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3 | 3 | | LCO No. 6440 1 of 13 |
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5 | 5 | | General Assembly Raised Bill No. 7393 |
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6 | 6 | | January Session, 2019 |
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7 | 7 | | LCO No. 6440 |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on JUDICIARY |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (JUD) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING CO URT PROCEEDINGS IN FAMIL Y |
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20 | 20 | | RELATIONS MATTERS. |
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21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 22 | | Assembly convened: |
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23 | 23 | | |
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24 | 24 | | Section 1. Section 46b-87 of the general statutes is repealed and the 1 |
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25 | 25 | | following is substituted in lieu thereof (Effective October 1, 2019): 2 |
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26 | 26 | | (a) When any person is found in contempt of an order of the 3 |
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27 | 27 | | Superior Court entered under [section 46b-60 to 46b-62, inclusive, 46b-4 |
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28 | 28 | | 81 to 46b-83, inclusive, or 46b-86] the provisions of this chapter, the 5 |
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29 | 29 | | court may award to the petitioner a reasonable attorney's fee and the 6 |
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30 | 30 | | fees of the officer serving the contempt citation, such sums to be paid 7 |
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31 | 31 | | by the person found in contempt, provided if any such person is found 8 |
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32 | 32 | | not to be in contempt of such order, the court may award a reasonable 9 |
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33 | 33 | | attorney's fee to such person. The costs of commitment of any person 10 |
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34 | 34 | | imprisoned for contempt of court by reason of failure to comply with 11 |
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35 | 35 | | such an order shall be paid by the state as in criminal cases. 12 |
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36 | 36 | | (b) In addition to the award of fees pursuant to subsection (a) of this 13 |
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37 | 37 | | section, when any person is found in contempt of a court order 14 Raised Bill No. 7393 |
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38 | 38 | | |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | LCO No. 6440 2 of 13 |
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42 | 42 | | |
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43 | 43 | | concerning an assignment of custody, visitation with a minor child or 15 |
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44 | 44 | | parental access, the court may impose additional sanctions against the 16 |
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45 | 45 | | person found to be in contempt of the court order that include, but are 17 |
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46 | 46 | | not limited to, (1) fines, (2) a reduction or suspension of visitation or 18 |
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47 | 47 | | parental access, and (3) a change in the assignment of physical and 19 |
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48 | 48 | | legal custody. 20 |
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49 | 49 | | Sec. 2. Section 46b-56 of the general statutes is repealed and the 21 |
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50 | 50 | | following is substituted in lieu thereof (Effective October 1, 2019): 22 |
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51 | 51 | | (a) In any controversy before the Superior Court as to the custody or 23 |
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52 | 52 | | care of minor children, and at any time after the return day of any 24 |
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53 | 53 | | complaint under section 46b-45, the court may make or modify any 25 |
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54 | 54 | | proper order regarding the custody, care, education, visitation and 26 |
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55 | 55 | | support of the children if it has jurisdiction under the provisions of 27 |
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56 | 56 | | chapter 815p. Subject to the provisions of section 46b-56a, the court 28 |
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57 | 57 | | may assign parental responsibility for raising the child to the parents 29 |
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58 | 58 | | jointly, or may award custody to either parent or to a third party, 30 |
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59 | 59 | | according to its best judgment upon the facts of the case and subject to 31 |
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60 | 60 | | such conditions and limitations as it deems equitable. The court may 32 |
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61 | 61 | | also make any order granting the right of visitation of any child to a 33 |
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62 | 62 | | third party to the action, including, but not limited to, grandparents. 34 |
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63 | 63 | | Notwithstanding the provisions of this subsection, the court shall not 35 |
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64 | 64 | | make or modify any order as to the custody of a child involving an 36 |
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65 | 65 | | allegation of abuse, unless and until there is an evidentiary offer of 37 |
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66 | 66 | | proof and hearing concerning such allegation of abuse. 38 |
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67 | 67 | | (b) In making or modifying any order as provided in subsection (a) 39 |
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68 | 68 | | of this section, the rights and responsibilities of both parents shall be 40 |
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69 | 69 | | considered and the court shall enter orders accordingly that serve the 41 |
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70 | 70 | | best interests of the child and provide the child with the active and 42 |
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71 | 71 | | consistent involvement of both parents commensurate with their 43 |
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72 | 72 | | abilities and interests. Such orders may include, but shall not be 44 |
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73 | 73 | | limited to: (1) Approval of a parental responsibility plan agreed to by 45 |
