(a) At the hearing held on any petition for the termination of parental rights filed in the Probate Court under section 45a-715, or filed in the Superior Court under section 17a-112, or transferred to the Superior Court from the Probate Court under section 45a-715, any party to whom notice was given shall have the right to appear and be heard with respect to the petition. If a parent who is consenting to the termination of such parent's parental rights appears at the hearing on the petition for termination of parental rights, the court shall explain to the parent the meaning and consequences of termination of parental rights. Nothing in this subsection shall be construed to require the appearance of a consenting parent at the hearing regarding the termination of such parent's parental rights except as otherwise provided by court order.(b) If a respondent parent appears without counsel, the court shall inform such respondent parent of his or her right to counsel and upon request, if he or she is unable to pay for counsel, shall appoint counsel to represent such respondent parent. No respondent parent may waive counsel unless the court has first explained the nature and meaning of a petition for the termination of parental rights. Unless the appointment of counsel is required under section 46b-136, the court may appoint counsel to represent or appear on behalf of any child in a hearing held under this section to speak on behalf of the best interests of the child. If the respondent parent is unable to pay for his or her own counsel or if the child is unable to pay for the child's counsel, in the case of a Superior Court matter, the reasonable compensation of counsel appointed for the respondent parent or the child shall be established by, and paid from funds appropriated to, the Judicial Department and, in the case of a Probate Court matter, the reasonable compensation of counsel appointed for the respondent parent or the child shall be established by, and paid from funds appropriated to, the Judicial Department, however, 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) The court shall, if a claim for parentage has been filed by an alleged genetic parent in accordance with section 46b-172a, continue the hearing under the provisions of this section until the claim for parentage is adjudicated, provided the court may combine the hearing on the claim for parentage with the hearing on the termination of parental rights petition.(d) Upon finding at the hearing or at any time during the pendency of the petition that reasonable cause exists to warrant an examination, the court, on its own motion or on motion by any party, may order the child to be examined at a suitable place by a physician, psychiatrist or licensed clinical psychologist appointed by the court. The court may also order examination of a parent or custodian whose competency or ability to care for a child before the court is at issue. The expense of any examination shall be paid for by the petitioner, respondent or the party who requested the examination in such proportion as the court determines. If a party responsible for payment is indigent, such party's share of the expense shall be paid for by funds appropriated to the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such purposes, the compensation of the physician, psychiatrist or psychologist shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund. The court may consider the results of the examinations in ruling on the merits of the petition.(e)(1) The court may, and in any contested case shall, request the Commissioner of Children and Families or any child-placing agency licensed by the commissioner to make an investigation and written report to it, within ninety days from the receipt of such request. The report shall indicate the physical, mental and emotional status of the child and shall contain such facts as may be relevant to the court's determination of whether the proposed termination of parental rights will be in the best interests of the child, including the physical, mental, social and financial condition of the biological parents, and any other factors which the commissioner or such child-placing agency finds relevant to the court's determination of whether the proposed termination will be in the best interests of the child.(2) If such a report has been requested, upon the expiration of such ninety-day period or upon receipt of the report, whichever is earlier, the court shall set a day for a hearing not more than thirty days thereafter. The court shall give reasonable notice of such adjourned hearing to all parties to the first hearing, and to such other persons as the court shall deem appropriate.(3) The report shall be admissible in evidence, subject to the right of a party to require that the person making it appear as a witness and be subject to examination.