| 1 | 1 | | General Assembly Raised Bill No. 5432 |
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| 2 | 2 | | February Session, 2010 LCO No. 1802 |
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| 3 | 3 | | *01802_______HS_* |
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| 4 | 4 | | Referred to Committee on Human Services |
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| 5 | 5 | | Introduced by: |
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| 6 | 6 | | (HS) |
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| 7 | 7 | | |
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| 8 | 8 | | General Assembly |
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| 9 | 9 | | |
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| 10 | 10 | | Raised Bill No. 5432 |
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| 11 | 11 | | |
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| 12 | 12 | | February Session, 2010 |
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| 13 | 13 | | |
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| 14 | 14 | | LCO No. 1802 |
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| 15 | 15 | | |
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| 16 | 16 | | *01802_______HS_* |
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| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on Human Services |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (HS) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING THE DEPARTMENT OF CHILDREN AND FAMILIES. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Subsection (b) of section 17b-745 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 29 | 29 | | |
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| 30 | 30 | | (b) (1) Except as provided in sections 46b-212 to 46b-213v, inclusive, any court or family support magistrate, called upon to enforce a support order, shall insure that such order is reasonable in light of the obligor's ability to pay. Except as provided in sections 46b-212 to 46b-213v, inclusive, any support order entered pursuant to this section, or any support order from another jurisdiction subject to enforcement by the state of Connecticut, may be modified by motion of the party seeking such modification, including Support Enforcement Services in TANF support cases as defined in subdivision (14) of subsection (b) of section 46b-231, upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record that the application of the guidelines would be inequitable or inappropriate, provided the court or family support magistrate finds that the obligor or the obligee and any other interested party have received actual notice of the pendency of such motion and of the time and place of the hearing on such motion. The Department of Children and Families shall have standing to bring a motion for modification of a support order pursuant to this section on behalf of an obligee who is the parent of a child or youth who is a member of a family with service needs, as defined in section 46b-120, when the Department of Children and Families determines that such order impedes the goals of the department's service plan. In ruling on a motion for modification of a support order involving a family with service needs, the magistrate may deviate from the child support guidelines established pursuant to section 46b-215a. |
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| 31 | 31 | | |
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| 32 | 32 | | (2) There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. In any hearing to modify any support order from another jurisdiction the court or the family support magistrate shall conduct the proceedings in accordance with the procedure set forth in sections 46b-213o to 46b-213q, inclusive. No such support orders may be subject to retroactive modification except that the court or family support magistrate may order modification with respect to any period during which there is a pending motion for a modification of an existing support order from the date of service of notice of such pending motion upon the opposing party pursuant to section 52-50. |
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| 33 | 33 | | |
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| 34 | 34 | | Sec. 2. Subsection (b) of section 46b-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 35 | 35 | | |
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| 36 | 36 | | (a) Unless and to the extent that the decree precludes modification, the court may order either party to maintain life insurance for the other party or a minor child of the parties or any final order for the periodic payment of permanent alimony or support or an order for alimony or support pendente lite may at any time thereafter be continued, set aside, altered or modified by said court upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record that the application of the guidelines would be inequitable or inappropriate. The Department of Children and Families shall have standing to bring a motion for modification of a support order pursuant to this section on behalf of an obligee who is the parent of a child or youth who is a member of a family with service needs, as defined in section 46b-120, when the Department of Children and Families determines that such order impedes the goals of the department's service plan. In ruling on a motion for modification of a support order involving a family with service needs, the magistrate may deviate from the child support guidelines established pursuant to section 46b-215a. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. In determining whether to modify a child support order based on a substantial deviation from such child support guidelines the court shall consider the division of real and personal property between the parties set forth in the final decree and the benefits accruing to the child as the result of such division. After the date of judgment, modification of any child support order issued before or after July 1, 1990, may be made upon a showing of such substantial change of circumstances, whether or not such change of circumstances was contemplated at the time of dissolution. By written agreement, stipulation or by decision of the court, those items or circumstances that were contemplated and are not to be changed may be specified in the written agreement, stipulation or decision of the court. This section shall not apply to assignments under section 46b-81 or to any assignment of the estate or a portion thereof of one party to the other party under prior law. No order for periodic payment of permanent alimony or support may be subject to retroactive modification, except that the court may order modification with respect to any period during which there is a pending motion for modification of an alimony or support order from the date of service of notice of such pending motion upon the opposing party pursuant to section 52-50. |
