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General Assembly Raised Bill No. 959
January Session, 2021
LCO No. 3911
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING PR OBATE COURT OPERATIO NS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 45a-106a of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective July 1, 2
2021): 3
(b) The fee to file each of the following motions, petitions or 4
applications in a Probate Court is two hundred fifty dollars: 5
(1) With respect to a minor child: (A) Appoint a temporary guardian, 6
temporary custodian, guardian, coguardian, permanent guardian or 7
statutory parent, (B) remove a guardian, including the appointment of 8
another guardian, (C) reinstate a parent as guardian, (D) terminate 9
parental rights, including the appointment of a guardian or statutory 10
parent, (E) grant visitation, (F) make findings regarding special 11
immigrant juvenile status, (G) approve placement of a child for 12
adoption outside this state, (H) approve an adoption, (I) validate a 13
foreign adoption, (J) review, modify or enforce a cooperative 14
postadoption agreement, (K) review an order concerning contact 15 Raised Bill No. 959
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between an adopted child and his or her siblings, (L) resolve a dispute 16
concerning a standby guardian, (M) approve a plan for voluntary 17
services provided by the Department of Children and Families, (N) 18
determine whether the termination of voluntary services provided by 19
the Department of Children and Families is in accordance with 20
applicable regulations, (O) conduct an in-court review to modify an 21
order, (P) grant emancipation, (Q) grant approval to marry, (R) transfer 22
funds to a custodian under sections 45a-557 to 45a-560b, inclusive, (S) 23
appoint a successor custodian under section 45a-559c, (T) resolve a 24
dispute concerning custodianship under sections 45a-557 to 45a-560b, 25
inclusive, and (U) grant authority to purchase real estate; 26
(2) Determine paternity; 27
(3) Determine the age and date of birth of an adopted person born 28
outside the United States; 29
(4) With respect to adoption records: (A) Appoint a guardian ad litem 30
for a biological relative who cannot be located or appears to be 31
incompetent, (B) appeal the refusal of an agency to release information, 32
(C) release medical information when required for treatment, and (D) 33
grant access to an original birth certificate; 34
(5) Approve an adult adoption; 35
(6) With respect to a conservatorship: (A) Appoint a temporary 36
conservator, conservator or special limited conservator, (B) change 37
residence, terminate a tenancy or lease, sell or dispose household 38
furnishings, or place in a long-term care facility, (C) determine 39
competency to vote, (D) approve a support allowance for a spouse, (E) 40
grant authority to elect the spousal share, (F) grant authority to purchase 41
real estate, (G) give instructions regarding administration of a joint asset 42
or liability, (H) distribute gifts, (I) grant authority to consent to 43
involuntary medication, (J) determine whether informed consent has 44
been given for voluntary admission to a hospital for psychiatric 45
disabilities, (K) determine life-sustaining medical treatment, (L) transfer 46 Raised Bill No. 959
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to or from another state, (M) modify the conservatorship in connection 47
with a periodic review, (N) excuse accounts under rules of procedure 48
approved by the Supreme Court under section 45a-78, (O) terminate the 49
conservatorship, and (P) grant a writ of habeas corpus; 50
(7) With respect to a power of attorney: (A) Compel an account by an 51
agent, (B) review the conduct of an agent, (C) construe the power of 52
attorney, and (D) mandate acceptance of the power of attorney; 53
(8) Resolve a dispute concerning advance directives or life-sustaining 54
medical treatment when the individual does not have a conservator or 55
guardian; 56
(9) With respect to an elderly person, as defined in section 17b-450: 57
(A) Enjoin an individual from interfering with the provision of 58
protective services to such elderly person, and (B) authorize the 59
Commissioner of Social Services to enter the premises of such elderly 60
person to determine whether such elderly person needs protective 61
services; 62
(10) With respect to an adult with intellectual disability: (A) Appoint 63
a temporary limited guardian, guardian or standby guardian, (B) grant 64
visitation, (C) determine competency to vote, (D) modify the 65
guardianship in connection with a periodic review, (E) determine life-66
sustaining medical treatment, (F) approve an involuntary placement, 67
(G) review an involuntary placement, (H) authorize a guardian to 68
manage the finances of such adult, and (I) grant a writ of habeas corpus; 69
(11) With respect to psychiatric disability: (A) Commit an individual 70
for treatment, (B) issue a warrant for examination of an individual at a 71
general hospital, (C) determine whether there is probable cause to 72
continue an involuntary confinement, (D) review an involuntary 73
