Connecticut 2019 Regular Session Status: Enacted 1 D cosponsors

HB 7130 — AN ACT CONCERNING PROBATE COURT OPERATIONS.

Last action — SIGNED BY GOVERNOR

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2019. Enacted.

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Advancing 56% · moderate confidence

Where this bill stands today.

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High

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  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

952 added · 949 removed

952 line(s) added, 949 removed.

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General Assembly Substitute Bill No.
General Assembly Raised Bill No.
7130 January Session, 2019 AN ACT CONCERNING PROBATE COURT OPERATIONS.
7130 January Session, 2019 LCO No.
4111 Referred to Committee on JUDICIARY Introduced by:
(JUD) AN ACT CONCERNING PROBATE COURT OPERATIONS.
(b) The Probate Court or a party or attorney in a Probate Court matter may send any filing, notice or other document to a registered filer by electronic service if the court has granted the registered filer's request for eFiling access to the matter.
(b) The Probate Court or a party or attorney in a Probate Court matter may send any filing, notice or other document to a registered LCO No.
Notwithstanding any provision of the general statutes, electronic service shall satisfy any requirement under law concerning the transmission of the filing, notice or LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07130-R01 of 29 HB.docx Substitute Bill No.
4111 1 of 29 Raised Bill No.7130 filer by electronic service if the court has granted the registered filer's request for eFiling access to the matter.
7130 document by means other than personal service.
Electronic service shall satisfy any requirement under law concerning the transmission of the filing, notice or document by means other than personal service.
(d) If, after the investigation is completed, the commissioner substantiates an allegation of abuse or neglect against an individual who resides in the household of a guardian appointed by the Probate Court for a child, the commissioner shall notify the Probate Court of such substantiation.
(d) If, after the investigation is completed, the commissioner substantiates an allegation of abuse or neglect against an individual who resides in the household of a guardian appointed by the Probate LCO No.
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07132 of 29 R01-HB.docx } Substitute Bill No.
4111 2 of 29 Raised Bill No.7130 Court for a child, the commissioner shall notify the Probate Court of such substantiation.
7130 [(d)] (e) If, after the investigation is completed, the commissioner determines that a parent or guardian inflicting abuse or neglecting a child is in need of treatment for substance abuse, the commissioner shall refer such person to appropriate treatment services.
[(d)] (e) If, after the investigation is completed, the commissioner determines that a parent or guardian inflicting abuse or neglecting a child is in need of treatment for substance abuse, the commissioner shall refer such person to appropriate treatment services.
(A) Appoint a temporary guardian, temporary custodian, guardian, coguardian, permanent guardian or statutory parent, (B) remove a guardian, including the appointment of another guardian, (C) reinstate a parent as guardian, (D) terminate parental rights, including the appointment of a guardian or statutory parent, (E) grant visitation, (F) make findings regarding special immigrant juvenile status, (G) approve placement of a child for LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07133 of 29 R01-HB.docx } Substitute Bill No.
(A) Appoint a temporary guardian, temporary custodian, guardian, coguardian, permanent guardian or statutory parent, (B) remove a guardian, including the appointment of another guardian, (C) reinstate a parent as guardian, LCO No.
7130 adoption outside this state, (H) approve an adoption, (I) validate a foreign adoption, (J) review, modify or enforce a cooperative postadoption agreement, (K) review an order concerning contact between an adopted child and his or her siblings, (L) resolve a dispute concerning a standby guardian, (M) approve a plan for voluntary services provided by the Department of Children and Families, (N) determine whether the termination of voluntary services provided by the Department of Children and Families is in accordance with applicable regulations, (O) conduct an in-court review to modify an order, (P) grant emancipation, (Q) grant approval to marry, (R) transfer funds to a custodian under sections 45a-557 to 45a-560b, inclusive, (S) appoint a successor custodian under section 45a-559c, (T) resolve a dispute concerning custodianship under sections 45a-557 to 45a-560b, inclusive, and (U) grant authority to purchase real estate;
4111 3 of 29 Raised Bill No.7130 (D) terminate parental rights, including the appointment of a guardian or statutory parent, (E) grant visitation, (F) make findings regarding special immigrant juvenile status, (G) approve placement of a child for adoption outside this state, (H) approve an adoption, (I) validate a foreign adoption, (J) review, modify or enforce a cooperative postadoption agreement, (K) review an order concerning contact between an adopted child and his or her siblings, (L) resolve a dispute concerning a standby guardian, (M) approve a plan for voluntary services provided by the Department of Children and Families, (N) determine whether the termination of voluntary services provided by the Department of Children and Families is in accordance with applicable regulations, (O) conduct an in-court review to modify an order, (P) grant emancipation, (Q) grant approval to marry, (R) transfer funds to a custodian under sections 45a-557 to 45a-560b, inclusive, (S) appoint a successor custodian under section 45a-559c, (T) resolve a dispute concerning custodianship under sections 45a-557 to 45a-560b, inclusive, and (U) grant authority to purchase real estate;
