Child Adoption Laws
Connecticut

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Adopting Families in Connecticut

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CHAPTER 803*
TERMINATION OF PARENTAL RIGHTS AND ADOPTION

*See chapter 319a re child welfare.

Annotations to former chapter 778 (Sec. 45-61 et seq.):

Adoption agreements not required to be witnessed or acknowledged. 129 C. 239. Cited. 179 C. 155, 166. Expresses legislative intent that no person shall acquire parental status unless certain formalities are observed. 180 C. 114, 120. Cited. 198 C. 138, 145.

Annotation to present chapter:

Secs. 45a-706-45a-765 cited. 40 CA 675, 685.

Table of Contents

Sec. 45a-706. (Formerly Sec. 45-61a). Rule of construction.
Sec. 45a-707. (Formerly Sec. 45-61b). Definitions.
Sec. 45a-708. (Formerly Sec. 45-61e). Guardian ad litem for minor or incompetent parent.
Sec. 45a-709. (Formerly Sec. 45-61k). Validity of proceedings prior o statutory changes.
Secs. 45a-710 to 45a-714.
Sec. 45a-715. (Formerly Sec. 45-61c). Petition to terminate parental rights. Cooperative postadoption agreements.
Sec. 45a-716. (Formerly Sec. 45-61d). Hearing on petition to terminate parental rights. Notice.
Sec. 45a-717. (Formerly Sec. 45-61f). Termination of parental rights. Conduct of hearing. Investigation and report. Grounds for termination.
Sec. 45a-718. (Formerly Sec. 45-61h). Appointment and duties of statutory parent. Removal or resignation.
Sec. 45a-719. Reopening judgment terminating parental rights. Best interest of child. Final decree of adoption.
Secs. 45a-720 to 45a-723.
Sec. 45a-724. (Formerly Sec. 45-61i). Who may give child in adoption.
Sec. 45a-724a. Placement for adoption with child-placing agency by Commissioner of Children and Families.
Sec. 45a-725. (Formerly Sec. 45-61j). When child free for adoption.
Sec. 45a-726. (Formerly Sec. 45-61l). Placement of adoptive children by Commissioner of Children and Families or child-placing agency.
Sec. 45a-726a. Consideration of sexual orientation of prospective adoptive or foster parent.
Sec. 45a-726b. Recruitment of minority families not to delay placement of adoptive child.
Sec. 45a-727. (Formerly Sec. 45-63). Application and agreement for option. Investigation, report. Adoptive parents entitled to receive copy of records and other information re history of child. Assessment of fees. Hearing and decree.
Sec. 45a-727a. State policy re best interests of child; public policy re marriage.
Sec. 45a-727b. Endorsement of rights and responsibilities of unmarried persons to child subject to adoption, but not marriage or union of such persons.
Sec. 45a-728. (Formerly Sec. 45-63b). Regulations re adoption placement of children identified or located by prospective parents.
Sec. 45a-728a. Participation in birth and visitation of newborn identified for adoption by prospective adoptive parents.
Sec. 45a-728b. Discharge of newborn identified for adoption from hospital. Prospective adoptive parents permitted to attend hospital programs re infant care.
Sec. 45a-728c. Payment of expenses of birth mother by prospective adoptive parents.
Sec. 45a-728d. Advertising by birth parent and prospective adoptive parent for purpose of identified adoption.
Sec. 45a-729. (Formerly Sec. 45-63c). Penalty for violation of provisions re adoption placement.
Sec. 45a-730. (Formerly Sec. 45-63d). Validation of foreign adoption. Petition filed in Probate Court.
Sec. 45a-731. (Formerly Sec. 45-64a). Effects of final decree of adoption. Surviving rights.
Sec. 45a-731a. Issuance of final adoption decree notwithstanding death of child.
Sec. 45a-732. (Formerly Sec. 45-62). Husband and wife to join in adoption.
Sec. 45a-733. (Formerly Sec. 45-63a). Procedure on application for adoption by stepparent.
Sec. 45a-734. (Formerly Sec. 45-67). Adoption of adults. Inheritance.
Sec. 45a-735. (Formerly Sec. 45-68). Husband or wife of adopted adult to consent.
Sec. 45a-736. (Formerly Sec. 45-66a). Change of name of adopted person.
Sec. 45a-737. (Formerly Sec. 45-66b). Obliteration of original name on institutional records, new name substituted.
Secs. 45a-738 to 45a-742.
Sec. 45a-743. (Formerly Sec. 45-68c). Definitions.
Sec. 45a-744. (Formerly Sec. 45-68b). Legislative policy.
Sec. 45a-745. (Formerly Sec. 45a-68a). Adoption record.
Sec. 45a-746. (Formerly Sec. 45-68e). Information available to adoptive parents and adult adopted or adoptable person.
Sec. 45a-747. (Formerly Sec. 45-68f). Information regarding adoption completed before October 1, 1977.
Sec. 45a-748. (Formerly Sec. 45-68g). Agency or department to make effort to obtain information.
Sec. 45a-749. (Formerly Sec. 45-68h). Request for information.
Sec. 45a-750. (Formerly Sec. 45-68i). Identifying information.
Sec. 45a-751. (Formerly Sec. 45-68j). Release of identifying information by child-placing agency or department.
Sec. 45a-751a. Conditions re release of information. Counseling.
Sec. 45a-751b. Disclosure of identifying information. Consent required.
Sec. 45a-752. (Formerly Sec. 45-68k). Appeal to Probate Court. Advisory panel. Report. Hearing. Decision.
Sec. 45a-753. (Formerly Sec. 45-68l). Obtaining consent of person whose identity is requested. Petition to court. Report. Hearing.
Sec. 45a-754. (Formerly Sec. 45-68m). Records to be maintained in locked files. Disclosure for health or medical reasons.
Sec. 45a-755. (Formerly Sec. 45-68o). Registries. Filing of registration.
Sec. 45a-756. (Formerly Sec. 45-68p). Agreement to release identifying information. Notification. Fee.
Sec. 45a-757. (Formerly Sec. 45-68n). Records maintained on a permanent basis.
Secs. 45a-758 to 45a-762.
Sec. 45a-763. (Formerly Sec. 45-69c). Adoption Review Board established.
Sec. 45a-764. (Formerly Sec. 45-69d). Powers of Adoption Review Board. Notice and hearing.
Sec. 45a-765. (Formerly Sec. 45-69e). Records to be confidential.
Secs. 45a-766 to 45a-770.

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PART I*
TERMINATION AND ADOPTION IN GENERAL

*Termination of parental rights, Secs. 45a-706-45a-719 cited. 45 CS 33.

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 whom a petition has been filed under said sections.

(P.A. 73-156, S. 1; P.A. 80-476, S. 140; P.A. 96-130, S. 2.)

History: P.A. 80-476 added reference to Sec. 17-43b; Sec. 45-61a transferred to Sec. 45a-706 in 1991; P.A. 96-130 deleted references to Secs. 17a-91, 17a-112, 17a-148 and 45a-606.

Annotation to former section 45-61a:

Cited. 182 C. 545, 551.

Annotations to present section:

Cited. 223 C. 492, 514. Cited. 234 C. 194, 206, 207, 215. Best interests of a child cannot transcend statutorily defined jurisdictional boundaries. 247 C. 474.

Cited. 45 CS 33.

