Connecticut 2021 Regular Session

Connecticut Senate Bill SB00959 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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	4	+	SB.docx
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3	6
4		-	Senate Bill No. 959
	7	+	General Assembly Raised Bill No. 959
	8	+	January Session, 2021
	9	+	LCO No. 3911
5	10
6		-	Public Act No. 21-100
	11	+
	12	+	Referred to Committee on JUDICIARY
	13	+
	14	+
	15	+	Introduced by:
	16	+	(JUD)
	17	+
7	18
8	19
9	20		AN ACT CONCERNING PR OBATE COURT OPERATIO NS.
10	21		Be it enacted by the Senate and House of Representatives in General
11	22		Assembly convened:
12	23
13		-	Section 1. Subsection (b) of section 45a-106a of the general statutes is
14		-	repealed and the following is substituted in lieu thereof (Effective July 1,
15		-	2021):
16		-	(b) The fee to file each of the following motions, petitions or
17		-	applications in a Probate Court is two hundred fifty dollars:
18		-	(1) With respect to a minor child: (A) Appoint a temporary guardian,
19		-	temporary custodian, guardian, coguardian, permanent guardian or
20		-	statutory parent, (B) remove a guardian, including the appointment of
21		-	another guardian, (C) reinstate a parent as guardian, (D) terminate
22		-	parental rights, including the appointment of a guardian or statutory
23		-	parent, (E) grant visitation, (F) make findings regarding special
24		-	immigrant juvenile status, (G) approve placement of a child for
25		-	adoption outside this state, (H) approve an adoption, (I) validate a
26		-	foreign adoption, (J) review, modify or enforce a cooperative
27		-	postadoption agreement, (K) review an order concerning contact
28		-	between an adopted child and his or her siblings, (L) resolve a dispute
29		-	concerning a standby guardian, (M) approve a plan for voluntary
30		-	services provided by the Department of Children and Families, (N) Senate Bill No. 959
	24	+	Section 1. Subsection (b) of section 45a-106a of the general statutes is 1
	25	+	repealed and the following is substituted in lieu thereof (Effective July 1, 2
	26	+	2021): 3
	27	+	(b) The fee to file each of the following motions, petitions or 4
	28	+	applications in a Probate Court is two hundred fifty dollars: 5
	29	+	(1) With respect to a minor child: (A) Appoint a temporary guardian, 6
	30	+	temporary custodian, guardian, coguardian, permanent guardian or 7
	31	+	statutory parent, (B) remove a guardian, including the appointment of 8
	32	+	another guardian, (C) reinstate a parent as guardian, (D) terminate 9
	33	+	parental rights, including the appointment of a guardian or statutory 10
	34	+	parent, (E) grant visitation, (F) make findings regarding special 11
	35	+	immigrant juvenile status, (G) approve placement of a child for 12
	36	+	adoption outside this state, (H) approve an adoption, (I) validate a 13
	37	+	foreign adoption, (J) review, modify or enforce a cooperative 14
	38	+	postadoption agreement, (K) review an order concerning contact 15 Raised Bill No. 959
31	39
32		-	Public Act No. 21-100 2 of 20
33	40
34		-	determine whether the termination of voluntary services provided by
35		-	the Department of Children and Families is in accordance with
36		-	applicable regulations, (O) conduct an in-court review to modify an
37		-	order, (P) grant emancipation, (Q) grant approval to marry, (R) transfer
38		-	funds to a custodian under sections 45a-557 to 45a-560b, inclusive, (S)
39		-	appoint a successor custodian under section 45a-559c, (T) resolve a
40		-	dispute concerning custodianship under sections 45a-557 to 45a-560b,
41		-	inclusive, and (U) grant authority to purchase real estate;
42		-	(2) Determine paternity;
43		-	(3) Determine the age and date of birth of an adopted person born
44		-	outside the United States;
45		-	(4) With respect to adoption records: (A) Appoint a guardian ad litem
46		-	for a biological relative who cannot be located or appears to be
47		-	incompetent, (B) appeal the refusal of an agency to release information,
48		-	(C) release medical information when required for treatment, and (D)
49		-	grant access to an original birth certificate;
50		-	(5) Approve an adult adoption;
51		-	(6) With respect to a conservatorship: (A) Appoint a temporary
52		-	conservator, conservator or special limited conservator, (B) change
53		-	residence, terminate a tenancy or lease, sell or dispose household
54		-	furnishings, or place in a long-term care facility, (C) determine
55		-	competency to vote, (D) approve a support allowance for a spouse, (E)
56		-	grant authority to elect the spousal share, (F) grant authority to purchase
57		-	real estate, (G) give instructions regarding administration of a joint asset
58		-	or liability, (H) distribute gifts, (I) grant authority to consent to
59		-	involuntary medication, (J) determine whether informed consent has
60		-	been given for voluntary admission to a hospital for psychiatric
61		-	disabilities, (K) determine life-sustaining medical treatment, (L) transfer
62		-	to or from another state, (M) modify the conservatorship in connection Senate Bill No. 959
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63	44
64		-	Public Act No. 21-100 3 of 20
	45	+	between an adopted child and his or her siblings, (L) resolve a dispute 16
	46	+	concerning a standby guardian, (M) approve a plan for voluntary 17
	47	+	services provided by the Department of Children and Families, (N) 18
	48	+	determine whether the termination of voluntary services provided by 19
	49	+	the Department of Children and Families is in accordance with 20
	50	+	applicable regulations, (O) conduct an in-court review to modify an 21
	51	+	order, (P) grant emancipation, (Q) grant approval to marry, (R) transfer 22
	52	+	funds to a custodian under sections 45a-557 to 45a-560b, inclusive, (S) 23
	53	+	appoint a successor custodian under section 45a-559c, (T) resolve a 24
	54	+	dispute concerning custodianship under sections 45a-557 to 45a-560b, 25
	55	+	inclusive, and (U) grant authority to purchase real estate; 26
	56	+	(2) Determine paternity; 27
	57	+	(3) Determine the age and date of birth of an adopted person born 28
	58	+	outside the United States; 29
	59	+	(4) With respect to adoption records: (A) Appoint a guardian ad litem 30
	60	+	for a biological relative who cannot be located or appears to be 31
	61	+	incompetent, (B) appeal the refusal of an agency to release information, 32
	62	+	(C) release medical information when required for treatment, and (D) 33
	63	+	grant access to an original birth certificate; 34
	64	+	(5) Approve an adult adoption; 35
	65	+	(6) With respect to a conservatorship: (A) Appoint a temporary 36
	66	+	conservator, conservator or special limited conservator, (B) change 37
	67	+	residence, terminate a tenancy or lease, sell or dispose household 38
	68	+	furnishings, or place in a long-term care facility, (C) determine 39
	69	+	competency to vote, (D) approve a support allowance for a spouse, (E) 40
	70	+	grant authority to elect the spousal share, (F) grant authority to purchase 41
	71	+	real estate, (G) give instructions regarding administration of a joint asset 42
	72	+	or liability, (H) distribute gifts, (I) grant authority to consent to 43
	73	+	involuntary medication, (J) determine whether informed consent has 44
	74	+	been given for voluntary admission to a hospital for psychiatric 45
	75	+	disabilities, (K) determine life-sustaining medical treatment, (L) transfer 46 Raised Bill No. 959
65	76
66		-	with a periodic review, (N) excuse accounts under rules of procedure
67		-	approved by the Supreme Court under section 45a-78, (O) terminate the
68		-	conservatorship, and (P) grant a writ of habeas corpus;
69		-	(7) With respect to a power of attorney: (A) Compel an account by an
70		-	agent, (B) review the conduct of an agent, (C) construe the power of
71		-	attorney, and (D) mandate acceptance of the power of attorney;
72		-	(8) Resolve a dispute concerning advance directives or life-sustaining
73		-	medical treatment when the individual does not have a conservator or
74		-	guardian;
75		-	(9) With respect to an elderly person, as defined in section 17b-450:
76		-	(A) Enjoin an individual from interfering with the provision of
77		-	protective services to such elderly person, and (B) authorize the
78		-	Commissioner of Social Services to enter the premises of such elderly
79		-	person to determine whether such elderly person needs protective
80		-	services;
81		-	(10) With respect to an adult with intellectual disability: (A) Appoint
82		-	a temporary limited guardian, guardian or standby guardian, (B) grant
83		-	visitation, (C) determine competency to vote, (D) modify the
84		-	guardianship in connection with a periodic review, (E) determine life-
85		-	sustaining medical treatment, (F) approve an involuntary placement,
86		-	(G) review an involuntary placement, (H) authorize a guardian to
87		-	manage the finances of such adult, and (I) grant a writ of habeas corpus;
88		-	(11) With respect to psychiatric disability: (A) Commit an individual
89		-	for treatment, (B) issue a warrant for examination of an individual at a
90		-	general hospital, (C) determine whether there is probable cause to
91		-	continue an involuntary confinement, (D) review an involuntary
92		-	confinement for possible release, (E) authorize shock therapy, (F)
93		-	authorize medication for treatment of psychiatric disability, (G) review
94		-	the status of an individual under the age of sixteen as a voluntary Senate Bill No. 959
95	77
96		-	Public Act No. 21-100 4 of 20
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97	81
98		-	patient, and (H) recommit an individual under the age of sixteen for
99		-	further treatment;
100		-	(12) With respect to drug or alcohol dependency: (A) Commit an
101		-	individual for treatment, (B) recommit an individual for further
102		-	treatment, and (C) terminate an involuntary confinement;
103		-	(13) With respect to tuberculosis: (A) Commit an individual for
104		-	treatment, (B) issue a warrant to enforce an examination order, and (C)
105		-	terminate an involuntary confinement;
106		-	(14) Compel an account by the trustee of an inter vivos trust,
107		-	custodian under sections 45a-557 to 45a-560b, inclusive, or treasurer of