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| 37 | 37 | | |
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| 38 | 38 | | Sec. 3. Subsection (a) of section 46b-171 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 39 | 39 | | |
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| 40 | 40 | | (a) (1) (A) If the defendant is found to be the father of the child, the court or family support magistrate shall order the defendant to stand charged with the support and maintenance of such child, with the assistance of the mother if such mother is financially able, as the court or family support magistrate finds, in accordance with the provisions of subsection (b) of section 17b-179, or section 17a-90, 17b-81, 17b-223, 17b-745, as amended by this act, 46b-129, as amended by this act, 46b-130 or 46b-215, to be reasonably commensurate with the financial ability of the defendant, and to pay a certain sum periodically until the child attains the age of eighteen years or as otherwise provided in this subsection. If such child is unmarried and a full-time high school student, such support shall continue according to the parents' respective abilities, if such child is in need of support, until such child completes the twelfth grade or attains the age of nineteen, whichever occurs first. |
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| 41 | 41 | | |
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| 42 | 42 | | (B) The court or family support magistrate shall order the defendant to pay such sum to the complainant, or, if a town or the state has paid such expense, to the town or the state, as the case may be, and shall grant execution for the same and costs of suit taxed as in other civil actions, together with a reasonable attorney's fee, and may require the defendant to become bound with sufficient surety to perform such orders for support and maintenance. In IV-D support cases, the IV-D agency or a support enforcement agency under cooperative agreement with the IV-D agency may, upon notice to the obligor and obligee, redirect payments for the support of any child receiving child support enforcement services either to the state of Connecticut or to the present custodial party, as their interests may appear, provided neither the obligor nor the obligee objects in writing within ten business days from the mailing date of such notice. Any such notice shall be sent by first class mail to the most recent address of such obligor and obligee, as recorded in the state case registry pursuant to section 46b-218, and a copy of such notice shall be filed with the court or family support magistrate if both the obligor and obligee fail to object to the redirected payments within ten business days from the mailing date of such notice. All payments made shall be distributed as required by Title IV-D of the Social Security Act. |
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| 43 | 43 | | |
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| 44 | 44 | | (2) In addition, the court or family support magistrate shall include in each support order in a IV-D support case a provision for the health care coverage of the child. Such provision may include an order for either parent or both parents to provide such coverage under any or all of subparagraphs (A), (B) or (C) of this subdivision. |
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| 45 | 45 | | |
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| 46 | 46 | | (A) The provision for health care coverage may include an order for either parent to name any child as a beneficiary of any medical or dental insurance or benefit plan carried by such parent or available to such parent at a reasonable cost as described in subparagraph (D) of this subdivision. If such order requires the parent to maintain insurance available through an employer, the order shall be enforced using a National Medical Support Notice as provided in section 46b-88. |
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| 47 | 47 | | |
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| 48 | 48 | | (B) The provision for health care coverage may include an order for either parent to: (i) Apply for and maintain coverage on behalf of the child under the HUSKY Plan, Part B; or (ii) provide cash medical support, as described in subparagraphs (E) and (F) of this subdivision. An order under this subparagraph shall be made only if the cost to the parent obligated to maintain coverage under the HUSKY Plan, Part B, or provide cash medical support is reasonable, as described in subparagraph (D) of this subdivision. An order under clause (i) of this subparagraph shall be made only if insurance coverage as described in subparagraph (A) of this subdivision is unavailable at reasonable cost to either parent, or inaccessible to the child. |
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| 49 | 49 | | |
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| 50 | 50 | | (C) An order for payment of the child's medical and dental expenses, other than those described in clause (ii) of subparagraph (E) of this subdivision, that are not covered by insurance or reimbursed in any other manner shall be entered in accordance with the child support guidelines established pursuant to section 46b-215a. |
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| 51 | 51 | | |
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| 52 | 52 | | (D) Health care coverage shall be deemed reasonable in cost if: (i) The parent obligated to maintain such coverage would qualify as a low-income obligor under the child support guidelines established pursuant to section 46b-215a, based solely on such parent's income, and the cost does not exceed five per cent of such parent's net income; or (ii) the parent obligated to maintain such coverage would not qualify as a low-income obligor under such guidelines and the cost does not exceed seven and one-half per cent of such parent's net income. In either case, net income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a. If a parent obligated to maintain insurance must obtain coverage for himself or herself to comply with the order to provide coverage for the child, reasonable cost shall be determined based on the combined cost of coverage for such parent and such child. |
