Title 45a — Title 45a: Probate Courts and Procedure

Sec. 45a-670. (Formerly Sec. 45-322). Petition for guardianship. (a) A petition for guardianship may be filed by any adult person. Any petition filed shall allege that a respondent, by reason of the severity of the respondent's intellectual disability, is unable to meet essential…

Sec. 45a-671. (Formerly Sec. 45-323). Hearing on petition for guardianship. Notice. (a) Not later than forty-five days after the date of filing a petition for guardianship with the Probate Court, such court shall assign a time and place for hearing such petition. Notwithstanding …

Sec. 45a-672. (Formerly Sec. 45-324). Notice of hearing. The notice required by subsection (a) of section 45a-671 shall inform such respondent of (1) whether the guardianship sought is a plenary or a limited guardianship and that the court, notwithstanding which type of guardians…

Sec. 45a-673. (Formerly Sec. 45-325). Appointment of counsel. Payment of cost for indigent persons. Unless the respondent is represented by counsel, the court shall immediately appoint counsel for the respondent. If the respondent is indigent or otherwise unable to pay for counse…

Sec. 45a-674. (Formerly Sec. 45-326). Hearing for appointment of guardian. Evidence. Report by assessment team. Cross-examination of witnesses. Payment of fees for assessment team. Exception to report or testimony requirement. (a) At any hearing for appointment of a plenary guard…

Sec. 45a-675. (Formerly Sec. 45-327). Right of respondent to be at hearing. The respondent shall be present at any hearing for his or her guardianship, except that the court may exclude the respondent from such portions of the hearing at which testimony is given which the court d…

Sec. 45a-676. (Formerly Sec. 45-328). Appointment of plenary guardian or limited guardian. (a) If the court finds, by clear and convincing evidence, that the respondent is, by reason of the severity of the respondent's intellectual disability, totally unable to meet essential req…

Sec. 45a-677. (Formerly Sec. 45-329). Powers and duties of plenary or limited guardian. Report. Transfer of file. (a) The court may assign to a limited guardian any portion of the duties and powers listed in subsection (d) of this section for those particular areas in which the p…

Sec. 45a-677a. Petition by plenary or limited guardian to manage the finances of a protected person whose assets do not exceed ten thousand dollars. (a) A plenary or limited guardian appointed under section 45a-676 may petition for authority to manage the finances of a protected …

Sec. 45a-678. (Formerly Sec. 45-330). Removal of plenary or limited guardian. Any plenary guardian or limited guardian serving in accordance with the provisions of sections 45a-669 to 45a-683, inclusive, may be removed by the Probate Court which appointed such guardian and anothe…

Sec. 45a-679. (Formerly Sec. 45-331). Conflicts between plenary guardian, limited guardian, conservator of the estate or person and temporary conservator to be resolved by Probate Court. If a protected person or conserved person has both a plenary guardian or limited guardian and…

Sec. 45a-680. (Formerly Sec. 45-332). Appointment of standby plenary guardian or standby limited guardian. Probate bond. Duties. Confirmation by court. Whenever a Probate Court appoints a plenary guardian or limited guardian, such court may appoint a standby plenary guardian or a…

Sec. 45a-681. (Formerly Sec. 45-333). Review of guardianship by court. (a) The court shall review each guardianship at least every three years and shall either continue, modify or terminate the order for guardianship. Pursuant to such review: (1) The court shall receive and revie…

Sec. 45a-682. (Formerly Sec. 45-334). Petition for temporary limited guardian. Notice and hearing. Appointment. (a) A petition for a temporary limited guardian may be filed by any interested party alleging that the respondent is in need of elective surgical, medical or dental pro…

Sec. 45a-683. (Formerly Sec. 45-335). Immunity from civil liability of plenary guardian, temporary limited guardian or limited guardian. Any plenary guardian, temporary limited guardian or limited guardian who acts in good faith or pursuant to order of a Probate Court pursuant to…

