Substitute House Bill No. 5730
          Substitute House Bill No. 5730

               PUBLIC ACT NO. 98-52


AN ACT CONCERNING PROBATE MATTERS.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. Subsection  (g)  of section 19a-265
of  the  general  statutes  is  repealed  and  the
following is substituted in lieu thereof:
    (g) A petition  by  a director of health for a
commitment order pursuant  to  subdivision  (5) of
subsection (c) of  this  section shall be heard by
the probate court  for  the  district in which the
subject  of such  petition  resides  within  three
business days of  receipt of such petition [. The]
OR, IF A  MOTION  IS  MADE  FOR  APPOINTMENT  OF A
THREE-JUDGE COURT, WITHIN  THREE  BUSINESS DAYS OF
THE FILING OF  SUCH MOTION. UPON THE MOTION OF THE
RESPONDENT  OR  OF   THE   JUDGE  OF  PROBATE  FOR
APPOINTMENT OF A  THREE-JUDGE  COURT,  THE Probate
Court Administrator shall  appoint  a  three-judge
court from among  the several judges of probate to
conduct the hearing.  Such three-judge court shall
consist  of  at   least   one   judge  who  is  an
attorney-at-law  admitted  to   practice  in  this
state. The judge  of  probate  having jurisdiction
under the provisions  of  this  section shall be a
member,  provided  such   judge   may   disqualify
himself, in which  case  all three members of such
court shall be  appointed  by  the  Probate  Court
Administrator.   Such   three-judge   court   when
convened shall be subject to all of the provisions
of law as  if  it  were  a single-judge court. The
involuntary confinement of  a  person  under  this
section  BY  A  THREE-JUDGE  COURT  shall  not  be
ordered by the  court without the vote of at least
two of the  three  judges  convened hereunder. The
judges of such court shall designate a chief judge
from among their members. All records for any case
before the three-judge  court  shall be maintained
by the court  of  probate having jurisdiction over
the matter as  if  the  three-judge  court had not
been  appointed.  The   court   shall  cause  such
advanced notice as  it directs thereof to be given
to the person  who is the subject of the order and
such other persons  as  it may direct. The hearing
shall be held  to determine: (1) If the person has
active  tuberculosis;  (2)   if   the   person  is
unwilling or unable  to  adhere  to an appropriate
prescribed course of  treatment  for tuberculosis;
(3) if efforts  have  been  made  to  educate  and
counsel the person  about the need to complete the
course of treatment; (4) if reasonably appropriate
enablers and incentives  have been provided to the
person to facilitate  the  completion of treatment
by  that  person;   (5)   if   the  person  has  a
demonstrated pattern of persistent nonadherence to
treatment for tuberculosis;  (6) if commitment for
the  purposes  of  completion  of  the  prescribed
course of treatment  for  active  tuberculosis  is
necessary   to   prevent    the   development   of
drug-resistant  tuberculosis  organisms;  and  (7)
whether the order  is  necessary  and is the least
restrictive available to protect the public health
in that other  less  restrictive  alternatives  to
encourage   that   person's   adherence   to   the
prescribed course of  treatment  for  tuberculosis
have failed. The Probate Court may issue a warrant
for  the apprehension  of  a  person  who  is  the
subject of an  order  for commitment, and a police
officer  for the  town  in  which  such  court  is
located, or if  there  is  no  such police officer
then the state police or such other officer as the
court may determine,  shall  deliver the person to
the place for  confinement  as  determined  by the
health director and as specified in subsection (d)
of this section.
    Sec.  2.  Section   46b-172a  of  the  general
statutes, as amended  by  section 24 of public act
97-7 of the  June  18 special session, is repealed
and the following is substituted in lieu thereof:
    (a) Any person  claiming to be the father of a
child born out  of  wedlock may at any time but no
later than sixty  days  after  the  date of notice
under section 45a-716,  file a claim for paternity
with the court  of  probate  for  the  district in
which either the  mother  or the child resides, on
forms provided by  such  court.  The  claim  shall
contain the claimant's  name and address, the name
and last-known address of the mother and the month
and year of  the  birth  or  expected birth of the
child. Within five  days  after  the  filing  of a
claim for paternity,  the  judge  of  the court of
probate shall cause a certified copy of such claim
to be mailed  by  certified  mail to (1) the vital
records section of the Department of Public Health
and (2) to  the  mother  or  prospective mother of
such child at  the last-known address shown on the
claim for paternity. The claim for paternity shall
be admissible in  any  action  for paternity under
section 46b-160, and shall estop the claimant from
denying his paternity  of  such  child  and  shall
contain language that  he  acknowledges  liability
for contribution to  the  support and education of
the child after  its birth and for contribution to
the  pregnancy-related  medical  expenses  of  the
mother.
