| 14 | | - | Section 1. (NEW) (Effective October 1, 2021) (a) Each state agency shall |
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| 15 | | - | recognize, apply and honor any order, denial or decree of a Probate |
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| 16 | | - | Court that such court is statutorily authorized to issue. Any party |
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| 17 | | - | aggrieved by such an order, denial or decree of a Probate Court may |
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| 18 | | - | appeal therefrom to the Superior Court in accordance with section 45a- |
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| 19 | | - | 186 of the general statutes, as amended by this act. |
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| 20 | | - | (b) For the purposes of this section, "state agency" means an agency, |
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| 21 | | - | as defined in section 4-166 of the general statutes. |
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| 22 | | - | Sec. 2. Section 45a-186 of the general statutes is repealed and the |
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| 23 | | - | following is substituted in lieu thereof (Effective October 1, 2021): |
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| 24 | | - | (a) As used in this section and section 45a-187, "electronic service" has |
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| 25 | | - | the same meaning as provided in section 45a-136f. |
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| 26 | | - | (b) Any person aggrieved by an order, denial or decree of a Probate |
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| 27 | | - | Court may appeal therefrom to the Superior Court. An appeal from a |
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| 28 | | - | matter heard under any provision of section 45a-593, 45a-594, 45a-595 |
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| 29 | | - | or 45a-597, sections 45a-644 to 45a-677, inclusive, or sections 45a-690 to Senate Bill No. 940 |
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| 25 | + | Section 1. (NEW) (Effective October 1, 2021) (a) Each state agency that 1 |
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| 26 | + | is a party to a Probate Court proceeding shall recognize, apply and 2 |
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| 27 | + | enforce any order, denial or decree of a Probate Court that is applicable 3 |
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| 28 | + | to any determination made by the state agency in a contested case. Any 4 |
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| 29 | + | party aggrieved by an order, denial or decree of a Probate Court that is 5 |
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| 30 | + | applicable to such a determination may appeal therefrom to the 6 |
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| 31 | + | Superior Court in accordance with section 45a-186 of the general 7 |
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| 32 | + | statutes, as amended by this act. 8 |
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| 33 | + | (b) For the purposes of this section, "state agency" means an agency, 9 |
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| 34 | + | as defined in section 4-166 of the general statutes, and "contested case" 10 |
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| 35 | + | has the same meaning as provided in section 4-166 of the general 11 |
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| 36 | + | statutes. 12 |
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| 37 | + | Sec. 2. Section 45a-186 of the general statutes is repealed and the 13 |
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| 38 | + | following is substituted in lieu thereof (Effective October 1, 2021): 14 Raised Bill No. 940 |
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| 33 | | - | [45a-705] 45a-705a, inclusive, shall be filed not later than forty-five days |
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| 34 | | - | after the date on which the Probate Court sent the order, denial or |
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| 35 | | - | decree. Except as provided in sections 45a-187 and 45a-188, an appeal |
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| 36 | | - | from an order, denial or decree in any other matter shall be filed on or |
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| 37 | | - | before the thirtieth day after the date on which the Probate Court sent |
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| 38 | | - | the order, denial or decree. The appeal period shall be calculated from |
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| 39 | | - | the date on which the court sent the order, denial or decree by mail or |
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| 40 | | - | the date on which the court transmitted the order, denial or decree by |
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| 41 | | - | electronic service, whichever is later. |
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| 42 | | - | (c) An appeal shall be commenced by filing a complaint in the |
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| 43 | | - | Superior Court in the judicial district in which such Probate Court is |
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| 44 | | - | located, or, if the Probate Court is located in a probate district that is in |
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| 45 | | - | more than one judicial district, by filing a complaint in a superior court |
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| 46 | | - | that is located in a judicial district in which any portion of the probate |
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| 47 | | - | district is located, except that (1) an appeal under subsection (b) of |
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| 48 | | - | section 12-359, subsection (b) of section 12-367, [or] subsection (b) of |
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| 49 | | - | section 12-395 or section 1 of this act shall be filed in the judicial district |