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| 53 | 53 | | |
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| 54 | 54 | | (E) Cash medical support means (i) an amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including the HUSKY Plan, Part A or Part B, except as provided in subparagraph (F) of this subdivision, or by another parent through employment or otherwise, or (ii) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified specifically on the record. Cash medical support, as described in clauses (i) and (ii) of this subparagraph, may be ordered in lieu of an order under subparagraph (A) of this subdivision to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under subparagraph (A) of this subdivision, provided the total cost to the obligated parent of insurance and cash medical support is reasonable, as described in subparagraph (D) of this subdivision. An order for cash medical support shall be payable to the state or the custodial party, as their interests may appear, provided an order under clause (i) of this subparagraph shall be effective only as long as health insurance coverage is maintained. Any unreimbursed medical and dental expenses not covered by an order pursuant to clause (ii) of this subparagraph are subject to an order for unreimbursed medical and dental expenses pursuant to subparagraph (C) of this subdivision. |
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| 55 | 55 | | |
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| 56 | 56 | | (F) Cash medical support to offset the cost of any insurance payable under the HUSKY Plan, Part A or Part B, shall not be ordered against a noncustodial parent who is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or against a custodial parent of children covered under the HUSKY Plan, Part A or Part B. |
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| 57 | 57 | | |
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| 58 | 58 | | (3) The court or family support magistrate may also make and enforce orders for the payment by any person named herein of past-due support for which the defendant is liable in accordance with the provisions of section 17b-81, 17b-223, subsection (b) of section 17b-179, section 17a-90, 46b-129, as amended by this act, or 46b-130 and, in IV-D cases, and order such person, provided such person is not incapacitated, to participate in work activities which may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t. The defendant's liability for past-due support under this subdivision shall be limited to the three years next preceding the filing of the petition. |
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| 59 | 59 | | |
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| 60 | 60 | | (4) If the defendant fails to comply with any order made under this section, the court or family support magistrate may commit the defendant to a community correctional center, there to remain until the defendant complies therewith; but, if it appears that the mother does not apply the periodic allowance paid by the defendant toward the support of such child, and that such child is chargeable, or likely to become chargeable, to the town where it belongs, the court, on application, may discontinue such allowance to the mother, and may direct it to be paid to the selectmen of such town, for such support, and may issue execution in their favor for the same. The provisions of section 17b-743 shall apply to this section. The clerk of the court which has rendered judgment for the payment of money for the maintenance of any child under the provisions of this section shall, within twenty-four hours after such judgment has been rendered, notify the selectmen of the town where the child belongs. |
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| 61 | 61 | | |
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| 62 | 62 | | (5) Any support order made under this section may at any time thereafter be set aside, altered or modified by any court issuing such order upon a showing of a substantial change in the circumstances of the defendant or the mother of such child or upon a showing that such order substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record that the application of the guidelines would be inequitable or inappropriate. The Department of Children and Families shall have standing to bring a motion for modification of a support order pursuant to this section on behalf of an obligee who is the parent of a child or youth who is a member of a family with service needs, as defined in section 46b-120, when the Department of Children and Families determines that such order impedes the goals of the department's service plan. In ruling on a motion for modification of a support order involving a family with service needs, the magistrate may deviate from the child support guidelines established pursuant to section 46b-215a. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. No such support orders may be subject to retroactive modification, except that the court may order modification with respect to any period during which there is a pending motion for a modification of an existing support order from the date of service of the notice of such pending motion upon the opposing party pursuant to section 52-50. |
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| 63 | 63 | | |
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| 64 | 64 | | (6) Failure of the defendant to obey any order for support made under this section may be punished as for contempt of court and the costs of commitment of any person imprisoned therefor shall be paid by the state as in criminal cases. |
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| 65 | 65 | | |
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| 66 | 66 | | Sec. 4. Subsection (e) of section 46b-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 67 | 67 | | |
