Connecticut 2020 Regular Session

Connecticut Senate Bill SB00249 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3
4	4	LCO No. 1818 1 of 15
5	5
6	6	General Assembly Raised Bill No. 249
7	7	February Session, 2020
8	8	LCO No. 1818
9	9
10	10
11	11	Referred to Committee on JUDICIARY
12	12
13	13
14	14	Introduced by:
15	15	(JUD)
16	16
17	17
18	18
19	19
20	20	AN ACT CONCERNING PR OBATE COURT OPERATIO NS.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Subsection (b) of section 45a-106a of the 2020 supplement 1
25	25	to the general statutes is repealed and the following is substituted in lieu 2
26	26	thereof (Effective July 1, 2020): 3
27	27	(b) The fee to file each of the following motions, petitions or 4
28	28	applications in a Probate Court is two hundred fifty dollars: 5
29	29	(1) With respect to a minor child: (A) Appoint a temporary guardian, 6
30	30	temporary custodian, guardian, coguardian, permanent guardian or 7
31	31	statutory parent, (B) remove a guardian, including the appointment of 8
32	32	another guardian, (C) reinstate a parent as guardian, (D) terminate 9
33	33	parental rights, including the appointment of a guardian or statutory 10
34	34	parent, (E) grant visitation, (F) make findings regarding special 11
35	35	immigrant juvenile status, (G) approve placement of a child for 12
36	36	adoption outside this state, (H) approve an adoption, (I) validate a 13
37	37	foreign adoption, (J) review, modify or enforce a cooperative 14
38	38	postadoption agreement, (K) review an order concerning contact 15 Raised Bill No. 249
39	39
40	40
41	41
42	42	LCO No. 1818 2 of 15
43	43
44	44	between an adopted child and his or her siblings, (L) resolve a dispute 16
45	45	concerning a standby guardian, (M) approve a plan for voluntary 17
46	46	services provided by the Department of Children and Families, (N) 18
47	47	determine whether the termination of voluntary services provided by 19
48	48	the Department of Children and Families is in accordance with 20
49	49	applicable regulations, (O) conduct an in-court review to modify an 21
50	50	order, (P) grant emancipation, (Q) grant approval to marry, (R) transfer 22
51	51	funds to a custodian under sections 45a-557 to 45a-560b, inclusive, (S) 23
52	52	appoint a successor custodian under section 45a-559c, (T) resolve a 24
53	53	dispute concerning custodianship under sections 45a-557 to 45a-560b, 25
54	54	inclusive, and (U) grant authority to purchase real estate; 26
55	55	(2) Determine paternity; 27
56	56	(3) Determine the age and date of birth of an adopted person born 28
57	57	outside the United States; 29
58	58	(4) With respect to adoption records: (A) Appoint a guardian ad litem 30
59	59	for a biological relative who cannot be located or appears to be 31
60	60	incompetent, (B) appeal the refusal of an agency to release information, 32
61	61	(C) release medical information when required for treatment, and (D) 33
62	62	grant access to an original birth certificate; 34
63	63	(5) Approve an adult adoption; 35
64	64	(6) With respect to a conservatorship: (A) Appoint a temporary 36
65	65	conservator, conservator or special limited conservator, (B) change 37
66	66	residence, terminate a tenancy or lease, sell or dispose household 38
67	67	furnishings, or place in a long-term care facility, (C) determine 39
68	68	competency to vote, (D) approve a support allowance for a spouse, (E) 40
69	69	grant authority to elect the spousal share, (F) grant authority to purchase 41
70	70	real estate, (G) give instructions regarding administration of a joint asset 42
71	71	or liability, (H) distribute gifts, (I) grant authority to consent to 43
72	72	involuntary medication, (J) determine whether informed consent has 44
73	73	been given for voluntary admission to a hospital for psychiatric 45
74	74	disabilities, (K) determine life-sustaining medical treatment, (L) transfer 46
75	75	to or from another state, (M) modify the conservatorship in connection 47 Raised Bill No. 249
76	76
77	77
78	78
79	79	LCO No. 1818 3 of 15
80	80
81	81	with a periodic review, (N) excuse accounts under rules of procedure 48
82	82	approved by the Supreme Court under section 45a-78, (O) terminate the 49
83	83	conservatorship, and (P) grant a writ of habeas corpus; 50
84	84	(7) With respect to a power of attorney: (A) Compel an account by an 51
