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General Assembly Raised Bill No. 1060
January Session, 2021
LCO No. 5482
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING CO URT PROCEEDINGS INVO LVING
ALLEGATIONS OF COERC IVE CONTROL OCCURRING BETWEEN
FAMILY OR HOUSEHOLD MEMBERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 46b-1 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2021): 2
(a) Matters within the jurisdiction of the Superior Court deemed to 3
be family relations matters shall be matters affecting or involving: (1) 4
Dissolution of marriage, contested and uncontested, except dissolution 5
upon conviction of crime as provided in section [46b-47] 46b-48; (2) legal 6
separation; (3) annulment of marriage; (4) alimony, support, custody 7
and change of name incident to dissolution of marriage, legal separation 8
and annulment; (5) actions brought under section 46b-15, as amended 9
by this act; (6) complaints for change of name; (7) civil support 10
obligations; (8) habeas corpus and other proceedings to determine the 11
custody and visitation of children; (9) habeas corpus brought by or on 12
behalf of any mentally ill person except a person charged with a criminal 13
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offense; (10) appointment of a commission to inquire whether a person 14
is wrongfully confined as provided by section 17a-523; (11) juvenile 15
matters as provided in section 46b-121; (12) all rights and remedies 16
provided for in chapter 815j; (13) the establishing of paternity; (14) 17
appeals from probate concerning: (A) Adoption or termination of 18
parental rights; (B) appointment and removal of guardians; (C) custody 19
of a minor child; (D) appointment and removal of conservators; (E) 20
orders for custody of any child; and (F) orders of commitment of persons 21
to public and private institutions and to other appropriate facilities as 22
provided by statute; (15) actions related to prenuptial and separation 23
agreements and to matrimonial and civil union decrees of a foreign 24
jurisdiction; (16) dissolution, legal separation or annulment of a civil 25
union performed in a foreign jurisdiction; (17) custody proceedings 26
brought under the provisions of chapter 815p; and (18) all such other 27
matters within the jurisdiction of the Superior Court concerning 28
children or family relations as may be determined by the judges of said 29
court. 30
(b) As used in this title, "coercive control" means a pattern of behavior 31
toward a person who is, or has been, an intimate partner or family or 32
household member, as defined in section 46b-38a, which causes fear or 33
harm to such person or restricts such person's freedom of action. 34
"Coercive control" includes domestic violence and intimate partner 35
violence. Examples of coercive control include, but are not limited to: 36
(1) A history or threat of physical assault or coercion of the person or 37
a child of such person; 38
(2) A history or threat of sexual assault or coercion of the person or a 39
child of such person; 40
(3) Stalking or cyberstalking, including closely monitoring the 41
activities, communications or movements of the person; 42
(4) Intentionally isolating the person from family, friends or other 43
sources of support; 44
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(5) Depriving the person of resources needed for independence, 45
including money, food, housing, transportation or health care; or 46
(6) Compelling the person by force or threat to (A) engage in conduct 47
from which such person has a right to abstain, or (B) abstain from 48
conduct that they have a right to pursue, including the right to end a 49
relationship, report abuse or pursue legal action. 50
Sec. 2. Section 46b-15 of the general statutes is repealed and the 51
following is substituted in lieu thereof (Effective October 1, 2021): 52
(a) (1) Any family or household member, as defined in section 46b-53
38a, who [has been subjected to a continuous threat of present physical 54
pain or physical injury, stalking or a pattern of threatening, including, 55
but not limited to, a pattern of threatening, as described in section 53a-56
62, by another family or household member] is the victim of coercive 57
control by another family or household member may make an 58
application to the Superior Court for relief under this section. The court 59
shall provide any person who applies for relief under this section with 60
the information set forth in section 46b-15b. 61
(2) As used in this section, "coercive control" means a pattern of 62
behavior toward a person who is, or has been, an intimate partner or 63
family or household member, as defined in section 46b-38a, which 64
causes fear or harm to such person or restricts such person's freedom of 65
action. "Coercive control" includes domestic violence and intimate 66
partner violence. Examples of coercive control include, but are not 67
limited to: 68
(A) A history or threat of physical assault or coercion of the person or 69
a child of such person; 70
(B) A history or threat of sexual assault or coercion of the person or a 71
child of such person; 72
(C) Stalking or cyberstalking, including closely monitoring the 73
activities, communications or movements of the person; 74
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(D) Intentionally isolating the person from family, friends or other 75
sources of support; 76
(E) Depriving the person of resources needed for independence, 77
including money, food, housing, transportation or health care; or 78
(F) Compelling the person by force or threat to (i) engage in conduct 79
from which such person has a right to abstain, or (ii) abstain from 80
conduct that they have a right to pursue, including the right to end a 81
