Connecticut 2019 Regular Session

Connecticut Senate Bill SB00942 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	SB.docx
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	3	+	LCO No. 4775 1 of 10
6	4
7		-	General Assembly ~~Substitute~~ Bill No. 942
	5	+	General Assembly Raised Bill No. 942
8	6		January Session, 2019
	7	+	LCO No. 4775
	8	+
	9	+
	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
	15	+
9	16
10	17
11	18
12	19		AN ACT CONCERNING TH E OPENING OR SETTING ASIDE OF A
13	20		PATERNITY JUDGMENT.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. Subsection (b) of section 46b-171 of the general statutes is 1
18	25		repealed and the following is substituted in lieu thereof (Effective 2
19	26		October 1, 2019): 3
20	27		(b) (1) Except as provided in subdivisions (2) and (3) of this 4
21	28		subsection, a judgment of paternity entered by the Superior Court or 5
22	29		family support magistrate pursuant to this chapter may not be opened 6
23	30		or set aside unless a motion to open or set aside is filed not later than 7
24	31		four months after the date on which the judgment was entered, and 8
25	32		only upon a showing of reasonable cause, or that a valid defense to the 9
26	33		petition for a judgment of paternity existed, in whole or in part, at the 10
27	34		time judgment was rendered, and that the person seeking to open or 11
28	35		set aside the judgment was prevented by mistake, accident or other 12
29	36		reasonable cause from making a valid defense. The court or a family 13
30	37		support magistrate may not order genetic testing to determine 14
31		-	paternity unless such court or magistrate determines that the person 15
	38	+	paternity unless such court or magistrate determines that the person 15 Raised Bill No. 942
	39	+
	40	+
	41	+
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	43	+
32	44		seeking to open or set aside the judgment of paternity pursuant to this 16
33	45		subdivision has made such a showing of reasonable cause or 17
34		-	established the existence of a ~~valid~~ defense. 18
	46	+	established the existence of a good defense. 18
35	47		(2) The Superior Court or a family support magistrate may consider 19
36		-	a motion to open or set aside a judgment of paternity filed more than 20 Substitute Bill No. 942
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	48	+	a motion to open or set aside a judgment of paternity filed more than 20
43	49		four months after such judgment was entered if such court or 21
44	50		magistrate determines that the judgment was entered due to fraud, 22
45	51		duress or material mistake of fact, with the burden of proof on the 23
46	52		person seeking to open or set aside such judgment. A court or family 24
47	53		support magistrate may not order genetic testing to determine 25
48	54		paternity unless such court or magistrate determines that the person 26
49	55		seeking to open or set aside the judgment of paternity under this 27
50	56		subdivision has met such burden. 28
51	57		(3) If the court or family support magistrate, as the case may be, 29
52	58		determines that the person seeking to open or set aside a judgment of 30
53	59		paternity under subdivision (2) of this subsection has met his or her 31
54	60		burden of demonstrating fraud, duress or material mistake of fact, 32
55	61		such court or magistrate shall set aside the judgment only upon 33
56	62		determining that doing so is in the best interest of the child. In 34
57	63		evaluating the best interest of the child, the court or magistrate may 35
58	64		consider, but shall not be limited to, the following factors: 36
59	65		(A) Any genetic information available to the court or family support 37
60	66		magistrate concerning paternity; 38
61	67		(B) The past relationship between the child and (i) the person 39
62	68		previously adjudged father of the child, and (ii) such person's family; 40
63	69		(C) The child's future interests in knowing the identity of his or her 41
64	70		biological father; 42
65	71		(D) The child's potential emotional and financial support from his or 43
66	72		her biological father; and 44
67		-	(E) Any potential harm the child may suffer by disturbing the 45
	73	+	(E) Any potential harm the child may suffer by disturbing the 45 Raised Bill No. 942
	74	+
	75	+
	76	+
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	78	+
68	79		judgment of paternity, including loss of a parental relationship and 46
69	80		loss of financial support. 47
70	81		(4) During the pendency of any motion to open or set aside a 48
71	82		judgment of paternity filed pursuant to this subsection, any 49
72		-	responsibilities arising from such earlier judgment shall continue, 50 Substitute Bill No. 942
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	83	+	responsibilities arising from such earlier judgment shall continue, 50
79	84		except for good cause shown. 51
80	85		[(b)] (5) Whenever the Superior Court or family support magistrate 52
81		-	[reopens] opens a judgment of paternity [entered] pursuant to this 53
	86	+	[reopens] opens a judgment of paternity entered pursuant to this 53
