§ 45a-616 — (Formerly Sec. 45-45). Appointment of guardian or coguardians for minor. Rights and obligations of guardians or coguardians.

Connecticut § 45a-616

• Jurisdiction: Connecticut
• Title 45a: Probate Courts and Procedure
• Ch. 802h: Protected Persons and Their Property

Text

(a) If any minor has no parent or guardian of his or her person, the following persons may petition the Probate Court to appoint a guardian or coguardians of the person of the minor: (1) Any adult relative of the minor, including those by blood or marriage; (2) a person with actual physical custody of the minor at the time the petition is filed; or (3) counsel for the minor. The petition shall be filed in the Probate Court in the district in which the minor resides, is domiciled or is located at the time of the filing of the petition. When appointing a guardian or coguardian, the court shall take into consideration the standards provided in section 45a-617. The court shall take of such guardian or coguardians a written acceptance of guardianship and, if the court deems it necessary for the protection of the minor, a probate bond. (b) If any minor has a parent or guardian, who is the sole guardian of the person of the child, the Probate Court for the district in which the minor resides, is domiciled or is located at the time of the filing of the petition may, on the petition of the parent or guardian of such child or of the Commissioner of Children and Families with the consent of such parent or guardian and with regard to a child within the care of the commissioner, appoint one or more persons to serve as coguardians of the child. When appointing a guardian or guardians under this subsection, the court shall take into consideration the standards provided in section 45a-617 . The court may order that the appointment of a guardian or guardians under this subsection take effect immediately or, upon request of the parent or guardian, upon the occurrence of a specified contingency, including, but not limited to, the mental incapacity, physical debilitation or death of that parent or guardian. Upon the occurrence of such contingency and notice thereof by written affidavit to the court by the appointed guardian or guardians, such appointment shall then take effect and continue until the further order of the court, provided the court may hold a hearing to verify the occurrence of such contingency. The court shall take of such guardian or coguardians a written acceptance of guardianship, and if the court deems it necessary for the protection of the minor, a probate bond. (c) Upon receipt of a petition pursuant to this section, the court shall set a time and place for a hearing to be held within thirty days of the application, unless the court requests an investigation in accordance with the provisions of section 45a-619 , in which case the court shall set a day for hearing not more than thirty days following receipt of the results of the investigation. The court shall order notice of the hearing to be given to the minor, if age twelve or older, by first class mail not less than ten days prior to the date of the hearing. In addition, notice by first class mail shall be given to the petitioner and all other parties in interest known by the court. (d) The rights and obligations of the guardian or coguardians shall be those described in subdivisions (5) and (6) of section 45a-604 and shall be shared with the parent or previously appointed guardian of the person of the minor. The rights and obligations of guardianship may be exercised independently by those who have such rights and obligations. In the event of a dispute between guardians or between a coguardian and a parent, the matter may be submitted to the Probate Court which appointed the guardian or coguardian. (e) Upon the death of the parent or guardian, any appointed guardians of the person of a minor child shall become the sole guardians or coguardians of the person of that minor child. (f) Notwithstanding the provisions of section 45a-604 , for purposes of this section and section 45a-106a , “minor” or “minor child” means (1) a person under the age of eighteen, or (2) an unmarried person under the age of twenty-one who (A) is dependent on a competent caregiver, (B) has consented to the appointment or continuation of a guardian after attaining the age of eighteen, and (C) files or on whose behalf is filed a petition for findings pursuant to section 45a-608n .

Legislative History

(1949 Rev., S. 6852; 1971, P.A. 223, S. 1; P.A. 74-251, S. 13; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-460, S. 13; P.A. 80-227, S. 2, 24; P.A. 86-200, S. 1; 86-264, S. 5; P.A. 96-238, S. 17, 25; P.A. 07-185, S. 3; P.A. 18-45, S. 10; 18-92, S. 2; P.A. 19-47, S. 5.) History: 1971 act excepted welfare commissioner from bond requirement; P.A. 74-251 applied exception re bond requirement to commissioner of children and youth services after April 1, 1975; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 and P.A. 78-303 would have replaced social services commissioner with commissioner of human resources but for limiting date reference; P.A. 79-460 incorporated previous provisions as Subsecs. (a) and (c), applied provisions to minors rather than to children under 14, required consideration of standards in Sec. 45-45b in appointing guardian, deleted previous provision requiring that guardian post bond and inserted Subsec. (b); P.A. 80-227 required guardian's written acceptance of guardianship and authorized court to require a probate bond, effective July 1, 1981; P.A. 86-200 included references to coguardians; P.A. 86-264 changed age of minor from 14 to 12 years of age; Sec. 45-45 transferred to Sec. 45a-616 in 1991; P.A. 96-238 deleted provision requiring court to take into consideration the minor's wishes, if he or she is over the age of 12, deleted provision requiring the guardian or coguardian to have the same right to custody and control which the sole surviving parent of a minor has and substituted a procedure for the court of probate to appoint one or more persons to serve as coguardians of the child, effective July 1, 1996; P.A. 07-184 amended Subsec. (c) to substitute “first class mail” for “regular mail” and “certified mail” and delete “return receipt requested, deliverable to the addressee only”; P.A. 18-45 amended Subsec. (a) by adding “is domiciled or is located at the time of the filing of the petition” in Subsecs. (a) and (b), further amended Subsec. (b) by replacing “application” with “petition”, amended Subsec. (c) by replacing “by the court of an application” with “of a petition”, and made technical changes; P.A. 18-92 added Subsec. (f) re definitions of “minor” and “minor child”, effective July 1, 2018; P.A. 19-47 substantially amended Subsec. (a) by deleting provision re Probate Court district, and adding provisions re persons who may petition Probate Court to appoint guardian or coguardians of the person of the minor and Probate Court district in which petition is to be filed, amended Subsec. (c) by replacing “over twelve years of age” with “age twelve or older” and made technical changes, effective January 1, 2020. Annotations to former section 45-45: Guardian of the person is entitled to custody of his ward. 158 C. 217. Cited. 193 C. 393. Distinguished application of section from operation of Sec. 46b-129. 195 C. 344. Probate Court has primary jurisdiction and Superior Court cannot appoint guardians of minors. 13 CS 364. Only when both parents or the sole living parent is removed as guardian may the court appoint a third person as guardian of a minor child. 15 CS 103. Annotations to present section: Cited. 237 C. 233. Cited. 24 CA 402. Cited. 44 CS 169. Statute does not vest exclusive jurisdiction over plaintiff's petition for visitation brought under Sec. 46b-59 in either Probate Court or Superior Court. 46 CS 165.