| 14 | | - | Section 1. Subsection (i) of section 3-95b of the 2024 supplement to the |
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| 15 | | - | general statutes is repealed and the following is substituted in lieu |
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| 16 | | - | thereof (Effective October 1, 2024): |
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| 17 | | - | (i) No record shall be acknowledged remotely pursuant to subsection |
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| 18 | | - | (b) of this section in (1) the making and execution of a will, codicil, trust |
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| 19 | | - | or trust instrument, (2) the execution of health care instructions |
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| 20 | | - | pursuant to section 19a-575a, (3) the execution of a designation of a |
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| 21 | | - | standby guardian pursuant to section 45a-624, (4) the execution of a |
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| 22 | | - | designation of a person for decision-making and certain rights and |
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| 23 | | - | obligations pursuant to section 1-56r, (5) the execution of a living will, |
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| 24 | | - | as defined in section 19a-570, (6) the execution of a power of attorney, |
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| 25 | | - | as defined in section 1-350a, (7) the execution of a self-proving affidavit |
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| 26 | | - | for an appointment of health care representative or for a living will |
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| 27 | | - | under sections 1-56r and 19a-578, (8) the execution of a mutual |
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| 28 | | - | distribution agreement under section 45a-433, (9) the execution of an |
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| 29 | | - | agreement as to the division of an estate under section 45a-434, (10) the |
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| 30 | | - | execution of a disclaimer under section 45a-479 or 45a-583, or [(10)] (11) |
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| 31 | | - | a real estate closing, as defined in section 51-88a. The performance of Substitute Senate Bill No. 324 |
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| 17 | + | Section 1. Subsection (i) of section 3-95b of the 2024 supplement to the 1 |
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| 18 | + | general statutes is repealed and the following is substituted in lieu 2 |
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| 19 | + | thereof (Effective October 1, 2024): 3 |
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| 20 | + | (i) No record shall be acknowledged remotely pursuant to subsection 4 |
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| 21 | + | (b) of this section in (1) the making and execution of a will, codicil, trust 5 |
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| 22 | + | or trust instrument, (2) the execution of health care instructions 6 |
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| 23 | + | pursuant to section 19a-575a, (3) the execution of a designation of a 7 |
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| 24 | + | standby guardian pursuant to section 45a-624, (4) the execution of a 8 |
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| 25 | + | designation of a person for decision-making and certain rights and 9 |
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| 26 | + | obligations pursuant to section 1-56r, (5) the execution of a living will, 10 |
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| 27 | + | as defined in section 19a-570, (6) the execution of a power of attorney, 11 |
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| 28 | + | as defined in section 1-350a, (7) the execution of a self-proving affidavit 12 |
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| 29 | + | for an appointment of health care representative or for a living will 13 |
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| 30 | + | under sections 1-56r and 19a-578, (8) the execution of a mutual 14 |
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| 31 | + | distribution agreement under section 45a-433, (9) the execution of an 15 |
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| 32 | + | agreement as to the division of an estate under section 45a-434, (10) the 16 |
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| 33 | + | execution of a disclaimer under section 45a-479 or 45a-583, or [(10)] (11) 17 |
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| 34 | + | a real estate closing, as defined in section 51-88a. The performance of 18 |
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| 35 | + | any such acknowledgment in connection with any of the acts described 19 Substitute Bill No. 324 |
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| 35 | | - | any such acknowledgment in connection with any of the acts described |
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| 36 | | - | in this subsection shall be ineffective for any purpose and shall |
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| 37 | | - | constitute a violation of section 51-88. |
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| 38 | | - | Sec. 2. Section 45a-112 of the general statutes is repealed and the |
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| 39 | | - | following is substituted in lieu thereof (Effective October 1, 2024): |
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| 40 | | - | When the state or any of its agencies or the United States Department |
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| 41 | | - | of Veterans Affairs Connecticut Healthcare System is an applicant, |
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| 42 | | - | petitioner or moving party commencing a matter in a Probate Court, or |
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| 43 | | - | is otherwise liable for the fees or expenses under sections 45a-106a to |
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| 44 | | - | 45a-112, inclusive, as amended by this act, the court shall accept such |
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| 45 | | - | matter without the filing fee accompanying the filing thereof, and shall |
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| 46 | | - | bill the filing fee or other fee or expense to the appropriate agency for |
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| 47 | | - | subsequent payment, which payment shall be due and payable upon |
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| 48 | | - | receipt of such bill. |
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| 49 | | - | Sec. 3. Section 46b-116d of the 2024 supplement to the general statutes |
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| 50 | | - | is repealed and the following is substituted in lieu thereof (Effective |
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| 51 | | - | October 1, 2024): |
