Connecticut 2019 Regular Session

Connecticut House Bill HB07393 Compare Versions

Only one version of the bill is available at this time.
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55 General Assembly Raised Bill No. 7393
66 January Session, 2019
77 LCO No. 6440
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1010 Referred to Committee on JUDICIARY
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1313 Introduced by:
1414 (JUD)
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1919 AN ACT CONCERNING CO URT PROCEEDINGS IN FAMIL Y
2020 RELATIONS MATTERS.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. Section 46b-87 of the general statutes is repealed and the 1
2525 following is substituted in lieu thereof (Effective October 1, 2019): 2
2626 (a) When any person is found in contempt of an order of the 3
2727 Superior Court entered under [section 46b-60 to 46b-62, inclusive, 46b-4
2828 81 to 46b-83, inclusive, or 46b-86] the provisions of this chapter, the 5
2929 court may award to the petitioner a reasonable attorney's fee and the 6
3030 fees of the officer serving the contempt citation, such sums to be paid 7
3131 by the person found in contempt, provided if any such person is found 8
3232 not to be in contempt of such order, the court may award a reasonable 9
3333 attorney's fee to such person. The costs of commitment of any person 10
3434 imprisoned for contempt of court by reason of failure to comply with 11
3535 such an order shall be paid by the state as in criminal cases. 12
3636 (b) In addition to the award of fees pursuant to subsection (a) of this 13
3737 section, when any person is found in contempt of a court order 14 Raised Bill No. 7393
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4343 concerning an assignment of custody, visitation with a minor child or 15
4444 parental access, the court may impose additional sanctions against the 16
4545 person found to be in contempt of the court order that include, but are 17
4646 not limited to, (1) fines, (2) a reduction or suspension of visitation or 18
4747 parental access, and (3) a change in the assignment of physical and 19
4848 legal custody. 20
4949 Sec. 2. Section 46b-56 of the general statutes is repealed and the 21
5050 following is substituted in lieu thereof (Effective October 1, 2019): 22
5151 (a) In any controversy before the Superior Court as to the custody or 23
5252 care of minor children, and at any time after the return day of any 24
5353 complaint under section 46b-45, the court may make or modify any 25
5454 proper order regarding the custody, care, education, visitation and 26
5555 support of the children if it has jurisdiction under the provisions of 27
5656 chapter 815p. Subject to the provisions of section 46b-56a, the court 28
5757 may assign parental responsibility for raising the child to the parents 29
5858 jointly, or may award custody to either parent or to a third party, 30
5959 according to its best judgment upon the facts of the case and subject to 31
6060 such conditions and limitations as it deems equitable. The court may 32
6161 also make any order granting the right of visitation of any child to a 33
6262 third party to the action, including, but not limited to, grandparents. 34
6363 Notwithstanding the provisions of this subsection, the court shall not 35
6464 make or modify any order as to the custody of a child involving an 36
6565 allegation of abuse, unless and until there is an evidentiary offer of 37
6666 proof and hearing concerning such allegation of abuse. 38
6767 (b) In making or modifying any order as provided in subsection (a) 39
6868 of this section, the rights and responsibilities of both parents shall be 40
6969 considered and the court shall enter orders accordingly that serve the 41
7070 best interests of the child and provide the child with the active and 42
7171 consistent involvement of both parents commensurate with their 43
7272 abilities and interests. Such orders may include, but shall not be 44
7373 limited to: (1) Approval of a parental responsibility plan agreed to by 45
7474 the parents pursuant to section 46b-56a; (2) the award of joint parental 46
7575 responsibility of a minor child to both parents, which shall include (A) 47 Raised Bill No. 7393
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8181 provisions for residential arrangements with each parent in accordance 48
8282 with the needs of the child and the parents, and (B) provisions for 49
8383 consultation between the parents and for the making of major 50
8484 decisions regarding the child's health, education and religious 51
8585 upbringing; (3) the award of sole custody to one parent with 52
8686 appropriate parenting time for the noncustodial parent where sole 53
8787 custody is in the best interests of the child; or (4) any other custody 54
8888 arrangements as the court may determine to be in the best interests of 55
8989 the child. In making or modifying any order concerning visitation with 56
9090 a child pursuant to subsection (a) of this section, absent agreement of 57
9191 the parties, the court shall not order that a parent's visitation with a 58