108		-	an ecclesiastical society or cemetery association;
109		-	(15) With respect to a testamentary or inter vivos trust: (A) Construe,
110		-	validate, divide, combine, reform, modify or terminate the trust, (B)
111		-	enforce the provisions of a pet trust, [and] (C) excuse a final account
112		-	under rules of procedure approved by the Supreme Court under section
113		-	45a-78, and (D) assume jurisdiction of an out-of-state trust;
114		-	(16) Authorize a fiduciary to establish a trust;
115		-	(17) Appoint a trustee for a missing person;
116		-	(18) Change a person's name;
117		-	(19) Issue an order to amend the birth certificate of an individual born
118		-	in another state to reflect a gender change;
119		-	(20) Require the Department of Public Health to issue a delayed birth
120		-	certificate;
121		-	(21) Compel the board of a cemetery association to disclose the
122		-	minutes of the annual meeting; Senate Bill No. 959
	82	+	to or from another state, (M) modify the conservatorship in connection 47
	83	+	with a periodic review, (N) excuse accounts under rules of procedure 48
	84	+	approved by the Supreme Court under section 45a-78, (O) terminate the 49
	85	+	conservatorship, and (P) grant a writ of habeas corpus; 50
	86	+	(7) With respect to a power of attorney: (A) Compel an account by an 51
	87	+	agent, (B) review the conduct of an agent, (C) construe the power of 52
	88	+	attorney, and (D) mandate acceptance of the power of attorney; 53
	89	+	(8) Resolve a dispute concerning advance directives or life-sustaining 54
	90	+	medical treatment when the individual does not have a conservator or 55
	91	+	guardian; 56
	92	+	(9) With respect to an elderly person, as defined in section 17b-450: 57
	93	+	(A) Enjoin an individual from interfering with the provision of 58
	94	+	protective services to such elderly person, and (B) authorize the 59
	95	+	Commissioner of Social Services to enter the premises of such elderly 60
	96	+	person to determine whether such elderly person needs protective 61
	97	+	services; 62
	98	+	(10) With respect to an adult with intellectual disability: (A) Appoint 63
	99	+	a temporary limited guardian, guardian or standby guardian, (B) grant 64
	100	+	visitation, (C) determine competency to vote, (D) modify the 65
	101	+	guardianship in connection with a periodic review, (E) determine life-66
	102	+	sustaining medical treatment, (F) approve an involuntary placement, 67
	103	+	(G) review an involuntary placement, (H) authorize a guardian to 68
	104	+	manage the finances of such adult, and (I) grant a writ of habeas corpus; 69
	105	+	(11) With respect to psychiatric disability: (A) Commit an individual 70
	106	+	for treatment, (B) issue a warrant for examination of an individual at a 71
	107	+	general hospital, (C) determine whether there is probable cause to 72
	108	+	continue an involuntary confinement, (D) review an involuntary 73
	109	+	confinement for possible release, (E) authorize shock therapy, (F) 74
	110	+	authorize medication for treatment of psychiatric disability, (G) review 75
	111	+	the status of an individual under the age of sixteen as a voluntary 76
	112	+	patient, and (H) recommit an individual under the age of sixteen for 77 Raised Bill No. 959
123	113
124		-	Public Act No. 21-100 5 of 20
125	114
126		-	(22) Issue an order to protect a grave marker;
127		-	(23) Restore rights to purchase, possess and transport firearms;
128		-	(24) Issue an order permitting sterilization of an individual;
129		-	(25) Approve the transfer of structured settlement payment rights;
130		-	and
131		-	(26) With respect to any case in a Probate Court other than a
132		-	decedent's estate: (A) Compel or approve an action by the fiduciary, (B)
133		-	give [advice or] instruction to the fiduciary, (C) authorize a fiduciary to
134		-	compromise a claim, (D) list, sell or mortgage real property, (E)
135		-	determine title to property, (F) resolve a dispute between cofiduciaries
136		-	or among fiduciaries, (G) remove a fiduciary, (H) appoint a successor
137		-	fiduciary or fill a vacancy in the office of fiduciary, (I) approve fiduciary
138		-	or attorney's fees, (J) apply the doctrine of cy pres or approximation, (K)
139		-	reconsider, modify or revoke an order, and (L) decide an action on a
140		-	probate bond.
141		-	Sec. 2. Subsection (c) of section 45a-106a of the general statutes is
142		-	repealed and the following is substituted in lieu thereof (Effective July 1,
143		-	2021):
144		-	(c) The fee to file a petition for custody of the remains of a deceased
145		-	person in a Probate Court is one hundred fifty dollars, except that the
146		-	court shall waive the fee if the state is obligated to pay funeral and burial
147		-	expenses under section 17b-84 or 17b-131.
148		-	Sec. 3. Subdivision (4) of subsection (b) of section 45a-107 of the
149		-	general statutes is repealed and the following is substituted in lieu
150		-	thereof (Effective July 1, 2021):
151		-	(4) In any matter in which the Commissioner of Administrative
152		-	Services is the legal representative of the estate pursuant to section 4a- Senate Bill No. 959
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153	118
154		-	Public Act No. 21-100 6 of 20
	119	+	further treatment; 78
	120	+	(12) With respect to drug or alcohol dependency: (A) Commit an 79
	121	+	individual for treatment, (B) recommit an individual for further 80
	122	+	treatment, and (C) terminate an involuntary confinement; 81
	123	+	(13) With respect to tuberculosis: (A) Commit an individual for 82
	124	+	treatment, (B) issue a warrant to enforce an examination order, and (C) 83
	125	+	terminate an involuntary confinement; 84
	126	+	(14) Compel an account by the trustee of an inter vivos trust, 85
	127	+	custodian under sections 45a-557 to 45a-560b, inclusive, or treasurer of 86
	128	+	an ecclesiastical society or cemetery association; 87
	129	+	(15) With respect to a testamentary or inter vivos trust: (A) Construe, 88
	130	+	validate, divide, combine, reform, modify or terminate the trust, (B) 89
	131	+	enforce the provisions of a pet trust, [and] (C) excuse a final account 90
	132	+	under rules of procedure approved by the Supreme Court under section 91
	133	+	45a-78, and (D) assume jurisdiction of an out-of-state trust; 92
	134	+	(16) Authorize a fiduciary to establish a trust; 93
	135	+	(17) Appoint a trustee for a missing person; 94
	136	+	(18) Change a person's name; 95
	137	+	(19) Issue an order to amend the birth certificate of an individual born 96
	138	+	in another state to reflect a gender change; 97
	139	+	(20) Require the Department of Public Health to issue a delayed birth 98
	140	+	certificate; 99
	141	+	(21) Compel the board of a cemetery association to disclose the 100
	142	+	minutes of the annual meeting; 101
	143	+	(22) Issue an order to protect a grave marker; 102
	144	+	(23) Restore rights to purchase, possess and transport firearms; 103 Raised Bill No. 959
155	145
156		-	16, the fee shall be the lesser of (A) the amount calculated under
157		-	subdivisions (1) and (2) of this subsection, or (B) the amount collected
158		-	by the Commissioner of Administrative Services after paying the
159		-	expense of funeral and burial in accordance with section 17b-84 or 17b-
160		-	131.
161		-	Sec. 4. Subdivision (4) of subsection (c) of section 45a-107 of the
162		-	general statutes is repealed and the following is substituted in lieu
163		-	thereof (Effective July 1, 2021):
164		-	(4) In any matter in which the Commissioner of Administrative
165		-	Services is the legal representative of the estate pursuant to section 4a-
166		-	16, the fee shall be the lesser of (A) the amount calculated under
167		-	subdivisions (1) and (2) of this subsection, or (B) the amount collected
168		-	by the Commissioner of Administrative Services after paying the
169		-	expense of funeral and burial in accordance with section 17b-84 or 17b-
170		-	131.
171		-	Sec. 5. Section 45a-111 of the general statutes is repealed and the
172		-	following is substituted in lieu thereof (Effective July 1, 2021):
173		-	(a) No fee or expense shall be charged for any proceedings in the
174		-	settlement of the estate of any member of the armed forces who died
175		-	while in service in time of war as defined in section 27-103.
176		-	(b) No fees or expenses shall be charged under sections [45a-107] 45a-
177		-	106a to 45a-112, inclusive, as amended by this act, or under section 45a-
178		-	727 for adoption proceedings involving special needs children.
179		-	(c) If a petitioner or applicant to a Probate Court claims that unless
180		-	his or her obligation to pay the fees and the necessary expenses of the
181		-	action, including the expense of service of process, is waived, such
182		-	petitioner or applicant will be deprived by reason of his or her indigency
183		-	of his or her right to bring a petition or application to such court or that
184		-	he or she is otherwise unable to pay the fees and necessary expenses of Senate Bill No. 959
185	146
186		-	Public Act No. 21-100 7 of 20
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187	150
188		-	~~the action,~~ ~~he or she may file with the clerk~~ of ~~such Probate Court~~ an
189		-	~~application for waiver~~ of payment ~~of such fees and necessary expenses.~~
190		-	~~Such application shall be signed under penalty of false statement, shall~~
191		-	~~state the applicant's financial circumstances,~~ ~~and shall identify the fees~~
192		-	~~and expenses sought to be waived and~~ the ~~approximate amount of each.~~
193		-	If the ~~court finds that the applicant is unable~~ to ~~pay such fees and~~
194		-	~~expenses~~, ~~it shall order such fees and expenses waived.~~ ~~If such expenses~~
195		-	~~include the expense of service of process~~, ~~the court,~~ ~~in its order,~~ ~~shall~~
196		-	~~indicate the method of service authorized and the expense of such~~
197		-	~~service shall be paid from funds appropriated to~~ the ~~Judicial~~
198		-	~~Department~~, ~~except that, if funds have not been included in~~ the ~~budget~~
199		-	~~of the Judicial Department for such expenses~~, ~~such expenses shall be~~
200		-	~~paid from the~~ Probate ~~Court Administration Fund~~.
