Conn. Prob. Ct. R. P. 45

As amended through April 25, 2023

Rule 45 - Proceedings for Medication and Treatment of Psychiatric Disability

Section 45.1 Confidentiality of proceeding for medication to treat psychiatric disability or shock therapy

(a) Except as provided in subsections (b) and (c), the court shall exclude a person who is not a party or attorney for a party from attending or participating in a hearing on a petition for medication for treatment of a psychiatric disability under C.G.S. section 17a-543(e), 17a-543(f), 17a-543(g) or 17a-543a or a hearing on a petition for shock therapy under C.G.S. section 17a-543(c).

(b) A conservator or guardian of the respondent shall be permitted to participate in a hearing on a petition for medication for treatment for psychiatric disability or for shock therapy.

(c) The court may:

(1) on request of the patient, permit a person to participate in the hearing;

(2) after considering any objection of the patient, permit a relative or friend who is interested in the welfare of the patient to participate in the hearing; and

(3) permit a witness to attend any part of the hearing.

(C.G.S. sections 17a-500(a) and 17a-540; Probate Court Rules, rules 16 and 63.)

Section 45.2 Audio recording of proceeding for medication to treat psychiatric disability or shock therapy

The court shall make an audio recording of each hearing on a petition for medication for treatment of a psychiatric disability under C.G.S. sections 17a-543(e), 17a-543(f), 17a-543(g) and 17a-543a and each hearing on a petition for shock therapy under C.G.S. section 17a-543(c).

(C.G.S. section 45a-645a; Probate Court Rules, rule 65.)

Section 45.3 Where to file petition for medication to treat psychiatric disability

(a) A petition under C.G.S. section 17a-543(e) alleging that a patient in a facility is incapable of giving informed consent to medication for treatment of a psychiatric disability and seeking appointment of a conservator for the patient shall be filed in a court having jurisdiction ofan involuntary conservatorship petition for the patient under C.G.S. section 45a-648(a).

(b) A petition under C.G.S. section 17a-543(e) alleging that a patient in a facility is incapable of giving informed consent to medication for treatment of a psychiatric disability and requesting that a previously appointed conservator be authorized to consent to medication shall be filed in the court:

(1) having jurisdiction over the conservator; or

(2) for the probate district in which the facility is located.

(c) A petition under C.G.S. section 17a-543(f) alleging that a patient in a facility is capable of giving informed consent to medication for treatment of a psychiatric disability but refuses to consent shall be filed in the court for the probate district in which the facility is located.

(d) A patient seeking a hearing under C.G.S. section 17a-543(g) concerning medication for treatment of a psychiatric disability shall file the petition in the court for the probate district in which the facility is located.

(C.G.S. section 17a-540.)

Section 45.4 Notice of hearing on petition for medication to treat psychiatric disability

The court shall give notice of hearing on a petition for medication for treatment of a psychiatric disability under C.G.S. section 17a-543(e), 17a-543(f) or 17a-543(g) to the patient and the facility in which the patient is being treated by certified mail and to other persons as the court directs under section 45.1 by regular mail or other reasonable means, except that the court may give notice to the facility by regular mail if the facility is the petitioner. If the petition seeks appointment of a conservator, the court shall give notice in accordance with C.G.S. section 45a-649.

(C.G.S. sections 4a-17 and 17a-540; Probate Court Rules, rule 8.)

Section 45.5 Petition for shock therapy

(a) A petition for shock therapy under C.G.S. section 17a-543(c) shall be filed in the court for the probate district in which the patient is hospitalized.

(b) The court shall give notice of hearing on the petition to the patient by personal service. The court shall give notice of the hearing to the petitioner and to other persons as the court directs under section 45.1 by regular mail or other reasonable means.

(C.G.S. section 17a-540; Probate Court Rules, rule 8.)

Conn. Prob. Ct. R. P. 45

Rule 45 adopted effective 7/1/2013. Sections 45.1, 45.2, 45.3, 45.4 and 45.5 amended effective 7/1/2015. Section 45.4 amended effective 7/1/2017. Section 45.4 amended effective 1/1/2020; Sections 45.1 and 45.2 amended effective 7/1/2022.