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74 | 74 | | the parents pursuant to section 46b-56a; (2) the award of joint parental 46 |
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75 | 75 | | responsibility of a minor child to both parents, which shall include (A) 47 Raised Bill No. 7393 |
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76 | 76 | | |
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77 | 77 | | |
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78 | 78 | | |
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79 | 79 | | LCO No. 6440 3 of 13 |
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80 | 80 | | |
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81 | 81 | | provisions for residential arrangements with each parent in accordance 48 |
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82 | 82 | | with the needs of the child and the parents, and (B) provisions for 49 |
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83 | 83 | | consultation between the parents and for the making of major 50 |
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84 | 84 | | decisions regarding the child's health, education and religious 51 |
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85 | 85 | | upbringing; (3) the award of sole custody to one parent with 52 |
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86 | 86 | | appropriate parenting time for the noncustodial parent where sole 53 |
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87 | 87 | | custody is in the best interests of the child; or (4) any other custody 54 |
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88 | 88 | | arrangements as the court may determine to be in the best interests of 55 |
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89 | 89 | | the child. In making or modifying any order concerning visitation with 56 |
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90 | 90 | | a child pursuant to subsection (a) of this section, absent agreement of 57 |
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91 | 91 | | the parties, the court shall not order that a parent's visitation with a 58 |
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92 | 92 | | child be supervised unless the court enters a finding on the record of 59 |
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93 | 93 | | the circumstances necessitating that such visitation be supervised. 60 |
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94 | 94 | | (c) In making or modifying any order as provided in subsections (a) 61 |
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95 | 95 | | and (b) of this section, the court shall consider the best interests of the 62 |
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96 | 96 | | child, and in doing so may consider, but shall not be limited to, one or 63 |
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97 | 97 | | more of the following factors: (1) The temperament and developmental 64 |
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98 | 98 | | needs of the child; (2) the capacity and the disposition of the parents to 65 |
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99 | 99 | | understand and meet the needs of the child; (3) any relevant and 66 |
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100 | 100 | | material information obtained from the child, including the informed 67 |
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101 | 101 | | preferences of the child; (4) the wishes of the child's parents as to 68 |
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102 | 102 | | custody; (5) the past and current interaction and relationship of the 69 |
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103 | 103 | | child with each parent, the child's siblings and any other person who 70 |
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104 | 104 | | may significantly affect the best interests of the child; [(6) the 71 |
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105 | 105 | | willingness and ability of each parent to facilitate and encourage such 72 |
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106 | 106 | | continuing parent-child relationship between the child and the other 73 |
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107 | 107 | | parent as is appropriate, including compliance with any court orders; 74 |
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108 | 108 | | (7)] (6) any manipulation by or coercive behavior of the parents in an 75 |
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109 | 109 | | effort to involve the child in the parents' dispute; [(8)] (7) the ability of 76 |
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110 | 110 | | each parent to be actively involved in the life of the child; [(9)] (8) the 77 |
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111 | 111 | | child's adjustment to his or her home, school and community 78 |
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112 | 112 | | environments; [(10)] (9) the length of time that the child has lived in a 79 |
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113 | 113 | | stable and satisfactory environment and the desirability of maintaining 80 |
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114 | 114 | | continuity in such environment, provided the court may consider 81 Raised Bill No. 7393 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LCO No. 6440 4 of 13 |
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119 | 119 | | |
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120 | 120 | | favorably a parent who voluntarily leaves the child's family home 82 |
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121 | 121 | | pendente lite in order to alleviate stress in the household; [(11)] (10) the 83 |
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122 | 122 | | stability of the child's existing or proposed residences, or both; [(12)] 84 |
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123 | 123 | | (11) the mental and physical health of all individuals involved, except 85 |
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124 | 124 | | that a disability of a proposed custodial parent or other party, in and of 86 |
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125 | 125 | | itself, shall not be determinative of custody unless the proposed 87 |
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126 | 126 | | custodial arrangement is not in the best interests of the child; [(13)] (12) 88 |
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127 | 127 | | the child's cultural background; [(14)] (13) the effect on the child of the 89 |
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128 | 128 | | actions of an abuser, if any domestic violence has occurred between 90 |
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129 | 129 | | the parents or between a parent and another individual or the child; 91 |
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130 | 130 | | [(15)] (14) whether the child or a sibling of the child has been abused or 92 |
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131 | 131 | | neglected, as defined respectively in section 46b-120; and [(16)] (15) 93 |
