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General Assembly Raised Bill No. 324
February Session, 2024
LCO No. 590
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING PROBATE COURT OPERATIONS AND
ADMINISTRATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (i) of section 3-95b of the 2024 supplement to the 1
general statutes is repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2024): 3
(i) No record shall be acknowledged remotely pursuant to subsection 4
(b) of this section in (1) the making and execution of a will, codicil, trust 5
or trust instrument, (2) the execution of health care instructions 6
pursuant to section 19a-575a, (3) the execution of a designation of a 7
standby guardian pursuant to section 45a-624, (4) the execution of a 8
designation of a person for decision-making and certain rights and 9
obligations pursuant to section 1-56r, (5) the execution of a living will, 10
as defined in section 19a-570, (6) the execution of a power of attorney, 11
as defined in section 1-350a, (7) the execution of a self-proving affidavit 12
for an appointment of health care representative or for a living will 13
under sections 1-56r and 19a-578, (8) the execution of a mutual 14
distribution agreement under section 45a-433, (9) the execution of an 15 Raised Bill No. 324
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agreement as to the division of an estate under section 45a-434, (10) the 16
execution of a disclaimer under section 45a-479 or 45a-583, or [(10)] (11) 17
a real estate closing, as defined in section 51-88a. The performance of 18
any such acknowledgment in connection with any of the acts described 19
in this subsection shall be ineffective for any purpose and shall 20
constitute a violation of section 51-88. 21
Sec. 2. Section 45a-112 of the general statutes is repealed and the 22
following is substituted in lieu thereof (Effective October 1, 2024): 23
When the state or any of its agencies or the United States Department 24
of Veterans Affairs Connecticut Healthcare System is an applicant, 25
petitioner or moving party commencing a matter in a Probate Court, or 26
is otherwise liable for the fees or expenses under sections 45a-106a to 27
45a-112, inclusive, as amended by this act, the court shall accept such 28
matter without the filing fee accompanying the filing thereof, and shall 29
bill the filing fee or other fee or expense to the appropriate agency for 30
subsequent payment, which payment shall be due and payable upon 31
receipt of such bill. 32
Sec. 3. Section 46b-116d of the 2024 supplement to the general statutes 33
is repealed and the following is substituted in lieu thereof (Effective 34
October 1, 2024): 35
(a) In any involuntary proceeding in [a state court] the Superior 36
Court, where the court knows or has reason to know that an Indian child 37
is involved, the party seeking the foster care placement of, or 38
termination of parental rights to, an Indian child shall notify the parent 39
or Indian custodian and the Indian child's tribe, by registered or certified 40
mail with return receipt requested, of the pending proceedings and of 41
their right of intervention. If the identity or location of the parent or 42
Indian custodian and the tribe cannot be determined, such notice shall 43
be given, in like manner, to the Secretary or Bureau of Indian Affairs 44
Regional Director in the case of an Indian child of a federally recognized 45
Indian tribe, or the Commissioner of Children and Families in the case 46
of an Indian child of an Indian tribe recognized by the state of 47 Raised Bill No. 324
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Connecticut, who shall have fifteen days after receipt of such notice to 48
provide the requisite notice to the parent or Indian custodian and the 49
tribe. 50
(b) In any involuntary proceeding in a Probate Court in which a party 51
is seeking adoption or termination of parental rights where the party 52
knows or has reason to know that an Indian child is involved, the court 53
shall notify the parent in accordance with the provisions of section 45a- 54
716 of the pending proceedings, which shall include notice of the right 55
of intervention by the Indian custodian and the Indian child's tribe. The 56
court shall notify the Indian custodian and the Indian child's tribe by 57
registered or certified mail with return receipt requested. If the identity 58
or location of the Indian custodian and the tribe cannot be determined, 59
such notice shall be given, in like manner, to the Secretary or Bureau of 60
Indian Affairs Regional Director in the case of an Indian child of a 61
federally recognized Indian tribe, or the Commissioner of Children and 62
Families in the case of an Indian child of an Indian tribe recognized by 63
the state of Connecticut, who shall have fifteen days after receipt of such 64
notice to provide the requisite notice to the Indian custodian and the 65
tribe. 66
[(b)] (c) No foster care placement or termination of parental rights 67