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) "Child care facility" means a congregate residential setting for the out-of-home placement of children or youth under eighteen years of age, licensed by the Department of Children and Families;

(3) "Child-placing agency" means any agency within or without the state of Connecticut licensed or approved by the Commissioner of Children and Families in accordance with sections 17a-149 and 17a-151, and in accordance with standards established by regulations of the Commissioner of Children and Families;

(4) "Guardianship" means guardianship, unless otherwise specified, of the person of a minor and refers to the obligation of care and control, the right to custody and the duty and authority to make major decisions affecting the minor's welfare, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment;

(5) "Parent" means a biological or adoptive parent;

(6) "Relative" means any person descended from a common ancestor, whether by blood or adoption, not more than three generations removed from the child;

(7) "Statutory parent" means the Commissioner of Children and Families or the child-placing agency appointed by the court for the purpose of the adoption of a minor child or minor children;

(8) "Termination of parental rights" means the complete severance by court order of the legal relationship, with all its rights and responsibilities, between the child and the child's parent or parents so that the child is free for adoption except it shall not affect the right of inheritance of the child or the religious affiliation of the child.

(P.A. 73-156, S. 2; P.A. 74-164, S. 1, 20; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-631, S. 76, 111; P.A. 80-476, S. 141; P.A. 93-91, S. 1, 2; P.A. 95-349, S. 3; P.A. 96-130, S. 3; P.A. 99-166, S. 8.)

History: P.A. 74-164 redefined "statutory parent" and added definitions of "child-placing agency", "child-care agency", "parent", "adoption", "guardianship", and "termination of parental rights"; P.A. 75-420 replaced welfare commissioner with commissioner of social services in definitions of "statutory parent" and "child-placing agency"; P.A. 77-614 and P.A. 78-303 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced human resources commissioner with commissioner of children and youth services; P.A. 80-476 reorganized definitions to appear in alphabetical order and rephrased provisions; Sec. 45-61b transferred to Sec. 45a-707 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-349 amended Subsec. (b) by replacing "child care agency" definition with "child care facility" definition; P.A. 96-130 deleted references to Secs. 17a-91, 17a-112, 17a-113, 17a-148 and 52-231a, redefined "parent" and added definition of "relative" and replaced alphabetic Subdiv. indicators with numeric indicators for consistency with customary statutory usage; P.A. 99-166 amended definition of "statutory parent" in Subdiv. (7) by changing "giving in adoption" to "the adoption of".

Annotations to former section 45-61b:

Cited. 182 C. 545, 551.

Subdiv. (c):

Cited. 214 C. 560, 570, 571.

Subdiv. (g):

Cited. 177 C. 648, 671; 181 C. 638, 640. Cited. 182 C. 545, 550. Cited. 183 C. 11, 13. Cited. 194 C. 252, 257. Cited. 196 C. 18, 19, 30. Public policy reflected in this section and Secs. 45-63 and 45-64a does not forbid agreement about visitation rights between genetic and adoptive parents subject to consideration of best interest of the child. 209 C. 407, 410. Cited. 210 C. 157, 164. Cited. 215 C. 31, 44. Cited. 217 C. 459, 464. Cited. 224 C. 263, 279, 284.

Cited. 1 CA 463, 466. Cited. 2 CA 705, 707. Cited. 8 CA 92, 94, 95. Cited. 19 CA 371, 375. Cited. 24 CA 338, 339. Cited 29 CA 112, 117.

Annotations to present section:

Cited. 217 C. 459, 464.

Subdiv. (e):

Cited. 223 C. 492, 515.

Subdiv. (f):

Cited. 45 CS 33.

Subdiv. (g):

Cited 224 C. 263, 279, 284. Cited. 234 C. 194, 200.

Cited. 33 CA 12, 16. Cited. 40 CA 675, 685.

Cited. 43 CS 108, 112.

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 minor or incompetent, the court shall appoint a guardian ad litem for such parent. The guardian ad litem shall be an attorney-at-law authorized to practice law in Connecticut or any duly authorized officer of a child-placing agency if the child-placing agency is not the petitioner.

(b) The guardian ad litem may be allowed reasonable compensation by the court appointing him which shall be assessed against the petitioner.

(c) If the court finds the petitioner is unable to pay the compensation, the reasonable compensation shall be established by, and paid from funds appropriated to, the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such compensation, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.

(P.A. 73-156, S. 6; P.A. 74-164, S. 5, 20; P.A. 76-436, S. 643, 681; P.A. 80-476, S. 142; P.A. 83-295, S. 24; P.A. 90-31, S. 4, 9; P.A. 96-130, S. 4; 96-170, S. 21, 23; P.A. 97-90, S. 5, 6.)

History: P.A. 74-164 specified that attorney appointed as guardian ad litem must be "authorized to practice law in Connecticut" or "duly authorized" officer of child-placing agency rather than "chief" officer and required that both probate and juvenile court shall order payment of compensation from funds appropriated to judicial department where previously paid from fund established under Sec. 45-4n or from appropriation for juvenile court in cases where petitioner cannot pay the compensation; P.A. 76-436 substituted superior court for juvenile court, effective July 1, 1978; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 83-295 amended Subsec. (c) to provide that the "reasonable compensation" of the guardian ad litem shall be "established by" the judicial department; P.A. 90-31 amended Subsec. (c) by adding provision that in the case of a court of probate, compensation established by the probate court administrator shall be paid from the probate administration fund; Sec. 45-61e transferred to Sec. 45a-708 in 1991; P.A. 96-130 amended Subsec. (a) by adding "for termination of parental rights" after "petition"; P.A. 96-170 amended Subsec. (c) by changing funding of compensation of guardian ad litem from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section.

Annotations to former section 45-61e:

Cited. 182 C. 545, 551.

Cited. 21 CA 226, 230, 231.

Subsec. (a):

Cited. 21 CA 226, 231.

Annotations to present section:

Subsec. (a):

Cited. 223 C. 557, 562, 563.

Cited. 25 CA 741, 744, 747.

Sec. 45a-709. (Formerly Sec. 45-61k). Validity of proceedings prior to statutory changes. (a) Notwithstanding any provision of sections 17a-91, 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 45a-734, inclusive, and 52-231a, to the contrary, any adoption completed after October 1, 1973, in which the application and agreement of adoption were received by the Court of Probate before October 1, 1973, shall be valid, provided the adoption would have been valid under the general statutes in effect on September 30, 1973.

(b) Applications for termination of parental rights, appointment of statutory parents or for adoptions or any actions taken in accordance with the applications which were received by the Court of Probate prior to May 10, 1974, shall be valid if they conform to the provisions of sections 17a-91, 17a-112, 17a-148, 45a-606, 45a-706 to 45a-708, inclusive, 45a-715 to 45a-718, inclusive, 45a-724, 45a-727, 45a-731 to 45a-734, inclusive, and 52-231a in effect on May 9, 1974.

(P.A. 74-164, S. 15, 20; P.A. 80-476, S. 143.)

History: P.A. 80-476 made minor wording changes; Sec. 45-61k transferred to Sec. 45a-709 in 1991; (Revisor's note: In 1993 references to repealed Secs. 17-32a, 17-41 and 45-69b were removed editorially by the Revisors).

Secs. 45a-710 to 45a-714. Reserved for future use.

PART II*
TERMINATION OF PARENTAL RIGHTS

*Sec. 45a-715 et seq. cited. 234 C. 194, 195, 199, 201.

Sec. 45a-715 et seq. cited. 34 CA 176, 177, 180.

