Connecticut 2023 Regular Session Status: Enacted

SB 1023 — AN ACT CONCERNING PROBATE COURT OPERATIONS.

Last action — SIGNED BY GOVERNOR

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

This bill has been enacted into law. Introduced February 15, 2023. Enacted.

Signed by Governor Ned Lamont (Democratic) on June 28, 2023.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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

187 added · 321 removed

187 line(s) added, 321 removed.

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Senate General Assembly File No.
Substitute Senate Bill No.
555 January Session, 2023 Substitute Senate Bill No.
1023 Public Act No.
1023 Senate, April 13, 2023 The Committee on Judiciary reportedthrough SEN.
23-189 AN ACT CONCERNING PROBATE COURT OPERATIONS.
WINFIELD of the 10th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING PROBATE COURT OPERATIONS.
Subsection (a) of section 45a-8 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2023):
Subsection (a) of section 45a-8 of the general statutes is repealedandthefollowingissubstitutedinlieuthereof(EffectiveOctober 1, 2023):
(a) The town or towns comprising each probate district shall provide court facilities meeting the minimum standards required by this section.
(a) The town or towns comprising each probate district shall provide court facilitiesmeeting theminimum standardsrequiredby thissection.
If a probate district consists of more than one town, the expense shall be allocated to the towns in such proportion as the towns may determine byagreementor,intheabsenceofsuchagreement,inproportiontotheir grand lists last perfected.
If a probate district consists of more than one town, the expense shall be allocated to the towns in such proportion as the towns may determine by agreement or, in the absence of such agreement, in proportion to their grand lists last perfected.
(1) Office space appropriate for the conduct of judicial business, including (A) a room for the judge of probate sufficient in size for ordinary matters in which judicial proceedings may be conducted in private, (B) a separate roomforthecourtstaff,and(C)onaprearrangedbasis,accesstoalarger hearing room for the conduct of unusually large court hearings;
(1) Office space appropriate for the conduct of judicial business, including (A)a roomforthejudge ofprobate sufficient insizeforordinary matters in which judicial proceedings may be conducted in private, (B) a separate room for the court staff, and (C) on a prearranged basis, access to a larger hearing room for the conduct of unusually large court hearings;
(3) use and sSB1023 / File No.
(3) use and maintenance of a copying machine and the necessary supplies;
555 1 sSB1023 File No.
(4) use and maintenance of court record systems and equipment, including such record books and electronic, digital, microfilming or similar systems required to maintain, provide access to and produce Substitute Senate Bill No.
555 maintenance of a copying machine and the necessary supplies;
1023 court records, and the necessary supplies for such systems, equipment and records;
(4) use and maintenance of court record systems and equipment, including such record books and electronic, digital, microfilming or similar systems required to maintain, provide access to and produce court records, and the necessary supplies for such systems, equipment and records;
If a preliminary investigation indicates that probable cause exists that a respondent has committed misconduct under subsection (a), (b) or (c) of section 45a-63, the council shall hold a hearing concerning the misconduct or complaint.
If a preliminary investigationindicatesthat probable cause existsthat a respondent has committed misconduct under subsection (a), (b) or (c) of section 45a-63, the council shall hold a hearing concerning the misconduct or complaint.
The respondent shall be entitled to present evidence, andshall have theright to cross-examine witnesses.
The respondent shall be entitled to presentevidence, andshallhave theright tocross-examine witnesses.
Subsections (b) to (e), inclusive, of section 45a-715 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2023):
(b) A petition for termination of parental rights shall be entitled "In the interest of ....
(Name of child), a person under the age of eighteen years", and shall set forth with specificity:
(1) The name, sex, date and place ofbirth,andpresent addressofthechild;(2)thename andaddress sSB1023 / File No.
555 2 sSB1023 File No.
555 of the petitioner, and the nature of the relationship between the petitioner and the child;
(3) the names, dates of birth and addresses of the parents of the child, if known, including the name of any [putative father] alleged genetic parent named by the [mother] birth parent, and the tribe and reservation of an American Indian parent;
(4) if the parent of the child is a minor, the names and addresses of the parents or guardian of the person of such minor;
(5) the names and addresses of:
(A) The guardian of the person of the child;
(B) any guardians ad litem appointed in a prior proceeding;
(C) the tribe and reservation of an American Indian child;
and (D) the child-placing agency which placed the child in his current placement;
(6) the facts upon which termination is sought, the legal grounds authorizing termination, the effects of a termination decree and the basis for the jurisdiction of the court;