confinement for possible release, (E) authorize shock therapy, (F) 74
authorize medication for treatment of psychiatric disability, (G) review 75
the status of an individual under the age of sixteen as a voluntary 76
patient, and (H) recommit an individual under the age of sixteen for 77 Raised Bill No. 959
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further treatment; 78
(12) With respect to drug or alcohol dependency: (A) Commit an 79
individual for treatment, (B) recommit an individual for further 80
treatment, and (C) terminate an involuntary confinement; 81
(13) With respect to tuberculosis: (A) Commit an individual for 82
treatment, (B) issue a warrant to enforce an examination order, and (C) 83
terminate an involuntary confinement; 84
(14) Compel an account by the trustee of an inter vivos trust, 85
custodian under sections 45a-557 to 45a-560b, inclusive, or treasurer of 86
an ecclesiastical society or cemetery association; 87
(15) With respect to a testamentary or inter vivos trust: (A) Construe, 88
validate, divide, combine, reform, modify or terminate the trust, (B) 89
enforce the provisions of a pet trust, [and] (C) excuse a final account 90
under rules of procedure approved by the Supreme Court under section 91
45a-78, and (D) assume jurisdiction of an out-of-state trust; 92
(16) Authorize a fiduciary to establish a trust; 93
(17) Appoint a trustee for a missing person; 94
(18) Change a person's name; 95
(19) Issue an order to amend the birth certificate of an individual born 96
in another state to reflect a gender change; 97
(20) Require the Department of Public Health to issue a delayed birth 98
certificate; 99
(21) Compel the board of a cemetery association to disclose the 100
minutes of the annual meeting; 101
(22) Issue an order to protect a grave marker; 102
(23) Restore rights to purchase, possess and transport firearms; 103 Raised Bill No. 959
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(24) Issue an order permitting sterilization of an individual; 104
(25) Approve the transfer of structured settlement payment rights; 105
and 106
(26) With respect to any case in a Probate Court other than a 107
decedent's estate: (A) Compel or approve an action by the fiduciary, (B) 108
give [advice or] instruction to the fiduciary, (C) authorize a fiduciary to 109
compromise a claim, (D) list, sell or mortgage real property, (E) 110
determine title to property, (F) resolve a dispute between cofiduciaries 111
or among fiduciaries, (G) remove a fiduciary, (H) appoint a successor 112
fiduciary or fill a vacancy in the office of fiduciary, (I) approve fiduciary 113
or attorney's fees, (J) apply the doctrine of cy pres or approximation, (K) 114
reconsider, modify or revoke an order, and (L) decide an action on a 115
probate bond. 116
Sec. 2. Subsection (c) of section 45a-106a of the general statutes is 117
repealed and the following is substituted in lieu thereof (Effective July 1, 118
2021): 119
(c) The fee to file a petition for custody of the remains of a deceased 120
person in a Probate Court is one hundred fifty dollars, except that the 121
court shall waive the fee if the state is obligated to pay funeral and burial 122
expenses under section 17b-84 or 17b-131. 123
Sec. 3. Subdivision (4) of subsection (b) of section 45a-107 of the 124
general statutes is repealed and the following is substituted in lieu 125
thereof (Effective July 1, 2021): 126
(4) In any matter in which the Commissioner of Administrative 127
Services is the legal representative of the estate pursuant to section 4a-128
16, the fee shall be the lesser of (A) the amount calculated under 129
subdivisions (1) and (2) of this subsection, or (B) the amount collected 130
by the Commissioner of Administrative Services after paying the 131
expense of funeral and burial in accordance with section 17b-84 or 17b-132
131. 133 Raised Bill No. 959
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Sec. 4. Subdivision (4) of subsection (c) of section 45a-107 of the 134
general statutes is repealed and the following is substituted in lieu 135
thereof (Effective July 1, 2021): 136
(4) In any matter in which the Commissioner of Administrative 137
Services is the legal representative of the estate pursuant to section 4a-138
16, the fee shall be the lesser of (A) the amount calculated under 139
subdivisions (1) and (2) of this subsection, or (B) the amount collected 140
by the Commissioner of Administrative Services after paying the 141
expense of funeral and burial in accordance with section 17b-84 or 17b-142
131. 143
Sec. 5. Section 45a-111 of the general statutes is repealed and the 144
following is substituted in lieu thereof (Effective July 1, 2021): 145
(a) No fee or expense shall be charged for any proceedings in the 146
settlement of the estate of any member of the armed forces who died 147
while in service in time of war as defined in section 27-103. 148
(b) No fees or expenses shall be charged under sections [45a-107] 45a-149
106a to 45a-112, inclusive, as amended by this act, or under section 45a-150
727 for adoption proceedings involving special needs children. 151