82	87		[section] subsection in which (A) a person was found to be the father of 54
83	88		a child who is or has been supported by the state, and (B) the court or 55
84	89		family support magistrate finds that the person adjudicated the father 56
85	90		is not the father of the child, the Department of Social Services shall 57
86	91		refund to such person any money paid to the state by such person 58
87	92		during the period such child was supported by the state. 59
88	93		Sec. 2. Subsection (a) of section 46b-172 of the general statutes is 60
89	94		repealed and the following is substituted in lieu thereof (Effective 61
90	95		October 1, 2019): 62
91	96		(a) (1) In lieu of or in conclusion of proceedings under section 46b-63
92	97		160, a written acknowledgment of paternity executed and sworn to by 64
93	98		the putative father of the child when accompanied by (A) an attested 65
94	99		waiver of the right to a blood test, the right to a trial and the right to an 66
95	100		attorney, (B) a written affirmation of paternity executed and sworn to 67
96	101		by the mother of the child, and (C) if the person subject to the 68
97	102		acknowledgment of paternity is an adult eighteen years of age or 69
98	103		older, a notarized affidavit affirming consent to the voluntary 70
99	104		acknowledgment of paternity, shall have the same force and effect as a 71
100	105		judgment of the Superior Court. It shall be considered a legal finding 72
101	106		of paternity without requiring or permitting judicial ratification, and 73
102	107		shall be binding on the person executing the same whether such 74
103	108		person is an adult or a minor, subject to subdivision (2) of this 75
104	109		subsection. Such acknowledgment shall not be binding unless, prior to 76
105		-	the signing of any affirmation or acknowledgment of paternity, the 77
	110	+	the signing of any affirmation or acknowledgment of paternity, the 77 Raised Bill No. 942
	111	+
	112	+
	113	+
	114	+	LCO No. 4775 4 of 10
	115	+
106	116		mother and the putative father are given oral and written notice of the 78
107	117		alternatives to, the legal consequences of, and the rights and 79
108	118		responsibilities that arise from signing such affirmation or 80
109	119		acknowledgment. The notice to the mother shall include, but shall not 81
110	120		be limited to, notice that the affirmation of paternity may result in 82
111		-	rights of custody and visitation, as well as a duty of support, in the 83 Substitute Bill No. 942
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	121	+	rights of custody and visitation, as well as a duty of support, in the 83
118	122		person named as father. The notice to the putative father shall include, 84
119	123		but not be limited to, notice that such father has the right to contest 85
120	124		paternity, including the right to appointment of counsel, a genetic test 86
121	125		to determine paternity and a trial by the Superior Court or a family 87
122	126		support magistrate and that acknowledgment of paternity will make 88
123	127		such father liable for the financial support of the child until the child's 89
124	128		eighteenth birthday. In addition, the notice shall inform the mother 90
125	129		and the father that DNA testing may be able to establish paternity with 91
126	130		a high degree of accuracy and may, under certain circumstances, be 92
127	131		available at state expense. The notices shall also explain the right to 93
128	132		rescind the acknowledgment, as set forth in subdivision (2) of this 94
129	133		subsection, including the address where such notice of rescission 95
130	134		should be sent, and shall explain that the acknowledgment cannot be 96
131	135		challenged after sixty days, except in court upon a showing of fraud, 97
132	136		duress or material mistake of fact. 98
133	137		(2) The mother and the acknowledged father shall have the right to 99
134	138		rescind such affirmation or acknowledgment in writing within the 100
135	139		earlier of (A) sixty days, or (B) the date of an agreement to support 101
136	140		such child approved in accordance with subsection (b) of this section 102
137	141		or an order of support for such child entered in a proceeding under 103
138	142		subsection (c) of this section. 104
139	143		(3) (A) An acknowledgment executed in accordance with 105
140	144		subdivision (1) of this subsection may be challenged in court or before 106
141	145		a family support magistrate after the rescission period only on the 107
142	146		basis of fraud, duress or material mistake of fact which may include 108
143	147		evidence that he is not the father, with the burden of proof upon the 109
144	148		challenger. A court or family support magistrate may not order genetic 110
145		-	testing to determine paternity unless the court or magistrate, as the 111
	149	+	testing to determine paternity unless the court or magistrate, as the 111 Raised Bill No. 942
	150	+
	151	+
	152	+
	153	+	LCO No. 4775 5 of 10
	154	+
146	155		case may be, determines that the challenger has met such burden. 112