    (b) If a  claim  for paternity is filed by the
father of any minor child born out of wedlock, the
court of probate  shall schedule a hearing on such
claim, send notice  of  the hearing to all parties
involved and proceed accordingly.
    (c) The child  shall  be  made  a party to the
action.  Said child  shall  be  represented  by  a
guardian  ad litem  appointed  by  the  court  AND
COMPENSATED in accordance  with  section  45a-708.
[Payment shall be  made  in  accordance  with such
section  from  the  Probate  Court  Administration
Fund.]
    (d)  In the  event  that  the  mother  or  the
claimant  father  is  a  minor,  the  court  shall
appoint a guardian  ad  litem  to represent him or
her in accordance  with  the provisions of section
45a-708. [Payment shall be made in accordance with
said section from the Probate Court Administration
Fund.] THE GUARDIAN  AD LITEM SHALL BE COMPENSATED
IN ACCORDANCE WITH SECTION 45a-708.
    (e) Upon the  motion  of  the putative father,
the mother, or his or her counsel, or the judge of
probate having jurisdiction over such application,
filed not later  than  three  days  prior  to  any
hearing scheduled on such claim, the Probate Court
Administrator shall appoint  a  three-judge  court
from among the  several  judges of probate to hear
such claim. Such  three-judge  court shall consist
of at least  one  judge  who is an attorney-at-law
admitted to practice  in  this state. The judge of
the court of probate having jurisdiction over such
application under the  provisions  of this section
shall  be  a   member,  provided  such  judge  may
disqualify himself in which case all three members
of such court  shall  be  appointed by the Probate
Court Administrator. Such  three-judge  court when
convened shall have  all the powers and duties set
forth under sections  17a-75 to 17a-83, inclusive,
17a-450 to 17a-484, inclusive, 17a-495 to 17a-528,
inclusive, 17a-540 to  17a-550, inclusive, 17a-560
to 17a-576, inclusive,  and  17a-615  to  17a-618,
inclusive, and shall  be  subject  to  all  of the
provisions of law  as  if  it  were a single-judge
court. The judges  of such court shall designate a
chief judge from  among their members. All records
for any case before the three-judge court shall be
maintained  in  the   court   of   probate  having
jurisdiction over the matter as if the three-judge
court had not been appointed.
    (f) By filing  a claim under this section, the
putative father submits to the jurisdiction of the
court of probate.
    (g) Once alleged parental rights of the father
have  been  adjudicated   in   his   favor   under
subsection (b) of this section, or acknowledged as
provided for under section 46b-172, his rights and
responsibilities shall be  equivalent  to those of
the mother, including  those  rights defined under
section  45a-606. Thereafter,  disputes  involving
custody,   visitation   or    support   shall   be
transferred to the  Superior  Court  under chapter
815j, except that  the  probate  court may enter a
temporary order for custody, visitation or support
until an order is entered by the Superior Court.
    (h) Failing perfection  of  parental rights as
prescribed by this section, any person claiming to
be the father  of  a child born out of wedlock (1)
who has not  been  adjudicated  the father of such
child by a court of competent jurisdiction, or (2)
who has not acknowledged in writing that he is the
father  of  such   child,   or  (3)  who  has  not
contributed regularly to the support of such child
or (4) whose  name  does  not  appear on the birth
certificate shall cease  to  be  a  legal party in
interest in any  proceeding concerning the custody
or welfare of the child, including but not limited
to guardianship and  adoption, unless he has shown
a  reasonable  degree   of  interest,  concern  or
responsibility for the child's welfare.
    (i)  Notwithstanding the  provisions  of  this
section, after the  death of the father of a child
born out of  wedlock,  a party deemed by the court
to have a sufficient interest may file a claim for
paternity  on  behalf  of  such  father  with  the
probate court for the district in which either the
putative father resided  or  the  party filing the
claim resides. If  a  claim for paternity is filed
pursuant to this  subsection, the court of probate
shall  schedule a  hearing  on  such  claim,  send
notice of the  hearing to all parties involved and
proceed accordingly.