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| 50 | | - | of Hartford, and (2) an appeal in a matter concerning removal of a |
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| 51 | | - | parent as guardian, termination of parental rights or adoption shall be |
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| 52 | | - | filed in any superior court for juvenile matters having jurisdiction over |
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| 53 | | - | matters arising in any town within such probate district. The complaint |
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| 54 | | - | shall state the reasons for the appeal. A copy of the order, denial or |
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| 55 | | - | decree appealed from shall be attached to the complaint. |
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| 56 | | - | (d) An appeal from a decision rendered in any case after a recording |
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| 57 | | - | of the proceedings is made under section 17a-498, 17a-543, 17a-543a or |
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| 58 | | - | 17a-685, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51- |
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| 59 | | - | 73, shall be on the record and shall not be a trial de novo. |
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| 60 | | - | (e) Each person who files an appeal pursuant to this section shall |
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| 61 | | - | serve a copy of the complaint on each interested party. The failure of |
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| 62 | | - | any person to make such service shall not deprive the Superior Court of |
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| 63 | | - | jurisdiction over the appeal. Notwithstanding the provisions of section Senate Bill No. 940 |
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| 41 | + | LCO 3766 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00940- |
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| 42 | + | R01-SB.docx } |
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| 43 | + | 2 of 5 |
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| 65 | | - | Public Act No. 21-183 3 of 5 |
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| 45 | + | (a) As used in this section and section 45a-187, "electronic service" has 15 |
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| 46 | + | the same meaning as provided in section 45a-136f. 16 |
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| 47 | + | (b) Any person aggrieved by an order, denial or decree of a Probate 17 |
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| 48 | + | Court may appeal therefrom to the Superior Court. An appeal from a 18 |
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| 49 | + | matter heard under any provision of section 45a-593, 45a-594, 45a-595 19 |
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| 50 | + | or 45a-597, sections 45a-644 to 45a-677, inclusive, or sections 45a-690 to 20 |
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| 51 | + | [45a-705] 45a-705a, inclusive, shall be filed not later than forty-five days 21 |
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| 52 | + | after the date on which the Probate Court sent the order, denial or 22 |
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| 53 | + | decree. Except as provided in sections 45a-187 and 45a-188, an appeal 23 |
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| 54 | + | from an order, denial or decree in any other matter shall be filed on or 24 |
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| 55 | + | before the thirtieth day after the date on which the Probate Court sent 25 |
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| 56 | + | the order, denial or decree. The appeal period shall be calculated from 26 |
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| 57 | + | the date on which the court sent the order, denial or decree by mail or 27 |
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| 58 | + | the date on which the court transmitted the order, denial or decree by 28 |
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| 59 | + | electronic service, whichever is later. 29 |
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| 60 | + | (c) An appeal shall be commenced by filing a complaint in the 30 |
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| 61 | + | Superior Court in the judicial district in which such Probate Court is 31 |
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| 62 | + | located, or, if the Probate Court is located in a probate district that is in 32 |
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| 63 | + | more than one judicial district, by filing a complaint in a superior court 33 |
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| 64 | + | that is located in a judicial district in which any portion of the probate 34 |
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| 65 | + | district is located, except that (1) an appeal under subsection (b) of 35 |
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| 66 | + | section 12-359, subsection (b) of section 12-367, [or] subsection (b) of 36 |
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| 67 | + | section 12-395 or section 1 of this act shall be filed in the judicial district 37 |
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| 68 | + | of Hartford, and (2) an appeal in a matter concerning removal of a 38 |
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| 69 | + | parent as guardian, termination of parental rights or adoption shall be 39 |
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| 70 | + | filed in any superior court for juvenile matters having jurisdiction over 40 |
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| 71 | + | matters arising in any town within such probate district. The complaint 41 |
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| 72 | + | shall state the reasons for the appeal. A copy of the order, denial or 42 |
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| 73 | + | decree appealed from shall be attached to the complaint. 43 |
