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General Assembly Raised Bill No. 7393
January Session, 2019
LCO No. 6440
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING CO URT PROCEEDINGS IN FAMIL Y
RELATIONS MATTERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 46b-87 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) When any person is found in contempt of an order of the 3
Superior Court entered under [section 46b-60 to 46b-62, inclusive, 46b-4
81 to 46b-83, inclusive, or 46b-86] the provisions of this chapter, the 5
court may award to the petitioner a reasonable attorney's fee and the 6
fees of the officer serving the contempt citation, such sums to be paid 7
by the person found in contempt, provided if any such person is found 8
not to be in contempt of such order, the court may award a reasonable 9
attorney's fee to such person. The costs of commitment of any person 10
imprisoned for contempt of court by reason of failure to comply with 11
such an order shall be paid by the state as in criminal cases. 12
(b) In addition to the award of fees pursuant to subsection (a) of this 13
section, when any person is found in contempt of a court order 14 Raised Bill No. 7393
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concerning an assignment of custody, visitation with a minor child or 15
parental access, the court may impose additional sanctions against the 16
person found to be in contempt of the court order that include, but are 17
not limited to, (1) fines, (2) a reduction or suspension of visitation or 18
parental access, and (3) a change in the assignment of physical and 19
legal custody. 20
Sec. 2. Section 46b-56 of the general statutes is repealed and the 21
following is substituted in lieu thereof (Effective October 1, 2019): 22
(a) In any controversy before the Superior Court as to the custody or 23
care of minor children, and at any time after the return day of any 24
complaint under section 46b-45, the court may make or modify any 25
proper order regarding the custody, care, education, visitation and 26
support of the children if it has jurisdiction under the provisions of 27
chapter 815p. Subject to the provisions of section 46b-56a, the court 28
may assign parental responsibility for raising the child to the parents 29
jointly, or may award custody to either parent or to a third party, 30
according to its best judgment upon the facts of the case and subject to 31
such conditions and limitations as it deems equitable. The court may 32
also make any order granting the right of visitation of any child to a 33
third party to the action, including, but not limited to, grandparents. 34
Notwithstanding the provisions of this subsection, the court shall not 35
make or modify any order as to the custody of a child involving an 36
allegation of abuse, unless and until there is an evidentiary offer of 37
proof and hearing concerning such allegation of abuse. 38
(b) In making or modifying any order as provided in subsection (a) 39
of this section, the rights and responsibilities of both parents shall be 40
considered and the court shall enter orders accordingly that serve the 41
best interests of the child and provide the child with the active and 42
consistent involvement of both parents commensurate with their 43
abilities and interests. Such orders may include, but shall not be 44
limited to: (1) Approval of a parental responsibility plan agreed to by 45
the parents pursuant to section 46b-56a; (2) the award of joint parental 46
responsibility of a minor child to both parents, which shall include (A) 47 Raised Bill No. 7393
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provisions for residential arrangements with each parent in accordance 48
with the needs of the child and the parents, and (B) provisions for 49
consultation between the parents and for the making of major 50
decisions regarding the child's health, education and religious 51
upbringing; (3) the award of sole custody to one parent with 52
appropriate parenting time for the noncustodial parent where sole 53
custody is in the best interests of the child; or (4) any other custody 54
arrangements as the court may determine to be in the best interests of 55
the child. In making or modifying any order concerning visitation with 56
a child pursuant to subsection (a) of this section, absent agreement of 57
the parties, the court shall not order that a parent's visitation with a 58
child be supervised unless the court enters a finding on the record of 59
the circumstances necessitating that such visitation be supervised. 60
(c) In making or modifying any order as provided in subsections (a) 61
and (b) of this section, the court shall consider the best interests of the 62
child, and in doing so may consider, but shall not be limited to, one or 63
more of the following factors: (1) The temperament and developmental 64
needs of the child; (2) the capacity and the disposition of the parents to 65
understand and meet the needs of the child; (3) any relevant and 66
material information obtained from the child, including the informed 67
preferences of the child; (4) the wishes of the child's parents as to 68
custody; (5) the past and current interaction and relationship of the 69
child with each parent, the child's siblings and any other person who 70
may significantly affect the best interests of the child; [(6) the 71
willingness and ability of each parent to facilitate and encourage such 72
continuing parent-child relationship between the child and the other 73