201		-	(d) The ~~court may,~~ ~~in its discretion, postpone payment of any [entry]~~
202		-	~~filing fee or other fee or expense due under sections [45a-107] 45a-106a~~
203		-	~~to 45a-112, inclusive, as amended by this act, and enter any matter if it~~
204		-	~~appears~~ to the ~~court that to require such [entry] filing fee or other fee or~~
205		-	~~expense to accompany submission of~~ the ~~matter would cause undue~~
206		-	~~delay or hardship, but in such case~~ the ~~applicant, petitioner or moving~~
207		-	~~party shall be liable for the [entry] filing fee and all other fees and~~
208		-	~~expenses upon receipt~~ of ~~an invoice therefor from~~ the ~~court.~~
209		-	~~(e) Any fee or expense charged under~~ the ~~provisions of sections [45a-~~
210		-	~~107] 45a-106a~~ ~~to 45a-112~~, ~~inclusive, as amended by this act, shall not be~~
211		-	~~subject to~~ the ~~tax imposed under chapter 219.~~
212		-	~~Sec. 6.~~ ~~Section 45a-112~~ of the ~~general statutes is repealed and the~~
213		-	~~following is substituted in lieu thereof~~ (~~Effective July 1,~~ ~~2021):~~
214		-	~~When~~ the ~~state or any of its agencies is an applicant, petitioner or~~
215		-	~~moving party commencing a matter in a Probate Court,~~ ~~or is otherwise~~
216		-	~~liable for the fees~~ or ~~expenses under sections [45a-107] 45a-106a to 45a-~~
217		-	~~112, inclusive, as amended by this act, the court shall accept such matter Senate~~ Bill No. 959
	151	+	(24) Issue an order permitting sterilization of an individual; 104
	152	+	(25) Approve the transfer of structured settlement payment rights; 105
	153	+	and 106
	154	+	(26) With respect to any case in a Probate Court other than a 107
	155	+	decedent's estate: (A) Compel or approve an action by the fiduciary, (B) 108
	156	+	give [advice or] instruction to the fiduciary, (C) authorize a fiduciary to 109
	157	+	compromise a claim, (D) list, sell or mortgage real property, (E) 110
	158	+	determine title to property, (F) resolve a dispute between cofiduciaries 111
	159	+	or among fiduciaries, (G) remove a fiduciary, (H) appoint a successor 112
	160	+	fiduciary or fill a vacancy in the office of fiduciary, (I) approve fiduciary 113
	161	+	or attorney's fees, (J) apply the doctrine of cy pres or approximation, (K) 114
	162	+	reconsider, modify or revoke an order, and (L) decide an action on a 115
	163	+	probate bond. 116
	164	+	Sec. 2. Subsection (c) of section 45a-106a of the general statutes is 117
	165	+	repealed and the following is substituted in lieu thereof (Effective July 1, 118
	166	+	2021): 119
	167	+	(c) The fee to file a petition for custody of the remains of a deceased 120
	168	+	person in a Probate Court is one hundred fifty dollars, except that the 121
	169	+	court shall waive the fee if the state is obligated to pay funeral and burial 122
	170	+	expenses under section 17b-84 or 17b-131. 123
	171	+	Sec. 3. Subdivision (4) of subsection (b) of section 45a-107 of the 124
	172	+	general statutes is repealed and the following is substituted in lieu 125
	173	+	thereof (Effective July 1, 2021): 126
	174	+	(4) In any matter in which the Commissioner of Administrative 127
	175	+	Services is the legal representative of the estate pursuant to section 4a-128
	176	+	16, the fee shall be the lesser of (A) the amount calculated under 129
	177	+	subdivisions (1) and (2) of this subsection, or (B) the amount collected 130
	178	+	by the Commissioner of Administrative Services after paying the 131
	179	+	expense of funeral and burial in accordance with section 17b-84 or 17b-132
	180	+	131. 133 Raised Bill No. 959
218	181
219		-	Public Act No. 21-100 8 of 20
220	182
221		-	without the [entry] filing fee accompanying the filing thereof, and shall
222		-	bill the [entry] filing fee or other fee or expense to the appropriate
223		-	agency for subsequent payment, which payment shall be due and
224		-	payable upon receipt of such bill.
225		-	Sec. 7. Section 45a-113a of the general statutes is repealed and the
226		-	following is substituted in lieu thereof (Effective July 1, 2021):
227		-	Whenever a Probate Court determines that a refund is due an
228		-	applicant, petitioner, moving party or other person for any
229		-	overpayment of costs, fees, charges or expenses incurred under the
230		-	provisions of sections [45a-107] 45a-106a to 45a-112, inclusive, as
231		-	amended by this act, the Probate Court Administrator shall, upon
232		-	receipt of certification of such overpayment by the Probate Court that
233		-	issued the invoice for such costs, fees, charges or expenses, cause a
234		-	refund of such overpayment to be issued from the Probate Court
235		-	Administration Fund.
236		-	Sec. 8. Section 45a-113b of the general statutes is repealed and the
237		-	following is substituted in lieu thereof (Effective July 1, 2021):
238		-	Each court of probate may allow the payment of any fees charged by
239		-	such court by means of a credit card, charge card, [or] debit card or an
240		-	electronic funds transfer and may charge the person making such
241		-	payment a service fee for any such payment made by any such card or
242		-	electronic funds transfer. The fee shall not exceed any charge by the card
243		-	issuer or processing fee for electronic funds transfer, including any
244		-	discount rate.
245		-	Sec. 9. Subsections (d) to (l), inclusive, of section 45a-186 of the
246		-	general statutes are repealed and the following is substituted in lieu
247		-	thereof (Effective July 1, 2021):
248		-	(d) An appeal from a decision rendered in any case after a recording
249		-	of the proceedings is made under section 17a-498, 17a-543, 17a-543a, [or] Senate Bill No. 959
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250	186
251		-	Public Act No. 21-100 9 of 20
	187	+	Sec. 4. Subdivision (4) of subsection (c) of section 45a-107 of the 134
	188	+	general statutes is repealed and the following is substituted in lieu 135
	189	+	thereof (Effective July 1, 2021): 136
	190	+	(4) In any matter in which the Commissioner of Administrative 137
	191	+	Services is the legal representative of the estate pursuant to section 4a-138
	192	+	16, the fee shall be the lesser of (A) the amount calculated under 139
	193	+	subdivisions (1) and (2) of this subsection, or (B) the amount collected 140
	194	+	by the Commissioner of Administrative Services after paying the 141
	195	+	expense of funeral and burial in accordance with section 17b-84 or 17b-142
	196	+	131. 143
	197	+	Sec. 5. Section 45a-111 of the general statutes is repealed and the 144
	198	+	following is substituted in lieu thereof (Effective July 1, 2021): 145
	199	+	(a) No fee or expense shall be charged for any proceedings in the 146
	200	+	settlement of the estate of any member of the armed forces who died 147
	201	+	while in service in time of war as defined in section 27-103. 148
	202	+	(b) No fees or expenses shall be charged under sections [45a-107] 45a-149
	203	+	106a to 45a-112, inclusive, as amended by this act, or under section 45a-150
	204	+	727 for adoption proceedings involving special needs children. 151
	205	+	(c) If a petitioner or applicant to a Probate Court claims that unless 152
	206	+	his or her obligation to pay the fees and the necessary expenses of the 153
	207	+	action, including the expense of service of process, is waived, such 154
	208	+	petitioner or applicant will be deprived by reason of his or her indigency 155
	209	+	of his or her right to bring a petition or application to such court or that 156
	210	+	he or she is otherwise unable to pay the fees and necessary expenses of 157
	211	+	the action, he or she may file with the clerk of such Probate Court an 158
	212	+	application for waiver of payment of such fees and necessary expenses. 159
	213	+	Such application shall be signed under penalty of false statement, shall 160
	214	+	state the applicant's financial circumstances, and shall identify the fees 161
	215	+	and expenses sought to be waived and the approximate amount of each. 162
	216	+	If the court finds that the applicant is unable to pay such fees and 163
	217	+	expenses, it shall order such fees and expenses waived. If such expenses 164 Raised Bill No. 959
252	218
253		-	17a-685, or 19a-131b, sections 45a-644 to 45a-667v, inclusive, or section
254		-	51-72 or 51-73, shall be on the record and shall not be a trial de novo.
255		-	(e) Each person who files an appeal pursuant to this section shall
256		-	serve a copy of the complaint on each interested party. The failure of
257		-	any person to make such service shall not deprive the Superior Court of
258		-	jurisdiction over the appeal. Notwithstanding the provisions of section
259		-	52-50, service of the copy of the complaint shall be by state marshal,
260		-	constable or an indifferent person. Service shall be in hand or by leaving
261		-	a copy at the place of residence of the interested party being served or
262		-	at the address for the interested party on file with the Probate Court,
263		-	except that service on a respondent or conserved person in an appeal
264		-	from an action under part IV of chapter 802h shall be in hand by a state
265		-	marshal, constable or an indifferent person.
266		-	(f) In addition to the notice given under subsection (e) of this section,
267		-	each person who files an appeal pursuant to this section shall mail a
268		-	copy of the complaint to the Probate Court that rendered the order,
269		-	denial or decree appealed from. The Probate Court and the probate
270		-	judge that rendered the order, denial or decree appealed from shall not
271		-	be made parties to the appeal and shall not be named in the complaint
272		-	as parties.
273		-	(g) Not later than fifteen days after a person files an appeal under this
274		-	section, the person who filed the appeal shall file or cause to be filed
275		-	with the clerk of the Superior Court a document containing (1) the name,
276		-	address and signature of the person making service, and (2) a statement
277		-	of the date and manner in which a copy of the complaint was served on
278		-	each interested party and mailed to the Probate Court that rendered the
279		-	order, denial or decree appealed from.
280		-	(h) If service has not been made on an interested party, the Superior
281		-	Court, on motion, shall make such orders of notice of the appeal as are
282		-	reasonably calculated to notify any necessary party not yet served. Senate Bill No. 959
283	219
284		-	Public Act No. 21-100 10 of 20
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285	223
286		-	(i) A hearing in an appeal from probate proceedings under section
287		-	17a-77, 17a-80, 17a-498, 17a-510, 17a-511, 17a-543, 17a-543a, 17a-685, 19a-
288		-	131b, 45a-650, 45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, 45a-
289		-	699, 45a-703 or 45a-717 shall commence, unless a stay has been issued
290		-	pursuant to subsection (j) of this section, not later than ninety days after
291		-	the appeal has been filed.
292		-	(j) The filing of an appeal under this section shall not, of itself, stay
293		-	enforcement of the order, denial or decree from which the appeal is
294		-	taken. A motion for a stay may be made to the Probate Court or the
295		-	Superior Court. The filing of a motion with the Probate Court shall not
296		-	preclude action by the Superior Court.
297		-	(k) Nothing in this section shall prevent any person aggrieved by any
298		-	order, denial or decree of a Probate Court in any matter, unless
299		-	otherwise specially provided by law, from filing a petition for a writ of
300		-	habeas corpus, a petition for termination of involuntary representation
301		-	or a petition for any other available remedy.
302		-	(l) (1) Except for matters described in subdivision (3) of this
303		-	subsection, in any appeal filed under this section, the appeal may be
304		-	referred by the Superior Court to a special assignment probate judge
305		-	appointed in accordance with section 45a-79b, who is assigned by the
306		-	Probate Court Administrator for the purposes of such appeal, except
307		-	that such appeal shall be heard by the Superior Court if any party files
308		-	a demand for such hearing in writing with the Superior Court not later
309		-	than twenty days after service of the appeal.