85	85	agent, (B) review the conduct of an agent, (C) construe the power of 52
86	86	attorney, and (D) mandate acceptance of the power of attorney; 53
87	87	(8) Resolve a dispute concerning advance directives or life-sustaining 54
88	88	medical treatment when the individual does not have a conservator or 55
89	89	guardian; 56
90	90	(9) With respect to an elderly person, as defined in section 17b-450: 57
91	91	(A) Enjoin an individual from interfering with the provision of 58
92	92	protective services to such elderly person, and (B) authorize the 59
93	93	Commissioner of Social Services to enter the premises of such elderly 60
94	94	person to determine whether such elderly person needs protective 61
95	95	services; 62
96	96	(10) With respect to an adult with intellectual disability: (A) Appoint 63
97	97	a temporary limited guardian, guardian or standby guardian, (B) grant 64
98	98	visitation, (C) determine competency to vote, (D) modify the 65
99	99	guardianship in connection with a periodic review, (E) determine life-66
100	100	sustaining medical treatment, (F) approve an involuntary placement, 67
101	101	(G) review an involuntary placement, (H) authorize a guardian to 68
102	102	manage the finances of such adult, and (I) grant a writ of habeas corpus; 69
103	103	(11) With respect to psychiatric disability: (A) Commit an individual 70
104	104	for treatment, (B) issue a warrant for examination of an individual at a 71
105	105	general hospital, (C) determine whether there is probable cause to 72
106	106	continue an involuntary confinement, (D) review an involuntary 73
107	107	confinement for possible release, (E) authorize shock therapy, (F) 74
108	108	authorize medication for treatment of psychiatric disability, (G) review 75
109	109	the status of an individual under the age of sixteen as a voluntary 76
110	110	patient, and (H) recommit an individual under the age of sixteen for 77
111	111	further treatment; 78 Raised Bill No. 249
112	112
113	113
114	114
115	115	LCO No. 1818 4 of 15
116	116
117	117	(12) With respect to drug or alcohol dependency: (A) Commit an 79
118	118	individual for treatment, (B) recommit an individual for further 80
119	119	treatment, and (C) terminate an involuntary confinement; 81
120	120	(13) With respect to tuberculosis: (A) Commit an individual for 82
121	121	treatment, (B) issue a warrant to enforce an examination order, and (C) 83
122	122	terminate an involuntary confinement; 84
123	123	(14) Compel an account by the trustee of an inter vivos trust, 85
124	124	custodian under sections 45a-557 to 45a-560b, inclusive, or treasurer of 86
125	125	an ecclesiastical society or cemetery association; 87
126	126	(15) With respect to a testamentary or inter vivos trust: (A) Construe, 88
127	127	validate, divide, combine, reform, modify or terminate the trust, (B) 89
128	128	enforce the provisions of a pet trust, [and] (C) excuse a final account 90
129	129	under rules of procedure approved by the Supreme Court under section 91
130	130	45a-78, and (D) assume jurisdiction of an out-of-state trust; 92
131	131	(16) Authorize a fiduciary to establish a trust; 93
132	132	(17) Appoint a trustee for a missing person; 94
133	133	(18) Change a person's name; 95
134	134	(19) Issue an order to amend the birth certificate of an individual born 96
135	135	in another state to reflect a gender change; 97
136	136	(20) Require the Department of Public Health to issue a delayed birth 98
137	137	certificate; 99
138	138	(21) Compel the board of a cemetery association to disclose the 100
139	139	minutes of the annual meeting; 101
140	140	(22) Issue an order to protect a grave marker; 102
141	141	(23) Restore rights to purchase, possess and transport firearms; 103
142	142	(24) Issue an order permitting sterilization of an individual; 104 Raised Bill No. 249
143	143
144	144
145	145
146	146	LCO No. 1818 5 of 15
147	147
148	148	(25) Approve the transfer of structured settlement payment rights; 105
149	149	and 106
150	150	(26) With respect to any case in a Probate Court other than a 107
151	151	decedent's estate: (A) Compel or approve an action by the fiduciary, (B) 108
152	152	give [advice or] instruction to the fiduciary, (C) authorize a fiduciary to 109
