a) of section
52-362d, AS AMENDED  BY  SECTION  29  OF THIS ACT,
subsection (a) of  section  52-362e, AS AMENDED BY
SECTION 30 OF  THIS  ACT,  and  subsection  (c) of
section 53-304, and  shall be considered orders of
the Superior Court for the purpose of establishing
and enforcing support orders of the family support
magistrate,  as  provided   in   sections  17b-81,
17b-93, 17b-179, AS  AMENDED BY SECTION 10 OF THIS
ACT, 17b-745, AS  AMENDED  BY  SECTION  11 OF THIS
ACT, 52-362, AS AMENDED BY SECTION 28 OF THIS ACT,
52-362d, AS AMENDED  BY  SECTION  29  OF THIS ACT,
52-362e, AS AMENDED BY SECTION 30 OF THIS ACT, and
53-304,  except  as  otherwise  provided  in  this
section. All orders  for  support issued by family
support  magistrates  in   any   matter  before  a
magistrate shall contain  an order for withholding
to  enforce such  orders  as  set  forth  in  said
section 52-362, AS  AMENDED  BY SECTION 28 OF THIS
ACT.
    (s)  Support  enforcement   officers   of  the
Support Enforcement Division of the Superior Court
shall:
    (1) Supervise the  payment  of  any  child  or
spousal support order  made  by  a  family support
magistrate. Supervision of  such orders is defined
as the utilization  of all procedures available by
law to collect child or spousal support, including
issuance  and  implementation   of  [wage]  INCOME
withholdings   ordered   by   a   family   support
magistrate pursuant to  section 52-362, AS AMENDED
BY SECTION 28  OF  THIS  ACT,  and  if  necessary,
bringing an application  for  contempt to a family
support magistrate and,  in  connection  with such
application,  issuing  an   order   requiring  the
obligor  to  appear   before   a   family  support
magistrate to show cause why he should not be held
in contempt for  failure to pay an order for child
or spousal support  entered  by the Superior Court
or a family support magistrate;
    (2) In non-AFDC  cases,  have the authority to
bring petitions for  support  orders  pursuant  to
section 46b-215, AS  AMENDED BY SECTION 25 OF THIS
ACT,  file  agreements   for   support   with  the
assistant clerk of  the  Family Support Magistrate
Division, and bring  applications  for  show cause
orders pursuant to  section 46b-172, AS AMENDED BY
SECTION 23 OF THIS ACT, and in IV-D cases, enforce
foreign support orders  registered with the Family
Support Magistrate Division  pursuant  to  section
46b-198b, and file agreements for support with the
assistant clerk of  the  Family Support Magistrate
Division;
    (3) In connection  with any order or agreement
entered by, or  filed  with,  the  Family  Support
Magistrate Division, or  any  order entered by the
Superior Court in  a IV-D support case upon order,
investigate the financial situation of the parties
and  report  findings   to   the   family  support
magistrate regarding: (A)  Any  pending  motion to
modify such order  or agreement or (B) any request
or application for  modification  of such order or
agreement made by an obligee;
    (4)  In  non-AFDC  IV-D  cases,  review  child
support orders at  the  request  of  either parent
subject to a  support  order  or,  IN  AFDC CASES,
REVIEW CHILD SUPPORT  ORDERS at the request of the
Bureau of Child  Support Enforcement, and initiate
an action before  a  family  support magistrate to
modify such support order if it is determined upon
such review that  the order substantially deviates
from  the  child  support  guidelines  established
pursuant  to section  46b-215a  or  46b-215b.  THE
REQUESTING PARTY SHALL HAVE A RIGHT TO SUCH REVIEW
EVERY THREE YEARS  WITHOUT  PROVING  A SUBSTANTIAL
CHANGE  IN CIRCUMSTANCES;  MORE  FREQUENT  REVIEWS
SHALL  BE  MADE   ONLY  IF  THE  REQUESTING  PARTY
DEMONSTRATES    A    SUBSTANTIAL     CHANGE     IN
CIRCUMSTANCES.  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
determining  whether to  modify  a  child  support
order based on  a  substantial deviation from such
child support guidelines,  consideration  shall be
given  to  the   division  of  real  and  personal
property between the  parties  set  forth  in  any
final decree entered  pursuant to chapter 815j and
the benefits accruing  to  the child as the result
of such division. No order for periodic payment of
support   may   be    subject    to    retroactive
modification,  except  that   the  family  support
magistrate may order  modification with respect to
any period during  which there is a pending motion
for modification of  a support order from the date
of service of notice of such pending motion to the
opposing party pursuant to section 52-50.
    [(5) In AFDC  IV-D cases, review child support
orders and initiate  an  action  before  a  family
support magistrate to modify such support order if
it is determined  upon  such review that (A) there
is  substantial change  in  the  circumstances  of
either  party,  or  (B)  the  order  substantially
deviates  from  the   child   support   guidelines
established  pursuant  to   section   46b-215a  or
46b-215b. 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 determining
whether to modify a child support order based on a
substantial  deviation  from  such  child  support
guidelines, consideration shall  be  given  to the
division of real and personal property between the
parties set forth  in  any  final  decree  entered
pursuant to chapter 815j and the benefits accruing
to the child  as  the  result of such division. No
order  for periodic  payment  of  support  may  be
subject to retroactive  modification,  except that
the   family   support    magistrate   may   order
modification with respect  to  any  period  during
which there is  a  pending motion for modification
of a support  order  from  the  date of service of
notice of such  pending  motion  to  the  opposing
party pursuant to section 52-50.]
    (t) The Attorney General shall:
    (1) Represent the interest of the state in all
actions for child  or spousal support in all cases
in which the  state is furnishing or has furnished
aid or care to one of the parties to the action or
a child of one of the parties;
    (2) Represent the  petitioner  in  proceedings
for enforcement of  interstate support enforcement
under  sections  46b-180  to  46b-211,  inclusive,
unless  the  petitioner   is   represented  by  an
attorney retained by the petitioner;
    (3) Represent the  IV-D  agency  in  providing
support  enforcement  services  in  non-AFDC  IV-D
support cases pursuant  to  sections  17b-179,  AS
AMENDED BY SECTION  10  OF  THIS  ACT, 17b-745, AS
AMENDED BY SECTION 11 OF THIS ACT, and 46b-215, AS
AMENDED BY SECTION 25 OF THIS ACT.
    (u) (1) The  Department of Social Services may
in  IV-D  cases  [(1)]  (A)  bring  petitions  for
support orders pursuant  to  section  46b-215,  AS
AMENDED BY SECTION  25  OF  THIS  ACT,  [(2)]  (B)
obtain  acknowledgments of  paternity,  [(3)]  (C)
bring applications for  show cause orders pursuant
to section 46b-172,  AS  AMENDED  BY SECTION 23 OF
THIS  ACT,  and  [(4)]  (D)  file  agreements  for
support with the  assistant  clerk  of  the Family
Support Magistrate Division.
    (2) THE DEPARTMENT  OF  SOCIAL  SERVICES SHALL
PROVIDE NOTICE NOT  LESS  THAN  ONCE  EVERY  THREE
YEARS TO THE PARENTS SUBJECT TO A SUPPORT ORDER IN
A IV-D CASE  INFORMING  THE PARENTS OF THEIR RIGHT
TO  REQUEST A  REVIEW  UNDER  SUBDIVISION  (4)  OF
SUBSECTION (s) OF THIS SECTION.