310		-	(2) An appeal referred to a special assignment probate judge
311		-	pursuant to this subsection shall proceed in accordance with the rules
312		-	for references set forth in the rules of the judges of the Superior Court.
313		-	(3) The following matters shall not be referred to a special assignment
314		-	probate judge pursuant to this subsection: Appeals under sections 17a- Senate Bill No. 959
	224	+	include the expense of service of process, the court, in its order, shall 165
	225	+	indicate the method of service authorized and the expense of such 166
	226	+	service shall be paid from funds appropriated to the Judicial 167
	227	+	Department, except that, if funds have not been included in the budget 168
	228	+	of the Judicial Department for such expenses, such expenses shall be 169
	229	+	paid from the Probate Court Administration Fund. 170
	230	+	(d) The court may, in its discretion, postpone payment of any [entry] 171
	231	+	filing fee or other fee or expense due under sections [45a-107] 45a-106a 172
	232	+	to 45a-112, inclusive, as amended by this act, and enter any matter if it 173
	233	+	appears to the court that to require such [entry] filing fee or other fee or 174
	234	+	expense to accompany submission of the matter would cause undue 175
	235	+	delay or hardship, but in such case the applicant, petitioner or moving 176
	236	+	party shall be liable for the [entry] filing fee and all other fees and 177
	237	+	expenses upon receipt of an invoice therefor from the court. 178
	238	+	(e) Any fee or expense charged under the provisions of sections [45a-179
	239	+	107] 45a-106a to 45a-112, inclusive, as amended by this act, shall not be 180
	240	+	subject to the tax imposed under chapter 219. 181
	241	+	Sec. 6. Section 45a-112 of the general statutes is repealed and the 182
	242	+	following is substituted in lieu thereof (Effective July 1, 2021): 183
	243	+	When the state or any of its agencies is an applicant, petitioner or 184
	244	+	moving party commencing a matter in a Probate Court, or is otherwise 185
	245	+	liable for the fees or expenses under sections [45a-107] 45a-106a to 45a-186
	246	+	112, inclusive, as amended by this act, the court shall accept such matter 187
	247	+	without the [entry] filing fee accompanying the filing thereof, and shall 188
	248	+	bill the [entry] filing fee or other fee or expense to the appropriate 189
	249	+	agency for subsequent payment, which payment shall be due and 190
	250	+	payable upon receipt of such bill. 191
	251	+	Sec. 7. Section 45a-113a of the general statutes is repealed and the 192
	252	+	following is substituted in lieu thereof (Effective July 1, 2021): 193
	253	+	Whenever a Probate Court determines that a refund is due an 194
	254	+	applicant, petitioner, moving party or other person for any 195 Raised Bill No. 959
315	255
316		-	Public Act No. 21-100 11 of 20
317	256
318		-	75 to 17a-83, inclusive, section 17a-274, sections 17a-495 to 17a-528,
319		-	inclusive, sections 17a-543, 17a-543a, 17a-685 to 17a-688, inclusive, 19a-
320		-	131b, children's matters as defined in subsection (a) of section 45a-8a,
321		-	sections 45a-644 to 45a-663, inclusive, 45a-668 to 45a-683, inclusive, and
322		-	45a-690 to 45a-700, inclusive, and any matter in a Probate Court heard
323		-	on the record in accordance with sections 51-72 and 51-73.
324		-	Sec. 10. Section 45a-186a of the general statutes is repealed and the
325		-	following is substituted in lieu thereof (Effective July 1, 2021):
326		-	(a) In an appeal from an order, denial or decree of a Probate Court
327		-	made after a hearing that is on the record under section 17a-498, 17a-
328		-	543, 17a-543a, [or] 17a-685 or 19a-131b, sections 45a-644 to 45a-667v,
329		-	inclusive, or section 51-72 or 51-73, not later than thirty days after service
330		-	is made of such appeal under section 45a-186, or within such further
331		-	time as may be allowed by the Superior Court, the Probate Court shall
332		-	transcribe any portion of the recording of the proceedings that has not
333		-	been transcribed. The expense for such transcript shall be charged
334		-	against the person who filed the appeal, except that if the person who
335		-	filed the appeal is unable to pay such expense and files an affidavit with
336		-	the court demonstrating the inability to pay, the expense of the
337		-	transcript shall be paid by the Probate Court Administrator and paid
338		-	from the Probate Court Administration Fund.
339		-	(b) The Probate Court shall transmit to the Superior Court the original
340		-	or a certified copy of the entire record of the proceeding from which the
341		-	appeal was taken. The record shall include, but not be limited to, the
342		-	findings of fact and conclusions of law, separately stated, of the Probate
343		-	Court.
344		-	(c) An appeal from an order, denial or decree made after a hearing on
345		-	the record under section 17a-498, 17a-543, 17a-543a, [or] 17a-685 or 19a-
346		-	131b, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73,
347		-	shall be heard by the Superior Court without a jury, and may be referred Senate Bill No. 959
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348	260
349		-	Public Act No. 21-100 12 of 20
	261	+	overpayment of costs, fees, charges or expenses incurred under the 196
	262	+	provisions of sections [45a-107] 45a-106a to 45a-112, inclusive, as 197
	263	+	amended by this act, the Probate Court Administrator shall, upon 198
	264	+	receipt of certification of such overpayment by the Probate Court that 199
	265	+	issued the invoice for such costs, fees, charges or expenses, cause a 200
	266	+	refund of such overpayment to be issued from the Probate Court 201
	267	+	Administration Fund. 202
	268	+	Sec. 8. Section 45a-113b of the general statutes is repealed and the 203
	269	+	following is substituted in lieu thereof (Effective July 1, 2021): 204
	270	+	Each court of probate may allow the payment of any fees charged by 205
	271	+	such court by means of a credit card, charge card, [or] debit card or an 206
	272	+	electronic funds transfer and may charge the person making such 207
	273	+	payment a service fee for any such payment made by any such card or 208
	274	+	electronic funds transfer. The fee shall not exceed any charge by the card 209
	275	+	issuer or processing fee for electronic funds transfer, including any 210
	276	+	discount rate. 211
	277	+	Sec. 9. Subsections (d) to (l), inclusive, of section 45a-186 of the 212
	278	+	general statutes are repealed and the following is substituted in lieu 213
	279	+	thereof (Effective July 1, 2021): 214
	280	+	(d) An appeal from a decision rendered in any case after a recording 215
	281	+	of the proceedings is made under section 17a-498, 17a-543, 17a-543a, [or] 216
	282	+	17a-685, or 19a-131b, sections 45a-644 to 45a-667v, inclusive, or section 217
	283	+	51-72 or 51-73, shall be on the record and shall not be a trial de novo. 218
	284	+	(e) Each person who files an appeal pursuant to this section shall 219
	285	+	serve a copy of the complaint on each interested party. The failure of 220
	286	+	any person to make such service shall not deprive the Superior Court of 221
	287	+	jurisdiction over the appeal. Notwithstanding the provisions of section 222
	288	+	52-50, service of the copy of the complaint shall be by state marshal, 223
	289	+	constable or an indifferent person. Service shall be in hand or by leaving 224
	290	+	a copy at the place of residence of the interested party being served or 225
	291	+	at the address for the interested party on file with the Probate Court, 226 Raised Bill No. 959
350	292
351		-	to a state referee appointed under section 51-50l. The appeal shall be
352		-	confined to the record. If alleged irregularities in procedure before the
353		-	Probate Court are not shown in the record or if facts necessary to
354		-	establish such alleged irregularities in procedure are not shown in the
355		-	record, proof limited to such alleged irregularities may be taken in the
356		-	Superior Court. The Superior Court, on request of any party, shall hear
357		-	oral argument and receive written briefs.
358		-	Sec. 11. Section 45a-186b of the general statutes is repealed and the
359		-	following is substituted in lieu thereof (Effective July 1, 2021):
360		-	In an appeal taken under section 45a-186 from a matter heard on the
361		-	record in the Probate Court under section 17a-498, 17a-543, 17a-543a,
362		-	[or] 17a-685, or 19a-131b, sections 45a-644 to 45a-667v, inclusive, or
363		-	section 51-72 or 51-73, the Superior Court shall not substitute its
364		-	judgment for that of the Probate Court as to the weight of the evidence
365		-	on questions of fact. The Superior Court shall affirm the decision of the
366		-	Probate Court unless the Superior Court finds that substantial rights of
367		-	the person appealing have been prejudiced because the findings,
368		-	inferences, conclusions or decisions are: (1) In violation of the federal or
369		-	state constitution or the general statutes, (2) in excess of the statutory
370		-	authority of the Probate Court, (3) made on unlawful procedure, (4)
371		-	affected by other error of law, (5) clearly erroneous in view of the
372		-	reliable, probative and substantial evidence on the whole record, or (6)
373		-	arbitrary or capricious or characterized by abuse of discretion or clearly
374		-	unwarranted exercise of discretion. If the Superior Court finds such
375		-	prejudice, the Superior Court shall sustain the appeal and, if
376		-	appropriate, may render a judgment that modifies the Probate Court's
377		-	order, denial or decree or remand the case to the Probate Court for
378		-	further proceedings. For the purposes of this section, a remand is a final
379		-	judgment.
380		-	Sec. 12. Section 45a-597 of the general statutes is repealed and the
381		-	following is substituted in lieu thereof (Effective July 1, 2021): Senate Bill No. 959
382	293
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385		-	(a) Upon the death of a [minor] person with respect to whose estate a
386		-	guardian or conservator has been duly appointed by a [court of probate]
387		-	Probate Court, has qualified and is acting as such, [and upon the death
388		-	of a person with respect to whose estate a conservator has been duly
389		-	appointed, has qualified and is acting as such,] if (1) the estate consists
390		-	entirely of personalty, and (2) the estate remaining in the hands of the
391		-	guardian or conservator at the time of the death of the [protected]
392		-	person is not more than sufficient to pay expenses incurred during the
393		-	lifetime of the [protected] person and not paid as of the date of death,
394		-	administration expenses necessary to the settlement of the fiduciary's
395		-	final account and the funeral expenses, including the cost of a suitable
396		-	monument and cemetery plot, then such guardian or conservator may
397		-	pay such expenses and take credit therefor on his final account. The
398		-	payments shall be subject to the limitations set forth in sections 17b-95
399		-	and 17b-300.
