Secs. 45a-591 and 45a-592. Reserved for future use.
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Sec. 45a-593. (Formerly Sec. 45-58). Administrator of Veterans' Affairs to be
party in interest. (a) The Administrator of Veterans' Affairs, created by Act of the
Congress of the United States, or his successor, shall be a party in interest in any proceedings brought under any provision of the general statutes for the appointment of a guardian
or conservator of a veteran of any war or other beneficiary on whose account benefits
of compensation, adjusted compensation, pension or insurance or other benefits are
payable by the Veterans' Administration.
(b) The Administrator of Veterans' Affairs or his successor shall be an interested
party in the administration of the estate of any ward on whose account the benefits are
payable or whose estate includes assets derived from benefits paid by the Veterans'
Administration, its predecessor or successor.
(c) Written notice shall be given by regular mail, unless waived in writing, to the
division of the office of the Veterans' Administration having jurisdiction over the area
in which the court is located, of the time and place for hearing on any petition or pleading
or in connection with any proceeding pertaining to or affecting in any manner the administration of the estate of any beneficiary of the Veterans' Administration. Notice shall
be mailed in time to reach such office not less than ten days before the date of the hearing
or other proceeding.
(1949 Rev., S. 6865; P.A. 80-476, S. 101; P.A. 95-316, S. 6.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-58 transferred to Sec. 45a-593
in 1991; P.A. 95-316 amended Subsec. (a) by adding reference to conservators and amended Subsec. (b) by changing
notice by registered or certified mail to notice by regular mail.
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Sec. 45a-594. (Formerly Sec. 45-60). Compensation of guardian or conservator of social services beneficiary or veteran. (a) Compensation payable to the conservator or guardian of any person who is supported wholly or in part by the state in any
humane institution, or who is receiving benefits under any of the state's programs of
public assistance, shall be based upon services rendered and shall not exceed five per
cent of the gross income to the estate during the period covered by any account. The
conservator or guardian shall be entitled to compensation of not less than fifty dollars
for any accounting period continuing for at least a year. If extraordinary services are
rendered by any conservator or guardian, the court of probate, upon petition and hearing,
may authorize reasonable additional compensation. A copy of the petition and notice
of hearing shall be lodged in the office of the Commissioner of Administrative Services
in Hartford at least ten days before the hearing. No commission or compensation shall
be allowed on any moneys or other assets received from a prior guardian or conservator
nor upon any amount received from liquidation of loans or other investments.
(b) Compensation payable to the conservator or guardian of any veteran or other
beneficiary of the Veterans' Administration for administering moneys paid by the
United States through the Veterans' Administration, or revenue or profit from any property wholly or partially acquired therewith, shall be based upon services rendered and
shall not exceed five per cent of the amount of moneys received during the period covered
by the account. If extraordinary services are rendered by any conservator or guardian,
the Court of Probate, upon petition and hearing, may authorize reasonable additional
compensation. A copy of the petition and notice of hearing shall be given to the proper
office of the Veterans' Administration in the manner provided for hearing on other
petitions or pleadings filed by such conservators or guardians. No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian
nor upon the amount received from liquidation of loans or other investments.
(1949, S. 1644d; 1957, P.A. 237; P.A. 73-616, S. 36; P.A. 77-614, S. 70, 610; P.A. 80-476, S. 102; P.A. 91-49, S. 2.)
History: P.A. 73-616 required that copy of petition and hearing notice be lodged in office of commissioner of finance
and control rather than in office of welfare commissioner in Subsec. (a); P.A. 77-614 replaced commissioner of finance
and control with commissioner of administrative services; P.A. 80-476 rephrased provisions; Sec. 45-60 transferred to
Sec. 45a-594 in 1991; P.A. 91-49 amended section by removing references to "minor or incompetent" person.
Cited. 45 CA 490.
Subsec. (a):
Conserved person represented by an attorney may appeal from Probate Court decree approving conservator's compensation under subsec. without a guardian ad litem or next friend, upon a showing that it is in his or her best interests to do so.
276 C. 526.
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Sec. 45a-595. (Formerly Sec. 45-59). Investment of funds in insurance and annuity contracts by conservator or guardian of estate. Upon application of a conservator or the guardian of the estate of a ward, the Court of Probate may authorize the
conservator or guardian to invest income or principal of the estate, to the extent found
reasonable by the court under all the circumstances, in one or more policies of life or
endowment insurance or one or more annuity contracts issued by a life insurance company authorized to conduct business in this state, on the life of the ward or incapable
person, or on the life of a person in whose life the ward or incapable person has an
insurable interest. Any such policy or contract shall be the sole property of the ward or
incapable person whose funds are invested in it.
(1949, S. 2903d; P.A. 80-476, S. 103.)
History: P.A. 80-476 made minor changes in wording; Sec. 45-59 transferred to Sec. 45a-595 in 1991.
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Sec. 45a-596. (Formerly Sec. 45-51). Parental appointment of guardian or coguardian of minor upon death of parents. (a) The parent of an unmarried minor,
except a parent who has been removed as guardian of the person of the minor, may by
will or other writing signed by the parent and attested by at least two witnesses appoint
a person or persons as guardian or coguardians of the person of such minor, as guardian
or coguardians of the estate, or both, to serve if the parents who are guardians of the
minor are dead. If two or more instruments, whether by will or other writing, contain
an appointment, the latest effective appointment made by the last surviving parent has
priority. Such appointment shall not supersede the previous appointment of a guardian
made by the court of probate having jurisdiction.
(b) The ward of such a guardian may, when he or she is over the age of twelve,
apply to the court of probate in which such ward resides, for the substitution of a guardian
or coguardians of the person to supersede the appointed guardian. The court of probate
may, upon such application and hearing, substitute the guardian or coguardians chosen
by the ward to be the guardian or coguardians of the person of the ward after consideration of the standards set forth in section 45a-617.
(c) A parental appointment becomes effective when the guardian's written acceptance is filed in the court in which the nominating instrument is probated, or, in the case
of a nontestamentary nominating instrument, in the court for the probate district where
the minor resides. Any guardian or coguardians appointed pursuant to this section shall
receive the appointment subject to the control of the court of probate and subject to the
provisions and restrictions to which the last surviving parent, as guardian, was subject
at the time of such parent's decease. If the court deems it necessary for the protection
of the minor, a guardian or coguardians of the person shall furnish a probate bond. A
guardian or coguardians of the estate shall furnish a probate bond. Upon such acceptance
of guardianship or furnishing such bond, the guardian or coguardians shall have the
same power over the person and estate of such minor as guardians appointed by the
court of probate.
(1949 Rev., S. 6858; P.A. 80-227, S. 5, 24; 80-476, S. 104; P.A. 86-200, S. 3; 86-264, S. 4; P.A. 96-98; P.A. 00-76, S. 1.)
History: P.A. 80-227 authorized separate appointments of guardian of person and guardian of estate where previously
one appointee served in both capacities in all cases and added provisions clarifying bond requirement and respective powers
and duties of guardian of the person and guardian of the estate, effective July 1, 1981; P.A. 80-476 divided section into
Subsecs. and rephrased provisions; P.A. 86-200 and P.A. 86-264 included references to coguardians; P.A. 86-264 also
amended Subsec. (b) by adding provision re substitution of guardian or coguardian if ward is over the age of twelve; Sec.
45-51 transferred to Sec. 45a-596 in 1991; P.A. 96-98 made technical changes in Subsecs. (a) and (c) and amended Subsec.
(b) by deleting provision re ability of custodial parent alone to appoint guardian; P.A. 00-76 amended Subsec. (a) to permit
parental appointment of guardian or coguardian of minor child upon death of the parents by will or other writing attested
by at least two witnesses, and to provide in the case of two appointing documents that the latest effective appointment
prevails, amended Subsec. (b) to add provision re consideration of Sec. 45a-617 standards, amended Subsec. (c) to delete
provision re written acceptance of guardianship and to provide that parental appointment becomes effective when guardian's
written acceptance is filed in probate court where nomination instrument is probated, or if instrument is nontestamentary,
in the court for the probate district where the minor resides, and made conforming and technical changes throughout.
Presumption that it is in child's best interest to allow a testamentary guardian named pursuant to this section to serve
as such is rebuttable by demonstrating, by a fair preponderance of the evidence, that it would be detrimental to the child
to permit testamentary guardian to serve as such, and that detriment may be shown not just by demonstrating guardian's
unfitness, but by demonstrating considerations that would be damaging, injurious or harmful to the child. 260 C. 182.