    Sec. 27. Subsection  (a) of section 52-251d of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) In any civil action to establish paternity
or to establish,  modify  or enforce child support
orders  in  AFDC   cases   pursuant   to  sections
[17b-748] 17b-745, AS  AMENDED  BY  SECTION  11 OF
THIS ACT, 46b-86,  46b-171,  AS AMENDED BY SECTION
22 OF THIS  ACT, 46b-160, AS AMENDED BY SECTION 19
OF THIS ACT,  46b-172, AS AMENDED BY SECTION 23 OF
THIS ACT, 46b-180,  46b-215, AS AMENDED BY SECTION
25 OF THIS  ACT,  and  46b-231,  [of  the  general
statutes] AS AMENDED BY SECTIONS 26 AND 36 OF THIS
ACT, the court may allow the state, when it is the
prevailing party, a reasonable attorney's fee.
    Sec.  28.  Section   52-362   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) For the purposes of this section:
    (1) "Dependent" means  a spouse, former spouse
or child entitled  to  payments  under  a  support
order, provided the  Support  Enforcement Division
of the Superior Court or the state acting under an
assignment  of a  dependent's  support  rights  or
under an application for child support enforcement
services shall, through  an officer of the Support
Enforcement   Division  or   the   Child   Support
[Division] ENFORCEMENT BUREAU of the Department of
Social Services or  an  investigator of the Bureau
of Collection Services  or  the  Attorney General,
take any action  which the dependent could take to
enforce a support order;
    (2) "Disposable earnings"  means  that part of
the  earnings of  an  individual  remaining  after
deduction from those  earnings of amounts required
to be withheld  for  the payment of federal, state
and local income  taxes,  employment taxes, normal
retirement   contributions,   union    dues    and
initiation  fees,  and   group   life  and  health
insurance premiums;
    (3) "Earnings" means  any  debt accruing to an
obligor  by  reason   of  his  personal  services,
including any compensation  payable by an employer
to an employee  for such personal services whether
denominated as wages, salary, commission, bonus or
otherwise,  including  [payments  from  retirement
plans, and including] unemployment compensation if
a  purchase  of   service  agreement  between  the
Commissioner  of Social  Services  and  the  Labor
Commissioner is in  effect  pursuant to subsection
(e) of section  17b-179,  AS AMENDED BY SECTION 10
OF THIS ACT;
    (4) "Employer" means any person, including the
Labor  Commissioner,  who   owes  earnings  to  an
obligor;
    (5)  "INCOME"  MEANS   ANY  PERIODIC  FORM  OF
PAYMENT  DUE  TO   AN  INDIVIDUAL,  REGARDLESS  OF
SOURCE, INCLUDING, BUT  NOT LIMITED TO, DISPOSABLE
EARNINGS,  WORKERS'  COMPENSATION  AND  DISABILITY
BENEFITS,  PAYMENTS  PURSUANT   TO  A  PENSION  OR
RETIREMENT PROGRAM AND INTEREST;
    [(5)] (6) "Obligor" means a person required to
make payments under a support order;
    [(6)] (7) "Support order" means a court order,
or order of  a family support magistrate including
an agreement approved  by  a  court  or  a  family
support magistrate, that requires the payment to a
dependent  of  either  current  support  payments,
payments on an arrearage, or both;
    [(7)]  (8) "Unemployment  compensation"  means
any  compensation  payable   under   chapter  567,
including amounts payable  by the administrator of
the unemployment compensation  law  pursuant to an
agreement  under any  federal  law  providing  for
compensation,   assistance  or   allowances   with
respect to unemployment.
    (b) The Superior  Court and any family support
magistrate shall issue  an  order  for withholding
pursuant to this  section  against  the [earnings]
INCOME of an  obligor  to  enforce a support order
when the support  order  is entered or modified or
when  the  obligor  is  before  the  court  in  an
enforcement proceeding. The  court shall order the
withholding to be  effective  immediately  or may,
for cause or  pursuant  to  an  agreement  by  the
parties,  order a  contingent  withholding  to  be
effective only on  [(1)  the filing with the court
or  the assistant  clerk  of  the  Family  Support
Magistrate Division of  an  affidavit,  sufficient
under subsection (d)  of  this  section, as to the
obligor's delinquency or (2) an order of the court
or a family  support  magistrate  after  a hearing
pursuant  to  subsection   (e)  of  this  section]
ACCRUAL OF A DELINQUENCY IN AN AMOUNT GREATER THAN
OR EQUAL TO  THIRTY  DAYS' OBLIGATION. ANY FINDING
THAT THERE IS CAUSE NOT TO ORDER WITHHOLDING TO BE
EFFECTIVE IMMEDIATELY SHALL  BE  BASED ON AT LEAST
(1) A WRITTEN  DETERMINATION THAT, AND EXPLANATION
BY THE COURT  OR FAMILY SUPPORT MAGISTRATE OF WHY,
IMPLEMENTING  IMMEDIATE INCOME  WITHHOLDING  WOULD
NOT BE IN THE BEST INTERESTS OF THE CHILD, AND (2)
PROOF  OF TIMELY  PAYMENT  OF  PREVIOUSLY  ORDERED
SUPPORT IN CASES  INVOLVING  THE  MODIFICATION  OF
SUCH SUPPORT. Before  the  court or family support
magistrate issues an  order  for withholding which
is effective immediately against an obligor who is
before the court  or  a family support magistrate,
it shall inform  the obligor of the minimum amount
of [earnings] INCOME  which  [are]  IS exempt from
withholding under state  and  federal  law, of his
right to claim  any  applicable  state  or federal
exemptions with respect  thereto  and of his right
to offer any  evidence  as  to  why  a withholding
order effective immediately  should  not issue. If
the court or  family  support magistrate issues an
order for withholding  to be effective immediately
against a nonappearing  obligor,  notice  shall be
served subsequently upon the obligor in accordance
with section 52-57  or  sent  by  certified  mail,
return receipt requested,  to  the  obligor's last
known address, informing  him:  (A) That a support
order has been  issued  to be enforced by [a wage]
AN INCOME withholding  order, (B) that [a wage] AN
INCOME withholding order has been issued effective
immediately as part  of  the support order, (C) of
the minimum amount  of  [earnings]  INCOME  exempt
from withholding under  state  and federal law and
of his right  at  the hearing on the support order
to claim any  other  applicable  state  or federal
exemptions with respect  thereto, (D) of his right
to a hearing,  upon  motion to the court, to offer
any  evidence as  to  why  the  withholding  order
effective  immediately  should   not  continue  in
effect, (E) of  the  amount  of income received by
him which formed  the  basis for the support order
against him, and  (F)  of  his  right  to  move to
modify the support order if his income has changed
substantially   or   if    the    support    order
substantially  deviates  from  the  child  support
guidelines   established   pursuant   to   section
46b-215a.