400		-	(b) If the estate is less than sufficient to pay all such expenses in full,
401		-	the provisions of section 45a-365 as to order of payment shall govern.
402		-	Sec. 13. Subsection (c) of section 46b-172a of the general statutes is
403		-	repealed and the following is substituted in lieu thereof (Effective July 1,
404		-	2021):
405		-	(c) The child shall be made a party to the action. [and] If the child is a
406		-	minor at the time of the proceedings, the minor child shall be
407		-	represented by a guardian ad litem appointed by the court in
408		-	accordance with section 45a-708. Payment for the guardian ad litem
409		-	shall be made in accordance with such section from funds appropriated
410		-	to the Judicial Department, except that, if funds have not been included
411		-	in the budget of the Judicial Department for such purposes, such
412		-	payment shall be made from the Probate Court Administration Fund.
413		-	Sec. 14. Subsection (k) of section 17a-11 of the general statutes is
414		-	repealed and the following is substituted in lieu thereof (Effective July 1, Senate Bill No. 959
	298	+	except that service on a respondent or conserved person in an appeal 227
	299	+	from an action under part IV of chapter 802h shall be in hand by a state 228
	300	+	marshal, constable or an indifferent person. 229
	301	+	(f) In addition to the notice given under subsection (e) of this section, 230
	302	+	each person who files an appeal pursuant to this section shall mail a 231
	303	+	copy of the complaint to the Probate Court that rendered the order, 232
	304	+	denial or decree appealed from. The Probate Court and the probate 233
	305	+	judge that rendered the order, denial or decree appealed from shall not 234
	306	+	be made parties to the appeal and shall not be named in the complaint 235
	307	+	as parties. 236
	308	+	(g) Not later than fifteen days after a person files an appeal under this 237
	309	+	section, the person who filed the appeal shall file or cause to be filed 238
	310	+	with the clerk of the Superior Court a document containing (1) the name, 239
	311	+	address and signature of the person making service, and (2) a statement 240
	312	+	of the date and manner in which a copy of the complaint was served on 241
	313	+	each interested party and mailed to the Probate Court that rendered the 242
	314	+	order, denial or decree appealed from. 243
	315	+	(h) If service has not been made on an interested party, the Superior 244
	316	+	Court, on motion, shall make such orders of notice of the appeal as are 245
	317	+	reasonably calculated to notify any necessary party not yet served. 246
	318	+	(i) A hearing in an appeal from probate proceedings under section 247
	319	+	17a-77, 17a-80, 17a-498, 17a-510, 17a-511, 17a-543, 17a-543a, 17a-685, 19a-248
	320	+	131b, 45a-650, 45a-654, 45a-660, 45a-674, 45a-676, 45a-681, 45a-682, 45a-249
	321	+	699, 45a-703 or 45a-717 shall commence, unless a stay has been issued 250
	322	+	pursuant to subsection (j) of this section, not later than ninety days after 251
	323	+	the appeal has been filed. 252
	324	+	(j) The filing of an appeal under this section shall not, of itself, stay 253
	325	+	enforcement of the order, denial or decree from which the appeal is 254
	326	+	taken. A motion for a stay may be made to the Probate Court or the 255
	327	+	Superior Court. The filing of a motion with the Probate Court shall not 256
	328	+	preclude action by the Superior Court. 257 Raised Bill No. 959
415	329
416		-	Public Act No. 21-100 14 of 20
417	330
418		-	2021):
419		-	(k) Upon motion of any interested party in a Probate Court
420		-	proceeding under this section, the Probate Court of record may transfer
421		-	the file for cause shown to a Probate Court for a district other than the
422		-	district in which the initial or permanency hearing was held. [The file
423		-	shall be transferred by the Probate Court of record making copies of all
424		-	recorded documents in the court file, certifying each of them, and
425		-	delivering the certified copies to the Probate Court to which the matter
426		-	is transferred.] Upon issuance of an order to transfer a file under this
427		-	subsection, the transferring court shall transmit a digital image of each
428		-	document in the court file to the transferee court using the document
429		-	management system maintained by the Office of the Probate Court
430		-	Administrator. The transferee court shall thereupon assume jurisdiction
431		-	over the voluntary admission in accordance with the provisions of this
432		-	section.
433		-	Sec. 15. Subsection (b) of section 17a-274 of the general statutes is
434		-	repealed and the following is substituted in lieu thereof (Effective July 1,
435		-	2021):
436		-	(b) A petition to the Probate Court for placement under this section
437		-	may be filed by any interested party. The petition and all records of
438		-	Probate Court proceedings held as a result of the filing of such petition
439		-	shall be confidential and shall not be open to public inspection by or
440		-	disclosed to any person, except that (1) such records shall be available
441		-	to (A) the parties in any such case and their counsel, (B) the Department
442		-	of Developmental Services, and (C) the [office] Office of the Probate
443		-	Court Administrator; (2) if the court appoints a legal representative, the
444		-	names of the legal representative and the protected person shall be
445		-	public; and (3) the court may, after hearing with notice to the
446		-	respondent, the respondent's counsel, the legal representative and the
447		-	Department of Developmental Services, permit records to be disclosed
448		-	for cause shown. The petition shall allege that the respondent is a person Senate Bill No. 959
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450		-	Public Act No. 21-100 15 of 20
	335	+	(k) Nothing in this section shall prevent any person aggrieved by any 258
	336	+	order, denial or decree of a Probate Court in any matter, unless 259
	337	+	otherwise specially provided by law, from filing a petition for a writ of 260
	338	+	habeas corpus, a petition for termination of involuntary representation 261
	339	+	or a petition for any other available remedy. 262
	340	+	(l) (1) Except for matters described in subdivision (3) of this 263
	341	+	subsection, in any appeal filed under this section, the appeal may be 264
	342	+	referred by the Superior Court to a special assignment probate judge 265
	343	+	appointed in accordance with section 45a-79b, who is assigned by the 266
	344	+	Probate Court Administrator for the purposes of such appeal, except 267
	345	+	that such appeal shall be heard by the Superior Court if any party files 268
	346	+	a demand for such hearing in writing with the Superior Court not later 269
	347	+	than twenty days after service of the appeal. 270
	348	+	(2) An appeal referred to a special assignment probate judge 271
	349	+	pursuant to this subsection shall proceed in accordance with the rules 272
	350	+	for references set forth in the rules of the judges of the Superior Court. 273
	351	+	(3) The following matters shall not be referred to a special assignment 274
	352	+	probate judge pursuant to this subsection: Appeals under sections 17a-275
	353	+	75 to 17a-83, inclusive, section 17a-274, sections 17a-495 to 17a-528, 276
	354	+	inclusive, sections 17a-543, 17a-543a, 17a-685 to 17a-688, inclusive, 19a-277
	355	+	131b, children's matters as defined in subsection (a) of section 45a-8a, 278
	356	+	sections 45a-644 to 45a-663, inclusive, 45a-668 to 45a-683, inclusive, and 279
	357	+	45a-690 to 45a-700, inclusive, and any matter in a Probate Court heard 280
	358	+	on the record in accordance with sections 51-72 and 51-73. 281
	359	+	Sec. 10. Section 45a-186a of the general statutes is repealed and the 282
	360	+	following is substituted in lieu thereof (Effective July 1, 2021): 283
	361	+	(a) In an appeal from an order, denial or decree of a Probate Court 284
	362	+	made after a hearing that is on the record under section 17a-498, 17a-285
	363	+	543, 17a-543a, [or] 17a-685 or 19a-131b, sections 45a-644 to 45a-667v, 286
	364	+	inclusive, or section 51-72 or 51-73, not later than thirty days after service 287
	365	+	is made of such appeal under section 45a-186, or within such further 288 Raised Bill No. 959
451	366
452		-	with intellectual disability and (A) is unable to provide for himself or
453		-	herself at least one of the following: Education, habilitation, care for
454		-	personal health and mental health needs, meals, clothing, safe shelter or
455		-	protection from harm; (B) has no family or legal representative or other
456		-	person to care for the respondent or the respondent's family or the legal
457		-	representative or other person can no longer provide adequate care for
458		-	the respondent; (C) is unable to obtain adequate, appropriate services
459		-	which would enable the respondent to receive care, treatment and
460		-	education or habilitation without placement by a Probate Court; and (D)
461		-	is not willing to be placed under the custody and control of the
462		-	Department of Developmental Services or its agents or voluntary
463		-	admission has been sought by the legal representative of the respondent
464		-	and such voluntary admission has been opposed by the protected
465		-	person or the protected person's next of kin.
466		-	Sec. 16. Section 45a-9a of the general statutes is repealed and the
467		-	following is substituted in lieu thereof (Effective July 1, 2021):
468		-	Any person seeking on-line access to any data processing system
469		-	operated by the [office] Office of the Probate Court Administrator, or
470		-	seeking, in any other medium, information stored in such data
471		-	processing system, may be required to pay to the [office] Office of the
472		-	Probate Court Administrator an amount, as established in a fee schedule
473		-	determined by the Probate Court Administrator, for deposit in the
474		-	Probate Court Administration Fund established in section 45a-82. Such
475		-	fee schedule may include reasonable charges for personal services,
476		-	fringe benefits, supplies and any other expenses related to maintaining,
477		-	improving and providing such data processing services including, but
478		-	not limited to, program modifications, training expenses, central
479		-	processor user time and the rental and maintenance of equipment.
480		-	Sec. 17. Subsection (c) of section 45a-27 of the general statutes is
481		-	repealed and the following is substituted in lieu thereof (Effective July 1,
482		-	2021): Senate Bill No. 959
483	367
484		-	Public Act No. 21-100 16 of 20
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485	371
486		-	(c) The curriculum for the courses required by subsection (b) of this
487		-	section shall be established by the Probate Court Administrator and
488		-	shall be designed to establish a minimum level of proficiency by judges
489		-	of probate. The courses shall be given by qualified instructors approved
490		-	by the Probate Court Administrator. The Probate Court Administrator
491		-	may waive completion of a course required by subdivision (2) of
492		-	subsection (b) on demonstration by a probate judge of proficiency in the
493		-	subject matter. The Probate Court Administrator may, for good cause,
494		-	allow a probate judge to satisfy a requirement of subsection (b) of this
495		-	section by auditing, at the [office] Office of the Probate Court
496		-	Administrator or at such other place as the Probate Court Administrator
497		-	may designate, instructional tapes approved by the Probate Court
498		-	Administrator. The Probate Court Administrator shall adopt
499		-	appropriate time requirements for training of a probate judge elected in
500		-	a special election and may modify other requirements of this section as
501		-	circumstances may require.