153	153	compromise a claim, (D) list, sell or mortgage real property, (E) 110
154	154	determine title to property, (F) resolve a dispute between cofiduciaries 111
155	155	or among fiduciaries, (G) remove a fiduciary, (H) appoint a successor 112
156	156	fiduciary or fill a vacancy in the office of fiduciary, (I) approve fiduciary 113
157	157	or attorney's fees, (J) apply the doctrine of cy pres or approximation, (K) 114
158	158	reconsider, modify or revoke an order, and (L) decide an action on a 115
159	159	probate bond. 116
160	160	Sec. 2. Subsection (c) of section 45a-106a of the 2020 supplement to 117
161	161	the general statutes is repealed and the following is substituted in lieu 118
162	162	thereof (Effective July 1, 2020): 119
163	163	(c) The fee to file a petition for custody of the remains of a deceased 120
164	164	person in a Probate Court is one hundred fifty dollars, except that the 121
165	165	court shall waive the fee if the state is obligated to pay funeral and burial 122
166	166	expenses under section 17b-84 or 17b-131. 123
167	167	Sec. 3. Subdivision (4) of subsection (b) of section 45a-107 of the 124
168	168	general statutes is repealed and the following is substituted in lieu 125
169	169	thereof (Effective July 1, 2020): 126
170	170	(4) In any matter in which the Commissioner of Administrative 127
171	171	Services is the legal representative of the estate pursuant to section 4a-128
172	172	16, the fee shall be the lesser of (A) the amount calculated under 129
173	173	subdivisions (1) and (2) of this subsection, or (B) the amount collected 130
174	174	by the Commissioner of Administrative Services after paying the 131
175	175	expense of funeral and burial in accordance with section 17b-84 or 17b-132
176	176	131. 133
177	177	Sec. 4. Subdivision (4) of subsection (c) of section 45a-107 of the 134
178	178	general statutes is repealed and the following is substituted in lieu 135 Raised Bill No. 249
179	179
180	180
181	181
182	182	LCO No. 1818 6 of 15
183	183
184	184	thereof (Effective July 1, 2020): 136
185	185	(4) In any matter in which the Commissioner of Administrative 137
186	186	Services is the legal representative of the estate pursuant to section 4a-138
187	187	16, the fee shall be the lesser of (A) the amount calculated under 139
188	188	subdivisions (1) and (2) of this subsection, or (B) the amount collected 140
189	189	by the Commissioner of Administrative Services after paying the 141
190	190	expense of funeral and burial in accordance with section 17b-84 or 17b-142
191	191	131. 143
192	192	Sec. 5. Section 45a-111 of the general statutes is repealed and the 144
193	193	following is substituted in lieu thereof (Effective July 1, 2020): 145
194	194	(a) No fee or expense shall be charged for any proceedings in the 146
195	195	settlement of the estate of any member of the armed forces who died 147
196	196	while in service in time of war as defined in section 27-103. 148
197	197	(b) No fees or expenses shall be charged under sections [45a-107] 45a-149
198	198	106a to 45a-112, inclusive, as amended by this act, or under section 45a-150
199	199	727 for adoption proceedings involving special needs children. 151
200	200	(c) If a petitioner or applicant to a Probate Court claims that unless 152
201	201	his or her obligation to pay the fees and the necessary expenses of the 153
202	202	action, including the expense of service of process, is waived, such 154
203	203	petitioner or applicant will be deprived by reason of his or her indigency 155
204	204	of his or her right to bring a petition or application to such court or that 156
205	205	he or she is otherwise unable to pay the fees and necessary expenses of 157
206	206	the action, he or she may file with the clerk of such Probate Court an 158
207	207	application for waiver of payment of such fees and necessary expenses. 159
208	208	Such application shall be signed under penalty of false statement, shall 160
209	209	state the applicant's financial circumstances, and shall identify the fees 161
210	210	and expenses sought to be waived and the approximate amount of each. 162
211	211	If the court finds that the applicant is unable to pay such fees and 163
212	212	expenses, it shall order such fees and expenses waived. If such expenses 164