(c) If a petitioner or applicant to a Probate Court claims that unless 152
his or her obligation to pay the fees and the necessary expenses of the 153
action, including the expense of service of process, is waived, such 154
petitioner or applicant will be deprived by reason of his or her indigency 155
of his or her right to bring a petition or application to such court or that 156
he or she is otherwise unable to pay the fees and necessary expenses of 157
the action, he or she may file with the clerk of such Probate Court an 158
application for waiver of payment of such fees and necessary expenses. 159
Such application shall be signed under penalty of false statement, shall 160
state the applicant's financial circumstances, and shall identify the fees 161
and expenses sought to be waived and the approximate amount of each. 162
If the court finds that the applicant is unable to pay such fees and 163
expenses, it shall order such fees and expenses waived. If such expenses 164 Raised Bill No. 959
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include the expense of service of process, the court, in its order, shall 165
indicate the method of service authorized and the expense of such 166
service shall be paid from funds appropriated to the Judicial 167
Department, except that, if funds have not been included in the budget 168
of the Judicial Department for such expenses, such expenses shall be 169
paid from the Probate Court Administration Fund. 170
(d) The court may, in its discretion, postpone payment of any [entry] 171
filing fee or other fee or expense due under sections [45a-107] 45a-106a 172
to 45a-112, inclusive, as amended by this act, and enter any matter if it 173
appears to the court that to require such [entry] filing fee or other fee or 174
expense to accompany submission of the matter would cause undue 175
delay or hardship, but in such case the applicant, petitioner or moving 176
party shall be liable for the [entry] filing fee and all other fees and 177
expenses upon receipt of an invoice therefor from the court. 178
(e) Any fee or expense charged under the provisions of sections [45a-179
107] 45a-106a to 45a-112, inclusive, as amended by this act, shall not be 180
subject to the tax imposed under chapter 219. 181
Sec. 6. Section 45a-112 of the general statutes is repealed and the 182
following is substituted in lieu thereof (Effective July 1, 2021): 183
When the state or any of its agencies is an applicant, petitioner or 184
moving party commencing a matter in a Probate Court, or is otherwise 185
liable for the fees or expenses under sections [45a-107] 45a-106a to 45a-186
112, inclusive, as amended by this act, the court shall accept such matter 187
without the [entry] filing fee accompanying the filing thereof, and shall 188
bill the [entry] filing fee or other fee or expense to the appropriate 189
agency for subsequent payment, which payment shall be due and 190
payable upon receipt of such bill. 191
Sec. 7. Section 45a-113a of the general statutes is repealed and the 192
following is substituted in lieu thereof (Effective July 1, 2021): 193
Whenever a Probate Court determines that a refund is due an 194
applicant, petitioner, moving party or other person for any 195 Raised Bill No. 959
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overpayment of costs, fees, charges or expenses incurred under the 196
provisions of sections [45a-107] 45a-106a to 45a-112, inclusive, as 197
amended by this act, the Probate Court Administrator shall, upon 198
receipt of certification of such overpayment by the Probate Court that 199
issued the invoice for such costs, fees, charges or expenses, cause a 200
refund of such overpayment to be issued from the Probate Court 201
Administration Fund. 202
Sec. 8. Section 45a-113b of the general statutes is repealed and the 203
following is substituted in lieu thereof (Effective July 1, 2021): 204
Each court of probate may allow the payment of any fees charged by 205
such court by means of a credit card, charge card, [or] debit card or an 206
electronic funds transfer and may charge the person making such 207
payment a service fee for any such payment made by any such card or 208
electronic funds transfer. The fee shall not exceed any charge by the card 209
issuer or processing fee for electronic funds transfer, including any 210
discount rate. 211
Sec. 9. Subsections (d) to (l), inclusive, of section 45a-186 of the 212
general statutes are repealed and the following is substituted in lieu 213
thereof (Effective July 1, 2021): 214
(d) An appeal from a decision rendered in any case after a recording 215
of the proceedings is made under section 17a-498, 17a-543, 17a-543a, [or] 216
17a-685, or 19a-131b, sections 45a-644 to 45a-667v, inclusive, or section 217
51-72 or 51-73, shall be on the record and shall not be a trial de novo. 218
(e) Each person who files an appeal pursuant to this section shall 219
serve a copy of the complaint on each interested party. The failure of 220
any person to make such service shall not deprive the Superior Court of 221
jurisdiction over the appeal. Notwithstanding the provisions of section 222