Cited. 24 CA 402.
Subsec. (a):
Held section to be interpreted as mandating the appointment of sole surviving parent's testamentary choice of a guardian;
presumption that best interests of child served by the appointment may be rebutted only by showing such appointment
would be detrimental to the child. 24 CA 402.
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Sec. 45a-597. (Formerly Sec. 45-60a). Payment by guardian or conservator of
administration expenses of deceased protected person. (a) Upon the death of a minor
with respect to whose estate a guardian has been duly appointed by a court of probate,
has qualified and is acting as such, and upon the death of a person with respect to whose
estate a conservator has been duly appointed, has qualified and is acting as such, if (1)
the estate consists entirely of personalty and (2) the estate remaining in the hands of the
guardian or conservator at the time of the death of the protected person is not more than
sufficient to pay expenses incurred during the lifetime of the protected person and not
paid as of the date of death, administration expenses necessary to the settlement of
the fiduciary's final account and the funeral expenses, including the cost of a suitable
monument and cemetery plot, then such guardian or conservator may pay such expenses
and take credit therefor on his final account. The payments shall be subject to the limitations set forth in sections 17b-95 and 17b-300.
(b) If the estate is less than sufficient to pay all such expenses in full, the provisions
of section 45a-392 as to order of payment shall govern.
(1967, P.A. 872; 1969, P.A. 650; 1972, P.A. 294, S. 38; P.A. 80-476, S. 105; P.A. 84-294, S. 6; P.A. 91-49, S. 3.)
History: 1969 act added reference to Sec. 17-300; 1972 act deleted references to Secs. 17-105 and 17-129 and added
reference to Sec. 17-83g; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 84-294 amended Subsec.
(a) by rewording provision re payment of administration expenses; Sec. 45-60a transferred to Sec. 45a-597 in 1991; P.A.
91-49 amended Subsec. (a) by deleting phrase "who had been duly adjudicated incompetent by a court of probate and"
and deleting references to "ward or incompetent" and substituting "protected person" in lieu thereof.
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Sec. 45a-598. Parental visitation of protected adult. Any person who is the parent of an adult person with mental retardation or a mental disability for whom a conservator of the person or guardian has been appointed may file a motion with the probate
court having jurisdiction over the conservatorship or guardianship seeking an order of
visitation with such adult person. After notice and hearing, the court may grant the order
which shall set forth the terms and conditions of visitation including, but not limited to,
the schedule of visitation, including the dates or days, time and place or places in which
the visitation can occur, whether overnight visitation will be allowed and any other
terms and conditions which the judge determines should be incorporated into the order
of visitation which are in the best interest of the person with whom visitation is sought.
(P.A. 95-147.)
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Sec. 45a-599. Transfer of guardianship file to other probate district when minor becomes resident of town in other probate district. When any minor for whom
a guardian has been appointed becomes a resident of any town in the state in a probate
district other than the one in which a guardian was appointed, such court in that district
may, upon motion of any person deemed by the court to have sufficient interest in the
welfare of the respondent, including, but not limited to, the guardian or a relative of the
minor under guardianship, transfer the file to the probate district in which the minor
under guardianship resides at the time of the application, provided the transfer is in the
best interest of the minor. A transfer of the file shall be accomplished by the probate
court in which the guardianship matter is on file by making copies of all documents in
the court and certifying each of them and then causing them to be delivered to the court
for the district in which the minor under guardianship resides. When the transfer is made,
the court of probate in which the minor under guardianship resides at the time of transfer
shall thereupon assume jurisdiction over the guardianship and all further accounts shall
be filed with such court.
(P.A. 96-202, S. 9.)
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Secs. 45a-600 to 45a-602. Reserved for future use.
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Sec. 45a-603. (Formerly Sec. 45-42). Residence of minor defined. For the purposes of sections 45a-132, 45a-593 to 45a-597, inclusive, 45a-603 to 45a-622, inclusive,
and 45a-629 to 45a-638, inclusive, the residence of a minor means his or her actual
residence and not that imputed to the minor by the residence of his or her parents or
guardian.
(1949 Rev., S. 6849; P.A. 79-460, S. 3.)
History: P.A. 79-460 added feminine personal pronouns where necessary; Sec. 45-42 transferred to Sec. 45a-603 in 1991.
See Sec. 45a-604 for applicable definitions.
Annotations to former section 45-42:
Cited. 135 C. 128. Cited. 193 C. 393.
Child's domicile is that of the parent with whom he actually lives. 14 CS 59.
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Sec. 45a-604. (Formerly Sec. 45-42a). Definitions. As used in sections 45a-603
to 45a-622, inclusive:
(1) "Mother" means a woman who can show proof by means of a birth certificate
or other sufficient evidence of having given birth to a child and an adoptive mother as
shown by a decree of a court of competent jurisdiction or otherwise;
(2) "Father" means a man who is a father under the law of this state including a
man who, in accordance with section 46b-172, executes a binding acknowledgment of
paternity and a man determined to be a father under chapter 815y;
(3) "Parent" means a mother as defined in subdivision (1) of this section or a "father"
as defined in subdivision (2) of this section;
(4) "Minor" or "minor child" means a person under the age of eighteen;
(5) "Guardianship" means guardianship of the person of a minor, and includes: (A)
The obligation of care and control; (B) the authority to make major decisions affecting
the minor's education and welfare, including, but not limited to, consent determinations
regarding marriage, enlistment in the armed forces and major medical, psychiatric or
surgical treatment; and (C) upon the death of the minor, the authority to make decisions
concerning funeral arrangements and the disposition of the body of the minor;
(6) "Guardian" means one who has the authority and obligations of "guardianship"
as defined in subdivision (5) of this section;
(7) "Termination of parental rights" means the complete severance by court order
of the legal relationship, with all its rights and responsibilities, between the child and
the child's parent or parents so that the child is free for adoption, except that it shall not
affect the right of inheritance of the child or the religious affiliation of the child.
(P.A. 79-460, S. 1; P.A. 81-472, S. 100, 159; P.A. 96-130, S. 1; P.A. 99-84, S. 4; P.A. 00-5; 00-157, S. 7, 8; 00-196,
S. 31.)
History: P.A. 81-472 made technical changes; Sec. 45-42a transferred to Sec. 45a-604 in 1991; P.A. 96-130 added
Subdiv. (7) defining "termination of parental rights"; P.A. 99-84 amended definition of "father" in Subdiv. (2) to include
"a man who, in accordance with section 46b-172, executes a binding acknowledgment of paternity"; P.A. 00-5 amended
definition of "guardianship" in Subdiv. (5) to add Subpara. (C) re the authority, upon the death of the minor, to make
decisions concerning funeral arrangements and the disposition of the body of the minor; P.A. 00-157 amended Subdiv.
(5)(B) to add education, effective July 1, 2001; P.A. 00-196 made technical changes in Subdiv. (1).
Annotations to former section 45-42a:
Cited. 193 C. 393.
Subdiv. (5):
Cited. 6 CA 707.
Annotations to present section:
Subdiv. (5):
Cited. 231 C. 1.
Taken together, under Secs. 45a-606 and 45a-605(a) and this subdiv., authority to make major decisions affecting
child's welfare intended to effectuate child's best interest includes authority to make legal decisions on behalf of the minor
and would include, in this case, authority to assert child's legal rights in a court of law. 76 CA 693.
Cited. 44 CS 169.
Subdiv. (6):
Cited. 231 C. 1.
Cited. 44 CS 169.
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Sec. 45a-605. (Formerly Sec. 45-42b). Provisions construed in best interest of
minor child. (a) The provisions of sections 45a-603 to 45a-622, inclusive, shall be
liberally construed in the best interests of any minor child affected by them, provided
the requirements of such sections are otherwise satisfied.
(b) All proceedings held under said sections shall, in the best interests of the minor
child, be held without unreasonable delay.
(P.A. 79-460, S. 2; P.A. 85-244, S. 1, 3.)
History: P.A. 85-244 amended Subsec. (a) by adding "provided the requirements of such sections are otherwise satisfied"; Sec. 45-42b transferred to Sec. 45a-605 in 1991.
Annotations to former section 45-42b:
This statute is unambiguous declaration of legislative intent and an acknowledgment of standard to be used on issue
of custody even where surviving biological parent claims entitlement to custody of minor child under Sec. 45-43. 193 C. 393.
Cited. 3 CA 194.
Annotations to present section:
Trial court record supports best interests of the child standard. 47 CA 105.
Subsec. (a):
Cited. 231 C. 1.
