| 17 | | - | Section 1. Subsection (b) of section 45a-609 of the general statutes is 1 |
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| 18 | | - | repealed and the following is substituted in lieu thereof (Effective October 2 |
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| 19 | | - | 1, 2025): 3 |
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| 20 | | - | (b) The court shall order notice of the hearing to be given, at least ten 4 |
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| 21 | | - | days before the date of the hearing, to the Commissioner of Children 5 |
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| 22 | | - | and Families by first class mail and to both parents and to the minor, if 6 |
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| 23 | | - | over twelve years of age, by personal service or service at the parent's 7 |
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| 24 | | - | usual place of abode or the minor's usual place of abode, as the case may 8 |
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| 25 | | - | be, in accordance with section 52-50, except that in lieu of personal 9 |
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| 26 | | - | service on, or service at the usual place of abode of, a parent or the father 10 |
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| 27 | | - | of a child born out of wedlock who is either a petitioner or who signs 11 |
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| 28 | | - | under oath a written waiver of such service on a form provided by the 12 |
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| 29 | | - | Probate Court Administrator, the court may order notice to be given by 13 |
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| 30 | | - | first class mail at least ten days prior to the date of the hearing. If the 14 |
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| 31 | | - | parent to be notified resides out of or is absent from the state, the court 15 |
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| 32 | | - | shall order notice to be given by first class mail at least ten days prior to 16 |
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| 33 | | - | the date of the hearing. If the whereabouts of the parent to be notified 17 |
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| 34 | | - | are unknown, or if delivery cannot reasonably be effected, the court may 18 |
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| 35 | | - | order notice to be given by publication. Any notice by publication under 19 Substitute Bill No. 1368 |
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| 23 | + | Section 1. Section 46a-13m of the general statutes is repealed and the 1 |
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| 24 | + | following is substituted in lieu thereof (Effective July 1, 2025): 2 |
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| 25 | + | (a) Notwithstanding any provision of the general statutes concerning 3 |
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| 26 | + | the confidentiality of records and information, the Child Advocate may 4 |
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| 27 | + | request and shall have access to, including the right to promptly inspect 5 |
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| 28 | + | and copy, any records necessary to carry out the responsibilities of the 6 |
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| 29 | + | Child Advocate as provided in section 46a-13l. Such records shall be 7 |
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| 30 | + | provided to the Child Advocate not later than fourteen days from the 8 |
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| 31 | + | date of such request. If the Child Advocate is denied access to any 9 |
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| 32 | + | records necessary to carry out said responsibilities, the Child Advocate 10 |
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| 33 | + | may issue a subpoena for the production of such records as provided in 11 |
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| 34 | + | subsection (c) of this section. 12 |
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| 35 | + | (b) In the performance of [his] the responsibilities [under] described 13 |
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| 36 | + | in subsection (a) of section 46a-13l, the Child Advocate may 14 |
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| 37 | + | communicate privately with any child or person who has received, is 15 |
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| 38 | + | Raised Bill No. 1368 |
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| 40 | | - | this subsection shall be in a newspaper of general circulation in the place 20 |
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| 41 | | - | of the last-known address of the parent to be notified, whether within 21 |
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| 42 | | - | or without this state, or, if no such address is known, in the place where 22 |
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| 43 | | - | the application was filed. In either case, such notice shall be given at 23 |
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| 44 | | - | least ten days before the date of the hearing. If the applicant alleges that 24 |
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| 45 | | - | the whereabouts of a respondent are unknown, such allegation shall be 25 |
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| 46 | | - | made under penalty of false statement and shall also state the last-26 |
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| 47 | | - | known address of the respondent and the efforts which have been made 27 |
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| 48 | | - | by the applicant to obtain a current address. The applicant shall have 28 |
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| 49 | | - | the burden of ascertaining the names and addresses of all parties in 29 |
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| 50 | | - | interest and of proving to the satisfaction of the court that the applicant 30 |
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| 51 | | - | used all proper diligence to discover such names and addresses. Except 31 |
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| 52 | | - | in the case of newspaper notice, the notice of hearing shall (1) include 32 |
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| 53 | | - | the following: [(1)] (A) The notice of hearing, [(2)] (B) the application for 33 |
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| 54 | | - | removal of parent as guardian, [(3)] (C) any supporting documents and 34 |
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| 55 | | - | affidavits filed with such application, [(4)] (D) any other orders or 35 |
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| 56 | | - | notices made by the Probate Court, [and (5)] (E) any request for 36 |
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| 57 | | - | investigation by the Department of Children and Families or any other 37 |
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| 58 | | - | person or agency, [. Such notice shall also] (F) information concerning 38 |
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| 59 | | - | how to report suspected child abuse or neglect to the Commissioner of 39 |
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| 60 | | - | Children and Families, (G) an explanation of the differences between the 40 |
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| 61 | | - | processes of obtaining guardianship through the Probate Court and a 41 |
