Connecticut 2025 Regular Session

Connecticut Senate Bill SB01501 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 5169 1 of 10
	3	+	LCO No. 5169 1 of 11
4	4
5	5		General Assembly Raised Bill No. 1501
6	6		January Session, 2025
7	7		LCO No. 5169
8	8
9	9
10	10		Referred to Committee on JUDICIARY
11	11
12	12
13	13		Introduced by:
14	14		(JUD)
	15	+
15	16
16	17
17	18
18	19		AN ACT CONCERNING PROBATE COURT OPERATIONS.
19	20		Be it enacted by the Senate and House of Representatives in General
20	21		Assembly convened:
21	22
22	23		Section 1. Subsection (c) of section 7-48 of the general statutes is 1
23	24		repealed and the following is substituted in lieu thereof (Effective from 2
24	25		passage): 3
25	26		(c) (1) When a birth occurs outside an institution, the certificate shall 4
26	27		be prepared and filed by the physician or midwife in attendance at or 5
27	28		immediately after the birth or, in the absence of such a person, by the 6
28	29		parent of the child, pursuant to the provisions of section 19a-41-1 of the 7
29	30		regulations of Connecticut state agencies. 8
30	31		(2) If the parent is unable to provide the information required to 9
31	32		prepare and file the certificate pursuant to the provisions of section 19a-10
32	33		41-1 of the regulations of Connecticut state agencies, such parent or the 11
33	34		legal guardian of the child may, prior to the child's first birthday, 12
34	35		petition the [court of probate] Probate Court for the district where the 13
35	36		birth is alleged to have occurred for an order requiring the registrar of 14
36		-	vital statistics for the town where the birth occurred to create and file 15 Raised Bill No. 1501
	37	+	vital statistics for the town where the birth occurred to create and file 15
	38	+	Raised Bill No. 1501
37	39
38	40
39		-	LCO 5169 2 of 10
	41	+
	42	+	LCO No. 5169 2 of 11
40	43
41	44		the certificate. The petitioner shall include with the petition the 16
42	45		affidavits and other documentary evidence submitted to the registrar 17
43	46		pursuant to the provisions of section 19a-41-1 of the regulations of 18
44	47		Connecticut state agencies. Such court shall schedule a hearing and 19
45	48		cause notice of the hearing to be given to the following persons: (A) The 20
46	49		petitioner; (B) the parent or legal guardian of the child, if the parent or 21
47	50		legal guardian are not the petitioner; (C) the registrar; and (D) any other 22
48	51		person as the court may determine has an interest in the hearing. The 23
49	52		registrar or the registrar's authorized representative may appear and 24
50	53		testify at such hearing. The petitioner shall have the burden of proving 25
51	54		the parentage of the child and that the birth occurred on the date and at 26
52	55		the place alleged by the petitioner. If the court finds by a preponderance 27
53	56		of the evidence the parentage of the child and that the birth occurred on 28
54	57		the date and at the place alleged by the petitioner, the court shall issue 29
55	58		an order directing the registrar to prepare, register and file the 30
56	59		certificate. 31
57	60		(3) In any proceeding under subdivision (2) of this subsection, the 32
58	61		court, on the motion of any party or on the court's own motion, may 33
59	62		order genetic testing, as provided in sections 46b-495 to 46b-500, 34
60	63		inclusive, to determine parentage. The petitioner shall be responsible for 35
61	64		the cost of any such genetic test required by the court, except the 36
62	65		department shall pay such cost for any petitioner who is found by the 37
63	66		court to be indigent. If the results of such test indicate a ninety-nine per 38
64	67		cent or greater probability that a person is the parent of the child for 39
65	68		whom a registration of birth is sought, the results shall constitute a 40
66	69		rebuttable presumption that the person is, in fact, the parent of the child 41
67	70		for whom a registration of birth is sought. 42
68	71		Sec. 2. Subsection (h) of section 45a-63 of the general statutes is 43
69	72		repealed and the following is substituted in lieu thereof (Effective from 44
70	73		passage): 45
71	74		(h) The council shall, not later than [seven] fifteen business days after 46
72	75		the termination of such investigation, notify the complainant and the 47
73		-	~~respondent that the investigation has been terminated and whether 48~~ Raised Bill No. 1501
	76	+	Raised Bill No. 1501
74	77
75	78
76		-	LCO 5169 3 of 10
77	79
	80	+	LCO No. 5169 3 of 11
	81	+
	82	+	respondent that the investigation has been terminated and whether 48