(f) At the adjourned hearing or at the initial hearing where no investigation and report has been requested, the court may approve a petition for termination of parental rights based on consent filed pursuant to this section terminating the parental rights and may appoint a guardian of the person of the child, or if the petitioner requests, the court may appoint a statutory parent, if it finds, upon clear and convincing evidence that (1) the termination is in the best interest of the child, and (2) such parent has voluntarily and knowingly consented to termination of the parent's parental rights with respect to such child. If the court denies a petition for termination of parental rights based on consent, it may refer the matter to an agency to assess the needs of the child, the care the child is receiving and the plan of the parent for the child. Consent for the termination of the parental right of one parent does not diminish the parental rights of the other parent of the child nor does it relieve the other parent of the duty to support the child.(g) At the adjourned hearing or at the initial hearing where no investigation and report has been requested, the court may approve a petition terminating the parental rights and may appoint a guardian of the person of the child, or, if the petitioner requests, the court may appoint a statutory parent, if it finds, upon clear and convincing evidence, that (1) the termination is in the best interest of the child, and (2) (A) the child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child; (B) the child has been denied, by reason of an act or acts of parental commission or omission, including, but not limited to, sexual molestation and exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for the child's physical, educational, moral or emotional well-being. Nonaccidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights; (C) there is no ongoing parent-child relationship which is defined as the relationship that ordinarily develops as a result of a parent having met on a continuing, day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of the parent-child relationship would be detrimental to the best interests of the child; (D) a child of the parent (i) was found by the Superior Court or the Probate Court to have been neglected, abused or uncared for, as those terms are defined in section 46b-120, in a prior proceeding, or (ii) is found to be neglected, abused or uncared for and has been in the custody of the commissioner for at least fifteen months and such parent has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b-129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child; (E) a child of the parent, who is under the age of seven years is found to be neglected, abused or uncared for, and the parent has failed, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable amount of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families; (F) the parent has killed through deliberate, nonaccidental act another child of the parent or has requested, commanded, importuned, attempted, conspired or solicited such killing or has committed an assault, through deliberate, nonaccidental act that resulted in serious bodily injury of another child of the parent; (G) except as provided in subsection (h) of this section, the parent committed an act that constitutes sexual assault as described in section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a or compelling a spouse or cohabitor to engage in sexual intercourse by the use of force or by the threat of the use of force as described in section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, if such act resulted in the conception of the child; or (H) the parent was finally adjudged guilty of sexual assault under section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a or of compelling a spouse or cohabitor to engage in sexual intercourse by the use of force or by the threat of the use of force under section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, if such act resulted in the conception of the child.(h) If the petition alleges an act described in subparagraph (G) of subdivision (2) of subsection (g) of this section that resulted in the conception of the child as a basis for termination of parental rights and the court determines that the respondent parent was finally adjudged not guilty of such act of sexual assault under section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73 or of compelling a spouse or cohabitor to engage in sexual intercourse by the use of force or by the threat of the use of force under section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, the court shall transfer the case to the Superior Court and the clerk of the Probate Court shall transmit to the clerk of the Superior Court to which the case was transferred, the original files and papers in the case. The Superior Court, upon hearing after notice as provided in this section and section 45a-716, may grant the petition as provided in this section.