relationship, report abuse or pursue legal action. 82
(b) The application form shall allow the applicant, at the applicant's 83
option, to indicate whether the respondent holds a permit to carry a 84
pistol or revolver, an eligibility certificate for a pistol or revolver, a long 85
gun eligibility certificate or an ammunition certificate or possesses one 86
or more firearms or ammunition. The application shall be accompanied 87
by [an affidavit made under oath which includes a brief] a statement of 88
the conditions from which relief is sought. Upon receipt of the 89
application the court shall order that a hearing on the application be 90
held not later than fourteen days from the date of the order except that, 91
if the application indicates that the respondent holds a permit to carry a 92
pistol or revolver, an eligibility certificate for a pistol or revolver, a long 93
gun eligibility certificate or an ammunition certificate or possesses one 94
or more firearms or ammunition, and the court orders an ex parte order, 95
the court shall order that a hearing be held on the application not later 96
than seven days from the date on which the ex parte order is issued. The 97
court, in its discretion, may make such orders as it deems appropriate 98
for the protection of the applicant and such dependent children or other 99
persons as the court sees fit. In making such orders ex parte, the court, 100
in its discretion, may consider relevant court records if the records are 101
available to the public from a clerk of the Superior Court or on the 102
Judicial Branch's Internet web site. In addition, at the time of the 103
hearing, the court, in its discretion, may also consider a report prepared 104
by the family services unit of the Judicial Branch that may include, as 105
available: Any existing or prior orders of protection obtained from the 106
protection order registry; information on any pending criminal case or 107
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past criminal case in which the respondent was convicted of a violent 108
crime; any outstanding arrest warrant for the respondent; and the 109
respondent's level of risk based on a risk assessment tool utilized by the 110
Court Support Services Division. The report may also include 111
information pertaining to any pending or disposed family matters case 112
involving the applicant and respondent. Any report provided by the 113
Court Support Services Division to the court shall also be provided to 114
the applicant and respondent. Such orders may include temporary child 115
custody or visitation rights, and such relief may include, but is not 116
limited to, an order enjoining the respondent from (1) imposing any 117
restraint upon the person or liberty of the applicant; (2) threatening, 118
harassing, assaulting, molesting, sexually assaulting or attacking the 119
applicant; or (3) entering the family dwelling or the dwelling of the 120
applicant. Such order may include provisions necessary to protect any 121
animal owned or kept by the applicant including, but not limited to, an 122
order enjoining the respondent from injuring or threatening to injure 123
such animal. If an applicant alleges an immediate and present physical 124
danger to the applicant, the court may issue an ex parte order granting 125
such relief as it deems appropriate. If a postponement of a hearing on 126
the application is requested by either party and granted, the ex parte 127
order shall not be continued except upon agreement of the parties or by 128
order of the court for good cause shown. If a hearing on the application 129
is scheduled or an ex parte order is granted and the court is closed on 130
the scheduled hearing date, the hearing shall be held on the next day the 131
court is open and any such ex parte order shall remain in effect until the 132
date of such hearing. If the applicant is under eighteen years of age, a 133
parent, guardian or responsible adult who brings the application as next 134
friend of the applicant may not speak on the applicant's behalf at such 135
hearing unless there is good cause shown as to why the applicant is 136
unable to speak on his or her own behalf, except that nothing in this 137
subsection shall preclude such parent, guardian or responsible adult 138
from testifying as a witness at such hearing. As used in this subsection, 139
"violent crime" includes: (A) An incident resulting in physical harm, 140
bodily injury or assault; (B) an act of threatened violence that constitutes 141
fear of imminent physical harm, bodily injury or assault, including, but 142
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not limited to, stalking or a pattern of threatening; (C) verbal abuse or 143
argument if there is a present danger and likelihood that physical 144
violence will occur; and (D) cruelty to animals as set forth in section 53-145
247. 146
(c) If the court issues an ex parte order pursuant to subsection (b) of 147
this section and service has not been made on the respondent in 148
conformance with subsection (h) of this section, upon request of the 149
applicant, the court shall, based on the information contained in the 150
original application, extend any ex parte order for an additional period 151
not to exceed fourteen days from the originally scheduled hearing date. 152
The clerk shall prepare a new order of hearing and notice containing the 153
new hearing date, which shall be served upon the respondent in 154
accordance with the provisions of subsection (h) of this section. 155
(d) Any ex parte restraining order entered under subsection (b) of this 156
section in which the applicant and respondent are spouses, or persons 157