502		-	Sec. 18. Subsection (e) of section 45a-65 of the general statutes is
503		-	repealed and the following is substituted in lieu thereof (Effective July 1,
504		-	2021):
505		-	(e) Except as provided in subsections (g) and (h) of section 45a-63, all
506		-	decisions of the council shall be public record and shall be available for
507		-	inspection at the [office] Office of the Probate Court Administrator.
508		-	Sec. 19. Subsection (d) of section 45a-68 of the general statutes is
509		-	repealed and the following is substituted in lieu thereof (Effective July 1,
510		-	2021):
511		-	(d) The financial statement and disclosure, except as otherwise
512		-	provided in this section, shall be open to inspection at the [office] Office
513		-	of the Probate Court Administrator.
514		-	Sec. 20. Section 45a-76 of the general statutes is repealed and the Senate Bill No. 959
	372	+	time as may be allowed by the Superior Court, the Probate Court shall 289
	373	+	transcribe any portion of the recording of the proceedings that has not 290
	374	+	been transcribed. The expense for such transcript shall be charged 291
	375	+	against the person who filed the appeal, except that if the person who 292
	376	+	filed the appeal is unable to pay such expense and files an affidavit with 293
	377	+	the court demonstrating the inability to pay, the expense of the 294
	378	+	transcript shall be paid by the Probate Court Administrator and paid 295
	379	+	from the Probate Court Administration Fund. 296
	380	+	(b) The Probate Court shall transmit to the Superior Court the original 297
	381	+	or a certified copy of the entire record of the proceeding from which the 298
	382	+	appeal was taken. The record shall include, but not be limited to, the 299
	383	+	findings of fact and conclusions of law, separately stated, of the Probate 300
	384	+	Court. 301
	385	+	(c) An appeal from an order, denial or decree made after a hearing on 302
	386	+	the record under section 17a-498, 17a-543, 17a-543a, [or] 17a-685 or 19a-303
	387	+	131b, sections 45a-644 to 45a-667v, inclusive, or section 51-72 or 51-73, 304
	388	+	shall be heard by the Superior Court without a jury, and may be referred 305
	389	+	to a state referee appointed under section 51-50l. The appeal shall be 306
	390	+	confined to the record. If alleged irregularities in procedure before the 307
	391	+	Probate Court are not shown in the record or if facts necessary to 308
	392	+	establish such alleged irregularities in procedure are not shown in the 309
	393	+	record, proof limited to such alleged irregularities may be taken in the 310
	394	+	Superior Court. The Superior Court, on request of any party, shall hear 311
	395	+	oral argument and receive written briefs. 312
	396	+	Sec. 11. Section 45a-186b of the general statutes is repealed and the 313
	397	+	following is substituted in lieu thereof (Effective July 1, 2021): 314
	398	+	In an appeal taken under section 45a-186 from a matter heard on the 315
	399	+	record in the Probate Court under section 17a-498, 17a-543, 17a-543a, 316
	400	+	[or] 17a-685, or 19a-131b, sections 45a-644 to 45a-667v, inclusive, or 317
	401	+	section 51-72 or 51-73, the Superior Court shall not substitute its 318
	402	+	judgment for that of the Probate Court as to the weight of the evidence 319
	403	+	on questions of fact. The Superior Court shall affirm the decision of the 320 Raised Bill No. 959
515	404
516		-	Public Act No. 21-100 17 of 20
517	405
518		-	following is substituted in lieu thereof (Effective July 1, 2021):
519		-	The Probate Court Administrator shall file with the Chief Court
520		-	Administrator, on or before the first day of April of each even-numbered
521		-	year, a report of the business of the [office] Office of the Probate Court
522		-	Administrator during the biennium ending on the preceding June
523		-	thirtieth, together with any information that the Chief Court
524		-	Administrator may request.
525		-	Sec. 21. Subsection (a) of section 45a-80 of the general statutes is
526		-	repealed and the following is substituted in lieu thereof (Effective July 1,
527		-	2021):
528		-	(a) The Commissioner of Administrative Services shall provide such
529		-	office space for the conduct of the duties of the [office] Office of the
530		-	Probate Court Administrator as the Probate Court Administrator
531		-	approves. The expenses of the office space shall be paid from the fund
532		-	established under section 45a-82.
533		-	Sec. 22. Subdivision (1) of subsection (a) of section 45a-84 of the
534		-	general statutes is repealed and the following is substituted in lieu
535		-	thereof (Effective July 1, 2021):
536		-	(a) (1) On or before April first of each year, the Probate Court
537		-	Administrator shall prepare a proposed budget for the next succeeding
538		-	fiscal year beginning July first, for the appropriate expenditures of funds
539		-	from the Probate Court Administration Fund to carry out the statutory
540		-	duties of the Probate Court Administrator. The proposed budget shall
541		-	reflect all costs related to the [office] Office of the Probate Court
542		-	Administrator and the operation of the [courts of probate] Probate
543		-	Courts, including, but not limited to, compensation, group
544		-	hospitalization and medical and surgical insurance plans and
545		-	retirement benefits for probate judges and employees. Expenditures in
546		-	the proposed budget shall not exceed anticipated available funds. Senate Bill No. 959
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547	409
548		-	Public Act No. 21-100 18 of 20
	410	+	Probate Court unless the Superior Court finds that substantial rights of 321
	411	+	the person appealing have been prejudiced because the findings, 322
	412	+	inferences, conclusions or decisions are: (1) In violation of the federal or 323
	413	+	state constitution or the general statutes, (2) in excess of the statutory 324
	414	+	authority of the Probate Court, (3) made on unlawful procedure, (4) 325
	415	+	affected by other error of law, (5) clearly erroneous in view of the 326
	416	+	reliable, probative and substantial evidence on the whole record, or (6) 327
	417	+	arbitrary or capricious or characterized by abuse of discretion or clearly 328
	418	+	unwarranted exercise of discretion. If the Superior Court finds such 329
	419	+	prejudice, the Superior Court shall sustain the appeal and, if 330
	420	+	appropriate, may render a judgment that modifies the Probate Court's 331
	421	+	order, denial or decree or remand the case to the Probate Court for 332
	422	+	further proceedings. For the purposes of this section, a remand is a final 333
	423	+	judgment. 334
	424	+	Sec. 12. Section 45a-597 of the general statutes is repealed and the 335
	425	+	following is substituted in lieu thereof (Effective July 1, 2021): 336
	426	+	(a) Upon the death of a [minor] person with respect to whose estate a 337
	427	+	guardian or conservator has been duly appointed by a [court of probate] 338
	428	+	Probate Court, has qualified and is acting as such, [and upon the death 339
	429	+	of a person with respect to whose estate a conservator has been duly 340
	430	+	appointed, has qualified and is acting as such,] if (1) the estate consists 341
	431	+	entirely of personalty, and (2) the estate remaining in the hands of the 342
	432	+	guardian or conservator at the time of the death of the [protected] 343
	433	+	person is not more than sufficient to pay expenses incurred during the 344
	434	+	lifetime of the [protected] person and not paid as of the date of death, 345
	435	+	administration expenses necessary to the settlement of the fiduciary's 346
	436	+	final account and the funeral expenses, including the cost of a suitable 347
	437	+	monument and cemetery plot, then such guardian or conservator may 348
	438	+	pay such expenses and take credit therefor on his final account. The 349
	439	+	payments shall be subject to the limitations set forth in sections 17b-95 350
	440	+	and 17b-300. 351
	441	+	(b) If the estate is less than sufficient to pay all such expenses in full, 352
	442	+	the provisions of section 45a-365 as to order of payment shall govern. 353 Raised Bill No. 959
549	443
550		-	Sec. 23. Subsection (e) of section 45a-649a of the general statutes is
551		-	repealed and the following is substituted in lieu thereof (Effective July 1,
552		-	2021):
553		-	(e) If the respondent or conserved person is indigent, an attorney
554		-	appointed under this section shall be paid a reasonable rate of
555		-	compensation. Rates of compensation for such appointed attorneys
556		-	shall be established by the [office] Office of the Probate Court
557		-	Administrator. Such compensation shall be paid from funds
558		-	appropriated to the Judicial Department. If funds have not been
559		-	included in the budget of the Judicial Department for such purposes,
560		-	such compensation shall be paid from the Probate Court Administration
561		-	Fund.
562		-	Sec. 24. Subsection (c) of section 45a-670 of the general statutes is
563		-	repealed and the following is substituted in lieu thereof (Effective July 1,
564		-	2021):
565		-	(c) All records of cases related to guardianship under sections 45a-
566		-	669 to 45a-683, inclusive, shall be confidential and shall not be open to
567		-	public inspection by or disclosed to any person, except that (1) such
568		-	records shall be available to (A) the parties in any such case and their
569		-	counsel, (B) the Department of Developmental Services, and (C) the
570		-	[office] Office of the Probate Court Administrator; (2) if the court
571		-	appoints a guardian, the names of the guardian and the protected
572		-	person shall be public; and (3) the court may, after hearing with notice
573		-	to the respondent, the respondent’s counsel, the guardian and the
574		-	Department of Developmental Services, permit records to be disclosed
575		-	for cause shown.