52-50, service of the copy of the complaint shall be by state marshal, 223
constable or an indifferent person. Service shall be in hand or by leaving 224
a copy at the place of residence of the interested party being served or 225
at the address for the interested party on file with the Probate Court, 226 Raised Bill No. 959
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except that service on a respondent or conserved person in an appeal 227
from an action under part IV of chapter 802h shall be in hand by a state 228
marshal, constable or an indifferent person. 229
(f) In addition to the notice given under subsection (e) of this section, 230
each person who files an appeal pursuant to this section shall mail a 231
copy of the complaint to the Probate Court that rendered the order, 232
denial or decree appealed from. The Probate Court and the probate 233
judge that rendered the order, denial or decree appealed from shall not 234
be made parties to the appeal and shall not be named in the complaint 235
as parties. 236
(g) Not later than fifteen days after a person files an appeal under this 237
section, the person who filed the appeal shall file or cause to be filed 238
with the clerk of the Superior Court a document containing (1) the name, 239
address and signature of the person making service, and (2) a statement 240
of the date and manner in which a copy of the complaint was served on 241
each interested party and mailed to the Probate Court that rendered the 242
order, denial or decree appealed from. 243
(h) If service has not been made on an interested party, the Superior 244
Court, on motion, shall make such orders of notice of the appeal as are 245
reasonably calculated to notify any necessary party not yet served. 246
(i) A hearing in an appeal from probate proceedings under section 247
17a-77, 17a-80, 17a-498, 17a-510, 17a-511, 17a-543, 17a-543a, 17a-685, 19a-248
131b, 45a-650, 45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, 45a-249
699, 45a-703 or 45a-717 shall commence, unless a stay has been issued 250
pursuant to subsection (j) of this section, not later than ninety days after 251
the appeal has been filed. 252
(j) The filing of an appeal under this section shall not, of itself, stay 253
enforcement of the order, denial or decree from which the appeal is 254
taken. A motion for a stay may be made to the Probate Court or the 255
Superior Court. The filing of a motion with the Probate Court shall not 256
preclude action by the Superior Court. 257 Raised Bill No. 959
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(k) Nothing in this section shall prevent any person aggrieved by any 258
order, denial or decree of a Probate Court in any matter, unless 259
otherwise specially provided by law, from filing a petition for a writ of 260
habeas corpus, a petition for termination of involuntary representation 261
or a petition for any other available remedy. 262
(l) (1) Except for matters described in subdivision (3) of this 263
subsection, in any appeal filed under this section, the appeal may be 264
referred by the Superior Court to a special assignment probate judge 265
appointed in accordance with section 45a-79b, who is assigned by the 266
Probate Court Administrator for the purposes of such appeal, except 267
that such appeal shall be heard by the Superior Court if any party files 268
a demand for such hearing in writing with the Superior Court not later 269
than twenty days after service of the appeal. 270
(2) An appeal referred to a special assignment probate judge 271
pursuant to this subsection shall proceed in accordance with the rules 272
for references set forth in the rules of the judges of the Superior Court. 273
(3) The following matters shall not be referred to a special assignment 274
probate judge pursuant to this subsection: Appeals under sections 17a-275
75 to 17a-83, inclusive, section 17a-274, sections 17a-495 to 17a-528, 276
inclusive, sections 17a-543, 17a-543a, 17a-685 to 17a-688, inclusive, 19a-277
131b, children's matters as defined in subsection (a) of section 45a-8a, 278
sections 45a-644 to 45a-663, inclusive, 45a-668 to 45a-683, inclusive, and 279
45a-690 to 45a-700, inclusive, and any matter in a Probate Court heard 280
on the record in accordance with sections 51-72 and 51-73. 281
Sec. 10. Section 45a-186a of the general statutes is repealed and the 282
following is substituted in lieu thereof (Effective July 1, 2021): 283
(a) In an appeal from an order, denial or decree of a Probate Court 284
made after a hearing that is on the record under section 17a-498, 17a-285
543, 17a-543a, [or] 17a-685 or 19a-131b, sections 45a-644 to 45a-667v, 286
inclusive, or section 51-72 or 51-73, not later than thirty days after service 287
is made of such appeal under section 45a-186, or within such further 288 Raised Bill No. 959
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time as may be allowed by the Superior Court, the Probate Court shall 289
transcribe any portion of the recording of the proceedings that has not 290
been transcribed. The expense for such transcript shall be charged 291
against the person who filed the appeal, except that if the person who 292
