CHAPTER 801
PROBATE COURT: ADMINISTRATIVE PROVISIONS
Table of Contents
Sec. 45a-8a. Regional children's probate courts.
Sec. 45a-56. (Formerly Sec. 45-29y). Hospitalization and medical and surgical insurance and dental insurance plan. Eligibility. Payment of premium. Election to participate in dental insurance plan.
Sec. 45a-82. (Formerly Sec. 45-4h). Probate Court Administration Fund. Transfers to retirement fund and General Fund. Annual accounting. Transfer to court of probate for financial assistance. Regulations.
PART I
PROBATE COURTS IN GENERAL
Sec. 45a-8a. Regional children's probate courts. (a) For the purposes of this
section, "children's matters" means: (1) Guardianship matters under sections 45a-603
to 45a-625, inclusive; (2) termination of parental rights matters under sections 45a-706
to 45a-719, inclusive; (3) adoption matters under sections 45a-724 to 45a-733, inclusive,
45a-736 and 45a-737; (4) claims for paternity under section 46b-172a; (5) emancipation
matters under sections 46b-150 to 46b-150e, inclusive; and (6) voluntary admission
matters under section 17a-11.
(b) The Probate Court Administrator shall, within available resources, establish a
regional children's probate court in a region that shall consist of the probate districts of
New Haven, Branford, East Haven, Hamden, Milford, North Branford, North Haven,
Orange, West Haven and Woodbridge. In establishing such court, the Probate Court
Administrator shall consult with the probate judges of such districts, each of whom may
participate on a voluntary basis.
(c) In addition to the court established under subsection (b) of this section, the Probate Court Administrator may establish six additional regional children's probate courts
in regions designated by the Probate Court Administrator. In establishing such courts,
the Probate Court Administrator shall consult with the probate judges of the districts
located in each designated region, each of whom may participate on a voluntary basis.
(d) The Probate Court Administrator may establish a regional children's probate
court under this section in (1) any existing probate court facility within a district located
in a region, or (2) a separate facility located in a region as may be designated by the
Probate Court Administrator. Each regional children's probate court shall be established
and operated with the advice of the participating probate judges of such districts and the
administrative judge appointed under subsection (g) of this section. Such participating
probate judges and administrative judge shall serve as the judges of the regional children's probate court, except as provided in subdivision (1) of subsection (g) of this
section. Such judges shall hear and determine all children's matters as may come before
them on a docket separate from other probate matters.
(e) (1) For the purposes of this section, the Probate Court Administrator may, subject to the provisions of section 45a-84, expend from the Probate Court Administration
Fund established under section 45a-82 such amounts as the Probate Court Administrator
may deem reasonable and necessary for the establishment, improvement, maintenance
and operations of court facilities located in each such designated region.
(2) Nothing in this section shall be construed to relieve any town of its obligation
to provide and maintain court facilities pursuant to section 45a-8.
(f) The Probate Court Administrator may, subject to the provisions of section 45a-84, expend moneys from the Probate Court Administration Fund to pay for necessary
improvements of a facility designated as a regional children's probate court under this
section, to pay operating expenses of a regional children's probate court and to reimburse
participating towns or cities for any costs of leasing office space for a regional children's
probate court, and any necessary improvements thereto, and for expenses under subsection (g) of this section.
(g) (1) The Probate Court Administrator, with the advice of the participating probate judges of the districts located in the designated region, shall appoint an administrative judge for each regional children's probate court. The administrative judge shall be
a probate judge at the time of such appointment. If the administrative judge ceases to
serve as a probate judge after such appointment, the administrative judge may continue
to serve as administrative judge at the pleasure of the Probate Court Administrator, but
shall not have the powers granted to an elected probate judge and shall not hear and
determine children's matters before such regional children's probate court. Subject to
the approval of the Chief Court Administrator, the Probate Court Administrator shall
fix the compensation of the administrative judge and such compensation shall be paid
from the Probate Court Administration Fund. Such compensation, together with the
administrative judge's compensation as a probate judge of the district to which he or
she was elected, shall not exceed the compensation provided under subsection (k) of
section 45a-92. The administrative judge shall have such benefits as may inure to him or
her as a probate judge and shall receive no additional benefits, except for compensation
provided under this section.