Cited. 24 CA 402. Taken together, under Secs. 45a-606, and 45a-604(5) and this subsec., authority to make major
decisions affecting child's welfare intended to effectuate child's best interest includes authority to make legal decisions
on behalf of the minor and would include, in this case, authority to assert child's legal rights in a court of law. 76 CA 693.
Cited. 44 CS 169.
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Sec. 45a-606. (Formerly Sec. 45-43). Father and mother joint guardians. The
father and mother of every minor child are joint guardians of the person of the minor,
and the powers, rights and duties of the father and the mother in regard to the minor
shall be equal. If either father or mother dies or is removed as guardian, the other parent
of the minor child shall become the sole guardian of the person of the minor.
(1949 Rev., S. 6850; 1959, P.A. 177; 1969, P.A. 691, S. 1; 1972, P.A. 127, S. 66; P.A. 73-156, S. 19; P.A. 74-164, S.
13, 20; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-460, S. 4.)
History: 1959 act authorized application to remove parent as guardian by mother of child born out of wedlock for
purposes of placing child for adoption by private agency; 1969 act added reference to placement of child for adoption by
welfare commissioner in provision added by 1959 act, specified that notice must be given parents unless "the parent to be
affected thereby is over twenty-one years of age" and has lodged written waiver with court and required appointment of
guardian ad litem for parents under twenty-one; 1972 act reduced age of majority from twenty-one to eighteen, amending
references to parents' age accordingly; P.A. 73-156 deleted provision re application to remove parent as guardian made
by mother of child born out of wedlock, required ten days' notice of hearing rather than five, authorized appointment of
guardian ad litem when parent is incompetent and defined "guardian" and "guardian of the person" for purposes of section;
P.A. 74-164 deleted definition added by 1973 act; P.A. 75-420 replaced welfare commissioner with commissioner of social
services; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1,
1979; P.A. 79-460 made provisions applicable to every minor child where previously applicable to "legitimate" children
and deleted detailed provisions re procedure for removal of parent or parents as guardian; Sec. 45-43 transferred to Sec.
45a-606 in 1991.
See Sec. 17a-112 re statement that parents are not entitled to earnings of child supported by Commissioner of Children
and Families.
See Sec. 19a-285 re consent by minor parent.
See Sec. 46b-172(a) re establishment of paternity by acknowledgment.
Annotations to former section 45-43:
Guardian appointed while minor is not of age to choose is guardian till majority of ward, unless removed. K. 287.
Mother natural guardian on decease of father. 2 R. 323. Judge not liable in civil actions for appointment of bankrupt as
guardian. 1 D. 329. Inequitable contract between guardian and ward will be set aside. 5 D. 549. Guardian not bound to
support ward out of his own estate. 2 C. 388. Appointment showing jurisdictional fact of residence cannot be attacked
collaterally. Id.; 75 C. 308. Guardian's authority coterminous with life of ward. 4 C. 189. Different kinds of guardians. 6
C. 500. Guardian liable on his bond for negligence in not collecting or securing note of nonresident debtor of his ward. 30
C. 508. Father was guardian of minor both as to person and property till arrival at majority, prior to 1901. 31 C. 553.
Guardian used in statutes means guardian appointed by court. 33 C. 327. Mother's right as natural guardian inferior to that
of guardian appointed by court. Id., 328. Father cannot transfer his right to custody to mother. 34 C. 263. Court has no
discretion in matter of appointment if person chosen under Sec. 45-46 is suitable. 38 C. 304; 111 C. 246. History of statutes
relating to guardian. 38 C. 319. Guardian primarily responsible to minor rather than court, and a suit on bond proper remedy
for neglect of that duty. 43 C. 76. Guardian has no power to bind estate of ward by contract. 53 C. 119. Notice as to
appointment under former law considered. 67 C. 366. Settlement of account of guardian by his executor; liability where
ward's funds mingled with his own. 69 C. 259. What constitutes residence of child. Id., 301. False representation of guardian
cannot affect estate. 72 C. 167. Liabilities where administrator of estate is also guardian of distributees. 75 C. 410; 80 C.
111. Father has no rights in estate of son. 76 C. 430. Guardian has authority only, not title to property; ordinarily represents
ward in action. Id., 431; 93 C. 37; 111 U.S. 566. Powers and duties of guardian of estate. 77 C. 379. Right of guardian to
compromise claim for personal injury. 84 C. 594. State where land is situated has sole right to appoint guardian of estate
of minor as to it. 178 U.S. 186. Statute applies even though parents are living apart. 99 C. 157. Applicable even though
custody during most of year is awarded to mother. Id. Guardian may not be appointed over illegitimate child until removal
of mother under this section. 100 C. 206. Abandonment of minor son by father emancipates son; effect on dependency of
mother under compensation act. 105 C. 420. Parents have no right of property in their minor children of which they cannot
be deprived without their consent. 110 C. 463. Joint guardianship of parents is qualified by court's power under Sec. 46-24. 131 C. 387. Cited. 134 C. 316. Where domicile of child is that of his mother, she may, so far as court action for
determining his custody is concerned, have a domicile apart from her husband. 135 C. 124. Where jurisdiction of probate
court not invoked, other courts may render judgment in habeas corpus as to custody. 136 C. 411. Gives no added right to
a mother to recover from father of a child for child's support. 138 C. 7. Cited. Id., 600. Does not preclude appointment of
guardian ad litem as provision is permissive. 140 C. 96. Cited. 141 C. 113. Parents are the joint guardians of their minor
children, but the paramount consideration in awarding custody of minor children is the welfare and happiness of the child.
142 C. 558. Primary jurisdiction over removal of mother as guardian of person of her son is in probate court. 157 C. 576.
Cited. 163 C. 343. Father of illegitimate child denied visitation rights on basis of individual child's best interests. 172 C.
612. Mother's right to sole guardianship does not absolutely preclude natural father of illegitimate child from seeking a
judicial determination of custody or visitation. 175 C. 527. Standard to be used in issue of custody is set forth in Sec. 45-42b. 193 C. 393. Cited. 201 C. 229. Cited. 212 C. 63.
Cited. 6 CA 707. Cited. 34 CA 129; judgment reversed, see 234 C. 51.
Status of parents not affected by the circumstances that the parents are separated from each other. 3 CS 211. Where
parent abandons minor child and other parent assumes, alone, the burden of supporting and caring for him, the deserting
parent emancipates the child and the other parent is entitled to child's earnings. Id., 385. Cited. 7 CS 362; 10 CS 275.
Where wife left husband to obtain divorce in another state, but at all times had the intention of resuming parental relationship
to her children, held she had not abandoned them. 14 CS 59. Court cannot award custody of an unadopted child to father's
wife since natural mother is sole guardian of an illegitimate child. Id., 391. Cited. 15 CS 226; 17 CS 224. See note to Sec.
45-45. Although mother of illegitimate child has superior right to his custody, that right is not absolute. As in case of
legitimate child, welfare of child is controlling consideration. 24 CS 76. On appeal from probate court ruling removing
plaintiff mother as a joint guardian of children, superior court's reversal of probate court's ruling justifies granting plaintiff's
motion to terminate stay of execution so she may renew contact with children. 28 CS 189. Cited. 31 CS 188. Cited. Id.,
271. Cited. 35 CS 237. Cited. 40 CS 221.
Annotations to present section:
Cited. 226 C. 652.
Cited. 24 CA 402. Cited. 34 CA 129; judgment reversed, see 234 C. 51. Mother and father of minor child are, de facto,
guardians of that child. 76 CA 693. Taken together, under this section and Secs. 45a-605(a) and 45a-604(5), authority to
make major decisions affecting child's welfare intended to effectuate child's best interest includes authority to make legal
decisions on behalf of the minor and would include, in this case, authority to assert child's legal rights in a court of law. Id.
Cited. 44 CS 169.
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Sec. 45a-607. (Formerly Sec. 45-44). Temporary custody of minor pending
application to probate court for removal of guardian or termination of parental
rights. (a) When application has been made for the removal of one or both parents as
guardians or of any other guardian of the person of a minor child, or when an application
has been made for the termination of the parental rights of any parties who may have
parental rights with regard to any minor child, or when, in any proceeding the court has
reasonable grounds to believe that any minor child has no guardian of his or her person,
the court of probate in which the proceeding is pending may issue an order awarding
temporary custody of the minor child to a person other than the parent or guardian, with
or without the parent's or guardian's consent, but such order may only be issued in
accordance with the provisions of this section.
