Sec. 45a-764. (Formerly Sec. 45-69d). Powers of Adoption Review Board. Notice and hearing.
Sec. 45a-764. (Formerly Sec. 45-69d). Powers of Adoption Review Board. Notice and hearing. (a) Notwithstanding the provisions of section 45a-727, the Adoption
Review Board may, upon application, notice and hearing as hereinafter provided, for
cause shown that it is in the best interests of the minor child, waive the requirement that
the minor child be placed by the Commissioner of Children and Families or a child-placing agency.
(b) Any judge of probate who has had presented to him an application for adoption
which may not proceed because the child has not been so placed may apply in writing
to the Adoption Review Board for a waiver of such requirement.
(c) Upon receipt of the application, the chairman of the board shall set a time and
place for a hearing and cause notice to be sent by registered or certified mail to the judge
of probate and to all parties entitled to notice in the adoption proceeding.
(d) The hearing shall be held not less than ten days nor more than thirty days after
the receipt of the application. The parties entitled to notice shall be given notice at least
ten days prior to the hearing.
(e) Any party to the adoption proceedings shall have the right to present such evidence as is deemed necessary and relevant to the board. After hearing the evidence the
board may deny the application or approve the application in which case the chairman
shall notify the court of probate that the adoption may proceed and that the requirement
of placement by the Commissioner of Children and Families or a child-placing agency
is waived.
(f) If the court of probate thereafter grants the adoption application, there shall be
included in the decree a finding that the placement requirements of section 45a-727
have been waived by the Adoption Review Board.
(g) No such waiver may be granted if the board determines that the adoption proceeding would violate the public policy of the state against the obtaining of children by
illegal means for adoption purposes.
(P.A. 75-163, S. 2; P.A. 80-476, S. 172; P.A. 93-91, S. 1, 2.)
History: P.A. 80-476 divided section into Subsecs. and made minor changes in wording; Sec. 45-69d transferred to
Sec. 45a-764 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.
Section does not give board authority to consider an application for waiver of placement requirement if underlying
adoption application is not supported by a statutory parent adoption agreement. 247 C. 474.
Cited. 45 CS 33.