and (7) the name of the persons or agencies which have agreed to accept custody or guardianship of the child's person upon disposition.
(c) If the information required under subdivisions (2) and (6) of subsection(b)ofthissectionisnotstated,thepetition shallbedismissed.
If any other facts required under subdivision (1), (3), (4), (5) or (7) of subsection (b) of this section are not known or cannot be ascertained by the petitioner, [he] the petitioner shall so state in the petition.
If the whereabouts of either parent or the [putative father] alleged genetic parent named under subdivision (3) of subsection (b) of this section are unknown, the petitioner shall diligently search for any such parent or [putative father] the alleged genetic parent.
The petitioner shall file an affidavit with the petition indicating the efforts used to locate [the parent or putative father] any such parent or the alleged genetic parent.
(d) If a petition indicates that either or both parents consent to the termination of their parental rights, or if at any time following the filing of a petition and before the entry of a decree a parent consents to the terminationof[his]suchparent'sparentalrights,eachconsentingparent shall acknowledge such consent on a form promulgated by the Office of the Chief Court Administrator evidencing to the satisfaction of the court that the parent has voluntarily and knowingly consented to the termination of [his] such parent's parental rights.
No consent to sSB1023 / File No.
555 3 sSB1023 File No.
555 termination by a [mother] birth parent shall be executed within forty- eight hours immediately after the birth of [her] the child.
A parent who is a minor shall have the right to consent to termination of parental rightsandsuchconsentshallnotbevoidablebyreasonofsuchminority.
A guardian ad litem shall be appointed by the court to assure that such minor parent is giving an informed and voluntary consent.
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(e) A petition under this section shall be filed in the Probate Court 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.
If the petition is filed with respect to a child born [out of wedlock] to a birth parent unmarried to the alleged genetic parent, the petition shall state whether there is [a putative father] an alleged genetic parent to whom notice shall be given under subdivision (3) of subsection (b) of section 45a-716.
Sec.
4.
The claim may be filed at any time during the life of the child, whether before, on or after the date the child reaches the age of eighteen, or after thedeathofthechild,butnotlaterthansixtydaysafterthedateofnotice under section 45a-716.
The Public Act No.
The claim shall contain the claimant's name and address, the name and last-known address of the birth parent and the month andyearofthebirthorexpectedbirthofthechild.Not [later than five days after the filing of] less than ten days prior to the date of the hearing on a claim for parentage, the [court] Probate Court shall cause a certified copy of such claim and the notice of hearing under subsection (b) of this section to be served upon the birth parent of such child by sSB1023 / File No.
23-189 2 of 7 Substitute Senate Bill No.
555 4 sSB1023 File No.
1023 claim may be filed at any time during the life of the child, whether before, on or after the date the child reaches the age of eighteen, or after thedeathofthechild,but notlaterthansixtydaysafterthedateofnotice under section 45a-716.
555 personal service or service at the birth parent's usual place of abode, and to the Attorney General by first class mail.
The claim shall contain the claimant's name and address, the name and last-known address of the birth parent and the month and year of the birth or expected birth of the child.
The Attorney General may file an appearance and shall be and remain a party to the action if the child is receiving or has received aid or care from the state, or if the child is receiving child support enforcement services, as defined in subdivision (2) of subsection (b) of section 46b-231.
Not [later than five days after the filing of] less than ten days prior to the date of the hearing on a claim for parentage, the [court] Probate Court shall cause a certified copy of such claim and the notice of hearing under subsection (b) of this section to be served upon the birth parent of such child by personal service or service at the birth parent's usual place of abode, and to the Attorney General by first class mail.
The Attorney General may file an appearance and shall be and remain a party to the action if the child is receiving or has received aid or care from the state, or ifthechildisreceiving childsupport enforcement services,asdefined in subdivision (2) of subsection (b) of section 46b-231.
Payment for the guardian ad litem shall be made in accordance with such section from funds appropriated to the Judicial Department, except that, if funds have not been included in the budget of the Judicial Department for such purposes, such payment shall be made from the Probate Court Administration Fund.
Payment for the guardian ad litem shall be made in accordance with such section from funds appropriated to the Judicial Public Act No.
23-189 3 of 7 Substitute Senate Bill No.
1023 Department, except that, if funds have not been included in the budget of the Judicial Department for such purposes, such payment shall be made from the Probate Court Administration Fund.
(e) By filing a claim under this section, the alleged genetic parent sSB1023 / File No.