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| 62 | | - | petition filed by the Commissioner of Children and Families in the 42 |
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| 63 | | - | superior court for juvenile matters, including, but not limited to, 43 |
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| 64 | | - | requirements concerning reasonable efforts to prevent removal of a 44 |
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| 65 | | - | child and reunify a child with such child's parents and findings required 45 |
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| 66 | | - | prior to a termination of parental rights, (H) an explanation of the 46 |
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| 67 | | - | differences in financial assistance available to guardians and individuals 47 |
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| 68 | | - | licensed to provide foster care by the Department of Children and 48 |
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| 69 | | - | Families, and (I) an explanation of the differences between guardianship 49 |
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| 70 | | - | and foster care, including, but not limited to, the involvement and 50 |
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| 71 | | - | oversight of the Department of Children and Families; and (2) inform 51 |
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| 72 | | - | the respondent of the right to have an attorney represent the respondent 52 |
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| 73 | | - | in the matter, and if the respondent is unable to obtain or to pay an 53 |
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| 74 | | - | attorney, the respondent may request the Probate Court to appoint an 54 Substitute Bill No. 1368 |
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| 42 | + | LCO No. 4553 2 of 2 |
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| 76 | | - | |
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| 77 | | - | LCO 3 of 7 |
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| 78 | | - | |
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| 79 | | - | attorney to represent the respondent. Newspaper notice shall include 55 |
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| 80 | | - | such facts as the court may direct. 56 |
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| 81 | | - | Sec. 2. Section 45a-610 of the general statutes is repealed and the 57 |
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| 82 | | - | following is substituted in lieu thereof (Effective October 1, 2025): 58 |
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| 83 | | - | If the [Court of Probate] Probate Court finds that notice has been 59 |
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| 84 | | - | given by confirming that each recipient received and understood the 60 |
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| 85 | | - | notice required pursuant to subsection (b) of section 45a-609, as 61 |
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| 86 | | - | amended by this act, or a waiver has been filed [, as provided in] 62 |
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| 87 | | - | pursuant to subsection (c) of section 45a-609, it may remove a parent as 63 |
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| 88 | | - | guardian, if the court finds by clear and convincing evidence one of the 64 |
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| 89 | | - | following: (1) The parent consents to his or her removal as guardian; [or] 65 |
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| 90 | | - | (2) the minor child has been abandoned by the parent in the sense that 66 |
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| 91 | | - | the parent has failed to maintain a reasonable degree of interest, concern 67 |
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| 92 | | - | or responsibility for the minor child's welfare; [or] (3) the minor child 68 |
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| 93 | | - | has been denied the care, guidance or control necessary for his or her 69 |
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| 94 | | - | physical, educational, moral or emotional well-being, as a result of acts 70 |
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| 95 | | - | of parental commission or omission, whether the acts are the result of 71 |
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| 96 | | - | the physical or mental incapability of the parent or conditions 72 |
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| 97 | | - | attributable to parental habits, misconduct or neglect, and the parental 73 |
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| 98 | | - | acts or deficiencies support the conclusion that the parent cannot 74 |
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| 99 | | - | exercise, or should not in the best interests of the minor child be 75 |
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| 100 | | - | permitted to exercise, parental rights and duties at the time; [or] (4) the 76 |
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| 101 | | - | minor child has had physical injury or injuries inflicted upon the minor 77 |
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| 102 | | - | child by a person responsible for such child's health, welfare or care, or 78 |
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| 103 | | - | by a person given access to such child by such responsible person, other 79 |
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| 104 | | - | than by accidental means, or has injuries which are at variance with the 80 |
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| 105 | | - | history given of them or is in a condition which is the result of 81 |
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| 106 | | - | maltreatment such as, but not limited to, malnutrition, sexual 82 |
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| 107 | | - | molestation, deprivation of necessities, emotional maltreatment or cruel 83 |
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| 108 | | - | punishment; or (5) the minor child has been found to be neglected or 84 |
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| 109 | | - | uncared for, as defined in section 46b-120. If, after removal of a parent 85 |
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| 110 | | - | as guardian under this section, the minor child has no guardian of his 86 |
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| 111 | | - | or her person, such a guardian may be appointed under the provisions 87 |
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| 112 | | - | of section 45a-616, as amended by this act. Upon the issuance of an order 88 Substitute Bill No. 1368 |
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| 113 | | - | |
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| 114 | | - | |
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| 115 | | - | LCO 4 of 7 |
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| 116 | | - | |
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| 117 | | - | appointing the Commissioner of Children and Families as guardian of 89 |
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| 118 | | - | the minor child, or not later than sixty days after the issuance of such 90 |
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| 119 | | - | order, the court shall make a determination whether the Department of 91 |
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| 120 | | - | Children and Families made reasonable efforts to keep the minor child 92 |