    Sec.  3.  Section   45a-724   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) The following  persons may give a child in
adoption:
    (1) A statutory  parent  appointed  under  the
provisions of section  17a-112, section 45a-717 or
section 45a-718 may, by written agreement, subject
to  the  approval  of  the  Court  of  Probate  as
provided in section  45a-727,  give in adoption to
any adult person any minor child of whom he is the
statutory  parent;  provided,  if  the  child  has
attained  the  age  of  twelve,  the  child  shall
consent to the agreement.
    (2) Subject to  the  approval  of the Court of
Probate as provided in section 45a-727, any parent
of a minor  child may agree in writing with his or
her spouse that  the spouse shall adopt or join in
the adoption of  the  child; if that parent is (A)
the surviving parent if the other parent has died;
(B) the mother  of  a  child  born out of wedlock,
provided that if  there  is  a putative father who
has been notified  under the provisions of section
45a-716, the rights  of  the  putative father have
been terminated; (C)  a  former  single person who
adopted a child and thereafter married; or (D) the
sole guardian of  the  person of the child, if the
other   parent's   parental   rights   have   been
terminated. [or the  other parent has been removed
as guardian of the person before October 1, 1973.]
    (3) Subject to  the  approval  of the Court of
Probate  as  provided   in  section  45a-727,  the
guardian or guardians  of  the person of any minor
child who is  free for adoption in accordance with
section  45a-725  may  agree  in  writing  with  a
relative that the  relative shall adopt the child.
For the purposes  of  this  subsection  "relative"
shall include, but not be limited to, a person who
has  been  adjudged   by   a  court  of  competent
jurisdiction to be  the father of a child born out
of wedlock, or  who has acknowledged his paternity
under the provisions  of  section  46b-172a,  with
further  relationship  to   the  child  determined
through the father.
    (b) If all  parties  consent  to  the adoption
under subdivisions (2)  and  (3) of subsection (a)
of this section,  then the application to be filed
under section 45a-727  shall  be combined with the
consent termination of parental rights to be filed
under section 45a-717.  An  application made under
subdivisions (2) and (3) of subsection (a) of this
section shall not  be  granted  in the case of any
child who has  attained  the age of twelve without
the child's consent.
    Sec.  4.  Section   45a-725   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    A minor child  shall  be  considered  free for
adoption and the  Court  of  Probate  may grant an
application for the  appointment  of  a  statutory
parent if any  of the following have occurred: (a)
The child has  no living parents; [(b) the parents
were removed as  guardians  of  the  person before
October 1, 1973, in accordance with the provisions
of Connecticut law  in  effect  before  October 1,
1973;  (c)] (b)  all  parental  rights  have  been
terminated under Connecticut law; [(d)] (c) (1) in
the case of  any  child  from  outside  the United
States, its territories  or  the  Commonwealth  of
Puerto   Rico   placed   for   adoption   by   the
Commissioner of Children  and  Families  or by any
child-placing agency, the  petitioner has filed an
affidavit that the  child has no living parents or
that the child  is  free for adoption and that the
rights of all parties in connection with the child
have been properly  terminated  under  the laws of
the jurisdiction in  which the child was domiciled
before being removed  to the state of Connecticut;
or (2) in  the  case  of any child from any of the
United States, its territories or the Commonwealth
of  Puerto Rico  placed  by  the  Commissioner  of
Children and Families  or  a child-placing agency,
the petitioner has  filed  an  affidavit  that the
child has no  living parents or has filed in court
a certified copy  of the court decree in which the
rights of all parties in connection with the child
have  been  terminated   under  the  laws  of  the
jurisdiction  in which  the  child  was  domiciled
before being removed  to the state of Connecticut,
and the child-placing agency obtained guardianship
or other court  authority  to  place the child for
adoption. If no such affidavit or certified decree
has  been  filed,  then  termination  of  parental
rights proceedings shall be required.