    (c) (1) If an obligor is delinquent on support
payments on any  prior  order  of  support  in  an
amount  greater than  or  equal  to  thirty  days'
obligation, [or] WHETHER  OR  NOT  SUCH  ORDER  IS
SUBJECT TO a contingent [wage] INCOME withholding,
[has been ordered,]  HE  SHALL  BECOME  SUBJECT TO
WITHHOLDING AND the  dependent [may] SHALL cause a
delinquency notice to  be  served on [the obligor]
HIM. The delinquency  notice shall include a claim
form and be in clear and simple language informing
the obligor that  [(1)]  (A) he is [alleged to be]
delinquent under the  support order in a specified
amount and any  additional  amounts accruing until
the effective date of the withholding order, [(2)]
(B)  a  withholding   order   [will]   HAS  become
effective against his [earnings, which may include
unemployment compensation, unless, within] INCOME,
(C) HE HAS fifteen days [, he requests] TO REQUEST
a  hearing before  the  court  or  family  support
magistrate,  [(3)] AND  at  such  hearing  he  may
contest the claimed delinquency AND THE IMPOSITION
OF THE INCOME  WITHHOLDING,  seek  modification of
the  withholding  order,   and  claim  any  lawful
exemption  with respect  to  his  [earnings,  (4)]
INCOME, (D) he has a right to seek modification of
the support order  by  a  proper motion filed with
the court or  family support magistrate, [(5)] (E)
the  first  one   hundred  forty-five  dollars  of
disposable [earnings] INCOME  per week are exempt,
and [(6)] (F)  the amount of the withholding order
may  not  exceed   the   maximum   percentage   of
disposable [earnings] INCOME which may be withheld
pursuant to Section 1673 of Title 15 of the United
States Code, together  with  a  statement  of  his
right  to claim  any  other  applicable  state  or
federal exemptions with respect thereto. The claim
form shall contain  a  checklist  identifying  the
most common defenses  and exemptions such that the
obligor may check  any  which  apply  to him and a
space where the  obligor  may  briefly explain his
claim or request  a  modification  of  or  raise a
defense to the support order.
    (2)  AN  OBLIGOR   SHALL   BECOME  SUBJECT  TO
WITHHOLDING TO ENFORCE  A  PRIOR  ORDER OF SUPPORT
UPON THE REQUEST  OF  THE  DEPENDENT REGARDLESS OF
ANY DELINQUENCY, AND  WHETHER OR NOT SUCH ORDER IS
SUBJECT TO A  CONTINGENT  INCOME  WITHHOLDING.  IN
SUCH CASES, THE  DEPENDENT SHALL CAUSE A NOTICE TO
BE  SERVED ON  SUCH  OBLIGOR  WHICH  NOTICE  SHALL
COMPLY IN ALL RESPECTS WITH THE DELINQUENCY NOTICE
REQUIRED UNDER SUBDIVISION  (1) OF THIS SUBSECTION
EXCEPT THAT SUCH  NOTICE  SHALL NOT BE REQUIRED TO
ALLEGE A DELINQUENCY.
    [(d) If, within fifteen days of service of the
delinquency notice, the obligor fails to request a
hearing, the dependent  may file with the court or
assistant clerk of  the  Family Support Magistrate
Division, a copy  of  the  notice and an affidavit
stating   that:  (1)   The   delinquency   notice,
including the claim form, was served in accordance
with subsection (i) of this section on the obligor
at least fifteen days before filing the affidavit,
and (2) there  was  an amount past due equal to at
least thirty days obligation at the time of notice
which has not  been  fully paid. On receipt of the
notice and affidavit,  the  clerk  of the court or
assistant clerk of  the  Family Support Magistrate
Division shall ensure  that  such  papers  are  in
order and, without hearing, forthwith certify that
the withholding order  is  in effect and issue any
necessary  process against  the  earnings  of  the
obligor.]
    [(e)] (d) An obligor may claim a defense based
upon mistake of  fact,  an exemption in accordance
with subsection [(f)]  (e)  of  this  section with
respect to the  withholding  order, or may file by
motion a modification  or  defense  to the support
order [to be]  BEING  enforced by the withholding,
by  delivering  a  signed  claim  form,  or  other
written  notice  or   motion,   with  his  address
thereon, indicating the  nature  of  the  claim or
grounds  of  the  motion,  to  the  clerk  of  the
Superior  Court or  the  assistant  clerk  of  the
Family Support Magistrate  Division within fifteen
days of receipt of notice. If a claim or motion is
filed, imposition of  the  withholding order shall
be stayed until  the claim or motion is decided by
the  court or  a  family  support  magistrate.  On
receipt of the  claim  or  motion, the clerk shall
promptly enter the  appearance of the obligor, set
the matter for  a  short  calendar hearing, send a
file-stamped copy of  the  claim  or motion to the
person or agency  of the state to whom the support
order is payable  and  notify  all  parties of the
hearing date set.  The  court  or  family  support
magistrate shall promptly  hear  and determine the
claim or motion  and  notify  the  obligor  within
forty-five days from the date of the [delinquency]
notice  REQUIRED  UNDER  SUBSECTION  (c)  OF  THIS
SECTION of its  determination.  Unless the obligor
successfully shows cause why the withholding order
should not [take] CONTINUE IN effect, the court or
family support magistrate  shall  order  that  the
outstanding withholding order  [take]  CONTINUE IN
effect against the  nonexempt [earnings] INCOME of
the  obligor  to   the   extent   provided   under
subsection [(f)] (e)  of  this  section. The order
shall be a  final judgment for purposes of appeal.
The effect of  the  withholding order shall not be
stayed on appeal except by order of the court or a
family support magistrate.
    [(f)] (e) A  withholding  order shall issue in
the amount necessary  to  enforce  a support order
against only such  nonexempt  [earnings] INCOME of
the obligor as [exceed] EXCEEDS the greater of (1)
the first one  hundred forty-five dollars per week
of disposable [earnings] INCOME, or (2) the amount
exempt under Section  1673  of  Title  15  of  the
United States Code,  or  against any lesser amount
which the court or family support magistrate deems
equitable.  The  withholding  order  shall  secure
payment of past  and  future amounts due under the
support order and  an  additional amount [equal to
twenty  per cent  of  the  current  order  or  ten
dollars weekly, whichever  is greater] COMPUTED IN
ACCORDANCE  WITH  THE   CHILD  SUPPORT  GUIDELINES
ESTABLISHED IN ACCORDANCE  WITH  SECTION 46b-215a,
to be applied  toward liquidation of any arrearage
accrued under such  order, unless contested by the
obligor  after a  [delinquency]  notice  has  been
served pursuant to subsection (c) of this section,
in  which  case   the   court  or  family  support
magistrate may determine  the amount to be applied
toward the liquidation  of  the arrearage found to
have accrued under  prior  order  of  the court or
family support magistrate.  IN NO EVENT SHALL SUCH
ADDITIONAL  AMOUNT  BE  APPLIED  IF  THERE  IS  AN
EXISTING ARREARAGE ORDER  FROM THE COURT OR FAMILY
SUPPORT MAGISTRATE IN  A  IV-D  SUPPORT  CASE,  AS
DEFINED IN SUBDIVISION  (13)  OF SUBSECTION (b) OF
SECTION 46b-231, AS  AMENDED BY SECTIONS 26 AND 36
OF THIS ACT.  ANY INVESTIGATOR OR OTHER AUTHORIZED
EMPLOYEE OF THE  CHILD  SUPPORT ENFORCEMENT BUREAU
OF  THE DEPARTMENT  OF  SOCIAL  SERVICES,  OR  ANY
OFFICER OF THE SUPPORT ENFORCEMENT DIVISION OF THE
SUPERIOR COURT, SHALL  ISSUE  A  WITHHOLDING ORDER
PURSUANT  TO  THIS  SUBSECTION  WHEN  THE  OBLIGOR
BECOMES SUBJECT TO  WITHHOLDING  UNDER  SUBSECTION
(c) OF THIS  SECTION.  On  service of the order of
withholding on an  existing or any future employer
OR OTHER PAYER  OF  INCOME,  and until the support
order is fully satisfied or modified, the order of
withholding is a  continuing  lien and levy on the
obligor's [earnings as  they  become] INCOME AS IT
BECOMES due.
