General Assembly Raised Bill No. 6435
January Session, 2011 LCO No. 3695
*03695_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
General Assembly
Raised Bill No. 6435
January Session, 2011
LCO No. 3695
*03695_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
AN ACT REQUIRING NOTICE OF THE RIGHT TO APPEAL A WRITTEN ORDER, DENIAL OR DECREE OF A COURT OF PROBATE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2011) (1) Unless otherwise provided by law, upon issuing any written order, denial or decree in any matter that may be subject to an appeal, a court of probate shall include in the order, denial or decree a statement in boldface type of a minimum size of twelve points in substantially the following form:
"If you disagree with this decision, you may have the right to appeal this decision to the Superior Court in accordance with section … of the Connecticut General Statutes.".
(2) The court of probate shall indicate in such statement the sections of the general statutes that may form the basis for an appeal.
Sec. 2. Subsection (a) of section 45a-186 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) Any person aggrieved by any order, denial or decree of a court of probate in any matter, unless otherwise [specially] provided by law, may, not later than forty-five days after the mailing of an order, denial or decree for a matter heard under any provision of section 45a-593, 45a-594, 45a-595 or 45a-597, sections 45a-644 to 45a-677, inclusive, or sections 45a-690 to 45a-705, inclusive, and not later than thirty days after mailing of an order, denial or decree for any other matter in a court of probate, appeal therefrom to the Superior Court. Such an appeal shall be commenced by filing a complaint in the superior court in the judicial district in which such court of probate is located, or, if the court of probate 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. The complaint shall state the reasons for the appeal. A copy of the order, denial or decree appealed from shall be attached to the complaint. Appeals from any decision rendered in any case after a recording is made of the proceedings under section 17a-498, 17a-685, 45a-650, 51-72 or 51-73 shall be on the record and shall not be a trial de novo.
Sec. 3. Subsection (g) of section 45a-186 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(g) Nothing in this section shall prevent any person aggrieved by any order, denial or decree of a court of probate in any matter, unless otherwise [specially] provided by law, from filing a petition for a writ of habeas corpus, a petition for termination of involuntary representation or a petition for any other available remedy.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 New section
Sec. 2 October 1, 2011 45a-186(a)
Sec. 3 October 1, 2011 45a-186(g)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
New section
Sec. 2
October 1, 2011
45a-186(a)
Sec. 3
October 1, 2011
45a-186(g)
Statement of Purpose:
To inform parties in a probate matter of their right to appeal a written order, denial or decree of a court of probate, and make a conforming technical change.
[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.]