    Sec.  5.  Section   45a-175   of  the  general
statutes, as amended  by  section  3 of public act
97-90,   is  repealed   and   the   following   is
substituted in lieu thereof:
    (a) Courts of  probate shall have jurisdiction
of the interim  and final accounts of testamentary
trustees,  trustees appointed  by  the  courts  of
probate,    conservators,    guardians,    persons
appointed by probate  courts  to  sell the land of
minors, executors, administrators  and trustees in
insolvency, and, to  the  extent  provided  for in
this section, shall  have jurisdiction of accounts
of the actions  of  trustees of inter vivos trusts
and  attorneys-in-fact  acting   under  powers  of
attorney.
    (b) A trustee  or  settlor  of  an inter vivos
trust or an  attorney-in-fact  or the successor of
the trustee, settlor  or  attorney-in-fact  or the
grantor of such  power  of  attorney  or his legal
representative may make  application  to the court
of probate for  the district where the trustee, OR
ANY ONE OF  THEM, or the attorney-in-fact has [his
or its principal]  ANY place of business or to the
court  of  probate  for  the  district  where  the
trustee or any  one  of them or the settlor or the
attorney-in-fact  or  the  grantor  of  the  power
resides or, in  the  case of a deceased settlor or
grantor,   to  the   court   of   probate   having
jurisdiction over the  estate  of  the  settlor or
grantor OR FOR  THE  DISTRICT IN WHICH THE SETTLOR
OR GRANTOR RESIDED  IMMEDIATELY PRIOR TO DEATH for
submission to the  jurisdiction of the court of an
account  for  allowance   of   the   trustee's  or
attorney's actions under such trust or power.
    (c) (1) Any  beneficiary  of  an  inter  vivos
trust  may petition  a  court  of  probate  having
jurisdiction under this  section for an accounting
by the trustee  or  trustees. The court may, after
hearing with notice  to  all  interested  parties,
grant the petition  and  require an accounting for
such  periods  of   time   as  it  determines  are
reasonable and necessary  on finding that: (A) The
beneficiary  has  an   interest   in   the   trust
sufficient to entitle  him  to  an accounting, (B)
cause  has  been   shown  that  an  accounting  is
necessary, and (C)  the  petition  is  not for the
purpose of harassment.
    (2) A court of probate shall have jurisdiction
to require an  accounting under subdivision (1) of
subsection (c) of this section if (A) a trustee of
the trust resides in its district, (B) in the case
of  a corporate  trustee,  the  trustee  has  [its
principal] ANY place  of business in the district,
(C) any of  the  trust  assets  are  maintained or
evidences of intangible  property of the trust are
situated  in the  district,  or  (D)  the  settlor
resides in the  district,  OR,  IN  THE  CASE OF A
DECEASED   SETTLOR,  RESIDED   IN   THE   DISTRICT
IMMEDIATELY PRIOR TO DEATH.
    (3) As used  in  subdivision (1) of subsection
(c)  of  this  section,  "beneficiary"  means  any
person currently receiving  payments  of income or
principal from the  trust,  or who may be entitled
to receive income  or  principal  or both from the
trust  at  some   future   date,   or   the  legal
representative of such person.
    (d) The action  to submit an accounting to the
court,  whether  by  an  inter  vivos  trustee  or
attorney  acting under  a  power  of  attorney  or
whether pursuant to  petition  of  another  party,
shall  not subject  the  trust  or  the  power  of
attorney to the  continuing  jurisdiction  of  the
probate court.
    (e) If the  court finds such appointment to be
necessary and in the best interests of the estate,
the court upon  its  own  motion  may  appoint  an
auditor to be selected from a list provided by the
Probate Court Administrator,  to  examine accounts
over which the  court  has jurisdiction under this
section, except those accounts on matters in which
the  fiduciary or  cofiduciary  is  a  corporation
having   trust   powers.    The    Probate   Court
Administrator  shall  promulgate   regulations  in
accordance  with  section  45a-77  concerning  the
compilation of a list of qualified auditors. Costs
of the audit  may be charged to the fiduciary, any
party  in  interest   and   the  estate,  in  such
proportion as the  court shall direct if the court
finds such charge  to be equitable. Any such share
may  be  paid  from  the  fund  established  under
section 45a-82, subject  to  the  approval  of the
Probate Court Administrator,  if  it is determined
that the person  obligated  to  pay  such share is
unable to pay  or  to  charge  such  amount to the
estate would cause undue hardship.
