| 1 | 1 | | General Assembly Raised Bill No. 1049 |
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| 2 | 2 | | January Session, 2017 LCO No. 6106 |
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| 3 | 3 | | *06106_______FIN* |
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| 4 | 4 | | Referred to Committee on FINANCE, REVENUE AND BONDING |
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| 5 | 5 | | Introduced by: |
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| 6 | 6 | | (FIN) |
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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. 1049 |
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| 11 | 11 | | |
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| 12 | 12 | | January Session, 2017 |
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| 13 | 13 | | |
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| 14 | 14 | | LCO No. 6106 |
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| 15 | 15 | | |
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| 16 | 16 | | *06106_______FIN* |
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| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on FINANCE, REVENUE AND BONDING |
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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 | | (FIN) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING REGISTRATION FEES FOR COUNSEL AND GUARDIANS AD LITEM FOR MINOR CHILDREN AND OTHER REQUIREMENTS FOR CERTAIN FAMILY RELATIONS MATTERS. |
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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. Section 46b-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017): |
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| 29 | 29 | | |
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| 30 | 30 | | (a) No person may be eligible to serve as or be appointed as counsel or a guardian ad litem for any minor child in a family relations matter unless such person has registered with the Chief Court Administrator in such form and manner as said administrator prescribes and has paid an annual registration fee of three hundred dollars, which shall be deposited in the General Fund. No such person shall charge any party for such registration fee. |
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| 31 | 31 | | |
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| 32 | 32 | | [(a)] (b) Except as provided in subsection [(b)] (c) of this section, prior to appointing counsel or a guardian ad litem for any minor child in a family relations matter, the court shall provide the parties to the matter with written notification of fifteen persons who the court has determined eligible to serve as counsel or a guardian ad litem for any minor child in such matter. When making a determination as to whether a person is eligible to serve as counsel or a guardian ad litem for a minor child in a particular matter, the court shall give due consideration to any unique circumstances of the parties and any child to such matter. Circumstances considered shall include, but not be limited to: (1) Financial circumstances, (2) language barriers, (3) transportation barriers, (4) physical, mental or learning disabilities, and (5) the geographic proximity of such person's office to the residence of each of the parties and to the court where the matter is pending. Not later than two weeks after the date on which the court provides such written notification, the parties shall provide written notification to the court of the name of the person who the parties have selected to serve as counsel or a guardian ad litem. In the event that the parties (A) fail to timely provide the court with the name of the person to serve as counsel or guardian ad litem, or (B) cannot agree on the name of the person to serve as counsel or guardian ad litem, the court shall appoint counsel or a guardian ad litem for the minor child by selecting one person from the fifteen names provided to the parties. |
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| 33 | 33 | | |
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| 34 | 34 | | [(b)] (c) The provisions of subsection [(a)] (b) of this section shall not apply when: (1) The parties have requested that counsel or a guardian ad litem be appointed and present to the court a written agreement that contains the name of the person who the parties have selected to serve as counsel or a guardian ad litem for the minor child for their matter, provided such person has registered and paid the annual registration fee in accordance with subsection (a) of this section; or (2) an emergency situation requires the immediate appointment of counsel or a guardian ad litem for the minor child. |
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| 35 | 35 | | |
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| 36 | 36 | | [(c)] (d) Not later than twenty-one days following the date on which the court enters an initial order appointing counsel or a guardian ad litem for any minor child pursuant to this section, the court shall enter a subsequent order that includes the following information: (1) The specific nature of the work that is to be undertaken by such counsel or guardian ad litem; (2) the date on which the appointment of such counsel or guardian ad litem is to end, provided such end date may be extended for good cause shown pursuant to an order of the court; (3) the deadline for such counsel or guardian ad litem to report back to the court concerning the work undertaken; (4) the fee schedule of such counsel or guardian ad litem that shall minimally set forth (A) the amount of the retainer, (B) the hourly rate to be charged, (C) the apportionment of the retainer and hourly fees between the parties, and (D) if applicable, all provisions related to the calculation of fees on a sliding-scale basis; and (5) a proposed schedule of periodic court review of the work undertaken by such counsel or guardian ad litem and the fees charged by such counsel or guardian ad litem. Periodic court review shall be undertaken not less than every three months following the date of the appointment of such counsel or guardian ad litem, unless such periodic court review is waived by the parties and any such counsel or guardian ad litem pursuant to a written agreement filed with the court. Not later than thirty days after the entry of a final judgment in a family relations matter involving counsel or a guardian ad litem for a minor child, such counsel or guardian ad litem shall file with the court an affidavit that sets forth (A) the case name, (B) the case docket number, and (C) the hourly fee charged, total number of hours billed, expenses billed and the total amount charged by such counsel or guardian ad litem. Counsel or a guardian ad litem for a minor child shall not charge the parties for the preparation of such affidavit. Upon the filing of the affidavit with the court, such affidavit shall be made part of the case file. |
