Connecticut 2019 Regular Session

Connecticut Senate Bill SB00938 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 4678 1 of 5
4	4
5	5	General Assembly Raised Bill No. 938
6	6	January Session, 2019
7	7	LCO No. 4678
8	8
9	9
10	10	Referred to Committee on JUDICIARY
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12	12
13	13	Introduced by:
14	14	(JUD)
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17	17
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19	19	AN ACT CONCERNING ST ATE AGENCY COMPLIANCE WITH
20	20	PROBATE COURT ORDERS .
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. (NEW) (Effective October 1, 2019) (a) Each state agency that 1
25	25	is a party to a Probate Court proceeding shall recognize, apply and 2
26	26	enforce any order, denial or decree of a Probate Court that is 3
27	27	applicable to any determination made by the state agency in a 4
28	28	contested case. Any party aggrieved by an order, denial or decree of a 5
29	29	Probate Court that is applicable to such a determination may appeal 6
30	30	therefrom to the Superior Court in accordance with section 45a-186 of 7
31	31	the general statutes, as amended by this act. 8
32	32	(b) For the purposes of this section, "state agency" means an agency, 9
33	33	as defined in section 4-166 of the general statutes, and "contested case" 10
34	34	has the same meaning as provided in section 4-166 of the general 11
35	35	statutes. 12
36	36	Sec. 2. Section 45a-186 of the general statutes is repealed and the 13
37	37	following is substituted in lieu thereof (Effective October 1, 2019): 14 Raised Bill No. 938
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40	40
41	41	LCO No. 4678 2 of 5
42	42
43	43	(a) Except as provided in sections 45a-187 and 45a-188, any person 15
44	44	aggrieved by any order, denial or decree of a Probate Court in any 16
45	45	matter, unless otherwise specially provided by law, may, not later than 17
46	46	forty-five days after the mailing of an order, denial or decree for a 18
47	47	matter heard under any provision of section 45a-593, 45a-594, 45a-595 19
48	48	or 45a-597, sections 45a-644 to 45a-677, inclusive, or sections 45a-690 to 20
49	49	[45a-705] 45a-705a, inclusive, and not later than thirty days after 21
50	50	mailing of an order, denial or decree for any other matter in a Probate 22
51	51	Court, appeal therefrom to the Superior Court. Such an appeal shall be 23
52	52	commenced by filing a complaint in the superior court in the judicial 24
53	53	district in which such Probate Court is located, or, if the Probate Court 25
54	54	is located in a probate district that is in more than one judicial district, 26
55	55	by filing a complaint in a superior court that is located in a judicial 27
56	56	district in which any portion of the probate district is located, except 28
57	57	that (1) an appeal under subsection (b) of section 12-359, subsection (b) 29
58	58	of section 12-367, [or] subsection (b) of section 12-395 or section 1 of 30
59	59	this act shall be filed in the judicial district of Hartford, and (2) an 31
60	60	appeal in a matter concerning removal of a parent as guardian, 32
61	61	termination of parental rights or adoption shall be filed in any superior 33
62	62	court for juvenile matters having jurisdiction over matters arising in 34
63	63	any town within such probate district. The complaint shall state the 35
64	64	reasons for the appeal. A copy of the order, denial or decree appealed 36
65	65	from shall be attached to the complaint. Appeals from any decision 37
66	66	rendered in any case after a recording is made of the proceedings 38
67	67	under section 17a-498, 17a-543, 17a-543a or 17a-685, sections 45a-644 to 39
68	68	45a-667v, inclusive, or section 51-72 or 51-73 shall be on the record and 40
69	69	shall not be a trial de novo. 41
70	70	(b) Each person who files an appeal pursuant to this section shall 42
71	71	serve a copy of the complaint on each interested party. The failure of 43
72	72	any person to make such service shall not deprive the Superior Court 44
73	73	of jurisdiction over the appeal. Notwithstanding the provisions of 45
74	74	section 52-50, service of the copy of the complaint shall be by state 46
75	75	marshal, constable or an indifferent person. Service shall be in hand or 47
76	76	by leaving a copy at the place of residence of the interested party being 48 Raised Bill No. 938
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78	78
79	79
80	80	LCO No. 4678 3 of 5
81	81
82	82	served or at the address for the interested party on file with the 49
83	83	Probate Court, except that service on a respondent or conserved 50
84	84	person in an appeal from an action under part IV of chapter 802h shall 51
85	85	be in hand by a state marshal, constable or an indifferent person. 52
86	86	(c) In addition to the notice given under subsection (b) of this 53
87	87	section, each person who files an appeal pursuant to this section shall 54
88	88	mail a copy of the complaint to the Probate Court that rendered the 55