    (f) Upon the  allowance  of  any such account,
the  court  shall  determine  the  rights  of  the
fiduciaries or the  attorney-in-fact rendering the
account  and of  the  parties  interested  in  the
account, subject to  appeal as in other cases. The
court shall cause  notice  of  the  hearing on the
account to be  given  in  such  manner and to such
parties as it directs.
    (g) In any  action  under  this  section,  the
Probate Court shall  have,  in  addition to powers
pursuant to this section, all the powers available
to a judge  of  the  Superior  Court at law and in
equity pertaining to matters under this section.
    Sec.  6.  Section   45a-151   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) Upon application  by executors, guardians,
conservators,    administrators,    trustees    in
insolvency  and  trustees   appointed,   or  whose
appointment has been  approved,  by  the  Court of
Probate, the court  may, after [public] notice and
hearing, authorize such  fiduciaries to compromise
and settle any  doubtful  or  disputed  claims  or
actions, or any appeal from probate in favor of or
against  the estates  or  persons  represented  by
them.
    (b) In order  to accomplish such compromise or
settlement,   the   court    may   authorize   the
conveyance, with or  without  requiring a bond, of
the whole or any part of, or any easement or other
interest in, any  real  property  situated in this
state forming part of the trust estate or owned by
any such trustee,  executor  or  administrator  or
owned by any  deceased  person,  ward or incapable
person  for  whom   such  an  executor,  guardian,
conservator or administrator was appointed.
    Sec.  7.  Section   45a-376   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The  Court  of   Probate   shall  [direct  the
fiduciary of the estate of a deceased person which
is  represented  to   be   insolvent   to  publish
newspaper  notice  and  to  give  notice  to  such
persons as the  court may direct to appear if they
see cause before  the  court,  at a time and place
appointed by it  and designated in such notice, to
be heard relative  to such representation] CAUSE A
NOTICE OF THE  ALLEGED INSOLVENCY OF AN ESTATE, OF
THE  RIGHT  OF  INTERESTED  PERSONS  TO  BE  HEARD
RELATIVE TO THE  REPRESENTATION OF INSOLVENCY, AND
OF THE TIME,  DATE AND PLACE OF HEARING, TO BE (1)
PUBLISHED  IN  A   NEWSPAPER   HAVING   A  GENERAL
CIRCULATION IN THE PROBATE DISTRICT, AND (2) GIVEN
TO  SUCH  INTERESTED  PERSONS  AS  THE  COURT  MAY
DIRECT. After hearing,  the  court shall determine
whether such estate  shall  be  declared insolvent
and shall send a copy of the decree to all persons
in interest.
    Sec.  8.  Section   45a-144   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) Any person claiming to be aggrieved by the
breach of a probate bond, as representative of the
estate  in connection  with  which  the  bond  was
given, or in  his  own  right  or  in the right of
himself and all  others  having an interest in the
estate, may bring  an action IN THE SUPERIOR COURT
OR MAY APPLY  TO THE COURT OF PROBATE IN WHICH THE
BOND WAS GIVEN  to  recover  for the breach in his
own name. [under  the  following  conditions:  (1)
Before  bringing  the  action,  the  person  shall
secure the consent  of  the  judge of the court of
probate in which  the  bond  was given; (2) if the
probate judge refuses  to  grant  permission,  the
person may make  written application to a judge of
the  Superior  Court  before  which  the  proposed
action will be  returnable.  Upon  receipt  of the
application the Superior Court judge shall issue a
rule to show  cause  why  permission should not be
granted, specifying a  time when, and place where,
the matter will  be heard and directing that it be
served in a manner which he deems proper, upon the
representative of the  estate,  if  he  is not the
applicant, and upon  other  persons  who appear to
have an interest in the matter. If the judge, upon
hearing, finds that  just  cause  exists  for  the
bringing of the  action, he shall grant permission
to the applicant to bring it.]
    (b) If [,  upon]  an application IS made OR AN
ACTION  IS  BROUGHT   by   one  not  acting  as  a
representative of the  estate  [,]  AND  the judge
concludes that the  action ought to be prosecuted,
OR  THE PROCEEDING  OUGHT  TO  BE  MAINTAINED,  on
behalf of all  persons interested in the estate in
connection with which the bond was given, [he] THE
JUDGE may order that [, if] the action [is brought
by the applicant,  it]  shall  be  brought, OR THE
PROCEEDING SHALL BE  MAINTAINED,  on behalf of all
such persons; but,  in  that  event,  such persons
need not be  named  in the writ, [or] complaint OR
APPLICATION.