9292 child be supervised unless the court enters a finding on the record of 59
9393 the circumstances necessitating that such visitation be supervised. 60
9494 (c) In making or modifying any order as provided in subsections (a) 61
9595 and (b) of this section, the court shall consider the best interests of the 62
9696 child, and in doing so may consider, but shall not be limited to, one or 63
9797 more of the following factors: (1) The temperament and developmental 64
9898 needs of the child; (2) the capacity and the disposition of the parents to 65
9999 understand and meet the needs of the child; (3) any relevant and 66
100100 material information obtained from the child, including the informed 67
101101 preferences of the child; (4) the wishes of the child's parents as to 68
102102 custody; (5) the past and current interaction and relationship of the 69
103103 child with each parent, the child's siblings and any other person who 70
104104 may significantly affect the best interests of the child; [(6) the 71
105105 willingness and ability of each parent to facilitate and encourage such 72
106106 continuing parent-child relationship between the child and the other 73
107107 parent as is appropriate, including compliance with any court orders; 74
108108 (7)] (6) any manipulation by or coercive behavior of the parents in an 75
109109 effort to involve the child in the parents' dispute; [(8)] (7) the ability of 76
110110 each parent to be actively involved in the life of the child; [(9)] (8) the 77
111111 child's adjustment to his or her home, school and community 78
112112 environments; [(10)] (9) the length of time that the child has lived in a 79
113113 stable and satisfactory environment and the desirability of maintaining 80
114114 continuity in such environment, provided the court may consider 81 Raised Bill No. 7393
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120120 favorably a parent who voluntarily leaves the child's family home 82
121121 pendente lite in order to alleviate stress in the household; [(11)] (10) the 83
122122 stability of the child's existing or proposed residences, or both; [(12)] 84
123123 (11) the mental and physical health of all individuals involved, except 85
124124 that a disability of a proposed custodial parent or other party, in and of 86
125125 itself, shall not be determinative of custody unless the proposed 87
126126 custodial arrangement is not in the best interests of the child; [(13)] (12) 88
127127 the child's cultural background; [(14)] (13) the effect on the child of the 89
128128 actions of an abuser, if any domestic violence has occurred between 90
129129 the parents or between a parent and another individual or the child; 91
130130 [(15)] (14) whether the child or a sibling of the child has been abused or 92
131131 neglected, as defined respectively in section 46b-120; and [(16)] (15) 93
132132 whether the party satisfactorily completed participation in a parenting 94
133133 education program established pursuant to section 46b-69b. The court 95
134134 is not required to assign any weight to any of the factors that it 96
135135 considers, but shall articulate the basis for its decision. 97
136136 (d) There shall be a rebuttable presumption that a parent is not 98
137137 acting in the best interests of a child when such parent's conduct 99
138138 evidences an unwillingness or inability to (1) facilitate and encourage 100
139139 the other parent's relationship with the child, as is appropriate under 101
140140 the circumstances, or (2) comply with court orders that seek to 102
141141 facilitate and encourage such relationship. 103
142142 [(d)] (e) Upon the issuance of any order assigning custody of the 104
143143 child to the Commissioner of Children and Families, or not later than 105
144144 sixty days after the issuance of such order, the court shall make a 106
145145 determination whether the Department of Children and Families made 107
146146 reasonable efforts to keep the child with his or her parents prior to the 108
147147 issuance of such order and, if such efforts were not made, whether 109
148148 such reasonable efforts were not possible, taking into consideration the 110
149149 best interests of the child, including the child's health and safety. 111
150150 [(e)] (f) In determining whether a child is in need of support and, if 112
151151 in need, the respective abilities of the parents to provide support, the 113
152152 court shall take into consideration all the factors enumerated in section 114 Raised Bill No. 7393
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158158 46b-84. 115
159159 [(f)] (g) When the court is not sitting, any judge of the court may 116
160160 make any order in the cause which the court might make under this 117
161161 section, including orders of injunction, prior to any action in the cause 118
162162 by the court. 119
163163 [(g)] (h) A parent not granted custody of a minor child shall not be 120
164164 denied the right of access to the academic, medical, hospital or other 121
165165 health records of such minor child, unless otherwise ordered by the 122
