Connecticut 2020 Regular Session

Connecticut Senate Bill SB00317 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33 LCO No. 2203 1 of 10
44
55 General Assembly Raised Bill No. 317
66 February Session, 2020
77 LCO No. 2203
88
99
1010 Referred to Committee on JUDICIARY
1111
1212
1313 Introduced by:
1414 (JUD)
1515
1616
1717
1818
1919 AN ACT CONCERNING TH E OPENING OR SETTING ASIDE OF A
2020 PATERNITY JUDGMENT.
2121 Be it enacted by the Senate and House of Representatives in General
2222 Assembly convened:
2323
2424 Section 1. Subsection (b) of section 46b-171 of the general statutes is 1
2525 repealed and the following is substituted in lieu thereof (Effective October 2
2626 1, 2020): 3
2727 (b) (1) Except as provided in subdivisions (2) and (3) of this 4
2828 subsection, a judgment of paternity entered by the Superior Court or 5
2929 family support magistrate pursuant to this chapter may not be opened 6
3030 or set aside unless a motion to open or set aside is filed not later than 7
3131 four months after the date on which the judgment was entered, and only 8
3232 upon a showing of reasonable cause, or that a valid defense to the 9
3333 petition for a judgment of paternity existed, in whole or in part, at the 10
3434 time judgment was rendered, and that the person seeking to open or set 11
3535 aside the judgment was prevented by mistake, accident or other 12
3636 reasonable cause from making a valid defense. The court or a family 13
3737 support magistrate may not order genetic testing to determine paternity 14
3838 unless such court or magistrate determines that the person seeking to 15 Raised Bill No. 317
3939
4040
4141
4242 LCO No. 2203 2 of 10
4343
4444 open or set aside the judgment of paternity pursuant to this subdivision 16
4545 has made such a showing of reasonable cause or established the 17
4646 existence of a valid defense. 18
4747 (2) The Superior Court or a family support magistrate may consider 19
4848 a motion to open or set aside a judgment of paternity filed more than 20
4949 four months after such judgment was entered if such court or magistrate 21
5050 determines that the judgment was entered due to fraud, duress or 22
5151 material mistake of fact, with the burden of proof on the person seeking 23
5252 to open or set aside such judgment. A court or family support magistrate 24
5353 may not order genetic testing to determine paternity unless such court 25
5454 or magistrate determines that the person seeking to open or set aside the 26
5555 judgment of paternity under this subdivision has met such burden. 27
5656 (3) If the court or family support magistrate, as the case may be, 28
5757 determines that the person seeking to open or set aside a judgment of 29
5858 paternity under subdivision (2) of this subsection has met his or her 30
5959 burden of demonstrating fraud, duress or material mistake of fact, such 31
6060 court or magistrate shall set aside the judgment only upon determining 32
6161 that doing so is in the best interest of the child. In evaluating the best 33
6262 interest of the child, the court or magistrate may consider, but shall not 34
6363 be limited to, the following factors: 35
6464 (A) Any genetic information available to the court or family support 36
6565 magistrate concerning paternity; 37
6666 (B) The past relationship between the child and (i) the person 38
6767 previously adjudged father of the child, and (ii) such person's family; 39
6868 (C) The child's future interests in knowing the identity of his or her 40
6969 biological father; 41
7070 (D) The child's potential emotional and financial support from his or 42
7171 her biological father; and 43
7272 (E) Any potential harm the child may suffer by disturbing the 44
7373 judgment of paternity, including loss of a parental relationship and loss 45 Raised Bill No. 317
7474
7575
7676
7777 LCO No. 2203 3 of 10
7878
7979 of financial support. 46
8080 (4) During the pendency of any motion to open or set aside a 47
8181 judgment of paternity filed pursuant to this subsection, any 48
8282 responsibilities arising from such earlier judgment shall continue, 49
8383 except for good cause shown. 50
8484 [(b)] (5) Whenever the Superior Court or family support magistrate 51
8585 [reopens] opens a judgment of paternity [entered] pursuant to this 52
8686 [section] subsection in which (A) a person was found to be the father of 53
8787 a child who is or has been supported by the state, and (B) the court or 54
8888 family support magistrate finds that the person adjudicated the father 55
8989 is not the father of the child, the Department of Social Services shall 56
9090 refund to such person any money paid to the state by such person 57
9191 during the period such child was supported by the state. 58
9292 Sec. 2. Subsection (a) of section 46b-172 of the general statutes is 59
9393 repealed and the following is substituted in lieu thereof (Effective October 60
9494 1, 2020): 61
9595 (a) (1) In lieu of or in conclusion of proceedings under section 46b-62
9696 160, a written acknowledgment of paternity executed and sworn to by 63
9797 the putative father of the child when accompanied by (A) an attested 64
9898 waiver of the right to a blood test, the right to a trial and the right to an 65
9999 attorney, (B) a written affirmation of paternity executed and sworn to 66
100100 by the mother of the child, and (C) if the person subject to the 67