(2) Each administrative judge shall be responsible for the management of cases,
coordination of social services, staff, financial management and record keeping for the
regional children's probate court for which the administrative judge is appointed. The
administrative judge may, with the approval of the Probate Court Administrator, purchase furniture, office supplies, computers and other equipment and contract for services
that the administrative judge may deem necessary or advisable for the expeditious conduct of the business of the regional children's probate court. Such expenses shall be
paid for pursuant to section 45a-8. If a separate facility for a regional children's probate
court is established pursuant to subdivision (2) of subsection (d) of this section, the
participating town or city shall be reimbursed for such expenses from the Probate Court
Administration Fund upon presentation of vouchers to the Probate Court Administrator.
(h) Each administrative judge for a regional children's probate court may, with the
approval of the Probate Court Administrator, employ such persons as may be required
for the efficient operation of the regional children's probate court. Such employees shall
be employees of the regional children's probate court and shall be entitled to the benefits
of probate court employees under this chapter. Such employees shall not be deemed to
be state employees.
(i) Any probate court within a region designated under subsection (b) or (c) of this
section may transfer children's matters to the regional children's probate court for such
region. Any regional children's probate court may accept transfers and referrals of children's matters from probate courts within its region.
(j) Each regional children's probate court shall be considered a probate court for
the purposes of this chapter.
(k) The Probate Court Administrator shall establish policies and procedures to implement the provisions of this section. On or before January 3, 2007, the Probate Court
Administrator shall submit a report concerning the operation and effectiveness of the
regional children's probate courts established under this section to the joint standing
committee of the General Assembly having cognizance of matters relating to the judiciary, in accordance with section 11-4a.
(P.A. 04-159, S. 1; P.A. 05-225, S. 1.)
History: P.A. 04-159 effective June 1, 2004; P.A. 05-225 made technical changes in Subsec. (a), amended Subsec. (b)
by deleting provisions re pilot program in a single region and making conforming changes, added new Subsec. (c) re
establishment of six additional regional courts, redesignated portion of Subsec. (b) as new Subsec. (d) and amended same
by deleting provision re designated region and making conforming changes, added new Subsec. (e) re expenditures for
establishment, improvement, maintenance and operations of regional court facilities, redesignated existing Subsecs. (c)
to (h) as new Subsecs. (f) to (k) and made conforming and technical changes therein, amended Subsec. (i) by deleting
provisions prohibiting transfer of new children's matters on or after July 1, 2007, and amended Subsec. (k) by deleting
provisions re pilot program.
PART III
RETIREMENT BENEFITS
Sec. 45a-56. (Formerly Sec. 45-29y). Hospitalization and medical and surgical
insurance and dental insurance plan. Eligibility. Payment of premium. Election to
participate in dental insurance plan. (a) Notwithstanding the provisions of section
5-259, the Comptroller, with the approval of the Attorney General and the Insurance
Commissioner, shall arrange and procure a group hospitalization and medical and surgical insurance and dental insurance plan for the probate judges and employees retirement
system with coverage equal to that available under section 5-259, or otherwise available,
to retired state employees and their spouses and surviving spouses.
(b) Any member of the probate judges and employees retirement system who is
retired and receiving benefits from such system, and the spouse of any such member, and
upon the death of any such member, such member's surviving spouse, while receiving
benefits from such system, may elect to participate in the group insurance plan procured
by the Comptroller under subsection (a) of this section.
(c) The premium charged for any such member and spouse or surviving spouse who
elects to participate in the group hospitalization and medical and surgical portion of
such coverage shall be paid from the retirement fund established pursuant to section
45a-35. Twenty per cent of the premium charged for any such member and spouse or
surviving spouse who elects to participate in the group dental portion of such coverage
shall be paid from said retirement fund, and the remainder of the premium for such
coverage shall be paid by the participant.
(d) Any such member and spouse or surviving spouse who is a participant in the
group insurance plan in effect prior to October 1, 1994, may elect to participate in the
plan set forth in subsection (a) of this section at the premiums set forth in subsection
(c) of this section, provided such election is made within sixty days of October 1, 1994.