78	83		probable cause has been found that misconduct under subsection (a), (b) 49
79	84		or (c) of this section has been committed. If the council finds that the 50
80	85		respondent has not committed misconduct under subsection (a), (b) or 51
81	86		(c) of this section, but the respondent has acted in a manner which gives 52
82	87		the appearance of impropriety or constitutes an unfavorable judicial 53
83	88		practice, the council may issue a private admonishment to the 54
84	89		respondent recommending a change in judicial conduct or practice. 55
85	90		Sec. 3. Section 45a-128 of the general statutes is repealed and the 56
86	91		following is substituted in lieu thereof (Effective from passage): 57
87	92		(a) Except as provided in subsection (e) of this section, any order or 58
88	93		decree made by a [court of probate] Probate Court ex parte may, in the 59
89	94		discretion of the court, be reconsidered and modified or revoked by the 60
90	95		court. Reconsideration may be made on the court's own motion or, for 61
91	96		cause shown satisfactory to the court, on the written application of any 62
92	97		interested person. Such motion or application shall be made or filed 63
93	98		before any appeal has been [allowed] filed or after withdrawal of all 64
94	99		appeals which have been [allowed] filed. For the purposes of this 65
95	100		section, an ex parte order or decree is an order or decree entered in a 66
96	101		proceeding of which no notice is required to be given to any party and 67
97	102		no notice is given. 68
98	103		(b) Except as provided in subsections (a) and (e) of this section, any 69
99	104		order or decree other than a decree authorizing the sale of real estate 70
100	105		made by a [court of probate] Probate Court may, in the discretion of the 71
101	106		court, be reconsidered and modified or revoked by the court, on the 72
102	107		court's own motion or on the written application of any interested 73
103	108		person. Such application shall be made or filed within one hundred 74
104	109		twenty days after the date of such order or decree and before any appeal 75
105	110		is [allowed] filed or after withdrawal of all appeals. The court may 76
106	111		reconsider and modify or revoke any such order or decree for any of the 77
107	112		following reasons: (1) For any reason, if all parties in interest consent to 78
108	113		reconsideration, modification or revocation, or (2) for failure to provide 79
109		-	legal notice to a party entitled to notice under law, or (3) to correct a 80
110		-	scrivener's or clerical error, or (4) upon discovery or identification of 81 Raised Bill No. 1501
	114	+	Raised Bill No. 1501
111	115
112	116
113		-	LCO 5169 4 of 10
114	117
	118	+	LCO No. 5169 4 of 11
	119	+
	120	+	legal notice to a party entitled to notice under law, or (3) to correct a 80
	121	+	scrivener's or clerical error, or (4) upon discovery or identification of 81
115	122		parties in interest unknown to the court at the time of the order or 82
116	123		decree. 83
117	124		(c) Upon any modification or revocation there shall be the same right 84
118	125		of and time for appeal as in the case of any other order or decree. 85
119	126		(d) A hearing may be held in the discretion of the court on any motion 86
120	127		or application for reconsideration, modification or revocation, and 87
121	128		notice of the time and place of such hearing shall be given, in such 88
122	129		manner as the court shall order, to all persons to whom notice of the 89
123	130		order or decree to be reconsidered or notice of the hearings concerning 90
124	131		such order or decree, was given, and to all persons by whom any such 91
125	132		notice was waived, and to such other persons as the court may 92
126	133		determine. 93
127	134		(e) Except as provided in section 45a-295, a decree or order made in 94
128	135		reference to any estate may not be modified or revoked by a [court of 95
129	136		probate] Probate Court as to assets lawfully transferred or distributed 96
130	137		prior to the date of issuance of notice of hearing on a motion or 97
131	138		application for reconsideration of such decree or order, or, if the court 98
132	139		determines not to hold any such hearing, prior to the date of the court's 99
133	140		order of revocation or modification. 100
134	141		Sec. 4. Subsection (a) of section 45a-186a of the general statutes is 101
135	142		repealed and the following is substituted in lieu thereof (Effective from 102
136	143		passage): 103
137	144		(a) In an appeal from an order, denial or decree of a Probate Court 104