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| 121 | | - | with his or her parents prior to the issuance of such order and, if such 93 |
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| 122 | | - | efforts were not made, whether such reasonable efforts were not 94 |
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| 123 | | - | possible, taking into consideration the minor child's best interests, 95 |
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| 124 | | - | including the minor child's health and safety. 96 |
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| 125 | | - | Sec. 3. Subsection (c) of section 45a-616 of the general statutes is 97 |
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| 126 | | - | repealed and the following is substituted in lieu thereof (Effective October 98 |
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| 127 | | - | 1, 2025): 99 |
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| 128 | | - | (c) Upon receipt of a petition pursuant to this section, the court shall 100 |
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| 129 | | - | set a time and place for a hearing to be held within thirty days of the 101 |
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| 130 | | - | application, unless the court requests an investigation in accordance 102 |
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| 131 | | - | with the provisions of section 45a-619, in which case the court shall set 103 |
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| 132 | | - | a day for hearing not more than thirty days following receipt of the 104 |
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| 133 | | - | results of the investigation. The court shall order notice of the hearing 105 |
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| 134 | | - | to be given to the minor, if age twelve or older, by first class mail not 106 |
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| 135 | | - | less than ten days prior to the date of the hearing. In addition, notice by 107 |
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| 136 | | - | first class mail shall be given to the petitioner, each person named as a 108 |
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| 137 | | - | guardian or coguardian in such petition, and all other parties in interest 109 |
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| 138 | | - | known by the court. The notice given to each person named as a 110 |
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| 139 | | - | guardian or coguardian in such petition shall include (1) information 111 |
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| 140 | | - | concerning how to report suspected child abuse or neglect to the 112 |
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| 141 | | - | Commissioner of Children and Families, (2) an explanation of the 113 |
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| 142 | | - | differences between the processes of obtaining guardianship through 114 |
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| 143 | | - | the Probate Court and a petition filed by the Commissioner of Children 115 |
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| 144 | | - | and Families in the superior court for juvenile matters, including, but 116 |
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| 145 | | - | not limited to, requirements concerning reasonable efforts to prevent 117 |
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| 146 | | - | removal of a child and reunify a child with such child's parents and 118 |
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| 147 | | - | findings required prior to a termination of parental rights, (3) an 119 |
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| 148 | | - | explanation of the differences in financial assistance available to 120 |
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| 149 | | - | guardians and individuals licensed to provide foster care by the 121 |
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| 150 | | - | Department of Children and Families, and (4) an explanation of the 122 Substitute Bill No. 1368 |
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| 151 | | - | |
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| 152 | | - | |
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| 153 | | - | LCO 5 of 7 |
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| 154 | | - | |
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| 155 | | - | differences between guardianship and foster care, including, but not 123 |
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| 156 | | - | limited to, the involvement and oversight of the Department of Children 124 |
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| 157 | | - | and Families. Prior to appointing any guardian or coguardians, the 125 |
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| 158 | | - | court shall confirm that such guardian or coguardians received and 126 |
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| 159 | | - | understood the notice required pursuant to this subsection. 127 |
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| 160 | | - | Sec. 4. (Effective from passage) (a) There is established a working group 128 |
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| 161 | | - | to study statutes, policies and procedures relating to Probate Court 129 |
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| 162 | | - | guardianship proceedings, and make recommendations for 130 |
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| 163 | | - | improvement of such statutes, policies and procedures. Such study shall 131 |
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| 164 | | - | include, but need not be limited to, a review of the report of the Office 132 |
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| 165 | | - | of the Child Advocate submitted pursuant to section 12 of public act 24-133 |
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| 166 | | - | 118. 134 |
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| 167 | | - | (b) The working group shall consist of the following members: 135 |
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| 168 | | - | (1) The Probate Court Administrator, or the administrator's designee; 136 |
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| 169 | | - | (2) The Commissioner of Children and Families, or the 137 |
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| 170 | | - | commissioner's designee; 138 |
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| 171 | | - | (3) The Commissioner of Social Services, or the commissioner's 139 |
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| 172 | | - | designee; 140 |
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| 173 | | - | (4) The Child Advocate, or the Child Advocate's designee; 141 |
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| 174 | | - | (5) The chairpersons and ranking members of the joint standing 142 |
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| 175 | | - | committee of the General Assembly having cognizance of matters 143 |
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| 176 | | - | relating to the judiciary, or their designees; 144 |
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| 177 | | - | (6) One appointed by the House chairperson of the joint standing 145 |
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| 178 | | - | committee of the General Assembly having cognizance of matters 146 |
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| 179 | | - | relating to the judiciary, who is a parent who has experienced the 147 |
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| 180 | | - | removal of guardianship over such parent's child; 148 |