parent as is appropriate, including compliance with any court orders; 74
(7)] (6) any manipulation by or coercive behavior of the parents in an 75
effort to involve the child in the parents' dispute; [(8)] (7) the ability of 76
each parent to be actively involved in the life of the child; [(9)] (8) the 77
child's adjustment to his or her home, school and community 78
environments; [(10)] (9) the length of time that the child has lived in a 79
stable and satisfactory environment and the desirability of maintaining 80
continuity in such environment, provided the court may consider 81 Raised Bill No. 7393
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favorably a parent who voluntarily leaves the child's family home 82
pendente lite in order to alleviate stress in the household; [(11)] (10) the 83
stability of the child's existing or proposed residences, or both; [(12)] 84
(11) the mental and physical health of all individuals involved, except 85
that a disability of a proposed custodial parent or other party, in and of 86
itself, shall not be determinative of custody unless the proposed 87
custodial arrangement is not in the best interests of the child; [(13)] (12) 88
the child's cultural background; [(14)] (13) the effect on the child of the 89
actions of an abuser, if any domestic violence has occurred between 90
the parents or between a parent and another individual or the child; 91
[(15)] (14) whether the child or a sibling of the child has been abused or 92
neglected, as defined respectively in section 46b-120; and [(16)] (15) 93
whether the party satisfactorily completed participation in a parenting 94
education program established pursuant to section 46b-69b. The court 95
is not required to assign any weight to any of the factors that it 96
considers, but shall articulate the basis for its decision. 97
(d) There shall be a rebuttable presumption that a parent is not 98
acting in the best interests of a child when such parent's conduct 99
evidences an unwillingness or inability to (1) facilitate and encourage 100
the other parent's relationship with the child, as is appropriate under 101
the circumstances, or (2) comply with court orders that seek to 102
facilitate and encourage such relationship. 103
[(d)] (e) Upon the issuance of any order assigning custody of the 104
child to the Commissioner of Children and Families, or not later than 105
sixty days after the issuance of such order, the court shall make a 106
determination whether the Department of Children and Families made 107
reasonable efforts to keep the child with his or her parents prior to the 108
issuance of such order and, if such efforts were not made, whether 109
such reasonable efforts were not possible, taking into consideration the 110
best interests of the child, including the child's health and safety. 111
[(e)] (f) In determining whether a child is in need of support and, if 112
in need, the respective abilities of the parents to provide support, the 113
court shall take into consideration all the factors enumerated in section 114 Raised Bill No. 7393
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46b-84. 115
[(f)] (g) When the court is not sitting, any judge of the court may 116
make any order in the cause which the court might make under this 117
section, including orders of injunction, prior to any action in the cause 118
by the court. 119
[(g)] (h) A parent not granted custody of a minor child shall not be 120
denied the right of access to the academic, medical, hospital or other 121
health records of such minor child, unless otherwise ordered by the 122
court for good cause shown. 123
[(h)] (i) Notwithstanding the provisions of subsections (b) and (c) of 124
this section, when a motion for modification of custody or visitation is 125
pending before the court or has been decided by the court and the 126
investigation ordered by the court pursuant to section 46b-6, as 127
amended by this act, recommends psychiatric or psychological therapy 128
for a child, and such therapy would, in the court's opinion, be in the 129
best interests of the child and aid the child's response to a 130
modification, the court may order such therapy and reserve judgment 131
on the motion for modification. 132
[(i)] (j) As part of a decision concerning custody or visitation, the 133
court may order either parent or both of the parents and any child of 134
such parents to participate in counseling and drug or alcohol 135
screening, provided such participation is in the best interests of the 136
child. 137
Sec. 3. Section 46b-54 of the general statutes is repealed and the 138
following is substituted in lieu thereof (Effective October 1, 2019): 139
(a) The court may appoint counsel or a guardian ad litem for any 140
minor child or children of either or both parties at any time after the 141
return day of a complaint under section 46b-45, if the court deems it to 142
be in the best interests of the child or children. The court may appoint 143
counsel or a guardian ad litem on its own motion, or at the request of 144
either of the parties or of the legal guardian of any child or at the 145 Raised Bill No. 7393
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request of any child who is of sufficient age and capable of making an 146
intelligent request. 147
(b) Counsel or a guardian ad litem for the minor child or children 148
may also be appointed on the motion of the court or on the request of 149
any person enumerated in subsection (a) of this section in any case 150
