Conn. Gen. Stat. § 45a-715

Current with legislation from the 2024 Regular and Special Sessions.

Section 45a-715 - (Formerly Sec. 45-61c). Petition to terminate parental rights. Cooperative postadoption agreements

(a) Any of the following persons may petition the Probate Court 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 Probate Court for the district in which (1) the petitioner resides, (2) the child resides, is domiciled or is located at the time of the filing of the petition, or (3) in the case of a minor who is under the guardianship of any child care facility or child-placing agency, in the Probate Court for the district in which any 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 (3) 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 Probate Court, the Probate Court shall, on the motion of any legal party except the petitioner, or may on its own motion or that of the petitioner, transfer the case to the Superior Court in accordance with rules adopted by the judges of the Supreme 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 a Regional Children's Probate Court established pursuant to section 45a-8a. If the case is transferred, the clerk of the Probate Court shall transmit to the clerk of the Superior Court or the Regional Children's Probate Court to which the case was transferred, the original files and papers in the case. The Superior Court or the Regional Children's 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) An order terminating parental rights has not yet been entered; and

(2) 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 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.

(o) For any child who is the subject of a petition for adoption under this chapter, the court shall consider the appropriateness of postadoption communication or contact with a sibling of such child, including, but not limited to, visitation, written correspondence or telephone calls. If the court determines such postadoption communication or contact is in the best interest of the child, the court shall order that such child have access to and visitation rights with such sibling until the child reaches eighteen years of age.

(p) The court shall consider the following factors in determining whether postadoption communication or contact with a sibling is in the best interest of the child:

(1) The age of the child and his or her sibling;

(2) the extent of the existing relationship between the child and his or her sibling;

(3) the physical, emotional and psychological needs, including any special needs, and stability of the child and his or her sibling;

(4) the child's opinion and the opinion of his or her sibling regarding such postadoption communication or contact;

(5) the opinion of the adoptive parent regarding such postadoption communication or contact;

(6) opinions of experts, including any individuals who may have provided services to the child or his or her sibling;

(7) the long-term plans for the child and his or her sibling; and

(8) any relevant logistical concerns.

(q) Any determination of the court pursuant to subsection (o) of this section shall be included in the final adoption order, but such determination shall not affect the validity of the adoption. Nothing in this subsection shall limit the authority of the court to enforce its orders in any manner permitted by law.

(r) An adoptive parent may, at any time, petition the court to review its determination regarding postadoption communication or contact between a child and his or her sibling. Upon receiving such petition, the court shall conduct a review of its determination using the factors listed in subsection (p) of this section and may order the communication or contact to be terminated or modified if the court determines that such termination or modification is in the best interest of the child. If any dispute arises pursuant to such review, the court may order the parties to engage in mediation.

(s) The court shall not, pursuant to the review required under subsection (r) of this section, increase communication or contact between the adopted child and his or her sibling unless the court (1) receives consent from the adoptive parent; and (2) inquires about and considers the opinion of the child regarding such increase.

Conn. Gen. Stat. § 45a-715

(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; P.A. 12-66, S. 10; P.A. 15-199, S. 18; P.A. 16-7, S. 7; 16-28, S. 9; P.A. 17-136, S. 8.)

Amended by P.A. 19-0047,S. 16 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.

Amended by P.A. 17-0136, S. 8 of the Connecticut Acts of the 2017 Regular Session, eff. 10/1/2017.

Amended by P.A. 16-0007, S. 7 of the Connecticut Acts of the 2016 Regular Session, eff. 10/1/2016.

Amended by P.A. 15-0199, S. 18 of the Connecticut Acts of the 2015 Regular Session, eff. 10/1/2015.

Amended by P.A. 12-0066, S. 10 of the the 2012 Regular Session, eff. 1/1/2013.

Annotations to former section 45-61c: Cited. 179 C. 155; 182 Conn. 545; 192 Conn. 254; 214 Conn. 560. Cited. 8 Conn.App. 92; 13 CA 626; 21 Conn.App. 226. Annotations to present section: Cited. 234 Conn. 194. Cited. 34 CA 176. 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): No statutory requirement that Department of Children and Families file treatment plan as a condition precedent to filing of termination petition; administrative hearing officer in department has no authority to hear or determine a petition for termination of parental rights; in termination proceeding, burden is on department to prove by clear and convincing evidence that sufficient grounds exist for termination and that termination would serve the best interests of the child. 49 Conn.App. 706. Termination of parental rights can proceed after death of sole petitioner if individual authorized under section to file a petition to terminate is seasonably substituted into the proceedings in place of decedent. 167 CA 428.

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