proceeding shall be held until at least ten days after receipt of the notice 68
by the parent or Indian custodian and the tribe, the Secretary, the Bureau 69
of Indian Affairs Regional Director or the Commissioner of Children 70
and Families, provided the parent, Indian custodian or the tribe shall, 71
upon request, be granted up to twenty additional days to prepare for 72
such proceeding. 73
Sec. 4. Subdivision (2) of subsection (a) of section 45a-649 of the 74
general statutes is repealed and the following is substituted in lieu 75
thereof (Effective October 1, 2024): 76
(2) (A) The court shall direct that personal service of the citation be 77
made, by a state marshal, constable or an indifferent person, upon the 78
[following: The] respondent and the respondent's spouse, if any, if the 79 Raised Bill No. 324
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spouse is not the applicant. [, except that] Notwithstanding the 80
provisions of this subparagraph, in cases where the application is for 81
involuntary representation pursuant to section 17b-456, and there is no 82
spouse or the whereabouts of the spouse is unknown, the court shall 83
order notice by certified mail to the children of the respondent and if 84
none, the parents of the respondent and if none, the brothers and sisters 85
of the respondent or their representatives, and if none, the next of kin of 86
such respondent. (B) Except for the respondent, if the address of any 87
other person entitled to personal service is unknown, or if personal 88
service or service at the person's usual place of abode cannot be 89
reasonably effected within the state, or if the person is out of the state, 90
the judge or the clerk of the court shall order notice be given by 91
registered or certified mail, return receipt requested, or by publication 92
not less than ten days before the date of the hearing. Any such 93
publication shall be in a newspaper of general circulation in the place of 94
the last known address of the person to be notified, whether within or 95
without this state, or if no such address is known, in the place where the 96
petition has been filed. 97
Sec. 5. Subsections (b) to (e), inclusive, of section 45a-715 of the 98
general statutes are repealed and the following is substituted in lieu 99
thereof (Effective October 1, 2024): 100
(b) A petition for termination of parental rights shall be entitled "In 101
the interest of .... (Name of child), a person under the age of eighteen 102
years", and shall set forth with specificity: (1) The name, sex, date and 103
place of birth, and present address of the child; (2) the name and address 104
of the petitioner, and the nature of the relationship between the 105
petitioner and the child; (3) the names, dates of birth and addresses of 106
the parents of the child, if known, including the name of any [putative 107
father] alleged genetic parent named by the [mother] birth parent, and 108
the tribe and reservation of an American Indian parent; (4) if the parent 109
of the child is a minor, the names and addresses of the parents or 110
guardian of the person of such minor; (5) the names and addresses of: 111
(A) The guardian of the person of the child; (B) any guardians ad litem 112
appointed in a prior proceeding; (C) the tribe and reservation of an 113 Raised Bill No. 324
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American Indian child; and (D) the child-placing agency which placed 114
the child in his current placement; (6) the facts upon which termination 115
is sought, the legal grounds authorizing termination, the effects of a 116
termination decree and the basis for the jurisdiction of the court; (7) the 117
name of the persons or agencies which have agreed to accept custody or 118
guardianship of the child's person upon disposition. 119
(c) If the information required under subdivisions (2) and (6) of 120
subsection (b) of this section is not stated, the petition shall be dismissed. 121
If any other facts required under subdivision (1), (3), (4), (5) or (7) of 122
subsection (b) of this section are not known or cannot be ascertained by 123
the petitioner, he shall so state in the petition. If the whereabouts of 124
either parent or the [putative father] alleged genetic parent named 125
under subdivision (3) of subsection (b) of this section are unknown, the 126
petitioner shall diligently search for any such parent or [putative father] 127
the alleged genetic parent. The petitioner shall file an affidavit with the 128
petition indicating the efforts used to locate the parent or [putative 129
father] the alleged genetic parent. 130
(d) If a petition indicates that either or both parents consent to the 131
termination of their parental rights, or if at any time following the filing 132
of a petition and before the entry of a decree a parent consents to the 133
termination of [his] their parental rights, each consenting parent shall 134
acknowledge such consent on a form promulgated by the Office of the 135
Chief Court Administrator evidencing to the satisfaction of the court 136