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| 37 | 37 | | |
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| 38 | 38 | | [(d)] (e) As used in this section and sections 46b-12a and 46b-12b, "family relations matter" means a matter affecting or involving: (1) Dissolution of marriage, contested and uncontested, except dissolution upon conviction of crime as provided in section 46b-48; (2) legal separation; (3) annulment of marriage; (4) alimony, support, custody and change of name incident to dissolution of marriage, legal separation and annulment; (5) actions brought under section 46b-15; (6) complaints for change of name; (7) civil support obligations; (8) habeas corpus and other proceedings to determine the custody and visitation of children; (9) habeas corpus brought by or on behalf of any mentally ill person except a person charged with a criminal offense; (10) appointment of a commission to inquire whether a person is wrongfully confined as provided by section 17a-523; (11) all rights and remedies provided for in chapter 815j; (12) the establishing of paternity; (13) appeals from probate concerning: (A) Appointment and removal of conservators; and (B) orders of commitment of persons to public and private institutions and to other appropriate facilities as provided by statute; (14) actions related to prenuptial and separation agreements and to matrimonial and civil union decrees of a foreign jurisdiction; (15) dissolution, legal separation or annulment of a civil union performed in a foreign jurisdiction; and (16) custody proceedings brought under the provisions of chapter 815p. |
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| 39 | 39 | | |
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| 40 | 40 | | Sec. 2. (NEW) (Effective October 1, 2017) A person aggrieved by the action of counsel or a guardian ad litem for a minor child or children, appointed pursuant to section 46b-54 of the general statutes, as amended by this act, may bring a civil action seeking appropriate relief, including, but not limited to, equitable relief or damages, or both, in the superior court for the judicial district in which such counsel or guardian ad litem was appointed. If such civil action results in a judgment for the plaintiff, the court shall award the plaintiff all costs of the action, including such attorney's fees as the court may allow the plaintiff. The court shall not enter any order under this section that would require a plaintiff to pay the costs, expenses or attorney's fees of the counsel or guardian ad litem for a minor child or children who was named as a defendant in such civil action. It shall not be a defense to such civil action that the defendant is entitled to absolute, quasi-judicial immunity. |
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| 41 | 41 | | |
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| 42 | 42 | | Sec. 3. (NEW) (Effective October 1, 2017) (a) As used in this section, "family relations matter" means a matter set forth in subsection (e) of section 46b-12 of the general statutes, as amended by this act, and "licensed health care provider" means any health care institution licensed pursuant to the provisions of chapter 368v of the general statutes or any individual provider of health care licensed pursuant to the provisions of chapters 370 to 373, inclusive, of the general statutes or 375 to 383c, inclusive, of the general statutes. |
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| 43 | 43 | | |
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| 44 | 44 | | (b) In a family relations matter, if a court orders that a parent undergo treatment or an evaluation from a licensed health care provider, the court shall permit the parent to select the licensed health care provider who is to provide such treatment or evaluation. |
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| 45 | 45 | | |
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| 46 | 46 | | (c) In a family relations matter, if a court orders that a minor child undergo treatment or an evaluation from a licensed health care provider, the court shall permit the parent or legal guardian of such child to select the licensed health care provider who is to provide such treatment or evaluation. If two parents do not agree on the selection of a licensed health care provider, the court shall continue the matter for two weeks to allow the parents an opportunity to jointly select the licensed health care provider. If, after the two-week period, the parents have not reached an agreement on the selection of a licensed health care provider, the court shall select such provider after giving due consideration to the health insurance coverage and financial resources available to the parents. In the case of parents who cannot agree on the selection of a licensed health care provider to provide such treatment or evaluation to the child, a parent who incurs costs as a result of permitting the child to be treated or evaluated by a licensed health care provider without the express written consent of the other parent shall be solely responsible for paying such costs. |
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| 47 | 47 | | |
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| 48 | 48 | | (d) A licensed health care provider who conducts an evaluation ordered by a court pursuant to subsection (b) or (c) of this section shall submit the results of such evaluation to the court not later than thirty days after the completion of the evaluation. |
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| 49 | 49 | | |
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| 50 | 50 | | Sec. 4. Section 46b-54 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017): |
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| 51 | 51 | | |