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| 74 | + | (d) An appeal from a decision rendered in any case after a recording 44 |
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| 75 | + | of the proceedings is made under section 17a-498, 17a-543, 17a-543a or 45 |
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| 76 | + | 17a-685, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-46 |
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| 77 | + | 73, shall be on the record and shall not be a trial de novo. 47 Raised Bill No. 940 |
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| 67 | | - | 52-50, service of the copy of the complaint shall be by state marshal, |
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| 68 | | - | constable or an indifferent person. Service shall be in hand or by leaving |
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| 69 | | - | a copy at the place of residence of the interested party being served or |
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| 70 | | - | at the address for the interested party on file with the Probate Court, |
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| 71 | | - | except that service on a respondent or conserved person in an appeal |
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| 72 | | - | from an action under part IV of chapter 802h shall be in hand by a state |
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| 73 | | - | marshal, constable or an indifferent person. |
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| 74 | | - | (f) In addition to the notice given under subsection (e) of this section, |
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| 75 | | - | each person who files an appeal pursuant to this section shall mail a |
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| 76 | | - | copy of the complaint to the Probate Court that rendered the order, |
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| 77 | | - | denial or decree appealed from. The Probate Court and the probate |
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| 78 | | - | judge that rendered the order, denial or decree appealed from shall not |
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| 79 | | - | be made parties to the appeal and shall not be named in the complaint |
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| 80 | | - | as parties. |
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| 81 | | - | (g) Not later than fifteen days after a person files an appeal under this |
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| 82 | | - | section, the person who filed the appeal shall file or cause to be filed |
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| 83 | | - | with the clerk of the Superior Court a document containing (1) the name, |
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| 84 | | - | address and signature of the person making service, and (2) a statement |
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| 85 | | - | of the date and manner in which a copy of the complaint was served on |
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| 86 | | - | each interested party and mailed to the Probate Court that rendered the |
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| 87 | | - | order, denial or decree appealed from. |
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| 88 | | - | (h) If service has not been made on an interested party, the Superior |
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| 89 | | - | Court, on motion, shall make such orders of notice of the appeal as are |
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| 90 | | - | reasonably calculated to notify any necessary party not yet served. |
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| 91 | | - | (i) A hearing in an appeal from probate proceedings under section |
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| 92 | | - | 17a-77, 17a-80, 17a-498, 17a-510, 17a-511, 17a-543, 17a-543a, 17a-685, 45a- |
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| 93 | | - | 650, 45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, 45a-699, 45a- |
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| 94 | | - | 703, [or] 45a-717 or section 1 of this act shall commence, unless a stay |
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| 95 | | - | has been issued pursuant to subsection (j) of this section, not later than |
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| 96 | | - | ninety days after the appeal has been filed. Senate Bill No. 940 |
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| 100 | | - | (j) The filing of an appeal under this section shall not, of itself, stay |
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| 101 | | - | enforcement of the order, denial or decree from which the appeal is |
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| 102 | | - | taken. A motion for a stay may be made to the Probate Court or the |
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| 103 | | - | Superior Court. The filing of a motion with the Probate Court shall not |
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| 104 | | - | preclude action by the Superior Court. |
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| 105 | | - | (k) Nothing in this section shall prevent any person aggrieved by any |
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| 106 | | - | order, denial or decree of a Probate Court in any matter, unless |
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| 107 | | - | otherwise specially provided by law, from filing a petition for a writ of |
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| 108 | | - | habeas corpus, a petition for termination of involuntary representation |
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| 109 | | - | or a petition for any other available remedy. |
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| 110 | | - | (l) (1) Except for matters described in subdivision (3) of this |
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| 111 | | - | subsection, in any appeal filed under this section, the appeal may be |
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| 112 | | - | referred by the Superior Court to a special assignment probate judge |
