Bill Text: CT HB06896 | 2015 | General Assembly | Comm Sub


Bill Title: An Act Concerning The Transfer Of Youths From The Court Of Probate To The Superior Court.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2015-03-24 - Referred by House to Committee on Judiciary [HB06896 Detail]

Download: Connecticut-2015-HB06896-Comm_Sub.html

General Assembly

 

Raised Bill No. 6896

January Session, 2015

 

LCO No. 4236

 

*_____HB06896KID___030615____*

Referred to Committee on COMMITTEE ON CHILDREN

 

Introduced by:

 

(KID)

 

AN ACT CONCERNING THE TRANSFER OF YOUTHS FROM THE COURT OF PROBATE TO THE SUPERIOR COURT.

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

Section 1. (NEW) (Effective October 1, 2015) (a) When a contested application (1) for the removal of one or both parents as guardians or of any other guardian of the person of a child or youth, (2) for the termination of parental rights, or (3) to commit a child or youth to a hospital for the mentally ill, has been transferred from the Court of Probate to the Superior Court, the clerk of the Superior Court shall provide to the clerk of the Court of Probate from which such transfer was made (A) a copy of any orders or decrees thereafter rendered, including orders regarding reinstatement of a parent or guardian pursuant to section 45a-611 of the general statutes and the right of visitation pursuant to section 45a-612 of the general statutes, and (B) a copy of any appeal of a Superior Court decision in the matter.

(b) The date of receipt by the Superior Court of a contested application transferred from the Court of Probate pursuant to subsection (a) of this section shall be the filing date for determining initial hearing dates in the Superior Court. The date of receipt by the Superior Court of any Court of Probate issued ex parte order of temporary custody not heard by the Court of Probate shall be the issuance date in the Superior Court.

(c) Any appearance filed for any party in the Court of Probate shall continue in the Superior Court until (1) a motion to withdraw is filed by counsel and granted by the Court of Probate or the Superior Court, or (2) another counsel files an "in lieu of" appearance on behalf of the party. If the party represented is indigent or is the child subject to the proceedings, new counsel shall be assigned from the list of Public Defender Services assigned counsel and shall be paid by the Public Defender Services Commission. The juvenile matters court may request that the Division of Public Defender Services contract with probate counsel for representation if continued representation would be in the best interest of the client. Counsel for indigent parties or minor children appointed by Court of Probate administration who remain on the case in Superior Court shall be paid by the Public Defender Services Commission according to its policies at the rate of pay established by the commission.

(d) (1) The clerk of the Superior Court shall notify appearing parties in applications for removal of guardian by mail of the date of the initial hearing that shall be held not more than thirty days from the date of receipt of the transferred application. Not less than ten days prior to the initial hearing, the clerk of the Superior Court shall cause a copy of the transfer order and probate petition for removal of guardian and an advisement of rights notice to be served on any nonappearing party or any party not served within the last twelve months with an accompanying order of notice and summons to appear at an initial hearing.

(2) The clerk of the Superior Court shall notify appearing parties in applications for termination of parental rights by mail of the date of the initial hearing that shall be held not more than thirty days from the date of receipt of the transferred application. Not less than ten days prior to the date of the initial hearing, the clerk of the Superior Court shall cause a copy of the transfer order and probate petition for termination of parental rights and an advisement of rights notice to be served on all parties, regardless of prior service, with an accompanying order of notice and summons to appear at an initial hearing.

(3) The clerk of the Superior Court shall notify appearing parties in applications to commit a child or youth to a hospital for the mentally ill by mail of the date of the initial hearing that shall be held not more than thirty days from the date of receipt of the transferred application. Not less than ten days prior to the date of the initial hearing, the clerk of the Superior Court shall cause a copy of the transfer order and probate petition to commit a child or youth to a hospital for the mentally ill and an advisement of rights notice to be served on all parties, regardless of prior service, with an accompanying order of notice and summons to appear at an initial hearing.

(e) The clerk of the Superior Court shall mail notice of the initial hearing date for all transferred petitions to all counsel of record and to the Commissioner of Children and Families or to any other agency that has been ordered by the Court of Probate to conduct an investigation pursuant to section 45a-619 of the general statutes. The commissioner or any other investigating agency shall be notified of the need to have a representative present at the initial hearing.

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

Section 1

October 1, 2015

New section

KID

Joint Favorable

 
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