    (c) [When permission  to  bring  the action is
granted to the  representative of the estate or to
one acting on  behalf  of  himself  and all others
interested in the  estate,  the]  THE  judge shall
require that the  applicant OR THE PERSON BRINGING
THE ACTION give a bond, with sufficient surety, in
an amount acceptable  to  [him]  THE JUDGE, in the
nature  of a  probate  bond.  The  bond  shall  be
conditioned upon the  applicant's  OR  PLAINTIFF'S
well and truly accounting for any moneys recovered
in the action  OR PROCEEDING and for his doings in
connection with the  action OR PROCEEDING and with
the securing of  payment of any moneys adjudged to
be due. [If  permission  to  bring  the  action is
granted  by  a  judge  other  than  the  judge  of
probate,  the] THE  bond  shall  be  [transmitted]
FILED, with the  endorsement  of  its  acceptance,
[to] IN the  court  of probate in which the estate
is in settlement. [, and shall be filed there.] If
THE APPLICATION IS  MADE  OR the action is brought
by a representative  of  the  estate and the judge
deems the bond  already given by him sufficient to
cover any amount  which  may  be  recovered in the
action OR PROCEEDING,  no  additional bond need be
required.
    (d) The plaintiff  in  any  action  brought by
him, OR THE  APPLICANT IN ANY PROCEEDING COMMENCED
BY HIM, as  representative of the estate or on his
behalf and that  of  all  persons interested in it
shall account for  any  moneys  recovered  to  the
court  of  probate  in  which  the  estate  is  in
settlement. The court  may  allow to the APPLICANT
OR   plaintiff   a    reasonable   sum   for   his
disbursements  and  services   in  the  action  OR
PROCEEDING and in  any  subsequent  proceedings to
enforce payment of  any  sum recovered, to be paid
from the amount recovered or by the estate.
    Sec.  9.  Section   17a-11   of   the  general
statutes, as amended  by  section  5 of public act
97-272,  is  repealed   and   the   following   is
substituted in lieu thereof:
    (a) The commissioner  may,  in his discretion,
admit to the  department  on a voluntary basis any
child or youth  who, in his opinion, could benefit
from any of  the  services offered or administered
by, or under contract with, or otherwise available
to,  the  department.  Application  for  voluntary
admission shall be  made  in writing by the parent
or guardian of a child under fourteen years of age
or  by such  person  himself  if  he  is  a  child
fourteen years of age or older or a youth.
    (b) A child  or  youth voluntarily admitted to
the department shall  be  deemed  to be within the
care of the  commissioner  until such admission is
terminated. The commissioner  shall  terminate the
admission  of  any   child  or  youth  voluntarily
admitted to the  department  within ten days after
receipt of a  written request for termination from
a parent or  guardian  of any child under fourteen
or from a  child if fourteen years of age or over,
or youth, unless  prior  to the expiration of that
time the commissioner has sought and received from
the Superior Court  an  order of temporary custody
as provided by law. The commissioner may terminate
the admission of  any  child  or youth voluntarily
admitted to the department after giving reasonable
notice in writing to the parent or guardian of any
child under fourteen  years  of age and to a child
over fourteen, and  to  any  youth.  Any  child or
youth admitted voluntarily  to  the department may
be placed in,  or  transferred  to,  any resource,
facility or institution  within  the department or
available to the  commissioner  except  Long  Lane
School,  provided  the   commissioner  shall  give
written notice to  such  child or youth and to the
parent or guardian  of  the child of his intention
to make a  transfer at least ten days prior to any
actual transfer, unless  written  notice is waived
by those entitled  to  receive  it,  or  unless an
emergency  commitment  of   such   child  is  made
pursuant to section 17a-502.
    (c) Not more  than  one  hundred  twenty  days
after admitting a  child  or  youth on a voluntary
basis, the department  shall  petition the Probate
Court  FOR THE  DISTRICT  IN  WHICH  A  PARENT  OR
GUARDIAN OF THE  CHILD  OR  YOUTH  RESIDES  for  a
determination as to  whether  continuation in care
is  in the  child's  best  interest  and,  if  so,
whether there is an appropriate case service plan.