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| 52 | 52 | | (a) The court may appoint counsel or a guardian ad litem for any minor child or children of either or both parties at any time after the return day of a complaint under section 46b-45, if the court deems it to be in the best interests of the child or children. The court may appoint counsel or a guardian ad litem on its own motion, or at the request of either of the parties or of the legal guardian of any child or at the request of any child who is of sufficient age and capable of making an intelligent request. |
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| 53 | 53 | | |
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| 54 | 54 | | (b) Counsel or a guardian ad litem for the minor child or children may also be appointed on the motion of the court or on the request of any person enumerated in subsection (a) of this section in any case before the court when the court finds that the custody, care, education, visitation or support of a minor child is in actual controversy, provided the court may make any order regarding a matter in controversy prior to the appointment of counsel or a guardian ad litem where it finds immediate action necessary in the best interests of any child. |
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| 55 | 55 | | |
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| 56 | 56 | | (c) In the absence of an agreement of the parties to the appointment of counsel or a guardian ad litem for a minor child in the parties' matter and a canvassing by the court concerning the terms of such agreement, the court shall only appoint such counsel or guardian ad litem under this section when, in the court's discretion, reasonable options and efforts to resolve a dispute of the parties concerning the custody, care, education, visitation or support of a minor child have been made. |
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| 57 | 57 | | |
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| 58 | 58 | | (d) If the court deems the appointment of counsel or a guardian ad litem for any minor child or children to be in the best interests of the child or children, such appointment shall be made in accordance with the provisions of section 46b-12, as amended by this act. |
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| 59 | 59 | | |
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| 60 | 60 | | (e) [Counsel] (1) Except as provided in subdivision (2) of this subsection, counsel or a guardian ad litem for the minor child or children shall be heard on all matters pertaining to the interests of any child, including the custody, care, support, education and visitation of the child, so long as the court deems such representation to be in the best interests of the child. To the extent practicable, when hearing from such counsel or guardian ad litem, the court shall permit such counsel or guardian ad litem to participate at the beginning of the matter, at the conclusion of the matter or at such other time the court deems appropriate so as to minimize legal fees incurred by the parties due to the participation of such counsel or guardian ad litem in the matter. Such guardian ad litem shall not charge a fee for time spent in court during which such guardian ad litem is not being heard on a matter set forth in this subdivision. |
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| 61 | 61 | | |
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| 62 | 62 | | (2) Such counsel or guardian ad litem [may] shall not be heard on a matter pertaining to a medical diagnosis or conclusion concerning a minor child made by a health care professional treating such child. [when (1) such counsel or guardian ad litem is in possession of a medical record or report of the treating health care professional that indicates or supports such medical diagnosis or conclusion; or (2) one or more parties have refused to cooperate in paying for or obtaining a medical record or report that contains the treating health care professional's medical diagnosis or conclusion. If] Instead, if the court deems it to be in the best interests of the minor child, such health care professional shall be heard on matters pertaining to the interests of any such child, including the custody, care, support, education and visitation of such child. |
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| 63 | 63 | | |
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| 64 | 64 | | (f) A guardian ad litem appointed pursuant to this section shall not file any motions with the court. |
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| 65 | 65 | | |
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| 66 | 66 | | [(f)] (g) When recommending the entry of any order as provided in subsections (a) and (b) of section 46b-56, as amended by this act, counsel or a guardian ad litem for the minor child shall consider the best interests of the child, and in doing so shall consider, but not be limited to, one or more of the following factors: (1) The temperament and developmental needs of the child; (2) the capacity and the disposition of the parents to understand and meet the needs of the child; (3) any relevant and material information obtained from the child, including the informed preferences of the child; (4) the wishes of the child's parents as to custody; (5) the past and current interaction and relationship of the child with each parent, the child's siblings and any other person who may significantly affect the best interests of the child; (6) the willingness and ability of each parent to facilitate and encourage such continuing parent-child relationship between the child and the other parent as is appropriate, including compliance with any court orders; (7) any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents' dispute; (8) the ability of each parent to be actively involved in the life of the child; (9) the child's adjustment to his or her home, school and community environments; (10) the length of time that the child has lived in a stable and satisfactory environment and the desirability of maintaining continuity in such environment, provided counsel or a guardian ad litem for the minor child may consider favorably a parent who voluntarily leaves the child's family home pendente lite in order to alleviate stress in the household; (11) the stability of the child's existing or proposed residences, or both; (12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, shall not be determinative of custody unless the proposed custodial arrangement is not in the best interests of the child; (13) the child's cultural background; (14) the effect on the child of the actions of an abuser, if any domestic violence has occurred between the parents or between a parent and another individual or the child; (15) whether the child or a sibling of the child has been abused or neglected, as defined respectively in section 46b-120; and (16) whether a party satisfactorily completed participation in a parenting education program established pursuant to section 46b-69b. Counsel or a guardian ad litem for the minor child shall not be required to assign any weight to any of the factors considered. |