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132 | 132 | | whether the party satisfactorily completed participation in a parenting 94 |
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133 | 133 | | education program established pursuant to section 46b-69b. The court 95 |
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134 | 134 | | is not required to assign any weight to any of the factors that it 96 |
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135 | 135 | | considers, but shall articulate the basis for its decision. 97 |
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136 | 136 | | (d) There shall be a rebuttable presumption that a parent is not 98 |
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137 | 137 | | acting in the best interests of a child when such parent's conduct 99 |
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138 | 138 | | evidences an unwillingness or inability to (1) facilitate and encourage 100 |
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139 | 139 | | the other parent's relationship with the child, as is appropriate under 101 |
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140 | 140 | | the circumstances, or (2) comply with court orders that seek to 102 |
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141 | 141 | | facilitate and encourage such relationship. 103 |
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142 | 142 | | [(d)] (e) Upon the issuance of any order assigning custody of the 104 |
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143 | 143 | | child to the Commissioner of Children and Families, or not later than 105 |
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144 | 144 | | sixty days after the issuance of such order, the court shall make a 106 |
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145 | 145 | | determination whether the Department of Children and Families made 107 |
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146 | 146 | | reasonable efforts to keep the child with his or her parents prior to the 108 |
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147 | 147 | | issuance of such order and, if such efforts were not made, whether 109 |
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148 | 148 | | such reasonable efforts were not possible, taking into consideration the 110 |
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149 | 149 | | best interests of the child, including the child's health and safety. 111 |
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150 | 150 | | [(e)] (f) In determining whether a child is in need of support and, if 112 |
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151 | 151 | | in need, the respective abilities of the parents to provide support, the 113 |
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152 | 152 | | court shall take into consideration all the factors enumerated in section 114 Raised Bill No. 7393 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | |
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156 | 156 | | LCO No. 6440 5 of 13 |
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157 | 157 | | |
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158 | 158 | | 46b-84. 115 |
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159 | 159 | | [(f)] (g) When the court is not sitting, any judge of the court may 116 |
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160 | 160 | | make any order in the cause which the court might make under this 117 |
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161 | 161 | | section, including orders of injunction, prior to any action in the cause 118 |
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162 | 162 | | by the court. 119 |
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163 | 163 | | [(g)] (h) A parent not granted custody of a minor child shall not be 120 |
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164 | 164 | | denied the right of access to the academic, medical, hospital or other 121 |
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165 | 165 | | health records of such minor child, unless otherwise ordered by the 122 |
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166 | 166 | | court for good cause shown. 123 |
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167 | 167 | | [(h)] (i) Notwithstanding the provisions of subsections (b) and (c) of 124 |
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168 | 168 | | this section, when a motion for modification of custody or visitation is 125 |
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169 | 169 | | pending before the court or has been decided by the court and the 126 |
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170 | 170 | | investigation ordered by the court pursuant to section 46b-6, as 127 |
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171 | 171 | | amended by this act, recommends psychiatric or psychological therapy 128 |
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172 | 172 | | for a child, and such therapy would, in the court's opinion, be in the 129 |
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173 | 173 | | best interests of the child and aid the child's response to a 130 |
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174 | 174 | | modification, the court may order such therapy and reserve judgment 131 |
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175 | 175 | | on the motion for modification. 132 |
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176 | 176 | | [(i)] (j) As part of a decision concerning custody or visitation, the 133 |
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177 | 177 | | court may order either parent or both of the parents and any child of 134 |
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178 | 178 | | such parents to participate in counseling and drug or alcohol 135 |
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179 | 179 | | screening, provided such participation is in the best interests of the 136 |
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180 | 180 | | child. 137 |
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181 | 181 | | Sec. 3. Section 46b-54 of the general statutes is repealed and the 138 |
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182 | 182 | | following is substituted in lieu thereof (Effective October 1, 2019): 139 |
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183 | 183 | | (a) The court may appoint counsel or a guardian ad litem for any 140 |
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184 | 184 | | minor child or children of either or both parties at any time after the 141 |
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185 | 185 | | return day of a complaint under section 46b-45, if the court deems it to 142 |
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186 | 186 | | be in the best interests of the child or children. The court may appoint 143 |
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187 | 187 | | counsel or a guardian ad litem on its own motion, or at the request of 144 |