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| 52 | | - | (a) In any involuntary proceeding in [a state court] the Superior |
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| 53 | | - | Court, where the court knows or has reason to know that an Indian child |
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| 54 | | - | is involved, the party seeking the foster care placement of, or |
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| 55 | | - | termination of parental rights to, an Indian child shall notify the parent |
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| 56 | | - | or Indian custodian and the Indian child's tribe, by registered or certified |
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| 57 | | - | mail with return receipt requested, of the pending proceedings and of |
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| 58 | | - | their right of intervention. If the identity or location of the parent or |
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| 59 | | - | Indian custodian and the tribe cannot be determined, such notice shall |
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| 60 | | - | be given, in like manner, to the Secretary or Bureau of Indian Affairs |
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| 61 | | - | Regional Director in the case of an Indian child of a federally recognized |
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| 62 | | - | Indian tribe, or the Commissioner of Children and Families in the case |
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| 63 | | - | of an Indian child of an Indian tribe recognized by the state of |
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| 64 | | - | Connecticut, who shall have fifteen days after receipt of such notice to Substitute Senate Bill No. 324 |
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| 38 | + | LCO 2 of 6 |
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| 66 | | - | Public Act No. 24-97 3 of 4 |
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| 40 | + | in this subsection shall be ineffective for any purpose and shall 20 |
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| 41 | + | constitute a violation of section 51-88. 21 |
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| 42 | + | Sec. 2. Section 45a-112 of the general statutes is repealed and the 22 |
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| 43 | + | following is substituted in lieu thereof (Effective October 1, 2024): 23 |
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| 44 | + | When the state or any of its agencies or the United States Department 24 |
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| 45 | + | of Veterans Affairs Connecticut Healthcare System is an applicant, 25 |
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| 46 | + | petitioner or moving party commencing a matter in a Probate Court, or 26 |
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| 47 | + | is otherwise liable for the fees or expenses under sections 45a-106a to 27 |
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| 48 | + | 45a-112, inclusive, as amended by this act, the court shall accept such 28 |
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| 49 | + | matter without the filing fee accompanying the filing thereof, and shall 29 |
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| 50 | + | bill the filing fee or other fee or expense to the appropriate agency for 30 |
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| 51 | + | subsequent payment, which payment shall be due and payable upon 31 |
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| 52 | + | receipt of such bill. 32 |
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| 53 | + | Sec. 3. Section 46b-116d of the 2024 supplement to the general statutes 33 |
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| 54 | + | is repealed and the following is substituted in lieu thereof (Effective 34 |
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| 55 | + | October 1, 2024): 35 |
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| 56 | + | (a) In any involuntary proceeding in [a state court] the Superior 36 |
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| 57 | + | Court, where the court knows or has reason to know that an Indian child 37 |
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| 58 | + | is involved, the party seeking the foster care placement of, or 38 |
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| 59 | + | termination of parental rights to, an Indian child shall notify the parent 39 |
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| 60 | + | or Indian custodian and the Indian child's tribe, by registered or certified 40 |
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| 61 | + | mail with return receipt requested, of the pending proceedings and of 41 |
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| 62 | + | their right of intervention. If the identity or location of the parent or 42 |
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| 63 | + | Indian custodian and the tribe cannot be determined, such notice shall 43 |
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| 64 | + | be given, in like manner, to the Secretary or Bureau of Indian Affairs 44 |
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| 65 | + | Regional Director in the case of an Indian child of a federally recognized 45 |
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| 66 | + | Indian tribe, or the Commissioner of Children and Families in the case 46 |
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| 67 | + | of an Indian child of an Indian tribe recognized by the state of 47 |
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| 68 | + | Connecticut, who shall have fifteen days after receipt of such notice to 48 |
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| 69 | + | provide the requisite notice to the parent or Indian custodian and the 49 |
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| 70 | + | tribe. 50 |
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| 71 | + | (b) In any involuntary proceeding in a Probate Court in which a party 51 Substitute Bill No. 324 |
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| 68 | | - | provide the requisite notice to the parent or Indian custodian and the |
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| 69 | | - | tribe. |
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| 70 | | - | (b) In any involuntary proceeding in a Probate Court in which a party |
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| 71 | | - | is seeking adoption or termination of parental rights where the party |
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| 72 | | - | knows or has reason to know that an Indian child is involved, the court |
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| 73 | | - | shall notify the parent in accordance with the provisions of section 45a- |
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| 74 | | - | 716 of the pending proceedings, which shall include notice of the right |