(A) Appoint a temporary conservator, conservator or special limited conservator, (B) change residence, terminate a tenancy or lease, sell or dispose household furnishings, or place in a long-term care facility, (C) determine competency to vote, (D) approve a support allowance for a spouse, (E) grant authority to elect the spousal share, (F) grant authority to purchase real estate, (G) give instructions regarding administration of a joint asset or liability, (H) distribute gifts, (I) grant authority to LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07134 of 29 R01-HB.docx } Substitute Bill No.
(A) Appoint a temporary conservator, conservator or special limited conservator, (B) change residence, terminate a tenancy or lease, sell or dispose household furnishings, or place in a long-term care facility, (C) determine competency to vote, (D) approve a support allowance for a spouse, (E) grant authority to elect the spousal share, (F) grant authority to LCO No.
7130 consent to involuntary medication, (J) determine whether informed consent has been given for voluntary admission to a hospital for psychiatric disabilities,(K) determine life-sustaining medical treatment, (L) transfer to or from another state, (M) modify the conservatorship in connection with a periodic review, (N) excuse accounts under rules of procedure approved by the Supreme Court under section 45a-78, (O) terminate the conservatorship, and (P) grant a writ of habeas corpus;
4111 4 of 29 Raised Bill No.7130 purchase real estate, (G) give instructions regarding administration of a joint asset or liability, (H) distribute gifts, (I) grant authority to consent to involuntary medication, (J) determine whether informed consent has been given for voluntary admission to a hospital for psychiatric disabilities,(K) determine life-sustaining medical treatment, (L) transfer to or from another state, (M) modify the conservatorship in connection with a periodic review, (N) excuse accounts under rules of procedure approved by the Supreme Court under section 45a-78, (O) terminate the conservatorship, and (P) grant a writ of habeas corpus;
(9) With respect to an elderly person, as defined in section 17b-450:
(9) With respect to an elderly person as defined in section 17b-450:
(A) Commit an individual for treatment, (B) issue a warrant for examination of an individual at a general hospital, (C) determine whether there is probable cause to LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07135 of 29 R01-HB.docx } Substitute Bill No.
(A) Commit an individual for treatment, (B) issue a warrant for examination of an individual at a LCO No.
7130 continue an involuntary confinement, (D) review an involuntary confinement for possible release, (E) authorize shock therapy, (F) authorize medication for treatment of psychiatric disability, (G) review the status of an individual under the age of sixteen as a voluntary patient, and (H) recommit an individual under the age of sixteen for further treatment;
4111 5 of 29 Raised Bill No.7130 general hospital, (C) determine whether there is probable cause to continue an involuntary confinement, (D) review an involuntary confinement for possible release, (E) authorize shock therapy, (F) authorize medication for treatment of psychiatric disability, (G) review the status of an individual under the age of sixteen as a voluntary patient, and (H) recommit an individual under the age of sixteen for further treatment;
(21) Compel the board of a cemetery association to disclose the minutes of the annual meeting;
(21) Compel the board of a cemetery association to disclose the LCO No.
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07136 of 29 R01-HB.docx } Substitute Bill No.
4111 6 of 29 Raised Bill No.7130 minutes of the annual meeting;
7130 (22) Issue an order to protect a grave marker;
(22) Issue an order to protect a grave marker;
When appointing a guardian or coguardian, the court shall take into consideration the standards provided in section 45a-617.
When appointing a guardian, the court shall take into consideration the standards provided in section 45a-617.
[Such] The court shall take of such guardian or coguardians a written acceptance of guardianship and, if the court deems it necessary for the protection LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07137 of 29 R01-HB.docx } Substitute Bill No.
[Such] The court shall take of LCO No.
7130 of the minor, a probate bond.
4111 7 of 29 Raised Bill No.7130 such guardian or coguardians a written acceptance of guardianship and, if the court deems it necessary for the protection of the minor, a probate bond.
In addition, notice by first class mail shall be given to the petitioner and all other parties in interest known by the court.
In addition, notice by first class mail shall be given to the LCO No.
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07138 of 29 R01-HB.docx } Substitute Bill No.
4111 8 of 29 Raised Bill No.7130 petitioner and all other parties in interest known by the court.
7130 (d) The rights and obligations of the guardian or coguardians shall be those described in subdivisions (5) and (6) of section 45a-604 and shall be shared with the parent or previously appointed guardian of the person of the minor.
(d) The rights and obligations of the guardian or coguardians shall be those described in subdivisions (5) and (6) of section 45a-604 and shall be shared with the parent or previously appointed guardian of the person of the minor.
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07139 of 29 R01-HB.docx } Substitute Bill No.