who have a dependent child or children in common and who live 158
together, may include, if no order exists, and if necessary to maintain 159
the safety and basic needs of the applicant or the dependent child or 160
children in common of the applicant and respondent, in addition to any 161
orders authorized under subsection (b) of this section, any of the 162
following: (1) An order prohibiting the respondent from (A) taking any 163
action that could result in the termination of any necessary utility 164
services or necessary services related to the family dwelling or the 165
dwelling of the applicant, (B) taking any action that could result in the 166
cancellation, change of coverage or change of beneficiary of any health, 167
automobile or homeowners insurance policy to the detriment of the 168
applicant or the dependent child or children in common of the applicant 169
and respondent, or (C) transferring, encumbering, concealing or 170
disposing of specified property owned or leased by the applicant; or (2) 171
an order providing the applicant with temporary possession of an 172
automobile, checkbook, documentation of health, automobile or 173
homeowners insurance, a document needed for purposes of proving 174
identity, a key or other necessary specified personal effects. 175
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(e) At the hearing on any application under this section, if the court 176
grants relief pursuant to subsection (b) of this section and the applicant 177
and respondent are spouses, or persons who have a dependent child or 178
children in common and who live together, and if necessary to maintain 179
the safety and basic needs of the applicant or the dependent child or 180
children in common of the applicant and respondent, any orders 181
entered by the court may include, in addition to the orders authorized 182
under subsection (b) of this section, any of the following: (1) An order 183
prohibiting the respondent from (A) taking any action that could result 184
in the termination of any necessary utility services or services related to 185
the family dwelling or the dwelling of the applicant, (B) taking any 186
action that could result in the cancellation, change of coverage or change 187
of beneficiary of any health, automobile or homeowners insurance 188
policy to the detriment of the applicant or the dependent child or 189
children in common of the applicant and respondent, or (C) 190
transferring, encumbering, concealing or disposing of specified 191
property owned or leased by the applicant; (2) an order providing the 192
applicant with temporary possession of an automobile, checkbook, 193
documentation of health, automobile or homeowners insurance, a 194
document needed for purposes of proving identity, a key or other 195
necessary specified personal effects; or (3) an order that the respondent: 196
(A) Make rent or mortgage payments on the family dwelling or the 197
dwelling of the applicant and the dependent child or children in 198
common of the applicant and respondent, (B) maintain utility services 199
or other necessary services related to the family dwelling or the 200
dwelling of the applicant and the dependent child or children in 201
common of the applicant and respondent, (C) maintain all existing 202
health, automobile or homeowners insurance coverage without change 203
in coverage or beneficiary designation, or (D) provide financial support 204
for the benefit of any dependent child or children in common of the 205
applicant and the respondent, provided the respondent has a legal duty 206
to support such child or children and the ability to pay. The court shall 207
not enter any order of financial support without sufficient evidence as 208
to the ability to pay, including, but not limited to, financial affidavits. If 209
at the hearing no order is entered under this subsection or subsection 210
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(d) of this section, no such order may be entered thereafter pursuant to 211
this section. Any order entered pursuant to this subsection shall not be 212
subject to modification and shall expire one hundred twenty days after 213
the date of issuance or upon issuance of a superseding order, whichever 214
occurs first. Any amounts not paid or collected under this subsection or 215
subsection (d) of this section may be preserved and collectible in an 216
action for dissolution of marriage, custody, paternity or support. 217
(f) Every order of the court made in accordance with this section shall 218
contain the following language: (1) "This order may be extended by the 219
court beyond one year. In accordance with section 53a-107 of the 220
Connecticut general statutes, entering or remaining in a building or any 221
other premises in violation of this order constitutes criminal trespass in 222
the first degree. This is a criminal offense punishable by a term of 223
imprisonment of not more than one year, a fine of not more than two 224
thousand dollars or both."; and (2) "In accordance with section 53a-223b 225
of the Connecticut general statutes, any violation of subparagraph (A) 226
or (B) of subdivision (2) of subsection (a) of section 53a-223b constitutes 227
criminal violation of a restraining order which is punishable by a term 228
of imprisonment of not more than five years, a fine of not more than five 229
thousand dollars, or both. Additionally, any violation of subparagraph 230
(C) or (D) of subdivision (2) of subsection (a) of section 53a-223b 231
constitutes criminal violation of a restraining order which is punishable 232
by a term of imprisonment of not more than ten years, a fine of not more 233
than ten thousand dollars, or both.". 234
(g) No order of the court shall exceed one year, except that an order 235