166166 court for good cause shown. 123
167167 [(h)] (i) Notwithstanding the provisions of subsections (b) and (c) of 124
168168 this section, when a motion for modification of custody or visitation is 125
169169 pending before the court or has been decided by the court and the 126
170170 investigation ordered by the court pursuant to section 46b-6, as 127
171171 amended by this act, recommends psychiatric or psychological therapy 128
172172 for a child, and such therapy would, in the court's opinion, be in the 129
173173 best interests of the child and aid the child's response to a 130
174174 modification, the court may order such therapy and reserve judgment 131
175175 on the motion for modification. 132
176176 [(i)] (j) As part of a decision concerning custody or visitation, the 133
177177 court may order either parent or both of the parents and any child of 134
178178 such parents to participate in counseling and drug or alcohol 135
179179 screening, provided such participation is in the best interests of the 136
180180 child. 137
181181 Sec. 3. Section 46b-54 of the general statutes is repealed and the 138
182182 following is substituted in lieu thereof (Effective October 1, 2019): 139
183183 (a) The court may appoint counsel or a guardian ad litem for any 140
184184 minor child or children of either or both parties at any time after the 141
185185 return day of a complaint under section 46b-45, if the court deems it to 142
186186 be in the best interests of the child or children. The court may appoint 143
187187 counsel or a guardian ad litem on its own motion, or at the request of 144
188188 either of the parties or of the legal guardian of any child or at the 145 Raised Bill No. 7393
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194194 request of any child who is of sufficient age and capable of making an 146
195195 intelligent request. 147
196196 (b) Counsel or a guardian ad litem for the minor child or children 148
197197 may also be appointed on the motion of the court or on the request of 149
198198 any person enumerated in subsection (a) of this section in any case 150
199199 before the court when the court finds that the custody, care, education, 151
200200 visitation or support of a minor child is in actual controversy, provided 152
201201 the court may make any order regarding a matter in controversy prior 153
202202 to the appointment of counsel or a guardian ad litem where it finds 154
203203 immediate action necessary in the best interests of any child. 155
204204 (c) In the absence of an agreement of the parties to the appointment 156
205205 of counsel or a guardian ad litem for a minor child in the parties' 157
206206 matter and a canvassing by the court concerning the terms of such 158
207207 agreement, the court shall only appoint such counsel or guardian ad 159
208208 litem under this section when, in the court's discretion, reasonable 160
209209 options and efforts to resolve a dispute of the parties concerning the 161
210210 custody, care, education, visitation or support of a minor child have 162
211211 been made. 163
212212 (d) If the court deems the appointment of counsel or a guardian ad 164
213213 litem for any minor child or children to be in the best interests of the 165
214214 child or children, such appointment shall be made in accordance with 166
215215 the provisions of section 46b-12. 167
216216 (e) Counsel or a guardian ad litem for the minor child or children 168
217217 shall be heard on all matters pertaining to the interests of any child, 169
218218 including the custody, care, support, education and visitation of the 170
219219 child, so long as the court deems such representation to be in the best 171
220220 interests of the child. To the extent practicable, when hearing from 172
221221 such counsel or guardian ad litem, the court shall permit such counsel 173
222222 or guardian ad litem to participate at the beginning of the matter, at 174
223223 the conclusion of the matter or at such other time the court deems 175
224224 appropriate so as to minimize legal fees incurred by the parties due to 176
225225 the participation of such counsel or guardian ad litem in the matter. 177 Raised Bill No. 7393
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231231 Such counsel or guardian ad litem may be heard on a matter 178
232232 pertaining to a medical diagnosis or conclusion concerning a minor 179
233233 child made by a health care professional treating such child when (1) 180
234234 such counsel or guardian ad litem is in possession of a medical record 181
235235 or report of the treating health care professional that indicates or 182
236236 supports such medical diagnosis or conclusion; or (2) one or more 183
237237 parties have refused to cooperate in paying for or obtaining a medical 184
238238 record or report that contains the treating health care professional's 185
239239 medical diagnosis or conclusion. If the court deems it to be in the best 186
240240 interests of the minor child, such health care professional shall be 187
241241 heard on matters pertaining to the interests of any such child, 188