(b) In the case of a minor child in the custody of the parent or other guardian, no
application for custody of such minor child may be granted ex parte, except in accordance
with subdivision (2) of this subsection. In the case of a minor child in the custody of a
person other than the parent or guardian, no application for custody may be granted ex
parte, except in accordance with subdivisions (1) to (3), inclusive, of this subsection.
(1) An application for immediate temporary custody shall be accompanied by an
affidavit made by the custodian of such minor child under penalty of false statement,
stating the circumstances under which such custody was obtained, the length of time
the affiant has had custody and specific facts which would justify the conclusion that
determination cannot await the hearing required by subsection (c) of this section. Upon
such application, the court may grant immediate temporary custody to the affiant or
some other suitable person if the court finds that: (A) The minor child was not taken or
kept from the parent, parents or guardian, and (B) there is a substantial likelihood that
the minor child will be removed from the jurisdiction prior to a hearing under subsection
(c) of this section, or (C) to return the minor child to the parent, parents or guardian
would place the minor child in circumstances which would result in serious physical
illness or injury, or the threat thereof, or imminent physical danger prior to a hearing
under subsection (c) of this section.
(2) In the case of a minor child who is hospitalized as a result of serious physical
illness or serious physical injury, an application for immediate temporary custody shall
contain a certificate signed by two physicians licensed to practice medicine in this state
stating that (A) the minor child is in need of immediate medical or surgical treatment,
the delay of which would be life threatening, (B) the parent, parents or guardian of the
minor child refuses or is unable to consent to such treatment, and (C) determination of
the need for temporary custody cannot await notice of hearing. Upon such application,
the court may grant immediate temporary custody to some suitable person if it finds
that (i) a minor child has suffered from serious physical illness or serious physical injury
and is in need of immediate medical or surgical treatment, (ii) the parent, parents or
guardian refuses to consent to such treatment, and (iii) to delay such treatment would
be life threatening.
(3) If an order of temporary custody is issued ex parte, notice of the hearing required
by subsection (c) of this section shall be given promptly, and the hearing shall be held
within five business days of the date of such ex parte order of temporary custody, provided the respondent shall be entitled to continuance upon request. Upon the issuance
of an order granting temporary custody of the minor child to the Commissioner of Children and Families, or not later than sixty days after the issuance of such order, the court
shall make a determination whether the Department of Children and Families made
reasonable efforts to keep the minor child with his or her parent, parents or guardian
prior to the issuance of such order and, if such efforts were not made, whether such
reasonable efforts were not possible, taking into consideration the minor child's best
interests, including the minor child's health and safety. Upon issuance of an ex parte
order of temporary custody, the court shall promptly notify the Commissioner of Children and Families, who shall cause an investigation to be made forthwith, in accordance
with section 17a-101g, and shall present the commissioner's report to the court at the
hearing on the application for temporary custody. The hearing on an ex parte order of
temporary custody shall not be postponed, except with the consent of the respondent,
or, if notice cannot be given as required by this section, a postponement may be ordered
by the court for the purpose of a further order of notice.
(c) Except as provided in subsection (b) of this section, upon receipt of an application for temporary custody under this section, the court shall promptly set the time and
place for hearing to be held on such application. The court shall order notice of the
hearing on temporary custody to be given by regular mail to the Commissioner of Children and Families and by personal service in accordance with section 52-50 to both
parents and to the minor child, if over twelve years of age, at least five days prior to the
date of the hearing, except that in lieu of personal service on a parent or the father of a
minor child born out of wedlock who is either an applicant or who signs under penalty
of false statement a written waiver of personal service on a form provided by the Probate
Court Administrator, the court may order notice to be given by certified mail, return
receipt requested, deliverable to addressee only, at least five days prior to the date of
the hearing. If the whereabouts of the parents are unknown, or if such delivery cannot
reasonably be effected, then notice shall be ordered to be given by publication. Such
notice may be combined with the notice under section 45a-609 or with the notice required
under section 45a-716. If the parents are not residents of the state or are absent from the
state, the court shall order notice to be given by certified mail, return receipt requested,
deliverable to addressee only, at least five days prior to the date of the hearing. If the
whereabouts of the parents are unknown, or if delivery cannot reasonably be effected,
the court may order notice to be given by publication. Any notice by publication under
this subsection shall be in a newspaper which has a circulation at the last-known place
of residence of the parents. In either case, such notice shall be given at least five days
prior to the date of the hearing, except in the case of notice of hearing on immediate
temporary custody under subsection (b) of this section. If the applicant alleges that the
whereabouts of a respondent are unknown, such allegation shall be made under penalty
of false statement and shall also state the last-known address of the respondent and the
efforts which have been made by the applicant to obtain a current address. The applicant
shall have the burden of ascertaining the names and addresses of all parties in interest
and of proving to the satisfaction of the court that he or she used all proper diligence to
discover such names and addresses. Except in the case of newspaper notice, such notice
shall include: (1) The time and place of the hearing, (2) a copy of the application for
removal or application for termination of parental rights, (3) a copy of the motion for
temporary custody, (4) any affidavit or verified petition filed with the motion for temporary custody, (5) any other documents filed by the applicant, (6) any other orders or
notices made by the court of probate, and (7) any request for investigation by the Department of Children and Families or any other person or agency. Such notice shall also
inform the respondent of the right to have an attorney represent him or her and, if he or
she is unable to obtain or pay for an attorney, the respondent may request the court of
probate to appoint an attorney to represent him or her. Newspaper notice shall include
such facts as the court may direct.
(d) If, after hearing, the court finds by a fair preponderance of the evidence (1) that
the parent or other guardian has performed acts of omission or commission as set forth
in section 45a-610, and (2) that, because of such acts, the minor child is suffering from
serious physical illness or serious physical injury, or the immediate threat thereof, or is
in immediate physical danger, so as to require that temporary custody be granted, the
court may order the custody of the minor child to be given to one of the following, taking
into consideration the standards set forth in section 45a-617: (A) The Commissioner of
Children and Families; (B) the board of managers of any child-caring institution or
organization; (C) any children's home or similar institution licensed or approved by the
Commissioner of Children and Families; or (D) any other person. The fact that an order
of temporary custody may have been issued ex parte under subsection (b) of this section
shall be of no weight in a hearing held under this subsection. The burden of proof shall
remain upon the applicant to establish the applicant's case. The court may issue the
order without taking into consideration the standards set forth in this section and section
45a-610 if the parent or other guardian consents to the temporary removal of the minor
child, or the court finds that the minor child has no guardian of his or her person. Upon
the issuance of an order giving custody of the minor child to the Commissioner of
Children and Families, or not later than sixty days after the issuance of such order, the
court shall make a determination whether the Department of Children and Families
made reasonable efforts to keep the minor child with his or her parent, parents or guardian
prior to the issuance of such order and, if such efforts were not made, whether such
reasonable efforts were not possible, taking into consideration the minor child's best
interests, including the minor child's health and safety.
(e) Such order for temporary custody shall be effective until disposition of the application for removal of parents or guardians as guardian or for termination of parental
rights or until a guardian is appointed for a minor child who has no guardian, unless
modified or terminated by the court of probate. Any respondent, temporary custodian
or attorney for the minor child may petition the court of probate issuing such order at
any time for modification or revocation thereof, and such court shall set a hearing upon
receipt of such petition in the same manner as subsection (c) of this section. If the court
finds after such hearing that the conditions upon which it based its order for temporary
custody no longer exist, and that the conditions set forth in subsection (b) of this section
do not exist, then the order shall be revoked and the minor child shall be returned to the
custody of the parent or guardian.
(f) A copy of any order issued under this section shall be mailed immediately to
the last known address of the parent or other guardian from whose custody the minor
child has been removed.
(1949 Rev., S. 6851; 1963, P.A. 151; P.A. 74-164, S. 16, 20; P.A. 75-420, S. 4, 6; P.A. 77-21; 77-614, S. 521, 610;
P.A. 79-460, S. 7; P.A. 83-481, S. 1; P.A. 84-294, S. 2; P.A. 86-264, S. 1; P.A. 93-91, S. 1, 2; P.A. 96-246, S. 31; P.A. 99-84, S. 23; P.A. 00-75, S. 5; May 9 Sp. Sess. P.A. 02-7, S. 31.)