may be extended by the court upon motion of the applicant for such 236
additional time as the court deems necessary. If the respondent has not 237
appeared upon the initial application, service of a motion to extend an 238
order may be made by first-class mail directed to the respondent at the 239
respondent's last-known address. 240
(h) (1) The applicant shall cause notice of the hearing pursuant to 241
subsection (b) of this section and a copy of the application and the 242
applicant's [affidavit] statement of the specific facts that form the basis 243
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for relief made under penalty of false statement pursuant to section 53a-244
157b and of any ex parte order issued pursuant to subsection (b) of this 245
section to be served on the respondent not less than three days before 246
the hearing. The cost of such service shall be paid for by the Judicial 247
Branch. 248
(2) When (A) an application indicates that a respondent holds a 249
permit to carry a pistol or revolver, an eligibility certificate for a pistol 250
or revolver, a long gun eligibility certificate or an ammunition certificate 251
or possesses one or more firearms or ammunition, and (B) the court has 252
issued an ex parte order pursuant to this section, the proper officer 253
responsible for executing service shall, whenever possible, provide in-254
hand service and, prior to serving such order, shall (i) provide notice to 255
the law enforcement agency for the town in which the respondent will 256
be served concerning when and where the service will take place, and 257
(ii) send, or cause to be sent by facsimile or other means, a copy of the 258
application, the applicant's [affidavit] statement of the specific facts that 259
form the basis for relief made under penalty of false statement pursuant 260
to section 53a-157b, the ex parte order and the notice of hearing to such 261
law enforcement agency, and (iii) request that a police officer from the 262
law enforcement agency for the town in which the respondent will be 263
served be present when service is executed by the proper officer. Upon 264
receiving a request from a proper officer under the provisions of this 265
subdivision, the law enforcement agency for the town in which the 266
respondent will be served may designate a police officer to be present 267
when service is executed by the proper officer. 268
(3) Upon the granting of an ex parte order, the clerk of the court shall 269
provide two copies of the order to the applicant. Upon the granting of 270
an order after notice and hearing, the clerk of the court shall provide 271
two copies of the order to the applicant and a copy to the respondent. 272
Every order of the court made in accordance with this section after 273
notice and hearing shall be accompanied by a notification that is 274
consistent with the full faith and credit provisions set forth in 18 USC 275
2265(a), as amended from time to time. Immediately after making 276
service on the respondent, the proper officer shall (A) send or cause to 277
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be sent, by facsimile or other means, a copy of the application, or the 278
information contained in such application, stating the date and time the 279
respondent was served, to the law enforcement agency or agencies for 280
the town in which the applicant resides, the town in which the applicant 281
is employed and the town in which the respondent resides, and (B) as 282
soon as possible, but not later than two hours after the time that service 283
is executed, input into the Judicial Branch's Internet-based service 284
tracking system the date, time and method of service. If, prior to the date 285
of the scheduled hearing, service has not been executed, the proper 286
officer shall input into such service tracking system that service was 287
unsuccessful. The clerk of the court shall send, by facsimile or other 288
means, a copy of any ex parte order and of any order after notice and 289
hearing, or the information contained in any such order, to the law 290
enforcement agency or agencies for the town in which the applicant 291
resides, the town in which the applicant is employed and the town in 292
which the respondent resides, within forty-eight hours of the issuance 293
of such order. If the victim, or victim's minor child protected by such 294
order, is enrolled in a public or private elementary or secondary school, 295
including a technical education and career school, or an institution of 296
higher education, as defined in section 10a-55, the clerk of the court 297
shall, upon the request of the victim, send, by facsimile or other means, 298
a copy of such ex parte order or of any order after notice and hearing, or 299
the information contained in any such order, to such school or 300
institution of higher education, the president of any institution of higher 301
education at which the victim, or victim's minor child protected by such 302
order, is enrolled and the special police force established pursuant to 303
section 10a-156b, if any, at the institution of higher education at which 304
the victim, or victim's minor child protected by such order, is enrolled, 305
if the victim provides the clerk with the name and address of such school 306
or institution of higher education. 307
(i) A caretaker who is providing shelter in his or her residence to a 308
person sixty years or older shall not be enjoined from the full use and 309
enjoyment of his or her home and property. The Superior Court may 310
make any other appropriate order under the provisions of this section. 311
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(j) When a motion for contempt is filed for violation of a restraining 312