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| 113 | | - | appointed in accordance with section 45a-79b, who is assigned by the |
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| 114 | | - | Probate Court Administrator for the purposes of such appeal, except |
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| 115 | | - | that such appeal shall be heard by the Superior Court if any party files |
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| 116 | | - | a demand for such hearing in writing with the Superior Court not later |
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| 117 | | - | than twenty days after service of the appeal. |
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| 118 | | - | (2) An appeal referred to a special assignment probate judge |
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| 119 | | - | pursuant to this subsection shall proceed in accordance with the rules |
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| 120 | | - | for references set forth in the rules of the judges of the Superior Court. |
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| 121 | | - | (3) The following matters shall not be referred to a special assignment |
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| 122 | | - | probate judge pursuant to this subsection: Appeals (A) under sections |
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| 123 | | - | 17a-75 to 17a-83, inclusive, section 17a-274, sections 17a-495 to 17a-528, |
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| 124 | | - | inclusive, sections 17a-543, 17a-543a, 17a-685 to 17a-688, inclusive, (B) of |
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| 125 | | - | children's matters as defined in subsection (a) of section 45a-8a, (C) |
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| 126 | | - | under section 1 of this act, (D) under sections 45a-644 to 45a-663, |
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| 127 | | - | inclusive, [45a-668] 45a-669 to 45a-683, inclusive, and 45a-690 to 45a-700, |
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| 128 | | - | inclusive, and (E) any matter in a Probate Court heard on the record in |
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| 129 | | - | accordance with sections 51-72 and 51-73. Senate Bill No. 940 |
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| 84 | + | (e) Each person who files an appeal pursuant to this section shall 48 |
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| 85 | + | serve a copy of the complaint on each interested party. The failure of 49 |
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| 86 | + | any person to make such service shall not deprive the Superior Court of 50 |
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| 87 | + | jurisdiction over the appeal. Notwithstanding the provisions of section 51 |
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| 88 | + | 52-50, service of the copy of the complaint shall be by state marshal, 52 |
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| 89 | + | constable or an indifferent person. Service shall be in hand or by leaving 53 |
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| 90 | + | a copy at the place of residence of the interested party being served or 54 |
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| 91 | + | at the address for the interested party on file with the Probate Court, 55 |
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| 92 | + | except that service on a respondent or conserved person in an appeal 56 |
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| 93 | + | from an action under part IV of chapter 802h shall be in hand by a state 57 |
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| 94 | + | marshal, constable or an indifferent person. 58 |
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| 95 | + | (f) In addition to the notice given under subsection (e) of this section, 59 |
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| 96 | + | each person who files an appeal pursuant to this section shall mail a 60 |
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| 97 | + | copy of the complaint to the Probate Court that rendered the order, 61 |
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| 98 | + | denial or decree appealed from. The Probate Court and the probate 62 |
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| 99 | + | judge that rendered the order, denial or decree appealed from shall not 63 |
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| 100 | + | be made parties to the appeal and shall not be named in the complaint 64 |
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| 101 | + | as parties. 65 |
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| 102 | + | (g) Not later than fifteen days after a person files an appeal under this 66 |
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| 103 | + | section, the person who filed the appeal shall file or cause to be filed 67 |
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| 104 | + | with the clerk of the Superior Court a document containing (1) the name, 68 |
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| 105 | + | address and signature of the person making service, and (2) a statement 69 |
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| 106 | + | of the date and manner in which a copy of the complaint was served on 70 |
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| 107 | + | each interested party and mailed to the Probate Court that rendered the 71 |
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| 108 | + | order, denial or decree appealed from. 72 |
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| 109 | + | (h) If service has not been made on an interested party, the Superior 73 |
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| 110 | + | Court, on motion, shall make such orders of notice of the appeal as are 74 |
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| 111 | + | reasonably calculated to notify any necessary party not yet served. 75 |
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| 112 | + | (i) A hearing in an appeal from probate proceedings under section 76 |
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| 113 | + | 17a-77, 17a-80, 17a-498, 17a-510, 17a-511, 17a-543, 17a-543a, 17a-685, 45a-77 |