Sec. 45a-684. (Formerly Sec. 45-336). Payment of expenses and fees of proceeding for appointment of guardian of person with intellectual disability. Section 45a-684 is repealed, effective July 1, 2016. (P.A. 82-337, S. 17; P.A. 03-51, S. 12; June Sp. Sess. P.A. 15-5, S. 458; P.A.…

Secs. 45a-685 to 45a-689. Reserved for future use. PART VI STERILIZATION

Sec. 45a-690. (Formerly Sec. 45-78p). Definitions. For the purposes of sections 45a-690 to 45a-700, inclusive: (1) “Sterilization” means a surgical or other medical procedure, the purpose of which is to render an individual permanently incapable of procreating; (2) “Informed cons…

Sec. 45a-691. (Formerly Sec. 45-78q). Sterilization. Requirements. Determination of ability to give informed consent. No person shall undergo sterilization unless such person has attained the age of eighteen years and has given informed consent, in writing, to such sterilization.…

Sec. 45a-692. (Formerly Sec. 45-78r). Application for determination of ability to give informed consent to sterilization. An application for a determination of a person's ability to give informed consent to a sterilization procedure may be filed by the person seeking sterilizatio…

Sec. 45a-693. (Formerly Sec. 45-78s). Hearing. Notice. Upon such application for a determination of ability to give informed consent, such court shall assign a time, not later than thirty days thereafter, and a place for hearing such application. Any hearing held under this secti…

Sec. 45a-694. (Formerly Sec. 45-78t). Appointment of counsel to represent respondent. Compensation. Upon the filing of an application for a determination of an individual's ability to give informed consent to sterilization, the court shall appoint legal counsel to represent any r…

Sec. 45a-695. (Formerly Sec. 45-78u). Evidence re ability of respondent to give informed consent. Reports by panel members appointed by court. Right of respondent to present evidence and cross-examine witnesses. At any hearing upon such application, the court shall receive eviden…

Sec. 45a-696. (Formerly Sec. 45-78v). Respondent to be present at hearing on ability to give informed consent to sterilization. The respondent shall be present at any hearing regarding his or her ability to give informed consent to sterilization. The court shall inquire at the ti…

Sec. 45a-697. (Formerly Sec. 45-78w). Informed consent. Refusal of sterilization. If the court does not find that the respondent is able to give informed consent, such court shall retain its jurisdiction and shall determine whether such sterilization is in the best interest of th…

Sec. 45a-698. (Formerly Sec. 45-78x). Application by guardian or conservator for consent to sterilization. Whenever sterilization is sought of a person under guardianship or conservatorship, application for consent to sterilization shall be filed in Probate Court by the guardian,…

Sec. 45a-699. (Formerly Sec. 45-78y). Hearing. Evidence. Grounds for sterilization. (a) The court shall hear medical, social, educational, residential and psychological evidence including but not limited to testimony of the panel appointed under section 45a-695, as to whether suc…

Sec. 45a-699a. Stay of order or decree permitting sterilization. Except as otherwise provided in this section, an order or decree of a court of probate permitting sterilization pursuant to sections 45a-690 to 45a-700, inclusive, shall be stayed, for a period of not less than ten …

Sec. 45a-700. (Formerly Sec. 45-78z). Surgical or other medical procedures which may result in sterilization. Nothing in sections 45a-690 to 45a-700, inclusive, shall limit surgical or other medical procedures which are medically indicated and which may result in sterilization. A…

Secs. 45a-701 and 45a-702. Reserved for future use. PART VII VOTING RIGHTS

Sec. 45a-703. Application for determination of competency to vote. The guardian or conservator of an individual may file a petition in probate court to determine such individual's competency to vote in a primary, referendum or election. The probate court shall hold a hearing on t…

Secs. 45a-704 and 45a-705. Reserved for future use. PART VIII HABEAS CORPUS

Sec. 45a-705a. Petition for writ of habeas corpus by individual subject to guardianship or involuntary representation. (a) An individual subject to a guardianship or involuntary representation under this chapter may petition for and is entitled to the benefit of the writ of habea…