order, there shall be an expedited hearing. Such hearing shall be held 313
within five court days of service of the motion on the respondent, 314
provided service on the respondent is made not less than twenty-four 315
hours before the hearing. If the court finds the respondent in contempt 316
for violation of an order, the court may impose such sanctions as the 317
court deems appropriate. 318
(k) An action under this section shall not preclude the applicant from 319
seeking any other civil or criminal relief. 320
(l) For purposes of this section, "police officer" means a state police 321
officer or a sworn member of a municipal police department and "law 322
enforcement agency" means the Division of State Police within the 323
Department of Emergency Services and Public Protection or any 324
municipal police department. 325
Sec. 3. Subsection (c) of section 46b-40 of the general statutes is 326
repealed and the following is substituted in lieu thereof (Effective October 327
1, 2021): 328
(c) A decree of dissolution of a marriage or a decree of legal 329
separation shall be granted upon a finding that one of the following 330
causes has occurred: (1) The marriage has broken down irretrievably; 331
(2) the parties have lived apart by reason of incompatibility for a 332
continuous period of at least the eighteen months immediately prior to 333
the service of the complaint and that there is no reasonable prospect that 334
they will be reconciled; (3) adultery; (4) fraudulent contract; (5) wilful 335
desertion for one year with total neglect of duty; (6) seven years' 336
absence, during all of which period the absent party has not been heard 337
from; (7) habitual intemperance; (8) intolerable cruelty, including, but 338
not limited to, coercive control; (9) sentence to imprisonment for life or 339
the commission of any infamous crime involving a violation of conjugal 340
duty and punishable by imprisonment for a period in excess of one year; 341
(10) legal confinement in a hospital or hospitals or other similar 342
institution or institutions, because of mental illness, for at least an 343
accumulated period totaling five years within the period of six years 344
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next preceding the date of the complaint. 345
Sec. 4. Subsection (f) of section 46b-54 of the general statutes is 346
repealed and the following is substituted in lieu thereof (Effective October 347
1, 2021): 348
(f) When recommending the entry of any order as provided in 349
subsections (a) and (b) of section 46b-56, as amended by this act, counsel 350
or a guardian ad litem for the minor child shall prioritize the safety of 351
the child before proceeding to any other considerations. If the verified 352
pleadings in a proceeding involving the care and custody of a minor 353
child do not contain allegations of coercive control or child abuse by a 354
family or household member, then counsel or a guardian ad litem may 355
proceed to consider the best interests of the child, and in doing so, shall 356
consider, but not be limited to, one or more of the following factors: (1) 357
The temperament and developmental needs of the child; (2) the capacity 358
and the disposition of the parents to understand and meet the needs of 359
the child; (3) any relevant and material information obtained from the 360
child, including the informed preferences of the child; (4) the wishes of 361
the child's parents as to custody; (5) the past and current interaction and 362
relationship of the child with each parent, the child's siblings and any 363
other person who may significantly affect the best interests of the child; 364
(6) the willingness and ability of each parent to facilitate and encourage 365
such continuing parent-child relationship between the child and the 366
other parent as is appropriate, including compliance with any court 367
orders, except when a parent has a reasonable good faith belief 368
concerning the child's safety when such child is with the other parent; 369
(7) any manipulation by or coercive behavior of the parents in an effort 370
to involve the child in the parents' dispute; (8) the ability of each parent 371
to be actively involved in the life of the child; (9) the child's adjustment 372
to his or her home, school and community environments; (10) the length 373
of time that the child has lived in a stable and satisfactory environment 374
and the desirability of maintaining continuity in such environment, 375
provided counsel or a guardian ad litem for the minor child may 376
consider favorably a parent who voluntarily leaves the child's family 377
home pendente lite in order to alleviate stress in the household; (11) the 378
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stability of the child's existing or proposed residences, or both; (12) the 379
mental and physical health of all individuals involved, except that a 380
disability of a proposed custodial parent or other party, in and of itself, 381
shall not be determinative of custody unless the proposed custodial 382
arrangement is not in the best interests of the child; (13) the child's 383
cultural background; (14) the effect on the child [of the actions of an 384
abuser, if any domestic violence has occurred between the parents or 385
between a parent and another individual or the child] of any coercive 386
control between the parents; (15) whether the child or a sibling of the 387
child has been abused or neglected, as defined respectively in section 388
46b-120; and (16) whether a party satisfactorily completed participation 389
in a parenting education program established pursuant to section 46b-390
69b. [Counsel or a guardian ad litem for the minor child shall not be 391