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188 | 188 | | either of the parties or of the legal guardian of any child or at the 145 Raised Bill No. 7393 |
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189 | 189 | | |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | LCO No. 6440 6 of 13 |
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193 | 193 | | |
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194 | 194 | | request of any child who is of sufficient age and capable of making an 146 |
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195 | 195 | | intelligent request. 147 |
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196 | 196 | | (b) Counsel or a guardian ad litem for the minor child or children 148 |
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197 | 197 | | may also be appointed on the motion of the court or on the request of 149 |
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198 | 198 | | any person enumerated in subsection (a) of this section in any case 150 |
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199 | 199 | | before the court when the court finds that the custody, care, education, 151 |
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200 | 200 | | visitation or support of a minor child is in actual controversy, provided 152 |
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201 | 201 | | the court may make any order regarding a matter in controversy prior 153 |
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202 | 202 | | to the appointment of counsel or a guardian ad litem where it finds 154 |
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203 | 203 | | immediate action necessary in the best interests of any child. 155 |
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204 | 204 | | (c) In the absence of an agreement of the parties to the appointment 156 |
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205 | 205 | | of counsel or a guardian ad litem for a minor child in the parties' 157 |
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206 | 206 | | matter and a canvassing by the court concerning the terms of such 158 |
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207 | 207 | | agreement, the court shall only appoint such counsel or guardian ad 159 |
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208 | 208 | | litem under this section when, in the court's discretion, reasonable 160 |
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209 | 209 | | options and efforts to resolve a dispute of the parties concerning the 161 |
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210 | 210 | | custody, care, education, visitation or support of a minor child have 162 |
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211 | 211 | | been made. 163 |
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212 | 212 | | (d) If the court deems the appointment of counsel or a guardian ad 164 |
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213 | 213 | | litem for any minor child or children to be in the best interests of the 165 |
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214 | 214 | | child or children, such appointment shall be made in accordance with 166 |
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215 | 215 | | the provisions of section 46b-12. 167 |
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216 | 216 | | (e) Counsel or a guardian ad litem for the minor child or children 168 |
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217 | 217 | | shall be heard on all matters pertaining to the interests of any child, 169 |
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218 | 218 | | including the custody, care, support, education and visitation of the 170 |
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219 | 219 | | child, so long as the court deems such representation to be in the best 171 |
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220 | 220 | | interests of the child. To the extent practicable, when hearing from 172 |
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221 | 221 | | such counsel or guardian ad litem, the court shall permit such counsel 173 |
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222 | 222 | | or guardian ad litem to participate at the beginning of the matter, at 174 |
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223 | 223 | | the conclusion of the matter or at such other time the court deems 175 |
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224 | 224 | | appropriate so as to minimize legal fees incurred by the parties due to 176 |
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225 | 225 | | the participation of such counsel or guardian ad litem in the matter. 177 Raised Bill No. 7393 |
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226 | 226 | | |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | LCO No. 6440 7 of 13 |
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230 | 230 | | |
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231 | 231 | | Such counsel or guardian ad litem may be heard on a matter 178 |
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232 | 232 | | pertaining to a medical diagnosis or conclusion concerning a minor 179 |
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233 | 233 | | child made by a health care professional treating such child when (1) 180 |
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234 | 234 | | such counsel or guardian ad litem is in possession of a medical record 181 |
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235 | 235 | | or report of the treating health care professional that indicates or 182 |
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236 | 236 | | supports such medical diagnosis or conclusion; or (2) one or more 183 |
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237 | 237 | | parties have refused to cooperate in paying for or obtaining a medical 184 |
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238 | 238 | | record or report that contains the treating health care professional's 185 |
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239 | 239 | | medical diagnosis or conclusion. If the court deems it to be in the best 186 |
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240 | 240 | | interests of the minor child, such health care professional shall be 187 |
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241 | 241 | | heard on matters pertaining to the interests of any such child, 188 |
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242 | 242 | | including the custody, care, support, education and visitation of such 189 |
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243 | 243 | | child. 190 |
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244 | 244 | | (f) When recommending the entry of any order as provided in 191 |
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245 | 245 | | subsections (a) and (b) of section 46b-56, as amended by this act, 192 |
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246 | 246 | | counsel or a guardian ad litem for the minor child shall consider the 193 |
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247 | 247 | | best interests of the child, and in doing so shall consider, but not be 194 |