Sec. 45a-706. (Formerly Sec. 45-61a). Rule of construction. The provisions of sections 45a-706 to 45a-709, inclusive, 45a-715 to 45a-718, inclusive, 45a-724 to 45a-734, inclusive, 45a-736, 45a-737 and 52-231a shall be liberally construed in the best interests of any child for who…

Sec. 45a-706a. Connecticut Indian Child Welfare Act. Application to actions and proceedings involving an Indian child. (a) As used in this section, (1) “Indian child” has the same meaning as provided in section 46b-116a. (b) In any action or proceeding under this chapter involvin…

Sec. 45a-707. (Formerly Sec. 45-61b). Definitions. As used in sections 45a-187, 45a-706 to 45a-709, inclusive, 45a-715 to 45a-718, inclusive, and 45a-724 to 45a-737, inclusive: (1) “Adoption” means the establishment by court order of the legal relationship of parent and child; (2…

Sec. 45a-708. (Formerly Sec. 45-61e). Guardian ad litem for minor or incompetent parent. (a) When, with respect to any petition for termination of parental rights filed under section 17a-112, section 45a-715 or section 45a-716, it appears that either parent of the child is a mino…

Sec. 45a-709. (Formerly Sec. 45-61k). Validity of proceedings prior to statutory changes. (a) Notwithstanding any provision of sections 17a-112, 17a-113, 17a-148, 45a-187, 45a-606, 45a-607, 45a-706 to 45a-708, inclusive, 45a-715 to 45a-718, inclusive, 45a-724, 45a-727, 45a-732 to…

Secs. 45a-710 to 45a-714. Reserved for future use. PART II* TERMINATION OF PARENTAL RIGHTS *Cited. 234 C. 194. Cited. 34 CA 176. Cited. 45 CS 33.

Sec. 45a-715. (Formerly Sec. 45-61c). Petition to terminate parental rights. Cooperative postadoption agreements. (a) Any of the following persons may petition the Probate Court to terminate parental rights of all persons who may have parental rights regarding any minor child or …

Sec. 45a-716. (Formerly Sec. 45-61d). Hearing on petition to terminate parental rights. Notice. Attorney General as party. (a) Upon receipt of a petition for termination of parental rights, the Probate Court, or the Superior Court on a case transferred to it from the Probate Cour…

Sec. 45a-717. (Formerly Sec. 45-61f). Termination of parental rights. Conduct of hearing. Investigation and report. Grounds for termination. (a) At the hearing held on any petition for the termination of parental rights filed in the Probate Court under section 45a-715, or filed i…

Sec. 45a-718. (Formerly Sec. 45-61h). Appointment and duties of statutory parent. Removal or resignation. (a) If a child is free for adoption as provided in section 45a-725, and no appointment of a statutory parent has been made under section 17a-112 or section 45a-717, the Proba…

Sec. 45a-719. Reopening judgment terminating parental rights. Best interest of child. Final decree of adoption. The court may grant a motion to open or set aside a judgment terminating parental rights pursuant to section 52-212 or 52-212a or pursuant to common law or may grant a …

Secs. 45a-720 to 45a-723. Reserved for future use. PART III* ADOPTION *Cited. 46 CA 69. Cited. 45 CS 33.

Sec. 45a-724. (Formerly Sec. 45-61i). Who may give child in adoption. (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 app…

Sec. 45a-724a. Placement for adoption with child-placing agency by Commissioner of Children and Families. Upon the termination of parental rights by the court pursuant to section 17a-112 or 45a-717, the court, at the request of the Commissioner of Children and Families as statuto…

Sec. 45a-725. (Formerly Sec. 45-61j). When child free for adoption. 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 p…

Sec. 45a-726. (Formerly Sec. 45-61l). Placement of adoptive children by Commissioner of Children and Families or child-placing agency. (a) If the Commissioner of Children and Families or a child-placing agency is appointed as statutory parent for any child free for adoption, the …

Sec. 45a-726a. Consideration of sexual orientation of prospective adoptive or foster parent. Section 45a-726a is repealed, effective July 1, 2013. (P.A. 91-58, S. 18; P.A. 93-91, S. 1, 2; P.A. 96-130, S. 11; P.A. 13-81, S. 21.)