(P.A. 88-155, S. 7; P.A. 94-98, S. 8; P.A. 05-288, S. 148, 149.)
History: Sec. 45-29y transferred to Sec. 45a-56 in 1991; P.A. 94-98 amended Subsec. (a) to require comptroller to
procure dental insurance plan for probate judges and employees retirement system, amended Subsec. (c) by eliminating
provision re payment of fifty per cent of premium for group hospitalization and medical and surgical insurance and requiring
payment of twenty per cent of premium charged for dental insurance from the retirement fund, and added Subsec. (d) re
participation in dental insurance plan, requiring election to participate within sixty days of October 1, 1994; P.A. 05-288
made technical changes in Subsecs. (b) and (d), effective July 13, 2005.
PART V
PROBATE COURT ADMINISTRATOR
Sec. 45a-82. (Formerly Sec. 45-4h). Probate Court Administration Fund.
Transfers to retirement fund and General Fund. Annual accounting. Transfer to
court of probate for financial assistance. Regulations. (a) The Probate Court Administration Fund is established, to consist of the amounts hereinafter provided, to be paid
over as herein provided to the State Treasurer.
(b) The State Treasurer shall be the custodian of the fund, with power to administer
it, and to invest and reinvest as much of said fund as is not required for current disbursements in accordance with the provisions of the general statutes regarding the investment
of savings banks.
(c) All payments from said fund authorized by sections 5-259, 17a-77, 17a-274,
17a-498, 17a-510, 19a-131b, 19a-131e, 19a-221, 45a-1 to 45a-12, inclusive, 45a-18 to
45a-26, inclusive, 45a-34 to 45a-56, inclusive, 45a-62 to 45a-68, inclusive, 45a-74 to
45a-83, inclusive, 45a-90 to 45a-94, inclusive, 45a-98, 45a-99, 45a-105, 45a-119 to
45a-123, inclusive, 45a-128, 45a-130, 45a-131, 45a-133, 45a-152, 45a-175 to 45a-180,
inclusive, 45a-199 and 45a-202, shall be made upon vouchers approved by the Probate
Court Administrator.
(d) Monthly there shall be transferred from the fund established by this section to
the retirement fund established by section 45a-35 not less than sufficient moneys, taking
into account receipts by said retirement fund under the provisions of sections 45a-44
and 45a-45, to enable said retirement fund to meet its obligations as estimated by the
Retirement Commission, until the Retirement Commission certifies that the retirement
fund is on a sound actuarial basis.
(e) On or before July first annually, the Retirement Commission shall certify to the
State Treasurer, on the basis of an actuarial determination, the amount to be transferred to
the retirement fund to maintain the actuarial funding program adopted by the Retirement
Commission.
(f) In addition to the aforesaid payments, there shall be transferred from time to
time from the fund established by this section to the retirement fund established by
section 45a-35 such amounts as are determined by the Probate Court Administrator not
to be required for other purposes of sections 45a-20 and 45a-76 to 45a-83, inclusive,
until the Retirement Commission certifies that the retirement fund is on a sound actuarial
basis. Thereafter there shall be transferred from time to time from the fund established
by this section to the General Fund such amounts as are determined by the Probate Court
Administrator not to be required for the purposes of said sections.
(g) If at any time thereafter the Retirement Commission certifies that the retirement
fund established by section 45a-35 is no longer on a sound actuarial basis, transfers
from this fund to the retirement fund shall be resumed until the Retirement Commission
again certifies that said retirement fund is on a sound actuarial basis, at which time
transfers from this fund to the General Fund shall be resumed.
(h) All payments of assessments imposed by section 45a-92 with respect to income
received by any judge of probate on or after January 1, 1968, shall be paid in accordance
with the schedule set forth in section 45a-92.
(i) The State Treasurer shall, on or before October first, annually, give an accounting
of the Probate Court Administration Fund, showing the receipts and disbursements and
the balance or condition thereof, as of the preceding June thirtieth, to the Connecticut
Probate Assembly and to the joint standing committee of the General Assembly having
cognizance of matters relating to the judiciary.