before the court when the court finds that the custody, care, education, 151
visitation or support of a minor child is in actual controversy, provided 152
the court may make any order regarding a matter in controversy prior 153
to the appointment of counsel or a guardian ad litem where it finds 154
immediate action necessary in the best interests of any child. 155
(c) In the absence of an agreement of the parties to the appointment 156
of counsel or a guardian ad litem for a minor child in the parties' 157
matter and a canvassing by the court concerning the terms of such 158
agreement, the court shall only appoint such counsel or guardian ad 159
litem under this section when, in the court's discretion, reasonable 160
options and efforts to resolve a dispute of the parties concerning the 161
custody, care, education, visitation or support of a minor child have 162
been made. 163
(d) If the court deems the appointment of counsel or a guardian ad 164
litem for any minor child or children to be in the best interests of the 165
child or children, such appointment shall be made in accordance with 166
the provisions of section 46b-12. 167
(e) Counsel or a guardian ad litem for the minor child or children 168
shall be heard on all matters pertaining to the interests of any child, 169
including the custody, care, support, education and visitation of the 170
child, so long as the court deems such representation to be in the best 171
interests of the child. To the extent practicable, when hearing from 172
such counsel or guardian ad litem, the court shall permit such counsel 173
or guardian ad litem to participate at the beginning of the matter, at 174
the conclusion of the matter or at such other time the court deems 175
appropriate so as to minimize legal fees incurred by the parties due to 176
the participation of such counsel or guardian ad litem in the matter. 177 Raised Bill No. 7393
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Such counsel or guardian ad litem may be heard on a matter 178
pertaining to a medical diagnosis or conclusion concerning a minor 179
child made by a health care professional treating such child when (1) 180
such counsel or guardian ad litem is in possession of a medical record 181
or report of the treating health care professional that indicates or 182
supports such medical diagnosis or conclusion; or (2) one or more 183
parties have refused to cooperate in paying for or obtaining a medical 184
record or report that contains the treating health care professional's 185
medical diagnosis or conclusion. If the court deems it to be in the best 186
interests of the minor child, such health care professional shall be 187
heard on matters pertaining to the interests of any such child, 188
including the custody, care, support, education and visitation of such 189
child. 190
(f) When recommending the entry of any order as provided in 191
subsections (a) and (b) of section 46b-56, as amended by this act, 192
counsel or a guardian ad litem for the minor child shall consider the 193
best interests of the child, and in doing so shall consider, but not be 194
limited to, one or more of the following factors: (1) The temperament 195
and developmental needs of the child; (2) the capacity and the 196
disposition of the parents to understand and meet the needs of the 197
child; (3) any relevant and material information obtained from the 198
child, including the informed preferences of the child; (4) the wishes of 199
the child's parents as to custody; (5) the past and current interaction 200
and relationship of the child with each parent, the child's siblings and 201
any other person who may significantly affect the best interests of the 202
child; [(6) the willingness and ability of each parent to facilitate and 203
encourage such continuing parent-child relationship between the child 204
and the other parent as is appropriate, including compliance with any 205
court orders; (7)] (6) any manipulation by or coercive behavior of the 206
parents in an effort to involve the child in the parents' dispute; [(8)] (7) 207
the ability of each parent to be actively involved in the life of the child; 208
[(9)] (8) the child's adjustment to his or her home, school and 209
community environments; [(10)] (9) the length of time that the child 210
has lived in a stable and satisfactory environment and the desirability 211 Raised Bill No. 7393
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of maintaining continuity in such environment, provided counsel or a 212
guardian ad litem for the minor child may consider favorably a parent 213
who voluntarily leaves the child's family home pendente lite in order 214
to alleviate stress in the household; [(11)] (10) the stability of the child's 215
existing or proposed residences, or both; [(12)] (11) the mental and 216
physical health of all individuals involved, except that a disability of a 217
proposed custodial parent or other party, in and of itself, shall not be 218
determinative of custody unless the proposed custodial arrangement is 219
not in the best interests of the child; [(13)] (12) the child's cultural 220
background; [(14)] (13) the effect on the child of the actions of an 221
abuser, if any domestic violence has occurred between the parents or 222
between a parent and another individual or the child; [(15)] (14) 223
whether the child or a sibling of the child has been abused or 224
neglected, as defined respectively in section 46b-120; and [(16)] (15) 225
