Sec. 4a-12. (Formerly Sec. 4-68a). Collection services performed by Commissioner of Administrative Services. Referral of delinquent accounts to consumer collection agencies or attorney who practices i
Sec. 4a-12. (Formerly Sec. 4-68a). Collection services performed by Commissioner of Administrative Services. Referral of delinquent accounts to consumer
collection agencies or attorney who practices in area of debt collection. Liable relatives defined. (a) The Commissioner of Administrative Services shall be responsible
for the following: (1) Investigation, determination, billing and collection of all charges
for support of persons aided, cared for or treated in a state humane institution, as defined
in section 17b-222, and enforcement of support obligations of the liable relatives of
such persons; (2) billing and collection of any money due to the state in public assistance
cases, and enforcement of support obligations of liable relatives in such cases; (3) collection of benefits and maintenance of trustee accounts therefor; and (4) such collection
services for other state agencies and departments as shall be agreed to between said
commissioner and the heads of such other agencies and departments.
(b) Any debt referred to the Department of Administrative Services by a state agency
may be referred by the commissioner to a consumer collection agency, licensed under
section 36a-801, or, with the approval of the Attorney General, to an attorney admitted
under the provisions of section 51-80 who practices in the area of debt collection, for
collection, provided the debtor has been given at least thirty days' notice that the debt
will be so referred.
(c) For purposes of this section, "liable relative" means the husband or wife of
any person receiving public assistance or aided, cared for or treated in a state humane
institution, as defined in said section 17b-222, and the father and mother of any such
person under the age of eighteen years, but shall not include the parent or parents whose
financial liability for a child is determined by the Bureau of Child Support Enforcement
under subsection (b) of section 17b-179. The Commissioner of Administrative Services,
in consultation with the Secretary of the Office of Policy and Management, shall adopt
regulations in accordance with the provisions of chapter 54 establishing: (1) A uniform
contribution scale for liable relatives based upon ability to pay and the administrative
feasibility of collecting such contributions, provided no such liable relative shall contribute an amount in excess of twelve per cent of the remainder, if any, after the state median
income, adjusted for family size, has been deducted from such liable relative's taxable
income for federal income tax purposes, or if such federal income tax information is
unavailable, from such relative's taxable income, as calculated from other sources, including, but not limited to, information pertaining to wages, salaries and commissions
as provided by such relative's employer; (2) the manner in which the Department of
Administrative Services shall determine and periodically reinvestigate the ability of
such liable relatives to pay; and (3) the manner in which the department shall waive
such contributions upon determination that such contribution would pose a significant
financial hardship upon such liable relatives.
(d) Notwithstanding the provisions of subsection (c) of this section, no liability shall
be imposed upon a liable relative upon determination by the Department of Developmental Services, Social Services, Children and Families, Mental Health and Addiction
Services or Public Health that the benefit of the assistance or service provided would
be significantly impaired by the imposition of such liability. Each such department may
waive all or part of any liability resulting from its delay in establishing such liability if
it determines that imposition of such liability would pose a significant financial hardship
upon a liable relative.
(1967, P.A. 314, S. 1; P.A. 73-450; P.A. 75-430; P.A. 77-614, S. 86, 323, 610; P.A. 78-298, S. 7, 14; P.A. 87-421, S.
1, 13; P.A. 90-213, S. 16, 56; P.A. 91-57, S. 1; P.A. 92-79, S. 1; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87; 93-381, S. 9, 39; 93-396, S. 14; May Sp. Sess. P.A. 94-5, S. 18, 30; P.A. 95-257, S. 5, 11, 12, 21, 58; P.A. 98-250, S. 13, 39; P.A. 99-2, S. 1,
2; 99-193, S. 2, 16; P.A. 00-115; P.A. 07-73, S. 2(a).)
History: P.A. 73-450 replaced Sec. 17-21 with Sec. 4-68g in Subdiv. (3), added Subdiv. (4) concerning collection
services for other state agencies and deleted temporary provision concerning transfer of welfare department personnel to
division of central collections; P.A. 75-430 added Subsec. (b) concerning transfer of debt to consumer collection agency
for collection; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services
and department of health with department of health services, the latter, effective January 1, 1979; P.A. 78-298 deleted
reference to collection of resources under Sec. 4-68q from Subdiv. (3); P.A. 87-421 added Subsecs. (c) and (d) re relatives'
legal liability and amended Subsec. (a) by substituting "state humane institution, as defined in section 17-294" for "hospitals,
institutions and facilities operated by the departments of health services and mental health" and by deleting a reference in
Subsec. (a)(2) to "child welfare" cases; Sec. 4-68a transferred to Sec. 4a-12 in 1989; P.A. 90-213 inserted new Subdiv.
(4) in Subsec. (a) providing the commissioner of administrative services with the responsibility for the billing and collection
of child support payments in certain IV-D cases, renumbering former Subdiv. (4) as (5); P.A. 91-57 repealed provision in
Subsec. (b) allowing commissioner to refer debt only to collection agency "maintaining an office in the country in which
the debtor resides"; P.A. 92-79 amended Subsec. (c) to provide that a liable relative's taxable income may be determined
from other sources if federal income tax information is unavailable; P.A. 93-91 substituted commissioner and department
of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution of department of social services for department of income maintenance, effective July 1, 1993;
P.A. 93-381 replaced Connecticut alcohol and drug abuse commission with department of public health and addiction
services, effective July 1, 1993; P.A. 93-396 made a technical change in Subdiv. (4); May Sp. Sess. P.A. 94-5 deleted
former Subsec. (a)(4) re billing and collection of any money due in IV-D cases and of any money due in non-IV-D spouse
and child support cases made payable through the support enforcement division from the duties of the commissioner
of administrative services, renumbering former Subdiv. (5) accordingly, effective July 1, 1994; P.A. 95-257 replaced
Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public
Health and replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental
Health and Addiction Services, effective July 1, 1995; P.A. 98-250 amended Subsec. (c)(1) to change limit on amount
liable relative shall contribute from an amount in excess of 12% rather than 25%, substituted "the state median income"
for "two hundred per cent of the federal poverty income guidelines" and added waiver authority in Subsec. (d), effective
July 1, 1998; P.A. 99-2 amended Subsec. (b) by repealing condition that Department of Administrative Services be unable
to collect debt for six months after referral by state agency before referring to a consumer collection agency, effective July
1, 1999; P.A. 99-193 amended Subsec. (c) by adding exception for parents whose financial liability is determined by the
Bureau of Child Support Enforcement, effective July 1, 1999; P.A. 00-115 amended Subsec. (b) by permitting, with the
approval of the Attorney General, collection of debt to be referred to attorney who practices in the area of debt collection;
pursuant to P.A. 07-73 "Department of Mental Retardation" was changed editorially by the Revisors to "Department of
Developmental Services", effective October 1, 2007.
See Sec. 38a-318a re information provided to commissioner re filed liability insurance claims.
Annotation to former section 4-68a:
Cited. 37 CS 825.