LCO No.
7130 Sec.
4111 9 of 29 Raised Bill No.7130 Sec.
If the recipient of the notice is a person described in subdivision [(1) or] (2) or (3) of this subsection or is any other person whose parental rights are sought to be terminated in the petition, the notice shall contain a statement that the respondent LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-071310 of 29 R01-HB.docx } Substitute Bill No.
If the recipient of the notice is a person described in subdivision [(1) or] (2) or (3) of this subsection or is any other person whose parental rights are sought to be terminated in the petition, the notice shall contain a statement that the respondent has the right to be represented by counsel and that if the respondent is LCO No.
7130 has the right to be represented by counsel and that if the respondent is unable to pay for counsel, counsel will be appointed for the respondent.
4111 10 of 29 Raised Bill No.7130 unable to pay for counsel, counsel will be appointed for the respondent.
(d) In any proceeding pending in the [Court of] Probate Court, in lieu of personal service on, or at the usual place of abode of, a parent or the father of a child born out of wedlock who is either a petitioner or who signs under penalty of false statement a written waiver of personal service on a form provided by the Probate Court LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07111 of 29 R01-HB.docx } Substitute Bill No.
(d) In any proceeding pending in the [Court of] Probate Court, in lieu of personal service on, or at the usual place of abode of, a parent or the father of a child born out of wedlock who is either a petitioner or who signs under penalty of false statement a written waiver of personal service on a form provided by the Probate Court Administrator, the court may order notice to be given by first class mail [at least] not less than ten days before the date of the hearing.
7130 Administrator, the court may order notice to be given by first class mail [at least] not less than ten days before the date of the hearing.
If LCO No.
If such delivery cannot reasonably be effected, or if the whereabouts of the parents is unknown, notice shall be ordered to be given by publication as provided in subsection (c) of this section.
4111 11 of 29 Raised Bill No.7130 such delivery cannot reasonably be effected, or if the whereabouts of the parents is unknown, notice shall be ordered to be given by publication as provided in subsection (c) of this section.
(a) At the hearing held on any petition for the termination of parental rights filed in the [Court of] Probate Court under section 45a- 715, as amended by this act, or filed in the Superior Court under section 17a-112, or transferred to the Superior Court from the [Court of] Probate Court under section 45a-715, as amended by this act, any party to whom notice was given shall have the right to appear and be heard with respect to the petition.
(a) At the hearing held on any petition for the termination of parental rights filed in the [Court of] Probate Court under section 45a- 715, or filed in the Superior Court under section 17a-112, or transferred to the Superior Court from the [Court of] Probate Court under section 45a-715, any party to whom notice was given shall have the right to appear and be heard with respect to the petition.
If the respondent parent is unable to pay for his or her own counsel or if the child [or the parent or guardian of the child] is unable to pay for the child's counsel, in the case of a Superior Court LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07112 of 29 R01-HB.docx } Substitute Bill No.
If the respondent parent is unable to pay for his or her own counsel or if the child [or the parent or guardian of the child] is unable to pay for the child's counsel, in the case of a Superior Court matter, the reasonable compensation of counsel appointed for the respondent parent or the child shall be established by, and paid from funds appropriated to, the Judicial Department and, in the case of a LCO No.
7130 matter, the reasonable compensation of counsel appointed for the respondent parent or the child shall be established by, and paid from funds appropriated to, the Judicial Department and, in the case of a Probate Court matter, the reasonable compensation of counsel appointed for the respondent parent or the child shall be established by, and paid from funds appropriated to, the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
4111 12 of 29 Raised Bill No.7130 Probate Court matter, the reasonable compensation of counsel appointed for the respondent parent or the child shall be established by, and paid from funds appropriated to, the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
If a party responsible for payment is indigent, such party's share of the expense shall be paid for by funds appropriated to the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, [such expenses] the compensation of the physician, psychiatrist or LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07113 of 29 R01-HB.docx } Substitute Bill No.
If a party responsible for payment is indigent, such party's share of the expense shall be paid for by funds appropriated to the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, [such expenses] the compensation of the physician, psychiatrist or psychologist shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
7130 psychologist shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
(e) (1) The court may, and in any contested case shall, request the Commissioner of Children and Families or any child-placing agency licensed by the commissioner to make an investigation and written report to it, within ninety days from the receipt of such request.
LCO No.