Termination of parental rights, Secs. 45a-706-45a-719 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 Court of Probate to terminate parental rights of all persons who may have parental rights regarding any minor child or for the termination of parental rights of only one parent provided the application so states: (1) Either or both parents, including a parent who is a minor; (2) the guardian of the child; (3) the selectmen of any town having charge of any foundling child; (4) a duly authorized officer of any child care facility or child-placing agency or organization or any children's home or similar institution approved by the Commissioner of Children and Families; (5) a relative of the child if the parent or parents have abandoned or deserted the child; (6) the Commissioner of Children and Families, provided the custodial parent of such minor child has consented to the termination of parental rights and the child has not been committed to the commissioner, and no application for commitment has been made; provided in any case hereunder where the child with respect to whom the petition is brought has attained the age of twelve, the child shall join in the petition.

(b) A petition for termination of parental rights shall be entitled "In the interest of .... (Name of child), a person under the age of eighteen years", and shall set forth with specificity: (1) The name, sex, date and place of birth, and present address of the child; (2) the name and address of the petitioner, and the nature of the relationship between the petitioner and the child; (3) the names, dates of birth and addresses of the parents of the child, if known, including the name of any putative father named by the mother, and the tribe and reservation of an American Indian parent; (4) if the parent of the child is a minor, the names and addresses of the parents or guardian of the person of such minor; (5) the names and addresses of: (A) The guardian of the person of the child; (B) any guardians ad litem appointed in a prior proceeding; (C) the tribe and reservation of an American Indian child; and (D) the child-placing agency which placed the child in his current placement; (6) the facts upon which termination is sought, the legal grounds authorizing termination, the effects of a termination decree and the basis for the jurisdiction of the court; (7) the name of the persons or agencies which have agreed to accept custody or guardianship of the child's person upon disposition.

(c) If the information required under subdivisions (2) and (6) of subsection (b) of this section is not stated, the petition shall be dismissed. If any other facts required under subdivision (1), (3), (4), (5) or (7) of subsection (b) of this section are not known or cannot be ascertained by the petitioner, he shall so state in the petition. If the whereabouts of either parent or the putative father named under subdivision (3) of subsection (b) of this section are unknown, the petitioner shall diligently search for any such parent or putative father. The petitioner shall file an affidavit with the petition indicating the efforts used to locate the parent or putative father.

(d) If a petition indicates that either or both parents consent to the termination of their parental rights, or if at any time following the filing of a petition and before the entry of a decree a parent consents to the termination of his parental rights, each consenting parent shall acknowledge such consent on a form promulgated by the Office of the Chief Court Administrator evidencing to the satisfaction of the court that the parent has voluntarily and knowingly consented to the termination of his parental rights. No consent to termination by a mother shall be executed within forty-eight hours immediately after the birth of her child. A parent who is a minor shall have the right to consent to termination of parental rights and such consent shall not be voidable by reason of such minority. A guardian ad litem shall be appointed by the court to assure that such minor parent is giving an informed and voluntary consent.

(e) A petition under this section shall be filed in the court of probate for the district in which the petitioner or the child resides or, in the case of a minor who is under the guardianship of any child care facility or child-placing agency, in the court of probate for the district in which the main office or any local office of the agency is located. If the petition is filed with respect to a child born out of wedlock, the petition shall state whether there is a putative father to whom notice shall be given under subdivision (2) of subsection (b) of section 45a-716.

(f) If any petitioner under subsection (a) is a minor or incompetent, the guardian ad litem, appointed by the court in accordance with section 45a-708, must approve the petition in writing, before action by the court.

(g) Before a hearing on the merits in any case in which a petition for termination of parental rights is contested in a court of probate, the court of probate shall, on the motion of any legal party except the petitioner, or may on its own motion or that of the petitioner, under rules adopted by the judges of the Supreme Court, transfer the case to the Superior Court. In addition to the provisions of this section, the probate court may, on the court's own motion or that of any interested party, transfer any termination of parental rights case to another judge of probate, which judge shall be appointed by the Probate Court Administrator from a panel of qualified probate judges who specialize in children's matters. Such panel shall be proposed by the Probate Court Administrator and approved by the executive committee of the Connecticut Probate Assembly. If the case is transferred, the clerk of the Court of Probate shall transmit to the clerk of the Superior Court, or the probate court to which the case was transferred, the original files and papers in the case. The Superior Court or the probate court to which the case was transferred, upon hearing after notice as provided in sections 45a-716 and 45a-717, may grant the petition as provided in section 45a-717.

(h) Either or both birth parents and an intended adoptive parent may enter into a cooperative postadoption agreement regarding communication or contact between either or both birth parents and the adopted child. Such an agreement may be entered into if: (1) The child is in the custody of the Department of Children and Families; (2) an order terminating parental rights has not yet been entered; and (3) either or both birth parents agree to a voluntary termination of parental rights, including an agreement in a case which began as an involuntary termination of parental rights. The postadoption agreement shall be applicable only to a birth parent who is a party to the agreement. Such agreement shall be in addition to those under common law. Counsel for the child and any guardian ad litem for the child may be heard on the proposed cooperative postadoption agreement. There shall be no presumption of communication or contact between the birth parents and an intended adoptive parent in the absence of a cooperative postadoption agreement.

(i) If the Court of Probate determines that the child's best interests will be served by postadoption communication or contact with either or both birth parents, the court shall so order, stating the nature and frequency of the communication or contact. A court may grant postadoption communication or contact privileges if: (1) Each intended adoptive parent consents to the granting of communication or contact privileges; (2) the intended adoptive parent and either or both birth parents execute a cooperative agreement and file the agreement with the court; (3) consent to postadoption communication or contact is obtained from the child, if the child is at least twelve years of age; and (4) the cooperative postadoption agreement is approved by the court.

(j) A cooperative postadoption agreement shall contain the following: (1) An acknowledgment by either or both birth parents that the termination of parental rights and the adoption is irrevocable, even if the adoptive parents do not abide by the cooperative postadoption agreement; and (2) an acknowledgment by the adoptive parents that the agreement grants either or both birth parents the right to seek to enforce the cooperative postadoption agreement.

(k) The terms of a cooperative postadoption agreement may include the following: (1) Provision for communication between the child and either or both birth parents; (2) provision for future contact between either or both birth parents and the child or an adoptive parent; and (3) maintenance of medical history of either or both birth parents who are a party to the agreement.

(l) The order approving a cooperative postadoption agreement shall be made part of the final order terminating parental rights. The finality of the termination of parental rights and of the adoption shall not be affected by implementation of the provisions of the postadoption agreement, nor is the cooperative postadoption contingent upon the finalization of an adoption. Such an agreement shall not affect the ability of the adoptive parents and the child to change their residence within or outside this state.

(m) A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the termination of parental rights or the adoption and shall not serve as a basis for orders affecting the custody of the child. The court shall not act on a petition to change or enforce the agreement unless the petitioner had participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute and allocate any cost for such mediation or dispute resolution proceedings.

(n) An adoptive parent, guardian ad litem for the child or the court on its own motion may, at any time, petition for review of communication or contact ordered pursuant to subsection (i) of this section, if the adoptive parent believes that the best interests of the child are being compromised. The court may order the communication or contact be terminated, or order such conditions in regard to communication or contact as the court deems to be in the best interest of the adopted child.