242242 including the custody, care, support, education and visitation of such 189
243243 child. 190
244244 (f) When recommending the entry of any order as provided in 191
245245 subsections (a) and (b) of section 46b-56, as amended by this act, 192
246246 counsel or a guardian ad litem for the minor child shall consider the 193
247247 best interests of the child, and in doing so shall consider, but not be 194
248248 limited to, one or more of the following factors: (1) The temperament 195
249249 and developmental needs of the child; (2) the capacity and the 196
250250 disposition of the parents to understand and meet the needs of the 197
251251 child; (3) any relevant and material information obtained from the 198
252252 child, including the informed preferences of the child; (4) the wishes of 199
253253 the child's parents as to custody; (5) the past and current interaction 200
254254 and relationship of the child with each parent, the child's siblings and 201
255255 any other person who may significantly affect the best interests of the 202
256256 child; [(6) the willingness and ability of each parent to facilitate and 203
257257 encourage such continuing parent-child relationship between the child 204
258258 and the other parent as is appropriate, including compliance with any 205
259259 court orders; (7)] (6) any manipulation by or coercive behavior of the 206
260260 parents in an effort to involve the child in the parents' dispute; [(8)] (7) 207
261261 the ability of each parent to be actively involved in the life of the child; 208
262262 [(9)] (8) the child's adjustment to his or her home, school and 209
263263 community environments; [(10)] (9) the length of time that the child 210
264264 has lived in a stable and satisfactory environment and the desirability 211 Raised Bill No. 7393
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270270 of maintaining continuity in such environment, provided counsel or a 212
271271 guardian ad litem for the minor child may consider favorably a parent 213
272272 who voluntarily leaves the child's family home pendente lite in order 214
273273 to alleviate stress in the household; [(11)] (10) the stability of the child's 215
274274 existing or proposed residences, or both; [(12)] (11) the mental and 216
275275 physical health of all individuals involved, except that a disability of a 217
276276 proposed custodial parent or other party, in and of itself, shall not be 218
277277 determinative of custody unless the proposed custodial arrangement is 219
278278 not in the best interests of the child; [(13)] (12) the child's cultural 220
279279 background; [(14)] (13) the effect on the child of the actions of an 221
280280 abuser, if any domestic violence has occurred between the parents or 222
281281 between a parent and another individual or the child; [(15)] (14) 223
282282 whether the child or a sibling of the child has been abused or 224
283283 neglected, as defined respectively in section 46b-120; and [(16)] (15) 225
284284 whether a party satisfactorily completed participation in a parenting 226
285285 education program established pursuant to section 46b-69b. Counsel or 227
286286 a guardian ad litem for the minor child shall not be required to assign 228
287287 any weight to any of the factors considered. 229
288288 (g) There shall be a rebuttable presumption that a parent is not 230
289289 acting in the best interests of a child when such parent's conduct 231
290290 evidences an unwillingness or inability to (1) facilitate and encourage 232
291291 the other parent's relationship with the child, as is appropriate under 233
292292 the circumstances, or (2) comply with court orders that seek to 234
293293 facilitate and encourage such relationship. 235
294294 Sec. 4. Section 46b-6 of the general statutes is repealed and the 236
295295 following is substituted in lieu thereof (Effective October 1, 2019): 237
296296 (a) In any pending family relations matter the court [or any judge 238
297297 may cause] may order an investigation, evaluation or study to be made 239
298298 with respect to any circumstance of the matter which may be helpful 240
299299 or material or relevant to a proper disposition of the case. Such 241
300300 investigation, evaluation or study may include an examination of the 242
301301 parentage and surroundings of any child, his age, habits and history, 243
302302 inquiry into the home conditions, habits and character of his parents or 244 Raised Bill No. 7393
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308308 guardians and evaluation of his mental or physical condition. In any 245
309309 action for dissolution of marriage, legal separation or annulment of 246
310310 marriage such investigation, evaluation or study may include an 247
311311 examination into the age, habits and history of the parties, the causes 248
312312 of marital discord and the financial ability of the parties to furnish 249
313313 support to either spouse or any dependent child. 250
314314 (b) A report with respect to any investigation, evaluation or study, 251