213	213	include the expense of service of process, the court, in its order, shall 165
214	214	indicate the method of service authorized and the expense of such 166
215	215	service shall be paid from funds appropriated to the Judicial 167 Raised Bill No. 249
216	216
217	217
218	218
219	219	LCO No. 1818 7 of 15
220	220
221	221	Department, except that, if funds have not been included in the budget 168
222	222	of the Judicial Department for such expenses, such expenses shall be 169
223	223	paid from the Probate Court Administration Fund. 170
224	224	(d) The court may, in its discretion, postpone payment of any [entry] 171
225	225	filing fee or other fee or expense due under sections [45a-107] 45a-106a 172
226	226	to 45a-112, inclusive, as amended by this act, and enter any matter if it 173
227	227	appears to the court that to require such [entry] filing fee or other fee or 174
228	228	expense to accompany submission of the matter would cause undue 175
229	229	delay or hardship, but in such case the applicant, petitioner or moving 176
230	230	party shall be liable for the [entry] filing fee and all other fees and 177
231	231	expenses upon receipt of an invoice therefor from the court. 178
232	232	(e) Any fee or expense charged under the provisions of sections [45a-179
233	233	107] 45a-106a to 45a-112, inclusive, as amended by this act, shall not be 180
234	234	subject to the tax imposed under chapter 219. 181
235	235	Sec. 6. Section 45a-112 of the general statutes is repealed and the 182
236	236	following is substituted in lieu thereof (Effective July 1, 2020): 183
237	237	When the state or any of its agencies is an applicant, petitioner or 184
238	238	moving party commencing a matter in a Probate Court, or is otherwise 185
239	239	liable for the fees or expenses under sections [45a-107] 45a-106a to 45a-186
240	240	112, inclusive, as amended by this act, the court shall accept such matter 187
241	241	without the [entry] filing fee accompanying the filing thereof, and shall 188
242	242	bill the [entry] filing fee or other fee or expense to the appropriate 189
243	243	agency for subsequent payment, which payment shall be due and 190
244	244	payable upon receipt of such bill. 191
245	245	Sec. 7. Section 45a-113a of the general statutes is repealed and the 192
246	246	following is substituted in lieu thereof (Effective July 1, 2020): 193
247	247	Whenever a Probate Court determines that a refund is due an 194
248	248	applicant, petitioner, moving party or other person for any 195
249	249	overpayment of costs, fees, charges or expenses incurred under the 196
250	250	provisions of sections [45a-107] 45a-106a to 45a-112, inclusive, as 197
251	251	amended by this act, the Probate Court Administrator shall, upon 198 Raised Bill No. 249
252	252
253	253
254	254
255	255	LCO No. 1818 8 of 15
256	256
257	257	receipt of certification of such overpayment by the Probate Court that 199
258	258	issued the invoice for such costs, fees, charges or expenses, cause a 200
259	259	refund of such overpayment to be issued from the Probate Court 201
260	260	Administration Fund. 202
261	261	Sec. 8. Section 45a-113b of the general statutes is repealed and the 203
262	262	following is substituted in lieu thereof (Effective July 1, 2020): 204
263	263	Each court of probate may allow the payment of any fees charged by 205
264	264	such court by means of a credit card, charge card, [or] debit card or an 206
265	265	electronic funds transfer and may charge the person making such 207
266	266	payment a service fee for any such payment made by any such card or 208
267	267	electronic funds transfer. The fee shall not exceed any charge by the card 209
268	268	issuer or processing fee for electronic funds transfer, including any 210
269	269	discount rate. 211
270	270	Sec. 9. Subsection (k) of section 17a-11 of the general statutes is 212
271	271	repealed and the following is substituted in lieu thereof (Effective July 1, 213
272	272	2020): 214
273	273	(k) Upon motion of any interested party in a Probate Court 215
274	274	proceeding under this section, the Probate Court of record may transfer 216
275	275	the file for cause shown to a Probate Court for a district other than the 217
276	276	district in which the initial or permanency hearing was held. [The file 218
