Conn. Gen. Stat. § 45a-716

Current with legislation from the 2023 Regular and Special Sessions.

Section 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 Probate Court, or the Superior Court on a case transferred to it from the Probate Court 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 minor child, if age twelve or older;

(2) the parent or parents of the minor child, including any parent who has been removed as guardian;

(3) the alleged genetic parent of any minor child born to parents not married to each other, provided at the time of the filing of the petition (A) the alleged genetic parent has been adjudicated the parent of such child by a court of competent jurisdiction, (B) the alleged genetic parent has acknowledged in writing that the alleged genetic parent is the parent of such child, (C) the alleged genetic parent has contributed regularly to the support of such child, (D) the name of the alleged genetic parent appears on the birth certificate, (E) the alleged genetic parent has filed a claim for parentage as provided under section 46b-172a, or (F) the alleged genetic parent has been named in the petition as the parent of the child by the parent who gave birth;

(4) the guardian or any other person whom the court deems appropriate;

(5) the Commissioner of Children and Families; and

(6) 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 (2) or (3) 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 shall 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 not less than 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 not less than 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 Probate Court, in lieu of personal service on, or at the usual place of abode of, an alleged genetic parent of a child born to parents not married to each other 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 not less than 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.

Conn. Gen. Stat. § 45a-716

(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.)

Amended by P.A. 21-0015,S. 107 of the Connecticut Acts of the 2021 Regular Session, eff. 1/1/2022.

Amended by P.A. 21-0040,S. 47 of the Connecticut Acts of the 2021 Regular Session, eff. 10/1/2021.

Amended by P.A. 19-0047,S. 7 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.

Annotations to former section 45-61d: Cited. 175 Conn. 527; 182 Conn. 545; 187 C. 431; 188 C. 259. Cited. 22 CA 656. Improper to commence termination proceeding in absence of respondent and his counsel. 23 CA 207. Cited. 36 CS 94; 41 CS 23. Annotations to present section: Cited. 224 Conn. 263; 234 Conn. 194. In action for the termination of parental rights, the court did not deny respondent her procedural due process rights when conducting a trial on the merits with only her counsel present as the court still required petitioner to prove by clear and convincing evidence not only the grounds for termination, but that it was in the child's best interest for respondent's parental rights to be terminated. 111 CA 210. Subsec. (b): Subdiv. (1): Although provision supports father's argument that he was a legally necessary party with right of confrontation, it does not require that the court or petitioner repeatedly attempt to locate a properly served, nonappearing, defaulted respondent throughout a hearing nor require that a new trial be ordered when a nonappearing, defaulted respondent is incarcerated after the beginning of a hearing, makes no attempt to contact the court and is later located by petitioner. 117 CA 521. Subsec. (c): Constructive notice by publication in Miami newspaper that had the widest circulation in Florida was not inadequate notice; respondent failed to show that publication in an Orlando area newspaper, where two calculated notification efforts had failed, would have provided him with notice of the termination proceedings. 159 CA 513.