2015 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 803 - Termination of Parental Rights and Adoption
Section 45a-718 - (Formerly Sec. 45-61h). Appointment and duties of statutory parent. Removal or resignation.

(a) If a child is free for adoption as provided in section 45a-725, and no appointment of a statutory parent has been made under section 17a-112 or section 45a-717, the Court of Probate shall appoint a statutory parent for the child upon petition for appointment of a statutory parent by the guardian of the person of the child or a duly authorized officer of any child care facility or child-placing agency. The petition shall be filed in the court of probate for the district in which the petitioner or child resides or in the district in which the main office or any local office of the petitioner or the proposed statutory parent is located. The statutory parent shall be the Commissioner of Children and Families or a child-placing agency. Notice of the proceeding shall be sent to the guardian of the person, the child, if over the age of twelve, the applicant, the Commissioner of Children and Families and the proposed statutory parent by registered or certified mail or otherwise, at least ten days before the date of the hearing. Notice is not required for any party who files in court a written waiver of notice.

(b) The statutory parent shall be the guardian of the person of the child, shall be responsible for the welfare of the child and the protection of his interests and shall retain custody of the child until he attains the age of eighteen unless, before that time, he is legally adopted or committed to the Commissioner of Children and Families or a licensed child-placing agency.

(c) Any statutory parent may resign or be removed for good cause shown. Upon filing of an application for the removal of a statutory parent or filing of a resignation of a statutory parent in the court of probate in which the statutory parent was appointed, the court shall schedule a hearing, on the removal application or resignation. Notice of such hearing shall be sent in accordance with section 45a-716, except that notice need not be sent to any parties whose rights have previously been terminated. At the hearing the court may accept the resignation, remove the statutory parent, or deny the application for removal. If a statutory parent is removed or resigns, the court of probate shall appoint a new statutory parent or a guardian of the person.

(P.A. 73-156, S. 9; P.A. 74-164, S. 8, 20; P.A. 75-420, S. 4, 6; P.A. 77-604, S. 53, 84; 77-614, S. 521, 610; P.A. 79-631, S. 80, 111; P.A. 80-476, S. 147; P.A. 86-194; P.A. 87-589, S. 12, 87; P.A. 93-91, S. 1, 2; P.A. 95-349, S. 5.)

History: P.A. 74-164 applied provisions to cases where child is free for adoption rather than to cases “where parental rights have been terminated”, added notice provisions and added Subsec. (b) re resignation or removal of statutory parent; P.A. 75-420 replaced welfare commissioner with commissioner of social services in Subsec. (a); P.A. 77-604 replaced social services commissioner with commissioner of children and youth services, while P.A. 77-614 replaced social services commissioner with human resources commissioner, effective January 1, 1979; P.A. 79-631 resolved conflict in favor of P.A. 77-604; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 86-194 amended Subsec. (a) by adding provision re petition for appointment of statutory parent and deleting prior reference to appointments made under Sec. 45-61c; P.A. 87-589 required that notice be given to children over 12, rather than 14, years of age in Subsec. (a); Sec. 45-61h transferred to Sec. 45a-718 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-349 amended Subsec. (a) by substituting “child care facility” for “child care agency”.

Annotations to former section 45-61h:

Cited. 198 C. 138.

Cited. 41 CS 23.

Annotation to present section:

Cited. 45 CS 33.