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248 | 248 | | limited to, one or more of the following factors: (1) The temperament 195 |
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249 | 249 | | and developmental needs of the child; (2) the capacity and the 196 |
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250 | 250 | | disposition of the parents to understand and meet the needs of the 197 |
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251 | 251 | | child; (3) any relevant and material information obtained from the 198 |
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252 | 252 | | child, including the informed preferences of the child; (4) the wishes of 199 |
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253 | 253 | | the child's parents as to custody; (5) the past and current interaction 200 |
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254 | 254 | | and relationship of the child with each parent, the child's siblings and 201 |
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255 | 255 | | any other person who may significantly affect the best interests of the 202 |
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256 | 256 | | child; [(6) the willingness and ability of each parent to facilitate and 203 |
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257 | 257 | | encourage such continuing parent-child relationship between the child 204 |
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258 | 258 | | and the other parent as is appropriate, including compliance with any 205 |
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259 | 259 | | court orders; (7)] (6) any manipulation by or coercive behavior of the 206 |
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260 | 260 | | parents in an effort to involve the child in the parents' dispute; [(8)] (7) 207 |
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261 | 261 | | the ability of each parent to be actively involved in the life of the child; 208 |
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262 | 262 | | [(9)] (8) the child's adjustment to his or her home, school and 209 |
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263 | 263 | | community environments; [(10)] (9) the length of time that the child 210 |
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264 | 264 | | has lived in a stable and satisfactory environment and the desirability 211 Raised Bill No. 7393 |
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265 | 265 | | |
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266 | 266 | | |
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267 | 267 | | |
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268 | 268 | | LCO No. 6440 8 of 13 |
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269 | 269 | | |
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270 | 270 | | of maintaining continuity in such environment, provided counsel or a 212 |
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271 | 271 | | guardian ad litem for the minor child may consider favorably a parent 213 |
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272 | 272 | | who voluntarily leaves the child's family home pendente lite in order 214 |
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273 | 273 | | to alleviate stress in the household; [(11)] (10) the stability of the child's 215 |
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274 | 274 | | existing or proposed residences, or both; [(12)] (11) the mental and 216 |
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275 | 275 | | physical health of all individuals involved, except that a disability of a 217 |
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276 | 276 | | proposed custodial parent or other party, in and of itself, shall not be 218 |
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277 | 277 | | determinative of custody unless the proposed custodial arrangement is 219 |
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278 | 278 | | not in the best interests of the child; [(13)] (12) the child's cultural 220 |
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279 | 279 | | background; [(14)] (13) the effect on the child of the actions of an 221 |
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280 | 280 | | abuser, if any domestic violence has occurred between the parents or 222 |
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281 | 281 | | between a parent and another individual or the child; [(15)] (14) 223 |
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282 | 282 | | whether the child or a sibling of the child has been abused or 224 |
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283 | 283 | | neglected, as defined respectively in section 46b-120; and [(16)] (15) 225 |
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284 | 284 | | whether a party satisfactorily completed participation in a parenting 226 |
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285 | 285 | | education program established pursuant to section 46b-69b. Counsel or 227 |
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286 | 286 | | a guardian ad litem for the minor child shall not be required to assign 228 |
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287 | 287 | | any weight to any of the factors considered. 229 |
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288 | 288 | | (g) There shall be a rebuttable presumption that a parent is not 230 |
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289 | 289 | | acting in the best interests of a child when such parent's conduct 231 |
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290 | 290 | | evidences an unwillingness or inability to (1) facilitate and encourage 232 |
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291 | 291 | | the other parent's relationship with the child, as is appropriate under 233 |
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292 | 292 | | the circumstances, or (2) comply with court orders that seek to 234 |
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293 | 293 | | facilitate and encourage such relationship. 235 |
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294 | 294 | | Sec. 4. Section 46b-6 of the general statutes is repealed and the 236 |
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295 | 295 | | following is substituted in lieu thereof (Effective October 1, 2019): 237 |
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296 | 296 | | (a) In any pending family relations matter the court [or any judge 238 |
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297 | 297 | | may cause] may order an investigation, evaluation or study to be made 239 |
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298 | 298 | | with respect to any circumstance of the matter which may be helpful 240 |
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299 | 299 | | or material or relevant to a proper disposition of the case. Such 241 |
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300 | 300 | | investigation, evaluation or study may include an examination of the 242 |
