Sec. 17b-81. (Formerly Sec. 17-82e). Investigations of legally liable relatives by commissioner.
Sec. 17b-81. (Formerly Sec. 17-82e). Investigations of legally liable relatives
by commissioner. (a) The commissioner shall investigate the financial condition of
each legally liable relative, as defined in section 4a-12, and shall make a determination
as to the financial ability of each such relative in accordance with the uniform contribution scale established by the Commissioner of Administrative Services in accordance
with said section 4a-12, and shall notify in writing each such relative of the amount each
is found able to contribute toward such support, and each such relative shall be liable in
said amount from the date of such notice, retroactive to the date of granting of assistance,
unless and until such support responsibility shall be otherwise fixed by a court of competent jurisdiction. When any finding or written agreement to support, or any modification
thereof is made with the commissioner by the liable relative and is filed with the clerk
of the superior court for the judicial district in which the applicant, recipient, beneficiary
or liable relative resides, or the assistant clerk of the Family Support Magistrate Division
in the judicial district where the applicant resides, such agreement shall have the same
force and effect as an order of support by said court, and shall be enforceable in the
same manner as orders of support issued by said court or a family support magistrate,
provided any court of competent jurisdiction, or a family support magistrate, called
upon to enforce such agreement, including a finding consented to by the relative, after
notice to all parties, shall fully review such determination as to financial ability and
shall insure that such determination is reasonable in light of the relative's ability to pay
and may modify such finding prospectively, retroactively or both. Such determination
shall not be affected by appeal but shall continue in effect, until the appeal is denied,
or unless changed by order of the court or family support magistrate. The commissioner
shall periodically reinvestigate the financial condition of such relatives and shall give
written notice of any change in the determination of ability to contribute.
(b) The Commissioner of Social Services shall continue to independently determine
parental support obligations under subsection (b) of section 17b-179, notwithstanding
the uniform contribution scale developed pursuant to section 4a-12. The commissioner
shall promulgate support guidelines for such cases.
(c) The Commissioner of Social Services shall determine a legally liable relative
contribution for the spouse of an institutionalized recipient of Medicaid only when such
spouse has income in excess of (1) the minimum monthly needs allowance or (2) the
monthly needs allowance for such spouse as determined by the commissioner, through
a fair hearing or court proceeding. The amount of such contribution shall not cause the
income of such spouse to fall below said minimum monthly needs allowance or said
monthly needs allowance for such spouse as determined by the commissioner, through
a fair hearing or court proceeding. The spouse of an institutionalized individual, for
whom a legally liable relative contribution is determined, may request a fair hearing
regarding the amount of the contribution.
(1969, P.A. 541; 730, S. 20; 1971, P.A. 786; 1972, P.A. 127, S. 26; P.A. 73-616, S. 12; P.A. 74-183, S. 212, 291; P.A.
76-334, S. 4, 12; 76-436, S. 182, 681; P.A. 77-452, S. 8, 72; 77-594, S. 2, 7; P.A. 81-62; June Sp. Sess. P.A. 83-34, S. 3,
8; P.A. 84-159, S. 2; P.A. 86-359, S. 26, 44; P.A. 87-421, S. 3, 13; P.A. 93-262, S. 1, 87; P.A. 95-166.)
History: 1971 act clarified circumstances under which complaint for nonsupport to be brought; 1972 act replaced
reference to those under 21 with reference to those under 18 reflecting change in age of majority; P.A. 73-616 deleted
reference to assistance under part II of chapter; P.A. 74-183 replaced circuit court and "circuit" with court of common
pleas and "county or judicial district"; P.A. 76-334 made relatives' liability retroactive to date assistance was granted,
added provisions re agreements to support made between commissioner and liable relative and deleted provisions re fair
hearing and criminal complaint; P.A. 76-436 and P.A. 77-452 replaced court of common pleas with superior court, effective
July 1, 1978; P.A. 77-594 clarified geographical area as that in which applicant or beneficiary lives as well as that in which
liable relative lives; P.A. 81-62 extended parental financial responsibility to children less than 21 years of age if the child
in question is in full-time attendance at school; June Sp. Sess. P.A. 83-34 changed the reference to the age of applicants
and recipients who are students from under 21 to under 19 and added the provision that the student reasonably be expected
to complete the program before he attains age 19; P.A. 84-159 removed the requirement for children to contribute to the
support of their parents who are less than 65 years of age; P.A. 86-359 changed "serving the geographical area" to "for
the judicial district", added "or the assistant clerk of the family support magistrate division in the judicial district where
the applicant resides" and added "or a family support magistrate"; P.A. 87-421 made the existing section Subsec. (a),
substituted language on legally liable relative and the uniform contribution scale for references to spouse and parents and
"reasonable" contribution established by the commissioner of income maintenance, and added Subsec. (b); P.A. 93-262
authorized substitution of commissioner and department of social services for commissioner and department of human
resources, effective July 1, 1993; Sec. 17-82e transferred to Sec. 17b-81 in 1995; P.A. 95-166 added Subsec. (c) re determination of contribution amount levied on spouse of institutionalized Medicaid recipient.
Annotations to former section 17-82e:
Section neither requires nor authorizes welfare commissioner to limit his consideration of dependents to strictly legal
obligations in permitting exemptions from gross income. 170 C. 258. Cited. Id., 258. Cited. 185 C. 180. Cited. 206 C. 636.
Cited. 207 C. 743.
Cited. 33 CS 769. Cited. 34 CS 281; Id., 284. Statute is procedural in nature and not subject to prohibition against
retrospective application. 35 CS 603. Judgment does not violate rights to equal protection since statute provides for enforcement of retrospective liability for support against any parent and right exists to obtain judgment for full amount against
one of several debtors jointly liable. Id., 628. Cited. 37 CS 745; Id., 891. Cited. 38 CS 503.
Cited. 6 Conn. Cir. Ct. 697.