CHAPTER 801
PROBATE COURT: ADMINISTRATIVE PROVISIONS

Table of Contents

Sec. 45a-8a. Regional children's probate courts.
Sec. 45a-8c. Truancy clinic. Administration. Policies and procedures. Report.
Sec. 45a-9a. Access to data processing system or information stored in data processing system. Fee schedule.

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, and sections 45a-736 and 45a-737; (4) claims for paternity under section 46b-172a; (5) emancipation of minor matters under sections 46b-150 to 46b-150e, inclusive; and (6) voluntary admission matters under section 17a-11.

      (b) The Probate Court Administrator may establish seven 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.

      (c) 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 (f) 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 (f) 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.

      (d) (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.

      (e) 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 (f) of this section.

      (f) (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 for a judge of probate under subdivision (4) of subsection (a) of section 45a-95a. 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 (c) 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.

      (g) 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.

      (h) Any probate court within a region designated under subsection (b) 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.

      (i) Each regional children's probate court shall be considered a probate court for the purposes of this chapter.

      (j) The Probate Court Administrator shall establish policies and procedures to implement the provisions of this section.

      (P.A. 04-159, S. 1; P.A. 05-225, S. 1; P.A. 10-41, S. 1; P.A. 11-128, 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; P.A. 10-41 amended Subsec. (g)(1) to substitute compensation for judge of probate under Sec. 45a-95a(a)(4) for compensation under Sec. 45a-92(k), effective January 5, 2011; P.A. 11-128 deleted former Subsec. (b) re regional children's probate court established within available resources in a region consisting of specified probate districts, redesignated existing Subsecs. (c) to (k) as Subsecs. (b) to (j), amended Subsec. (b) to substitute "seven" for "six additional" re regional children's probate courts, amended Subsec. (j) to delete provision re report, and made technical changes, effective July 1, 2011.

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      Sec. 45a-8c. Truancy clinic. Administration. Policies and procedures. Report. (a) The Probate Court Administrator may, within available appropriations, establish a pilot truancy clinic within the regional children's probate court for the district of Waterbury. The administrative judge of the regional children's probate court for the district of Waterbury shall administer the truancy clinic.

      (b) The principal of any elementary or middle school in the Waterbury school district, or the principal's designee, may refer to the truancy clinic a parent or guardian with a child enrolled in such school who is a truant, as defined in section 10-198a, or at risk of becoming a truant. Upon receiving such referral, the truancy clinic shall prepare a citation and summons for the parent or guardian of the child to appear at the clinic. An attendance officer authorized pursuant to section 10-199, or an officer authorized pursuant to section 10-200, shall deliver the citation, summons and a copy of the referral to the parent or guardian.

      (c) The administrative judge of the regional children's probate court for the district of Waterbury may refer any matter referred to the truancy clinic to a probate magistrate or attorney probate referee assigned by the Probate Court Administrator pursuant to section 45a-123a to hear the matter.

      (d) The truancy clinic shall operate for the purpose of identifying and resolving the cause of a child's truancy using nonpunitive procedures. After the initial appearance made pursuant to the summons described in subsection (b) of this section, the participation of a parent or guardian in the truancy clinic shall be voluntary. The truancy clinic shall establish protocols for clinic participation and shall establish programs and relationships with schools, individuals, public and private agencies, and other organizations to provide services and support for parents, guardians and children participating in the clinic.

      (e) The Probate Court Administrator shall establish policies and procedures to implement the truancy clinic and measure the clinic's effectiveness.

      (f) Not later than September 1, 2012, and annually thereafter, the administrative judge of the regional children's probate court for the district of Waterbury shall file a report with the Probate Court Administrator assessing the truancy clinic's effectiveness.

      (g) Not later than January 1, 2015, the Probate Court Administrator shall submit, in accordance with section 11-4a, a report assessing the effectiveness of the truancy clinic to the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and education.

      (P.A. 11-177, S. 1.)

      History: P.A. 11-177 effective July 13, 2011.

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      Sec. 45a-9a. Access to data processing system or information stored in data processing system. Fee schedule. Any person seeking on-line access to any data processing system operated by the Office of the Probate Court Administrator, or seeking, in any other medium, information stored in such data processing system, may be required to pay to the Office of the Probate Court Administrator an amount, as established in a fee schedule determined by the Probate Court Administrator, for deposit in the Probate Court Administration Fund established in section 45a-82. Such fee schedule may include reasonable charges for personal services, fringe benefits, supplies and any other expenses related to maintaining, improving and providing such data processing services including, but not limited to, program modifications, training expenses, central processor user time and the rental and maintenance of equipment.

      (P.A. 11-128, S. 10.)

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