277	277	shall be transferred by the Probate Court of record making copies of all 219
278	278	recorded documents in the court file, certifying each of them, and 220
279	279	delivering the certified copies to the Probate Court to which the matter 221
280	280	is transferred.] Upon issuance of an order to transfer a file under this 222
281	281	subsection, the transferring court shall transmit a digital image of each 223
282	282	document in the court file to the transferee court using the document 224
283	283	management system maintained by the office of the Probate Court 225
284	284	Administrator. The transferee court shall thereupon assume jurisdiction 226
285	285	over the voluntary admission in accordance with the provisions of this 227
286	286	section. 228
287	287	Sec. 10. Subsection (b) of section 17a-274 of the general statutes is 229
288	288	repealed and the following is substituted in lieu thereof (Effective July 1, 230 Raised Bill No. 249
289	289
290	290
291	291
292	292	LCO No. 1818 9 of 15
293	293
294	294	2020): 231
295	295	(b) A petition to the Probate Court for placement under this section 232
296	296	may be filed by any interested party. The petition and all records of 233
297	297	Probate Court proceedings held as a result of the filing of such petition 234
298	298	shall be confidential and shall not be open to public inspection by or 235
299	299	disclosed to any person, except that (1) such records shall be available 236
300	300	to (A) the parties in any such case and their counsel, (B) the Department 237
301	301	of Developmental Services, and (C) the [office] Office of the Probate 238
302	302	Court Administrator; (2) if the court appoints a legal representative, the 239
303	303	names of the legal representative and the protected person shall be 240
304	304	public; and (3) the court may, after hearing with notice to the 241
305	305	respondent, the respondent's counsel, the legal representative and the 242
306	306	Department of Developmental Services, permit records to be disclosed 243
307	307	for cause shown. The petition shall allege that the respondent is a person 244
308	308	with intellectual disability and (A) is unable to provide for himself or 245
309	309	herself at least one of the following: Education, habilitation, care for 246
310	310	personal health and mental health needs, meals, clothing, safe shelter or 247
311	311	protection from harm; (B) has no family or legal representative or other 248
312	312	person to care for the respondent or the respondent's family or the legal 249
313	313	representative or other person can no longer provide adequate care for 250
314	314	the respondent; (C) is unable to obtain adequate, appropriate services 251
315	315	which would enable the respondent to receive care, treatment and 252
316	316	education or habilitation without placement by a Probate Court; and (D) 253
317	317	is not willing to be placed under the custody and control of the 254
318	318	Department of Developmental Services or its agents or voluntary 255
319	319	admission has been sought by the legal representative of the respondent 256
320	320	and such voluntary admission has been opposed by the protected 257
321	321	person or the protected person's next of kin. 258
322	322	Sec. 11. Section 45a-9a of the general statutes is repealed and the 259
323	323	following is substituted in lieu thereof (Effective July 1, 2020): 260
324	324	Any person seeking on-line access to any data processing system 261
325	325	operated by the [office] Office of the Probate Court Administrator, or 262
326	326	seeking, in any other medium, information stored in such data 263 Raised Bill No. 249
327	327
328	328
329	329
330	330	LCO No. 1818 10 of 15
331	331
332	332	processing system, may be required to pay to the [office] Office of the 264
333	333	Probate Court Administrator an amount, as established in a fee schedule 265
334	334	determined by the Probate Court Administrator, for deposit in the 266
335	335	Probate Court Administration Fund established in section 45a-82. Such 267
336	336	fee schedule may include reasonable charges for personal services, 268
337	337	fringe benefits, supplies and any other expenses related to maintaining, 269
338	338	improving and providing such data processing services including, but 270
