2019 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 802h - Protected Persons and Their Property
Section 45a-608n - Designation of minor child as having special immigrant juvenile status pursuant to pending petition for removal or appointment of guardian.
(a) For the purposes of this section and section 45a-608o, a minor child shall be considered dependent upon the court if the court has (1) removed a parent or other person as guardian of the minor child, (2) appointed a guardian or coguardian for the minor child, (3) terminated the parental rights of a parent of the minor child, or (4) approved the adoption of the minor child.
(b) At any time during the pendency of a petition to remove a parent or other person as guardian under section 45a-609 or 45a-610, or to appoint a guardian or coguardian under section 45a-616, a party may file a petition requesting the Probate Court to make findings under this section to be used in connection with a petition to the United States Citizenship and Immigration Services for designation of the minor child as having special immigrant juvenile status under 8 USC 1101(a)(27)(J). The Probate Court shall cause notice of the hearing on the petition to be given by first class mail to each person listed in subsection (b) of section 45a-609, and such hearing may be held at the same time as the hearing on the underlying petition for removal or appointment. If the court grants the petition to remove the parent or other person as guardian or appoint a guardian or coguardian, the court shall make written findings on the following: (1) The age of the minor child; (2) the marital status of the minor child; (3) whether the minor child is dependent upon the court; (4) whether reunification of the minor child with one or both of the minor child's parents is not viable due to any of the grounds sets forth in subdivisions (2) to (5), inclusive, of section 45a-610; and (5) whether it is not in the best interests of the minor child to be returned to the minor child's or parent's country of nationality or last habitual residence.
(c) If the court has previously granted a petition to remove a parent or other person as guardian under section 45a-609 or 45a-610 or to appoint a guardian or coguardian under section 45a-616, a parent, guardian or attorney for the minor child may file a petition requesting that the court make findings under this section to be used in connection with a petition to the United States Citizenship and Immigration Services for designation of the minor child as having special immigrant juvenile status under 8 USC 1101(a)(27)(J). The court shall cause notice of the hearing on the petition to be given by first class mail to each parent, guardian and attorney for the minor child, to the minor child if the minor child is twelve years of age or older and to other persons as the court determines. The court shall make written findings on the petition in accordance with subsection (b) of this section.
(d) Notwithstanding the provisions of section 45a-604, for purposes of this section and section 45a-106a, “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 this section.
(P.A. 14-104, S. 8; P.A. 15-14, S. 11; P.A. 18-92, S. 1.)
History: P.A. 15-14 made a technical change in Subsec. (c); P.A. 18-92 added Subsec. (d) re definition of “minor child”, effective July 1, 2018.
Probate Court was not divested of statutory authority to make juvenile status findings when minor child turned eighteen years old during pendency of petition. 327 C. 312.
After minor child reached the age of majority, the Probate Court lacked statutory authority to make the findings required by the petitions filed by child's mother to appoint a coguardian for child, and to consider and make the special immigration juvenile status findings permitted under section for minor children. 171 CA 393; judgment reversed, see 327 C. 312.