138	145		made after a hearing that is on the record under section 17a-498, 17a-105
139	146		543, 17a-543a, 17a-685 or 19a-131b, sections 45a-644 to 45a-667v, 106
140	147		inclusive, or section 51-72 or 51-73, not later than thirty days after 107
141		-	[service is made of such appeal under] a copy of the complaint is 108
142		-	received by the Probate Court under subsection (f) of section 45a-186, or 109
143		-	within such further time as may be allowed by the Superior Court, the 110
144		-	Probate Court shall transcribe any portion of the recording of the 111
145		-	proceedings that has not been transcribed. The expense for such 112
146		-	transcript shall be charged against the person who filed the appeal, 113 Raised Bill No. 1501
	148	+	[service is made of such appeal] a copy of the complaint is received by 108
	149	+	the Probate Court under subsection (f) of section 45a-186, or within such 109
	150	+	further time as may be allowed by the Superior Court, the Probate Court 110
	151	+	Raised Bill No. 1501
147	152
148	153
149		-	LCO 5169 5 of 10
150	154
151		-	except that if the person who filed the appeal is unable to pay such 114
152		-	expense and files an affidavit with the court demonstrating the inability 115
153		-	to pay, the expense of the transcript shall be paid by the Probate Court 116
154		-	Administrator and paid from the Probate Court Administration Fund. 117
	155	+	LCO No. 5169 5 of 11
	156	+
	157	+	shall transcribe any portion of the recording of the proceedings that has 111
	158	+	not been transcribed. The expense for such transcript shall be charged 112
	159	+	against the person who filed the appeal, except that if the person who 113
	160	+	filed the appeal is unable to pay such expense and files an affidavit with 114
	161	+	the court demonstrating the inability to pay, the expense of the 115
	162	+	transcript shall be paid by the Probate Court Administrator and paid 116
	163	+	from the Probate Court Administration Fund. 117
155	164		Sec. 5. Subdivision (2) of subsection (a) of section 45a-649 of the 118
156	165		general statutes is repealed and the following is substituted in lieu 119
157	166		thereof (Effective from passage): 120
158	167		(2) (A) The court shall direct that personal service of the citation be 121
159	168		made, by a state marshal, constable or an indifferent person, upon the 122
160	169		respondent and the respondent's spouse, if any, if the spouse is not the 123
161	170		applicant. [Notwithstanding the provisions of this subparagraph, in 124
162	171		cases where the application is for involuntary representation pursuant 125
163	172		to section 17b-456, and there is no spouse or the whereabouts of the 126
164	173		spouse is unknown, the court shall order notice by certified mail to the 127
165	174		children of the respondent and if none, the parents of the respondent 128
166	175		and if none, the brothers and sisters of the respondent or their 129
167	176		representatives, and if none, the next of kin of such respondent.] (B) 130
168	177		Except for the respondent, if the address of any other person entitled to 131
169	178		personal service is unknown, or if personal service or service at the 132
170	179		person's usual place of abode cannot be reasonably effected within the 133
171	180		state, or if the person is out of the state, the judge or the clerk of the court 134
172	181		shall order notice be given by registered or certified mail, return receipt 135
173	182		requested, or by publication not less than ten days before the date of the 136
174	183		hearing. Any such publication shall be in a newspaper of general 137
175	184		circulation in the place of the last known address of the person to be 138
176	185		notified, whether within or without this state, or if no such address is 139
177	186		known, in the place where the petition has been filed. (C) 140
178	187		Notwithstanding the provisions of subparagraph (A) of this 141
179	188		subdivision, in cases where the application is for involuntary 142
180	189		representation pursuant to section 17b-456 or in cases where notice is 143
	190	+	Raised Bill No. 1501
	191	+
	192	+
	193	+
	194	+	LCO No. 5169 6 of 11
	195	+
181	196		provided pursuant to subparagraph (B) of this subdivision, the court 144
182	197		shall further order notice by certified mail to the children of the 145
183	198		respondent and if none, the parents of the respondent and if none the 146
184		-	brothers and sisters of the respondent or their representatives, and if 147 Raised Bill No. 1501
185		-
186		-
187		-	LCO 5169 6 of 10