filed the appeal is unable to pay such expense and files an affidavit with 293
the court demonstrating the inability to pay, the expense of the 294
transcript shall be paid by the Probate Court Administrator and paid 295
from the Probate Court Administration Fund. 296
(b) The Probate Court shall transmit to the Superior Court the original 297
or a certified copy of the entire record of the proceeding from which the 298
appeal was taken. The record shall include, but not be limited to, the 299
findings of fact and conclusions of law, separately stated, of the Probate 300
Court. 301
(c) An appeal from an order, denial or decree made after a hearing on 302
the record under section 17a-498, 17a-543, 17a-543a, [or] 17a-685 or 19a-303
131b, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73, 304
shall be heard by the Superior Court without a jury, and may be referred 305
to a state referee appointed under section 51-50l. The appeal shall be 306
confined to the record. If alleged irregularities in procedure before the 307
Probate Court are not shown in the record or if facts necessary to 308
establish such alleged irregularities in procedure are not shown in the 309
record, proof limited to such alleged irregularities may be taken in the 310
Superior Court. The Superior Court, on request of any party, shall hear 311
oral argument and receive written briefs. 312
Sec. 11. Section 45a-186b of the general statutes is repealed and the 313
following is substituted in lieu thereof (Effective July 1, 2021): 314
In an appeal taken under section 45a-186 from a matter heard on the 315
record in the Probate Court under section 17a-498, 17a-543, 17a-543a, 316
[or] 17a-685, or 19a-131b, sections 45a-644 to 45a-667v, inclusive, or 317
section 51-72 or 51-73, the Superior Court shall not substitute its 318
judgment for that of the Probate Court as to the weight of the evidence 319
on questions of fact. The Superior Court shall affirm the decision of the 320 Raised Bill No. 959
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Probate Court unless the Superior Court finds that substantial rights of 321
the person appealing have been prejudiced because the findings, 322
inferences, conclusions or decisions are: (1) In violation of the federal or 323
state constitution or the general statutes, (2) in excess of the statutory 324
authority of the Probate Court, (3) made on unlawful procedure, (4) 325
affected by other error of law, (5) clearly erroneous in view of the 326
reliable, probative and substantial evidence on the whole record, or (6) 327
arbitrary or capricious or characterized by abuse of discretion or clearly 328
unwarranted exercise of discretion. If the Superior Court finds such 329
prejudice, the Superior Court shall sustain the appeal and, if 330
appropriate, may render a judgment that modifies the Probate Court's 331
order, denial or decree or remand the case to the Probate Court for 332
further proceedings. For the purposes of this section, a remand is a final 333
judgment. 334
Sec. 12. Section 45a-597 of the general statutes is repealed and the 335
following is substituted in lieu thereof (Effective July 1, 2021): 336
(a) Upon the death of a [minor] person with respect to whose estate a 337
guardian or conservator has been duly appointed by a [court of probate] 338
Probate Court, has qualified and is acting as such, [and upon the death 339
of a person with respect to whose estate a conservator has been duly 340
appointed, has qualified and is acting as such,] if (1) the estate consists 341
entirely of personalty, and (2) the estate remaining in the hands of the 342
guardian or conservator at the time of the death of the [protected] 343
person is not more than sufficient to pay expenses incurred during the 344
lifetime of the [protected] person and not paid as of the date of death, 345
administration expenses necessary to the settlement of the fiduciary's 346
final account and the funeral expenses, including the cost of a suitable 347
monument and cemetery plot, then such guardian or conservator may 348
pay such expenses and take credit therefor on his final account. The 349
payments shall be subject to the limitations set forth in sections 17b-95 350
and 17b-300. 351
(b) If the estate is less than sufficient to pay all such expenses in full, 352
the provisions of section 45a-365 as to order of payment shall govern. 353 Raised Bill No. 959
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Sec. 13. Subsection (c) of section 46b-172a of the general statutes is 354
repealed and the following is substituted in lieu thereof (Effective July 1, 355
2021): 356
(c) The child shall be made a party to the action. [and] If the child is a 357
minor at the time of the proceedings, the minor child shall be 358
represented by a guardian ad litem appointed by the court in 359
accordance with section 45a-708. Payment for the guardian ad litem 360
shall be made in accordance with such section from funds appropriated 361
to the Judicial Department, except that, if funds have not been included 362
in the budget of the Judicial Department for such purposes, such 363
payment shall be made from the Probate Court Administration Fund. 364