147	156		(B) If the court or family support magistrate, as the case may be, 113
148	157		determines that the challenger has met his or her burden under 114
149	158		subparagraph (A) of this subdivision, the acknowledgment of 115
150		-	paternity shall be set aside only if such court or magistrate determines 116 Substitute Bill No. 942
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	159	+	paternity shall be set aside only if such court or magistrate determines 116
157	160		that doing so is in the best interest of the child. In evaluating the best 117
158	161		interest of the child, the court or magistrate may consider, but shall not 118
159	162		be limited to, the following factors: 119
160	163		(i) Any genetic information available to the court concerning 120
161	164		paternity; 121
162	165		(ii) The past relationship between the child and (I) the person who 122
163	166		executed an acknowledgment of paternity, and (II) such person's 123
164	167		family; 124
165	168		(iii) The child's future interests in knowing the identity of his or her 125
166	169		biological father; 126
167	170		(iv) The child's potential emotional and financial support from his 127
168	171		or her biological father; and 128
169	172		(v) Any potential harm the child may suffer by disturbing the 129
170	173		acknowledgment of paternity, including loss of a parental relationship 130
171	174		and loss of financial support. 131
172	175		(C) During the pendency of any [such] challenge to a previous 132
173	176		acknowledgment of paternity, any responsibilities arising from such 133
174	177		acknowledgment shall continue except for good cause shown. 134
175	178		[(3)] (4) All written notices, waivers, affirmations and 135
176	179		acknowledgments required under subdivision (1) of this subsection, 136
177	180		and rescissions authorized under subdivision (2) of this subsection, 137
178	181		shall be on forms prescribed by the Department of Public Health, 138
179	182		provided such acknowledgment form includes the minimum 139
180	183		requirements specified by the Secretary of the United States 140
181		-	Department of Health and Human Services. All acknowledgments and 141
	184	+	Department of Health and Human Services. All acknowledgments and 141 Raised Bill No. 942
	185	+
	186	+
	187	+
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	189	+
182	190		rescissions executed in accordance with this subsection shall be filed in 142
183	191		the paternity registry established and maintained by the Department 143
184	192		of Public Health under section 19a-42a. 144
185		-	[(4)] (5) An acknowledgment of paternity signed in any other state 145 Substitute Bill No. 942
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	193	+	[(4)] (5) An acknowledgment of paternity signed in any other state 145
192	194		according to its procedures shall be given full faith and credit by this 146
193	195		state. 147
194	196		Sec. 3. Section 46b-172a of the general statutes is repealed and the 148
195	197		following is substituted in lieu thereof (Effective October 1, 2019): 149
196	198		(a) Any person claiming to be the father of a child who was born out 150
197	199		of wedlock and for whom paternity has not yet been established may 151
198	200		file a claim for paternity with the Probate Court for the district in 152
199	201		which either the mother or the child resides, on forms provided by 153
200	202		such court. The claim may be filed at any time during the life of the 154
201	203		child, whether before, on or after the date the child reaches the age of 155
202	204		eighteen, or after the death of the child, but not later than sixty days 156
203	205		after the date of notice under section 45a-716. The claim shall contain 157
204	206		the claimant's name and address, the name and last-known address of 158
205	207		the mother and the month and year of the birth or expected birth of the 159
206	208		child. Not later than five days after the filing of a claim for paternity, 160
207	209		the court shall cause a certified copy of such claim to be served upon 161
208	210		the mother or prospective mother of such child by personal service or 162
209	211		service at her usual place of abode, and to the Attorney General by first 163
210	212		class mail. The Attorney General may file an appearance and shall be 164
211	213		and remain a party to the action if the child is receiving or has received 165
212	214		aid or care from the state, or if the child is receiving child support 166
213	215		enforcement services, as defined in subdivision (2) of subsection (b) of 167
214	216		section 46b-231. The claim for paternity shall be admissible in any 168
215	217		action for paternity under section 46b-160, and shall estop the claimant 169
216	218		from denying his paternity of such child and shall contain language 170
217	219		that he acknowledges liability for contribution to the support and 171
218	220		education of the child after the child's birth and for contribution to the 172
219		-	pregnancy-related medical expenses of the mother. 173
