2005 Connecticut Code - Sec. 45a-752. (Formerly Sec. 45-68k). Appeal to Probate Court. Advisory panel. Report. Hearing. Decision.

      Sec. 45a-752. (Formerly Sec. 45-68k). Appeal to Probate Court. Advisory panel. Report. Hearing. Decision. (a) Any person requesting information under section 45a-746 who is of the opinion that any item of information is being withheld by the child-placing agency or department, or any person requesting information under section 45a-751 who has been refused release of the information, may petition the Court of Probate for a hearing on the matter. No petition shall be filed if the consents required by section 45a-751b have been denied. Such petition may be filed in the court of probate in the probate district where the adoption was finalized or where the child-placing agency or department has an office or, in the case of a petition by a person who resides in this state, may be filed in the court of probate for the district in which such person resides.

      (b) When a petition, filed under the provisions of subsection (a) of this section, is received by the court and if such court is satisfied as to the identity of the petitioner, the court shall first refer the matter within thirty days of receipt of the petition to an advisory panel consisting of four members appointed from a list of panel members provided by the Probate Court Administrator. This list shall include adult adopted persons, biological parents, adoptive parents and social workers experienced in adoption matters. In convening this panel, the court shall make a reasonable effort to include one member from each category of qualified persons. Such panel members shall serve without compensation. Within thirty days of referral of the matter the panel shall begin interviewing witnesses, including the petitioner if the petitioner wants to be heard, and reviewing such other evidence it may deem relevant, and within forty-five days following its initial meeting, shall render a report including recommendations to the judge of probate having jurisdiction. The court shall set a day for a hearing on the petition which hearing shall be held not more than thirty days after receiving the panel's report and shall give notice of the hearing to the petitioner and the child-placing agency. The court shall render a decision within forty-five days after the last hearing on the merits as to whether the requested information should be released under the relevant statutes. If the applicant requests the assistance of the child-placing agency or department in locating a person to be identified, the provisions of section 45a-753 shall apply.

      (P.A. 77-246, S. 8; P.A. 80-476, S. 167; P.A. 87-555, S. 10; P.A. 96-130, S. 32.)

      History: P.A. 80-476 rephrased provisions but made no substantive change; P.A. 87-555 deleted former provisions and substituted new provisions re petition to probate court by person requesting information under Sec. 45-68e who believes information is being withheld or has been refused information, panel of court, report of panel, hearing on petition and decision of the court; Sec. 45-68k transferred to Sec. 45a-752 in 1991; P.A. 96-130 made technical changes.