(e) By filing a claim under this section, the alleged genetic parent submits to the jurisdiction of the Probate Court.
555 5 sSB1023 File No.
555 submits to the jurisdiction of the Probate Court.
Thereafter, disputes involving custody, visitation or support shallbe transferred to theSuperior Court under chapter 815j,except that the Probate Court may enter a temporary order for custody, visitation or support until an order is entered by the Superior Court.
Thereafter, disputes involving custody, visitation or support shallbetransferred to theSuperior Court under chapter 815j,except that the Probate Court may enter a temporary order for custody, visitation or support until an order is entered by the Superior Court.
(g) Failing perfection of parental rights as prescribed by this section, any person claiming to be the alleged genetic parent of a child born to an unmarried birth parent (1) who has not been adjudicated the parent of such child by a court of competent jurisdiction, or (2) who has not acknowledged in writing that such person is the parent of such child, or (3) who has not contributed regularly to the support of such child, or (4) whose name does not appear on the birth certificate, shall cease to be a legal party in interest in any proceeding concerning the custody or welfare of the child, including, but not limited to, guardianship and adoption, unless such person has shown a reasonable degree of interest, concern or responsibility for the child's welfare.
(g) Failing perfection of parental rights as prescribed by this section, any person claiming to be the alleged genetic parent of a child born to an unmarried birth parent (1) who has not been adjudicated the parent of such child by a court of competent jurisdiction, or (2) who has not acknowledged in writing that such person is the parent of such child, or (3) who has not contributed regularly to the support of such child, or (4) whose name does not appear on the birth certificate, shall cease to be a legal party in interest in any proceeding concerning the custody or Public Act No.
(h) Notwithstanding the provisions of this section, after the death of the alleged genetic parent of a child born to an unmarried birth parent, a party deemed by the [court] Probate Court to have a sufficient interest may file a claim for parentage on behalf of such alleged genetic parent withthe Probate Court for thedistrict inwhich either theallegedgenetic parent resided or the party filing the claim resides.
23-189 4 of 7 Substitute Senate Bill No.
If a claim for parentage is filed pursuant to this subsection, the Probate Court shall schedulea hearingonsuchclaim,sendnoticeofthehearingtoallparties involved and proceed accordingly.
1023 welfare of the child, including, but not limited to, guardianship and adoption, unless such person has shown a reasonable degree of interest, concern or responsibility for the child's welfare.
(h) Notwithstanding the provisions of this section, after the death of the alleged genetic parent of a child born to an unmarried birth parent, a party deemed by the [court] Probate Court to have a sufficient interest may file a claim for parentage on behalf of such alleged genetic parent withthe ProbateCourt for thedistrict inwhicheithertheallegedgenetic parent resided or the party filing the claim resides.
If a claim for parentage is filed pursuant to this subsection, the Probate Court shall schedule a hearing on such claim, send notice of the hearing to all parties involved and proceed accordingly.
5.
4.
Subsection (a) of section 46b-496 of the general statutes is repealed andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2023):
Subsection (a) of section 46b-496 of the general statutes is repealedandthefollowingissubstitutedinlieuthereof(EffectiveOctober 1, 2023):
sSB1023 / File No.
(a) Sections 46b-495 to 46b-505, inclusive, govern genetic testing of a person in a proceeding to adjudicate parentage, whether the person:
555 6 sSB1023 File No.
555 (a) Sections 46b-495 to 46b-505, inclusive, govern genetic testing of a person in a proceeding to adjudicate parentage, whether the person:
or (2) is tested under an order of the [court] Superior Court or Probate Court or a child support agency.
or (2) is tested under an order of the [court] Superior Court, Probate Court, family support magistrate or a child support agency.
6.
5.
(a)Exceptasprovidedinsections46b-495to46b-505,inclusive,inany proceeding under sections 46b-450 to 46b-553, inclusive, and in any proceeding under section 46b-571, as amended by this act, to adjudicate parentage, the [court]Superior Court,ProbateCourt or afamily support magistrate shall order the child and any other person to submit to genetic testing if a request for testing is supported by the sworn statement of a party:
(a) Except as provided in sections 46b-495 to 46b-505, inclusive, in any proceeding under sections 46b-450 to 46b-553, inclusive, and in any proceeding under section 46b-571, as amended by this act, to adjudicate parentage,the [court]Superior Court,ProbateCourt orafamily support magistrate shall order the child and any other person to submit to genetic testing if a request for testing is supported by the sworn statement of a party:
(1) Alleging a reasonable possibility that the person is the child's genetic parent;
Public Act No.
23-189 5 of 7 Substitute Senate Bill No.
1023 (1) Alleging a reasonable possibility that the person is the child's genetic parent;