	221	+	pregnancy-related medical expenses of the mother. 173 Raised Bill No. 942
	222	+
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	224	+
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220	227		(b) If a claim for paternity is filed by the father of any minor child 174
221	228		who was born out of wedlock, the Probate Court shall schedule a 175
222	229		hearing on such claim, send notice of the hearing to all parties 176
223		-	involved and proceed accordingly. 177 Substitute Bill No. 942
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	230	+	involved and proceed accordingly. 177
230	231		(c) The child shall be made a party to the action and shall be 178
231	232		represented by a guardian ad litem appointed by the court in 179
232	233		accordance with section 45a-708. Payment shall be made in accordance 180
233	234		with such section from funds appropriated to the Judicial Department, 181
234	235		except that, if funds have not been included in the budget of the 182
235	236		Judicial Department for such purposes, such payment shall be made 183
236	237		from the Probate Court Administration Fund. 184
237	238		(d) In the event that the mother or the claimant father is a minor, the 185
238	239		court shall appoint a guardian ad litem to represent him or her in 186
239	240		accordance with the provisions of section 45a-708. Payment shall be 187
240	241		made in accordance with said section from funds appropriated to the 188
241	242		Judicial Department, except that, if funds have not been included in 189
242	243		the budget of the Judicial Department for such purposes, such 190
243	244		payment shall be made from the Probate Court Administration Fund. 191
244	245		(e) By filing a claim under this section, the putative father submits to 192
245	246		the jurisdiction of the Probate Court. 193
246	247		(f) Once alleged parental rights of the father have been adjudicated 194
247	248		in his favor under subsection (b) of this section, or acknowledged as 195
248	249		provided for under section 46b-172, as amended by this act, his rights 196
249	250		and responsibilities shall be equivalent to those of the mother, 197
250	251		including those rights defined under section 45a-606. Thereafter, 198
251	252		disputes involving custody, visitation or support shall be transferred 199
252	253		to the Superior Court under chapter 815j, except that the Probate Court 200
253	254		may enter a temporary order for custody, visitation or support until an 201
254	255		order is entered by the Superior Court. 202
255	256		(g) Failing perfection of parental rights as prescribed by this section, 203
256	257		any person claiming to be the father of a child who was born out of 204
257		-	wedlock (1) who has not been adjudicated the father of such child by a 205
258		-	court of competent jurisdiction, [or] (2) who has not acknowledged in 206
259		-	writing that he is the father of such child, [or] (3) who has not 207
260		-	contributed regularly to the support of such child, or (4) whose name 208
261		-	does not appear on the birth certificate, shall cease to be a legal party in 209 Substitute Bill No. 942
	258	+	wedlock (1) who has not been adjudicated the father of such child by a 205 Raised Bill No. 942
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	264	+	court of competent jurisdiction, or (2) who has not acknowledged in 206
	265	+	writing that he is the father of such child, or (3) who has not 207
	266	+	contributed regularly to the support of such child, or (4) whose name 208
	267	+	does not appear on the birth certificate, shall cease to be a legal party in 209
268	268		interest in any proceeding concerning the custody or welfare of the 210
269	269		child, including, but not limited to, guardianship and adoption, unless 211
270	270		he has shown a reasonable degree of interest, concern or responsibility 212
271	271		for the child's welfare. 213
272	272		(h) Notwithstanding the provisions of this section, after the death of 214
273	273		the father of a child who was born out of wedlock, a party deemed by 215
274	274		the court to have a sufficient interest may file a claim for paternity on 216
275	275		behalf of such father with the Probate Court for the district in which 217
276	276		either the putative father resided or the party filing the claim resides. If 218
277	277		a claim for paternity is filed pursuant to this subsection, the Probate 219
278	278		Court shall schedule a hearing on such claim, send notice of the 220
279	279		hearing to all parties involved and proceed accordingly. 221
280	280		(i) (1) Except as provided in subdivisions (2) and (3) of this 222
281	281		subsection, a judgment of paternity entered under this section may not 223
282	282		be opened or set aside unless a motion to open or set aside is filed with 224
283	283		the Probate Court district that entered such judgment not later than 225
284	284		four months after the date on which it was entered, and only upon a 226
285	285		showing of reasonable cause, or that a valid defense to the claim for a 227