188		-
	199	+	brothers and sisters of the respondent or their representatives, and if 147
189	200		none, the next of kin of such respondent. 148
190	201		Sec. 6. Section 45a-727 of the general statutes is repealed and the 149
191	202		following is substituted in lieu thereof (Effective from passage): 150
192	203		(a) (1) Except as provided in section 46b-129b, each adoption matter 151
193	204		shall be instituted by filing an application in a [Court of Probate] Probate 152
194	205		Court, together with the written agreement of adoption. [, in duplicate. 153
195	206		One of the duplicates shall be sent immediately to the Commissioner of 154
196	207		Children and Families.] 155
197	208		(2) The application shall incorporate a declaration that to the best of 156
198	209		the knowledge and belief of the declarant there is no other proceeding 157
199	210		pending or contemplated in any other court affecting the custody of the 158
200	211		child to be adopted, or if there is such a proceeding, a statement in detail 159
201	212		of the nature of the proceeding and affirming that the proposed 160
202	213		adoption would not conflict with or interfere with the other proceeding. 161
203	214		The court shall not proceed on any application which does not contain 162
204	215		such a declaration. For the purposes of this declaration, visitation rights 163
205	216		granted by any court shall not be considered as affecting the custody of 164
206	217		the child. 165
207	218		(3) An application for the adoption of a minor child not related to the 166
208	219		adoptive parents shall not be accepted by the [Court of Probate] Probate 167
209	220		Court unless (A) the child sought to be adopted has been placed for 168
210	221		adoption by the Commissioner of Children and Families or a 169
211	222		child-placing agency, and the placement for adoption has been 170
212	223		approved by the commissioner or a child-placing agency; (B) the 171
213	224		placement requirements of this section have been waived by the 172
214	225		Adoption Review Board as provided in section 45a-764; (C) the 173
215	226		application is for adoption of a minor child by a stepparent as provided 174
	227	+	Raised Bill No. 1501
	228	+
	229	+
	230	+
	231	+	LCO No. 5169 7 of 11
	232	+
216	233		in section 45a-733; or (D) the application is for adoption of a child by 175
217	234		another person who shares parental responsibility for the child with the 176
218	235		parent as provided in subdivision (3) of subsection (a) of section 45a-177
219	236		724. The commissioner or a child-placing agency may place a child in 178
220		-	adoption who has been identified or located by a prospective parent, 179 Raised Bill No. 1501
221		-
222		-
223		-	LCO 5169 7 of 10
224		-
	237	+	adoption who has been identified or located by a prospective parent, 179
225	238		provided any such placement shall be made in accordance with 180
226	239		regulations promulgated by the commissioner pursuant to section 181
227	240		45a-728. If any such placement is not made in accordance with such 182
228	241		regulations, the adoption application shall not be approved by the 183
229	242		[Court of Probate] Probate Court. 184
230	243		(4) The application and the agreement of adoption shall be filed in the 185
231	244		[Court of Probate] Probate Court for the district where the adoptive 186
232	245		parent resides or in the district where the main office or any local office 187
233	246		of the statutory parent is located. 188
234	247		(5) The provisions of section 17a-152, regarding placement of a child 189
235	248		from another state, and section 17a-175, regarding the interstate 190
236	249		compact on the placement of children, shall apply to adoption 191
237	250		placements. 192
238	251		(b) (1) The [Court of Probate] Probate Court shall request the 193
239	252		commissioner or a child-placing agency to make an investigation and 194
240	253		written report to it [, in duplicate,] within sixty days from the receipt of 195
241	254		such request. [A duplicate of the report shall be sent immediately to the 196
242	255		Commissioner of Children and Families.] 197
243	256		(2) The report shall be filed with the [Court of Probate] Probate Court 198
244	257		within the sixty-day period. The report shall indicate the physical and 199
245	258		mental status of the child and shall also contain such facts as may be 200
246	259		relevant to determine whether the proposed adoption will be in the best 201
247	260		interests of the child, including the physical, mental, genetic and 202