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| 67 | 67 | | |
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| 68 | 68 | | Sec. 5. Section 46b-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017): |
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| 69 | 69 | | |
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| 70 | 70 | | (a) In any controversy before the Superior Court as to the custody or care of minor children, and at any time after the return day of any complaint under section 46b-45, the court may make or modify any proper order regarding the custody, care, education, visitation and support of the children if it has jurisdiction under the provisions of chapter 815p. Subject to the provisions of section 46b-56a, as amended by this act, the court may assign shared parental responsibility for raising the child to the parents, [jointly,] or may award custody to either parent or to a third party, according to its best judgment upon the facts of the case and subject to such conditions and limitations as it deems equitable. The court may also make any order granting the right of visitation of any child to a third party to the action, including, but not limited to, grandparents. |
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| 71 | 71 | | |
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| 72 | 72 | | (b) In making or modifying any order as provided in subsection (a) of this section, the rights and responsibilities of both parents shall be considered and the court shall enter orders accordingly that serve the best interests of the child and provide the child with the active and consistent involvement of both parents commensurate with their abilities and interests. Such orders may include, but shall not be limited to: (1) Approval of a parental responsibility plan agreed to by the parents pursuant to section 46b-56a, as amended by this act; (2) the award of [joint] shared parental responsibility of a minor child to both parents, which shall include (A) provisions for residential arrangements with each parent in accordance with the needs of the child and the parents, and (B) provisions for consultation between the parents and for the making of major decisions regarding the child's [health, education and religious upbringing] welfare, including, but not limited to, matters pertaining to education, medical care and emotional, moral, social and religious development; (3) the award of sole custody to one parent with appropriate parenting time for the noncustodial parent where sole custody is in the best interests of the child; or (4) any other custody arrangements as the court may determine to be in the best interests of the child. |
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| 73 | 73 | | |
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| 74 | 74 | | (c) In making or modifying any order as provided in subsections (a) and (b) of this section, the court shall consider the best interests of the child, and in doing so may consider, but shall not be limited to, one or more of the following factors: (1) The temperament and developmental needs of the child; (2) the capacity and the disposition of the parents to understand and meet the needs of the child; (3) any relevant and material information obtained from the child, including the informed preferences of the child; (4) the wishes of the child's parents as to custody; (5) the past and current interaction and relationship of the child with each parent, the child's siblings and any other person who may significantly affect the best interests of the child; (6) the willingness and ability of each parent to facilitate and encourage such continuing parent-child relationship between the child and the other parent as is appropriate, including compliance with any court orders; (7) any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents' dispute; (8) the ability of each parent to be actively involved in the life of the child; (9) the child's adjustment to his or her home, school and community environments; (10) the length of time that the child has lived in a stable and satisfactory environment and the desirability of maintaining continuity in such environment, provided the court may consider favorably a parent who voluntarily leaves the child's family home pendente lite in order to alleviate stress in the household; (11) the stability of the child's existing or proposed residences, or both; (12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, shall not be determinative of custody unless the proposed custodial arrangement is not in the best interests of the child; (13) the child's cultural background; (14) the effect on the child of the actions of an abuser, if any domestic violence has occurred between the parents or between a parent and another individual or the child; (15) whether the child or a sibling of the child has been abused or neglected, as defined respectively in section 46b-120; and (16) whether the party satisfactorily completed participation in a parenting education program established pursuant to section 46b-69b. The court is not required to assign any weight to any of the factors that it considers, but shall articulate the basis for its decision. |
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| 75 | 75 | | |
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| 76 | 76 | | (d) Upon the issuance of any order assigning custody of the child to the Commissioner of Children and Families, 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 with his or her parents 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 best interests of the child, including the child's health and safety. |
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| 77 | 77 | | |