whether a party satisfactorily completed participation in a parenting 226
education program established pursuant to section 46b-69b. Counsel or 227
a guardian ad litem for the minor child shall not be required to assign 228
any weight to any of the factors considered. 229
(g) There shall be a rebuttable presumption that a parent is not 230
acting in the best interests of a child when such parent's conduct 231
evidences an unwillingness or inability to (1) facilitate and encourage 232
the other parent's relationship with the child, as is appropriate under 233
the circumstances, or (2) comply with court orders that seek to 234
facilitate and encourage such relationship. 235
Sec. 4. Section 46b-6 of the general statutes is repealed and the 236
following is substituted in lieu thereof (Effective October 1, 2019): 237
(a) In any pending family relations matter the court [or any judge 238
may cause] may order an investigation, evaluation or study to be made 239
with respect to any circumstance of the matter which may be helpful 240
or material or relevant to a proper disposition of the case. Such 241
investigation, evaluation or study may include an examination of the 242
parentage and surroundings of any child, his age, habits and history, 243
inquiry into the home conditions, habits and character of his parents or 244 Raised Bill No. 7393
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guardians and evaluation of his mental or physical condition. In any 245
action for dissolution of marriage, legal separation or annulment of 246
marriage such investigation, evaluation or study may include an 247
examination into the age, habits and history of the parties, the causes 248
of marital discord and the financial ability of the parties to furnish 249
support to either spouse or any dependent child. 250
(b) A report with respect to any investigation, evaluation or study, 251
undertaken pursuant to subsection (a) of this section by an individual 252
who is not an employee of the Judicial Department, shall be completed 253
and filed with the court not later than one hundred twenty days after 254
the date on which the court ordered such investigation, evaluation or 255
study, unless the court enters a finding on the record that 256
extraordinary circumstances warrant an extended period of time for 257
the completion and filing of the report with respect to such 258
investigation, evaluation or study. Upon the filing of such report, the 259
court shall not order that a further investigation, evaluation or study 260
be undertaken within the twelve-month period following the date on 261
which the report was filed, unless the court enters a finding on the 262
record that extraordinary circumstances necessitate that further 263
investigation, evaluation or study be undertaken. 264
(c) If the court orders that an investigation, evaluation or study be 265
undertaken in any controversy involving the custody or care of a 266
minor child, absent agreement of the parties, the court shall enter a 267
finding on the record articulating the reasoning for undertaking such 268
investigation, evaluation or study. 269
(d) Whenever an investigation, evaluation or study has been 270
ordered by the court pursuant to subsection (a) of this section, the case 271
shall not be disposed of until a report with respect to such 272
investigation, evaluation or study has been filed in accordance with 273
this section, and counsel and the parties have had a reasonable 274
opportunity to examine such report prior to the date on which the case 275
is to be heard, unless the court orders that the case be heard before the 276
report is filed. Unless otherwise permitted to do so by the court, 277 Raised Bill No. 7393
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counsel for the parties, including any guardian ad litem, and any self-278
represented parties shall not initiate contact with the individual who is 279
undertaking the investigation, evaluation or study until such 280
individual files a report in accordance with subsection (b) of this 281
section. 282
Sec. 5. Section 46b-6a of the general statutes is repealed and the 283
following is substituted in lieu thereof (Effective October 1, 2019): 284
(a) In a family relations matter, as defined in section 46b-1, if a court 285
orders that a parent undergo treatment from a qualified, licensed 286
health care provider, the court shall permit the parent to select a 287
qualified, licensed health care provider to provide such treatment. 288
(b) In a family relations matter, as defined in section 46b-1, if a court 289
orders that a child undergo treatment from a qualified, licensed health 290
care provider, the court shall permit the parent or legal guardian of 291
such child to select a qualified, licensed health care provider to provide 292
such treatment. Except in a case where one of the parents has been 293
awarded sole custody, if both parents do not agree on the selection of a 294
qualified, licensed health care provider to provide such treatment to a 295
child, the court shall continue the matter for two weeks to allow the 296
parents an opportunity to jointly select a qualified, licensed health care 297
provider. If after the two-week period, the parents have not reached an 298
agreement on the selection of a qualified, licensed health care provider, 299
the court shall select such provider after giving due consideration to 300
the health insurance coverage and financial resources available to such 301