Sec. 14. Subsection (k) of section 17a-11 of the general statutes is 365
repealed and the following is substituted in lieu thereof (Effective July 1, 366
2021): 367
(k) Upon motion of any interested party in a Probate Court 368
proceeding under this section, the Probate Court of record may transfer 369
the file for cause shown to a Probate Court for a district other than the 370
district in which the initial or permanency hearing was held. [The file 371
shall be transferred by the Probate Court of record making copies of all 372
recorded documents in the court file, certifying each of them, and 373
delivering the certified copies to the Probate Court to which the matter 374
is transferred.] Upon issuance of an order to transfer a file under this 375
subsection, the transferring court shall transmit a digital image of each 376
document in the court file to the transferee court using the document 377
management system maintained by the Office of the Probate Court 378
Administrator. The transferee court shall thereupon assume jurisdiction 379
over the voluntary admission in accordance with the provisions of this 380
section. 381
Sec. 15. Subsection (b) of section 17a-274 of the general statutes is 382
repealed and the following is substituted in lieu thereof (Effective July 1, 383
2021): 384 Raised Bill No. 959
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(b) A petition to the Probate Court for placement under this section 385
may be filed by any interested party. The petition and all records of 386
Probate Court proceedings held as a result of the filing of such petition 387
shall be confidential and shall not be open to public inspection by or 388
disclosed to any person, except that (1) such records shall be available 389
to (A) the parties in any such case and their counsel, (B) the Department 390
of Developmental Services, and (C) the [office] Office of the Probate 391
Court Administrator; (2) if the court appoints a legal representative, the 392
names of the legal representative and the protected person shall be 393
public; and (3) the court may, after hearing with notice to the 394
respondent, the respondent's counsel, the legal representative and the 395
Department of Developmental Services, permit records to be disclosed 396
for cause shown. The petition shall allege that the respondent is a person 397
with intellectual disability and (A) is unable to provide for himself or 398
herself at least one of the following: Education, habilitation, care for 399
personal health and mental health needs, meals, clothing, safe shelter or 400
protection from harm; (B) has no family or legal representative or other 401
person to care for the respondent or the respondent's family or the legal 402
representative or other person can no longer provide adequate care for 403
the respondent; (C) is unable to obtain adequate, appropriate services 404
which would enable the respondent to receive care, treatment and 405
education or habilitation without placement by a Probate Court; and (D) 406
is not willing to be placed under the custody and control of the 407
Department of Developmental Services or its agents or voluntary 408
admission has been sought by the legal representative of the respondent 409
and such voluntary admission has been opposed by the protected 410
person or the protected person's next of kin. 411
Sec. 16. Section 45a-9a of the general statutes is repealed and the 412
following is substituted in lieu thereof (Effective July 1, 2021): 413
Any person seeking on-line access to any data processing system 414
operated by the [office] Office of the Probate Court Administrator, or 415
seeking, in any other medium, information stored in such data 416
processing system, may be required to pay to the [office] Office of the 417 Raised Bill No. 959
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Probate Court Administrator an amount, as established in a fee schedule 418
determined by the Probate Court Administrator, for deposit in the 419
Probate Court Administration Fund established in section 45a-82. Such 420
fee schedule may include reasonable charges for personal services, 421
fringe benefits, supplies and any other expenses related to maintaining, 422
improving and providing such data processing services including, but 423
not limited to, program modifications, training expenses, central 424
processor user time and the rental and maintenance of equipment. 425
Sec. 17. Subsection (c) of section 45a-27 of the general statutes is 426
repealed and the following is substituted in lieu thereof (Effective July 1, 427
2021): 428
(c) The curriculum for the courses required by subsection (b) of this 429
section shall be established by the Probate Court Administrator and 430
shall be designed to establish a minimum level of proficiency by judges 431
of probate. The courses shall be given by qualified instructors approved 432
by the Probate Court Administrator. The Probate Court Administrator 433
may waive completion of a course required by subdivision (2) of 434
subsection (b) on demonstration by a probate judge of proficiency in the 435
