LCO 3766 \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00940-R01-
SB.docx
1 of 5
General Assembly Raised Bill No. 940
January Session, 2021
LCO No. 3766
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING ST ATE AGENCY COMPLIANC E WITH
PROBATE COURT ORDERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2021) (a) Each state agency that 1
is a party to a Probate Court proceeding shall recognize, apply and 2
enforce any order, denial or decree of a Probate Court that is applicable 3
to any determination made by the state agency in a contested case. Any 4
party aggrieved by an order, denial or decree of a Probate Court that is 5
applicable to such a determination may appeal therefrom to the 6
Superior Court in accordance with section 45a-186 of the general 7
statutes, as amended by this act. 8
(b) For the purposes of this section, "state agency" means an agency, 9
as defined in section 4-166 of the general statutes, and "contested case" 10
has the same meaning as provided in section 4-166 of the general 11
statutes. 12
Sec. 2. Section 45a-186 of the general statutes is repealed and the 13
following is substituted in lieu thereof (Effective October 1, 2021): 14 Raised Bill No. 940
LCO 3766 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00940-
R01-SB.docx }
2 of 5
(a) As used in this section and section 45a-187, "electronic service" has 15
the same meaning as provided in section 45a-136f. 16
(b) Any person aggrieved by an order, denial or decree of a Probate 17
Court may appeal therefrom to the Superior Court. An appeal from a 18
matter heard under any provision of section 45a-593, 45a-594, 45a-595 19
or 45a-597, sections 45a-644 to 45a-677, inclusive, or sections 45a-690 to 20
[45a-705] 45a-705a, inclusive, shall be filed not later than forty-five days 21
after the date on which the Probate Court sent the order, denial or 22
decree. Except as provided in sections 45a-187 and 45a-188, an appeal 23
from an order, denial or decree in any other matter shall be filed on or 24
before the thirtieth day after the date on which the Probate Court sent 25
the order, denial or decree. The appeal period shall be calculated from 26
the date on which the court sent the order, denial or decree by mail or 27
the date on which the court transmitted the order, denial or decree by 28
electronic service, whichever is later. 29
(c) An appeal shall be commenced by filing a complaint in the 30
Superior Court in the judicial district in which such Probate Court is 31
located, or, if the Probate Court is located in a probate district that is in 32
more than one judicial district, by filing a complaint in a superior court 33
that is located in a judicial district in which any portion of the probate 34
district is located, except that (1) an appeal under subsection (b) of 35
section 12-359, subsection (b) of section 12-367, [or] subsection (b) of 36
section 12-395 or section 1 of this act shall be filed in the judicial district 37
of Hartford, and (2) an appeal in a matter concerning removal of a 38
parent as guardian, termination of parental rights or adoption shall be 39
filed in any superior court for juvenile matters having jurisdiction over 40
matters arising in any town within such probate district. The complaint 41
shall state the reasons for the appeal. A copy of the order, denial or 42
decree appealed from shall be attached to the complaint. 43
(d) An appeal from a decision rendered in any case after a recording 44
of the proceedings is made under section 17a-498, 17a-543, 17a-543a or 45
17a-685, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-46
73, shall be on the record and shall not be a trial de novo. 47 Raised Bill No. 940
LCO 3766 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00940-
R01-SB.docx }
3 of 5
(e) Each person who files an appeal pursuant to this section shall 48
serve a copy of the complaint on each interested party. The failure of 49
any person to make such service shall not deprive the Superior Court of 50
jurisdiction over the appeal. Notwithstanding the provisions of section 51
52-50, service of the copy of the complaint shall be by state marshal, 52
constable or an indifferent person. Service shall be in hand or by leaving 53
a copy at the place of residence of the interested party being served or 54
at the address for the interested party on file with the Probate Court, 55
except that service on a respondent or conserved person in an appeal 56
from an action under part IV of chapter 802h shall be in hand by a state 57
marshal, constable or an indifferent person. 58
(f) In addition to the notice given under subsection (e) of this section, 59
each person who files an appeal pursuant to this section shall mail a 60
copy of the complaint to the Probate Court that rendered the order, 61
denial or decree appealed from. The Probate Court and the probate 62
judge that rendered the order, denial or decree appealed from shall not 63
be made parties to the appeal and shall not be named in the complaint 64
as parties. 65
(g) Not later than fifteen days after a person files an appeal under this 66
section, the person who filed the appeal shall file or cause to be filed 67
with the clerk of the Superior Court a document containing (1) the name, 68
address and signature of the person making service, and (2) a statement 69
of the date and manner in which a copy of the complaint was served on 70
each interested party and mailed to the Probate Court that rendered the 71
order, denial or decree appealed from. 72
(h) If service has not been made on an interested party, the Superior 73
Court, on motion, shall make such orders of notice of the appeal as are 74
reasonably calculated to notify any necessary party not yet served. 75
(i) A hearing in an appeal from probate proceedings under section 76
17a-77, 17a-80, 17a-498, 17a-510, 17a-511, 17a-543, 17a-543a, 17a-685, 45a-77
650, 45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, 45a-699, 45a-78
703, [or] 45a-717 or section 1 of this act shall commence, unless a stay 79 Raised Bill No. 940
LCO 3766 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00940-
R01-SB.docx }
4 of 5
has been issued pursuant to subsection (j) of this section, not later than 80
ninety days after the appeal has been filed. 81
(j) The filing of an appeal under this section shall not, of itself, stay 82
enforcement of the order, denial or decree from which the appeal is 83
taken. A motion for a stay may be made to the Probate Court or the 84
Superior Court. The filing of a motion with the Probate Court shall not 85
preclude action by the Superior Court. 86
(k) Nothing in this section shall prevent any person aggrieved by any 87
order, denial or decree of a Probate Court in any matter, unless 88
otherwise specially provided by law, from filing a petition for a writ of 89
habeas corpus, a petition for termination of involuntary representation 90
or a petition for any other available remedy. 91
(l) (1) Except for matters described in subdivision (3) of this 92
subsection, in any appeal filed under this section, the appeal may be 93
referred by the Superior Court to a special assignment probate judge 94
appointed in accordance with section 45a-79b, who is assigned by the 95
Probate Court Administrator for the purposes of such appeal, except 96
that such appeal shall be heard by the Superior Court if any party files 97
a demand for such hearing in writing with the Superior Court not later 98
than twenty days after service of the appeal. 99
(2) An appeal referred to a special assignment probate judge 100
pursuant to this subsection shall proceed in accordance with the rules 101
for references set forth in the rules of the judges of the Superior Court. 102
(3) The following matters shall not be referred to a special assignment 103
probate judge pursuant to this subsection: Appeals (A) under sections 104
17a-75 to 17a-83, inclusive, section 17a-274, sections 17a-495 to 17a-528, 105
inclusive, sections 17a-543, 17a-543a, 17a-685 to 17a-688, inclusive, (B) of 106
children's matters as defined in subsection (a) of section 45a-8a, (C) 107
under section 1 of this act, (D) under sections 45a-644 to 45a-663, 108
inclusive, [45a-668] 45a-669 to 45a-683, inclusive, and 45a-690 to 45a-700, 109
inclusive, and (E) any matter in a Probate Court heard on the record in 110 Raised Bill No. 940
LCO 3766 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00940-
R01-SB.docx }
5 of 5
accordance with sections 51-72 and 51-73. 111
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 New section
Sec. 2 October 1, 2021 45a-186
JUD Joint Favorable