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| 181 | | - | (7) One appointed by the Senate chairperson of the joint standing 149 |
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| 182 | | - | committee of the General Assembly having cognizance of matters 150 |
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| 183 | | - | relating to the judiciary, who is an adult who was the subject of a 151 Substitute Bill No. 1368 |
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| 184 | | - | |
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| 185 | | - | |
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| 186 | | - | LCO 6 of 7 |
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| 187 | | - | |
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| 188 | | - | guardianship appointed by the Probate Court as a child; 152 |
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| 189 | | - | (8) One appointed by the House ranking member of the joint standing 153 |
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| 190 | | - | committee of the General Assembly having cognizance of matters 154 |
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| 191 | | - | relating to the judiciary, who is an attorney who represents children or 155 |
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| 192 | | - | parents in guardianship proceedings before the Probate Court; and 156 |
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| 193 | | - | (9) One appointed by the Senate ranking member of the joint standing 157 |
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| 194 | | - | committee of the General Assembly having cognizance of matters 158 |
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| 195 | | - | relating to the judiciary, who serves as a volunteer guardian ad litem. 159 |
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| 196 | | - | (c) Any member of the working group appointed under subdivision 160 |
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| 197 | | - | (5), (6), (7), (8) or (9) of subsection (b) of this section may be a member 161 |
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| 198 | | - | of the General Assembly. 162 |
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| 199 | | - | (d) All initial appointments to the working group shall be made not 163 |
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| 200 | | - | later than thirty days after the effective date of this section. Any vacancy 164 |
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| 201 | | - | shall be filled by the appointing authority. 165 |
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| 202 | | - | (e) The chairpersons of the joint standing committee of the General 166 |
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| 203 | | - | Assembly having cognizance of matters relating to the judiciary shall 167 |
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| 204 | | - | serve as cochairpersons of the working group. Such cochairpersons shall 168 |
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| 205 | | - | schedule the first meeting of the working group, which shall be held not 169 |
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| 206 | | - | later than sixty days after the effective date of this section. 170 |
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| 207 | | - | (f) The administrative staff of the joint standing committee of the 171 |
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| 208 | | - | General Assembly having cognizance of matters relating to the judiciary 172 |
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| 209 | | - | shall serve as administrative staff of the working group. 173 |
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| 210 | | - | (g) Not later than January 1, 2026, the working group shall submit a 174 |
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| 211 | | - | report on its findings and recommendations to the joint standing 175 |
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| 212 | | - | committee of the General Assembly having cognizance of matters 176 |
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| 213 | | - | relating to the judiciary, in accordance with the provisions of section 11-177 |
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| 214 | | - | 4a of the general statutes. The working group shall terminate on the date 178 |
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| 215 | | - | that it submits such report or January 1, 2026, whichever is later. 179 Substitute Bill No. 1368 |
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| 216 | | - | |
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| 217 | | - | |
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| 218 | | - | LCO 7 of 7 |
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| 219 | | - | |
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| 44 | + | receiving or should have received services from the state. Such 16 |
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| 45 | + | communications shall be confidential and not be subject to disclosure 17 |
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| 46 | + | except as provided in subsection (a) of section 46a-13n. 18 |
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| 47 | + | (c) The Child Advocate may issue subpoenas to compel the 19 |
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| 48 | + | attendance and testimony of witnesses or the production of books, 20 |
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| 49 | + | papers and other documents and to administer oaths to witnesses in any 21 |
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| 50 | + | matter under [his] the Child Advocate's investigation. If any person to 22 |
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| 51 | + | whom such subpoena is issued fails to appear or, having appeared, 23 |
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| 52 | + | refuses to give testimony or fails to produce the evidence required, the 24 |
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| 53 | + | Child Advocate may apply to the superior court for the judicial district 25 |
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| 54 | + | of Hartford which shall have jurisdiction to order such person to appear 26 |
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| 55 | + | and give testimony or to produce such evidence, as the case may be. 27 |
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| 56 | + | (d) The Child Advocate may apply for and accept grants, gifts and 28 |
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| 57 | + | bequests of funds from other states, federal and interstate agencies and 29 |
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| 58 | + | independent authorities and private firms, individuals and foundations, 30 |
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| 59 | + | for the purpose of carrying out [his] the Child Advocate's 31 |
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| 60 | + | responsibilities. There is established within the General Fund a child 32 |
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| 61 | + | advocate account which shall be a separate nonlapsing account. Any 33 |
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| 62 | + | funds received under this subsection shall, upon deposit in the General 34 |
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| 63 | + | Fund, be credited to said account and may be used by the Child 35 |
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| 64 | + | Advocate in the performance of [his] the Child Advocate's duties. 36 |
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