    [(g)] (f) Commencing  no  later than the first
pay period IN THE CASE OF AN EMPLOYER, OR THE DATE
OF PERIODIC PAYMENT  IN  THE  CASE  OF  A PAYER OF
INCOME OTHER THAN  AN  EMPLOYER, that occurs after
fourteen days following  the date of service of an
order  for  withholding  and  within  [ten]  SEVEN
BUSINESS days of  the  date  the  obligor  is paid
thereafter, an employer  OR  OTHER PAYER OF INCOME
shall   pay  sums   withheld   pursuant   to   the
withholding order to the person in whose favor the
withholding  order was  issued.  When  orders  for
withholding are payable to the state acting by and
through the IV-D  agency,  the  employer  OR OTHER
PAYER OF INCOME  (1)  shall  specify  the dates on
which each withholding  occurred  and  the  amount
withheld for each  obligor  on  each such date and
(2) may combine all withheld amounts into a single
payment  to such  IV-D  agency  with  the  portion
thereof which is  attributable  to each individual
[employee] OBLIGOR being separately designated. If
an employer OR  OTHER  PAYER  OF  INCOME  fails to
withhold from [earnings]  INCOME due an [employee]
OBLIGOR pursuant to  an  order  for withholding or
fails to make those payments, he is liable to such
person for the  full  amount  of [earnings] INCOME
not withheld since  receipt of proper notice in an
action therefor, and  the  amount  secured  in the
action shall be  applied by such person toward the
arrearage owed by  the  obligor.  Such employer OR
OTHER  PAYER OF  INCOME  shall  be  subject  to  a
finding of contempt by the court or family support
magistrate for failure  to  honor  such  order for
withholding.
    [(h)] (g) All  orders  for  withholding issued
pursuant to this  section  shall  take  precedence
over  any execution  issued  pursuant  to  section
52-361 of the general statutes revised to 1983, or
section   52-361a.  Two   or   more   orders   for
withholding may be  levied concurrently under this
section, but if the total levy in any week exceeds
the maximum permitted under this section, all sums
due shall be  allocated  by  the  [employer]  IV-D
AGENCY IN PROPORTION TO THE AMOUNT OF SUCH ORDERS,
giving  priority in  such  allocation  to  current
support.
    [(i)] (h) Service  of  any  process under this
section, including any  [delinquency]  notice, may
be made in  accordance  with  section 52-57, or by
certified  mail,  return   receipt  requested.  If
service is made  on behalf of the state, it may be
made by an  authorized  employee  of  the  Support
Enforcement  Division  of  the  court,  or  by  an
investigator or other officer of the Child Support
[Division] ENFORCEMENT BUREAU of the Department of
Social  Services or  by  an  investigator  of  the
Bureau of Collection  Services  or by the Attorney
General.
    [(j)] (i) An  applicant  for  employment or an
employee  subject  to  an  order  for  withholding
issued pursuant to  this  section  shall  have the
same  protection from  discipline,  suspension  or
discharge by an  employer  as  provided in section
52-361a.
    [(k)] (j) There  shall  be a fine, of not more
than one thousand  dollars imposed on any employer
who discharges from employment, refuses to employ,
takes disciplinary action against or discriminates
against  an  employee  subject  to  an  order  for
withholding  issued  pursuant   to   this  section
because  of  the   existence  of  such  order  for
withholding  and  the  obligations  or  additional
obligations which it imposes upon the employer.
    [(l)] (k) The  employer  shall notify promptly
the dependent or  the Support Enforcement Division
as   directed   when    the   obligor   terminates
employment,   makes   a    claim    for   workers'
compensation  benefits  or   makes   a  claim  for
unemployment compensation benefits and provide the
obligor's  last-known address  and  the  name  and
address of the obligor's new employer, if known.
    (l)  WHEN  AN   OBLIGOR   WHO  IS  SUBJECT  TO
WITHHOLDING UNDER THIS  SECTION IS IDENTIFIED AS A
NEWLY HIRED EMPLOYEE PURSUANT TO SUBSECTION (d) OF
SECTION  31-2c, THE  STATE  AGENCY  ENFORCING  THE
OBLIGOR'S CHILD SUPPORT  ORDER  SHALL,  WITHIN TWO
BUSINESS DAYS AFTER THE DATE INFORMATION REGARDING
SUCH EMPLOYEE IS  ENTERED INTO THE STATE DIRECTORY
OF NEW HIRES,  ISSUE  A  WITHHOLDING  ORDER TO THE
EMPLOYER  OF  THE   EMPLOYEE  IN  ACCORDANCE  WITH
SUBSECTION (e) OF THIS SECTION.
    (m) The provisions of this section shall be in
addition to and  not  in  lieu of any other remedy
available at law  to enforce or punish for failure
to obey a support order.
    (n) When a  support order is issued in another
state  and  the  obligor  has  income  subject  to
withholding derived in  this  state,  such  income
shall be subject to withholding in accordance with
the  provisions  of   this   section,   upon   the
registration of the  support  order  in accordance
with  sections  46b-198,  46b-198a,  46b-198b  and
46b-198c. At the  request  of the dependent or the
state issuing the  support  order,  the court or a
family  support magistrate  in  this  state  shall
order  an  immediate   or   contingent  order  for
withholding after first providing the obligor with
notice  and  opportunity  to  be  heard  regarding
defenses to the  implementation  of such order for
withholding as provided  in  subsections (c), (d),
(e) and (f) of this section.
    (o) AN EMPLOYER WHO WITHHOLDS THE INCOME OF AN
OBLIGOR PURSUANT TO  A  WITHHOLDING  ORDER  ISSUED
UNDER SUBSECTION (e)  OR  (l) OF THIS SECTION THAT
IS REGULAR ON  ITS  FACE  SHALL  NOT BE SUBJECT TO
CIVIL LIABILITY TO  ANY  INDIVIDUAL  OR AGENCY FOR
CONDUCT IN COMPLIANCE WITH SUCH ORDER.
    [(o)]  (p)  The   IV-D   agency  shall  insure
[prompt] distribution of all money collected under
this section WITHIN TWO BUSINESS DAYS.
    [(p)] (q) The judges of the Superior Court may
adopt any rules  they  deem necessary to implement
the  provisions  of   this  section  and  sections
46b-69a, 46b-178 and  52-361a  and such judges, or
their designee, shall prescribe any forms required
to implement such provisions.