339	339	not limited to, program modifications, training expenses, central 271
340	340	processor user time and the rental and maintenance of equipment. 272
341	341	Sec. 12. Subsection (c) of section 45a-27 of the general statutes is 273
342	342	repealed and the following is substituted in lieu thereof (Effective July 1, 274
343	343	2020): 275
344	344	(c) The curriculum for the courses required by subsection (b) of this 276
345	345	section shall be established by the Probate Court Administrator and 277
346	346	shall be designed to establish a minimum level of proficiency by judges 278
347	347	of probate. The courses shall be given by qualified instructors approved 279
348	348	by the Probate Court Administrator. The Probate Court Administrator 280
349	349	may waive completion of a course required by subdivision (2) of 281
350	350	subsection (b) on demonstration by a probate judge of proficiency in the 282
351	351	subject matter. The Probate Court Administrator may, for good cause, 283
352	352	allow a probate judge to satisfy a requirement of subsection (b) of this 284
353	353	section by auditing, at the [office] Office of the Probate Court 285
354	354	Administrator or at such other place as the Probate Court Administrator 286
355	355	may designate, instructional tapes approved by the Probate Court 287
356	356	Administrator. The Probate Court Administrator shall adopt 288
357	357	appropriate time requirements for training of a probate judge elected in 289
358	358	a special election and may modify other requirements of this section as 290
359	359	circumstances may require. 291
360	360	Sec. 13. Subsection (e) of section 45a-65 of the general statutes is 292
361	361	repealed and the following is substituted in lieu thereof (Effective July 1, 293
362	362	2020): 294
363	363	(e) Except as provided in subsections (g) and (h) of section 45a-63, all 295 Raised Bill No. 249
364	364
365	365
366	366
367	367	LCO No. 1818 11 of 15
368	368
369	369	decisions of the council shall be public record and shall be available for 296
370	370	inspection at the [office] Office of the Probate Court Administrator. 297
371	371	Sec. 14. Subsection (d) of section 45a-68 of the general statutes is 298
372	372	repealed and the following is substituted in lieu thereof (Effective July 1, 299
373	373	2020): 300
374	374	(d) The financial statement and disclosure, except as otherwise 301
375	375	provided in this section, shall be open to inspection at the [office] Office 302
376	376	of the Probate Court Administrator. 303
377	377	Sec. 15. Section 45a-76 of the general statutes is repealed and the 304
378	378	following is substituted in lieu thereof (Effective July 1, 2020): 305
379	379	The Probate Court Administrator shall file with the Chief Court 306
380	380	Administrator, on or before the first day of April of each even-numbered 307
381	381	year, a report of the business of the [office] Office of the Probate Court 308
382	382	Administrator during the biennium ending on the preceding June 309
383	383	thirtieth, together with any information that the Chief Court 310
384	384	Administrator may request. 311
385	385	Sec. 16. Subsection (a) of section 45a-80 of the general statutes is 312
386	386	repealed and the following is substituted in lieu thereof (Effective July 1, 313
387	387	2020): 314
388	388	(a) The Commissioner of Administrative Services shall provide such 315
389	389	office space for the conduct of the duties of the [office] Office of the 316
390	390	Probate Court Administrator as the Probate Court Administrator 317
391	391	approves. The expenses of the office space shall be paid from the fund 318
392	392	established under section 45a-82. 319
393	393	Sec. 17. Subdivision (1) of subsection (a) of section 45a-84 of the 320
394	394	general statutes is repealed and the following is substituted in lieu 321
395	395	thereof (Effective July 1, 2020): 322
396	396	(a) (1) On or before April first of each year, the Probate Court 323
397	397	Administrator shall prepare a proposed budget for the next succeeding 324
398	398	fiscal year beginning July first, for the appropriate expenditures of funds 325 Raised Bill No. 249
399	399
400	400
401	401
402	402	LCO No. 1818 12 of 15
403	403
404	404	from the Probate Court Administration Fund to carry out the statutory 326