(i) Except in the case where termination is based on consent, in determining whether to terminate parental rights under this section, the court shall consider and shall make written findings regarding: (1) The timeliness, nature and extent of services offered, provided and made available to the parent and the child by a child-placing agency to facilitate the reunion of the child with the parent;(2) the terms of any applicable court order entered into and agreed upon by any individual or child-placing agency and the parent, and the extent to which all parties have fulfilled their obligations under such order;(3) the feelings and emotional ties of the child with respect to the child's parents, any guardian of the child's person and any person who has exercised physical care, custody or control of the child for at least one year and with whom the child has developed significant emotional ties;(4) the age of the child;(5) the efforts the parent has made to adjust such parent's circumstances, conduct or conditions to make it in the best interest of the child to return the child to the parent's home in the foreseeable future, including, but not limited to, (A) the extent to which the parent has maintained contact with the child as part of an effort to reunite the child with the parent, provided the court may give weight to incidental visitations, communications or contributions and (B) the maintenance of regular contact or communication with the guardian or other custodian of the child; and(6) the extent to which a parent has been prevented from maintaining a meaningful relationship with the child by the unreasonable act or conduct of the other parent of the child, or the unreasonable act of any other person or by the economic circumstances of the parent.(j) If the parental rights of only one parent are terminated, the remaining parent shall be sole parent and, unless otherwise provided by law, guardian of the person.(k) In the case where termination of parental rights is granted, the guardian of the person or statutory parent shall report to the court within thirty days of the date judgment is entered on a case plan, as defined by the federal Adoption and Safe Families Act of 1997, as amended from time to time, for the child. At least every three months thereafter, such guardian or statutory parent shall make a report to the court on the implementation of the plan. The court may convene a hearing upon the filing of a report and shall convene a hearing for the purpose of reviewing the plan no more than twelve months from the date judgment is entered or from the date of the last permanency hearing held pursuant to subsection (k) of section 46b-129 if the child or youth is in the care and custody of the Commissioner of Children and Families, whichever is earlier, and at least once a year thereafter until such time as any proposed adoption plan has become finalized. If the Commissioner of Children and Families is the statutory parent for the child, at such a hearing the court shall determine whether the department has made reasonable efforts to achieve the permanency plan. In the case where termination of parental rights is granted, the guardian of the person or statutory parent shall obtain the approval of the court prior to placing the child or youth for adoption outside the state. Before ordering or approving such placement, the court shall make findings concerning compliance with the provisions of section 17a-175. Such findings shall include, but not be limited to: (1) A finding that the state has received notice in writing from the receiving state, in accordance with subsection (d) of Article III of section 17a-175, indicating that the proposed placement does not appear contrary to the interests of the child,(2) the court has reviewed such notice,(3) whether or not an interstate compact study or other home study has been completed by the receiving state, and(4) if such a study has been completed, whether the conclusions reached by the receiving state as a result of such study support the placement.Conn. Gen. Stat. § 45a-717
(P.A. 73-156, S. 7; P.A. 74-164, S. 6, 20; P.A. 75-420, S. 4, 6; P.A. 76-436, S. 644, 681; P.A. 77-614, S. 521, 610; P.A. 79-592, S. 3; 79-631, S. 79, 111; P.A. 80-476, S. 146; P.A. 82-202, S. 2; P.A. 83-387, S. 2; 83-478, S. 2; June Sp. Sess. P.A. 83-11, S. 2, 4; P.A. 84-171, S. 6, 7; 84-449, S. 4, 7; P.A. 90-31, S. 5, 9; P.A. 93-91, S. 1, 2; 93-193, S. 2; P.A. 94-81, S. 2; P.A. 95-238, S. 5; 95-316, S. 8; P.A. 96-130, S. 7; 96-170, S. 7, 23; 96-246, S. 19; P.A. 97-90, S. 5, 6; P.A. 98-241, S. 9, 18; P.A. 00-75, S. 2; 00-137, S. 12; P.A. 01-159, S. 6; P.A. 11-180, S. 2; P.A. 15-159, S. 2, 3; P.A. 16-70, S. 2; 16-105, S. 3; P.A. 17-48, S. 13.)
Amended by P.A. 21-0015,S. 108 of the Connecticut Acts of the 2021 Regular Session, eff. 1/1/2022.Amended by P.A. 19-0189,S. 10 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.Amended by P.A. 19-0047,S. 8 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.Amended by P.A. 17-0048, S. 13 of the Connecticut Acts of the 2017 Regular Session, eff. 10/1/2017.Amended by P.A. 16-0070, S. 2 of the Connecticut Acts of the 2016 Regular Session, eff. 7/1/2016.Amended by P.A. 16-0105, S. 3 of the Connecticut Acts of the 2016 Regular Session, eff. 6/3/2016.Amended by P.A. 15-0159, S. 3 of the Connecticut Acts of the 2015 Regular Session, eff. 7/2/2015.Amended by P.A. 15-0159, S. 2 of the Connecticut Acts of the 2015 Regular Session, eff. 7/2/2015.Amended by P.A. 11-0180, S. 2 of the the 2011 Regular Session, eff. 10/1/2011. Annotations to former section 45-61f: Cited. 175 Conn. 527. Held not to be unconstitutionally vague and not an impermissible delegation of unfettered discretion. 179 Conn. 155. Cited. 182 Conn. 545; 187 Conn. 431; 188 Conn. 259; 192 Conn. 254; 196 Conn. 18; 198 C. 138; 215 Conn. 277; 217 Conn. 459. Cited. 3 CA 184; Id., 194; 6 CA 360; 8 Conn.App. 92; 9 CA 490; Id., 598; Id., 813; 11 CA 507; 13 CA 23; 14 CA 805; 21 Conn.App. 226; 29 Conn.App. 112. Cited. 36 Conn.Supp. 94; 40 CS 316. Annotations to present section: Cited. 