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| 78 | 78 | | (e) In determining whether a child is in need of support and, if in need, the respective abilities of the parents to provide support, the court shall take into consideration all the factors enumerated in section 46b-84. |
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| 79 | 79 | | |
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| 80 | 80 | | (f) When the court is not sitting, any judge of the court may make any order in the cause which the court might make under this section, including orders of injunction, prior to any action in the cause by the court. |
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| 81 | 81 | | |
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| 82 | 82 | | (g) A parent not granted custody of a minor child shall not be denied the right of access to the academic, medical, hospital or other health records of such minor child, unless otherwise ordered by the court for good cause shown. |
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| 83 | 83 | | |
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| 84 | 84 | | (h) Notwithstanding the provisions of subsections (b) and (c) of this section, when a motion for modification of custody or visitation is pending before the court or has been decided by the court and the investigation ordered by the court pursuant to section 46b-6 recommends psychiatric or psychological therapy for a child, and such therapy would, in the court's opinion, be in the best interests of the child and aid the child's response to a modification, the court may order such therapy and reserve judgment on the motion for modification. |
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| 85 | 85 | | |
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| 86 | 86 | | (i) As part of a decision concerning custody or visitation, the court may order either parent or both of the parents and any child of such parents to participate in counseling and drug or alcohol screening, provided such participation is in the best interests of the child. |
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| 87 | 87 | | |
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| 88 | 88 | | (j) Notwithstanding the provisions of subsections (a) to (i), inclusive, of this section, where the parents have submitted to the court, in writing, an agreement concerning the custody of a minor child, such agreement shall become part of the court file and incorporated by reference into the order or decree of the court, unless the court finds (1) such agreement is not in the best interests of the child, or (2) by clear and convincing evidence, that a parent is unfit. |
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| 89 | 89 | | |
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| 90 | 90 | | (k) In any controversy before the court as to the custody or care of a minor child, an allegation that a parent has knowingly made a false statement to the court relating to the care and custody of the minor child may be referred by the court to the Chief State's Attorney for purposes of a criminal investigation. Any parent who knowingly makes a false statement to the court relating to the care and custody of a minor child may be fined not more than two thousand dollars or imprisoned not more than one year, or both. |
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| 91 | 91 | | |
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| 92 | 92 | | Sec. 6. Section 46b-56a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017): |
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| 93 | 93 | | |
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| 94 | 94 | | (a) For the purposes of this section, ["joint custody"] "shared custody" means an order (1) awarding legal custody of the minor child to both parents, providing for [joint] shared decision-making by the parents on matters pertaining to the child's welfare, including, but not limited to, matters pertaining to education, medical care and emotional, moral, social and religious development, and (2) 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] ensure that each parent exercises physical care of the child for substantial periods of time. An equal sharing of physical care and control of the child shall not be required when the court enters an award of shared custody. |
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| 95 | 95 | | |
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| 96 | 96 | | (b) There shall be a presumption, affecting the burden of proof, that [joint] shared custody is in the best interests of a minor child where the parents have agreed to an award of [joint] shared 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. Where the parents have submitted to the court, in writing, an agreement for shared custody, such agreement shall become part of the court file and incorporated by reference into the order or decree of the court unless the court finds (1) such agreement is not in the best interests of the child, or (2) by clear and convincing evidence, that a parent is unfit. If the court declines to enter an order awarding [joint] shared custody pursuant to this subsection, the court shall state in its decision the reasons for denial of an award of [joint] shared custody. |
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| 97 | 97 | | |
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| 98 | 98 | | (c) If only one parent seeks an order of [joint] shared 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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| 99 | 99 | | |
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| 100 | 100 | | (d) 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 shared decision-making authority to [one or] both parents regarding the child's [health, education and religious upbringing] welfare, including, but not limited to, matters pertaining to education, medical care and emotional, moral, social and religious development; (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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| 101 | 101 | | |
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| 102 | 102 | | (e) 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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| 103 | 103 | | |
