(a) The Commissioner of Children and Families may, after consultation with the Commissioner of Administrative Services, establish by regulation a payment system, which shall be adopted in accordance with chapter 54, for the direct payment of the reasonable expense of goods or services determined by said commissioner to be necessary for the care and maintenance of any child in the commissioner's custody, or under the commissioner's guardianship, whether or not the child has income or estate. Ninety per cent of a clean claim for payments shall be made no later than thirty days from receipt of the request for payment and ninety-nine per cent shall be made within ninety days of such receipt. Upon request of the Commissioner of Children and Families, the Comptroller shall draw an order on the Treasurer, from time to time, for such part of the appropriation for care of such children as may be needed in order to enable the commissioner to make such payments. The Department of Administrative Services may bill to and collect from the person in charge of the estate of any child in the custody of the Commissioner of Children and Families or under said commissioner's guardianship, or the payee of such child's income, the total amount expended for care of such child or such portion thereof as any such estate or payee is able to reimburse, provided the department shall not collect from such estate or payee any reimbursement for the cost of care or other expenditures made on behalf of such child from (1) the proceeds of any cause of action received by such child; (2) any lottery proceeds due to such child; (3) any inheritance due to such child; (4) any payment due to such child from a trust other than a trust created pursuant to 42 USC 1396p, as amended from time to time; or (5) the decedent estate of such child. For the purposes of this section “clean claim” means a claim which can be processed without obtaining additional substantiation from the applicant for payment or other person entitled to receive payment. A claim submitted by an applicant who is under investigation for fraud or abuse shall not be considered a clean claim.
(b) The Commissioner of Children and Families and the Commissioner of Education shall jointly develop a single cost accounting system, on forms developed jointly by the Department of Children and Families and the Department of Education, which may be the basis for the payment of reasonable expenses for room and board and education by purchase of service agreement to private residential treatment centers that provide on-campus educational services and are licensed pursuant to section 17a-145. The Commissioner of Children and Families, after consultation with the Commissioner of Education, shall adopt regulations in accordance with the provisions of chapter 54 to administer the system, which may provide for the combining of procedures within the Department of Children and Families and the Department of Education for administering the system, including the holding of joint hearings and reviews. Annually, on or before a date established by the Commissioner of Children and Families, each residential treatment center shall submit to the Department of Children and Families, on forms provided by said department and the Department of Education, the audited costs of its approved programs for the preceding year as certified by a certified public accounting firm. On and after July 1, 1983, no additional services shall be included in the calculation of such reasonable expenses unless such services are approved by the Commissioner of Children and Families or the Commissioner of Education.
(c) During the two-year period commencing July 1, 1985, the Commissioner of Children and Families and the Commissioner of Education shall implement the cost accounting system developed pursuant to subsection (b) of this section. On and after July 1, 1987, said system shall be the basis for the payment of reasonable expenses for room and board and education, by purchase of service agreement, to private residential treatment centers, provided said system shall not be applicable to any treatment center which does not submit the audited costs of its approved programs for the preceding year in accordance with the provisions of said subsection (b).
(d) Any cost-of-living adjustment provided in section 4 of public act 98-250* shall be applicable only to the room and board rate and shall not be applicable to the education rate.
(e) The Commissioner of Children and Families may establish a performance-based payment system for child care facilities that serve children in the custody of the commissioner and are licensed pursuant to section 17a-145. Any payments made pursuant to this subsection shall be reinvested in the child care facility to provide program enhancements and salary increases for direct care staff. Such payments shall not be considered income to the child care facility for purposes of establishing payments under the single cost accounting system established pursuant to subsection (b) of this section.
(P.A. 75-246; P.A. 77-614, S. 70, 71, 610; P.A. 79-565, S. 2; P.A. 83-471, S. 1, 3; P.A. 84-409, S. 1, 3; P.A. 90-119, S. 2; P.A. 93-91, S. 1, 2; P.A. 94-245, S. 8, 46; P.A. 98-250, S. 29, 39; P.A. 07-203, S. 2; P.A. 10-179, S. 34; P.A. 11-25, S. 2.)
*Note: Section 4 of public act 98-250 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.
History: P.A. 77-614 replaced commissioner of finance and control and central collection division of finance and control department with commissioner and department of administrative services; P.A. 79-565 added provisions re “clean claim” payments; P.A. 83-471 added Subsec. (b) re single cost accounting system for room and board and education expenses; P.A. 84-409 added new Subsec. (c) re implementation of the cost accounting system and use of the system as the basis for the payment of reasonable expenses for room, board and education; P.A. 90-119 authorized the department of administrative services to bill to and collect from the estate of any child in the custody of the commissioner of children and youth services; Sec. 17-421a transferred to Sec. 17a-17 in 1991; 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. 94-245 amended Subsec. (b) to allow the regulations to provide for the combining of procedures within the department of children and families and the department of education for administering the system including the holding of joint hearings and reviews, effective June 2, 1994; P.A. 98-250 added Subsec. (d) re cost-of-living adjustment applicability, effective July 1, 1998; P.A. 07-203 amended Subsec. (a) by deleting “including his descendants' estate” and adding proviso re collection of reimbursement from the estate or payee of a child for the cost of care of such child, effective July 10, 2007; P.A. 10-179 amended Subsec. (a) by making technical changes, amended Subsec. (b) by specifying that payments are made to treatment centers that provide on-campus educational services and added Subsec. (e) re establishment of performance-based payment system for child care facilities and reinvestment of payments, effective May 7, 2010; P.A. 11-25 made technical changes in Subsec. (b).
