HB 6571 — AN ACT CONCERNING THE AUTHORITY OF THE COURT TO ENTER AN ORDER OF SUPPORT FOR AN ADULT CHILD WHO HAS AN INTELLECTUAL OR MENTAL DISABILITY OR WHO IS PHYSICALLY DISABLED.

House of Representatives General Assembly SubstituteFile Bill No.

6571578 January Session, 2023 ANSubstitute ACTHouse CONCERNINGBill THENo. AUTHORITY OF THE COURT TO ENTER AN ORDER OF SUPPORT FOR AN ADULT CHILD WHO HAS AN INTELLECTUAL OR MENTAL DISABILITY OR WHO IS PHYSICALLY DISABLED.

6571 House of Representatives, April 13, 2023 The Committee on Judiciary reported through REP.

STAFSTROM of the 129th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING THE AUTHORITY OF THE COURT TO ENTER AN ORDER OF SUPPORT FOR AN ADULT CHILD WHO HAS AN INTELLECTUAL OR MENTAL DISABILITY OR WHO IS PHYSICALLY DISABLED.

Subsection (c) of section 46b-84 of the general statutes is repealed andandthefollowing theissubstituted followinginlieuthereof(EffectiveOctober is substituted in lieu thereof (Effective October 1, 2023):

(c) (1) The court may make appropriate ordersordersof of support of any child with intellectual disability, as defined in section 1-1g, or a mental disability, as defined in section 46a-51, or [physical disability] who is physically disabled, as defined in [subdivision (15) of] section 46a-51, who resides with a parent and is principally dependent upon such parent for maintenance until such child attains the age of twenty-one.

[The child support guidelines established pursuant to section 46b-215a shall not apply to orders entered under this subsection.] The provisions of this [subsection] subdivision shall apply only in cases where the decreesHB6571 of/ dissolutionFile ofNo. marriage, legal separation or annulment is entered on or after October 1, 1997, and before October 1, 2023, or where the initial support orders in actions not claiming any such decree are entered on or after October 1, 1997, and before October 1, 2023.

(2)578 The1 courtsHB6571 mayFile make appropriate orders of support of any child with intellectual disability, as defined in section 1-1g, or a mental LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06571-R011 of 2 HB.docx Substitute Bill No.

6571578 disability,decree asof defineddissolution inof sectionmarriage, 46a-51,legal separation or whoannulment is physicallyentered disabled,on asor definedafter inOctober section1, 46a-51,1997, whoand residesbefore withOctober a1, parent2023, andor iswhere principallythe dependentinitial uponsupport suchorders parentin foractions maintenancenot untilclaiming any such childdecree attainsare theentered ageon ofor twenty-six.after October 1, 1997, and before October 1, 2023.

(2) The court may make appropriate orders of support of any child with intellectual disability, as defined in section 1-1g, or a mental disability, as defined in section 46a-51, or who is physically disabled, as defined in section 46a-51, who resides with a parent and is principally dependent upon such parent for maintenance until such child attains the age of twenty-six.

(c)(1), ", and before October 1, 2023"2023"was was added after "October 1, 1997" for clarity;

-LCO LCOsHB6571 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06571-/ 2File ofNo. 2 R01-HB.docx }

578 2 sHB6571 File No.

578 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation This bill expands the length of time for which child support may be ordered at the discretion of a judge for children who are intellectually disabled and does not have a fiscal impact.

The additional years are unlikely to pose a cost to the child support enforcement division of the Judicial Department due to the relatively small number of cases to be impacted.

The Out Years State Impact:

None Municipal Impact:

None sHB6571 / File No.

578 3 sHB6571 File No.

578 OLR Bill Analysis HB 6571 AN ACT CONCERNING THE AUTHORITY OF THE COURT TO ENTER AN ORDER OF SUPPORT FOR AN ADULT CHILD WHO HAS AN INTELLECTUAL OR MENTAL DISABILITY OR WHO IS PHYSICALLY DISABLED.

SUMMARY Current law allows the court to make appropriate support orders for a child up to age 21 who (1) has an intellectual disability, a mental disability, or who is physically disabled and (2) lives with a parent who they are primarily dependent on for support.

Starting October 1, 2023, this bill increases the age limit from 21 to 26.

The bill’s age limit increase applies to support orders entered on or after October 1, 2023, as (1) part of a divorce, legal separation, or annulment decree or (2) an initial support order not claiming such a decree.Incasesenteredbeforethisdate,thecourtmaymakethesupport orders only until the child attains age 21, as allowed under existing law.

Under the bill, as under existing law, the child support guidelines do not apply to these support orders.

EFFECTIVE DATE:

October 1, 2023 DEFINITIONS Intellectual Disability Under the bill, “intellectual disability” is a significant limitation in intellectual functioning existing concurrently with deficits in adaptive behaviorthatoriginatedduringthedevelopmentalperiodbeforeage18.

“Significant limitation in intellectual functioning” is an intelligence quotient (IQ) more than two standard deviations below the mean as measured by general intellectual functioning tests that are individualized, standardized and clinically and culturally appropriate sHB6571 / File No.

578 4 sHB6571 File No.

578 to the individual.

“Adaptive behavior” is the effectiveness or degree withwhichanindividualmeetsthestandardsofpersonalindependence and social responsibility expected for the individual's age and cultural group as measured by tests that are individualized, standardized, and clinically and culturally appropriate to the individual (CGS § 1-1g).

Mental Disability Under the bill, “mental disability” refers to an individual who has a record of, or is regarded as having one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders” (CGS § 46a-51(20)).

Physically Disabled Under thebill,“physically disabled”referstoany individualwho has any chronic physical handicap, infirmity, or impairment, whether congenitalor resultingfrombodily injury,organicprocesses, or changes or from illness, including epilepsy, deafness or being hard of hearing, or reliance on a wheelchair or other remedial appliance or device (CGS § 46a-51(15)).

COMMITTEE ACTION Judiciary Committee Joint Favorable Yea 37 Nay 0 (03/27/2023) sHB6571 / File No.

578 5