(d)Iftwoormorepersonsaresubjecttocourt-orderedgenetictesting, the [court] Superior Court or Probate Court may order that testing be completed concurrently or sequentially.
(d) If two or more persons are subject to court-ordered genetic testing, the [court] Superior Court, Probate Court or a family support magistrate may order that testing be completed concurrently or sequentially.
If the person is unavailable or declines to submit to genetic testing, the [court] Superior Court or Probate Court may order genetic testing of the child and each person sSB1023 / File No.
If the person is unavailable or declines to submit to genetic testing, the [court] Superior Court, Probate Court or a family support magistrate may order genetic testing of the child and each person whose genetic parentage of the child is being adjudicated.
555 7 sSB1023 File No.
(f) In a proceeding to adjudicate the parentage of a child having a presumed parent or a person who claims to be a parent under section 46b-490, the [court] Superior Court, Probate Court or a family support magistrate may deny a motion for genetic testing of the child and any other person after considering thefactors set forthin subsections (a) and (b) of section 46b-475.
555 whose genetic parentage of the child is being adjudicated.
(g) If a person requesting genetic testing is barred under section 46b- 469, 46b-483, 46b-489, 46b-503 or 46b-510 from establishing the person's Public Act No.
(f) In a proceeding to adjudicate the parentage of a child having a presumed parent or a person who claims to be a parent under section 46b-490, the [court] Superior Court or Probate Court may deny a motion for genetic testing of the child and any other person after considering the factors set forth in subsections (a) and (b) of section 46b-475.
23-189 6 of 7 Substitute Senate Bill No.
(g) If a person requesting genetic testing is barred under section 46b- 469, 46b-483, 46b-489, 46b-503 or 46b-510 from establishing the person's parentage, the [court] Superior Court or Probate Court shall deny the request for genetic testing.
1023 parentage,the [court]Superior Court,ProbateCourtorafamily support magistrate shall deny the request for genetic testing.
This act shall take effect as follows and shall amend the following sections:
Approved June 28, 2023 Public Act No.
October 1, 2023 Section 1 45a-8(a) Sec.
23-189 7 of 7
2 October 1, 2023 45a-64 Sec.
3 October 1, 2023 45a-715(b) to (e) Sec.
4 October 1, 2023 46b-571 Sec.
5 October 1, 2023 46b-496(a) Sec.
6 October 1, 2023 46b-497 JUD Joint Favorable Subst.
sSB1023 / File No.
555 8 sSB1023 File No.
555 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 makes technical revisions and is not anticipated to have a fiscal impact for the state.
The Out Years State Impact:
None Municipal Impact:
None sSB1023 / File No.
555 9 sSB1023 File No.
555 OLR Bill Analysis sSB 1023 AN ACT CONCERNING PROBATE COURT OPERATIONS.
SUMMARY This bill makes changes in various laws governing probate court operations and related matters.
It updates the required technology that towns must provide their probate court, such as specifically requiring that they provide internet service.
It extends the deadline, from 15 to 30 days, forthe Council on Probate Judicial Conduct to publish its findings and reasoning after a public hearing on the alleged misconduct of a probate judge, probate judicial candidate, probate magistrate, or attorney probate referee.
The bill updates terminology in a law on the termination of parental rights by removing certain gender-specific references to conform to the Connecticut Parentage Act.
Regarding a claim for parentage filed by an alleged genetic parent, the bill requires the probate court to serve notice on the unmarried birth parent at least 10 days before the hearing on the claim, instead of within five days after the claim was filed as required under current law.
It also specifies that the court must serve the hearing notice along with a copy of the claim.
As under existing law, the court must also mail the notice to the attorney general, who must be a party to the action if the child has received state benefits or services.
The bill also specifies that both the probate court and Superior Court have authority to order genetic testing when parentage is at issue and makes related conforming changes.
It specifically requires the probate sSB1023 / File No.
555 10 sSB1023 File No.
555 court to order genetic testing in connection with an alleged genetic parent’s claim for parentage if that person requests the testing and submits a sworn statement.
Lastly, the bill makes minor and technical changes.
EFFECTIVE DATE:
October 1, 2023 § 1 — PROBATE COURT FACILITY TECHNOLOGY By law, the town or towns comprising each probate district must provide court facilities that meet minimum standards specified by statute.
The bill updates the required technology by specifically requiring (1) basic phone service that includes all necessary calls, not just local calls, and (2) network wiring, electrical wiring, and internet service.
It also specifies that the computer equipment maintenance, phone line, wiring, and internet service must be appropriate to conduct the court’s business as the probate court administrator determines.
COMMITTEE ACTION Judiciary Committee Joint Favorable Substitute Yea 36 Nay 1 (03/27/2023) sSB1023 / File No.
555 11
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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 23-189