subject matter. The Probate Court Administrator may, for good cause, 436
allow a probate judge to satisfy a requirement of subsection (b) of this 437
section by auditing, at the [office] Office of the Probate Court 438
Administrator or at such other place as the Probate Court Administrator 439
may designate, instructional tapes approved by the Probate Court 440
Administrator. The Probate Court Administrator shall adopt 441
appropriate time requirements for training of a probate judge elected in 442
a special election and may modify other requirements of this section as 443
circumstances may require. 444
Sec. 18. Subsection (e) of section 45a-65 of the general statutes is 445
repealed and the following is substituted in lieu thereof (Effective July 1, 446
2021): 447
(e) Except as provided in subsections (g) and (h) of section 45a-63, all 448
decisions of the council shall be public record and shall be available for 449 Raised Bill No. 959
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inspection at the [office] Office of the Probate Court Administrator. 450
Sec. 19. Subsection (d) of section 45a-68 of the general statutes is 451
repealed and the following is substituted in lieu thereof (Effective July 1, 452
2021): 453
(d) The financial statement and disclosure, except as otherwise 454
provided in this section, shall be open to inspection at the [office] Office 455
of the Probate Court Administrator. 456
Sec. 20. Section 45a-76 of the general statutes is repealed and the 457
following is substituted in lieu thereof (Effective July 1, 2021): 458
The Probate Court Administrator shall file with the Chief Court 459
Administrator, on or before the first day of April of each even-numbered 460
year, a report of the business of the [office] Office of the Probate Court 461
Administrator during the biennium ending on the preceding June 462
thirtieth, together with any information that the Chief Court 463
Administrator may request. 464
Sec. 21. Subsection (a) of section 45a-80 of the general statutes is 465
repealed and the following is substituted in lieu thereof (Effective July 1, 466
2021): 467
(a) The Commissioner of Administrative Services shall provide such 468
office space for the conduct of the duties of the [office] Office of the 469
Probate Court Administrator as the Probate Court Administrator 470
approves. The expenses of the office space shall be paid from the fund 471
established under section 45a-82. 472
Sec. 22. Subdivision (1) of subsection (a) of section 45a-84 of the 473
general statutes is repealed and the following is substituted in lieu 474
thereof (Effective July 1, 2021): 475
(a) (1) On or before April first of each year, the Probate Court 476
Administrator shall prepare a proposed budget for the next succeeding 477
fiscal year beginning July first, for the appropriate expenditures of funds 478 Raised Bill No. 959
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from the Probate Court Administration Fund to carry out the statutory 479
duties of the Probate Court Administrator. The proposed budget shall 480
reflect all costs related to the [office] Office of the Probate Court 481
Administrator and the operation of the [courts of probate] Probate 482
Courts, including, but not limited to, compensation, group 483
hospitalization and medical and surgical insurance plans and 484
retirement benefits for probate judges and employees. Expenditures in 485
the proposed budget shall not exceed anticipated available funds. 486
Sec. 23. Subsection (e) of section 45a-649a of the general statutes is 487
repealed and the following is substituted in lieu thereof (Effective July 1, 488
2021): 489
(e) If the respondent or conserved person is indigent, an attorney 490
appointed under this section shall be paid a reasonable rate of 491
compensation. Rates of compensation for such appointed attorneys 492
shall be established by the [office] Office of the Probate Court 493
Administrator. Such compensation shall be paid from funds 494
appropriated to the Judicial Department. If funds have not been 495
included in the budget of the Judicial Department for such purposes, 496
such compensation shall be paid from the Probate Court Administration 497
Fund. 498
Sec. 24. Subsection (c) of section 45a-670 of the general statutes is 499
repealed and the following is substituted in lieu thereof (Effective July 1, 500
2021): 501
(c) All records of cases related to guardianship under sections 45a-502
669 to 45a-683, inclusive, shall be confidential and shall not be open to 503
public inspection by or disclosed to any person, except that (1) such 504
records shall be available to (A) the parties in any such case and their 505
counsel, (B) the Department of Developmental Services, and (C) the 506
[office] Office of the Probate Court Administrator; (2) if the court 507
appoints a guardian, the names of the guardian and the protected 508
person shall be public; and (3) the court may, after hearing with notice 509
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Department of Developmental Services, permit records to be disclosed 511
for cause shown. 512
Sec. 25. Subsection (a) of section 45a-674 of the general statutes is 513