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| 104 | 104 | | (f) 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, as amended by this act, unless the court finds (1) that such plan as submitted and agreed to is not in the best interests of the child, or (2) by clear and convincing evidence, that a parent is unfit. |
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| 105 | 105 | | |
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| 106 | 106 | | (g) The court may modify any orders made under this section in accordance with section 46b-56, as amended by this act. |
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| 107 | 107 | | |
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| 108 | 108 | | Sec. 7. Subsections (c) and (d) of section 46b-56e of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2017): |
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| 109 | 109 | | |
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| 110 | 110 | | (c) If a parent is a member of the armed forces, has sole or [joint] shared custody of a child or court ordered visitation, parental access or parenting time and receives notice from military leadership that he or she will deploy or mobilize in the near future and will be required to be separated from such child due to such deployment or mobilization, then upon motion of such deploying parent or the nondeploying parent, a court may enter temporary orders of custody or visitation modifying final orders of custody or visitation during the period of such deployment or mobilization if: (1) The deployment or mobilization would have a material effect upon the deploying parent's ability to exercise parental rights and responsibilities or parent-child contact as set forth in the existing final orders of custody or visitation, and (2) the court finds that such modification is in the best interests of the child. In issuing such temporary modification orders, the court shall be guided by the provisions of the general statutes pertaining to custody and visitation. Motions for temporary modification of final orders of custody or visitation because of deployment or mobilization shall be given priority for this purpose. |
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| 111 | 111 | | |
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| 112 | 112 | | (d) A temporary court order modifying final orders of custody or visitation issued under subsection (c) of this section shall require that: (1) Whenever the deploying parent is granted leave from such deployment or mobilization, the nondeploying parent shall make the child available to the deploying parent to the extent requested by the deploying parent, provided (A) such request for visitation time is not inconsistent with that provided for in the final orders of custody or visitation being modified by such temporary court order, and (B) the child shall not be absent from school unless ordered by the court or agreed to, in writing, by both parents; (2) the nondeploying parent [facilitate] facilitates opportunities for telephonic, electronic mail [,] and other such contact between the deploying parent and the child during deployment or mobilization; and (3) the deploying parent [provide] provides timely information regarding his or her leave schedule to the nondeploying parent. Changes in actual leave dates shall not be used by the nondeploying parent as a justification to limit contact between the deploying parent and the child. |
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| 113 | 113 | | |
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| 114 | 114 | | Sec. 8. Section 46b-66 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017): |
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| 115 | 115 | | |
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| 116 | 116 | | (a) (1) In any case under this chapter where the parties have submitted to the court an agreement concerning the [custody, care, education, visitation,] maintenance or support of any of their children or concerning alimony or the disposition of property, the court shall inquire into the financial resources and actual needs of the spouses [and their respective fitness to have physical custody of or rights of visitation with any minor child, in order] to determine whether the agreement of the spouses is fair and equitable under all the circumstances. If the court finds the agreement fair and equitable, it shall become part of the court file, and if the agreement is in writing, it shall be incorporated by reference into the order or decree of the court. If the court finds the agreement is not fair and equitable, it shall make such orders as to finances [and custody] as the circumstances require. If the agreement is in writing and provides for the care, education, maintenance or support of a child beyond the age of eighteen, it may also be incorporated or otherwise made a part of any such order and shall be enforceable to the same extent as any other provision of such order or decree, notwithstanding the provisions of section 1-1d. |
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| 117 | 117 | | |
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| 118 | 118 | | (2) In any case under this chapter where the parties have submitted to the court an agreement concerning the custody, care or education of any of their children or visitation with such children, the court shall inquire into the parties' respective fitness to have physical custody of or rights of visitation with any minor child. Unless the court finds (1) the agreement is not in the best interests of the child, or (2) by clear and convincing evidence, that a party is unfit, the agreement shall become part of the court file, and if the agreement is in writing, it shall be incorporated by reference into the order or decree of the court. |
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| 119 | 119 | | |
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| 120 | 120 | | (b) Agreements providing for the care, education, maintenance or support of a child beyond the age of eighteen entered into on or after July 1, 2001, shall be modifiable to the same extent as any other provision of any order or decree in accordance with section 46b-86. |
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| 121 | 121 | | |