    Sec.  29.  Section   52-362d  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) Whenever an order of the Superior Court or
a family support magistrate for support of a minor
child or children is issued and such payments have
been ordered to  be  made  to the [Commissioner of
Administrative Services directly  or  through  the
Support  Enforcement  Division   of  the  Superior
Court] STATE ACTING BY AND THROUGH THE IV-D AGENCY
and the person against whom such support order was
issued [is in  arrears]  OWES  PAST-DUE SUPPORT in
the amount of  five  hundred  dollars or more, the
[Child   Support   Enforcement   Bureau   of   the
Department of Social  Services  may  place]  STATE
SHALL  HAVE  a  lien  on  any  property,  real  or
personal, in which  such person has an interest to
enforce  payment  of   such  [arrearage]  PAST-DUE
SUPPORT after first  providing  such  person  with
notice  of intent  to  place  such  lien,  and  an
opportunity for a hearing before a hearing officer
to contest the amount of such [arrearage] PAST-DUE
SUPPORT.  The lien  for  [unpaid]  PAST-DUE  child
support  shall  be   secured   [by   filing  of  a
certificate by the Commissioner of Social Services
in the records  of  the town or towns in which any
such  real  or   personal   property   is  located
describing  such  property]  BY  THE  IV-D  AGENCY
PURSUANT TO PROCEDURES  CONTAINED  IN  THE GENERAL
STATUTES APPLICABLE TO  THE TYPE OF PROPERTY TO BE
SECURED. Any such  lien  ON  REAL PROPERTY may, at
any time during  which the obligor owes the amount
of [unpaid] PAST-DUE child support secured by such
lien, be foreclosed  in  an  action  brought  in a
court   of   competent    jurisdiction    by   the
Commissioner of Social Services [if the lien is to
secure a child  support  obligation due the state]
IN A TITLE  IV-D CASE or by the person to whom the
child support is  due.  [in  cases  not  involving
assistance  paid  by  the  state.]  WHEN  PAST-DUE
SUPPORT IS OWING  BOTH  TO  A  FAMILY  AND  TO THE
STATE, THE PROCEEDS  OF  THE LIEN SHALL BE APPLIED
TO THE FAMILY'S  PAST-DUE  SUPPORT FIRST AND, WHEN
THAT  IS  SATISFIED,   TO   THE  STATE'S  PAST-DUE
SUPPORT. A LIEN  FOR  PAST-DUE  SUPPORT ARISING IN
ANY OTHER STATE  SHALL  BE  GIVEN  FULL  FAITH AND
CREDIT BY THIS STATE PROVIDED SUCH OTHER STATE HAS
COMPLIED WITH ITS  PROCEDURAL  RULES  RELATING  TO
RECORDING OR SERVING OF LIENS.
    (b)   On  October   1,   1991,   and   monthly
thereafter,  the  Department  of  Social  Services
shall compile a  list  of  all  obligors  who  owe
overdue support in  the  amount  of  one  thousand
dollars or more  accruing  after  the  entry of an
initial court order  establishing  a child support
obligation. Any overdue  support  in  an amount of
one thousand dollars  or  more shall be subject to
the reporting provisions  of this section unless a
court  or  family   support   magistrate  makes  a
specific finding that  the  amount of such overdue
support shall not  be  reported.  The  state shall
report  to any  participating  consumer  reporting
agency, as defined in 15 USC 1681a(f), information
regarding the amount  of such overdue support owed
by  an obligor  if  the  amount  of  such  overdue
support is one  thousand  dollars  or  more,  on a
computer  tape  in  a  format  acceptable  to  the
consumer reporting agency.  Such information shall
be reported by  the  department  only after notice
has been sent by the department to such obligor of
the proposed action,  and such obligor is given an
opportunity for a hearing before a hearing officer
of the department  to  contest  the  amount of the
alleged arrearage. Any  such  notice  sent to such
obligor  shall  contain  a  telephone  number  and
address of the  Department  of Social Services and
shall contain the following language in bold type:
"If you are  no longer in arrears or have received
this  notice  in   error,   please   contact   the
department at the  following  address or telephone
number." On a  monthly  basis,  the  Department of
Social Services shall  provide  to  each  consumer
reporting   agency  informed   of   the   original
arrearage  of  an   obligor   updated  information
concerning any such  obligor  and  the  status  of
payments, including a  list  of  obligors  who  no
longer owe overdue  support,  in  such  acceptable
computer format. The  department  shall  designate
one or more  persons  in the department to receive
telephone or other  requests  from an obligor or a
consumer reporting agency  regarding  verification
of information supplied  to  a  consumer reporting
agency. The department  shall  respond to any such
request within five  working  days of its receipt.
Upon satisfactory verification  that an obligor is
no longer in  arrears, the department shall send a
statement  to such  obligor,  and  such  statement
shall constitute proof  to  a  creditor  that such
obligor is no  longer in arrears as of the date of
the statement. A  participating consumer reporting
agency  which receives  such  updated  information
from the department that an obligor no longer owes
any overdue support  shall record such information
within thirty days of receipt of such notification
unless the information  was  in a format which was
unusable by the agency or contained an error which
prevented the agency  from  matching  the  updated
information  to  previously   supplied  data.  Any
consumer  reporting agency  which  negligently  or
wilfully fails to use reasonable efforts to comply
with any requirement imposed under this subsection
with respect to an obligor shall be liable to such
obligor in an  amount  equal to the sum of (1) any
actual  damages sustained  by  the  obligor  as  a
result  of  such  failure  and  (2)  a  reasonable
attorney's fee as determined by the court.
    (c) The Comptroller,  upon notification by the
Commissioner of Social  Services that money is due
from any person as a result of a claim for support
which has been  assigned  to the state pursuant to
section  17b-77  or   is   to   be   paid  to  the
[Commissioner of Administrative  Services directly
or through the Support Enforcement Division of the
Superior Court] STATE  ACTING  BY  AND THROUGH THE
IV-D AGENCY, shall  withhold  any  order  upon the
Treasurer for payment  due  from winnings pursuant
to chapter 226  to  such  person unless the amount
payable is first  reduced  by  the  amount of such
claim for support  owed  to  an individual for any
portion of support  which has not been assigned to
the state and then by the amount of such claim for
support   owed  to   the   state,   provided   the
Comptroller shall notify  such  person that (1) an
order upon the  Treasurer  for  payment  has  been
withheld as a  result  of  the amount due for such
support and (2)  he  has  the  right  to a hearing
before  a  hearing   officer   designated  by  the
Commissioner of Social Services if he contests the
amount  of the  alleged  claim  for  support.  The
Comptroller shall submit an order to the Treasurer
for payment to such persons in accordance with any
decisions of the hearing officer or the court upon
appeal of the hearing officer's decision.
    (d) WHENEVER AN ORDER OF THE SUPERIOR COURT OR
A FAMILY SUPPORT MAGISTRATE FOR SUPPORT OF A MINOR
CHILD OR CHILDREN IS ISSUED AND SUCH PAYMENTS HAVE
BEEN ORDERED THROUGH  THE  IV-D  AGENCY,  AND  THE
OBLIGOR AGAINST WHOM SUCH SUPPORT ORDER WAS ISSUED
OWES  OVERDUE SUPPORT  UNDER  SUCH  ORDER  IN  THE
AMOUNT OF FIVE  HUNDRED  DOLLARS OR MORE, THE IV-D
AGENCY,  AS  DEFINED   IN   SUBDIVISION   (12)  OF
SUBSECTION (b) OF  SECTION  46b-231, AS AMENDED BY
SECTIONS 26 AND  36  OF  THIS  ACT, OR THE SUPPORT
ENFORCEMENT DIVISION OF  THE  SUPERIOR  COURT  MAY
NOTIFY  (1)  ANY   STATE   OR  LOCAL  AGENCY  WITH
AUTHORITY TO DISTRIBUTE  BENEFITS  TO SUCH OBLIGOR
INCLUDING,  BUT  NOT   LIMITED   TO,  UNEMPLOYMENT
COMPENSATION AND WORKERS'  COMPENSATION,  (2)  ANY
PERSON HAVING OR  EXPECTING  TO  HAVE  CUSTODY  OR
CONTROL OF OR  AUTHORITY TO DISTRIBUTE ANY AMOUNTS
DUE SUCH OBLIGOR UNDER ANY JUDGMENT OR SETTLEMENT,
(3) ANY FINANCIAL  INSTITUTION  HOLDING  ASSETS OF
SUCH OBLIGOR, AND (4) ANY PUBLIC OR PRIVATE ENTITY
ADMINISTERING A PUBLIC  OR PRIVATE RETIREMENT FUND
IN WHICH SUCH  OBLIGOR  HAS  AN INTEREST THAT SUCH
OBLIGOR OWES OVERDUE  SUPPORT  IN  A  IV-D SUPPORT
CASE. UPON RECEIPT  OF  SUCH  NOTICE, SUCH AGENCY,
PERSON,  INSTITUTION  OR   ENTITY  SHALL  WITHHOLD
DELIVERY OR DISTRIBUTION  OF  ANY  SUCH  BENEFITS,
AMOUNTS, ASSETS OR  FUNDS UNTIL RECEIPT OF FURTHER
NOTICE FROM THE IV-D AGENCY.