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301 | 301 | | parentage and surroundings of any child, his age, habits and history, 243 |
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302 | 302 | | inquiry into the home conditions, habits and character of his parents or 244 Raised Bill No. 7393 |
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303 | 303 | | |
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304 | 304 | | |
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305 | 305 | | |
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306 | 306 | | LCO No. 6440 9 of 13 |
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307 | 307 | | |
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308 | 308 | | guardians and evaluation of his mental or physical condition. In any 245 |
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309 | 309 | | action for dissolution of marriage, legal separation or annulment of 246 |
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310 | 310 | | marriage such investigation, evaluation or study may include an 247 |
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311 | 311 | | examination into the age, habits and history of the parties, the causes 248 |
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312 | 312 | | of marital discord and the financial ability of the parties to furnish 249 |
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313 | 313 | | support to either spouse or any dependent child. 250 |
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314 | 314 | | (b) A report with respect to any investigation, evaluation or study, 251 |
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315 | 315 | | undertaken pursuant to subsection (a) of this section by an individual 252 |
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316 | 316 | | who is not an employee of the Judicial Department, shall be completed 253 |
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317 | 317 | | and filed with the court not later than one hundred twenty days after 254 |
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318 | 318 | | the date on which the court ordered such investigation, evaluation or 255 |
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319 | 319 | | study, unless the court enters a finding on the record that 256 |
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320 | 320 | | extraordinary circumstances warrant an extended period of time for 257 |
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321 | 321 | | the completion and filing of the report with respect to such 258 |
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322 | 322 | | investigation, evaluation or study. Upon the filing of such report, the 259 |
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323 | 323 | | court shall not order that a further investigation, evaluation or study 260 |
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324 | 324 | | be undertaken within the twelve-month period following the date on 261 |
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325 | 325 | | which the report was filed, unless the court enters a finding on the 262 |
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326 | 326 | | record that extraordinary circumstances necessitate that further 263 |
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327 | 327 | | investigation, evaluation or study be undertaken. 264 |
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328 | 328 | | (c) If the court orders that an investigation, evaluation or study be 265 |
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329 | 329 | | undertaken in any controversy involving the custody or care of a 266 |
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330 | 330 | | minor child, absent agreement of the parties, the court shall enter a 267 |
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331 | 331 | | finding on the record articulating the reasoning for undertaking such 268 |
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332 | 332 | | investigation, evaluation or study. 269 |
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333 | 333 | | (d) Whenever an investigation, evaluation or study has been 270 |
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334 | 334 | | ordered by the court pursuant to subsection (a) of this section, the case 271 |
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335 | 335 | | shall not be disposed of until a report with respect to such 272 |
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336 | 336 | | investigation, evaluation or study has been filed in accordance with 273 |
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337 | 337 | | this section, and counsel and the parties have had a reasonable 274 |
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338 | 338 | | opportunity to examine such report prior to the date on which the case 275 |
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339 | 339 | | is to be heard, unless the court orders that the case be heard before the 276 |
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340 | 340 | | report is filed. Unless otherwise permitted to do so by the court, 277 Raised Bill No. 7393 |
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341 | 341 | | |
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342 | 342 | | |
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343 | 343 | | |
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344 | 344 | | LCO No. 6440 10 of 13 |
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345 | 345 | | |
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346 | 346 | | counsel for the parties, including any guardian ad litem, and any self-278 |
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347 | 347 | | represented parties shall not initiate contact with the individual who is 279 |
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348 | 348 | | undertaking the investigation, evaluation or study until such 280 |
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349 | 349 | | individual files a report in accordance with subsection (b) of this 281 |
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350 | 350 | | section. 282 |
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351 | 351 | | Sec. 5. Section 46b-6a of the general statutes is repealed and the 283 |
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352 | 352 | | following is substituted in lieu thereof (Effective October 1, 2019): 284 |
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353 | 353 | | (a) In a family relations matter, as defined in section 46b-1, if a court 285 |
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354 | 354 | | orders that a parent undergo treatment from a qualified, licensed 286 |
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355 | 355 | | health care provider, the court shall permit the parent to select a 287 |
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356 | 356 | | qualified, licensed health care provider to provide such treatment. 288 |
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357 | 357 | | (b) In a family relations matter, as defined in section 46b-1, if a court 289 |