4111 13 of 29 Raised Bill No.7130 (e) (1) The court may, and in any contested case shall, request the Commissioner of Children and Families or any child-placing agency licensed by the commissioner to make an investigation and written report to it, within ninety days from the receipt of such request.
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(f) At the adjourned hearing or at the initial hearing where no investigation and report has been requested, the court may approve a petition for termination of parental rights based on consent filed pursuant to this section terminating the parental rights and may appoint a guardian of the person of the child, or if the petitioner requests, the court may appoint a statutory parent, if it finds, upon clear and convincing evidence that (1) the termination is in the best interest of the child, and (2) such parent has voluntarily and LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07114 of 29 R01-HB.docx } Substitute Bill No.
(f) At the adjourned hearing or at the initial hearing where no investigation and report has been requested, the court may approve a petition for termination of parental rights based on consent filed pursuant to this section terminating the parental rights and may appoint a guardian of the person of the child, or if the petitioner requests, the court may appoint a statutory parent, if it finds, upon clear and convincing evidence that (1) the termination is in the best interest of the child and (2) such parent has voluntarily and knowingly consented to termination of the parent's parental rights with respect to such child.
7130 knowingly consented to termination of the parent's parental rights with respect to such child.
Consent for the termination of the parental right of one parent does not diminish the parental rights of the other parent of the child nor does it relieve the other parent of the duty to support the child.
Consent for the termination of the parental right of LCO No.
4111 14 of 29 Raised Bill No.
7130 one parent does not diminish the parental rights of the other parent of the child nor does it relieve the other parent of the duty to support the child.
(D) a child of the parent (i) was found by the Superior Court or the Probate Court to have been neglected, abused or uncared for, as those terms are defined in section 46b-120, in a prior proceeding, or (ii) is found to be neglected, abused or uncared LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-0713015 of 29 R01-HB.docx } Substitute Bill No.
(D) a child of the parent (i) was found by the Superior Court or the Probate Court to have been neglected, abused or uncared for, as those terms are defined in section 46b-120, in a prior proceeding, or (ii) is found to be neglected, abused or uncared for and has been in the custody of the commissioner for at least fifteen months and such parent has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b- 129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering LCO No.
7130 for and has been in the custody of the commissioner for at least fifteen months and such parent has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b- 129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child;
4111 15 of 29 Raised Bill No.7130 the age and needs of the child, such parent could assume a responsible position in the life of the child;
(h) If the petition alleges an act described in subparagraph (G) of subdivision (2) of subsection (g) of this section that resulted in the conception of the child as a basis for termination of parental rights and the court determines that the respondent parent was finally adjudged LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-071316 of 29 R01-HB.docx } Substitute Bill No.
(h) If the petition alleges an act described in subparagraph (G) of subdivision (2) of subsection (g) of this section that resulted in the conception of the child as a basis for termination of parental rights and the court determines that the respondent parent was finally adjudged not guilty of such act of sexual assault under section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73 or of compelling a spouse or cohabitor to engage in sexual intercourse by the use of force or by the threat of the use of force under section 53a-70b, the court shall transfer the case to the Superior Court and the clerk of the Probate Court shall LCO No.
7130 not guilty of such act of sexual assault under section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73 or of compelling a spouse or cohabitor to engage in sexual intercourse by the use of force or by the threat of the use of force under section 53a-70b, the court shall transfer the case to the Superior Court and the clerk of the Probate Court shall transmit to the clerk of the Superior Court to which the case was transferred, the original files and papers in the case.
4111 16 of 29 Raised Bill No.7130 transmit to the clerk of the Superior Court to which the case was transferred, the original files and papers in the case.
and (6) the extent to which a parent has been prevented from maintaining a meaningful relationship with the child by the unreasonable act or conduct of the other parent of LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-071317 of 29 R01-HB.docx } Substitute Bill No.
and (6) the extent to which a parent has been prevented from maintaining a meaningful relationship with the child by the unreasonable act or conduct of the other parent of the child, or the unreasonable act of any other person or by the economic circumstances of the parent.
7130 the child, or the unreasonable act of any other person or by the economic circumstances of the parent.
(k) In the case where termination of parental rights is granted, the guardian of the person or statutory parent shall report to the court within thirty days of the date judgment is entered on a case plan, as defined by the federal Adoption and Safe Families Act of 1997, as amended from time to time, for the child.