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| 68 | 68 | | (e) Any court or family support magistrate, called upon to enforce a support order, shall insure that such order is reasonable in light of the obligor's ability to pay. Any support order entered pursuant to this section, or any support order from another jurisdiction subject to enforcement by the state of Connecticut, may be modified by motion of the party seeking such modification upon a showing of a substantial change in the circumstances of either party or upon a showing that such support order substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record that the application of the guidelines would be inequitable or inappropriate, provided the court or family support magistrate finds that the obligor or the obligee and any other interested party have received actual notice of the pendency of such motion and of the time and place of the hearing on such motion. The Department of Children and Families shall have standing to bring a motion for modification of a support order pursuant to this section on behalf of an obligee who is the parent of a child or youth who is a member of a family with service needs, as defined in section 46b-120, when the Department of Children and Families determines that such order impedes the goals of the department's service plan. In ruling on a motion for modification of a support order involving a family with service needs, the magistrate may deviate from the child support guidelines established pursuant to section 46b-215a. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. No such support orders may be subject to retroactive modification, except that the court or family support magistrate may order modification with respect to any period during which there is a pending motion for a modification of an existing support order from the date of service of the notice of such pending motion upon the opposing party pursuant to section 52-50. In any hearing to modify any support order from another jurisdiction the court or the family support magistrate shall conduct the proceedings in accordance with the procedure set forth in sections 46b-213o to 46b-213q, inclusive. |
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| 69 | 69 | | |
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| 70 | 70 | | Sec. 5. Subsection (j) of section 17a-112 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 71 | 71 | | |
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| 72 | 72 | | (j) The Superior Court, upon notice and hearing as provided in sections 45a-716 and 45a-717, as amended by this act, may grant a petition filed pursuant to this section if it finds by clear and convincing evidence that (1) the Department of Children and Families has made reasonable efforts to locate the parent and to reunify the child with the parent in accordance with subsection (a) of section 17a-111b, unless the court finds in this proceeding that the parent is unable or unwilling to benefit from reunification efforts, except that such finding is not required if the court has determined at a hearing pursuant to section 17a-111b, or determines at trial on the petition, that such efforts are not required, (2) termination is in the best interest of the child, and (3) (A) the child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child; (B) the child (i) has been found by the Superior Court or the Probate Court to have been neglected or uncared for in a prior proceeding, or (ii) is found to be neglected or uncared for and has been in the custody of the commissioner for at least fifteen months and the parent of such child has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b-129, as amended by this act, 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; (C) the child has been denied, by reason of an act or acts of parental commission or omission including, but not limited to, sexual molestation or exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for the child's physical, educational, moral or emotional well-being, except that nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights; (D) there is no ongoing parent-child relationship, which means the relationship that ordinarily develops as a result of a parent having met on a day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of such parent-child relationship would be detrimental to the best interest of the child; (E) the parent of a child under the age of seven years who is neglected or uncared for, has failed, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable period of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families; (F) the parent has killed through deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent; or (G) the parent was convicted as an adult or a delinquent by a court of competent jurisdiction of a sexual assault resulting in the conception of the child, except a conviction for a violation of section 53a-71 or 53a-73a, provided the court may terminate such parent's parental rights to such child at any time after such conviction. Notwithstanding the provisions of this subsection, in any proceeding under this section, there shall be a presumption that it is in the best interest of the child to be in the custody of a parent who is a victim of family violence, as defined in section 46b-38a, which may be rebutted by a preponderance of the evidence that it would be detrimental to the child to permit such parent to have custody. |
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| 73 | 73 | | |
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| 74 | 74 | | Sec. 6. Subsection (a) of section 45a-607 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 75 | 75 | | |
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| 76 | 76 | | (a) (1) When application has been made for the removal of one or both parents as guardians or of any other guardian of the person of a minor child, or when an application has been made for the termination of the parental rights of any parties who may have parental rights with regard to any minor child, or when, in any proceeding the court has reasonable grounds to believe that any minor child has no guardian of his or her person, the court of probate in which the proceeding is pending may issue an order awarding temporary custody of the minor child to a person other than the parent or guardian, with or without the parent's or guardian's consent, but such order may only be issued in accordance with the provisions of this section. There shall be a rebuttable presumption that the awarding of temporary custody to a relative is in the best interests of such child or youth. This presumption may be rebutted by a preponderance of the evidence that such awarding of custody is not in the best interests of such child or youth. As used in this subsection and subsections (b) and (d) of this section, "relative" means a person related to the child by blood or marriage. |
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| 77 | 77 | | |
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| 78 | 78 | | (2) In any proceeding under this section, any relative of the minor child may make a motion to intervene and the court shall grant such motion except for good cause shown. Upon the granting of such motion, such relative may appear by counsel or in person. |
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| 79 | 79 | | |