that the parent has voluntarily and knowingly consented to the 137
termination of [his] their parental rights. No consent to termination by 138
a [mother] birth parent shall be executed within forty-eight hours 139
immediately after the birth of [her] the child. A parent who is a minor 140
shall have the right to consent to termination of parental rights and such 141
consent shall not be voidable by reason of such minority. A guardian ad 142
litem shall be appointed by the court to assure that such minor parent is 143
giving an informed and voluntary consent. 144
(e) A petition under this section shall be filed in the Probate Court for 145
the district in which (1) the petitioner resides, (2) the child resides, is 146 Raised Bill No. 324
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domiciled or is located at the time of the filing of the petition, or (3) in 147
the case of a minor who is under the guardianship of any child care 148
facility or child-placing agency, in the Probate Court for the district in 149
which any office of the agency is located. If the petition is filed with 150
respect to a child born [out of wedlock] to a birth parent unmarried to 151
the alleged genetic parent, the petition shall state whether there is [a 152
putative father] an alleged genetic parent to whom notice shall be given 153
under subdivision (3) of subsection (b) of section 45a-716. 154
Sec. 6. Subsection (b) of section 45a-106a of the 2024 supplement to 155
the general statutes, as amended by section 4 of public act 23-161, is 156
repealed and the following is substituted in lieu thereof (Effective July 1, 157
2024): 158
(b) The fee to file each of the following motions, petitions or 159
applications in a Probate Court is two hundred fifty dollars: 160
(1) With respect to a minor child: (A) Appoint a temporary guardian, 161
temporary custodian, guardian, coguardian, permanent guardian or 162
statutory parent, (B) remove a guardian, including the appointment of 163
another guardian, (C) reinstate a parent as guardian, (D) terminate 164
parental rights, including the appointment of a guardian or statutory 165
parent, (E) grant visitation, (F) make findings regarding special 166
immigrant juvenile status, (G) approve placement of a child for 167
adoption outside this state, (H) approve an adoption, (I) validate a 168
foreign adoption, (J) review, modify or enforce a cooperative 169
postadoption agreement, (K) review an order concerning contact 170
between an adopted child and his or her siblings, (L) resolve a dispute 171
concerning a standby guardian, (M) approve a plan for voluntary 172
services provided by the Department of Children and Families, (N) 173
determine whether the termination of voluntary services provided by 174
the Department of Children and Families is in accordance with 175
applicable regulations, (O) conduct an in-court review to modify an 176
order, (P) grant emancipation, (Q) grant approval to marry, (R) transfer 177
funds to a custodian under sections 45a-557 to 45a-560b, inclusive, (S) 178
appoint a successor custodian under section 45a-559c, (T) resolve a 179 Raised Bill No. 324
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dispute concerning custodianship under sections 45a-557 to 45a-560b, 180
inclusive, and (U) grant authority to purchase real estate; 181
(2) Determine parentage; 182
(3) Validate a genetic surrogacy agreement; 183
(4) Determine the age and date of birth of an adopted person born 184
outside the United States; 185
(5) With respect to adoption records: (A) Appoint a guardian ad litem 186
for a biological relative who cannot be located or appears to be 187
incompetent, (B) appeal the refusal of an agency to release information, 188
(C) release medical information when required for treatment, and (D) 189
grant access to an original birth certificate; 190
(6) Approve an adult adoption; 191
(7) With respect to a conservatorship: (A) Appoint a temporary 192
conservator, conservator or special limited conservator, (B) change 193
residence, terminate a tenancy or lease, sell or dispose household 194
furnishings, or place in a long-term care facility, (C) determine 195
competency to vote, (D) approve a support allowance for a spouse, (E) 196
grant authority to elect the spousal share, (F) grant authority to purchase 197
real estate, (G) give instructions regarding administration of a joint asset 198
or liability, (H) distribute gifts, (I) grant authority to consent to 199
involuntary medication, (J) determine whether informed consent has 200
been given for voluntary admission to a hospital for psychiatric 201
disabilities, (K) determine life-sustaining medical treatment, (L) transfer 202
to or from another state, (M) modify the conservatorship in connection 203
with a periodic review, (N) excuse accounts under rules of procedure 204
approved by the Supreme Court under section 45a-78, (O) terminate the 205
conservatorship, and (P) grant a writ of habeas corpus; 206
(8) With respect to a power of attorney: (A) Compel an account by an 207