required to assign any weight to any of the factors considered.] 392
Sec. 5. Section 46b-56 of the general statutes is repealed and the 393
following is substituted in lieu thereof (Effective October 1, 2021): 394
(a) In any controversy before the Superior Court as to the custody or 395
care of minor children, and at any time after the return day of any 396
complaint under section 46b-45, the court may make or modify any 397
proper order regarding the custody, care, education, visitation and 398
support of the children if it has jurisdiction under the provisions of 399
chapter 815p. Subject to the provisions of this section and section 46b-400
56a, the court may assign parental responsibility for raising the child to 401
the parents jointly, or may award custody to either parent or to a third 402
party, according to its best judgment upon the facts of the case and 403
subject to such conditions and limitations as it deems equitable. The 404
court may also make any order granting the right of visitation of any 405
child to a third party to the action, including, but not limited to, 406
grandparents. 407
(b) In making or modifying any order as provided in subsection (a) 408
of this section, the rights and responsibilities of both parents shall be 409
considered and the court shall enter orders accordingly that [serve the] 410
prioritize the safety of the child when determining the best interests of 411
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the child. [and] If the verified pleadings in a proceeding involving the 412
care and custody of a minor child do not contain allegations of coercive 413
control or child abuse by a family or household member, then the court 414
shall enter orders that provide the child with the active and consistent 415
involvement of both parents commensurate with their parenting 416
history, abilities and interests. Such orders may include, but shall not be 417
limited to: (1) Approval of a parental responsibility plan agreed to by 418
the parents pursuant to section 46b-56a; (2) the award of joint parental 419
responsibility of a minor child to both parents, which shall include (A) 420
provisions for residential arrangements with each parent in accordance 421
with the needs of the child and the parents, and (B) provisions for 422
consultation between the parents and for the making of major decisions 423
regarding the child's health, education and religious upbringing; (3) the 424
award of sole custody to one parent with appropriate parenting time for 425
the noncustodial parent where sole custody is in the best interests of the 426
child; or (4) any other custody arrangements as the court may determine 427
to be in the best interests of the child. 428
(c) (1) In making or modifying any order as provided in subsections 429
(a) and (b) of this section, the court shall [consider the best interests of] 430
prioritize the safety of the child. [,] If the verified pleadings in a 431
proceeding involving the care and custody of a minor child contains 432
allegations of coercive control or child abuse by a family or household 433
member, then the court shall, before considering any other best interest 434
factor, conduct an evidentiary hearing solely on the allegations set forth 435
in the verified pleading. Such hearing shall be held not later than sixty 436
days following the date of filing the verified pleading and the court shall 437
enter written findings concerning such allegations that are based on 438
competent admissible evidence admitted at such hearing. Nothing in 439
this subdivision, shall prevent the court from issuing any necessary 440
emergency orders to protect the child. 441
(2) If the court finds that a parent has committed coercive control or 442
child abuse, the court shall not award sole or joint custody of any child 443
to that parent, nor shall the court order any unsupervised visitation with 444
that parent; unless the court finds by a preponderance of the evidence 445
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that: (A) The parent has successfully completed a treatment program 446
that is designed to treat persons who commit acts of coercive control or 447
child abuse; (B) the parent is not abusing alcohol or engaged in the use 448
of illegal psychoactive drugs; and (C) the child is safe and has freely, 449
without interference, requested unsupervised visitation, as verified by 450
a mental health professional with documented expertise and experience 451
working directly with children residing in a household where coercive 452
control or child abuse has occurred. Evidence that a parent suffers from 453
the detrimental effects of coercive control or that the parent sought to 454
defend herself or himself or a child from coercive control or abuse, shall 455
not constitute grounds to rebut the presumption that the court shall 456
award custody to the parent who sought to protect the child from 457
coercive control or child abuse committed by the other parent. 458
(3) All evidence admitted in a proceeding involving the custody or 459
care of a minor child shall conform to the rules of evidence. Evidence 460
from a court-appointed professional regarding the issues of coercive 461
control or child abuse may be admitted following a determination by 462
the court that such professional possesses documented expertise and 463
experience, which is not solely forensic (A) working directly with 464
persons who have been subjected to coercive control or child abuse, and 465
(B) concerning the behaviors associated with persons who commit, and 466
are subjected to, acts of coercive control or child abuse. 467
(4) In a proceeding involving the custody or care of a minor child, the 468
