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repealed and the following is substituted in lieu thereof (Effective from 2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