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358 | 358 | | orders that a child undergo treatment from a qualified, licensed health 290 |
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359 | 359 | | care provider, the court shall permit the parent or legal guardian of 291 |
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360 | 360 | | such child to select a qualified, licensed health care provider to provide 292 |
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361 | 361 | | such treatment. Except in a case where one of the parents has been 293 |
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362 | 362 | | awarded sole custody, if both parents do not agree on the selection of a 294 |
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363 | 363 | | qualified, licensed health care provider to provide such treatment to a 295 |
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364 | 364 | | child, the court shall continue the matter for two weeks to allow the 296 |
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365 | 365 | | parents an opportunity to jointly select a qualified, licensed health care 297 |
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366 | 366 | | provider. If after the two-week period, the parents have not reached an 298 |
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367 | 367 | | agreement on the selection of a qualified, licensed health care provider, 299 |
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368 | 368 | | the court shall select such provider after giving due consideration to 300 |
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369 | 369 | | the health insurance coverage and financial resources available to such 301 |
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370 | 370 | | parents. 302 |
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371 | 371 | | (c) (1) In a family relations matter, as defined in section 46b-1, if the 303 |
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372 | 372 | | parties agree or if a court orders that a parent or child undergo an 304 |
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373 | 373 | | evaluation from a qualified, licensed health care provider, the court 305 |
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374 | 374 | | shall first make a finding that the parties have the financial resources 306 |
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375 | 375 | | to pay for such evaluation. 307 |
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376 | 376 | | (2) If the court has determined that an evaluation can be undertaken 308 |
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377 | 377 | | and a qualified, licensed health care provider has been selected to 309 Raised Bill No. 7393 |
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378 | 378 | | |
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379 | 379 | | |
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380 | 380 | | |
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381 | 381 | | LCO No. 6440 11 of 13 |
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382 | 382 | | |
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383 | 383 | | perform the evaluation, the court's order for an evaluation shall 310 |
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384 | 384 | | contain the name of each provider who is to undertake the evaluation, 311 |
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385 | 385 | | the estimated cost of the evaluation, each party's responsibility for the 312 |
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386 | 386 | | cost of the evaluation, the professional credentials of each provider 313 |
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387 | 387 | | and the estimated deadline by which such evaluation shall be 314 |
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388 | 388 | | completed and submitted to the court. 315 |
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389 | 389 | | (3) Not later than thirty days after the date of completion of such 316 |
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390 | 390 | | evaluation, the provider shall (A) file a report containing the results of 317 |
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391 | 391 | | the evaluation with the clerk of the court, who shall seal such report, 318 |
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392 | 392 | | and (B) unless otherwise ordered by the court, provide a copy of such 319 |
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393 | 393 | | report to counsel of record, including any guardian ad litem and any 320 |
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394 | 394 | | self-represented parties. Unless otherwise permitted by the court, 321 |
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395 | 395 | | counsel of record, including any guardian ad litem and any self-322 |
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396 | 396 | | represented parties shall not provide or otherwise disclose such report 323 |
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397 | 397 | | to any other person, except that counsel to the plaintiff or the 324 |
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398 | 398 | | defendant in the action may provide a copy of the report to his or her 325 |
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399 | 399 | | client. 326 |
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400 | 400 | | Sec. 6. (NEW) (Effective October 1, 2019) (a) As used in this section, 327 |
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401 | 401 | | "personal identifying information" means: An individual's date of 328 |
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402 | 402 | | birth; mother's maiden name; motor vehicle operator's license number; 329 |
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403 | 403 | | Social Security number; other government-issued identification 330 |
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404 | 404 | | number, except for juris, license, permit or other business-related 331 |
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405 | 405 | | identification numbers that are otherwise made available to the public 332 |
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406 | 406 | | directly by any government agency or entity; health insurance 333 |
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407 | 407 | | identification number; or any financial account number, security code 334 |
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408 | 408 | | or personal identification number. "Personal identifying information" 335 |
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409 | 409 | | does not include a person's name unless a judicial authority has 336 |
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410 | 410 | | entered an order allowing the use of a pseudonym in place of the name 337 |
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411 | 411 | | of a party, in which case a person's name is included in the definition 338 |
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412 | 412 | | "personal identifying information". 339 |