History: 1963 act authorized court to enforce order by warrant to proper officer "commanding him to take possession
of the child and to deliver such child into the custody of the person, board, home or institution designated by said order";
P.A. 74-164 specified that provisions apply in cases where application has been made to terminate parental rights and
described custodial institutions simply as those licensed or approved by welfare commissioner deleting reference to their
incorporation by act of general assembly or organization under laws relating to corporations without capital stock, "whose
objects and purposes are charitable"; P.A. 75-420 replaced welfare commissioner with commissioner of social services;
P.A. 77-21 specified applicability of provisions in cases where court has reasonable grounds to believe that a minor child
has no guardian of his person; P.A. 77-614 replaced social services commissioner with commissioner of human resources,
effective January 1, 1979; P.A. 79-460 divided section into Subsecs., added provisions detailing grounds for issuance of
order awarding temporary custody, replaced commissioner of human resources with commissioner of children and youth
services, deleted previous provisions re court orders and added new provisions incorporated as Subsecs. (c) and (d); P.A.
83-481 deleted former Subsec. (c) and added provisions of Subsecs. (b) to (e), inclusive, re applications for temporary
custody and ex parte issuance of order of temporary custody; P.A. 84-294 amended Subsec. (a) by deleting provision re
restrictions on awarding temporary custody to person other than parent or guardian and added "but such order may only
be issued in accordance with the provisions of this section", amended Subdiv. (3) of Subsec. (b) by changing "immediately"
to "promptly" and adding provision permitting postponement to be ordered by the court for the purpose of a further order
of notice, amended Subsec. (c) by adding exception to notice requirement in the case of hearing on immediate temporary
custody under Subsec. (b) of section, and amended Subsec. (e) by adding provision re duration of effectiveness of order
of temporary custody until guardian is appointed for child who has no guardian; P.A. 86-264 amended Subsec. (c) by (1)
changing age of minor from fourteen to twelve years of age, (2) permitting notice by certified mail, return receipt requested,
to parent or father of child born out of wedlock who is petitioner or who waives personal service, (3) requiring notice by
certified mail, return receipt requested, to parents who are nonresidents or absent from the state and (4) permitting notice
by publication if delivery by certified mail cannot be reasonably effected; Sec. 45-44 transferred to Sec. 45a-607 in 1991;
P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children
and youth services, effective July 1, 1993; (Revisor's note: In 1995 the indicators (1), (2), (3) and (4) in Subsec. (d)(2)
were changed editorially by the Revisors to (A), (B), (C) and (D) respectively for consistency with statutory usage); P.A.
96-246 amended Subdiv. (3) of Subsec. (b) by replacing reference to Sec. 17a-101 with Sec. 17a-101g; P.A. 99-84 amended
Subsec. (c) by deleting "oath" and inserting "penalty of false statement"; P.A. 00-75 amended Subsec. (c) by adding
provision requiring notice of hearing to the Commissioner of Children and Families by regular mail; May 9 Sp. Sess. P.A.
02-7 amended Subsec. (b)(3) to add provision requiring the court upon issuance of an order granting temporary custody of
the minor child to the Commissioner of Children and Families, or not later than sixty days thereafter, to make a determination
whether the Department of Children and Families made reasonable efforts to keep the minor child with his or her parent,
parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts
were not possible considering the best interests of the minor child, amended Subsec. (d) to add provision requiring the
court upon issuance of an order giving custody of the minor child to the Commissioner of Children and Families, or not
later than sixty days thereafter, to make a determination whether the Department of Children and Families made reasonable
efforts to keep the minor child with his or her parent, parents or guardian prior to the issuance of such order and, if such
efforts were not made, whether such reasonable efforts were not possible considering the best interests of the minor child,
and made technical changes throughout section, effective August 15, 2002.
See Sec. 45a-242 re replacement of fiduciary.
Annotations to former section 45-44:
Cited. 193 C. 393. Distinguished application of this statute from operation of Sec. 46b-129. 195 C. 344.
Annotation to present section:
Parent-child relationship not an exceptional circumstance allowing constitutional claim to be raised for the first time
on appeal. 47 CA 105.
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Sec. 45a-608. (Formerly Sec. 45-44a). Temporary custody of minor. Rights
and duties. Any person or organization awarded the temporary custody of a minor under
section 45a-607, shall have the following rights and duties regarding the minor: (1) The
obligation of care and control; (2) the authority to make decisions regarding routine
medical treatment or school counseling and emergency medical, psychological, psychiatric or surgical treatment; and (3) other rights and duties which the court of probate
having jurisdiction may approve.
(P.A. 79-460, S. 8; P.A. 93-183.)
History: Sec. 45-44a transferred to Sec. 45a-608 in 1991; P.A. 93-183 amended Subdiv. (2) by adding authority to
make decisions re routine medical treatment or school counseling and emergency psychological treatment.
Annotation to former section 45-44a:
Cited. 193 C. 393.
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Sec. 45a-609. (Formerly Sec. 45-44b). Application for removal of parent as
guardian. Hearing. Notice. Examination. (a) Upon application for removal of a parent
or parents as guardian, the court shall set a time and place for hearing to be held within
thirty days of the application, unless the court requests an investigation in accordance
with the provisions of section 45a-619. In that case, the court shall set a day for hearing
not more than thirty days following receipt of the results of the investigation.
(b) The court shall order notice of the hearing to be given by regular mail to the
Commissioner of Children and Families and by personal service in accordance with
section 52-50 to both parents and to the minor, if over twelve years of age, at least ten
days before the time of the hearing, except that in lieu of personal service on a parent
or the father of a child born out of wedlock who is either a petitioner or who signs under
oath a written waiver of personal service on a form provided by the Probate Court
Administrator, the court may order notice to be given by certified mail, return receipt
requested, deliverable to addressee only, at least ten days prior to the date of the hearing.
If such delivery cannot reasonably be effected, then notice shall be ordered to be given
by publication. If the parents reside out of or are absent from the state, the court shall
order notice to be given by certified mail, return receipt requested, deliverable to addressee only, at least ten days prior to the date of the hearing. If the whereabouts of the
parents are unknown, or if delivery cannot reasonably be effected, the court may order
notice to be given by publication. Any notice by publication under this subsection shall
be in some newspaper which has a circulation at the parents' last-known place of residence. In either case, such notice shall be given at least ten days before the time of the
hearing. If the applicant alleges that the whereabouts of a respondent are unknown, such
allegation shall be made under penalty of false statement and shall also state the last-known address of the respondent and the efforts which have been made by the applicant
to obtain a current address. The applicant shall have the burden of ascertaining the names
and addresses of all parties in interest and of proving to the satisfaction of the court that
he or she used all proper diligence to discover such names and addresses. Except in the
case of newspaper notice, the notice of hearing shall include the following: (1) The notice
of hearing, (2) the application for removal of parent as guardian, (3) any supporting
documents and affidavits filed with such application, (4) any other orders or notice made
by the Court of Probate, and (5) any request for investigation by the Department of
Children and Families or any other person or agency. Such notice shall also inform the
respondent of the right to have an attorney represent him or her in the matter, and if he
or she is unable to obtain or to pay an attorney, the respondent may request the Court
of Probate to appoint an attorney to represent him or her. Newspaper notice shall include
such facts as the court may direct.
(c) If a parent is over eighteen years of age he or she may sign and file a written
waiver of notice with the court.
(d) Upon finding at the hearing or at any time during the pendency of the proceeding
that reasonable cause exists to warrant an examination, the court, on its own motion or
on motion by any party, may order the child to be examined at a suitable place by a
physician, psychiatrist or licensed clinical psychologist appointed by the court. The
court may also order examination of a parent or custodian whose competency or ability
to care for a child before the court is at issue. The expenses of any examination, if ordered
by the court on its own motion, shall be paid for by the applicant, or if ordered on motion
by a party, shall be paid for by the party moving for such an examination. If such applicant
or party is unable to pay the expense of any such examination, it shall be paid from the
Probate Court Administration Fund, or, if the matter has been removed to the Superior
Court, from funds appropriated to the Judicial Department.
(P.A. 79-460, S. 9; P.A. 83-481, S. 2; P.A. 86-264, S. 2; P.A. 93-91, S. 1, 2; P.A. 96-202, S. 6; P.A. 99-84, S. 24; P.A.
00-75, S. 6.)
History: P.A. 83-481 amended Subsec. (b) by adding provisions re personal service in accordance with Sec. 52-50 and
notice of hearing; P.A. 86-264 amended Subsec. (b) by (1) changing age of minor from fourteen to twelve years of age,
(2) permitting notice by certified mail, return receipt requested, to parent or father of child born out of wedlock who is
petitioner or who waives personal service, (3) requiring notice by certified mail, return receipt requested, to parents who
are nonresidents or absent from the state and (4) permitting notice by publication if notice by certified mail cannot be
reasonably effected; Sec. 45-44b transferred to Sec. 45a-609 in 1991; P.A. 93-91 substituted commissioner and department
of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-202 added Subsec. (d) re order of examination of child and parent and payment of such examination; P.A. 99-84 amended
Subsec. (b) by deleting "oath" and inserting "penalty of false statement"; P.A. 00-75 amended Subsec. (b) by adding
provision requiring notice of hearing to the Commissioner of Children and Families by regular mail.