101101 acknowledgment of paternity is an adult eighteen years of age or older, 68
102102 a notarized affidavit affirming consent to the voluntary 69
103103 acknowledgment of paternity, shall have the same force and effect as a 70
104104 judgment of the Superior Court. It shall be considered a legal finding of 71
105105 paternity without requiring or permitting judicial ratification, and shall 72
106106 be binding on the person executing the same whether such person is an 73
107107 adult or a minor, subject to subdivision (2) of this subsection. Such 74
108108 acknowledgment shall not be binding unless, prior to the signing of any 75
109109 affirmation or acknowledgment of paternity, the mother and the 76
110110 putative father are given oral and written notice of the alternatives to, 77 Raised Bill No. 317
111111
112112
113113
114114 LCO No. 2203 4 of 10
115115
116116 the legal consequences of, and the rights and responsibilities that arise 78
117117 from signing such affirmation or acknowledgment. The notice to the 79
118118 mother shall include, but shall not be limited to, notice that the 80
119119 affirmation of paternity may result in rights of custody and visitation, 81
120120 as well as a duty of support, in the person named as father. The notice 82
121121 to the putative father shall include, but not be limited to, notice that such 83
122122 father has the right to contest paternity, including the right to 84
123123 appointment of counsel, a genetic test to determine paternity and a trial 85
124124 by the Superior Court or a family support magistrate and that 86
125125 acknowledgment of paternity will make such father liable for the 87
126126 financial support of the child until the child's eighteenth birthday. In 88
127127 addition, the notice shall inform the mother and the father that DNA 89
128128 testing may be able to establish paternity with a high degree of accuracy 90
129129 and may, under certain circumstances, be available at state expense. The 91
130130 notices shall also explain the right to rescind the acknowledgment, as 92
131131 set forth in subdivision (2) of this subsection, including the address 93
132132 where such notice of rescission should be sent, and shall explain that the 94
133133 acknowledgment cannot be challenged after sixty days, except in court 95
134134 upon a showing of fraud, duress or material mistake of fact. 96
135135 (2) The mother and the acknowledged father shall have the right to 97
136136 rescind such affirmation or acknowledgment in writing within the 98
137137 earlier of (A) sixty days, or (B) the date of an agreement to support such 99
138138 child approved in accordance with subsection (b) of this section or an 100
139139 order of support for such child entered in a proceeding under subsection 101
140140 (c) of this section. 102
141141 (3) (A) An acknowledgment executed in accordance with subdivision 103
142142 (1) of this subsection may be challenged in court or before a family 104
143143 support magistrate after the rescission period only on the basis of fraud, 105
144144 duress or material mistake of fact which may include evidence that he 106
145145 is not the father, with the burden of proof upon the challenger. A court 107
146146 or family support magistrate may not order genetic testing to determine 108
147147 paternity unless the court or magistrate, as the case may be, determines 109
148148 that the challenger has met such burden. 110 Raised Bill No. 317
149149
150150
151151
152152 LCO No. 2203 5 of 10
153153
154154 (B) If the court or family support magistrate, as the case may be, 111
155155 determines that the challenger has met his or her burden under 112
156156 subparagraph (A) of this subdivision, the acknowledgment of paternity 113
157157 shall be set aside only if such court or magistrate determines that doing 114
158158 so is in the best interest of the child. In evaluating the best interest of the 115
159159 child, the court or magistrate may consider, but shall not be limited to, 116
160160 the following factors: 117
161161 (i) Any genetic information available to the court concerning 118
162162 paternity; 119
163163 (ii) The past relationship between the child and (I) the person who 120
164164 executed an acknowledgment of paternity, and (II) such person's family; 121
165165 (iii) The child's future interests in knowing the identity of his or her 122
166166 biological father; 123
167167 (iv) The child's potential emotional and financial support from his or 124
168168 her biological father; and 125
169169 (v) Any potential harm the child may suffer by disturbing the 126
170170 acknowledgment of paternity, including loss of a parental relationship 127
171171 and loss of financial support. 128
172172 (C) During the pendency of any [such] challenge to a previous 129
173173 acknowledgment of paternity, any responsibilities arising from such 130
174174 acknowledgment shall continue except for good cause shown. 131
175175 [(3)] (4) All written notices, waivers, affirmations and 132
176176 acknowledgments required under subdivision (1) of this subsection, 133
177177 and rescissions authorized under subdivision (2) of this subsection, shall 134
178178 be on forms prescribed by the Department of Public Health, provided 135
179179 such acknowledgment form includes the minimum requirements 136
180180 specified by the Secretary of the United States Department of Health and 137