286	286		judgment of paternity existed, in whole or in part, at the time 228
287	287		judgment was entered, and that the person seeking to open or set aside 229
288		-	~~such~~ judgment was prevented by mistake, accident or other reasonable 230
	288	+	said judgment was prevented by mistake, accident or other reasonable 230
289	289		cause from making a valid defense. The Probate Court may not order 231
290	290		genetic testing to determine paternity unless and until the court 232
291	291		determines that the person seeking to open or set aside the judgment 233
292	292		of paternity pursuant to this subdivision has made such a showing of 234
293		-	reasonable cause or established the existence of a ~~valid~~ defense. 235
	293	+	reasonable cause or established the existence of a good defense. 235
294	294		(2) The Probate Court in the district where a judgment of paternity 236
295	295		was entered pursuant to this section may consider a motion to open or 237
296		-	set aside such judgment filed more than four months after such 238
	296	+	set aside such judgment filed more than four months after such 238 Raised Bill No. 942
	297	+
	298	+
	299	+
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	301	+
297	302		judgment was rendered if such court determines that the judgment 239
298	303		was rendered due to fraud, duress or material mistake of fact, with the 240
299	304		burden of proof on the person seeking to open or set aside such 241
300		-	judgment. Such court may not order genetic testing to determine 242 Substitute Bill No. 942
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	305	+	judgment. Such court may not order genetic testing to determine 242
307	306		paternity unless and until the court determines that the person seeking 243
308	307		to open or set aside the judgment of paternity under this subdivision 244
309	308		has met such burden. 245
310	309		(3) If such court determines that the person seeking to open or set 246
311	310		aside a judgment of paternity under subdivision (2) of this subsection 247
312	311		has met his or her burden of demonstrating fraud, duress or material 248
313	312		mistake of fact, such court shall set aside the judgment only upon 249
314	313		determining that doing so is in the best interest of the child. In 250
315	314		evaluating the best interest of the child, the court may consider, but 251
316	315		shall not be limited to, the following factors: 252
317	316		(A) Any genetic information available to the court concerning 253
318	317		paternity; 254
319	318		(B) The past relationship between the child and (i) the person 255
320	319		previously adjudged father of the child, and (ii) such person's family; 256
321	320		(C) The child's future interests in knowing the identity of his or her 257
322	321		biological father; 258
323	322		(D) The child's potential emotional and financial support from his or 259
324	323		her biological father; and 260
325	324		(E) Any potential harm the child may suffer by disturbing the 261
326	325		judgment of paternity, including loss of a parental relationship and 262
327	326		loss of financial support. 263
328	327		(4) Upon the filing of any motion to open and set aside a judgment 264
329	328		of paternity filed pursuant to this subsection, the Probate Court shall 265
330	329		schedule a hearing on the motion and provide notice of the hearing 266
331	330		and a copy of the motion to all interested parties, including the 267
332		-	Attorney General. 268
	331	+	Attorney General. 268 Raised Bill No. 942
	332	+
	333	+
	334	+
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	336	+
333	337		(5) During the pendency of any motion to open or set aside a 269
334	338		judgment of paternity filed pursuant to this subsection, any 270
335		-	responsibilities arising from such earlier judgment shall continue, 271 Substitute Bill No. 942
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	339	+	responsibilities arising from such earlier judgment shall continue, 271
342	340		except for good cause shown. 272
343	341		This act shall take effect as follows and shall amend the following
344	342		sections:
345	343
346	344		Section 1 October 1, 2019 46b-171(b)
347	345		Sec. 2 October 1, 2019 46b-172(a)
348	346		Sec. 3 October 1, 2019 46b-172a
349	347
350		-	Statement of Legislative Commissioners:
351		-	In Sections 1(b)(1) and 3(i)(1), "good defense" was changed to "valid
352		-	defense" for consistency and in Section 1(b)(5), "opens a judgment of
353		-	paternity entered pursuant to this [section] subsection" was changed to
354		-	"opens a judgment of paternity [entered] pursuant to this [section]
355		-	subsection" for accuracy and clarity.
356		-
357		-	JUD Joint Favorable Subst. -LCO
	348	+	Statement of Purpose:
	349	+	To clarify court procedures with respect to the opening or setting aside
	350	+	of a paternity judgment entered by the Superior Court, a family
	351	+	support magistrate or the Probate Court.
	352	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	353	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	354	+	not underlined.]
358	355