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| 80 | 80 | | (3) Notwithstanding the provisions of this subsection, in any proceeding under this section, there shall be a presumption that it is in the best interest of the child to be in the custody of a parent who is a victim of family violence, as defined in section 46b-38a, which may be rebutted by a preponderance of the evidence that it would be detrimental to the child to permit such parent to have temporary custody. |
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| 81 | 81 | | |
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| 82 | 82 | | Sec. 7. Subsection (g) of section 45a-717 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 83 | 83 | | |
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| 84 | 84 | | (g) At the adjourned hearing or at the initial hearing where no investigation and report has been requested, the court may approve a petition 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) (A) the child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child; (B) the child has been denied, by reason of an act or acts of parental commission or omission, including, but not limited to sexual molestation and exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for the child's physical, educational, moral or emotional well-being. Nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights; (C) there is no ongoing parent-child relationship which is defined as the relationship that ordinarily develops as a result of a parent having met on a continuing, day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of the parent-child relationship would be detrimental to the best interests of the child; (D) the parent of a child who (i) has been found by the Superior Court or the Probate Court to have been neglected or uncared for in a prior proceeding, or (ii) is found to be neglected 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, as amended by this act, 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; (E) the parent of a child, under the age of seven years who is neglected or uncared for, has failed, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable amount of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families; (F) the parent has killed through deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent; or (G) the parent was convicted as an adult or a delinquent by a court of competent jurisdiction of sexual assault resulting in the conception of a child except for a violation of section 53a-71 or 53a-73a provided the court may terminate such parent's parental rights to such child at any time after such conviction. Notwithstanding the provisions of this subsection, there shall be a presumption that it is in the best interest of the child to be in the custody of a parent who is a victim of family violence, as defined in section 46b-38a, which may be rebutted by a preponderance of the evidence that it would be detrimental to the child to permit such parent to have custody. |
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| 85 | 85 | | |
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| 86 | 86 | | Sec. 8. Section 46b-56a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 87 | 87 | | |
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| 88 | 88 | | (a) For the purposes of this section, "joint custody" means an order awarding legal custody of the minor child to both parents, providing for joint decision-making by the parents and providing that physical custody shall be shared by the parents in such a way as to assure the child of continuing contact with both parents. The court may award joint legal custody without awarding joint physical custody where the parents have agreed to merely joint legal custody. |
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| 89 | 89 | | |
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| 90 | 90 | | (b) There shall be a presumption, affecting the burden of proof, that joint custody is in the best interests of a minor child where the parents have agreed to an award of joint custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child or children of the marriage. If the court declines to enter an order awarding joint custody pursuant to this subsection, the court shall state in its decision the reasons for denial of an award of joint custody. |
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| 91 | 91 | | |
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| 92 | 92 | | (c) If the court declines to enter an order awarding joint custody pursuant to subsection (b) of this section, there shall be a presumption, that it is in the best interest of the minor child to be in the custody of a parent who is a victim of family violence, as defined in section 46b-38a, which may be rebutted by a preponderance of the evidence that it would be detrimental to the minor child to permit such parent to have custody. |
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| 93 | 93 | | |
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| 94 | 94 | | [(c)] (d) If only one parent seeks an order of joint custody upon a motion duly made, the court may order both parties to submit to conciliation at their own expense with the costs of such conciliation to be borne by the parties as the court directs according to each party's ability to pay. |
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| 95 | 95 | | |
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| 96 | 96 | | [(d)] (e) In any proceeding before the Superior Court involving a dispute between the parents of a minor child with respect to the custody, care, education and upbringing of such child, the parents shall file with the court, at such time and in such form as provided by rule of court, a proposed parental responsibility plan that shall include, at a minimum, the following: (1) A schedule of the physical residence of the child during the year; (2) provisions allocating decision-making authority to one or both parents regarding the child's health, education and religious upbringing; (3) provisions for the resolution of future disputes between the parents, including, where appropriate, the involvement of a mental health professional or other parties to assist the parents in reaching a developmentally appropriate resolution to such disputes; (4) provisions for dealing with the parents' failure to honor their responsibilities under the plan; (5) provisions for dealing with the child's changing needs as the child grows and matures; and (6) provisions for minimizing the child's exposure to harmful parental conflict, encouraging the parents in appropriate circumstances to meet their responsibilities through agreements, and protecting the best interests of the child. |