(P.A. 73-156, S. 3; P.A. 74-164, S. 2, 20; P.A. 75-420, S. 4, 6; P.A. 76-436, S. 641, 681; P.A. 77-614, S. 521, 610; P.A. 79-223; 79-631, S. 33, 77, 85, 111; P.A. 80-476, S. 144; P.A. 83-355, S. 1; P.A. 84-449, S. 2, 7; P.A. 86-264, S. 8; P.A. 93-91, S. 1, 2; 93-170, S. 2; P.A. 95-349, S. 4; P.A. 96-130, S. 5; P.A. 00-75, S. 9; 00-137, S. 4; P.A. 01-195, S. 98, 181; P.A. 04-142, S. 6.)

History: P.A. 74-164 specified right to petition court for appointment of statutory parent or termination of one parent's parental rights in cases where adoption is contemplated, specified right of minor parent to petition, and made minor changes in wording to conform with definitions of Sec. 45-61b in existing provisions and added Subsecs. (c) and (d); P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 76-436 replaced references to supreme and juvenile courts in Subsec. (d) with references to superior court, effective July 1, 1978; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-223 authorized commissioner of children and youth services to make petition as provided in Subsec. (a)(5); P.A. 79-631 made technical corrections in Subsecs. (b) and (d) and substituted children and youth services commissioner for human resources commissioner in Subsec. (a) (3); P.A. 80-476 rephrased provisions; P.A. 83-355 inserted a new Subsec. (b) re the information required in a petition, Subsec. (c) re dismissal of the petition if certain information is not stated, and Subsec. (d) requiring a copy of any parental consent to adoption to accompany the petition; P.A. 84-449 amended Subsec. (a) by deleting a provision authorizing any of the enumerated persons to petition the court for the appointment of a statutory parent if adoption is contemplated and amended Subsec. (d) by replacing provision that "a copy of any consent to adoption, previously executed by a parent to an authorized agency, shall accompany the petition" with provision that each consenting parent shall acknowledge such consent on a form promulgated by the office of the chief court administrator evidencing that the parent has voluntarily and knowingly consented to the termination of his parental rights, adding provisions re consent by a minor parent and prohibiting consent to termination by a mother within forty-eight hours of the birth of the child; P.A. 86-264 changed age of minor from fourteen to twelve years of age; Sec. 45-61c transferred to Sec. 45a-715 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-170 in Subsec. (b) required that name of putative father named by mother be included in petition for termination and in Subsec. (c) required that the petitioner file an affidavit that there was diligent search for either parent or putative father if whereabouts are unknown; P.A. 95-349 substituted "child care facility" for "child care agency" in Subsecs. (a) and (e); P.A. 96-130 made technical changes in Subsecs. (a), (b) and (f); P.A. 00-75 amended Subsec. (g) by adding provisions re transfer of case to another judge of probate appointed by Probate Court Administrator from a panel of qualified probate judges specializing in children's matters; P.A. 00-137 added Subsecs. (h) to (n), inclusive, re cooperative postadoption agreements, terms of such agreements, disagreement between parties, dispute resolution and review by court; P.A. 01-195 made a technical change in Subsec. (g), effective July 11, 2001; P.A. 04-142 amended Subsec. (g) by replacing provision re transfer of case to another judge of probate with provision re transfer of any termination of parental rights case to another judge of probate, deleting provision re location of hearing in original probate court and making technical changes.

See Sec. 17a-112 re termination of parental rights of child committed to Commissioner of Children and Families.

Annotations to former section 45-61c:

Cited. 179 C. 155, 166. Cited. 182 C. 545, 551.

Cited. 8 CA 92-94. Cited. 13 CA 626, 627, 629-631. Cited. 21 CA 226, 227.

Subsec. (a):

Cited. 192 C. 254, 265. Cited. 214 C. 560, 570. Subdiv. (4) cited. Id., 560, 571.

Cited. 8 CA 92-95. Cited. 13 CA 626, 630.

Subsec. (b):

Cited. 182 C. 545, 550.

Subsec. (g):

Cited. 13 CA 626, 627. Cited. 21 CA 226, 228, 230.

Annotations to present section:

Cited. 34 CA 176, 180. Jurisdiction for terminating parental rights lies either in Probate Court or in Superior Court pursuant to Sec. 17a-112 and Subsecs. (a) and (g) of this section. 49 CA 706.

Subsec. (a):

Cited. 234 C. 194, 201, 202.

Cited. 34 CA 176, 180. No statutory requirement that Dept. of Children and Families file treatment plan as a condition precedent to filing of termination petition. 49 CA 706. Administrative hearing officer in Dept. of Children and Families has no authority to hear or determine a petition for termination of parental rights. Id. In termination proceeding, burden is on Dept. of Children and Families to prove by clear and convincing evidence that sufficient grounds exist for termination and that termination would serve the best interests of the child. Id.

Subsec. (b):

Subdiv. (6) cited. 234 C. 194, 202.

Subsec. (d):

Cited. 234 C. 194, 198, 203.

Cited. 34 CA 176, 179.

Subsec. (g):

Cited. 234 C. 194, 198.

Cited. 34 CA 176, 180.

Sec. 45a-716. (Formerly Sec. 45-61d). Hearing on petition to terminate parental rights. Notice. (a) Upon receipt of a petition for termination of parental rights, the Court of Probate, or the Superior Court on a case transferred to it from the Court of Probate in accordance with the provisions of subsection (g) of section 45a-715, shall set a time and place for hearing the petition. The time for hearing shall be not more than thirty days after the filing of the petition, except, in the case of a petition for termination of parental rights based on consent that is filed on or after October 1, 2004, the time for hearing shall be not more than twenty days after the filing of such petition.

(b) The court shall cause notice of the hearing to be given to the following persons, as applicable: (1) The parent or parents of the minor child, including any parent who has been removed as guardian on or after October 1, 1973, under section 45a-606; (2) the father of any minor child born out of wedlock, provided at the time of the filing of the petition (A) he has been adjudicated the father of such child by a court of competent jurisdiction, (B) he has acknowledged in writing that he is the father of such child, (C) he has contributed regularly to the support of such child, (D) his name appears on the birth certificate, (E) he has filed a claim for paternity as provided under section 46b-172a, or (F) he has been named in the petition as the father of the child by the mother; (3) the guardian or any other person whom the court shall deem appropriate; and (4) the Commissioner of Children and Families. If the recipient of the notice is a person described in subdivision (1) or (2) of this subsection or is any other person whose parental rights are sought to be terminated in the petition, the notice shall contain a statement that the respondent has the right to be represented by counsel and that if the respondent is unable to pay for counsel, counsel will be appointed for the respondent. The reasonable compensation for such counsel shall be established by, and paid from funds appropriated to, the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.

(c) Except as provided in subsection (d) of this section, notice of the hearing and a copy of the petition, certified by the petitioner, the petitioner's agent or attorney, or the clerk of the court, shall be served at least ten days before the date of the hearing by personal service or service at the person's usual place of abode on the persons enumerated in subsection (b) of this section who are within the state, and by certified mail, return receipt requested, on the Commissioner of Children and Families. If the address of any person entitled to personal service or service at the person's usual place of abode is unknown, or if personal service or service at the person's usual place of abode cannot be reasonably effected within the state, or if any person enumerated in subsection (b) of this section is out of the state, a judge or the clerk of the court shall order notice to be given by registered or certified mail, return receipt requested, or by publication at least ten days before the date of the hearing. Any such publication shall be in a newspaper of general circulation in the place of the last-known address of the person to be notified, whether within or without this state, or, if no such address is known, in the place where the petition has been filed.