315315 undertaken pursuant to subsection (a) of this section by an individual 252
316316 who is not an employee of the Judicial Department, shall be completed 253
317317 and filed with the court not later than one hundred twenty days after 254
318318 the date on which the court ordered such investigation, evaluation or 255
319319 study, unless the court enters a finding on the record that 256
320320 extraordinary circumstances warrant an extended period of time for 257
321321 the completion and filing of the report with respect to such 258
322322 investigation, evaluation or study. Upon the filing of such report, the 259
323323 court shall not order that a further investigation, evaluation or study 260
324324 be undertaken within the twelve-month period following the date on 261
325325 which the report was filed, unless the court enters a finding on the 262
326326 record that extraordinary circumstances necessitate that further 263
327327 investigation, evaluation or study be undertaken. 264
328328 (c) If the court orders that an investigation, evaluation or study be 265
329329 undertaken in any controversy involving the custody or care of a 266
330330 minor child, absent agreement of the parties, the court shall enter a 267
331331 finding on the record articulating the reasoning for undertaking such 268
332332 investigation, evaluation or study. 269
333333 (d) Whenever an investigation, evaluation or study has been 270
334334 ordered by the court pursuant to subsection (a) of this section, the case 271
335335 shall not be disposed of until a report with respect to such 272
336336 investigation, evaluation or study has been filed in accordance with 273
337337 this section, and counsel and the parties have had a reasonable 274
338338 opportunity to examine such report prior to the date on which the case 275
339339 is to be heard, unless the court orders that the case be heard before the 276
340340 report is filed. Unless otherwise permitted to do so by the court, 277 Raised Bill No. 7393
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346346 counsel for the parties, including any guardian ad litem, and any self-278
347347 represented parties shall not initiate contact with the individual who is 279
348348 undertaking the investigation, evaluation or study until such 280
349349 individual files a report in accordance with subsection (b) of this 281
350350 section. 282
351351 Sec. 5. Section 46b-6a of the general statutes is repealed and the 283
352352 following is substituted in lieu thereof (Effective October 1, 2019): 284
353353 (a) In a family relations matter, as defined in section 46b-1, if a court 285
354354 orders that a parent undergo treatment from a qualified, licensed 286
355355 health care provider, the court shall permit the parent to select a 287
356356 qualified, licensed health care provider to provide such treatment. 288
357357 (b) In a family relations matter, as defined in section 46b-1, if a court 289
358358 orders that a child undergo treatment from a qualified, licensed health 290
359359 care provider, the court shall permit the parent or legal guardian of 291
360360 such child to select a qualified, licensed health care provider to provide 292
361361 such treatment. Except in a case where one of the parents has been 293
362362 awarded sole custody, if both parents do not agree on the selection of a 294
363363 qualified, licensed health care provider to provide such treatment to a 295
364364 child, the court shall continue the matter for two weeks to allow the 296
365365 parents an opportunity to jointly select a qualified, licensed health care 297
366366 provider. If after the two-week period, the parents have not reached an 298
367367 agreement on the selection of a qualified, licensed health care provider, 299
368368 the court shall select such provider after giving due consideration to 300
369369 the health insurance coverage and financial resources available to such 301
370370 parents. 302
371371 (c) (1) In a family relations matter, as defined in section 46b-1, if the 303
372372 parties agree or if a court orders that a parent or child undergo an 304
373373 evaluation from a qualified, licensed health care provider, the court 305
374374 shall first make a finding that the parties have the financial resources 306
375375 to pay for such evaluation. 307
376376 (2) If the court has determined that an evaluation can be undertaken 308
377377 and a qualified, licensed health care provider has been selected to 309 Raised Bill No. 7393
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383383 perform the evaluation, the court's order for an evaluation shall 310
384384 contain the name of each provider who is to undertake the evaluation, 311
385385 the estimated cost of the evaluation, each party's responsibility for the 312
386386 cost of the evaluation, the professional credentials of each provider 313
387387 and the estimated deadline by which such evaluation shall be 314
388388 completed and submitted to the court. 315
389389 (3) Not later than thirty days after the date of completion of such 316