    (e) IN IV-D  CASES  IN  WHICH A NOTICE IS SENT
PURSUANT TO SUBSECTION  (d)  OF  THIS SECTION, THE
IV-D AGENCY SHALL  NOTIFY  THE  OBLIGOR  THAT SUCH
BENEFITS,  AMOUNTS,  ASSETS  OR  FUNDS  HAVE  BEEN
WITHHELD AS A  RESULT OF OVERDUE SUPPORT IN A IV-D
SUPPORT CASE IN  ACCORDANCE  WITH  AN ORDER OF THE
SUPERIOR COURT OR  FAMILY  SUPPORT MAGISTRATE. THE
IV-D  AGENCY  SHALL  FURTHER  NOTIFY  THE  AGENCY,
PERSON, INSTITUTION OR  ENTITY  TO WHOM NOTICE WAS
SENT PURSUANT TO SUBSECTION (d) OF THIS SECTION AS
FOLLOWS:  (1) UPON  EXPIRATION  OF  THE  TIME  FOR
REQUESTING A HEARING  SPECIFIED IN SECTION 17b-60,
TO  MAKE  PAYMENT  TO  THE  STATE  FROM  ANY  SUCH
BENEFITS, AMOUNTS, ASSETS  OR  FUNDS  WITHHELD  IN
ACCORDANCE WITH SUBSECTION  (d) OF THIS SECTION TO
SATISFY SUCH OVERDUE SUPPORT PROVIDED, IN THE CASE
OF RETIREMENT FUNDS,  SUCH  PAYMENT  SHALL ONLY BE
MADE IN ACCORDANCE WITH A WITHHOLDING ORDER ISSUED
UNDER SECTION 52-362,  AS AMENDED BY SECTION 28 OF
THIS ACT, WHEN  THE OBLIGOR IS ENTITLED TO RECEIVE
RETIREMENT  BENEFITS  FROM  SUCH  FUND;  (2)  UPON
PAYMENT OF SUCH  OVERDUE  SUPPORT BY SUCH OBLIGOR,
TO RELEASE OR  DISTRIBUTE,  AS  APPROPRIATE,  SUCH
BENEFITS,  AMOUNTS,  ASSETS   OR   FUNDS  TO  SUCH
OBLIGOR; OR (3) UPON ISSUANCE OF A DECISION BY THE
HEARING OFFICER OR  THE  COURT UPON APPEAL OF SUCH
OFFICER'S DECISION, TO  TAKE  SUCH OTHER ACTION AS
MAY BE ORDERED  BY SUCH OFFICER OR SUCH COURT, AND
SUCH AGENCY, PERSON,  INSTITUTION  OR ENTITY SHALL
FORTHWITH COMPLY WITH  SUCH  NOTICE  RECEIVED FROM
THE IV-D AGENCY.
    (f) WHEN OVERDUE SUPPORT IS COLLECTED PURSUANT
TO THIS SECTION  AND OVERDUE SUPPORT IS OWING BOTH
TO  A  FAMILY  AND  TO  THE  STATE,  THE  PROCEEDS
COLLECTED  PURSUANT  TO  SUBSECTION  (e)  OF  THIS
SECTION SHALL BE  APPLIED  TO THE FAMILY'S OVERDUE
SUPPORT  FIRST  AND,  WHEN  THE  FAMILY'S  OVERDUE
SUPPORT  IS  SATISFIED,  TO  THE  STATE'S  OVERDUE
SUPPORT.
    [(d)] (g) The  Commissioner of Social Services
shall  adopt  regulations,   in   accordance  with
chapter 54, setting forth procedures providing for
adequate notice of  (1)  the  right  to  a hearing
before a hearing  officer  and  (2) procedures for
[an administrative] A  FAIR hearing for any person
alleged by the commissioner to owe [a] PAST-DUE OR
OVERDUE child support [arrearage] to the state, or
to  an individual  when  the  payments  have  been
ordered   payable   to    the   [Commissioner   of
Administrative Services directly  or  through  the
Support Enforcement Division]  STATE ACTING BY AND
THROUGH  THE  IV-D  AGENCY,  if  the  commissioner
[intends  to  place]  HAS  FILED  a  lien  on  the
property of such person [, or to claim] OR CLAIMED
an offset against  money  payable by the state [,]
to  enforce  a  claim  for  payment  of  such  [an
arrearage or to report such arrearage] PAST-DUE OR
OVERDUE SUPPORT, OR INTENDS TO SEIZE ANY BENEFITS,
AMOUNTS, ASSETS OR  FUNDS  WITHHELD  IN ACCORDANCE
WITH SUBSECTION (d) OF THIS SECTION OR REPORT SUCH
OVERDUE SUPPORT to a consumer credit agency.
    Sec.  30.  Section   52-362e  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  Subject  to  the  provisions  of  section
52-362h, whenever an  order  of the Superior Court
or a family  support  magistrate  for support of a
minor child or  children  is  issued, and, in AFDC
cases as defined  in  subdivision  [(1)]  (13)  of
subsection (b) of  section  46b-231, AS AMENDED BY
SECTIONS 26 AND 36 OF THIS ACT, the person against
whom such order  was  issued owes past-due support
of  one hundred  fifty  dollars  or  more,  or  in
non-AFDC  IV-D  support   cases,   as  defined  in
SUBDIVISION  (13) OF  subsection  (b)  of  section
46b-231, AS AMENDED  BY SECTIONS 26 AND 36 OF THIS
ACT, the person against whom such order was issued
owes [past due]  PAST-DUE  support of five hundred
dollars or more,  the  state  shall  submit to the
Internal  Revenue  Service   through  the  federal
Office of Child  Support  Enforcement  the name of
such  person  and  request  the  withholding  from
refunds  of federal  income  taxes  owed  to  such
person of an amount equal to the past-due support,
and payment of  such  withheld amount to the state
for distribution to the state for reimbursement of
public assistance in  AFDC  cases  and in non-AFDC
IV-D  support  cases   for   distribution  to  the
guardian or custodial  parent  of such minor child
or children, after first deducting from the amount
payable to such  guardian  or  custodial  parent a
collection fee determined  by the Secretary of the
Treasury  to  be   sufficient   to  reimburse  the
Internal  Revenue Service  for  the  cost  of  the
offset procedure.