405	405	duties of the Probate Court Administrator. The proposed budget shall 327
406	406	reflect all costs related to the [office] Office of the Probate Court 328
407	407	Administrator and the operation of the [courts of probate] Probate 329
408	408	Courts, including, but not limited to, compensation, group 330
409	409	hospitalization and medical and surgical insurance plans and 331
410	410	retirement benefits for probate judges and employees. Expenditures in 332
411	411	the proposed budget shall not exceed anticipated available funds. 333
412	412	Sec. 18. Subsection (e) of section 45a-649a of the general statutes is 334
413	413	repealed and the following is substituted in lieu thereof (Effective July 1, 335
414	414	2020): 336
415	415	(e) If the respondent or conserved person is indigent, an attorney 337
416	416	appointed under this section shall be paid a reasonable rate of 338
417	417	compensation. Rates of compensation for such appointed attorneys 339
418	418	shall be established by the [office] Office of the Probate Court 340
419	419	Administrator. Such compensation shall be paid from funds 341
420	420	appropriated to the Judicial Department. If funds have not been 342
421	421	included in the budget of the Judicial Department for such purposes, 343
422	422	such compensation shall be paid from the Probate Court Administration 344
423	423	Fund. 345
424	424	Sec. 19. Subsection (c) of section 45a-670 of the general statutes is 346
425	425	repealed and the following is substituted in lieu thereof (Effective July 1, 347
426	426	2020): 348
427	427	(c) All records of cases related to guardianship under sections 45a-349
428	428	669 to 45a-683, inclusive, shall be confidential and shall not be open to 350
429	429	public inspection by or disclosed to any person, except that (1) such 351
430	430	records shall be available to (A) the parties in any such case and their 352
431	431	counsel, (B) the Department of Developmental Services, and (C) the 353
432	432	[office] Office of the Probate Court Administrator; (2) if the court 354
433	433	appoints a guardian, the names of the guardian and the protected 355
434	434	person shall be public; and (3) the court may, after hearing with notice 356
435	435	to the respondent, the respondent’s counsel, the guardian and the 357 Raised Bill No. 249
436	436
437	437
438	438
439	439	LCO No. 1818 13 of 15
440	440
441	441	Department of Developmental Services, permit records to be disclosed 358
442	442	for cause shown. 359
443	443	Sec. 20. Subsection (a) of section 45a-674 of the general statutes is 360
444	444	repealed and the following is substituted in lieu thereof (Effective July 1, 361
445	445	2020): 362
446	446	(a) At any hearing for appointment of a plenary guardian or limited 363
447	447	guardian, the court shall receive evidence as to the condition of the 364
448	448	respondent, including a written report or testimony by a Department of 365
449	449	Developmental Services assessment team appointed by the 366
450	450	Commissioner of Developmental Services or his or her designee, no 367
451	451	member of which is related by blood, marriage or adoption to either the 368
452	452	petitioner or the respondent and each member of which has personally 369
453	453	observed or examined the respondent within forty-five days next 370
454	454	preceding such hearing. The assessment team shall be comprised of at 371
455	455	least two representatives from among appropriate disciplines having 372
456	456	expertise in the evaluation of persons alleged to have intellectual 373
457	457	disability. The assessment team members shall make their report on a 374
458	458	form provided for that purpose by the [office] Office of the Probate 375
459	459	Court Administrator and shall answer questions on such form as fully 376
460	460	and completely as possible. The report shall contain specific information 377
461	461	regarding the severity of the intellectual disability of the respondent and 378
462	462	those specific areas, if any, in which the respondent needs the 379
463	463	supervision and protection of a guardian, and shall state upon the form 380
464	464	the reasons for such opinions. The petitioner, respondent or the 381
465	465	respondent's counsel shall have the right to present evidence and cross-382