(d) In any proceeding pending in the Court of Probate, in lieu of personal service on a parent or the father of a child born out of wedlock who is either a petitioner or who signs under penalty of false statement a written waiver of personal service on a form provided by the Probate Court Administrator, the court may order notice to be given by certified mail, return receipt requested, deliverable to addressee only, at least ten days before the date of the hearing. If such delivery cannot reasonably be effected, or if the whereabouts of the parents is unknown, notice shall be ordered to be given by publication as provided in subsection (c) of this section.

(P.A. 73-156, S. 5; P.A. 74-164, S. 4, 20; P.A. 75-420, S. 4, 6; P.A. 76-436, S. 642, 681; P.A. 77-614, S. 521, 610; P.A. 79-592, S. 1; 79-631, S. 78, 111; P.A. 80-476, S. 145; 80-483, S. 119, 186; June Sp. Sess. P.A. 83-11, S. 1, 4; P.A. 84-449, S. 3, 7; P.A. 85-335; P.A. 86-264, S. 3; P.A. 92-118, S. 6; P.A. 93-91, S. 1, 2; 93-170, S. 3; P.A. 96-130, S. 6; 96-170, S. 6, 23; P.A. 97-90, S. 5, 6; P.A. 99-84, S. 31; P.A. 00-137, S. 11; 00-196, S. 32; P.A. 04-128, S. 2; 04-257, S. 110.)

History: P.A. 74-164 clarified provisions through restatement, added reference to juvenile court acting on case transferred to it from probate court, deleted requirement that hearing be held "not less than twenty" days after petition filed and added provisions re waiver of right to notice; P.A. 75-420 substituted commissioner of social services for welfare commissioner in Subdiv. (4); P.A. 76-436 substituted superior court for juvenile court, effective July 1, 1978; P.A. 77-614 replaced social services commissioner with commissioner of human resources in Subdiv. (4), effective January 1, 1979; P.A. 79-592 extended provisions re notice to child's father to require notice if his name appears on birth certificate or if he has filed a claim for paternity, substituted (as did P.A. 79-631) commissioner of children and youth services for commissioner of human resources in Subdiv. (4) and deleted provision re waiver of notice; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 80-483 made technical correction; June Sp. Sess. P.A. 83-11 amended Subsec. (b) to provide that if the recipient of the notice is "a person described in subdivision (1) or (2) of this subsection" the notice shall inform him of his right to counsel and that counsel will be appointed for him if he is unable to pay for counsel, and amended Subsecs. (b) and (c) to replace provision that notice of the hearing shall be given by registered or certified mail or by publication if the address or location of the person is unknown with the requirement that notice of the hearing "and a copy of the petition" shall be "personally served" and if personal service cannot be effected then notice may be given by registered or certified mail or by publication in a newspaper in the place of the reasonably ascertainable address of the parent or, if no address is known, in the place where the termination petition has been filed, effective April 1, 1984; P.A. 84-449 amended Subsec. (b) by providing that if the recipient of the notice is "any other person whose parental rights are sought to be terminated in the petition" the notice shall contain a statement re representation by and payment for counsel and by adding provision that "the reasonable compensation for such counsel shall be established by, and paid from funds appropriated to, the judicial department," and amended Subsec. (c) by requiring notice of the hearing and a copy of the petition to be served "by certified mail, return receipt requested, on the commissioner of children and youth services", adding "return receipt requested" and replacing "reasonably ascertainable" with "last-known"; P.A. 85-335 amended Subsec. (c) by requiring personal service of persons within the state and service by certified mail, return receipt requested, for any person out of the state, and changing "parent" to "person to be notified"; P.A. 86-264 amended Subsec. (c) by requiring service by registered or certified mail if address of any person entitled to personal service is unknown and added Subsec. (d) permitting notice by certified mail, return receipt requested, to parent or father of child born out of wedlock who is petitioner or who waives personal service, and notice by publication if such delivery cannot reasonably be affected or if whereabouts of parents are unknown; Sec. 45-61d transferred to Sec. 45a-716 in 1991; P.A. 92-118 amended Subsec. (b) by adding provision re compensation of counsel appointed for respondent parent or child in a probate matter; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-170 amended Subsec. (b) to require notice to putative father named in petition as father of minor child by mother; P.A. 96-130 made technical changes in Subsecs. (b) and (c); P.A. 96-170 amended Subsec. (b) by changing funding of compensation of counsel from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 99-84 amended Subsec. (d) by deleting "oath" and inserting "penalty of false statement"; P.A. 00-137 amended Subsec. (c) by adding provisions re service at the person's usual place of abode; P.A. 00-196 made a technical change in Subsec. (b); P.A. 04-128 amended Subsec. (a) by adding provision re time for hearing petition for termination of parental rights based on consent; P.A. 04-257 made technical changes, effective June 14, 2004.

Annotations to former section 45-61d:

Cited. 182 C. 545, 551. Cited. 187 C. 431, 436.

Cited. 22 CA 656, 661.

Cited. 36 CS 94, 95.

Former Subdiv. (2):

Subdiv. (A) cited. 175 C. 527, 532.

Subsec. (b):

Subdiv. (3) cited. 188 C. 259, 265. Subdiv. (4) cited. 22 CA 656, 661. Subdiv. (1): Improper to commence termination proceeding in absence of respondent and his counsel. 23 CA 207, 212.

Cited. 41 CS 23, 27.

Annotations to present section:

Subsec. (a):

Cited. 234 C. 194, 202.

Subsec. (b):

Cited. 224 C. 263, 296. Cited. 234 C. 194, 202.

Subsec. (c):

Cited. 224 C. 263, 269.

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 Court of Probate under section 45a-715, or filed in the Superior Court under section 17a-112, or transferred to the Superior Court from the Court of Probate under section 45a-715, any party to whom notice was given shall have the right to appear and be heard with respect to the petition. If a parent who is consenting to the termination of such parent's parental rights appears at the hearing on the petition for termination of parental rights, the court shall explain to the parent the meaning and consequences of termination of parental rights. Nothing in this subsection shall be construed to require the appearance of a consenting parent at the hearing regarding the termination of such parent's parental rights except as otherwise provided by court order.

(b) If a party appears without counsel, the court shall inform such party of the party's right to counsel and upon request, if he or she is unable to pay for counsel, shall appoint counsel to represent such party. No party may waive counsel unless the court has first explained the nature and meaning of a petition for the termination of parental rights. Unless the appointment of counsel is required under section 46b-136, the court may appoint counsel to represent or appear on behalf of any child in a hearing held under this section to speak on behalf of the best interests of the child. If the respondent parent is unable to pay for such respondent's own counsel or if the child or the parent or guardian of the child is unable to pay for the child's counsel, in the case of a Superior Court matter, the reasonable compensation of counsel appointed for the respondent parent or the child shall be established by, and paid from funds appropriated to, the Judicial Department and, in the case of a Probate Court matter, the reasonable compensation of counsel appointed for the respondent parent or the child shall be established by, and paid from funds appropriated to, the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.

(c) The court shall, if a claim for paternity has been filed in accordance with section 46b-172a, continue the hearing under the provisions of this section until the claim for paternity is adjudicated, provided the court may combine the hearing on the claim for paternity with the hearing on the termination of parental rights petition.