Upon receipt of  such application, the court shall
set a time and place for hearing to be held within
thirty days of  receipt of the application, unless
continued by the  court for cause shown. The court
shall order notice  of  the hearing to be given by
[certified   mail,  return   receipt   requested,]
REGULAR MAIL at  least  five  days  prior  to  the
hearing  to  the   Commissioner  of  Children  and
Families, AND BY  CERTIFIED  MAIL,  RETURN RECEIPT
REQUESTED, AT LEAST FIVE DAYS PRIOR TO THE HEARING
TO the parents  or  guardian  of the child and the
minor,  if  over  twelve  years  of  age.  If  the
whereabouts of the parent or guardian are unknown,
or if delivery cannot reasonably be effected, then
notice  shall  be   ordered   to   be   given   by
publication. In making its determination the court
shall consider the  items  specified in subsection
(d) of this section.
    (d) Not more  than twelve months after a child
or  youth is  admitted  to  the  department  on  a
voluntary basis, the  commissioner  shall  file  a
motion in the  Probate  Court  FOR THE DISTRICT IN
WHICH A PARENT  OR  GUARDIAN OF THE CHILD OR YOUTH
RESIDES requesting a  dispositional hearing on the
status of the child or youth. Upon receipt of such
motion, the court  shall  set a time and place for
hearing to be  held  within thirty days of receipt
of the motion,  unless  continued by the court for
cause shown. The  court  shall order notice of the
hearing to be  given in accordance with subsection
(c) of this section. At the dispositional hearing,
all parties shall  be  heard  and  oral or written
reports, containing recommendations as to the best
interests of the  child or youth may be presented.
In determining its order of disposition, the court
shall  consider  among   other   things:  (1)  The
appropriateness  of  the   department's  plan  for
service to the  child or youth and his family; (2)
the treatment and  support services that have been
offered and provided  to  the  child  or  youth to
strengthen and reunite  the  family; (3) if return
home is not  likely  for  the  child or youth, the
efforts that have  been  made or should be made to
evaluate and plan for other modes of care; and (4)
any further efforts  which  have  been  or will be
made to promote the best interests of the child or
youth. At the conclusion of the hearing, the court
shall, in accordance  with  the  best interests of
the child or  youth, enter an appropriate order of
disposition. The order  may:  (A)  Direct that the
services being provided,  or  the placement of the
child  or  youth  and  reunification  efforts,  be
continued if the  court, after hearing, determines
that  continuation  of   the  child  or  youth  in
services or placement  is  in the child or youth's
best interests or  (B)  direct  that  the child or
youth's  services  or  placement  be  modified  to
reflect the child  or  youth's  best interest. The
court  shall possess  continuing  jurisdiction  in
proceedings under this section and shall conduct a
further   [depositional]   DISPOSITIONAL   hearing
whenever it deems  necessary  or desirable, but at
least every twelve months.
    (e) The commissioner  shall  adopt regulations
in  accordance  with  chapter  54  describing  the
documentation required for voluntary admission and
for  informal  administrative  case  review,  upon
request,  of any  denial  of  an  application  for
voluntary admission.
    (f) Any person  aggrieved by a decision of the
commissioner denying voluntary services may appeal
such decision through  an  administrative  hearing
held pursuant to chapter 54.
    (g) Notwithstanding any  provision of sections
17a-1 to 17a-26,  inclusive, and 17a-28 to 17a-49,
inclusive, to the  contrary,  any  person  already
under the care and supervision of the Commissioner
of  Children  and  Families  who  has  passed  his
eighteenth birthday but  has  not  yet reached his
twenty-first birthday, may  be permitted to remain
voluntarily   under   the   supervision   of   the
commissioner, provided said  commissioner,  in his
discretion  determines  that   such  person  would
benefit from further  care  and  support  from the
Department of Children and Families.
    (h) UPON MOTION  OF  ANY INTERESTED PARTY IN A
PROBATE COURT PROCEEDING  UNDER  THIS SECTION, THE
PROBATE COURT OF  RECORD MAY TRANSFER THE FILE FOR
CAUSE SHOWN TO  A  PROBATE  COURT  FOR  A DISTRICT
OTHER THAN THE  DISTRICT  IN  WHICH THE INITIAL OR
DISPOSITIONAL HEARING WAS  HELD. THE FILE SHALL BE
TRANSFERRED BY THE  PROBATE COURT OF RECORD MAKING
COPIES OF ALL  RECORDED  DOCUMENTS  IN  THE  COURT
FILE, CERTIFYING EACH  OF THEM, AND DELIVERING THE
CERTIFIED COPIES TO THE PROBATE COURT TO WHICH THE
MATTER IS TRANSFERRED.