LCO No.
4111 17 of 29 Raised Bill No.7130 (k) In the case where termination of parental rights is granted, the guardian of the person or statutory parent shall report to the court within thirty days of the date judgment is entered on a case plan, as defined by the federal Adoption and Safe Families Act of 1997, as amended from time to time, for the child.
(1) A finding that the state has received notice in writing from the receiving state, in accordance with subsection (d) of Article III of section 17a-175, indicating that the proposed placement does not appear contrary to the interests of the child, (2) the court has reviewed such notice, (3) whether or not an interstate compact study or other home study has LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-071318 of 29 R01-HB.docx } Substitute Bill No.
(1) A finding that the state has received notice in writing from the receiving state, in accordance with subsection (d) of Article III of section 17a-175, indicating that the proposed placement does not appear contrary to the interests of the child, (2) the court has reviewed such notice, (3) whether or not an interstate compact study or other home study has been completed by the receiving state, and (4) if such a study has been completed, whether the conclusions reached by the receiving state as a result of such study support the placement.
7130 been completed by the receiving state, and (4) if such a study has been completed, whether the conclusions reached by the receiving state as a result of such study support the placement.
(a) If a child is free for adoption as provided in section 45a-725, and no appointment of a statutory parent has been made under section 17a-112 or section 45a-717, as amended by this act, the [Court of] Probate Court shall appoint a statutory parent for the child upon petition for appointment of a statutory parent by the guardian of the person of the child or a duly authorized officer of any child care facility or child-placing agency.
(a) If a child is free for adoption as provided in section 45a-725, and LCO No.
4111 18 of 29 Raised Bill No.7130 no appointment of a statutory parent has been made under section 17a-112 or section 45a-717, as amended by this act, the [Court of] Probate Court shall appoint a statutory parent for the child upon petition for appointment of a statutory parent by the guardian of the person of the child or a duly authorized officer of any child care facility or child-placing agency.
Upon filing of [an application] a petition for the removal of a LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-071319 of 29 R01-HB.docx } Substitute Bill No.
Upon filing of [an application] a petition for the removal of a statutory parent or filing of a resignation of a statutory parent in the [court of probate] Probate Court in which the statutory parent was appointed, the court shall schedule a hearing, on the removal application or resignation.
7130 statutory parent or filing of a resignation of a statutory parent in the [court of probate] Probate Court in which the statutory parent was appointed, the court shall schedule a hearing, on the removal [application] petition or resignation.
At the hearing the court may accept the resignation, remove the statutory parent, or deny the [application] petition for removal.
At the hearing the court may accept the resignation, remove the statutory parent, or deny the [application] petition for LCO No.
4111 19 of 29 Raised Bill No.7130 removal.
Such an appeal shall be commenced by filing a complaint in the superior court in the judicial district in which such Probate Court is located, or, if the Probate Court is located in a probate district that is in more than one judicial district, by filing a complaint in a superior court that is located in a judicial district in which any portion of the probate district is located, except that (1) an appeal under subsection (b) of section 12-359, subsection (b) of section 12-367 or subsection (b) of section 12-395 shall be filed in the judicial district of Hartford, and (2) an appeal in a matter concerning removal of a parent as guardian, termination of parental rights or adoption shall be filed in any superior court for juvenile matters having jurisdiction over matters arising in any town within such probate LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07120 of 29 R01-HB.docx } Substitute Bill No.
Such an appeal shall be commenced by filing a complaint in the superior court in the judicial district in which such Probate Court is located, or, if the Probate Court is located in a probate district that is in more than one judicial district, by filing a complaint in a superior court that is located in a judicial district in which any portion of the probate district is located, except that (1) an appeal under subsection (b) of section 12-359, subsection (b) of section 12-367 or subsection (b) of section 12-395 shall be filed in the judicial district of Hartford, and (2) an appeal in a matter concerning removal of a parent as guardian, termination of parental rights or adoption shall be filed in any superior court for juvenile matters having jurisdiction over matters arising in any town within such probate district.
7130 district.
Appeals from any decision rendered in any case after a recording is made of the proceedings under section 17a-498, 17a-543, 17a-543a or 17a-685, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73 shall be on the record and shall not be a trial de novo.] (a) As used in this section and section 45a-187, as amended by this act, "electronic service" has the same meaning as provided in section 1 of this act.