parents. 302
(c) (1) In a family relations matter, as defined in section 46b-1, if the 303
parties agree or if a court orders that a parent or child undergo an 304
evaluation from a qualified, licensed health care provider, the court 305
shall first make a finding that the parties have the financial resources 306
to pay for such evaluation. 307
(2) If the court has determined that an evaluation can be undertaken 308
and a qualified, licensed health care provider has been selected to 309 Raised Bill No. 7393
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perform the evaluation, the court's order for an evaluation shall 310
contain the name of each provider who is to undertake the evaluation, 311
the estimated cost of the evaluation, each party's responsibility for the 312
cost of the evaluation, the professional credentials of each provider 313
and the estimated deadline by which such evaluation shall be 314
completed and submitted to the court. 315
(3) Not later than thirty days after the date of completion of such 316
evaluation, the provider shall (A) file a report containing the results of 317
the evaluation with the clerk of the court, who shall seal such report, 318
and (B) unless otherwise ordered by the court, provide a copy of such 319
report to counsel of record, including any guardian ad litem and any 320
self-represented parties. Unless otherwise permitted by the court, 321
counsel of record, including any guardian ad litem and any self-322
represented parties shall not provide or otherwise disclose such report 323
to any other person, except that counsel to the plaintiff or the 324
defendant in the action may provide a copy of the report to his or her 325
client. 326
Sec. 6. (NEW) (Effective October 1, 2019) (a) As used in this section, 327
"personal identifying information" means: An individual's date of 328
birth; mother's maiden name; motor vehicle operator's license number; 329
Social Security number; other government-issued identification 330
number, except for juris, license, permit or other business-related 331
identification numbers that are otherwise made available to the public 332
directly by any government agency or entity; health insurance 333
identification number; or any financial account number, security code 334
or personal identification number. "Personal identifying information" 335
does not include a person's name unless a judicial authority has 336
entered an order allowing the use of a pseudonym in place of the name 337
of a party, in which case a person's name is included in the definition 338
"personal identifying information". 339
(b) Any person filing a document with the court, whether in an 340
electronic or paper format, that includes personal identifying 341
information shall redact any such information contained in the 342 Raised Bill No. 7393
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document, unless otherwise required by law or ordered by the court. 343
The party filing the redacted document shall retain the original, 344
unredacted document throughout the pendency of the action, any 345
appeal period and any applicable appellate process. 346
(c) The person filing the document shall be solely responsible for 347
omitting or redacting personal identifying information. The court or 348
the clerk of the court shall not be responsible for reviewing any filed 349
document to ensure compliance with the provisions of this section. 350
Sec. 7. (NEW) (Effective July 1, 2019) (a) Notwithstanding the 351
provisions of sections 46b-12, 46b-62, 51-296 and 51-296a of the general 352
statutes, on and after January 1, 2020, in any family relations matter, as 353
described in section 46b-1 of the general statutes, in which the court 354
orders that a guardian ad litem be appointed on behalf of a minor 355
child, the Division of Public Defender Services shall be solely 356
responsible for the assignment of the guardian ad litem in such matter. 357
(b) The Division of Public Defender Services shall: (1) Prescribe a 358
uniform fee agreement applicable to the assignment of a guardian ad 359
litem to a family relations matter under this section; and (2) develop 360
and implement a methodology for calculating, on a sliding-scale basis, 361
the fees due and owing from a person who is not indigent to the 362
guardian ad litem assigned to a matter under this section. The 363
maximum fee payable to a guardian ad litem pursuant to this section 364
shall not exceed the fee prescribed by the Judicial Branch under section 365
46b-62 of the general statutes for a couple with a gross combined 366
income of one hundred thousand dollars. 367
(c) The Division of Public Defender Services may assess an 368
administrative fee to be paid by any person who is not indigent and 369
who is assigned a guardian ad litem under the provisions of this 370
section. Any administrative fees collected by the Division of Public 371
Defender Services pursuant to this subsection shall be used by said 372
division to defray costs incurred in connection with the administration 373
of this section. 374 Raised Bill No. 7393
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 46b-87
Sec. 2 October 1, 2019 46b-56
Sec. 3 October 1, 2019 46b-54
Sec. 4 October 1, 2019 46b-6
Sec. 5 October 1, 2019 46b-6a
Sec. 7 July 1, 2019 New section
Statement of Purpose:
To make revisions to various statutes relating to court proceedings that
concern family relations matters.
[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.]