Connecticut Seal

General Assembly

 

Raised Bill No. 5575

February Session, 2018

 

LCO No. 2944

 

*02944_______JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING THE APPOINTMENT OF A LICENSED HEALTH CARE PROFESSIONAL TO PROVIDE TREATMENT OR AN EVALUATION IN CONNECTION WITH A FAMILY RELATIONS MATTER.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2018) (a) In a family relations matter, as defined in section 46b-1 of the general statutes, if a court orders that a parent undergo treatment or an evaluation from a licensed health care provider, as defined in section 52-184e of the general statutes, the court shall permit the parent to select a qualified, licensed health care provider who is to provide such treatment or evaluation.

(b) In a family relations matter, as defined in section 46b-1 of the general statutes, if a court orders that a child undergo treatment or an evaluation from a licensed health care provider, as defined in section 52-184e of the general statutes, the court shall permit the parent or legal guardian of such child to select a qualified, licensed health care provider who is to provide such treatment or evaluation. If two parents do not agree on the selection of a licensed health care provider to provide such treatment or evaluation to a child, the court shall continue the matter for two weeks to allow the parents an opportunity to jointly select the licensed health care provider. If after the two-week period, the parents have not reached an agreement on the selection of a licensed health care provider, the court shall select such provider after giving due consideration to the health insurance coverage and financial resources available to such parents. Except in the case of a medical emergency, if two parents cannot agree on the selection of a licensed health care provider to provide medical treatment or an evaluation to the child, if a parent incurs expenses as a result of permitting the child to be treated or evaluated by such provider, without the express written consent of the other parent, the parent who permitted such treatment or evaluation to occur shall be solely responsible for the costs incurred for such treatment or evaluation.

(c) In a family relations matter, as defined in section 46b-1 of the general statutes, if a court orders that a parent or child undergo an evaluation from a licensed health care provider, as defined in section 52-184e of the general statutes, the results of such evaluation shall be submitted to the court by such provider not later than thirty days after the date of completion of the evaluation.

Sec. 2. Section 46b-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

Whenever, in any family relations matter, including appeals from the Superior Court, an investigation or evaluation has been ordered, the case shall not be disposed of until the report of the investigation or evaluation has been filed as hereinafter provided, and counsel and the parties have had a reasonable opportunity to examine it prior to the time the case is to be heard. Any report of an investigation or evaluation shall be filed with the clerk and mailed to counsel and self-represented parties of record.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2018

New section

Sec. 2

October 1, 2018

46b-7

Statement of Purpose:

To allow a party to a family relations matter to have greater input on the selection of a licensed health care professional who is to provide treatment or an evaluation in connection with such matter.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]