Appeals from any decision rendered in any case after a recording is made of the proceedings under section 17a-498, 17a-543, 17a-543a or 17a-685, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73 shall be on the record and shall not be a trial de novo.] (a) As used in this section and section 45a-187, as amended by this act, "electronic service" has the same meaning as provided in section 1 LCO No.
4111 20 of 29 Raised Bill No.
7130 of this act.
(c) An appeal shall be commenced by filing a complaint in the Superior Court in the judicial district in which such Probate Court is located, or, if the Probate Court is located in a probate district that is in more than one judicial district, by filing a complaint in a superior court that is located in a judicial district in which any portion of the probate district is located, except that (1) an appeal under subsection (b) of section 12-359, subsection (b) of section 12-367 or subsection (b) of section 12-395 shall be filed in the judicial district of Hartford, and (2) an appeal in a matter concerning removal of a parent as guardian, termination of parental rights or adoption shall be filed in any superior court for juvenile matters having jurisdiction over matters arising in LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-0713021 of 29 R01-HB.docx } Substitute Bill No.
(c) An appeal shall be commenced by filing a complaint in the Superior Court in the judicial district in which such Probate Court is located, or, if the Probate Court is located in a probate district that is in more than one judicial district, by filing a complaint in a Superior Court that is located in a judicial district in which any portion of the probate district is located, except that (1) an appeal under subsection (b) of section 12-359, subsection (b) of section 12-367 or subsection (b) of section 12-395 shall be filed in the judicial district of Hartford, and (2) an appeal in a matter concerning removal of a parent as guardian, termination of parental rights or adoption shall be filed in any Superior Court for juvenile matters having jurisdiction over matters arising in any town within such probate district.
7130 any town within such probate district.
[(b)] (e) Each person who files an appeal pursuant to this section shall serve a copy of the complaint on each interested party.
LCO No.
4111 21 of 29 Raised Bill No.7130 [(b)] (e) Each person who files an appeal pursuant to this section shall serve a copy of the complaint on each interested party.
[(d)] (g) Not later than fifteen days after a person files an appeal under this section, the person who filed the appeal shall file or cause to be filed with the clerk of the Superior Court a document containing (1) the name, address and signature of the person making service, and (2) a statement of the date and manner in which a copy of the complaint was served on each interested party and mailed to the Probate Court LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-071322 of 29 R01-HB.docx } Substitute Bill No.
[(d)] (g) Not later than fifteen days after a person files an appeal under this section, the person who filed the appeal shall file or cause to be filed with the clerk of the Superior Court a document containing (1) the name, address and signature of the person making service, and (2) a statement of the date and manner in which a copy of the complaint was served on each interested party and mailed to the Probate Court that rendered the order, denial or decree appealed from.
7130 that rendered the order, denial or decree appealed from.
[(f)] (i) A hearing in an appeal from probate proceedings under section 17a-77, 17a-80, 17a-498, 17a-510, 17a-511, 17a-543, 17a-543a, 17a-685, 45a-650, 45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, 45a-699, 45a-703 or 45a-717, as amended by this act, shall commence, unless a stay has been issued pursuant to subsection [(g)] (j) of this section, not later than ninety days after the appeal has been filed.
[(f)] (i) A hearing in an appeal from probate proceedings under section 17a-77, 17a-80, 17a-498, 17a-510, 17a-511, 17a-543, 17a-543a, LCO No.
4111 22 of 29 Raised Bill No.7130 17a-685, 45a-650, 45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, 45a-699, 45a-703 or 45a-717, as amended by this act, shall commence, unless a stay has been issued pursuant to subsection [(g)] (j) of this section, not later than ninety days after the appeal has been filed.
(2) An appeal referred to a special assignment probate judge pursuant to this subsection shall proceed in accordance with the rules LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-0713023 of 29 R01-HB.docx } Substitute Bill No.
(2) An appeal referred to a special assignment probate judge pursuant to this subsection shall proceed in accordance with the rules for references set forth in the rules of the judges of the Superior Court.
7130 for references set forth in the rules of the judges of the Superior Court.
Appeals under sections 17a-75 to 17a-83, inclusive, section 17a-274, sections 17a-495 to 17a-528, inclusive, sections 17a-543, 17a-543a, 17a-685 to 17a-688, inclusive, children's matters as defined in subsection (a) of section 45a- 8a, sections 45a-644 to 45a-663, inclusive, 45a-668 to 45a-683, inclusive, and 45a-690 to 45a-700, inclusive, and any matter in a Probate Court heard on the record in accordance with sections 51-72 and 51-73.
Appeals under sections 17a-75 to 17a-83, inclusive, section 17a-274, sections 17a-495 to 17a-528, inclusive, sections 17a-543, 17a-543a, 17a-685 to 17a-688, inclusive, children's matters as defined in subsection (a) of section 45a- 8a, sections 45a-644 to 45a-663, inclusive, 45a-668 to 45a-683, inclusive, and 45a-690 to 45a-700, inclusive, and any matter in a Probate Court LCO No.