(j) In the event that any court of probate otherwise receives income which is insufficient to meet, on an ongoing basis, the reasonable and necessary financial needs of that
court, including the salaries of the judge and the judge's staff, there shall be transferred
from time to time from the Probate Court Administration Fund such amounts as are
determined by the Probate Court Administrator to be reasonable and necessary for the
proper administration of each such court. Except as provided in subsection (k) of section
45a-92, the judge's annual salary shall not exceed the average annual salary of such
judge for the three-year period next preceding the request for financial assistance or the
product resulting from the multiplication of fifteen dollars by the annual weighted-workload of the court, as defined in subsection (c) of section 45a-92, whichever is
greater, but not to exceed the annual compensation provided in subsection (k) of section
45a-92.
(k) Each judge of probate requesting financial assistance at any time during any
calendar year shall file with the Probate Court Administrator a sworn statement showing
the actual gross receipts and itemized expenses of the judge's court and the amount
requested, together with an explanation therefor. The Probate Court Administrator may
approve and issue an invoice to the State Comptroller pursuant to subsection (c) of this
section, authorizing payment to the court of probate in such amounts as shall have been
approved by the Probate Court Administrator.
(l) The Probate Court Administrator may issue regulations pursuant to subdivision
(1) of subsection (b) of section 45a-77 in order to carry out the intent of subsections (j)
and (k) of this section.
(1967, P.A. 558, S. 20; 1972, P.A. 244, S. 1; P.A. 73-301, S. 1, 2; P.A. 80-476, S. 34; P.A. 87-333, S. 2; P.A. 89-326,
S. 1, 7; P.A. 92-118, S. 2; P.A. 93-232, S. 2; P.A. 96-110, S. 2, 4; 96-170, S. 1, 23; P.A. 97-90, S. 5, 6; P.A. 01-127, S. 3;
P.A. 03-236, S. 14; P.A. 04-257, S. 69; P.A. 05-288, S. 150.)
History: 1972 act deleted obsolete provisions re transfer of moneys of probate assembly to state treasurer and of moneys
to retirement fund sufficient to meet obligations for three months and added provision re annual certification of amount
to be transferred to retirement fund to maintain the actuarial funding program; P.A. 73-301 deleted reference to payments
from fund authorized by Sec. 45-12a and reference to July 1, 1972, as date for initial annual certification of amount to be
transferred to retirement fund and added provision re treasurer's annual accounting of fund status to probate assembly and
judiciary committee; P.A. 80-476 divided section into Subsecs. and made minor changes in wording; P.A. 87-333 amended
Subsec. (c) by deleting reference to "sections 45-4a to 45-4i, inclusive" and inserting reference to chapters 774 and 794
in lieu thereof; P.A. 89-326 amended Subsec. (c) to include payments authorized by Secs. 17-178, 17-192, 17-205d and
19a-448; Sec. 45-4h transferred to Sec. 45a-82 in 1991; P.A. 92-118 amended Subsec. (f) by changing "45a-21" to "45a-20"; P.A. 93-232 added reference to Sec. 45a-57; P.A. 96-110 amended Subsec. (c) by adding reference to Sec. 5-259 and
changing reference to Sec. 45a-57 to 45a-56, effective January 1, 1997; P.A. 96-170 added Subsecs. (j), (k) and (l) re
transfer of funds from private administration fund when income of court of probate insufficient to meet financial needs,
requiring probate judge requesting financial assistance to file sworn statement re gross receipts and expenses of court and
amount requested and allowing Probate Court Administrator to issue regulations re financial assistance to probate courts,
effective July 1, 1998; P.A. 97-90 changed effective date of P.A. 96-170, S. 1 from July 1, 1998, to July 1, 1997; P.A. 01-127 amended Subsec. (j) by adding alternative method of computation of maximum salary by product of multiplication
of fifteen dollars by annual weighted-workload of court, whichever is greater, but not to exceed annual compensation in
Sec. 45a-92(k); P.A. 03-236 amended Subsec. (c) by adding references to Secs. 19a-131b and 19a-131e, effective July 9,
2003; P.A. 04-257 made technical changes in Subsec. (i), effective June 14, 2004; P.A. 05-288 made a technical change
in Subsec. (c), effective July 13, 2005.