181181 Human Services. All acknowledgments and rescissions executed in 138
182182 accordance with this subsection shall be filed in the paternity registry 139
183183 established and maintained by the Department of Public Health under 140 Raised Bill No. 317
184184
185185
186186
187187 LCO No. 2203 6 of 10
188188
189189 section 19a-42a. 141
190190 [(4)] (5) An acknowledgment of paternity signed in any other state 142
191191 according to its procedures shall be given full faith and credit by this 143
192192 state. 144
193193 Sec. 3. Section 46b-172a of the general statutes is repealed and the 145
194194 following is substituted in lieu thereof (Effective October 1, 2020): 146
195195 (a) Any person claiming to be the father of a child who was born out 147
196196 of wedlock and for whom paternity has not yet been established may 148
197197 file a claim for paternity with the Probate Court for the district in which 149
198198 either the mother or the child resides, on forms provided by such court. 150
199199 The claim may be filed at any time during the life of the child, whether 151
200200 before, on or after the date the child reaches the age of eighteen, or after 152
201201 the death of the child, but not later than sixty days after the date of notice 153
202202 under section 45a-716. The claim shall contain the claimant's name and 154
203203 address, the name and last-known address of the mother and the month 155
204204 and year of the birth or expected birth of the child. Not later than five 156
205205 days after the filing of a claim for paternity, the court shall cause a 157
206206 certified copy of such claim to be served upon the mother or prospective 158
207207 mother of such child by personal service or service at her usual place of 159
208208 abode, and to the Attorney General by first class mail. The Attorney 160
209209 General may file an appearance and shall be and remain a party to the 161
210210 action if the child is receiving or has received aid or care from the state, 162
211211 or if the child is receiving child support enforcement services, as defined 163
212212 in subdivision (2) of subsection (b) of section 46b-231. The claim for 164
213213 paternity shall be admissible in any action for paternity under section 165
214214 46b-160, and shall estop the claimant from denying his paternity of such 166
215215 child and shall contain language that he acknowledges liability for 167
216216 contribution to the support and education of the child after the child's 168
217217 birth and for contribution to the pregnancy-related medical expenses of 169
218218 the mother. 170
219219 (b) If a claim for paternity is filed by the father of any minor child 171
220220 who was born out of wedlock, the Probate Court shall schedule a 172 Raised Bill No. 317
221221
222222
223223
224224 LCO No. 2203 7 of 10
225225
226226 hearing on such claim, send notice of the hearing to all parties involved 173
227227 and proceed accordingly. 174
228228 (c) The child shall be made a party to the action and shall be 175
229229 represented by a guardian ad litem appointed by the court in 176
230230 accordance with section 45a-708. Payment shall be made in accordance 177
231231 with such section from funds appropriated to the Judicial Department, 178
232232 except that, if funds have not been included in the budget of the Judicial 179
233233 Department for such purposes, such payment shall be made from the 180
234234 Probate Court Administration Fund. 181
235235 (d) In the event that the mother or the claimant father is a minor, the 182
236236 court shall appoint a guardian ad litem to represent him or her in 183
237237 accordance with the provisions of section 45a-708. Payment shall be 184
238238 made in accordance with said section from funds appropriated to the 185
239239 Judicial Department, except that, if funds have not been included in the 186
240240 budget of the Judicial Department for such purposes, such payment 187
241241 shall be made from the Probate Court Administration Fund. 188
242242 (e) By filing a claim under this section, the putative father submits to 189
243243 the jurisdiction of the Probate Court. 190
244244 (f) Once alleged parental rights of the father have been adjudicated in 191
245245 his favor under subsection (b) of this section, or acknowledged as 192
246246 provided for under section 46b-172, as amended by this act, his rights 193
247247 and responsibilities shall be equivalent to those of the mother, including 194
248248 those rights defined under section 45a-606. Thereafter, disputes 195
249249 involving custody, visitation or support shall be transferred to the 196
250250 Superior Court under chapter 815j, except that the Probate Court may 197
251251 enter a temporary order for custody, visitation or support until an order 198
252252 is entered by the Superior Court. 199
253253 (g) Failing perfection of parental rights as prescribed by this section, 200
254254 any person claiming to be the father of a child who was born out of 201
255255 wedlock (1) who has not been adjudicated the father of such child by a 202
256256 court of competent jurisdiction, [or] (2) who has not acknowledged in 203
257257 writing that he is the father of such child, [or] (3) who has not 204 Raised Bill No. 317
258258
259259
260260
261261 LCO No. 2203 8 of 10
262262
263263 contributed regularly to the support of such child, or (4) whose name 205