466	466	examine witnesses who testify at any hearing on the petition. If the 383
467	467	respondent or the respondent's counsel notifies the court not less than 384
468	468	three days before the hearing that he or she wishes to cross-examine the 385
469	469	witnesses, the court shall order such witnesses to appear. The fees for 386
470	470	such assessment team shall be paid from funds appropriated to the 387
471	471	Department of Developmental Services. 388
472	472	Sec. 21. Subsection (g) of section 45a-677 of the general statutes is 389
473	473	repealed and the following is substituted in lieu thereof (Effective July 1, 390 Raised Bill No. 249
474	474
475	475
476	476
477	477	LCO No. 1818 14 of 15
478	478
479	479	2020): 391
480	480	(g) Such reports shall be submitted on a form provided by the [office] 392
481	481	Office of the Probate Court Administrator and shall contain the 393
482	482	following information: (1) Significant changes in the capacity of the 394
483	483	protected person to meet the essential requirements for the protected 395
484	484	person's physical health or safety; (2) the services being provided to the 396
485	485	protected person and the relationship of those services to the individual 397
486	486	guardianship plan; (3) the significant actions taken by the limited 398
487	487	guardian or plenary guardian during the reporting period; (4) any 399
488	488	significant problems relating to the guardianship which have arisen 400
489	489	during the reporting period; and (5) whether such guardianship, in the 401
490	490	opinion of the guardian, should continue, be modified, or be terminated, 402
491	491	and the reasons therefor. 403
492	492	Sec. 22. Subsection (a) of section 45a-754 of the general statutes is 404
493	493	repealed and the following is substituted in lieu thereof (Effective July 1, 405
494	494	2020): 406
495	495	(a) All records of cases related to termination of parental rights, 407
496	496	removal of a parent as guardian, appointment of a statutory parent, 408
497	497	adoption matters, temporary guardianship and emancipation of a minor 409
498	498	shall be confidential and shall not be open to inspection by or disclosed 410
499	499	to any third party, except that (1) such records shall be available to (A) 411
500	500	the parties in any such case and their counsel; (B) the Department of 412
501	501	Children and Families; (C) any licensed child-placing agency involved 413
502	502	in any such case; (D) any judge or employee of a court of this state who, 414
503	503	in the performance of his or her duties, requires access to such records; 415
504	504	(E) the [office] Office of the Probate Court Administrator; and (F) courts 416
505	505	of other states under the provisions of sections 46b-115a to 46b-115gg, 417
506	506	inclusive; and (2) access to and disclosure of adoption records shall be 418
507	507	in accordance with subsection (b) of this section. 419
508	508	This act shall take effect as follows and shall amend the following
509	509	sections:
510	510
511	511	Section 1 July 1, 2020 45a-106a(b) Raised Bill No. 249
512	512
513	513
514	514
515	515	LCO No. 1818 15 of 15
516	516
517	517	Sec. 2 July 1, 2020 45a-106a(c)
518	518	Sec. 3 July 1, 2020 45a-107(b)(4)
519	519	Sec. 4 July 1, 2020 45a-107(c)(4)
520	520	Sec. 5 July 1, 2020 45a-111
521	521	Sec. 6 July 1, 2020 45a-112
522	522	Sec. 7 July 1, 2020 45a-113a
523	523	Sec. 8 July 1, 2020 45a-113b
524	524	Sec. 9 July 1, 2020 17a-11(k)
525	525	Sec. 10 July 1, 2020 17a-274(b)
526	526	Sec. 11 July 1, 2020 45a-9a
527	527	Sec. 12 July 1, 2020 45a-27(c)
528	528	Sec. 13 July 1, 2020 45a-65(e)
529	529	Sec. 14 July 1, 2020 45a-68(d)
530	530	Sec. 15 July 1, 2020 45a-76
531	531	Sec. 16 July 1, 2020 45a-80(a)
532	532	Sec. 17 July 1, 2020 45a-84(a)(1)
533	533	Sec. 18 July 1, 2020 45a-649a(e)
534	534	Sec. 19 July 1, 2020 45a-670(c)
535	535	Sec. 20 July 1, 2020 45a-674(a)
536	536	Sec. 21 July 1, 2020 45a-677(g)
537	537	Sec. 22 July 1, 2020 45a-754(a)
538	538
539	539	Statement of Purpose:
540	540	To make various changes concerning Probate Court processes and
541	541	procedures.
542	542
543	543	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
544	544	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
545	545	underlined.]
546	546