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| 97 | 97 | | |
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| 98 | 98 | | [(e)] (f) The objectives of a parental responsibility plan under this section are to provide for the child's physical care and emotional stability, to provide for the child's changing needs as the child grows and to set forth the authority and responsibility of each parent with respect to the child. |
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| 99 | 99 | | |
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| 100 | 100 | | [(f)] (g) If both parents consent to a parental responsibility plan under this section, such plan shall be approved by the court as the custodial and access orders of the court pursuant to section 46b-56, unless the court finds that such plan as submitted and agreed to is not in the best interests of the child. |
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| 101 | 101 | | |
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| 102 | 102 | | [(g)] (h) The court may modify any orders made under this section in accordance with section 46b-56. |
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| 103 | 103 | | |
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| 104 | 104 | | Sec. 9. Subsection (b) of section 46b-129 of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010): |
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| 105 | 105 | | |
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| 106 | 106 | | (b) If it appears from the specific allegations of the petition and other verified affirmations of fact accompanying the petition and application, or subsequent thereto, that there is reasonable cause to believe that (1) the child or youth is suffering from serious physical illness or serious physical injury or is in immediate physical danger from the child's or youth's surroundings, and (2) that as a result of said conditions, the child's or youth's safety is endangered and immediate removal from such surroundings is necessary to ensure the child's or youth's safety, the court shall either (A) issue an order to the parents or other person having responsibility for the care of the child or youth to appear at such time as the court may designate to determine whether the court should vest the child's or youth's temporary care and custody in a person related to the child or youth by blood or marriage or in some other person or suitable agency pending disposition of the petition, or (B) issue an order ex parte vesting the child's or youth's temporary care and custody in a person related to the child or youth by blood or marriage or in some other person or suitable agency. Notwithstanding the provisions of this subsection, in any proceeding under this section, there shall be a presumption that it is in the best interest of the child to be in the custody of a parent who is a victim of family violence, as defined in section 46b-38a, which may be rebutted by a preponderance of the evidence that it would be detrimental to the child to permit such parent to have custody. A preliminary hearing on any ex parte custody order or order to appear issued by the court shall be held not later than ten days after the issuance of such order. The service of such orders may be made by any officer authorized by law to serve process, or by any probation officer appointed in accordance with section 46b-123, investigator from the Department of Administrative Services, state or local police officer or indifferent person. Such orders shall include a conspicuous notice to the respondent written in clear and simple language containing at least the following information: (i) That the order contains allegations that conditions in the home have endangered the safety and welfare of the child or youth; (ii) that a hearing will be held on the date on the form; (iii) that the hearing is the opportunity to present the parents' position concerning the alleged facts; (iv) that an attorney will be appointed for parents who cannot afford an attorney; (v) that such parents may apply for a court-appointed attorney by going in person to the court address on the form and are advised to go as soon as possible in order for the attorney to prepare for the hearing; (vi) that such parents, or a person having responsibility for the care and custody of the child or youth, may request the Commissioner of Children and Families to investigate placing the child or youth with a person related to the child or youth by blood or marriage who might serve as a licensed foster parent or temporary custodian for such child or youth. The commissioner, where practicable, shall investigate such relative or relatives prior to the preliminary hearing and provide a report to the court at such hearing as to such relative's suitability; and (vii) if such parents have any questions concerning the case or appointment of counsel, any such parent is advised to go to the court or call the clerk's office at the court as soon as possible. Upon application for appointed counsel, the court shall promptly determine eligibility and, if the respondent is eligible, promptly appoint counsel. The expense for any temporary care and custody shall be paid by the town in which such child or youth is at the time residing, and such town shall be reimbursed for such expense by the town found liable for the child's or youth's support, except that where a state agency has filed a petition pursuant to the provisions of subsection (a) of this section, the agency shall pay such expense. The agency shall give primary consideration to placing the child or youth in the town where such child or youth resides. The agency shall file in writing with the clerk of the court the reasons for placing the child or youth in a particular placement outside the town where the child or youth resides. Upon issuance of an ex parte order, the court shall provide to the commissioner and the parent or guardian specific steps necessary for each to take to address the ex parte order for the parent or guardian to retain or regain custody of the child or youth. Upon the issuance of such order, or not later than sixty days after the issuance of such order, the court shall make a determination whether the Department of Children and Families made reasonable efforts to keep the child or youth with his or her parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible, taking into consideration the child's or youth's best interests, including the child's or youth's health and safety. |