576		-	Sec. 25. Subsection (a) of section 45a-674 of the general statutes is
577		-	repealed and the following is substituted in lieu thereof (Effective July 1,
578		-	2021): Senate Bill No. 959
579	444
580		-	Public Act No. 21-100 19 of 20
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581	448
582		-	(a) ~~At any hearing for appointment~~ of ~~a plenary guardian or limited~~
583		-	~~guardian,~~ the ~~court shall receive evidence as to the condition of the~~
584		-	~~respondent, including a written report or testimony by a Department of~~
585		-	~~Developmental Services assessment team appointed by~~ the
586		-	~~Commissioner~~ of ~~Developmental Services or his or her designee~~, no
587		-	~~member of which is related~~ by ~~blood, marriage or adoption to either~~ the
588		-	~~petitioner or~~ the ~~respondent and each member of which has personally~~
589		-	~~observed or examined the respondent within forty-five~~ ~~days next~~
590		-	~~preceding such hearing.~~ The ~~assessment team shall be comprised of at~~
591		-	~~least two representatives from among appropriate disciplines having~~
592		-	~~expertise in~~ the ~~evaluation of persons alleged to have intellectual~~
593		-	~~disability~~. The ~~assessment team members shall make their report on a~~
594		-	~~form provided for that purpose by~~ the ~~[office] Office of the Probate~~
595		-	~~Court Administrator and shall answer questions on such form as fully~~
596		-	~~and completely as possible.~~ ~~The report shall contain specific information~~
597		-	~~regarding~~ the ~~severity~~ of ~~the intellectual disability of the respondent and~~
598		-	~~those specific areas,~~ ~~if any,~~ ~~in which~~ the ~~respondent needs the~~
599		-	~~supervision and protection of a guardian, and shall state upon~~ the ~~form~~
600		-	~~the reasons for such opinions.~~ The ~~petitioner, respondent or the~~
601		-	~~respondent's counsel shall have~~ the ~~right to present evidence~~ and ~~cross-~~
602		-	~~examine witnesses who testify at any hearing on~~ the ~~petition. If~~ the
603		-	~~respondent or the respondent's counsel notifies the court not less than~~
604		-	~~three days before~~ the ~~hearing that he or she wishes to cross-examine~~ ~~the~~
605		-	~~witnesses,~~ the court ~~shall order such witnesses~~ to ~~appear.~~ The ~~fees for~~
606		-	~~such assessment team shall be paid from funds appropriated to~~ the
607		-	~~Department of Developmental Services~~.
608		-	~~Sec. 26.~~ ~~Subsection (g)~~ of ~~section 45a-677~~ ~~of the general statutes is~~
609		-	~~repealed and the following is substituted in lieu thereof (Effective July 1,~~
610		-	~~2021~~):
611		-	~~(g) Such reports shall be submitted on a form provided by~~ the ~~[office]~~
612		-	~~Office of the Probate Court Administrator and shall contain the Senate~~ Bill No. 959
	449	+	Sec. 13. Subsection (c) of section 46b-172a of the general statutes is 354
	450	+	repealed and the following is substituted in lieu thereof (Effective July 1, 355
	451	+	2021): 356
	452	+	(c) The child shall be made a party to the action. [and] If the child is a 357
	453	+	minor at the time of the proceedings, the minor child shall be 358
	454	+	represented by a guardian ad litem appointed by the court in 359
	455	+	accordance with section 45a-708. Payment for the guardian ad litem 360
	456	+	shall be made in accordance with such section from funds appropriated 361
	457	+	to the Judicial Department, except that, if funds have not been included 362
	458	+	in the budget of the Judicial Department for such purposes, such 363
	459	+	payment shall be made from the Probate Court Administration Fund. 364
	460	+	Sec. 14. Subsection (k) of section 17a-11 of the general statutes is 365
	461	+	repealed and the following is substituted in lieu thereof (Effective July 1, 366
	462	+	2021): 367
	463	+	(k) Upon motion of any interested party in a Probate Court 368
	464	+	proceeding under this section, the Probate Court of record may transfer 369
	465	+	the file for cause shown to a Probate Court for a district other than the 370
	466	+	district in which the initial or permanency hearing was held. [The file 371
	467	+	shall be transferred by the Probate Court of record making copies of all 372
	468	+	recorded documents in the court file, certifying each of them, and 373
	469	+	delivering the certified copies to the Probate Court to which the matter 374
	470	+	is transferred.] Upon issuance of an order to transfer a file under this 375
	471	+	subsection, the transferring court shall transmit a digital image of each 376
	472	+	document in the court file to the transferee court using the document 377
	473	+	management system maintained by the Office of the Probate Court 378
	474	+	Administrator. The transferee court shall thereupon assume jurisdiction 379
	475	+	over the voluntary admission in accordance with the provisions of this 380
	476	+	section. 381
	477	+	Sec. 15. Subsection (b) of section 17a-274 of the general statutes is 382
	478	+	repealed and the following is substituted in lieu thereof (Effective July 1, 383
	479	+	2021): 384 Raised Bill No. 959
613	480
614		-	Public Act No. 21-100 20 of 20
615	481
616		-	following information: (1) Significant changes in the capacity of the
617		-	protected person to meet the essential requirements for the protected
618		-	person's physical health or safety; (2) the services being provided to the
619		-	protected person and the relationship of those services to the individual
620		-	guardianship plan; (3) the significant actions taken by the limited
621		-	guardian or plenary guardian during the reporting period; (4) any
622		-	significant problems relating to the guardianship which have arisen
623		-	during the reporting period; and (5) whether such guardianship, in the
624		-	opinion of the guardian, should continue, be modified, or be terminated,
625		-	and the reasons therefor.
626		-	Sec. 27. Subsection (a) of section 45a-754 of the general statutes is
627		-	repealed and the following is substituted in lieu thereof (Effective July 1,
628		-	2021):
629		-	(a) All records of cases related to termination of parental rights,
630		-	removal of a parent as guardian, appointment of a statutory parent,
631		-	adoption matters, temporary guardianship and emancipation of a minor
632		-	shall be confidential and shall not be open to inspection by or disclosed
633		-	to any third party, except that (1) such records shall be available to (A)
634		-	the parties in any such case and their counsel; (B) the Department of
635		-	Children and Families; (C) any licensed child-placing agency involved
636		-	in any such case; (D) any judge or employee of a court of this state who,
637		-	in the performance of his or her duties, requires access to such records;
638		-	(E) the [office] Office of the Probate Court Administrator; and (F) courts
639		-	of other states under the provisions of sections 46b-115a to 46b-115gg,
640		-	inclusive; and (2) access to and disclosure of adoption records shall be
641		-	in accordance with subsection (b) of this section.
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	485	+
	486	+	(b) A petition to the Probate Court for placement under this section 385
	487	+	may be filed by any interested party. The petition and all records of 386
	488	+	Probate Court proceedings held as a result of the filing of such petition 387
	489	+	shall be confidential and shall not be open to public inspection by or 388
	490	+	disclosed to any person, except that (1) such records shall be available 389
	491	+	to (A) the parties in any such case and their counsel, (B) the Department 390
	492	+	of Developmental Services, and (C) the [office] Office of the Probate 391
	493	+	Court Administrator; (2) if the court appoints a legal representative, the 392
	494	+	names of the legal representative and the protected person shall be 393
	495	+	public; and (3) the court may, after hearing with notice to the 394
	496	+	respondent, the respondent's counsel, the legal representative and the 395
	497	+	Department of Developmental Services, permit records to be disclosed 396
	498	+	for cause shown. The petition shall allege that the respondent is a person 397
	499	+	with intellectual disability and (A) is unable to provide for himself or 398
	500	+	herself at least one of the following: Education, habilitation, care for 399
	501	+	personal health and mental health needs, meals, clothing, safe shelter or 400
	502	+	protection from harm; (B) has no family or legal representative or other 401
	503	+	person to care for the respondent or the respondent's family or the legal 402
	504	+	representative or other person can no longer provide adequate care for 403
	505	+	the respondent; (C) is unable to obtain adequate, appropriate services 404
	506	+	which would enable the respondent to receive care, treatment and 405
	507	+	education or habilitation without placement by a Probate Court; and (D) 406
	508	+	is not willing to be placed under the custody and control of the 407
	509	+	Department of Developmental Services or its agents or voluntary 408
	510	+	admission has been sought by the legal representative of the respondent 409
	511	+	and such voluntary admission has been opposed by the protected 410
	512	+	person or the protected person's next of kin. 411
	513	+	Sec. 16. Section 45a-9a of the general statutes is repealed and the 412
	514	+	following is substituted in lieu thereof (Effective July 1, 2021): 413
	515	+	Any person seeking on-line access to any data processing system 414
	516	+	operated by the [office] Office of the Probate Court Administrator, or 415
	517	+	seeking, in any other medium, information stored in such data 416
	518	+	processing system, may be required to pay to the [office] Office of the 417 Raised Bill No. 959
	519	+
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	524	+
	525	+	Probate Court Administrator an amount, as established in a fee schedule 418
	526	+	determined by the Probate Court Administrator, for deposit in the 419
	527	+	Probate Court Administration Fund established in section 45a-82. Such 420
	528	+	fee schedule may include reasonable charges for personal services, 421
	529	+	fringe benefits, supplies and any other expenses related to maintaining, 422
	530	+	improving and providing such data processing services including, but 423
	531	+	not limited to, program modifications, training expenses, central 424
	532	+	processor user time and the rental and maintenance of equipment. 425
	533	+	Sec. 17. Subsection (c) of section 45a-27 of the general statutes is 426
	534	+	repealed and the following is substituted in lieu thereof (Effective July 1, 427
	535	+	2021): 428
	536	+	(c) The curriculum for the courses required by subsection (b) of this 429
	537	+	section shall be established by the Probate Court Administrator and 430
	538	+	shall be designed to establish a minimum level of proficiency by judges 431
	539	+	of probate. The courses shall be given by qualified instructors approved 432
	540	+	by the Probate Court Administrator. The Probate Court Administrator 433
	541	+	may waive completion of a course required by subdivision (2) of 434
	542	+	subsection (b) on demonstration by a probate judge of proficiency in the 435
	543	+	subject matter. The Probate Court Administrator may, for good cause, 436
	544	+	allow a probate judge to satisfy a requirement of subsection (b) of this 437
	545	+	section by auditing, at the [office] Office of the Probate Court 438