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| 114 | + | 650, 45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, 45a-699, 45a-78 |
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| 115 | + | 703, [or] 45a-717 or section 1 of this act shall commence, unless a stay 79 Raised Bill No. 940 |
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| 118 | + | LCO 3766 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00940- |
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| 119 | + | R01-SB.docx } |
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| 120 | + | 4 of 5 |
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| 121 | + | |
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| 122 | + | has been issued pursuant to subsection (j) of this section, not later than 80 |
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| 123 | + | ninety days after the appeal has been filed. 81 |
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| 124 | + | (j) The filing of an appeal under this section shall not, of itself, stay 82 |
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| 125 | + | enforcement of the order, denial or decree from which the appeal is 83 |
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| 126 | + | taken. A motion for a stay may be made to the Probate Court or the 84 |
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| 127 | + | Superior Court. The filing of a motion with the Probate Court shall not 85 |
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| 128 | + | preclude action by the Superior Court. 86 |
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| 129 | + | (k) Nothing in this section shall prevent any person aggrieved by any 87 |
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| 130 | + | order, denial or decree of a Probate Court in any matter, unless 88 |
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| 131 | + | otherwise specially provided by law, from filing a petition for a writ of 89 |
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| 132 | + | habeas corpus, a petition for termination of involuntary representation 90 |
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| 133 | + | or a petition for any other available remedy. 91 |
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| 134 | + | (l) (1) Except for matters described in subdivision (3) of this 92 |
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| 135 | + | subsection, in any appeal filed under this section, the appeal may be 93 |
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| 136 | + | referred by the Superior Court to a special assignment probate judge 94 |
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| 137 | + | appointed in accordance with section 45a-79b, who is assigned by the 95 |
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| 138 | + | Probate Court Administrator for the purposes of such appeal, except 96 |
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| 139 | + | that such appeal shall be heard by the Superior Court if any party files 97 |
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| 140 | + | a demand for such hearing in writing with the Superior Court not later 98 |
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| 141 | + | than twenty days after service of the appeal. 99 |
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| 142 | + | (2) An appeal referred to a special assignment probate judge 100 |
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| 143 | + | pursuant to this subsection shall proceed in accordance with the rules 101 |
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| 144 | + | for references set forth in the rules of the judges of the Superior Court. 102 |
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| 145 | + | (3) The following matters shall not be referred to a special assignment 103 |
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| 146 | + | probate judge pursuant to this subsection: Appeals (A) under sections 104 |
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| 147 | + | 17a-75 to 17a-83, inclusive, section 17a-274, sections 17a-495 to 17a-528, 105 |
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| 148 | + | inclusive, sections 17a-543, 17a-543a, 17a-685 to 17a-688, inclusive, (B) of 106 |
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| 149 | + | children's matters as defined in subsection (a) of section 45a-8a, (C) 107 |
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| 150 | + | under section 1 of this act, (D) under sections 45a-644 to 45a-663, 108 |
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| 151 | + | inclusive, [45a-668] 45a-669 to 45a-683, inclusive, and 45a-690 to 45a-700, 109 |
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| 152 | + | inclusive, and (E) any matter in a Probate Court heard on the record in 110 Raised Bill No. 940 |
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| 153 | + | |
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| 154 | + | |
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| 155 | + | LCO 3766 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00940- |
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| 156 | + | R01-SB.docx } |
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| 157 | + | 5 of 5 |
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| 158 | + | |
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| 159 | + | accordance with sections 51-72 and 51-73. 111 |
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| 160 | + | This act shall take effect as follows and shall amend the following |
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| 161 | + | sections: |
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| 162 | + | |
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| 163 | + | Section 1 October 1, 2021 New section |
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| 164 | + | Sec. 2 October 1, 2021 45a-186 |
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| 165 | + | |
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| 166 | + | |
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| 167 | + | JUD Joint Favorable |
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