4111 23 of 29 Raised Bill No.7130 heard on the record in accordance with sections 51-72 and 51-73.
(a) In an appeal from an order, denial or decree of a [court of probate] Probate Court made after a hearing that is on the record [pursuant to subsection (a) of section 45a-186] under section 17a-498, 17a-543, 17a-543a or 17a-685, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73, not later than thirty days after service is made of such appeal under section 45a-186, as amended by this act, or within such further time as may be allowed by the Superior Court, the [Court of] Probate Court shall transcribe any portion of the recording of the proceedings that has not been transcribed.
(a) In an appeal from an order, denial or decree of a [court of probate] Probate Court made after a hearing that is on the record [pursuant to subsection (a) of section 45a-186,] under section 17a-498, 17a-543, 17a-543a or 17a-685, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73, not later than thirty days after service is made of such appeal under section 45a-186, as amended by this act, or within such further time as may be allowed by the Superior Court, the [Court of] Probate Court shall transcribe any portion of the recording of the proceedings that has not been transcribed.
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07124 of 29 R01-HB.docx } Substitute Bill No.
(c) An appeal from an order, denial or decree made after a hearing on the record under section 17a-498, 17a-543, 17a-543a or 17a-685, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73, shall be heard by the Superior Court without a jury, and may be referred to a state referee appointed under section 51-50l.
7130 (c) An appeal from an order, denial or decree made after a hearing on the record under section 17a-498, 17a-543, 17a-543a or 17a-685, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73, shall be heard by the Superior Court without a jury, and may be referred to a state referee appointed under section 51-50l.
If alleged irregularities in procedure before the [court of probate] Probate Court are not shown in the record or if facts necessary to establish such alleged irregularities in procedure are not shown in the record, proof limited to such alleged irregularities may be taken in the Superior Court.
If alleged irregularities in procedure before the [court of probate] Probate Court are not shown in the record or if facts necessary to establish such alleged irregularities in procedure are not shown in the record, proof limited to such alleged irregularities may LCO No.
4111 24 of 29 Raised Bill No.7130 be taken in the Superior Court.
For the purposes LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07125 of 29 R01-HB.docx } Substitute Bill No.
For the purposes of this section, a remand is a final judgment.
7130 of this section, a remand is a final judgment.
(a) An appeal by persons of the age of majority who are present or who have legal notice to be present, or who have been given notice of their right to request a hearing or have filed a written waiver of their right to a hearing, shall be taken within the time provided in section 45a-186, as amended by this act, except as otherwise provided in this section.
(a) An appeal by persons of the age of majority who are present or who have legal notice to be present, or who have been given notice of their right to request a hearing or have filed a written waiver of their right to a hearing, shall be taken within the time provided in section 45a-186, as amended by this act, except as otherwise provided in this LCO No.
4111 25 of 29 Raised Bill No.7130 section.
(a) Except as provided in this section, all appeals by persons who are minors at the time of the making of the order, denial or decree appealed from shall be taken within twelve months after they arrive at LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-0713026 of 29 R01-HB.docx } Substitute Bill No.
(a) Except as provided in this section, all appeals by persons who are minors at the time of the making of the order, denial or decree appealed from shall be taken within twelve months after they arrive at the age of majority.
7130 the age of majority.
(c) Any judge or clerk of the [Court of] Probate Court or any fiduciary may cause written notice of any order, denial or decree of the [Court of] Probate Court to be given to any person of the age of majority, or to the guardian or guardian ad litem of any minor who has not had legal notice of the hearing on the proceeding at which the order, denial or decree was passed and who may be aggrieved thereby.
(c) Any judge or clerk of the [Court of] Probate Court or any LCO No.
4111 26 of 29 Raised Bill No.7130 fiduciary may cause written notice of any order, denial or decree of the [Court of] Probate Court to be given to any person of the age of majority, or to the guardian or guardian ad litem of any minor who has not had legal notice of the hearing on the proceeding at which the order, denial or decree was passed and who may be aggrieved thereby.
Subsection (e) of section 45a-715 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2019):
Section 17a-276 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2019):
(e) A petition under this section shall be filed in the Probate Court LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-071327 of 29 R01-HB.docx } Substitute Bill No.
(a) All persons admitted to a state training school, regional facility or other facility provided for the care and training of persons with intellectual disability shall, until discharged therefrom either by the commissioner or by operation of law, be under the custody and control of the director of such facility.