(d) Upon finding at the hearing or at any time during the pendency of the petition that reasonable cause exists to warrant an examination, the court, on its own motion or on motion by any party, may order the child to be examined at a suitable place by a physician, psychiatrist or licensed clinical psychologist appointed by the court. The court may also order examination of a parent or custodian whose competency or ability to care for a child before the court is at issue. The expenses of any examination if ordered by the court on its own motion shall be paid for by the petitioner or, if ordered on motion by a party, shall be paid for by the party moving for such an examination unless such party or petitioner is unable to pay such expenses in which case, they shall be paid for by funds appropriated to the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, such expenses shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund. The court may consider the results of the examinations in ruling on the merits of the petition.

(e) (1) The court may, and in any contested case shall, request the Commissioner of Children and Families or any child-placing agency licensed by the commissioner to make an investigation and written report to it, within ninety days from the receipt of such request. The report shall indicate the physical, mental and emotional status of the child and shall contain such facts as may be relevant to the court's determination of whether the proposed termination of parental rights will be in the best interests of the child, including the physical, mental, social and financial condition of the biological parents, and any other factors which the commissioner or such child-placing agency finds relevant to the court's determination of whether the proposed termination will be in the best interests of the child. (2) If such a report has been requested, upon the expiration of such ninety-day period or upon receipt of the report, whichever is earlier, the court shall set a day for a hearing not more than thirty days thereafter. The court shall give reasonable notice of such adjourned hearing to all parties to the first hearing, including the child, if over fourteen years of age, and to such other persons as the court shall deem appropriate. (3) The report shall be admissible in evidence, subject to the right of any interested party to require that the person making it appear as a witness, if available, and subject himself to examination.

(f) At the adjourned hearing or at the initial hearing where no investigation and report has been requested, the court may approve a petition for termination of parental rights based on consent filed pursuant to this section terminating the parental rights and may appoint a guardian of the person of the child, or if the petitioner requests, the court may appoint a statutory parent, if it finds, upon clear and convincing evidence that (1) the termination is in the best interest of the child and (2) such parent has voluntarily and knowingly consented to termination of the parent's parental rights with respect to such child. If the court denies a petition for termination of parental rights based on consent, it may refer the matter to an agency to assess the needs of the child, the care the child is receiving and the plan of the parent for the child. Consent for the termination of the parental right of one parent does not diminish the parental rights of the other parent of the child nor does it relieve the other parent of the duty to support the child.

(g) At the adjourned hearing or at the initial hearing where no investigation and report has been requested, the court may approve a petition terminating the parental rights and may appoint a guardian of the person of the child, or, if the petitioner requests, the court may appoint a statutory parent, if it finds, upon clear and convincing evidence, that (1) the termination is in the best interest of the child, and (2) (A) the child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child; (B) the child has been denied, by reason of an act or acts of parental commission or omission, including, but not limited to sexual molestation and exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for the child's physical, educational, moral or emotional well-being. Nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights; (C) there is no ongoing parent-child relationship which is defined as the relationship that ordinarily develops as a result of a parent having met on a continuing, day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of the parent-child relationship would be detrimental to the best interests of the child; (D) the parent of a child who (i) has been found by the Superior Court or the Probate Court to have been neglected or uncared for in a prior proceeding, or (ii) is found to be neglected or uncared for and has been in the custody of the commissioner for at least fifteen months and such parent has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b-129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child; (E) the parent of a child, under the age of seven years who is neglected or uncared for, has failed, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable amount of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families; (F) the parent has killed through deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent; or (G) the parent was convicted as an adult or a delinquent by a court of competent jurisdiction of sexual assault resulting in the conception of a child except for a violation of section 53a-71 or 53a-73a provided the court may terminate such parent's parental rights to such child at any time after such conviction.

(h) Except in the case where termination is based on consent, in determining whether to terminate parental rights under this section, the court shall consider and shall make written findings regarding: (1) The timeliness, nature and extent of services offered, provided and made available to the parent and the child by a child-placing agency to facilitate the reunion of the child with the parent; (2) the terms of any applicable court order entered into and agreed upon by any individual or child-placing agency and the parent, and the extent to which all parties have fulfilled their obligations under such order; (3) the feelings and emotional ties of the child with respect to the child's parents, any guardian of the child's person and any person who has exercised physical care, custody or control of the child for at least one year and with whom the child has developed significant emotional ties; (4) the age of the child; (5) the efforts the parent has made to adjust such parent's circumstances, conduct or conditions to make it in the best interest of the child to return the child to the parent's home in the foreseeable future, including, but not limited to, (A) the extent to which the parent has maintained contact with the child as part of an effort to reunite the child with the parent, provided the court may give weight to incidental visitations, communications or contributions and (B) the maintenance of regular contact or communication with the guardian or other custodian of the child; and (6) the extent to which a parent has been prevented from maintaining a meaningful relationship with the child by the unreasonable act or conduct of the other parent of the child, or the unreasonable act of any other person or by the economic circumstances of the parent.

(i) If the parental rights of only one parent are terminated, the remaining parent shall be sole parent and, unless otherwise provided by law, guardian of the person.

(j) In the case where termination of parental rights is granted, the guardian of the person or statutory parent shall report to the court within thirty days of the date judgment is entered on a case plan, as defined by the federal Adoption Assistance and Child Welfare Act of 1980, as amended from time to time, for the child. At least every three months thereafter, such guardian or statutory parent shall make a report to the court on the implementation of the plan. The court may convene a hearing upon the filing of a report and shall convene a hearing for the purpose of reviewing the plan no more than twelve months from the date judgment is entered or from the date of the last permanency hearing held pursuant to subsection (k) of section 46b-129 if the child or youth is in the care and custody of the Commissioner of Children and Families, whichever is earlier, and at least once a year thereafter until such time as any proposed adoption plan has become finalized. If the Commissioner of Children and Families is the statutory parent for the child, at such a hearing the court shall determine whether the department has made reasonable efforts to achieve the permanency plan.

(P.A. 73-156, S. 7; P.A. 74-164, S. 6, 20; P.A. 75-420, S. 4, 6; P.A. 76-436, S. 644, 681; P.A. 77-614, S. 521, 610; P.A. 79-592, S. 3; 79-631, S. 79, 111; P.A. 80-476, S. 146; P.A. 82-202, S. 2; P.A. 83-387, S. 2; 83-478, S. 2; June Sp. Sess. P.A. 83-11, S. 2, 4; P.A. 84-171, S. 6, 7; 84-449, S. 4, 7; P.A. 90-31, S. 5, 9; P.A. 93-91, S. 1, 2; 93-193, S. 2; P.A. 94-81, S. 2; P.A. 95-238, S. 5; 95-316, S. 8; P.A. 96-130, S. 7; 96-170, S. 7, 23; 96-246, S. 19; P.A. 97-90, S. 5, 6; P.A. 98-241, S. 9, 18; P.A. 00-75, S. 2; 00-137, S. 12; P.A. 01-159, S. 6.)