	546	+	Administrator or at such other place as the Probate Court Administrator 439
	547	+	may designate, instructional tapes approved by the Probate Court 440
	548	+	Administrator. The Probate Court Administrator shall adopt 441
	549	+	appropriate time requirements for training of a probate judge elected in 442
	550	+	a special election and may modify other requirements of this section as 443
	551	+	circumstances may require. 444
	552	+	Sec. 18. Subsection (e) of section 45a-65 of the general statutes is 445
	553	+	repealed and the following is substituted in lieu thereof (Effective July 1, 446
	554	+	2021): 447
	555	+	(e) Except as provided in subsections (g) and (h) of section 45a-63, all 448
	556	+	decisions of the council shall be public record and shall be available for 449 Raised Bill No. 959
	557	+
	558	+
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	562	+
	563	+	inspection at the [office] Office of the Probate Court Administrator. 450
	564	+	Sec. 19. Subsection (d) of section 45a-68 of the general statutes is 451
	565	+	repealed and the following is substituted in lieu thereof (Effective July 1, 452
	566	+	2021): 453
	567	+	(d) The financial statement and disclosure, except as otherwise 454
	568	+	provided in this section, shall be open to inspection at the [office] Office 455
	569	+	of the Probate Court Administrator. 456
	570	+	Sec. 20. Section 45a-76 of the general statutes is repealed and the 457
	571	+	following is substituted in lieu thereof (Effective July 1, 2021): 458
	572	+	The Probate Court Administrator shall file with the Chief Court 459
	573	+	Administrator, on or before the first day of April of each even-numbered 460
	574	+	year, a report of the business of the [office] Office of the Probate Court 461
	575	+	Administrator during the biennium ending on the preceding June 462
	576	+	thirtieth, together with any information that the Chief Court 463
	577	+	Administrator may request. 464
	578	+	Sec. 21. Subsection (a) of section 45a-80 of the general statutes is 465
	579	+	repealed and the following is substituted in lieu thereof (Effective July 1, 466
	580	+	2021): 467
	581	+	(a) The Commissioner of Administrative Services shall provide such 468
	582	+	office space for the conduct of the duties of the [office] Office of the 469
	583	+	Probate Court Administrator as the Probate Court Administrator 470
	584	+	approves. The expenses of the office space shall be paid from the fund 471
	585	+	established under section 45a-82. 472
	586	+	Sec. 22. Subdivision (1) of subsection (a) of section 45a-84 of the 473
	587	+	general statutes is repealed and the following is substituted in lieu 474
	588	+	thereof (Effective July 1, 2021): 475
	589	+	(a) (1) On or before April first of each year, the Probate Court 476
	590	+	Administrator shall prepare a proposed budget for the next succeeding 477
	591	+	fiscal year beginning July first, for the appropriate expenditures of funds 478 Raised Bill No. 959
	592	+
	593	+
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	597	+
	598	+	from the Probate Court Administration Fund to carry out the statutory 479
	599	+	duties of the Probate Court Administrator. The proposed budget shall 480
	600	+	reflect all costs related to the [office] Office of the Probate Court 481
	601	+	Administrator and the operation of the [courts of probate] Probate 482
	602	+	Courts, including, but not limited to, compensation, group 483
	603	+	hospitalization and medical and surgical insurance plans and 484
	604	+	retirement benefits for probate judges and employees. Expenditures in 485
	605	+	the proposed budget shall not exceed anticipated available funds. 486
	606	+	Sec. 23. Subsection (e) of section 45a-649a of the general statutes is 487
	607	+	repealed and the following is substituted in lieu thereof (Effective July 1, 488
	608	+	2021): 489
	609	+	(e) If the respondent or conserved person is indigent, an attorney 490
	610	+	appointed under this section shall be paid a reasonable rate of 491
	611	+	compensation. Rates of compensation for such appointed attorneys 492
	612	+	shall be established by the [office] Office of the Probate Court 493
	613	+	Administrator. Such compensation shall be paid from funds 494
	614	+	appropriated to the Judicial Department. If funds have not been 495
	615	+	included in the budget of the Judicial Department for such purposes, 496
	616	+	such compensation shall be paid from the Probate Court Administration 497
	617	+	Fund. 498
	618	+	Sec. 24. Subsection (c) of section 45a-670 of the general statutes is 499
	619	+	repealed and the following is substituted in lieu thereof (Effective July 1, 500
	620	+	2021): 501
	621	+	(c) All records of cases related to guardianship under sections 45a-502
	622	+	669 to 45a-683, inclusive, shall be confidential and shall not be open to 503
	623	+	public inspection by or disclosed to any person, except that (1) such 504
	624	+	records shall be available to (A) the parties in any such case and their 505
	625	+	counsel, (B) the Department of Developmental Services, and (C) the 506
	626	+	[office] Office of the Probate Court Administrator; (2) if the court 507
	627	+	appoints a guardian, the names of the guardian and the protected 508
	628	+	person shall be public; and (3) the court may, after hearing with notice 509
	629	+	to the respondent, the respondent’s counsel, the guardian and the 510 Raised Bill No. 959
	630	+
	631	+
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	635	+
	636	+	Department of Developmental Services, permit records to be disclosed 511
	637	+	for cause shown. 512
	638	+	Sec. 25. Subsection (a) of section 45a-674 of the general statutes is 513
	639	+	repealed and the following is substituted in lieu thereof (Effective July 1, 514
	640	+	2021): 515
	641	+	(a) At any hearing for appointment of a plenary guardian or limited 516
	642	+	guardian, the court shall receive evidence as to the condition of the 517
	643	+	respondent, including a written report or testimony by a Department of 518
	644	+	Developmental Services assessment team appointed by the 519
	645	+	Commissioner of Developmental Services or his or her designee, no 520
	646	+	member of which is related by blood, marriage or adoption to either the 521
	647	+	petitioner or the respondent and each member of which has personally 522
	648	+	observed or examined the respondent within forty-five days next 523
	649	+	preceding such hearing. The assessment team shall be comprised of at 524
	650	+	least two representatives from among appropriate disciplines having 525
	651	+	expertise in the evaluation of persons alleged to have intellectual 526
	652	+	disability. The assessment team members shall make their report on a 527
	653	+	form provided for that purpose by the [office] Office of the Probate 528
	654	+	Court Administrator and shall answer questions on such form as fully 529
	655	+	and completely as possible. The report shall contain specific information 530
	656	+	regarding the severity of the intellectual disability of the respondent and 531
	657	+	those specific areas, if any, in which the respondent needs the 532
	658	+	supervision and protection of a guardian, and shall state upon the form 533
	659	+	the reasons for such opinions. The petitioner, respondent or the 534
	660	+	respondent's counsel shall have the right to present evidence and cross-535
	661	+	examine witnesses who testify at any hearing on the petition. If the 536
	662	+	respondent or the respondent's counsel notifies the court not less than 537
	663	+	three days before the hearing that he or she wishes to cross-examine the 538
	664	+	witnesses, the court shall order such witnesses to appear. The fees for 539
	665	+	such assessment team shall be paid from funds appropriated to the 540
	666	+	Department of Developmental Services. 541
	667	+	Sec. 26. Subsection (g) of section 45a-677 of the general statutes is 542
	668	+	repealed and the following is substituted in lieu thereof (Effective July 1, 543 Raised Bill No. 959
	669	+
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	674	+
	675	+	2021): 544
	676	+	(g) Such reports shall be submitted on a form provided by the [office] 545
	677	+	Office of the Probate Court Administrator and shall contain the 546
	678	+	following information: (1) Significant changes in the capacity of the 547
	679	+	protected person to meet the essential requirements for the protected 548
	680	+	person's physical health or safety; (2) the services being provided to the 549
	681	+	protected person and the relationship of those services to the individual 550
	682	+	guardianship plan; (3) the significant actions taken by the limited 551
	683	+	guardian or plenary guardian during the reporting period; (4) any 552
	684	+	significant problems relating to the guardianship which have arisen 553
	685	+	during the reporting period; and (5) whether such guardianship, in the 554
	686	+	opinion of the guardian, should continue, be modified, or be terminated, 555
	687	+	and the reasons therefor. 556
	688	+	Sec. 27. Subsection (a) of section 45a-754 of the general statutes is 557
	689	+	repealed and the following is substituted in lieu thereof (Effective July 1, 558
	690	+	2021): 559
	691	+	(a) All records of cases related to termination of parental rights, 560
	692	+	removal of a parent as guardian, appointment of a statutory parent, 561
	693	+	adoption matters, temporary guardianship and emancipation of a minor 562
	694	+	shall be confidential and shall not be open to inspection by or disclosed 563
	695	+	to any third party, except that (1) such records shall be available to (A) 564
	696	+	the parties in any such case and their counsel; (B) the Department of 565
	697	+	Children and Families; (C) any licensed child-placing agency involved 566
	698	+	in any such case; (D) any judge or employee of a court of this state who, 567
	699	+	in the performance of his or her duties, requires access to such records; 568
	700	+	(E) the [office] Office of the Probate Court Administrator; and (F) courts 569
	701	+	of other states under the provisions of sections 46b-115a to 46b-115gg, 570
	702	+	inclusive; and (2) access to and disclosure of adoption records shall be 571
	703	+	in accordance with subsection (b) of this section. 572
	704	+	This act shall take effect as follows and shall amend the following
	705	+	sections:
	706	+	Raised Bill No. 959
	707	+
	708	+
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	712	+
	713	+	Section 1 July 1, 2021 45a-106a(b)
	714	+	Sec. 2 July 1, 2021 45a-106a(c)
	715	+	Sec. 3 July 1, 2021 45a-107(b)(4)
	716	+	Sec. 4 July 1, 2021 45a-107(c)(4)
	717	+	Sec. 5 July 1, 2021 45a-111
	718	+	Sec. 6 July 1, 2021 45a-112
	719	+	Sec. 7 July 1, 2021 45a-113a
	720	+	Sec. 8 July 1, 2021 45a-113b
	721	+	Sec. 9 July 1, 2021 45a-186(d) to (l)
	722	+	Sec. 10 July 1, 2021 45a-186a
	723	+	Sec. 11 July 1, 2021 45a-186b
	724	+	Sec. 12 July 1, 2021 45a-597
	725	+	Sec. 13 July 1, 2021 46b-172a(c)
	726	+	Sec. 14 July 1, 2021 17a-11(k)
	727	+	Sec. 15 July 1, 2021 17a-274(b)
	728	+	Sec. 16 July 1, 2021 45a-9a
	729	+	Sec. 17 July 1, 2021 45a-27(c)
	730	+	Sec. 18 July 1, 2021 45a-65(e)
	731	+	Sec. 19 July 1, 2021 45a-68(d)
	732	+	Sec. 20 July 1, 2021 45a-76
	733	+	Sec. 21 July 1, 2021 45a-80(a)
	734	+	Sec. 22 July 1, 2021 45a-84(a)(1)
	735	+	Sec. 23 July 1, 2021 45a-649a(e)
	736	+	Sec. 24 July 1, 2021 45a-670(c)
	737	+	Sec. 25 July 1, 2021 45a-674(a)
	738	+	Sec. 26 July 1, 2021 45a-677(g)
	739	+	Sec. 27 July 1, 2021 45a-754(a)
	740	+
	741	+	JUD Joint Favorable
642	742