Annotation to former section 45-44b:
Cited. 193 C. 393.
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Sec. 45a-610. (Formerly Sec. 45-44c). Removal of parent as guardian. If the
Court of Probate finds that notice has been given or a waiver has been filed, as provided
in section 45a-609, it may remove a parent as guardian, if the court finds by clear and
convincing evidence one of the following: (1) The parent consents to his or her removal
as guardian; or (2) the minor child has been abandoned by the parent in the sense that
the parent has failed to maintain a reasonable degree of interest, concern or responsibility
for the minor child's welfare; or (3) the minor child has been denied the care, guidance
or control necessary for his or her physical, educational, moral or emotional well-being,
as a result of acts of parental commission or omission, whether the acts are the result
of the physical or mental incapability of the parent or conditions attributable to parental
habits, misconduct or neglect, and the parental acts or deficiencies support the conclusion that the parent cannot exercise, or should not in the best interests of the minor child
be permitted to exercise, parental rights and duties at the time; or (4) the minor child
has had physical injury or injuries inflicted upon the minor child by a person responsible
for such child's health, welfare or care, or by a person given access to such child by
such responsible person, other than by accidental means, or has injuries which are at
variance with the history given of them or is in a condition which is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation, deprivation of
necessities, emotional maltreatment or cruel punishment; or (5) the minor child has been
found to be neglected or uncared for, as defined in section 46b-120. If, after removal
of a parent as guardian under this section, the minor child has no guardian of his or her
person, such a guardian may be appointed under the provisions of section 45a-616.
Upon the issuance of an order appointing the Commissioner of Children and Families
as guardian of the minor child, or not later than sixty days after the issuance of such
order, the court shall make a determination whether the Department of Children and
Families made reasonable efforts to keep the minor child with his or her parents prior
to the issuance of such order and, if such efforts were not made, whether such reasonable
efforts were not possible, taking into consideration the minor child's best interests,
including the minor child's health and safety.
(P.A. 79-460, S. 10; P.A. 83-481, S. 3; P.A. 84-294, S. 3; P.A. 00-75, S. 3; P.A. 01-195, S. 28, 181; May 9 Sp. Sess.
P.A. 02-7, S. 32.)
History: P.A. 83-481 added phrase "by clear and convincing evidence" and deleted provisions of Subdiv. (4) substituting
provisions re evidence of physical injury or injuries or a condition which is the result of maltreatment; P.A. 84-294 added
provision re appointment of guardian under provisions of Sec. 45-45 if child has no guardian of his person after removal
of a parent as guardian under this section; Sec. 45-44c transferred to Sec. 45a-610 in 1991; P.A. 00-75 made a technical
change in Subdiv. (4) and added Subdiv. (5) re grounds for removal if the court finds that minor child has been neglected
or uncared for (Revisor's note: Notwithstanding the deletion of the word "or" before Subdiv. (4) in the public act, it was
retained by the Revisors for consistency); P.A. 01-195 made technical changes, effective July 11, 2001; May 9 Sp. Sess.
P.A. 02-7 added provision requiring the court upon issuance of an order appointing the Commissioner of Children and
Families as guardian of the minor child, or not later than sixty days thereafter, to make a determination whether the
Department of Children and Families made reasonable efforts to keep the minor child with his or her parents prior to the
issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible considering
the best interests of the minor child and made technical changes, effective August 15, 2002.
Annotations to former section 45-44c:
Cited. 193 C. 393. Distinguished application of this statute from operation of Sec. 46b-129. 195 C. 344.
Annotations to present section:
Cited. 237 C. 233.
Cited. 34 CA 129; judgment reversed, see 234 C. 51. Trial court record supports clear and convincing evidence standard.
Parent-child relationship not an exceptional circumstance allowing constitutional claim to be raised for the first time on
appeal. 47 CA 105. Evidence of arrests not resulting in convictions admissible where parent alleged to have denied care
as a result of habits or misconduct. 50 CA 818.
Cited. 44 CS 169.
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Sec. 45a-611. (Formerly Sec. 45-44d). Reinstatement of parent as guardian of
the person of minor. (a) Any parent who has been removed as the guardian of the
person of a minor may apply to the court of probate which removed him or her for
reinstatement as the guardian of the person of the minor, if in his or her opinion the
factors which resulted in removal have been resolved satisfactorily.
(b) In the case of a parent who seeks reinstatement, the court shall hold a hearing
following notice to the guardian, to the parent or parents and to the minor, if over twelve
years of age, as provided in section 45a-609. If the court determines that the factors
which resulted in the removal of the parent have been resolved satisfactorily, the court
may remove the guardian and reinstate the parent as guardian of the person of the minor,
if it determines that it is in the best interests of the minor to do so. At the request of a
parent, guardian, counsel or guardian ad litem representing one of the parties, filed
within thirty days of the decree, the court shall make findings of fact to support its
conclusions.
(c) The provisions of this section shall also apply to the reinstatement of any guardian of the person of a minor other than a parent.
(P.A. 79-460, S. 15; P.A. 92-118, S. 5.)
History: Sec. 45-44d transferred to Sec. 45a-611 in 1991; P.A. 92-118 amended Subsec. (b) to require notification of
minors over the age of twelve where previously the applicable age was fourteen.
Annotation to former section 45-44d:
Cited. 193 C. 393.
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Sec. 45a-612. (Formerly Sec. 45-44e). Visitation rights of any person removed
as guardian. The Court of Probate may grant the right of visitation to any person who
has been removed as guardian of any minor child or children, any relative of the minor
child or children or any parent who has been denied temporary custody of any minor
child or children pending the hearing on a removal or termination of parental rights
application pursuant to the provisions of sections 45a-132, 45a-593 to 45a-597, inclusive, 45a-603 to 45a-622, inclusive, and 45a-629 to 45a-638, inclusive. Such order shall
be according to the best judgment of the court upon the facts of the case and subject to
such conditions and limitations as it deems equitable. In making, modifying or terminating such an order, the court shall be guided by the best interest of the child, giving
consideration to the wishes of such child if he is of sufficient age and capable of forming
an intelligent opinion. The grant of such visitation rights shall not prevent any court of
competent jurisdiction from thereafter acting upon the custody of such child, the parental
rights with respect to such child or the adoption of such child, and any such court may
include in its decree an order terminating such visitation rights.
(P.A. 82-237; P.A. 93-62.)
History: Sec. 45-44e transferred to Sec. 45a-612 in 1991; P.A. 93-62 amended section to provide that any person
removed as guardian, any relative or any parent denied temporary custody may be granted visitation rights.
Annotation to former section 45-44e:
Cited. 193 C. 393. Cited. 217 C. 459.
Annotations to present section:
Cited. 217 C. 459. Cited. 237 C. 233.
Cited. 44 CS 169.
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Sec. 45a-613. (Formerly Sec. 45-45a). Removal of guardian or coguardian of
the person of a minor. (a) Any guardian or coguardians of the person of a minor appointed under section 45a-616 or appointed by a court of comparable jurisdiction in
another state, may be removed by the court of probate which made the appointment,
and another guardian or coguardian appointed, in the same manner as that provided in
sections 45a-603 to 45a-622, inclusive, for removal of a parent as guardian.
(b) Any removal of a guardian under subsection (a) of this section shall be preceded
by notice to the guardian or coguardians, the parent or parents and the minor if over
twelve years of age, as provided by section 45a-609.
(c) If a new guardian is appointed, the court shall send a copy of that order to the
parent or parents of the minor.
(P.A. 79-460, S. 11; P.A. 86-200, S. 2; 86-264, S. 6.)
History: P.A. 86-200 included references to coguardians; P.A. 86-264 changed the age of minor from fourteen to twelve
years of age; Sec. 45-45a transferred to Sec. 45a-613 in 1991.
Annotation to former section 45-45a:
Cited. 193 C. 393.
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Sec. 45a-614. (Formerly Sec. 45-43a). Removal of parent as guardian of minor.
The following persons may apply to the court of probate for the district in which the
minor resides for the removal as guardian of one or both parents of the minor: (1) Any
adult relative of the minor, including those by blood or marriage; (2) the court on its
own motion; or (3) counsel for the minor.