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| 75 | | - | of intervention by the Indian custodian and the Indian child's tribe. The |
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| 76 | | - | court shall notify the Indian custodian and the Indian child's tribe by |
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| 77 | | - | registered or certified mail with return receipt requested. If the identity |
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| 78 | | - | or location of the Indian custodian and the tribe cannot be determined, |
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| 79 | | - | such notice shall be given, in like manner, to the Secretary or Bureau of |
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| 80 | | - | Indian Affairs Regional Director in the case of an Indian child of a |
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| 81 | | - | federally recognized Indian tribe, or the Commissioner of Children and |
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| 82 | | - | Families in the case of an Indian child of an Indian tribe recognized by |
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| 83 | | - | the state of Connecticut, who shall have fifteen days after receipt of such |
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| 84 | | - | notice to provide the requisite notice to the Indian custodian and the |
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| 85 | | - | tribe. |
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| 86 | | - | [(b)] (c) No foster care placement or termination of parental rights |
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| 87 | | - | proceeding shall be held until at least ten days after receipt of the notice |
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| 88 | | - | by the parent or Indian custodian and the tribe, the Secretary, the Bureau |
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| 89 | | - | of Indian Affairs Regional Director or the Commissioner of Children |
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| 90 | | - | and Families, provided the parent, Indian custodian or the tribe shall, |
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| 91 | | - | upon request, be granted up to twenty additional days to prepare for |
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| 92 | | - | such proceeding. |
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| 93 | | - | Sec. 4. Subdivision (2) of subsection (a) of section 45a-649 of the |
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| 94 | | - | general statutes is repealed and the following is substituted in lieu |
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| 95 | | - | thereof (Effective October 1, 2024): |
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| 96 | | - | (2) (A) The court shall direct that personal service of the citation be |
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| 97 | | - | made, by a state marshal, constable or an indifferent person, upon the Substitute Senate Bill No. 324 |
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| 101 | | - | [following: The] respondent and the respondent's spouse, if any, if the |
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| 102 | | - | spouse is not the applicant. [, except that] Notwithstanding the |
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| 103 | | - | provisions of this subparagraph, in cases where the application is for |
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| 104 | | - | involuntary representation pursuant to section 17b-456, and there is no |
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| 105 | | - | spouse or the whereabouts of the spouse is unknown, the court shall |
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| 106 | | - | order notice by certified mail to the children of the respondent and if |
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| 107 | | - | none, the parents of the respondent and if none, the brothers and sisters |
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| 108 | | - | of the respondent or their representatives, and if none, the next of kin of |
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| 109 | | - | such respondent. (B) Except for the respondent, if the address of any |
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| 110 | | - | other person entitled to personal service is unknown, or if personal |
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| 111 | | - | service or service at the person's usual place of abode cannot be |
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| 112 | | - | reasonably effected within the state, or if the person is out of the state, |
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| 113 | | - | the judge or the clerk of the court shall order notice be given by |
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| 114 | | - | registered or certified mail, return receipt requested, or by publication |
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| 115 | | - | not less than ten days before the date of the hearing. Any such |
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| 116 | | - | publication shall be in a newspaper of general circulation in the place of |
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| 117 | | - | the last known address of the person to be notified, whether within or |
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| 118 | | - | without this state, or if no such address is known, in the place where the |
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| 119 | | - | petition has been filed. |
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| 76 | + | is seeking adoption or termination of parental rights where the party 52 |
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| 77 | + | knows or has reason to know that an Indian child is involved, the court 53 |
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| 78 | + | shall notify the parent in accordance with the provisions of section 45a-54 |
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| 79 | + | 716 of the pending proceedings, which shall include notice of the right 55 |
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| 80 | + | of intervention by the Indian custodian and the Indian child's tribe. The 56 |
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| 81 | + | court shall notify the Indian custodian and the Indian child's tribe by 57 |
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| 82 | + | registered or certified mail with return receipt requested. If the identity 58 |
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| 83 | + | or location of the Indian custodian and the tribe cannot be determined, 59 |
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| 84 | + | such notice shall be given, in like manner, to the Secretary or Bureau of 60 |
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| 85 | + | Indian Affairs Regional Director in the case of an Indian child of a 61 |
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| 86 | + | federally recognized Indian tribe, or the Commissioner of Children and 62 |
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| 87 | + | Families in the case of an Indian child of an Indian tribe recognized by 63 |