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| 107 | 107 | | |
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| 108 | 108 | | |
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| 109 | 109 | | |
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| 110 | 110 | | |
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| 111 | 111 | | This act shall take effect as follows and shall amend the following sections: |
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| 112 | 112 | | Section 1 October 1, 2010 17b-745(b) |
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| 113 | 113 | | Sec. 2 October 1, 2010 46b-86(b) |
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| 114 | 114 | | Sec. 3 October 1, 2010 46b-171(a) |
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| 115 | 115 | | Sec. 4 October 1, 2010 46b-215(e) |
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| 116 | 116 | | Sec. 5 October 1, 2010 17a-112(j) |
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| 117 | 117 | | Sec. 6 October 1, 2010 45a-607(a) |
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| 118 | 118 | | Sec. 7 October 1, 2010 45a-717(g) |
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| 119 | 119 | | Sec. 8 October 1, 2010 46b-56a |
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| 120 | 120 | | Sec. 9 October 1, 2010 46b-129(b) |
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| 121 | 121 | | |
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| 122 | 122 | | This act shall take effect as follows and shall amend the following sections: |
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| 123 | 123 | | |
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| 124 | 124 | | Section 1 |
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| 125 | 125 | | |
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| 126 | 126 | | October 1, 2010 |
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| 127 | 127 | | |
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| 128 | 128 | | 17b-745(b) |
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| 129 | 129 | | |
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| 130 | 130 | | Sec. 2 |
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| 131 | 131 | | |
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| 132 | 132 | | October 1, 2010 |
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| 133 | 133 | | |
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| 134 | 134 | | 46b-86(b) |
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| 135 | 135 | | |
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| 136 | 136 | | Sec. 3 |
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| 137 | 137 | | |
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| 138 | 138 | | October 1, 2010 |
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| 139 | 139 | | |
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| 140 | 140 | | 46b-171(a) |
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| 141 | 141 | | |
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| 142 | 142 | | Sec. 4 |
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| 143 | 143 | | |
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| 144 | 144 | | October 1, 2010 |
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| 145 | 145 | | |
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| 146 | 146 | | 46b-215(e) |
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| 147 | 147 | | |
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| 148 | 148 | | Sec. 5 |
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| 149 | 149 | | |
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| 150 | 150 | | October 1, 2010 |
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| 151 | 151 | | |
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| 152 | 152 | | 17a-112(j) |
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| 153 | 153 | | |
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| 154 | 154 | | Sec. 6 |
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| 155 | 155 | | |
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| 156 | 156 | | October 1, 2010 |
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| 157 | 157 | | |
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| 158 | 158 | | 45a-607(a) |
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| 159 | 159 | | |
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| 160 | 160 | | Sec. 7 |
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| 161 | 161 | | |
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| 162 | 162 | | October 1, 2010 |
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| 163 | 163 | | |
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| 164 | 164 | | 45a-717(g) |
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| 165 | 165 | | |
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| 166 | 166 | | Sec. 8 |
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| 167 | 167 | | |
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| 168 | 168 | | October 1, 2010 |
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| 169 | 169 | | |
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| 170 | 170 | | 46b-56a |
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| 171 | 171 | | |
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| 172 | 172 | | Sec. 9 |
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| 173 | 173 | | |
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| 174 | 174 | | October 1, 2010 |
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| 175 | 175 | | |
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| 176 | 176 | | 46b-129(b) |
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| 177 | 177 | | |
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| 178 | 178 | | Statement of Purpose: |
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| 179 | 179 | | |
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| 180 | 180 | | To allow the Department of Children and Families to request modification of a child support order on behalf of a child who is a member of a family with service needs and to establish a presumption that it is in the best interest of a child to be in the custody of a parent who is a victim of domestic violence in proceedings involving the child's custody. |
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| 181 | 181 | | |
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| 182 | 182 | | [Proposed deletions are enclosed in brackets. 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.] |
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