repealed and the following is substituted in lieu thereof (Effective July 1, 514
2021): 515
(a) At any hearing for appointment of a plenary guardian or limited 516
guardian, the court shall receive evidence as to the condition of the 517
respondent, including a written report or testimony by a Department of 518
Developmental Services assessment team appointed by the 519
Commissioner of Developmental Services or his or her designee, no 520
member of which is related by blood, marriage or adoption to either the 521
petitioner or the respondent and each member of which has personally 522
observed or examined the respondent within forty-five days next 523
preceding such hearing. The assessment team shall be comprised of at 524
least two representatives from among appropriate disciplines having 525
expertise in the evaluation of persons alleged to have intellectual 526
disability. The assessment team members shall make their report on a 527
form provided for that purpose by the [office] Office of the Probate 528
Court Administrator and shall answer questions on such form as fully 529
and completely as possible. The report shall contain specific information 530
regarding the severity of the intellectual disability of the respondent and 531
those specific areas, if any, in which the respondent needs the 532
supervision and protection of a guardian, and shall state upon the form 533
the reasons for such opinions. The petitioner, respondent or the 534
respondent's counsel shall have the right to present evidence and cross-535
examine witnesses who testify at any hearing on the petition. If the 536
respondent or the respondent's counsel notifies the court not less than 537
three days before the hearing that he or she wishes to cross-examine the 538
witnesses, the court shall order such witnesses to appear. The fees for 539
such assessment team shall be paid from funds appropriated to the 540
Department of Developmental Services. 541
Sec. 26. Subsection (g) of section 45a-677 of the general statutes is 542
repealed and the following is substituted in lieu thereof (Effective July 1, 543 Raised Bill No. 959
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2021): 544
(g) Such reports shall be submitted on a form provided by the [office] 545
Office of the Probate Court Administrator and shall contain the 546
following information: (1) Significant changes in the capacity of the 547
protected person to meet the essential requirements for the protected 548
person's physical health or safety; (2) the services being provided to the 549
protected person and the relationship of those services to the individual 550
guardianship plan; (3) the significant actions taken by the limited 551
guardian or plenary guardian during the reporting period; (4) any 552
significant problems relating to the guardianship which have arisen 553
during the reporting period; and (5) whether such guardianship, in the 554
opinion of the guardian, should continue, be modified, or be terminated, 555
and the reasons therefor. 556
Sec. 27. Subsection (a) of section 45a-754 of the general statutes is 557
repealed and the following is substituted in lieu thereof (Effective July 1, 558
2021): 559
(a) All records of cases related to termination of parental rights, 560
removal of a parent as guardian, appointment of a statutory parent, 561
adoption matters, temporary guardianship and emancipation of a minor 562
shall be confidential and shall not be open to inspection by or disclosed 563
to any third party, except that (1) such records shall be available to (A) 564
the parties in any such case and their counsel; (B) the Department of 565
Children and Families; (C) any licensed child-placing agency involved 566
in any such case; (D) any judge or employee of a court of this state who, 567
in the performance of his or her duties, requires access to such records; 568
(E) the [office] Office of the Probate Court Administrator; and (F) courts 569
of other states under the provisions of sections 46b-115a to 46b-115gg, 570
inclusive; and (2) access to and disclosure of adoption records shall be 571
in accordance with subsection (b) of this section. 572
This act shall take effect as follows and shall amend the following
sections:
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Section 1 July 1, 2021 45a-106a(b)
Sec. 2 July 1, 2021 45a-106a(c)
Sec. 3 July 1, 2021 45a-107(b)(4)
Sec. 4 July 1, 2021 45a-107(c)(4)
Sec. 5 July 1, 2021 45a-111
Sec. 6 July 1, 2021 45a-112
Sec. 7 July 1, 2021 45a-113a
Sec. 8 July 1, 2021 45a-113b
Sec. 9 July 1, 2021 45a-186(d) to (l)
Sec. 10 July 1, 2021 45a-186a
Sec. 11 July 1, 2021 45a-186b
Sec. 12 July 1, 2021 45a-597
Sec. 13 July 1, 2021 46b-172a(c)
Sec. 14 July 1, 2021 17a-11(k)
Sec. 15 July 1, 2021 17a-274(b)
Sec. 16 July 1, 2021 45a-9a
Sec. 17 July 1, 2021 45a-27(c)
Sec. 18 July 1, 2021 45a-65(e)
Sec. 19 July 1, 2021 45a-68(d)
Sec. 20 July 1, 2021 45a-76
Sec. 21 July 1, 2021 45a-80(a)
Sec. 22 July 1, 2021 45a-84(a)(1)
Sec. 23 July 1, 2021 45a-649a(e)
Sec. 24 July 1, 2021 45a-670(c)
Sec. 25 July 1, 2021 45a-674(a)
Sec. 26 July 1, 2021 45a-677(g)
Sec. 27 July 1, 2021 45a-754(a)
JUD Joint Favorable