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| 88 | + | the state of Connecticut, who shall have fifteen days after receipt of such 64 |
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| 89 | + | notice to provide the requisite notice to the Indian custodian and the 65 |
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| 90 | + | tribe. 66 |
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| 91 | + | [(b)] (c) No foster care placement or termination of parental rights 67 |
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| 92 | + | proceeding shall be held until at least ten days after receipt of the notice 68 |
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| 93 | + | by the parent or Indian custodian and the tribe, the Secretary, the Bureau 69 |
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| 94 | + | of Indian Affairs Regional Director or the Commissioner of Children 70 |
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| 95 | + | and Families, provided the parent, Indian custodian or the tribe shall, 71 |
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| 96 | + | upon request, be granted up to twenty additional days to prepare for 72 |
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| 97 | + | such proceeding. 73 |
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| 98 | + | Sec. 4. Subdivision (2) of subsection (a) of section 45a-649 of the 74 |
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| 99 | + | general statutes is repealed and the following is substituted in lieu 75 |
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| 100 | + | thereof (Effective October 1, 2024): 76 |
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| 101 | + | (2) (A) The court shall direct that personal service of the citation be 77 |
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| 102 | + | made, by a state marshal, constable or an indifferent person, upon the 78 |
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| 103 | + | [following: The] respondent and the respondent's spouse, if any, if the 79 |
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| 104 | + | spouse is not the applicant. [, except that] Notwithstanding the 80 |
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| 105 | + | provisions of this subparagraph, in cases where the application is for 81 |
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| 106 | + | involuntary representation pursuant to section 17b-456, and there is no 82 |
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| 107 | + | spouse or the whereabouts of the spouse is unknown, the court shall 83 |
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| 108 | + | order notice by certified mail to the children of the respondent and if 84 Substitute Bill No. 324 |
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| 109 | + | |
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| 110 | + | |
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| 111 | + | LCO 4 of 6 |
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| 112 | + | |
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| 113 | + | none, the parents of the respondent and if none, the brothers and sisters 85 |
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| 114 | + | of the respondent or their representatives, and if none, the next of kin of 86 |
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| 115 | + | such respondent. (B) Except for the respondent, if the address of any 87 |
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| 116 | + | other person entitled to personal service is unknown, or if personal 88 |
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| 117 | + | service or service at the person's usual place of abode cannot be 89 |
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| 118 | + | reasonably effected within the state, or if the person is out of the state, 90 |
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| 119 | + | the judge or the clerk of the court shall order notice be given by 91 |
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| 120 | + | registered or certified mail, return receipt requested, or by publication 92 |
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| 121 | + | not less than ten days before the date of the hearing. Any such 93 |
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| 122 | + | publication shall be in a newspaper of general circulation in the place of 94 |
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| 123 | + | the last known address of the person to be notified, whether within or 95 |
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| 124 | + | without this state, or if no such address is known, in the place where the 96 |
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| 125 | + | petition has been filed. 97 |
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| 126 | + | Sec. 5. Subsections (b) to (e), inclusive, of section 45a-715 of the 98 |
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| 127 | + | general statutes are repealed and the following is substituted in lieu 99 |
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| 128 | + | thereof (Effective October 1, 2024): 100 |
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| 129 | + | (b) A petition for termination of parental rights shall be entitled "In 101 |
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| 130 | + | the interest of .... (Name of child), a person under the age of eighteen 102 |
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| 131 | + | years", and shall set forth with specificity: (1) The name, sex, date and 103 |
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| 132 | + | place of birth, and present address of the child; (2) the name and address 104 |
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| 133 | + | of the petitioner, and the nature of the relationship between the 105 |
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| 134 | + | petitioner and the child; (3) the names, dates of birth and addresses of 106 |
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| 135 | + | the parents of the child, if known, including the name of any [putative 107 |
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| 136 | + | father] alleged genetic parent named by the [mother] birth parent, and 108 |
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| 137 | + | the tribe and reservation of an American Indian parent; (4) if the parent 109 |
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| 138 | + | of the child is a minor, the names and addresses of the parents or 110 |
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| 139 | + | guardian of the person of such minor; (5) the names and addresses of: 111 |
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| 140 | + | (A) The guardian of the person of the child; (B) any guardians ad litem 112 |
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| 141 | + | appointed in a prior proceeding; (C) the tribe and reservation of an 113 |
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| 142 | + | American Indian child; and (D) the child-placing agency which placed 114 |