court may admit evidence from an expert relating to custody or care of 469
such child if the court finds that such expert: (A) Has been educated in 470
coercive control or child abuse; (B) has supervisory experience working 471
in a professional role that involves preventing coercive control or child 472
abuse or working directly with persons who are affected by coercive 473
control or child abuse; (C) has been educated in child development and 474
maltreatment, including parent-child relationships and child physical, 475
social and cognitive development and trauma; (D) has been educated in 476
coercive parent-child relationships, including training on child abuse 477
disclosure or discovery; and (E) has undertaken research on the 478
relationship between coercive control and parenting behaviors. 479
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(5) If a verified pleading in a proceeding involving the care and 480
custody of a minor child contains no allegations of coercive control or 481
child abuse by a family or household member, then the court may 482
proceed to make or modify any order as provided in subsections (a) and 483
(b) of this section. The court shall consider the best interests of the child 484
and in doing so, may consider, but shall not be limited to, one or more 485
of the following factors: [(1)] (A) The temperament and developmental 486
needs of the child; [(2)] (B) the capacity and the disposition of the parents 487
to understand and meet the needs of the child; [(3)] (C) any relevant and 488
material information obtained from the child, including the informed 489
preferences of the child; [(4)] (D) the wishes of the child's parents as to 490
custody; [(5)] (E) the past and current interaction and relationship of the 491
child with each parent, the child's siblings and any other person who 492
may significantly affect the best interests of the child; [(6)] (F) the 493
willingness and ability of each parent to facilitate and encourage such 494
continuing parent-child relationship between the child and the other 495
parent as is appropriate, including compliance with any court orders, 496
except when a parent has a reasonable good faith belief concerning the 497
child's safety when such child is with the other parent; [(7)] (G) any 498
manipulation by or coercive behavior of the parents in an effort to 499
involve the child in the parents' dispute; [(8)] (H) the ability of each 500
parent to be actively involved in the life of the child; [(9)] (I) the child's 501
adjustment to his or her home, school and community environments; 502
[(10)] (J) the length of time that the child has lived in a stable and 503
satisfactory environment and the desirability of maintaining continuity 504
in such environment, provided the court may consider favorably a 505
parent who voluntarily leaves the child's family home pendente lite in 506
order to alleviate stress in the household; [(11)] (K) the stability of the 507
child's existing or proposed residences, or both; [(12)] (L) the mental and 508
physical health of all individuals involved, except that a disability of a 509
proposed custodial parent or other party, in and of itself, shall not be 510
determinative of custody unless the proposed custodial arrangement is 511
not in the best interests of the child; [(13)] (M) the child's cultural 512
background; [(14)] (N) the effect on the child [of the actions of an abuser, 513
if any domestic violence has occurred between the parents or between a 514
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parent and another individual or the child; (15)] of any coercive control 515
between the parents; (O) whether the child or a sibling of the child has 516
been abused or neglected, as defined respectively in section 46b-120; 517
and [(16)] (P) whether the party satisfactorily completed participation in 518
a parenting education program established pursuant to section 46b-69b. 519
[The court is not required to assign any weight to any of the factors that 520
it considers, but shall articulate the basis for its decision.] 521
(6) Notwithstanding the provisions of subdivision (5) of this 522
subsection, the court shall not remove a child from the custody or care 523
of a competent and safe parent with whom the child expresses and 524
demonstrates a positive relationship, nor shall a child's contact with a 525
competent and safe parent be restricted as a means of attempting to 526
improve another parent's deficient relationship with the child. A court 527
may not admit evidence concerning unconscious or subliminal parental 528
influence when: (A) Considering the best interests of a child, or (B) 529
weighing the credibility of an allegation of abuse made by a parent to 530
whom the child is bonded. A court may not admit evidence of any 531
psychological or medical theory or label that is related to a child's 532
resistance to maintain contact with a parent, unless such evidence is 533
generally accepted by the scientific and professional community and is 534
based on empirical proof of scientific reliability and validity. Any order 535
to remediate a child's resistance to maintain contact with a parent shall 536
address the behaviors or contributions of the parent with whom the 537
child does not want to maintain contact, before ordering the parent with 538
whom the child does maintain contact to engage in behaviors that 539
attempt to facilitate the child's relationship with the other parent. 540
(d) Upon the issuance of any order assigning custody of the child to 541
the Commissioner of Children and Families, or not later than sixty days 542
after the issuance of such order, the court shall make a determination 543
whether the Department of Children and Families made reasonable 544