390390 evaluation, the provider shall (A) file a report containing the results of 317
391391 the evaluation with the clerk of the court, who shall seal such report, 318
392392 and (B) unless otherwise ordered by the court, provide a copy of such 319
393393 report to counsel of record, including any guardian ad litem and any 320
394394 self-represented parties. Unless otherwise permitted by the court, 321
395395 counsel of record, including any guardian ad litem and any self-322
396396 represented parties shall not provide or otherwise disclose such report 323
397397 to any other person, except that counsel to the plaintiff or the 324
398398 defendant in the action may provide a copy of the report to his or her 325
399399 client. 326
400400 Sec. 6. (NEW) (Effective October 1, 2019) (a) As used in this section, 327
401401 "personal identifying information" means: An individual's date of 328
402402 birth; mother's maiden name; motor vehicle operator's license number; 329
403403 Social Security number; other government-issued identification 330
404404 number, except for juris, license, permit or other business-related 331
405405 identification numbers that are otherwise made available to the public 332
406406 directly by any government agency or entity; health insurance 333
407407 identification number; or any financial account number, security code 334
408408 or personal identification number. "Personal identifying information" 335
409409 does not include a person's name unless a judicial authority has 336
410410 entered an order allowing the use of a pseudonym in place of the name 337
411411 of a party, in which case a person's name is included in the definition 338
412412 "personal identifying information". 339
413413 (b) Any person filing a document with the court, whether in an 340
414414 electronic or paper format, that includes personal identifying 341
415415 information shall redact any such information contained in the 342 Raised Bill No. 7393
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421421 document, unless otherwise required by law or ordered by the court. 343
422422 The party filing the redacted document shall retain the original, 344
423423 unredacted document throughout the pendency of the action, any 345
424424 appeal period and any applicable appellate process. 346
425425 (c) The person filing the document shall be solely responsible for 347
426426 omitting or redacting personal identifying information. The court or 348
427427 the clerk of the court shall not be responsible for reviewing any filed 349
428428 document to ensure compliance with the provisions of this section. 350
429429 Sec. 7. (NEW) (Effective July 1, 2019) (a) Notwithstanding the 351
430430 provisions of sections 46b-12, 46b-62, 51-296 and 51-296a of the general 352
431431 statutes, on and after January 1, 2020, in any family relations matter, as 353
432432 described in section 46b-1 of the general statutes, in which the court 354
433433 orders that a guardian ad litem be appointed on behalf of a minor 355
434434 child, the Division of Public Defender Services shall be solely 356
435435 responsible for the assignment of the guardian ad litem in such matter. 357
436436 (b) The Division of Public Defender Services shall: (1) Prescribe a 358
437437 uniform fee agreement applicable to the assignment of a guardian ad 359
438438 litem to a family relations matter under this section; and (2) develop 360
439439 and implement a methodology for calculating, on a sliding-scale basis, 361
440440 the fees due and owing from a person who is not indigent to the 362
441441 guardian ad litem assigned to a matter under this section. The 363
442442 maximum fee payable to a guardian ad litem pursuant to this section 364
443443 shall not exceed the fee prescribed by the Judicial Branch under section 365
444444 46b-62 of the general statutes for a couple with a gross combined 366
445445 income of one hundred thousand dollars. 367
446446 (c) The Division of Public Defender Services may assess an 368
447447 administrative fee to be paid by any person who is not indigent and 369
448448 who is assigned a guardian ad litem under the provisions of this 370
449449 section. Any administrative fees collected by the Division of Public 371
450450 Defender Services pursuant to this subsection shall be used by said 372
451451 division to defray costs incurred in connection with the administration 373
452452 of this section. 374 Raised Bill No. 7393
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458458 This act shall take effect as follows and shall amend the following
459459 sections:
460460
461461 Section 1 October 1, 2019 46b-87
462462 Sec. 2 October 1, 2019 46b-56
463463 Sec. 3 October 1, 2019 46b-54
464464 Sec. 4 October 1, 2019 46b-6
465465 Sec. 5 October 1, 2019 46b-6a
466466 Sec. 7 July 1, 2019 New section
467467
468468 Statement of Purpose:
469469 To make revisions to various statutes relating to court proceedings that
470470 concern family relations matters.
471471 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
472472 except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
473473 not underlined.]
474474