Rule 42 - Children's Matters: Overlapping Jurisdiction in Probate Court and Superior Court for Juvenile MattersSection 42.1 Prior pending matter in Superior Court for Juvenile MattersIf a matter concerning a minor is pending in the Superior Court for Juvenile Matters before a petition is filed in a Probate Court concerning the same minor, the Probate Court shall dismiss the petition.
Section 42.2 Prior pending matter in Probate Court(a) If a matter concerning a minor is pending in a Probate Court before the filing of a petition in the Superior Court for Juvenile Matters concerning the same minor, the commissioner of children and families and any party having knowledge of the pending matters shall immediately give written notice to each court that the matters are pending in both courts.(b) On notification that the Superior Court has a pending matter concerning a minor for whom there was a prior pending matter in a Probate Court, the judges of the two courts shall communicate to determine which court should proceed, which court should dismiss the matter and whether the dismissal should be without prejudice. The courts may allow the parties to participate in the communication.(c) The courts shall arrange for an audio recording or stenographic record of a communication made under subsection (b). The parties shall be promptly informed of the communication and may, on payment of applicable charges, obtain a copy of the audio recording or transcript of the communication.(d) The courts may communicate on scheduling, calendars, court records and other administrative issues without making a record and without informing the parties of the communication. (Probate Court Rules, rules 19 and 65.)
Section 42.3 When Probate Court grants custody or guardianship to commissioner of children and familiesIf a Probate Court appoints the commissioner of children and families as temporary custodian or guardian of the person of a minor, the commissioner shall immediately file a petition under C.G.S. section 46b-129 in the Superior Court for Juvenile Matters and notify the Probate Court of the filing. The Superior Court shall assume jurisdiction. The Probate Court shall defer further action and dismiss the matter on issuance of a Superior Court order regarding custody of the minor.
(C.G.S. sections 45a-607 and 45a-610.)
Section 42.4 Emergency action by the commissioner of children and families when prior pending matter in Probate Court(a) If the commissioner of children and families determines that exigent circumstances necessitate a 96-hour hold or a motion for an order of temporary custody in the Superior Court for Juvenile Matters for a minor for whom a matter is pending in a Probate Court, the commissioner shall immediately notify the Probate Court of the commissioner's action and report to the Probate Court the outcome of the temporary custody hearing in the Superior Court under C.G.S. section 46b-129.(b) If the Superior Court grants the motion for an order of temporary custody under subsection (a), the Probate Court shall dismiss the matter. (C.G.S. section 17a-101g; Probate Court Rules, rule 19.)
Section 42.5 Safety and service agreement(a) If the Probate Court becomes aware that a family member has entered into a safety and service agreement with the commissioner of children and families for a minor for whom the court has a pending matter, the court shall contact a social worker or supervisor in the Department of Children and Families to determine whether the commissioner intends to file a petition regarding the minor in the Superior Court for Juvenile Matters.(b) If the commissioner indicates that the commissioner does not plan to file a petition regarding the minor in the Superior Court, the Probate Court shall proceed to hear and decide the matter.(c) If the commissioner indicates that the commissioner plans to file a petition in the Superior Court, the commissioner shall file the petition not later than eight days after informing the Probate Court of the intended action and notify the Probate Court of the filing. The Probate Court may hear and decide a pending petition for temporary custody before receipt of notification that the petition has been filed in the Superior Court. On receipt of notification that the petition has been filed in the Superior Court, the Probate Court shall defer further action and dismiss the matter on issuance of a Superior Court order regarding custody of the minor.(d) If the commissioner fails to file a petition within eight days of informing the Probate Court of the intention to file, the Probate Court shall proceed to hear and decide the matter. (Probate Court Rules, rule 19.)
Rule 42 adopted effective 7/1/2013. Section 42.2 amended effective 1/1/2020.