248	261		educational history of the child and the physical, mental, social and 203
249	262		financial condition of the parties to the agreement and the biological 204
250	263		parents of the child, if known, and whether the best interests of the child 205
	264	+	Raised Bill No. 1501
	265	+
	266	+
	267	+
	268	+	LCO No. 5169 8 of 11
	269	+
251	270		would be served in accordance with the criteria set forth in section 45a-206
252	271		727a. The report shall include a history of physical, sexual or emotional 207
253	272		abuse suffered by the child, if any. The report may set forth conclusions 208
254	273		as to whether or not the proposed adoption will be in the best interests 209
255	274		of the child. 210
256		-	(3) The physical, mental and genetic history of the child shall include 211 Raised Bill No. 1501
257		-
258		-
259		-	LCO 5169 8 of 10
260		-
	275	+	(3) The physical, mental and genetic history of the child shall include 211
261	276		information about: (A) The child’s health status at the time of placement; 212
262	277		(B) the child’s birth, neonatal, and other medical, psychological, 213
263	278		psychiatric, and dental history information; (C) a record of 214
264	279		immunizations for the child; and (D) the available results of medical, 215
265	280		psychological, psychiatric and dental examinations of the child. The 216
266	281		report shall include information, to the extent known, about past and 217
267	282		existing relationships between the child and the child’s siblings, 218
268	283		biological parents, extended family, and other persons who have had 219
269	284		physical possession of or legal access to the child. The educational 220
270	285		history of the child shall include, to the extent known, information about 221
271	286		the enrollment and performance of the child in educational institutions, 222
272	287		results of educational testing and standardized tests for the child, and 223
273	288		special educational needs, if any, of the child. 224
274	289		(4) The adoptive parents are entitled to receive copies of the records 225
275	290		and other information relating to the history of the child maintained by 226
276	291		the commissioner or child-placing agency. The adoptive parents are 227
277	292		entitled to receive copies of the records, provided if required by law, the 228
278	293		copies have been edited to protect the identity of the biological parents 229
279	294		and any other person whose identity is confidential and other 230
280	295		identifying information relating to the history of the child. It is the duty 231
281	296		of the person placing the child for adoption to edit, to the extent required 232
282	297		by law, the records and information to protect the identity of the 233
283	298		biological parents and any other person whose identity is confidential. 234
284	299		(5) The report shall be admissible in evidence subject to the right of 235
285	300		any interested party to require that the person making it appear as a 236
286	301		witness, if available, and such person shall be subject to examination. 237
	302	+	Raised Bill No. 1501
	303	+
	304	+
	305	+
	306	+	LCO No. 5169 9 of 11
	307	+
287	308		(6) For any report under this section the [Court of Probate] Probate 238
288	309		Court may assess against the adoptive parent or parents a reasonable 239
289	310		fee covering the cost and expenses of making the investigation. The fee 240
290	311		shall be paid to the state or to the child-placing agency making the 241
291	312		investigation and report, provided the report shall be made within the 242
292		-	sixty-day period or other time set by the court. 243 Raised Bill No. 1501
293		-
294		-
295		-	LCO 5169 9 of 10
296		-
	313	+	sixty-day period or other time set by the court. 243
297	314		(c) (1) Upon the expiration of the sixty-day period or upon the receipt 244
298	315		of such report, whichever is first, the [Court of Probate] Probate Court 245
299	316		shall set a day for a hearing upon the agreement and shall give 246
300	317		reasonable notice of the hearing to the parties to the agreement, the 247
301	318		child-placing agency if such agency is involved in the adoption, the 248
302	319		Commissioner of Children and Families and the child, if over twelve 249
303	320		years of age. 250
304	321		(2) At the hearing the court may deny the application, enter a final 251
305	322		decree approving the adoption if it is satisfied that the adoption is in the 252
306	323		best interests of the child or order a further investigation and written 253
307	324		report to be filed [, in duplicate,] within whatever period of time it 254