234 Conn. 194. Respondent father's due process rights were not violated in termination of parental rights proceeding where he participated by telephone due to his incarceration and where his request for a trial transcript and a continuance were denied, because respondent did not identify on appeal any evidence or argument that he could have presented if trial court had granted his request for a transcript and a continuance. 300 C. 463. Cited. 24 CA 135; 25 CA 586; judgment reversed, see 223 Conn. 492; 29 CA 176; Id., 600; 34 Conn.App. 176; 35 CA 490; 39 CA 353; 40 Conn.App. 675. Cited. 44 Conn.Supp. 169; Id., 551. Subsec. (a): 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 Conn.App. 210. Subsec. (b): Requirement that the court advise a party that appears without counsel of such party's right to counsel and right to have counsel appointed "at the hearing" during parental rights termination proceeding is not limited to the actual trial, but rather requires the court to advise such party when the party first appears without counsel after being served with a termination petition. 135 CA 470. Parent's right to effective assistance of counsel in parental rights termination proceeding is statutory and not rooted in federal or state constitutions. 140 CA 626. A court must determine whether a parent's waiver of the statutory right to counsel is intelligent and voluntary, but such a waiver does not trigger a specifically formulated canvass by the court. 150 CA 78. Subsec. (f): Subdiv. (3): Cannot be read together with Sec. 46b-129 so as to permit custody determinations made under that statute to lead directly to the termination determination made under this section; judgment of Appellate Court in 25 Conn.App. 586 reversed. 223 Conn. 492. Trial court determination to terminate parental rights upheld. 49 CA 541. Subsec. (g): Subdiv. (2): While a respondent's imprisonment alone does not constitute abandonment under Subpara. (A), it does not excuse his failure to attempt either to contact or to visit with his children; court properly terminated parental rights of respondent on basis of no ongoing parent-child relationship under Subpara. (C) because child had no emotional bond with respondent whom he had never seen and about whom he was not aware and it would be detrimental to child's best interests to allow time for such a relationship to develop since child perceives his mother, stepfather and half-sisters as his family and respondent is likely to be incarcerated for several additional years. 120 CA 465. Subdiv. (2)(A) does not contemplate a sporadic showing of the indicia of interest, concern or responsibility for the welfare of a child, and a parent must maintain a reasonable degree of interest in the welfare of his or her child; the term "maintain" implies a continuing, reasonable degree of concern. Id., 712. Because the language in Subdiv. (2)(D) is virtually identical to that in Sec. 17a-112(j)(3)(B), the meaning and analytical framework applicable to that section applies to Subdiv. (2)(D). 134 CA 1. A parent who fails to provide the care, guidance or control necessary for child's well-being as contemplated under Subdiv. (2)(B) is not exempt from the provisions of Subsec. simply because some other person provides such care, guidance or control during parent's absence. 158 Conn.App. 154. Subdiv. (2): State's interest in preserving family integrity is the same regardless of whether party seeking termination of an individual's parental rights is the commissioner or the custodial parent; parent petitioning for termination of respondent parent's parental rights cannot establish lack of ongoing parent-child relationship on basis of petitioning parent's own interference with respondent parent's efforts to maintain contact with child. 167 CA 248. Subdiv. (2): A court cannot find both than an ongoing parent-child relationship exists and that a custodial parent prevented one from existing. 178 CA 215. Subdiv. (2): The initial test for determining whether an ongoing parent-child relationship exists is whether the child has any present positive feelings for the parent; a trial court may consider the question of interference only if the child does not have such feelings. Id. Subdiv. (2)(B): Circumstances of the termination of respondent's parental rights to other children in other actions are separate and distinct from those as to the child in current action and collateral estoppel cannot apply to preclude respondent from litigating whether his abuse of other children resulted in the denial of care, guidance, or control necessary for the physical, educational, moral, or emotional well-being of child in current action. 180 CA 132. Subsec. (h): A court need not perform a balancing test under Mathews v. Eldridge, 424 U.S. 319, to determine the adverse effects of the failure to terminate defendant's parental rights on her child against defendant's constitutionally protected right to raise her child because section passes constitutional muster. 168 CA 538. Father did not abandon children and mother resisted any meaningful, cooperative visitation relationship between father and children; mother cannot be permitted to prevent visitation and then allege father's parental rights should be terminated for failure to maintain a relationship. 53 CS 329.
See Sec. 17a-112 re termination of parental rights of child committed to Commissioner of Children and Families.