  5. ON CONSENT CALENDAR /IN CONCURRENCE

  6. SEN. PASSED, SEN. AMEND. SCH. A

  7. SEN. PASSED, HO. AMEND. SCH. A

  8. SEN. ADOPTED HO. AMEND. SCH. A

  9. DISAGREEING ACTION,TABLED FOR CAL., SEN.

  10. TRANSMITTED PURSUANT TO JOINT RULE 17

  11. HOUSE PASSED, HOUSE AMEND. SCH. A

  12. HOUSE PASSED, SEN. AMEND. SCH. A

  13. HOUSE ADOPTED HOUSE AMEND. SCH. A

  14. HOUSE ADOPTED SEN. AMEND. SCH. A

  15. BILL PASSED TEMPORARILY

  16. HOUSE CALENDAR NUMBER 639

  17. FAV. RPT., TABLED FOR HOUSE CALENDAR

  18. TRANSMITTED PURSUANT TO JOINT RULE 17

  19. SEN. PASSED, SEN. AMEND. SCH. A

  20. SEN. REJ. SEN. AMEND. SCH. B

  21. SEN. ADOPTED SEN. AMEND. SCH. A

  22. FILE NO. 555

  23. SENATE CALENDAR NUMBER 327

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

  25. RPTD. OUT OF LCO

  26. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/12/23

  27. FILED WITH LCO

  28. Joint Favorable Substitute

  29. PUBLIC HEARING 0315

  30. REF. TO JOINT COMM. ON Judiciary

Sponsors

  • Judiciary Committee · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 186 not signed on

Sponsors (1)

  • Judiciary Committee

Co-sponsors (0)

None.

Not signed on (186)

186 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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SB 1023 is sponsored by Judiciary Committee.
What is the current status of SB 1023?
This bill has been enacted into law. Introduced February 15, 2023. Enacted.
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