History: P.A. 74-164 specified applicability of provisions to hearings for termination of parental rights filed in probate court, brought to juvenile court or transferred to juvenile court, specified that hearing be not more than thirty days after receipt of report or expiration of ninety-day period, added proviso re waiver of requirement that one year of abandonment has expired in Subdiv. (1), deleted similar proviso in Subdiv. (2) where court could waive one-year requirement if it found that child under age of three because of his age "has a greater vulnerability to damage from the circumstances of his present situation", added Subdiv. (3) where there are no identifiable acts of parental commission or omission but court sees no ongoing parent-child relationship and to continue the situation to allow for establishment or reestablishment of such relationship would be detrimental to child, deleted provision whereby court could approve termination where parent without custody unreasonably withholds consent "contrary to the best interest of the child", and added provisions specifying that when one parent's rights are terminated, the remaining parent is sole parent and natural guardian and specifying court's power to terminate rights of parent or putative father if such person consents to the termination and waives notice; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 76-436 replaced juvenile court with superior court, effective July 1, 1978; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-592 added provisions re effect of claim for paternity on proceedings and, with P.A. 79-631, replaced human resources commissioner with commissioner of children and youth services; P.A. 80-476 divided section into Subsecs. and rephrased and reordered provisions; P.A. 82-202 amended Subsec. (d) by requiring finding upon standard of "clear and convincing evidence"; P.A. 83-387 inserted a new Subsec. (e) to require the court to consider and make written findings concerning certain factors in its determination of whether to terminate parental rights, and relettered the remaining subsection accordingly; P.A. 83-478 amended Subsec. (d) to rephrase the grounds for termination, to provide that "nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights", to require the court to find in connection with any of the grounds, rather than just the abandonment ground, that the termination is in the best interests of the child and that the condition causing termination has existed for not less than one year, and to authorize the court to waive the requirement that one year expire prior to the termination of parental rights, but because of omission from June special session act, was effective only from October 1, 1983, through March 31, 1984, that is, until June act's effective date of April 1, 1984; June Sp. Sess. P.A. 83-11 inserted a new Subsec. (b) re the appointment and payment of counsel, inserted a new Subsec. (d) re an examination of the child, parent or custodian and the payment for such examination, and relettered the intervening and remaining subsections accordingly, effective April 1, 1984; P.A. 84-171 amended Subsec. (f) to restore amendment made by P.A. 83-478; P.A. 84-449 substantially revised and rephrased section adding provisions re the procedure for termination of parental rights based on consent and revising provisions for the appointment and payment of counsel and the ordering of and payment for an examination of the child; P.A. 90-31 amended Subsec. (b) by adding provision that in the case of a probate court matter, reasonable compensation of counsel appointed for the parent or child shall be established by the probate court administrator and paid from the probate court administration fund and amended Subsec. (d) by adding provision that expenses in a probate court matter shall be paid from the probate court administration fund; Sec. 45-61f transferred to Sec. 45a-717 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-193 amended Subsec. (g) by adding provision re abandonment of a child under the age of six months as evidence that waiver necessary to promote best interest of child and requiring department to file affidavit indicating efforts used to locate parent; P.A. 94-81 amended Subsec. (k) by specifying that ninety-day deadline for initial reports begins on date judgment is entered, by specifying that guardian or statutory parent to make subsequent report and requiring the court to convene hearing for review of plan no more than fifteen months from date judgment is entered and at least once a year thereafter; P.A. 95-238 amended Subsec. (f) by adding Subdiv. (4) re unregenerate parents, amended Subsec. (g) by adding Subdiv. (2) re children under age seven and made technical changes; P.A. 95-316 amended Subsec. (k) by deleting reference to applicability in cases where termination of parental rights is "based on consent"; P.A. 96-130 made technical changes to Subsecs. (a), (b), (e), (f), (h) and (k); P.A. 96-170 amended Subsecs. (b) and (d) by changing funding of compensation of counsel and examination from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 96-246 revised section, amending Subsec. (f) to include granting of petitions based on consent and procedure when denial of petition based on consent, amending Subsec. (g) re grounds for granting termination petition, appointment of guardian or statutory parent and amending Subsec. (i) by adding "and made available" after "provided." (Revisor's note: In Subsec. (g) the word "which" was inserted editorially by the Revisors in the phrase "... and (2) over an extended period of time, except as provided in subsection (h) of this section, which shall not be less than one year ..."); P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 98-241 amended Subsec. (g) by adding "including, but not limited to sexual molestation and exploitation, severe physical abuse or a pattern of abuse", amended Subdiv. (2) of Subpara. (D) re finding of neglect of child in custody for at least fifteen months and parent has been provided specific steps to facilitate return of child, added Subparas. (F) and (G) re serious bodily harm or death of sibling or conviction of parent of sexual assault resulting in conception of child, and deleted Subsec. (h) re conditions for waiving time limit in Subsec. (g), effective July 1, 1998; P.A. 00-75 amended Subsec. (g)(2)(D)(i) by adding "or the Probate Court"; P.A. 00-137 amended Subsec. (g)(2) by making technical changes in Subpara. (D) and by adding "as an adult or a delinquent" and proviso that court may terminate parent's parental rights at any time after conviction in Subpara. (G); P.A. 01-159 amended Subsec. (j) by requiring report thirty days after judgment re case plan and at least every three months thereafter re progress made on implementation of plan, adding provision that court may convene hearing on filing of report, requiring hearing for purpose of reviewing plan to convene not more than twelve months from judgment or date of last permanency hearing, and adding provision that at the hearing, the court shall determine whether department has made reasonable efforts to achieve permanency plan.

See Sec. 17a-112 re termination of parental rights of child committed to Commissioner of Children and Families.

Annotations to former section 45-61f:

Cited. 175 C. 527, 532. Held not to be unconstitutionally vague and not an impermissible delegation of unfettered discretion. 179 C. 155, 156, 162, 163, 165-169, 172. Cited. 182 C. 545, 551. Cited. 187 C. 431, 434, 441. Cited. 198 C. 138, 140.

Cited. 3 CA 184-187. Cited. Id., 194, 199. Cited. 6 CA 360, 362. Cited. 8 CA 92, 96. Cited. 11 CA 507, 508. Cited. 14 CA 805. Cited. 24 CA 135, 138. Cited. 25 CA 586, 588, 595; judgment reversed, see 223 C. 492 et seq. Cited. 29 CA 112, 129.

Cited. 36 CS 94, 95. Cited. 40 CS 316.

Former Subdiv. (2):

Cited. 179 C. 155, 164, 165.

Subsec. (a):

Cited. 188 C. 259, 265, 266.

Subsec. (c):

Cited. 192 C. 254, 256.

Cited. 3 CA 184, 192. Subdiv. (3) cited. Id.

Subsec. (d):

Subdiv. (1) cited. 187 C. 431, 441. Cited 192 C. 254, 257, 262, 265. Subdiv. (2) cited. Id., 254, 262, 266, 268. Cited. 196 C. 18, 25.

Subdiv. (2) cited. 3 CA 184, 192; Id., 194, 195, 200. Subdiv. (4) cited. Id., 194, 195. Cited. 9 CA 490, 493.

Subsec. (e):

Cited. 196 C. 18, 31.

Cited. 13 CA 23, 27.

Subsec. (f):

Cited. 217 C. 459, 465, 466, 468. Subdiv. (3) cited. Id., 459-464, 467, 470, 474, 475.

Subdiv. (2) cited. 6 CA 360, 362. Cited. 9 CA 598, 599. Cited. 14 CA 805, 806. Cited. 21 CA 226, 232, 233. Subdiv. (2) cited. Id., 226, 228. Subdiv. (3) cited. Id. Subdiv. (1) cited. Id., 226, 228, 233. Subdiv. (2) cited. 24 CA 135, 136, 143.