(P.A. 79-460, S. 5.)
History: Sec. 45-43a transferred to Sec. 45a-614 in 1991.
Annotations to former section 45-43a:
Cited. 193 C. 393. Distinguished application of this statute from operation of Sec. 46b-129. 195 C. 344.
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Sec. 45a-615. (Formerly Sec. 45-43b). False or malicious application for removal of guardian. Penalty. Any person who wilfully files a false or malicious application for removal of a parent or other guardian as guardian of the person of a minor, who
wilfully conspires with another person to file or cause to be filed such an application
or who wilfully testifies either in court or by report to the court falsely in any proceeding
for removal of a parent or other guardian as guardian of the person of a minor, shall be
fined not more than one thousand dollars or imprisoned not more than one year, or both.
(P.A. 79-460, S. 6.)
History: Sec. 45-43b transferred to Sec. 45a-615 in 1991.
Annotation to former section 45-43b:
Cited. 193 C. 393.
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Sec. 45a-616. (Formerly Sec. 45-45). Appointment of guardian or coguardians
for minor; rights same as of sole surviving parent. (a) If any minor has no parent or
guardian of his or her person, the court of probate for the district in which the minor
resides may, on its own motion, appoint a guardian or coguardians of the person of the
minor, taking into consideration the standards provided in section 45a-617. Such court
shall take of such guardian or coguardians a written acceptance of guardianship and, if
the court deems it necessary for the protection of the minor, a probate bond.
(b) If any minor has a parent or guardian, who is the sole guardian of the person of
the child, the court of probate for the district in which the minor resides may, on the
application of the parent or guardian of such child or of the Commissioner of Children
and Families with the consent of such parent or guardian and with regard to a child
within the care of the commissioner, appoint one or more persons to serve as coguardians
of the child. When appointing a guardian or guardians under this subsection, the court
shall take into consideration the standards provided in section 45a-617. The court may
order that the appointment of a guardian or guardians under this subsection take effect
immediately or, upon request of the parent or guardian, upon the occurrence of a specified contingency, including, but not limited to, the mental incapacity, physical debilitation or death of that parent or guardian. Upon the occurrence of such contingency and
notice thereof by written affidavit to the probate court by the appointed guardian or
guardians, such appointment shall then take effect and continue until the further order
of the court, provided the court may hold a hearing to verify the occurrence of such
contingency. The court shall take of such guardian or coguardians a written acceptance
of guardianship, and if the court deems it necessary for the protection of the minor, a
probate bond.
(c) Upon receipt by the court of an application pursuant to this section, the court
shall set a time and place for a hearing to be held within thirty days of the application,
unless the court requests an investigation in accordance with the provisions of section
45a-619, in which case the court shall set a day for hearing not more than thirty days
following receipt of the results of the investigation. The court shall order notice of the
hearing to be given to the minor, if over twelve years of age, by certified mail, return
receipt requested, deliverable to the addressee only, at least ten days prior to the date
of the hearing. In addition, notice by regular mail shall be given to the petitioner and
all other parties in interest known by the court.
(d) The rights and obligations of the guardian or coguardians shall be those described in subdivisions (5) and (6) of section 45a-604 and shall be shared with the parent
or previously appointed guardian of the person of the minor. The rights and obligations
of guardianship may be exercised independently by those who have such rights and
obligations. In the event of a dispute between guardians or between a coguardian and
a parent, the matter may be submitted to the court of probate which appointed the guardian or coguardian.
(e) Upon the death of the parent or guardian, any appointed guardians of the person
of a minor child shall become the sole guardians or coguardians of the person of that
minor child.
(1949 Rev., S. 6852; 1971, P.A. 223, S. 1; P.A. 74-251, S. 13; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 587, 610; P.A.
78-303, S. 85, 136; P.A. 79-460, S. 13; P.A. 80-227, S. 2, 24; P.A. 86-200, S. 1; 86-264, S. 5; P.A. 96-238, S. 17, 25.)
History: 1971 act excepted welfare commissioner from bond requirement; P.A. 74-251 applied exception re bond
requirement to commissioner of children and youth services after April 1, 1975; P.A. 75-420 replaced welfare commissioner
with commissioner of social services; P.A. 77-614 and P.A. 78-303 would have replaced social services commissioner
with commissioner of human resources but for limiting date reference; P.A. 79-460 incorporated previous provisions as
Subsecs. (a) and (c), applied provisions to minors rather than to children under fourteen, required consideration of standards
in Sec. 45-45b in appointing guardian, deleted previous provision requiring that guardian post bond and inserted Subsec.
(b); P.A. 80-227 required guardian's written acceptance of guardianship and authorized court to require a probate bond,
effective July 1, 1981; P.A. 86-200 included references to coguardians; P.A. 86-264 changed age of minor from fourteen
to twelve years of age; Sec. 45-45 transferred to Sec. 45a-616 in 1991; P.A. 96-238 deleted provision requiring court to
take into consideration the minor's wishes, if he or she is over the age of twelve, deleted provision requiring the guardian
or coguardian to have the same right to custody and control which the sole surviving parent of a minor has and substituted
a procedure for the court of probate to appoint one or more persons to serve as coguardians of the child, effective July 1, 1996.
Annotations to former section 45-45:
Guardian of the person is entitled to custody of his ward. 158 C. 217. Cited. 193 C. 393. Distinguished application of
this statute from operation of Sec. 46b-129. 195 C. 344.
Probate court has primary jurisdiction and superior court cannot appoint guardians of minors. 13 CS 364. Only when
both parents or the sole living parent is removed as guardian may the court appoint a third person as guardian of a minor
child. 15 CS 103. See note to Sec. 45-43.
Annotations to present section:
Cited. 237 C. 233.
Cited. 24 CA 402.
Statute does not vest exclusive jurisdiction over plaintiff's petition for visitation brought under Sec. 46b-59 in either
Probate Court or Superior Court. 46 CS 165.
Subsec. (a):
Cited. 44 CS 169.
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Sec. 45a-617. (Formerly Sec. 45-45b). Appointment of guardian or coguardians of the person of a minor. When appointing a guardian or coguardians of the person
of a minor, the court shall take into consideration the following factors: (1) The ability
of the prospective guardian or coguardians to meet, on a continuing day to day basis,
the physical, emotional, moral and educational needs of the minor; (2) the minor's
wishes, if he or she is over the age of twelve or is of sufficient maturity and capable of
forming an intelligent preference; (3) the existence or nonexistence of an established
relationship between the minor and the prospective guardian or coguardians; and (4)
the best interests of the child.
(P.A. 79-460, S. 12; P.A. 96-238, S. 18, 25.)
History: Sec. 45-45b transferred to Sec. 45a-617 in 1991; P.A. 96-238 added references to coguardians, allowed the
court to take into consideration a minor's wishes, if he or she is over the age of twelve and required consideration of the
best interests of the child, effective July 1, 1996.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
Annotation to former section 45-45b:
Cited. 193 C. 393.
Annotations to present section:
Cited. 237 C. 233.
Cited. 44 CS 169.
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Sec. 45a-618. (Formerly Sec. 45-45c). Enforcement of decree and award of
custody by warrant. In any proceeding under sections 45a-603 to 45a-622, inclusive,
or if an application has been made for termination of parental rights or if parental rights
are terminated, the court of probate having jurisdiction may enforce its decree and award
the custody of the minor to the person or organization entitled to custody, by a warrant
directed to a proper officer commanding him to take possession of the minor and to
deliver the minor into the care and custody of the person or organization entitled to
custody. The officer shall make return to the court of his actions under the warrant.
(P.A. 79-460, S. 14.)
History: Sec. 45-45c transferred to Sec. 45a-618 in 1991.
Annotation to former section 45-45c:
Cited. 193 C. 393.
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Sec. 45a-619. (Formerly Sec. 45-45d). Investigation by Commissioner of Children and Families. In any proceeding under sections 45a-603 to 45a-624, inclusive,
in which the applicant has alleged that the minor has been abused or neglected, as those
terms are defined in section 46b-120, or in which the probate judge has reason to believe
that the minor may have been abused or neglected, the Court of Probate shall request
the Commissioner of Children and Families or any organization, agency or individual
licensed or approved by the commissioner, to make an investigation and written report
to it, within ninety days from the receipt of such request, unless the request concerns
an application for immediate temporary custody or temporary custody, in which case
the commissioner shall render the report by such date as is reasonably ordered by the
court. The report shall indicate the physical, mental and emotional status of the minor
and shall contain such facts as may be relevant to the court's determination of whether
the proposed court action will be in the best interests of the minor, including the physical,
social, mental, and financial condition of the parties, and such other factors which the
commissioner or agency finds relevant to the court's determination of whether the proposed action will be in the best interests of the minor. In any other proceeding under
sections 45a-603 to 45a-624, inclusive, the court shall request an investigation and report
unless this requirement is waived for cause shown. The report shall be admissible in
evidence, subject to the right of any interested party to require that the person making
it appear as a witness, if available, and subject to examination.