    (b) Subject to  the  provisions  of subsection
(c) of this  section,  whenever  an  order  of the
Superior Court or  a family support magistrate for
support of a  minor  child  or children is issued,
and, in AFDC  cases,  the person against whom such
support order is  issued  owes past-due support of
one hundred fifty  dollars or more, or in non-AFDC
IV-D support cases  the  person  against whom such
order is issued  owes  past-due  support  of  five
hundred dollars or  more, the Department of Social
Services  shall  submit  to  the  Commissioner  of
Administrative Services the  name  of  such person
and request the  withholding from refunds of state
income taxes owed  to  such  person  of  an amount
equal to the past-due support, and payment of such
withheld amount by  the  Commissioner  of  Revenue
Services to the  state  for  distribution  to  the
state for reimbursement  of  public  assistance in
AFDC cases and  in non-AFDC IV-D support cases for
distribution to the  guardian  or custodial parent
of such minor child or children. Whenever an order
of the Superior Court or family support magistrate
is issued against  a  parent  to cover the cost of
health insurance for  a  child who is eligible for
Medicaid and such parent has received payment from
a third party  for  the costs of services provided
under such health coverage for such child but such
parent has not used such payments to reimburse, as
appropriate, either the  other  parent or guardian
or the provider of such services, the Commissioner
of   Social   Services   shall   submit   to   the
Commissioner of Administrative  Services  the name
of such person  and  request  the withholding from
refunds of state  income taxes owed to such person
of an amount necessary to reimburse the Department
of  Social  Services  for  such  costs  under  the
Medicaid program, and payment of such amount shall
be  withheld  by   the   Commissioner  of  Revenue
Services  and distributed  to  the  Department  of
Social Services for  reimbursement.  However,  any
claims for current or past due child support shall
take priority over  any  such claims for the costs
of such services.
    (c)  WHEN  PAST-DUE   SUPPORT   IS   COLLECTED
PURSUANT TO SUBSECTION  (b)  OF  THIS  SECTION AND
PAST-DUE SUPPORT IS  OWING BOTH TO A FAMILY AND TO
THE STATE, THE PROCEEDS COLLECTED SHALL BE APPLIED
TO THE FAMILY'S  OVERDUE  SUPPORT  FIRST AND, WHEN
THE FAMILY'S OVERDUE  SUPPORT IS SATISFIED, TO THE
STATE'S OVERDUE SUPPORT.
    [(c)] (d) The  Commissioner of Social Services
shall  adopt  regulations,   in   accordance  with
chapter 54, setting forth procedures in compliance
with federal law  and regulations under Title IV-D
of the Social  Security Act providing for adequate
notice of (1) the right to a review by the Support
Enforcement Division of  the  Superior  Court, (2)
the right to  [an  administrative]  A FAIR hearing
before a hearing  officer, (3) a list of available
defenses  including  the   defense   described  in
section  52-362h  and   (4)   procedures  for  [an
administrative] A FAIR  hearing for any person who
is alleged to  owe [an arrearage] PAST-DUE SUPPORT
and is subject to the provisions of this section.
    Sec. 31. (NEW)  For  the  purposes of sections
52-362d of the  general  statutes,  as  amended by
section 29 of  this  act,  52-362e  of the general
statutes, as amended  by  section  30 of this act,
52-362g, and 52-362h of the general statutes:
    (1) "Past-due support"  means  any  one  or  a
combination of the  following:  (A)  Court ordered
current support or  arrearage  payments which have
become due and  payable  and  remain  unpaid;  (B)
unpaid  support  which   has  been  reduced  to  a
judgment or otherwise  found  to be due by a court
of   competent  jurisdiction,   whether   or   not
presently payable; (C)  support  due  for  periods
prior to an  action  to  establish a child support
order, provided such  amounts  are  based upon the
obligor's ability to  pay during the prior periods
if  known or,  if  not  known,  on  the  obligor's
current ability to pay if known, or, if not known,
upon assistance rendered to the obligor's child.
    (2)  "Overdue  support"  means  a  delinquency
accruing after the entry of an initial court order
establishing a child support obligation.
    Sec.  32.  Section   46b-220  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) For the purposes of this section:
    (1) "Delinquent child  support  obligor" means
(A) an obligor  who owes overdue support, accruing
after the entry  of  a  court  order, in an amount
which exceeds ninety  days of periodic payments on
a current support or arrearage payment order; [or]
(B)  an obligor  who  has  failed  to  make  court
ordered  medical  or   dental  insurance  coverage
available within ninety  days of the issuance of a
court order or who fails to maintain such coverage
pursuant to court  order  for  a  period of ninety
days; OR (C)  AN  OBLIGOR  WHO  HAS  FAILED, AFTER
RECEIVING  APPROPRIATE  NOTICE,   TO  COMPLY  WITH
SUBPOENAS OR WARRANTS  RELATING  TO  PATERNITY  OR
CHILD SUPPORT PROCEEDINGS;
    (2)    "License"    means     each    license,
certification or permit  to engage in a profession
or occupation regulated pursuant to the provisions
of title 19a,  20  or  21,  [or]  a  motor vehicle
operator's  license  or   a   commercial  driver's
license  issued  by   the  Commissioner  of  Motor
Vehicles  in  accordance  with  chapter  246,  AND
LICENSEES AND PERMITS  ISSUED BY THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION PURSUANT  TO  PART III OF
CHAPTER 490 OF TITLE 26;
    (3)  "Licensing authority"  means  any  board,
commission, department or  official with authority
to issue a license;
    (4) "Obligor" means any person owing a duty of
child support;
    (5) "Obligee" means  the  person  or entity to
whom child support payments are owed;
    (6) "PAST-DUE SUPPORT"  MEANS  ANY  ONE  OR  A
COMBINATION OF THE  FOLLOWING:  (A)  COURT ORDERED
CURRENT SUPPORT OR  ARREARAGE  PAYMENTS WHICH HAVE
BECOME DUE AND  PAYABLE  AND  REMAIN  UNPAID;  (B)
UNPAID  SUPPORT  WHICH   HAS  BEEN  REDUCED  TO  A
JUDGMENT OR OTHERWISE  FOUND  TO BE DUE BY A COURT
OF   COMPETENT  JURISDICTION,   WHETHER   OR   NOT
PRESENTLY PAYABLE; (C)  SUPPORT  DUE  FOR  PERIODS
PRIOR TO AN  ACTION  TO  ESTABLISH A CHILD SUPPORT
ORDER, PROVIDED SUCH  AMOUNTS  ARE  BASED UPON THE
OBLIGOR'S ABILITY TO  PAY DURING THE PRIOR PERIODS
IF  KNOWN OR,  IF  NOT  KNOWN,  ON  THE  OBLIGOR'S
CURRENT ABILITY TO PAY IF KNOWN, OR, IF NOT KNOWN,
UPON ASSISTANCE RENDERED TO THE OBLIGOR'S CHILD;
    (7)  "OVERDUE  SUPPORT"  MEANS  A  DELINQUENCY
ACCRUING AFTER THE ENTRY OF AN INITIAL COURT ORDER
ESTABLISHING A CHILD SUPPORT OBLIGATION.
    (b) The Superior  Court and any family support
magistrate may issue  a  suspension  order,  which
suspends the license of a delinquent child support
obligor, to enforce  a  child  support order. Such
suspension  order  shall  specify  the  conditions
which must be  met to avoid license suspension and
shall  be effective  only  on  the  filing  of  an
affidavit, sufficient under subsection (c) of this
section  as to  the  obligor's  delinquency.  Such
order  shall  also   specify   the  conditions  of
reinstatement of any such suspended license in the
event of suspension by the court or family support
magistrate. In IV-D  cases the order shall specify
that  the  Department  of  Social  Services  shall
notify the licensing  authority  of the suspension
order and of compliance with or rescission of such
order. In non-IV-D  cases, the order shall specify
the procedure for  notification  of  the licensing
authority  of  the   suspension   order   and   of
compliance with or  rescission  of  such order and
the person required  to provide such notification.