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413 | 413 | | (b) Any person filing a document with the court, whether in an 340 |
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414 | 414 | | electronic or paper format, that includes personal identifying 341 |
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415 | 415 | | information shall redact any such information contained in the 342 Raised Bill No. 7393 |
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416 | 416 | | |
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417 | 417 | | |
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418 | 418 | | |
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419 | 419 | | LCO No. 6440 12 of 13 |
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420 | 420 | | |
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421 | 421 | | document, unless otherwise required by law or ordered by the court. 343 |
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422 | 422 | | The party filing the redacted document shall retain the original, 344 |
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423 | 423 | | unredacted document throughout the pendency of the action, any 345 |
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424 | 424 | | appeal period and any applicable appellate process. 346 |
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425 | 425 | | (c) The person filing the document shall be solely responsible for 347 |
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426 | 426 | | omitting or redacting personal identifying information. The court or 348 |
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427 | 427 | | the clerk of the court shall not be responsible for reviewing any filed 349 |
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428 | 428 | | document to ensure compliance with the provisions of this section. 350 |
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429 | 429 | | Sec. 7. (NEW) (Effective July 1, 2019) (a) Notwithstanding the 351 |
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430 | 430 | | provisions of sections 46b-12, 46b-62, 51-296 and 51-296a of the general 352 |
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431 | 431 | | statutes, on and after January 1, 2020, in any family relations matter, as 353 |
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432 | 432 | | described in section 46b-1 of the general statutes, in which the court 354 |
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433 | 433 | | orders that a guardian ad litem be appointed on behalf of a minor 355 |
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434 | 434 | | child, the Division of Public Defender Services shall be solely 356 |
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435 | 435 | | responsible for the assignment of the guardian ad litem in such matter. 357 |
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436 | 436 | | (b) The Division of Public Defender Services shall: (1) Prescribe a 358 |
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437 | 437 | | uniform fee agreement applicable to the assignment of a guardian ad 359 |
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438 | 438 | | litem to a family relations matter under this section; and (2) develop 360 |
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439 | 439 | | and implement a methodology for calculating, on a sliding-scale basis, 361 |
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440 | 440 | | the fees due and owing from a person who is not indigent to the 362 |
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441 | 441 | | guardian ad litem assigned to a matter under this section. The 363 |
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442 | 442 | | maximum fee payable to a guardian ad litem pursuant to this section 364 |
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443 | 443 | | shall not exceed the fee prescribed by the Judicial Branch under section 365 |
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444 | 444 | | 46b-62 of the general statutes for a couple with a gross combined 366 |
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445 | 445 | | income of one hundred thousand dollars. 367 |
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446 | 446 | | (c) The Division of Public Defender Services may assess an 368 |
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447 | 447 | | administrative fee to be paid by any person who is not indigent and 369 |
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448 | 448 | | who is assigned a guardian ad litem under the provisions of this 370 |
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449 | 449 | | section. Any administrative fees collected by the Division of Public 371 |
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450 | 450 | | Defender Services pursuant to this subsection shall be used by said 372 |
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451 | 451 | | division to defray costs incurred in connection with the administration 373 |
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452 | 452 | | of this section. 374 Raised Bill No. 7393 |
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453 | 453 | | |
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454 | 454 | | |
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455 | 455 | | |
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456 | 456 | | LCO No. 6440 13 of 13 |
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457 | 457 | | |
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458 | 458 | | This act shall take effect as follows and shall amend the following |
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459 | 459 | | sections: |
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460 | 460 | | |
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461 | 461 | | Section 1 October 1, 2019 46b-87 |
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462 | 462 | | Sec. 2 October 1, 2019 46b-56 |
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463 | 463 | | Sec. 3 October 1, 2019 46b-54 |
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464 | 464 | | Sec. 4 October 1, 2019 46b-6 |
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465 | 465 | | Sec. 5 October 1, 2019 46b-6a |
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466 | 466 | | Sec. 7 July 1, 2019 New section |
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467 | 467 | | |
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468 | 468 | | Statement of Purpose: |
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469 | 469 | | To make revisions to various statutes relating to court proceedings that |
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470 | 470 | | concern family relations matters. |
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471 | 471 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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472 | 472 | | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
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473 | 473 | | not underlined.] |
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474 | 474 | | |
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