7130 for the district in which (1) the petitioner resides, (2) the child resides, is domiciled or is located at the time of the filing of the petition, or (3) in the case of a minor who is under the guardianship of any child care facility or child-placing agency, in the Probate Court for the district in which any office of the agency is located.
All costs of care and training shall be provided pursuant to section 17b-223.
If the petition is filed with respect to a child born out of wedlock, the petition shall state whether there is a putative father to whom notice shall be given under subdivision [(2)] (3) of subsection (b) of section 45a-716, as amended by this act.
Notice of discharge shall be sent by the Department of Developmental Services to such person or his or her legal representative and the Probate Court.
Sec.
(b) Any person with intellectual disability placed with the Department of Developmental Services pursuant to section 17a-274 may request a review of his or her placement by the Probate Court at any time after issuance of the original order of placement and once a LCO No.
4111 27 of 29 Raised Bill No.7130 year thereafter.
Such request shall be in writing, shall state the reasons for review and shall be made by the person with intellectual disability or any other person acting on his or her behalf.
Such request shall be filed with the Probate Court, one copy shall be served on the Commissioner of Developmental Services and one copy shall be served on the person in charge of the facility in which the person with intellectual disability is placed.
The hearing on such request shall be held not later than ten days, excluding Saturdays, Sundays and holidays, after the date of the filing of such request.
(c) At such hearing the person with intellectual disability shall have the same rights as provided under subsections (c), (d), (e) and (f) of section 17a-274.
The Department of Developmental Services shall notify each person placed pursuant to section 17a-274 at least annually that such person has the right to a hearing to review the appropriateness and adequacy of his or her placement.
At such hearing, if the court finds that the person is no longer in need of placement, the court shall order the placement terminated.
If the court finds that the person's placement does not adequately meet his or her needs in the least restrictive environment available or which can be created within existing resources of the department, the court shall order the department to place such person in such least restrictive environment as the court deems available.
[(d) If, within five years from the date of placement, any person placed on or after October 1, 1982, has not requested a hearing to review his or her placement, the Department of Developmental Services shall notify the Probate Court which placed such person.
The Probate Court, upon such notice, shall proceed in accordance with subsections (b) and (c) of this section to schedule a hearing to determine if the placement should be continued and whether such placement adequately meets his or her habilitative needs in the least restrictive environment available or which can be created within existing resources of the department.] Sec.
(Effective July 1, 2019) This act shall take effect as follows and shall amend the following sections:
(Effective LCO No.
4111 28 of 29 Raised Bill No.
7130 July 1, 2019) This act shall take effect as follows and shall amend the following sections:
7 October 1, 2019 45a-716 October 1, 2019 Sec.
7 October 1, 2019 45a-716 Sec.
8 45a-717 Sec.
8 October 1, 2019 45a-717 Sec.
12 from passage 45a-186b Sec.
12 from passage 45a-186b from passage Sec.
13 from passage 45a-187 Sec.
13 45a-187 Sec.
14 from passage 45a-188 October 1, 2019 Sec.
14 from passage 45a-188 Sec.
15 45a-193(a) Sec.
15 October 1, 2019 45a-193(a) Sec.
16 October 1, 2019 45a-715(e) Sec.
16 July 1, 2019 17a-276 Sec.
17 July 1, 2019 Repealer section Statement of Legislative Commissioners:
17 July 1, 2019 Repealer section Statement of Purpose:
In Section 1(b), the phrase "Notwithstanding any provision of the general statutes," was added for consistency with other provisions of the general statutes;
To make various revisions to statutes affecting the operation of the state's Probate Courts.
and a new Section 16, amending subsection (e) of LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07130- 28 of 29 R01-HB.docx } Substitute Bill No.
[Proposed deletions are enclosed in brackets.
7130 section 45a-715 of the general statutes, was added to make a required conforming technical change.
Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.
JUD Joint Favorable Subst.
4111 29 of 29
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07130- 29 of 29 R01-HB.docx }
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 19-47

  5. ON CONSENT CALENDAR /IN CONCURRENCE

  6. SENATE PASSED

  7. SENATE CALENDAR NUMBER 506

  8. FAV. RPT., TAB. FOR CAL., SEN.

  9. HOUSE PASSED

  10. FILE NO. 824

  11. HOUSE CALENDAR NUMBER 524

  12. FAV. RPT., TABLED FOR HOUSE CALENDER

  13. RPTD. OUT OF LCO

  14. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/29/19

  15. FILED WITH LCO

  16. Joint Favorable Substitute

  17. PUBLIC HEARING 0222

  18. REF. TO JOINT COMM. ON Judiciary

Sponsors

  • Gennaro Bizzarro · Primary
  • Joseph C. Serra · Primary
  • Toni E. Walker · Primary

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 184 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (184)

184 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety civil-rights technology
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Frequently asked questions

Who sponsors HB 7130?
HB 7130 is sponsored by Bizzarro, Gennaro, Serra, Joseph C., and Toni E. Walker (Democratic).
What is the current status of HB 7130?
This bill has been enacted into law. Introduced February 14, 2019. Enacted.
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