agent, (B) review the conduct of an agent, (C) construe the power of 208
attorney, and (D) mandate acceptance of the power of attorney; 209 Raised Bill No. 324
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(9) Resolve a dispute concerning advance directives or life-sustaining 210
medical treatment when the individual does not have a conservator or 211
guardian; 212
(10) With respect to an elderly person, as defined in section 17b-450, 213
or an eligible adult, as defined in section 36b-14: (A) Enjoin an 214
individual from interfering with the provision of protective services to 215
such elderly person, (B) authorize the Commissioner of Social Services 216
to enter the premises of such elderly person to determine whether such 217
elderly person needs protective services, and (C) release a financial hold 218
or a hold by a broker-dealer or investment advisor pursuant to section 219
45a-664; 220
(11) With respect to an adult with intellectual disability: (A) Appoint 221
a temporary limited guardian, guardian or standby guardian, (B) grant 222
visitation, (C) determine competency to vote, (D) modify the 223
guardianship in connection with a periodic review, (E) determine life-224
sustaining medical treatment, (F) approve an involuntary placement, 225
(G) review an involuntary placement, (H) authorize a guardian to 226
manage the finances of such adult, and (I) grant a writ of habeas corpus; 227
(12) With respect to psychiatric disability: (A) Commit an individual 228
for treatment, (B) issue a warrant for examination of an individual at a 229
general hospital, (C) determine whether there is probable cause to 230
continue an involuntary confinement, (D) review an involuntary 231
confinement for possible release, (E) authorize shock therapy, (F) 232
authorize medication for treatment of psychiatric disability, (G) review 233
the status of an individual under the age of sixteen as a voluntary 234
patient, and (H) recommit an individual under the age of sixteen for 235
further treatment; 236
(13) With respect to drug or alcohol dependency: (A) Commit an 237
individual for treatment, (B) recommit an individual for further 238
treatment, and (C) terminate an involuntary confinement; 239
(14) With respect to tuberculosis: (A) Commit an individual for 240
treatment, (B) issue a warrant to enforce an examination order, and (C) 241 Raised Bill No. 324
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terminate an involuntary confinement; 242
(15) Compel an account by the trustee of an inter vivos trust, 243
custodian under sections 45a-557 to 45a-560b, inclusive, or treasurer of 244
an ecclesiastical society or cemetery association; 245
(16) With respect to a testamentary or inter vivos trust: (A) Construe, 246
validate, divide, combine, reform, modify or terminate the trust, (B) 247
enforce the provisions of a pet trust, (C) excuse a final account under 248
rules of procedure approved by the Supreme Court under section 45a-249
78, and (D) assume jurisdiction of an out-of-state trust; 250
(17) Authorize a fiduciary to establish a trust; 251
(18) Appoint a trustee for a missing person; 252
(19) Issue an order to amend the birth certificate of an individual born 253
in another state to reflect a gender change; 254
(20) Require the Department of Public Health to issue a delayed birth 255
certificate; 256
(21) Compel the board of a cemetery association to disclose the 257
minutes of the annual meeting; 258
(22) Issue an order to protect a grave marker; 259
(23) Restore rights to purchase, possess and transport firearms; 260
(24) Issue an order permitting sterilization of an individual; 261
(25) Approve the transfer of structured settlement payment rights; 262
[and] 263
(26) With respect to any case in a Probate Court other than a 264
decedent's estate: (A) Compel or approve an action by the fiduciary, (B) 265
give instruction to the fiduciary, (C) authorize a fiduciary to 266
compromise a claim, (D) list, sell or mortgage real property, (E) 267
determine title to property, (F) resolve a dispute between cofiduciaries 268 Raised Bill No. 324
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or among fiduciaries, (G) remove a fiduciary, (H) appoint a successor 269
fiduciary or fill a vacancy in the office of fiduciary, (I) approve fiduciary 270
or attorney's fees, (J) apply the doctrine of cy pres or approximation, (K) 271
reconsider, modify or revoke an order, and (L) decide an action on a 272
probate bond; and 273
(27) Change a person's name. 274
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 3-95b(i)
Sec. 2 October 1, 2024 45a-112
Sec. 3 October 1, 2024 46b-116d
Sec. 4 October 1, 2024 45a-649(a)(2)
Sec. 5 October 1, 2024 45a-715(b) to (e)
Sec. 6 July 1, 2024 45a-106a(b)
Statement of Purpose:
To make statutory changes relating to the (1) types of documents that
may be remotely notarized in Probate Court, and (2) provision of notice,
receipt of fees and the consistent use of terminology in certain Probate
Court proceedings.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]