No judge or  family support magistrate may issue a
suspension order unless  he  finds (1) the obligor
has received actual  notice  of the proceeding and
that  a  motor   vehicle   operator's  license  or
professional,  [or] occupational  OR  RECREATIONAL
license which he  holds  may be suspended, (2) the
noncompliance with his  child  support obligations
was  wilful  and   without  good  cause,  (3)  the
suspension order is  fair  and  equitable, (4) the
obligor  has  sufficient  financial  resources  to
comply  with  the   conditions  specified  in  the
suspension order. A  copy  of any suspension order
issued against a  nonappearing  obligor  shall  be
sent to the  obligor  by first class mail, postage
prepaid by the  Department of Social Services, or,
in any non-IV-D  case, any person specified in the
suspension order.
    (c) If the  obligor  fails  to comply with the
conditions of a  suspension  order  within  thirty
days of the issuance of such order, the Department
of Social Services, a support enforcement officer,
the attorney for  the  obligee  or the obligee, as
provided in the  suspension order, shall file with
the court or assistant clerk of the Family Support
Magistrate Division, an affidavit stating that the
conditions of the  suspension  order have not been
met, and provide  the  obligor with a copy of such
affidavit. Such affidavit  shall  be  filed within
forty-five  days  of   the   expiration   of  such
thirty-day period. Such  suspension order shall be
effective upon the filing of such affidavit.
    (d)  If  (1)   the   obligor   satisfies   the
conditions of the  suspension  order within thirty
days of the  issuance  of such suspension order or
(2) the affidavit  is  not filed within forty-five
days of the  expiration of such thirty-day period,
such order shall  be  null and void and shall have
no further effect.
    (e) Upon receipt  of  an effective court order
directing suspension of  a license, the Department
of Social Services  or,  in any non-IV-D case, any
person specified in  such  order shall provide the
licensing authority with  a copy of the suspension
order  and  affidavit.   The  licensing  authority
shall, upon receipt  of  such order and affidavit,
suspend   such   license.   Upon   the   obligor's
compliance  with the  conditions  of  the  license
suspension order concerning reinstatement, or upon
any  subsequent  order  of  the  court  or  family
support  magistrate  to   rescind   such   license
suspension,   the   licensing    authority   shall
immediately reinstate such  license.  No licensing
authority may charge  a  fee for the reinstatement
of  any such  license  which  exceeds  the  actual
administrative cost of such reinstatement.
    Sec.  33.  Section   46b-221  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The  Commissioner  of   Social   Services  may
provide  notice  to   all  IV-D  delinquent  child
support obligors of the availability of the remedy
of suspension of motor vehicle operator's licenses
and   professional,   [and]    occupational    AND
RECREATIONAL licenses pursuant to section 46b-220,
AS AMENDED BY  SECTION 32 OF THIS ACT. Such notice
shall  comply  with   the  provisions  of  section
52-362g.
    Sec. 34. (NEW)  (a) The Social Security number
of the applicant  shall  be  recorded  on each (1)
application for a license, certification or permit
to engage in  a profession or occupation regulated
pursuant to the  provisions of title 19a, 20 or 21
of the general  statutes;  (2)  application  for a
commercial driver's license or commercial driver's
instruction   permit   completed    pursuant    to
subsection (a) of  section  14-44c  of the general
statutes;  and  (3)  application  for  a  marriage
license made under  section  46b-25 of the general
statutes, as amended by section 16 of this act.
    (b)  The  Social   Security   number   of  any
individual who is  subject  to  a  dissolution  of
marriage  decree,  support   order   or  paternity
determination or acknowledgment shall be placed in
the records relating to the matter.
    (c) The Social Security number of the deceased
person shall be recorded on each death certificate
completed in accordance  with  subsection  (b)  of
section 7-62b of  the general statutes, as amended
by section 5 of this act.
    (d)  Any  Social   Security   number   of  any
individual  on any  record  or  document  required
pursuant to this  section  shall  not be disclosed
except as provided  under  section  17b-137 of the
general statutes, as  amended by section 9 of this
act.
    Sec.  35.  Section   46b-69b  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  The  Family   Division  of  the  Judicial
Department shall establish  a  parenting education
program for parties  involved in any action before
the Superior Court  under  section  46b-1,  except
actions brought under  section  46b-15 and chapter
815t. For purposes  of  this section, a "parenting
education program" means  a course designed by the
Judicial Department to  educate persons, INCLUDING
UNMARRIED PARENTS, on  the  impact  on children of
the restructuring of  families.  The  course shall
include, but not be limited to, information on the
developmental stages of  children,  adjustment  of
children   to   parental    separation,    dispute
resolution and conflict management, guidelines for
visitation,  stress  reduction   in  children  and
cooperative parenting.
    (b) The court  shall  order  any  party  to an
action specified in subsection (a) of this section
to participate in  such  program  whenever a minor
child is involved  in  such  action unless (1) the
parties agree, subject  to  the  approval  of  the
court, not to participate in such program, (2) the
court, on motion, determines that participation is
not deemed necessary or (3) the parties select and
participate in a  comparable  parenting  education
program. A FAMILY  SUPPORT  MAGISTRATE  MAY  ORDER
PARTIES INVOLVED IN  ANY  ACTION BEFORE THE FAMILY
SUPPORT MAGISTRATE DIVISION TO PARTICIPATE IN SUCH
PARENTING EDUCATION PROGRAM,  UPON  A FINDING THAT
SUCH PARTICIPATION IS  NECESSARY AND PROVIDED BOTH
PARTIES ARE PRESENT  WHEN SUCH ORDER IS ISSUED. No
party shall be  required  to  participate  in such
program more than once. A party shall be deemed to
have satisfactorily completed  such  program  upon
certification  by  the  service  provider  of  the
program.
    (c) The Family  Division  shall,  by  contract
with  service  providers,   make   available   the
parenting education program  and  shall certify to
the   court   the    results   of   each   party's
participation in the program.
    (d) Any person  who  is ordered to participate
in  a  parenting   education   program  shall  pay
directly to the  service  provider a participation
fee, except that  no  person  may be excluded from
such program for  inability  to  pay such fee. Any
contract entered into  between the Family Division
and the service  provider  pursuant  to subsection
(c) of this  section  shall include a fee schedule
and  provisions  requiring  service  providers  to
allow persons who are indigent or unable to pay to
participate in such program and shall provide that
all costs of  such program shall be covered by the
revenue  generated from  participants'  fees.  The
total cost for  such  program shall not exceed two
hundred dollars per  person.  Such amount shall be
indexed annually to reflect the rate of inflation.
The program shall not exceed a total of ten hours.
    (e) Any service  provider  under contract with
the Family Division pursuant to this section shall
provide safety and  security  for  participants in
the program, including victims of family violence.
    Sec. 36. Subsection  (m) of section 46b-231 of
the  general  statutes   is   amended   by  adding
subdivision (12) as follows:
    (NEW) (12) A  family  support  magistrate  may
order  parties to  participate  in  the  parenting
education   program   in   accordance   with   the
provisions  of  section  46b-69b,  as  amended  by
section 35 of this act.
    Sec.  37.  Section   46b-164  of  the  general
statutes is repealed.
    Sec. 38. This  act  shall  take effect July 1,
1997.

Approved June 30, 1997