    Sec.  10.  Section  45a-257a  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) If a testator fails to provide by will for
the testator's surviving  spouse  who  married the
testator after the  execution  of  the  will,  the
surviving spouse shall  receive  the same share of
the  estate  the   surviving   spouse  would  have
received if the  decedent left no will unless: (1)
It appears from  the  will  that  the omission was
intentional; or (2)  the testator provided for the
spouse by transfer outside the will and the intent
that the transfer  be  in  lieu  of a testamentary
provision is shown  by  the testator's statements,
or is reasonably  inferred  from the amount of the
transfer or other evidence.
    (b)  In  satisfying   a   share   provided  in
subsection  (a)  of   this  section,  devises  and
legacies made by the will abate in accordance with
section 45a-426.
    (c) A SURVIVING SPOUSE RECEIVING A SHARE UNDER
THIS SECTION MAY  NOT  ELECT  TO  TAKE A STATUTORY
SHARE UNDER SECTION 45a-436.
    Sec.  11.  Section  45a-257e  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    [The  revocation  of   any  will  by  divorce,
annulment or dissolution  of  marriage,]  ANY WILL
executed on or after October 1, 1967, and prior to
January 1, 1997,  shall  be  [in  accordance with]
GOVERNED BY the  provisions  of section 45a-257 of
the general statutes, revision of 1958, revised to
January 1, 1995,  CONCERNING  THE  REVOCATION OF A
WILL BY MARRIAGE,  DIVORCE, ANNULMENT, DISSOLUTION
OR BIRTH OR ADOPTION OF A MINOR CHILD.
    Sec. 12. Subsection  (e)  of  section 1-56b of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (e) If a  conservator  of  the  estate  of the
principal is appointed,  [after  the occurrence of
the disability or  incompetence of the principal,]
the power of  attorney  shall cease at the time of
the appointment, and  the  person acting under the
power of attorney shall account to the conservator
rather than to  the  principal.  If  the principal
dies, the power  of  attorney  shall  cease at the
time of the  principal's  death,  and  the  person
acting under the  power  of attorney shall account
to the fiduciary of the principal's estate.
    Sec. 13. Section 1-56j of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    If  a  conservator   of   the  estate  of  the
principal is appointed,  [after  the occurrence of
the  disability  or   incapacity,]  the  power  of
attorney  shall  cease   at   the   time   of  the
appointment and the  person acting under the power
of  attorney  shall  account  to  the  conservator
rather than to the principal.
    Sec.  14.  Section   45a-317  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  The temporary  administrator  or  officer
appointed pursuant to  the  provisions  of section
45a-316 shall take immediate possession of all the
real  and  personal   property  of  the  deceased,
collect the rents, debts and income thereof and do
any additional acts necessary for the preservation
of the estate that the court authorizes.
    (b)  Such  administrator  or  officer  may  be
authorized  by the  court  to  sell  any  personal
property of the  estate which is perishable in its
nature or which the court finds cannot be retained
to advantage, and  may  be  further  authorized to
make up or  complete  any stock or materials in an
unfinished state, and to continue any business, so
far as may  be  necessary  for the preservation of
the same.
    (c) Such administrator  may  be  authorized by
the court to sell OR MORTGAGE any real property of
the estate.
    (d) Such administrator  or  officer shall file
forthwith under oath  an inventory of all personal
property of the  deceased  and, when ordered to do
so, shall exhibit  to  the court an account of his
actions.
    (e)  Such  administrator  or  officer  may  be
removed by the  court with or without notice and a
successor appointed whenever  such  action appears
to the court advisable.
    (f) Upon the  appointment and qualification of
the administrator or  the  administrator  with the
will annexed or the qualification of the executor,
such temporary administrator or such officer shall
exhibit forthwith to  the  court an account of his
trust and deliver  to  the administrator, executor
or administrator with  the will annexed all of the
estate of the deceased remaining in his hands.

Approved May 19, 1998