89	89	order, denial or decree appealed from. The Probate Court and the 56
90	90	judge of probate that rendered the order, denial or decree appealed 57
91	91	from shall not be made parties to the appeal and shall not be named in 58
92	92	the complaint as parties. 59
93	93	(d) Not later than fifteen days after a person files an appeal under 60
94	94	this section, the person who filed the appeal shall file or cause to be 61
95	95	filed with the clerk of the Superior Court a document containing (1) the 62
96	96	name, address and signature of the person making service, and (2) a 63
97	97	statement of the date and manner in which a copy of the complaint 64
98	98	was served on each interested party and mailed to the Probate Court 65
99	99	that rendered the order, denial or decree appealed from. 66
100	100	(e) If service has not been made on an interested party, the Superior 67
101	101	Court, on motion, shall make such orders of notice of the appeal as are 68
102	102	reasonably calculated to notify any necessary party not yet served. 69
103	103	(f) A hearing in an appeal from probate proceedings under section 70
104	104	17a-77, 17a-80, 17a-498, 17a-510, 17a-511, 17a-543, 17a-543a, 17a-685, 71
105	105	45a-650, 45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, 45a-699, 72
106	106	45a-703, [or] 45a-717 or section 1 of this act shall commence, unless a 73
107	107	stay has been issued pursuant to subsection (g) of this section, not later 74
108	108	than ninety days after the appeal has been filed. 75
109	109	(g) The filing of an appeal under this section shall not, of itself, stay 76
110	110	enforcement of the order, denial or decree from which the appeal is 77
111	111	taken. A motion for a stay may be made to the Probate Court or the 78
112	112	Superior Court. The filing of a motion with the Probate Court shall not 79
113	113	preclude action by the Superior Court. 80 Raised Bill No. 938
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116	116
117	117	LCO No. 4678 4 of 5
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119	119	(h) Nothing in this section shall prevent any person aggrieved by 81
120	120	any order, denial or decree of a Probate Court in any matter, unless 82
121	121	otherwise specially provided by law, from filing a petition for a writ of 83
122	122	habeas corpus, a petition for termination of involuntary representation 84
123	123	or a petition for any other available remedy. 85
124	124	(i) (1) Except for matters described in subdivision (3) of this 86
125	125	subsection, in any appeal filed under this section, the appeal may be 87
126	126	referred by the Superior Court to a special assignment probate judge 88
127	127	appointed in accordance with section 45a-79b, who is assigned by the 89
128	128	Probate Court Administrator for the purposes of such appeal, except 90
129	129	that such appeal shall be heard by the Superior Court if any party files 91
130	130	a demand for such hearing in writing with the Superior Court not later 92
131	131	than twenty days after service of the appeal. 93
132	132	(2) An appeal referred to a special assignment probate judge 94
133	133	pursuant to this subsection shall proceed in accordance with the rules 95
134	134	for references set forth in the rules of the judges of the Superior Court. 96
135	135	(3) The following matters shall not be referred to a special 97
136	136	assignment probate judge pursuant to this subsection: Appeals (A) 98
137	137	under sections 17a-75 to 17a-83, inclusive, section 17a-274, sections 17a-99
138	138	495 to 17a-528, inclusive, sections 17a-543, 17a-543a, 17a-685 to 17a-688, 100
139	139	inclusive, and section 1 of this act, (B) of children's matters, as defined 101
140	140	in subsection (a) of section 45a-8a, (C) under sections 45a-644 to 45a-102
141	141	663, inclusive, [45a-668] 45a-669 to 45a-683, inclusive, and 45a-690 to 103
142	142	45a-700, inclusive, and (D) of any matter in a Probate Court heard on 104
143	143	the record in accordance with sections 51-72 and 51-73. 105
144	144	This act shall take effect as follows and shall amend the following
145	145	sections:
146	146
147	147	Section 1 October 1, 2019 New section
148	148	Sec. 2 October 1, 2019 45a-186
149	149	Raised Bill No. 938
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151	151
152	152
153	153	LCO No. 4678 5 of 5
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155	155	Statement of Purpose:
156	156	To require each state agency to follow any order, denial or decree of a
157	157	Probate Court that is applicable to a determination made by the state
158	158	agency, and clarify that a state agency has standing to appeal any such
159	159	order, denial or decree to the Superior Court with respect to such
160	160	order's applicability to the state agency's determination.
161	161	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
162	162	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
163	163	not underlined.]
164	164