Cited. 40 CS 316, 323, 324.

Subsec. (g):

Cited. 9 CA 813.

Subsec. (h):

Cited. 215 C. 277, 282.

Cited. 21 CA 226, 234.

Cited. 40 CS 316, 325.

Annotations to present section:

Cited. 223 C. 492, 494, 497, 498, 515, 516, 519, 523, 525. Cited. 234 C. 194, 206-208.

Cited. 24 CA 135, 138. Cited. 25 CA 586, 588, 595; judgment reversed, see 223 C. 492 et seq. Cited. 29 CA 600, 602, 603, 615, 618. Cited. 35 CA 490, 496.

Cited. 44 CS 169, 176, 182.

Subsec. (b):

Cited. 223 C. 557, 569.

Subsec. (d):

Cited. 234 C. 194, 203.

Cited. 39 CA 353, 369.

Subsec. (e):

Cited. 234 C. 194, 198. Subdiv. (1) cited. Id., 194, 201, 203, 208, 215. Incorrectly cited as "45a-117(e)(1)". 44 CS 551.

Subdiv. (1) Cited. 34 CA 176, 181, 183.

Subsec. (f):

Cited. 217 C. 459, 465, 466, 468. Subdiv. (3) cited. Id., 459-464, 467, 470, 474, 475. Subdiv. (2) cited. 223 C. 492, 494, 498, 499, 505, 510, 512-515, 523-526. Subdiv. (3): Cannot be read together with Sec. 46b-129 so as to permit custody determinations made under that statute to lead directly to the termination determination made under this section; judgment of appellate court in In re Valerie D., 25 CA 586, reversed. Id., C. 492, 496, 498, 499, 517, 531-533, 535. Cited. Id., 492, 499, 511, 517. Subdiv. (1) cited. Id., 492, 517. Cited. 234 C. 194-196, 201, 203, 204, 206, 213, 215. Subdiv. (1) cited. Id., 194, 204. Subdiv. (2) cited. Id. Subdiv. (3) cited. Id.

Subdiv. (2) cited. 24 CA 135, 136, 143. Subdiv. (3) cited. 25 CA 586, 594A, 595; judgment reversed, see 223 C. 492 et seq. Subdiv. (2) cited. 29 CA 600, 603, 608, 613-616. Subdiv. (3) cited. Id., 600, 603, 608, 616, 617. Cited. Id., 176, 181. Trial court determination to terminate parental rights upheld. 49 CA 541.

Cited. 44 CS 169, 176.

Subsec. (g):

Cited. 223 C. 492, 498, 499, 517.

Cited. 29 CA 600, 609.

Subsec. (h):

Cited. 234 C. 194, 204, 205, 216. Subdiv. (6) cited. Id., 194, 205, 216.

Cited. 34 CA 176, 182. Cited. 40 CA 675, 685.

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 Court of Probate shall appoint a statutory parent for the child upon petition for appointment of a statutory parent by the guardian of the person of the child or a duly authorized officer of any child care facility or child-placing agency. The petition shall be filed in the court of probate for the district in which the petitioner or child resides or in the district in which the main office or any local office of the petitioner or the proposed statutory parent is located. The statutory parent shall be the Commissioner of Children and Families or a child-placing agency. Notice of the proceeding shall be sent to the guardian of the person, the child, if over the age of twelve, the applicant, the Commissioner of Children and Families and the proposed statutory parent by registered or certified mail or otherwise, at least ten days before the date of the hearing. Notice is not required for any party who files in court a written waiver of notice.

(b) The statutory parent shall be the guardian of the person of the child, shall be responsible for the welfare of the child and the protection of his interests and shall retain custody of the child until he attains the age of eighteen unless, before that time, he is legally adopted or committed to the Commissioner of Children and Families or a licensed child-placing agency.

(c) Any statutory parent may resign or be removed for good cause shown. Upon filing of an application for the removal of a statutory parent or filing of a resignation of a statutory parent in the court of probate in which the statutory parent was appointed, the court shall schedule a hearing, on the removal application or resignation. Notice of such hearing shall be sent in accordance with section 45a-716, except that notice need not be sent to any parties whose rights have previously been terminated. At the hearing the court may accept the resignation, remove the statutory parent, or deny the application for removal. If a statutory parent is removed or resigns, the court of probate shall appoint a new statutory parent or a guardian of the person.

(P.A. 73-156, S. 9; P.A. 74-164, S. 8, 20; P.A. 75-420, S. 4, 6; P.A. 77-604, S. 53, 84; 77-614, S. 521, 610; P.A. 79-631, S. 80, 111; P.A. 80-476, S. 147; P.A. 86-194; P.A. 87-589, S. 12, 87; P.A. 93-91, S. 1, 2; P.A. 95-349, S. 5.)

History: P.A. 74-164 applied provisions to cases where child is free for adoption rather than to cases "where parental rights have been terminated", added notice provisions and added Subsec. (b) re resignation or removal of statutory parent; P.A. 75-420 replaced welfare commissioner with commissioner of social services in Subsec. (a); P.A. 77-604 replaced social services commissioner with commissioner of children and youth services, while P.A. 77-614 replaced social services commissioner with human resources commissioner, effective January 1, 1979; P.A. 79-631 resolved conflict in favor of P.A. 77-604; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 86-194 amended Subsec. (a) by adding provision re petition for appointment of statutory parent and deleting prior reference to appointments made under Sec. 45-61c; P.A. 87-589 required that notice be given to children over twelve, rather than fourteen, years of age in Subsec. (a); Sec. 45-61h transferred to Sec. 45a-718 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-349 amended Subsec. (a) by substituting "child care facility" for "child care agency".

Annotations to former section 45-61h:

Cited. 198 C. 138, 145, 146.

Cited. 41 CS 23, 30.

Annotation to present section:

Cited. 45 CS 33.

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 petition for a new trial on the issue of the termination of parental rights, provided the court shall consider the best interest of the child, except that no such motion or petition may be granted if a final decree of adoption has been issued prior to the filing of any such motion or petition. Any person who has legal custody of the child or who has physical custody of the child pursuant to an agreement, including an agreement with the Department of Children and Families or a licensed child-placing agency, may provide evidence to the court concerning the best interest of the child at any hearing held on the motion to reopen or set aside a judgment terminating parental rights. For the purpose of this section, "best interest of the child" shall include, but not be limited to, a consideration of the age of the child, the nature of the relationship of the child with the caretaker of the child, the length of time the child has been in the custody of the caretaker, the nature of the relationship of the child with the birth parent, the length of time the child has been in the custody of the birth parent, any relationship that may exist between the child and siblings or other children in the caretaker's household, and the psychological and medical needs of the child. The determination of the best interest of the child shall not be based on a consideration of the socio-economic status of the birth parent or the caretaker.

(P.A. 93-91, S. 1, 2; 93-170, S. 1.)

History: P.A. 93-91 authorized substitution of commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993.

Secs. 45a-720 to 45a-723. Reserved for future use.

PART III*
ADOPTION

*Sec. 45a-725 et seq. cited. 46 CA 69.

Sec. 45a-724-45a-737 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 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 or she 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 parental rights, if any, of any person other than the parties to such agreement have been terminated.

(3) 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 one other person who shares parental responsibility for the child with such parent that the other person shall adopt or join in the adoption of the child, if the parental rights, if any, of any other person other than the parties to such agreement have been terminated.

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