efforts to keep the child with his or her parents prior to the issuance of 545
such order and, if such efforts were not made, whether such reasonable 546
efforts were not possible, taking into consideration the best interests of 547
the child, including the child's health and safety. 548
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(e) In determining whether a child is in need of support and, if in 549
need, the respective abilities of the parents to provide support, the court 550
shall take into consideration all the factors enumerated in section 46b-551
84. 552
(f) When the court is not sitting, any judge of the court may make any 553
order in the cause which the court might make under this section, 554
including orders of injunction, prior to any action in the cause by the 555
court. 556
(g) A parent not granted custody of a minor child shall not be denied 557
the right of access to the academic, medical, hospital or other health 558
records of such minor child, unless otherwise ordered by the court for 559
good cause shown. 560
(h) Notwithstanding the provisions of subsections (b) and (c) of this 561
section, when a motion for modification of custody or visitation is 562
pending before the court or has been decided by the court and the 563
investigation ordered by the court pursuant to section 46b-6 564
recommends psychiatric or psychological therapy for a child, and such 565
therapy would, in the court's opinion, be in the best interests of the child 566
and aid the child's response to a modification, the court may order such 567
therapy and reserve judgment on the motion for modification. 568
(i) As part of a decision concerning custody or visitation, the court 569
may order either parent or both of the parents and any child of such 570
parents to participate in counseling and drug or alcohol screening, 571
provided such participation is in the best interests of the child. 572
Sec. 6. (NEW) (Effective July 1, 2021) (a) There is established, within 573
available appropriations, a program that shall provide individuals with 574
access to legal assistance when making an application for relief from 575
abuse under section 46b-15 of the general statutes, as amended by this 576
act. The Judicial Branch shall administer the program in accordance 577
with the provisions of this section. 578
(b) The Judicial Branch shall contract with one or more nonprofit 579
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organizations, whose principal purpose is to provide legal services to 580
individuals, to provide legal assistance to an individual making an 581
application for relief from abuse under section 46b-15 of the general 582
statutes, as amended by this act. 583
Sec. 7. (NEW) (Effective October 1, 2021) In any family relations matter 584
described in section 46b-1 of the general statutes, as amended by this 585
act, if the court finds that a pattern of frivolous and intentionally 586
fabricated pleadings or motions are filed by one party, the court shall 587
sanction such party in an appropriate manner so as to allow such matter 588
to proceed without undue delay or obstruction by the party filing such 589
pleadings or motions. 590
Sec. 8. Section 46b-38i of the general statutes is repealed and the 591
following is substituted in lieu thereof (Effective October 1, 2021): 592
(a) The Judicial Department shall provide training to Judicial 593
Department staff, including judges and court personnel, within 594
available appropriations, on family violence and coercive control issues 595
and law, including, but not limited to, issues and law related to family 596
violence and coercive control in immigrant communities. Such training 597
shall address arrest policies and eligibility for federal T Visas for victims 598
of human trafficking and federal U Visas for unauthorized immigrants 599
who are victims of family violence, coercive control and other crimes. 600
Such training shall be conducted by persons with demonstrated 601
knowledge, skill and experience in working with persons subjected to 602
family violence and coercive control. 603
(b) The Judicial Department shall, on an ongoing basis, within 604
available appropriations, study and implement methods to reduce 605
disparities in the disposition of family violence cases and cases 606
involving coercive control among geographic areas. 607
(c) The Chief Court Administrator and the chief administrative judge 608
for the Family Division of the Superior Court shall meet annually with 609
the Judiciary Committee during the regular session of the General 610
Assembly to present and discuss efforts undertaken by the Judicial 611
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Department to comply with requirements of this section regarding the 612
family violence and coercive control training curriculum and the 613
number of judges and court personnel who received the training 614
prescribed by this section. The chairpersons of the judiciary committee 615
may schedule a public hearing during the regular session of the General 616
Assembly concerning compliance with the provision of this section by 617
the Judicial Department. The Chief Court Administrator and the chief 618
administrative judge for the Family Division of the Superior Court shall 619
be available to answer questions at such public hearing. 620
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 46b-1
Sec. 2 October 1, 2021 46b-15
Sec. 3 October 1, 2021 46b-40(c)
Sec. 4 October 1, 2021 46b-54(f)
Sec. 5 October 1, 2021 46b-56
Sec. 6 July 1, 2021 New section
Sec. 7 October 1, 2021 New section
Sec. 8 October 1, 2021 46b-38i
Statement of Purpose:
To strengthen state laws relating to allegations of coercive control
occurring between family or household members.