264264 does not appear on the birth certificate, shall cease to be a legal party in 206
265265 interest in any proceeding concerning the custody or welfare of the 207
266266 child, including, but not limited to, guardianship and adoption, unless 208
267267 he has shown a reasonable degree of interest, concern or responsibility 209
268268 for the child's welfare. 210
269269 (h) Notwithstanding the provisions of this section, after the death of 211
270270 the father of a child born out of wedlock, a party deemed by the court 212
271271 to have a sufficient interest may file a claim for paternity on behalf of 213
272272 such father with the Probate Court for the district in which either the 214
273273 putative father resided or the party filing the claim resides. If a claim for 215
274274 paternity is filed pursuant to this subsection, the Probate Court shall 216
275275 schedule a hearing on such claim, send notice of the hearing to all parties 217
276276 involved and proceed accordingly. 218
277277 (i) (1) Except as provided in subdivisions (2) and (3) of this subsection, 219
278278 a judgment of paternity entered under this section may not be opened 220
279279 or set aside unless a motion to open or set aside is filed with the Probate 221
280280 Court district that entered such judgment not later than four months 222
281281 after the date on which it was entered, and only upon a showing of 223
282282 reasonable cause, or that a valid defense to the claim for a judgment of 224
283283 paternity existed, in whole or in part, at the time judgment was entered, 225
284284 and that the person seeking to open or set aside such judgment was 226
285285 prevented by mistake, accident or other reasonable cause from making 227
286286 a valid defense. The Probate Court may not order genetic testing to 228
287287 determine paternity unless and until the court determines that the 229
288288 person seeking to open or set aside the judgment of paternity pursuant 230
289289 to this subdivision has made such a showing of reasonable cause or 231
290290 established the existence of a valid defense. 232
291291 (2) The Probate Court in the district where a judgment of paternity 233
292292 was entered pursuant to this section may consider a motion to open or 234
293293 set aside such judgment filed more than four months after such 235
294294 judgment was rendered if such court determines that the judgment was 236
295295 rendered due to fraud, duress or material mistake of fact, with the 237 Raised Bill No. 317
296296
297297
298298
299299 LCO No. 2203 9 of 10
300300
301301 burden of proof on the person seeking to open or set aside such 238
302302 judgment. Such court may not order genetic testing to determine 239
303303 paternity unless and until the court determines that the person seeking 240
304304 to open or set aside the judgment of paternity under this subdivision 241
305305 has met such burden. 242
306306 (3) If such court determines that the person seeking to open or set 243
307307 aside a judgment of paternity under subdivision (2) of this subsection 244
308308 has met his or her burden of demonstrating fraud, duress or material 245
309309 mistake of fact, such court shall set aside the judgment only upon 246
310310 determining that doing so is in the best interest of the child. In 247
311311 evaluating the best interest of the child, the court may consider, but shall 248
312312 not be limited to, the following factors: 249
313313 (A) Any genetic information available to the court concerning 250
314314 paternity; 251
315315 (B) The past relationship between the child and (i) the person 252
316316 previously adjudged father of the child, and (ii) such person's family; 253
317317 (C) The child's future interests in knowing the identity of his or her 254
318318 biological father; 255
319319 (D) The child's potential emotional and financial support from his or 256
320320 her biological father; and 257
321321 (E) Any potential harm the child may suffer by disturbing the 258
322322 judgment of paternity, including loss of a parental relationship and loss 259
323323 of financial support. 260
324324 (4) Upon the filing of any motion to open and set aside a judgment of 261
325325 paternity filed pursuant to this subsection, the Probate Court shall 262
326326 schedule a hearing on the motion and provide notice of the hearing and 263
327327 a copy of the motion to all interested parties, including the Attorney 264
328328 General. 265
329329 (5) During the pendency of any motion to open or set aside a 266
330330 judgment of paternity filed pursuant to this subsection, any 267 Raised Bill No. 317
331331
332332
333333
334334 LCO No. 2203 10 of 10
335335
336336 responsibilities arising from such earlier judgment shall continue, 268
337337 except for good cause shown. 269
338338 This act shall take effect as follows and shall amend the following
339339 sections:
340340
341341 Section 1 October 1, 2020 46b-171(b)
342342 Sec. 2 October 1, 2020 46b-172(a)
343343 Sec. 3 October 1, 2020 46b-172a
344344
345345 Statement of Purpose:
346346 To clarify court procedures with respect to the opening or setting aside
347347 of a paternity judgment entered by the Superior Court, a family support
348348 magistrate or the Probate Court.
349349 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
350350 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
351351 underlined.]
352352