(P.A. 79-460, S. 16; P.A. 93-91, S. 1, 2; P.A. 00-75, S. 7.)
History: Sec. 45-45d transferred to Sec. 45a-619 in 1991; P.A. 93-91 substituted commissioner and department of
children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 00-75
replaced former provisions with new provisions re investigation and report in cases of abuse or neglect.
Annotation to former section 45-45d:
Cited. 193 C. 393.
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Sec. 45a-620. (Formerly Sec. 45-45e). Appointment of counsel. Appointment
of guardian ad litem to speak on behalf of best interests of minor. The Court of
Probate may appoint counsel to represent or appear on behalf of any minor in proceedings
brought under sections 45a-603 to 45a-622, inclusive, and sections 45a-715 to 45a-717,
inclusive. In any proceeding in which abuse or neglect, as defined in section 46b-120,
is alleged by the applicant, or reasonably suspected by the court, a minor shall be represented by counsel appointed by the court to represent the minor. In all cases in which
the court deems appropriate, the court shall also appoint a person, other than the person
appointed to represent the minor, as guardian ad litem for such minor to speak on behalf
of the best interests of the minor, which guardian ad litem is not required to be an
attorney-at-law but shall be knowledgeable about the needs and protection of children.
The Court of Probate shall appoint counsel to represent any respondent who notifies
the court that he or she is unable to obtain counsel, or is unable to pay for counsel. The
cost of such counsel shall be paid by the person whom he or she represents, except that
if such person is unable to pay for such counsel and files an affidavit with the court
demonstrating his or her inability to pay, the reasonable compensation of appointed
counsel shall be established by, and paid from funds appropriated to, the Judicial Department, however, if funds have not been included in the budget of the Judicial Department
for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund. In the case of a minor,
such affidavit may be filed by a suitable person having knowledge of the financial status
of such minor.
(P.A. 79-460, S. 17; P.A. 83-481, S. 4; P.A. 84-294, S. 4; P.A. 90-31, S. 3, 9; P.A. 96-170, S. 16, 23; P.A. 97-90, S. 5,
6; P.A. 00-75, S. 4.)
History: P.A. 83-481 added provisions re appointment of counsel by probate court to represent any respondent unable
to obtain or pay for counsel; P.A. 84-294 added provision that in case of minor, affidavit re inability to pay may be filed
by suitable person having knowledge of financial status of minor; P.A. 90-31 changed compensation of counsel from funds
appropriated to the judicial department to the probate administration fund in an amount established by the probate court
administrator; Sec. 45-45e transferred to Sec. 45a-620 in 1991; P.A. 96-170 changed funding of compensation of counsel
from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget
of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of public act 96-170
but without affecting this section; P.A. 00-75 added provisions requiring appointment of counsel to represent minor in
proceedings re abuse or neglect and authorizing appointment of guardian ad litem to speak on behalf of the best interests
of the minor.
Annotation to former section 45-45e:
Cited. 193 C. 393.
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Sec. 45a-621. (Formerly Sec. 45-45f). Appointment of guardian ad litem. The
Court of Probate shall appoint a guardian ad litem to make any application under sections
45a-603 to 45a-622, inclusive, to represent or appear on behalf of any parent who is
less than eighteen years of age or incompetent.
(P.A. 79-460, S. 18.)
History: Sec. 45-45f transferred to Sec. 45a-621 in 1991.
Annotation to former section 45-45f:
Cited. 193 C. 393.
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Sec. 45a-622. (Formerly Sec. 45-45g). Appointment of temporary guardian.
Application. Rights and obligations. (a) Any parent or guardian of the person of a
minor may apply to the court of probate for the district in which the minor lives for the
appointment of a temporary guardian of the person to serve for no longer than one
year if the appointing parent or guardian is unable to care for the minor for any reason
including, but not limited to, illness and absence from the jurisdiction. The temporary
guardian will cease to serve when the appointing parent or guardian notifies the probate
court and the temporary guardian to that effect.
(b) The rights and obligations of the temporary guardian shall be those described
in subdivisions (5) and (6) of section 45a-604. A temporary guardian is not liable as a
guardian pursuant to section 52-572.
(P.A. 79-460, S. 19; P.A. 80-483, S. 147, 186; P.A. 96-202, S. 7.)
History: P.A. 80-483 revised section reference in Subsec. (b); Sec. 45-45g transferred to Sec. 45a-622 in 1991; P.A.
96-202 amended Subsec. (b) by specifying that temporary guardian not liable as guardian pursuant to Sec. 52-572.
Annotation to former section 45-45g:
Cited. 193 C. 393.
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Sec. 45a-623. Transfer of proceeding to Superior Court or another judge of
probate. In any proceeding under sections 45a-603 to 45a-622, inclusive, that is contested, the Court of Probate shall, upon motion of any party other than a party who made
application for the removal of a parent as a guardian, under rules adopted by the judges
of the Supreme Court, transfer the case to the Superior Court. In addition to the provisions
of this section, the Court of Probate may, on the court's own motion or that of any
interested party, transfer any proceeding under sections 45a-603 to 45a-622, inclusive,
to another judge of probate, which judge shall be appointed by the Probate Court Administrator from a panel of qualified probate judges who specialize in children's matters.
Such panel shall be proposed by the Probate Court Administrator and approved by the
executive committee of the Connecticut Probate Assembly. If the case is transferred
and venue altered, the clerk of the Court of Probate shall transmit to the clerk of the
Superior Court, or the probate court to which the case was transferred, the original files
and papers in the case.
(P.A. 93-344; P.A. 95-316, S. 7; P.A. 00-75, S. 8; P.A. 04-142, S. 2.)
History: P.A. 95-316 changed reference to rules of Superior Court to rules of Supreme Court; P.A. 00-75 added provisions re transfer of case to another judge of probate appointed by Probate Court Administrator from panel of qualified
probate judges specializing in children's matters; P.A. 04-142 replaced provision re transfer of case to another judge of
probate with provision re transfer of any proceeding under Secs. 45a-603 to 45a-622, inclusive, to another judge of probate,
deleted provision re location of hearing in original court of probate and made technical changes.
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Sec. 45a-624. Designation of standby guardian of minor. A parent or guardian,
as principal, may designate a standby guardian of a minor in accordance with the provisions of sections 45a-624 to 45a-624g, inclusive. Such designation, in a form as provided
in section 45a-624b, shall take effect upon the occurrence of a specified contingency,
including, but not limited to, the mental incapacity, physical debilitation or death of the
principal, provided a written statement signed under penalty of false statement has been
executed pursuant to section 45a-624c that such contingency has occurred. A designation of a standby guardian shall be in writing and signed and dated by the principal with
at least two witnesses. The principal shall provide a copy of such designation to the
standby guardian.
(P.A. 94-207, S. 1; P.A. 99-84, S. 25.)
History: P.A. 99-84 deleted "affidavit" and inserted "statement signed under penalty of false statement".
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Sec. 45a-624a. Consent of parents required for designation of standby guardian. If both parents are alive, both parents of the minor shall consent to the designation
of a standby guardian, unless either parent has been removed as guardian or had his
parental rights terminated. In any such event, the remaining parent may designate a
standby guardian pursuant to sections 45a-624 to 45a-624g, inclusive.
(P.A. 94-207, S. 2.)
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Sec. 45a-624b. Form for designation of standby guardian. The designation of
a standby guardian shall be in substantially the following form:
I .... (insert name of principal) do hereby appoint .... (insert name and address of the
standby guardian) as the standby guardian of .... (insert names of minor children) to take
effect upon the occurrence of the following contingency or contingencies .... (insert
specific contingency or contingencies).
This designation is made after careful reflection, while I am of sound mind.
| Date ...., 20.. | .... L.S |
| ..... | .... |
| (Witness) | (Witness) |
| ..... | .... |
| (Number and Street) | (Number and Street) |
| ..... | .... |
| (City, State and Zip Code) | (City, State and Zip Code) |
(P.A. 94-207, S. 8.)