Sec. 45a-716. (Formerly Sec. 45-61d). Hearing on petition to terminate parental rights. Notice. Attorney General as party.
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 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 deems appropriate; (4) the Commissioner of Children and Families; and (5) the Attorney General. The Attorney General
may file an appearance and shall be and remain a party to the action if the child is
receiving or has received aid or care from the state, or if the child is receiving child
support enforcement services, as defined in subdivision (2) of subsection (b) of section
46b-231. 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,
except that 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 first class mail on
the Commissioner of Children and Families and the Attorney General. 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, or at the usual place of abode of, 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 first class mail 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;
P.A. 06-149, S. 7; P.A. 07-184, S. 5.)
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 20 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; P.A. 06-149 added Subsec. (b)(5) re Attorney General, to provide that Attorney
General may file appearance and shall be and remain a party if child is receiving or has received aid or care from the state
or is receiving child support enforcement services, and to make technical changes, and amended Subsec. (c) to add reference
to Attorney General, effective January 1, 2007; P.A. 07-184 amended Subsecs. (c) and (d) to substitute "first class mail"
for "certified mail", delete "return receipt requested" and "deliverable to addressee only", and insert "or at the usual place
of abode".
Annotations to former section 45-61d:
Cited. 182 C. 545. Cited. 187 C. 431.
Cited. 22 CA 656.
Cited. 36 CS 94.
Former Subdiv. (2):
Subdiv. (A) cited. 175 C. 527.
Subsec. (b):
Subdiv. (3) cited. 188 C. 259.
Subdiv. (1): Improper to commence termination proceeding in absence of respondent and his counsel. 23 CA 207.
Cited. 41 CS 23.
Annotations to present section:
Subsec. (a):
Cited. 234 C. 194.
Subsec. (b):
Cited. 224 C. 263.
Subsec. (c):
Cited. 224 C. 263.