308	325		directs. [A duplicate of such report shall be sent to the commissioner.] 255
309	326		The court may adjourn the hearing to a day after that fixed for filing the 256
310	327		report. If such report has not been filed with the court within the 257
311	328		specified time, the court may thereupon deny the application or enter a 258
312	329		final decree in the manner provided in this section. 259
313	330		(3) The [Court of Probate] Probate Court shall not disapprove any 260
314	331		adoption under this section solely because of an adoptive parent's 261
315	332		marital status or because of a difference in race, color or religion 262
316	333		between a prospective adoptive parent and the child to be adopted or 263
317	334		because the adoption may be subsidized in accordance with the 264
318	335		provisions of section 17a-117. 265
319	336		(4) The [Court of Probate] Probate Court shall ascertain as far as 266
320	337		possible the date and the place of birth of the child and shall incorporate 267
321	338		such facts in the final decree, a copy of which shall be sent to the 268
	339	+	Raised Bill No. 1501
	340	+
	341	+
	342	+
	343	+	LCO No. 5169 10 of 11
	344	+
322	345		Commissioner of Children and Families. 269
323	346		Sec. 7. (Effective July 1, 2025) The Probate Court Administrator shall 270
324	347		convene a working group consisting of Probate Court judges, the 271
325	348		Commissioner of Social Services, or the commissioner's designee, 272
326	349		representatives of nursing homes, as defined in section 19a-563 of the 273
327	350		general statutes, and attorneys having expertise serving as conservators, 274
328		-	to study and provide recommendations on the issues facing 275 Raised Bill No. 1501
329		-
330		-
331		-	LCO 5169 10 of 10
332		-
	351	+	to study and provide recommendations on the issues facing 275
333	352		conservators in the Probate Court system, including, but not limited to, 276
334	353		delay of payments, fee waiver requirements, compensation levels and 277
335	354		the consequences of delays in making determinations on eligibility for 278
336	355		Medicaid program benefits. Not later than January 15, 2026, the Probate 279
337	356		Court Administrator shall report on the results of the study in 280
338	357		accordance with the provisions of section 11-4a of the general statutes 281
339	358		to the joint standing committee of the General Assembly having 282
340	359		cognizance of matters relating to the judiciary. Such report may include 283
341	360		legislative recommendations relating to Probate Court procedures and 284
342	361		the topics that were included in the study. 285
343	362		Sec. 8. (NEW) (Effective October 1, 2025) Notwithstanding the 286
344	363		requirements of chapter 802b of the general statutes, a claim in tort, to 287
345	364		the extent that it is within existing insurance coverage for such tort, 288
346	365		brought in Superior Court against an estate, shall not be dismissed for 289
347	366		lack of subject matter jurisdiction. Nothing in this section shall allow for 290
348	367		recovery beyond the insurance limits for such tort against the estate, nor 291
349	368		allow for recovery from the fiduciary, the estate of the decedent or any 292
350	369		creditor or beneficiary of the estate and recovery shall be limited to the 293
351	370		insurance policy in effect at the time of the tort unless the creditor has 294
352	371		otherwise complied with making a claim under chapter 802b of the 295
353	372		general statutes. 296
354	373		This act shall take effect as follows and shall amend the following
355	374		sections:
356	375
357	376		Section 1 from passage 7-48(c)
358	377		Sec. 2 from passage 45a-63(h)
	378	+	Raised Bill No. 1501
	379	+
	380	+
	381	+
	382	+	LCO No. 5169 11 of 11
	383	+
359	384		Sec. 3 from passage 45a-128
360	385		Sec. 4 from passage 45a-186a(a)
361	386		Sec. 5 from passage 45a-649(a)(2)
362	387		Sec. 6 from passage 45a-727
363	388		Sec. 7 July 1, 2025 New section
364	389		Sec. 8 October 1, 2025 New section
365	390
366		-	JUD Joint Favorable
	391	+	Statement of Purpose:
	392	+	To: (1) Make various statutory changes relating to Probate Court
	393	+	procedures and the Council on Probate Judicial Conduct, and (2) require
	394	+	the Probate Court Administrator to convene a working group to study
	395	+	issues relating to the use of conservators in the Probate Court system.
	396	+
	397	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	398	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	399	+	underlined.]
367	400