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| 143 | + | the child in his current placement; (6) the facts upon which termination 115 |
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| 144 | + | is sought, the legal grounds authorizing termination, the effects of a 116 |
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| 145 | + | termination decree and the basis for the jurisdiction of the court; (7) the 117 |
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| 146 | + | name of the persons or agencies which have agreed to accept custody or 118 Substitute Bill No. 324 |
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| 147 | + | |
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| 148 | + | |
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| 149 | + | LCO 5 of 6 |
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| 150 | + | |
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| 151 | + | guardianship of the child's person upon disposition. 119 |
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| 152 | + | (c) If the information required under subdivisions (2) and (6) of 120 |
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| 153 | + | subsection (b) of this section is not stated, the petition shall be dismissed. 121 |
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| 154 | + | If any other facts required under subdivision (1), (3), (4), (5) or (7) of 122 |
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| 155 | + | subsection (b) of this section are not known or cannot be ascertained by 123 |
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| 156 | + | the petitioner, he shall so state in the petition. If the whereabouts of 124 |
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| 157 | + | either parent or the [putative father] alleged genetic parent named 125 |
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| 158 | + | under subdivision (3) of subsection (b) of this section are unknown, the 126 |
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| 159 | + | petitioner shall diligently search for any such parent or [putative father] 127 |
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| 160 | + | the alleged genetic parent. The petitioner shall file an affidavit with the 128 |
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| 161 | + | petition indicating the efforts used to locate the parent or [putative 129 |
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| 162 | + | father] the alleged genetic parent. 130 |
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| 163 | + | (d) If a petition indicates that either or both parents consent to the 131 |
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| 164 | + | termination of their parental rights, or if at any time following the filing 132 |
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| 165 | + | of a petition and before the entry of a decree a parent consents to the 133 |
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| 166 | + | termination of [his] their parental rights, each consenting parent shall 134 |
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| 167 | + | acknowledge such consent on a form promulgated by the Office of the 135 |
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| 168 | + | Chief Court Administrator evidencing to the satisfaction of the court 136 |
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| 169 | + | that the parent has voluntarily and knowingly consented to the 137 |
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| 170 | + | termination of [his] their parental rights. No consent to termination by 138 |
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| 171 | + | a [mother] birth parent shall be executed within forty-eight hours 139 |
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| 172 | + | immediately after the birth of [her] the child. A parent who is a minor 140 |
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| 173 | + | shall have the right to consent to termination of parental rights and such 141 |
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| 174 | + | consent shall not be voidable by reason of such minority. A guardian ad 142 |
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| 175 | + | litem shall be appointed by the court to assure that such minor parent is 143 |
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| 176 | + | giving an informed and voluntary consent. 144 |
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| 177 | + | (e) A petition under this section shall be filed in the Probate Court for 145 |
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| 178 | + | the district in which (1) the petitioner resides, (2) the child resides, is 146 |
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| 179 | + | domiciled or is located at the time of the filing of the petition, or (3) in 147 |
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| 180 | + | the case of a minor who is under the guardianship of any child care 148 |
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| 181 | + | facility or child-placing agency, in the Probate Court for the district in 149 |
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| 182 | + | which any office of the agency is located. If the petition is filed with 150 |
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| 183 | + | respect to a child born [out of wedlock] to a birth parent unmarried to 151 Substitute Bill No. 324 |
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| 184 | + | |
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| 185 | + | |
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| 186 | + | LCO 6 of 6 |
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| 187 | + | |
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| 188 | + | the alleged genetic parent, the petition shall state whether there is [a 152 |
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| 189 | + | putative father] an alleged genetic parent to whom notice shall be given 153 |
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| 190 | + | under subdivision (3) of subsection (b) of section 45a-716. 154 |
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| 191 | + | This act shall take effect as follows and shall amend the following |
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| 192 | + | sections: |
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| 193 | + | |
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| 194 | + | Section 1 October 1, 2024 3-95b(i) |
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| 195 | + | Sec. 2 October 1, 2024 45a-112 |
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| 196 | + | Sec. 3 October 1, 2024 46b-116d |
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| 197 | + | Sec. 4 October 1, 2024 45a-649(a)(2) |
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| 198 | + | Sec. 5 October 1, 2024 45a-715(b) to (e) |
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| 199 | + | |
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| 200 | + | JUD Joint Favorable Subst. |
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