Structure Connecticut General Statutes
Title 17a - Social and Human Services and Resources
Chapter 319 - Department of Children and Families
Section 17a-1. (Formerly Sec. 17-410). - Definitions.
Section 17a-2. (Formerly Sec. 17-411). - Composition of department. Name change.
Section 17a-3a. - Connecticut Juvenile Training School. Department duties.
Section 17a-4a. - Children's Behavioral Health Advisory Committee. Membership. Reports.
Section 17a-5. (Formerly Sec. 17-414). - Appointment of commissioner.
Section 17a-6. (Formerly Sec. 17-415). - Powers and duties of commissioner.
Section 17a-6f. - Software application for computers and mobile devices.
Section 17a-10d. - Youth advisory councils.
Section 17a-15a. - Inclusion of information in documents concerning permanent placement plan.
Section 17a-15d. - Policy re Social Security disability insurance benefit payments.
Section 17a-16a. - School placement for children in out-of-home care. Nexus school districts.
Section 17a-18. (Formerly Sec. 17-422). - Receipt of grants or gifts.
Section 17a-19. (Formerly Sec. 17-422a). - Administration of the parent-child resource system.
Section 17a-22c. - Performance measures for Connecticut Community KidCare. Curricula and training.
Section 17a-22e. - Reports re implementation of Connecticut Community KidCare to General Assembly.
Section 17a-22gg. - Home Visitation Program Consortium.
Section 17a-22h. - Behavioral Health Partnership. Development and implementation.
Section 17a-22hh. - Data repository for emergency mobile psychiatric services personnel.
Section 17a-22ii. - Mental and Behavioral Health Treatment Fund.
Section 17a-22j. - Behavioral Health Partnership Oversight Council. Members. Duties.
Section 17a-22jj. - Social Determinants of Mental Health Fund.
Section 17a-22l. - Consumer and provider appeal procedures.
Section 17a-22m. - Annual evaluation of Behavioral Health Partnership. Report to General Assembly.
Section 17a-23. (Formerly Sec. 17-427). - High Meadows. Function; age limits.
Section 17a-26. (Formerly Sec. 17-430). - Use of federal funds available for services to children.
Section 17a-27a. - Long Lane School Advisory Board established. Composition. Report.
Section 17a-27e. - Connecticut Juvenile Training School. Standards.
Section 17a-30. (Formerly Sec. 17-434). - Regional advisory councils. Appointments and terms.
Section 17a-32. (Formerly Sec. 17-435a). - Names of children's facilities designated.
Section 17a-36. (Formerly Sec. 17-439). - Financial liability for services.
Section 17a-38. (Formerly Sec. 17-441a). - Home-based treatment programs.
Section 17a-42. (Formerly Sec. 17-444). - Photo-listing service established.
Section 17a-43. (Formerly Sec. 17-444a). - Registration with photo-listing service.
Section 17a-45. (Formerly Sec. 17-444c). - Referral to photo-listing service.
Section 17a-46. (Formerly Sec. 17-444d). - Deferral of photo-listing a child.
Section 17a-47. (Formerly Sec. 17-445). - Legal division re child abuse and neglect.
Section 17a-52. - Connecticut Suicide Advisory Board. Composition. Duties.
Section 17a-52a. - Evidence-based youth suicide prevention training program.
Section 17a-53. - Training manual for youth suicide prevention programs.
Section 17a-54. - Parent education and support centers.
Section 17a-54a. - Support for families with children with serious, chronic medical conditions.
Section 17a-55. - Awarding of grants to community service programs based upon effectiveness.
Section 17a-59a. - Definitions. Removal of infant from prospective adoptive parent.
Section 17a-59b. - Removal of infant. Prospective adoptive parent's right to hearing. Regulations.
Section 17a-61. - Public information program.
Section 17a-61a. - Accreditation of Department of Children and Families by Council on Accreditation.
Section 17a-62a. - Homeless youth program.
Section 17a-62b. - Services for homeless children and youth.
Section 17a-64. - Raise the Grade pilot program.
Section 17a-75. (Formerly Sec. 17-205b). - Definitions.
Section 17a-81. (Formerly Sec. 17-205h). - Parental consent necessary for treatment. Exceptions.
Section 17a-82. (Formerly Sec. 17-205i). - Payment of commitment and transportation expenses.