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| 122 | 122 | | (c) The provisions of chapter 909 shall be applicable to any agreement to arbitrate in an action for dissolution of marriage under this chapter, provided (1) an arbitration pursuant to such agreement may proceed only after the court has made a thorough inquiry and is satisfied that (A) each party entered into such agreement voluntarily and without coercion, and (B) such agreement is fair and equitable under the circumstances, and (2) such agreement and an arbitration pursuant to such agreement shall not include issues related to child support, visitation and custody. An arbitration award in such action shall be confirmed, modified or vacated in accordance with the provisions of chapter 909. |
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| 123 | 123 | | |
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| 124 | 124 | | |
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| 125 | 125 | | |
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| 126 | 126 | | |
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| 127 | 127 | | This act shall take effect as follows and shall amend the following sections: |
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| 128 | 128 | | Section 1 October 1, 2017 46b-12 |
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| 129 | 129 | | Sec. 2 October 1, 2017 New section |
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| 130 | 130 | | Sec. 3 October 1, 2017 New section |
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| 131 | 131 | | Sec. 4 October 1, 2017 46b-54 |
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| 132 | 132 | | Sec. 5 October 1, 2017 46b-56 |
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| 133 | 133 | | Sec. 6 October 1, 2017 46b-56a |
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| 134 | 134 | | Sec. 7 October 1, 2017 46b-56e(c) and (d) |
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| 135 | 135 | | Sec. 8 October 1, 2017 46b-66 |
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| 136 | 136 | | |
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| 137 | 137 | | This act shall take effect as follows and shall amend the following sections: |
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| 138 | 138 | | |
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| 139 | 139 | | Section 1 |
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| 140 | 140 | | |
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| 141 | 141 | | October 1, 2017 |
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| 142 | 142 | | |
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| 143 | 143 | | 46b-12 |
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| 144 | 144 | | |
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| 145 | 145 | | Sec. 2 |
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| 146 | 146 | | |
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| 147 | 147 | | October 1, 2017 |
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| 148 | 148 | | |
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| 149 | 149 | | New section |
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| 150 | 150 | | |
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| 151 | 151 | | Sec. 3 |
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| 152 | 152 | | |
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| 153 | 153 | | October 1, 2017 |
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| 154 | 154 | | |
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| 155 | 155 | | New section |
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| 156 | 156 | | |
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| 157 | 157 | | Sec. 4 |
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| 158 | 158 | | |
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| 159 | 159 | | October 1, 2017 |
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| 160 | 160 | | |
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| 161 | 161 | | 46b-54 |
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| 162 | 162 | | |
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| 163 | 163 | | Sec. 5 |
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| 164 | 164 | | |
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| 165 | 165 | | October 1, 2017 |
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| 166 | 166 | | |
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| 167 | 167 | | 46b-56 |
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| 168 | 168 | | |
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| 169 | 169 | | Sec. 6 |
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| 170 | 170 | | |
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| 171 | 171 | | October 1, 2017 |
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| 172 | 172 | | |
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| 173 | 173 | | 46b-56a |
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| 174 | 174 | | |
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| 175 | 175 | | Sec. 7 |
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| 176 | 176 | | |
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| 177 | 177 | | October 1, 2017 |
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| 178 | 178 | | |
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| 179 | 179 | | 46b-56e(c) and (d) |
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| 180 | 180 | | |
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| 181 | 181 | | Sec. 8 |
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| 182 | 182 | | |
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| 183 | 183 | | October 1, 2017 |
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| 184 | 184 | | |
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| 185 | 185 | | 46b-66 |
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| 186 | 186 | | |
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| 187 | 187 | | Statement of Purpose: |
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| 188 | 188 | | |
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| 189 | 189 | | To establish registration fees for counsel and guardians ad litem for minor children and specify other requirements for certain family relations matters. |
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| 190 | 190 | | |
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| 191 | 191 | | [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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