Rule 35a-19. Transfer from Probate Court of Petitions for Removal of Parent as Guardian or Termination of Parental Rights

(a) When a contested application for removal of parent as guardian or petition for termination of parental rights or application to commit a child or youth to a hospital for the mentally ill has been transferred from the Probate Court to the Superior Court, the Superior Court clerk shall transmit to the Probate Court from which the transfer was made a copy of any orders or decrees thereafter rendered, including orders regarding reinstatement pursuant to General Statutes § 45a-611 and visitation pursuant to General Statutes § 45a-612, and a copy of any appeal of a Superior Court decision in the matter.

(b) The date of receipt by the Superior Court of a transferred petition shall be the filing date for determining initial hearing dates in the Superior Court. The date of receipt by the Superior Court of any Probate Court issued ex parte order of temporary custody not heard by that court shall be the issuance date in the Superior Court.

(c) Any appearance filed for any party in the Probate Court shall continue in the Superior Court for juvenile matters unless (1) a motion to withdraw is filed in the Probate Court within five days of the filing of the motion to transfer, and the motion to withdraw is granted by the Probate Court, (2) a motion to withdraw is filed by such party's counsel and granted by the Superior Court for juvenile matters, or (3) another counsel files an ''in place of'' appearance on behalf of the party. If the party represented is indigent or is the child or youth subject to the proceedings, new counsel shall be assigned from the list of public defender services assigned counsel and shall be paid by the public defender services commission. The Superior Court for juvenile matters may request that the Division of Public Defender Services contract with probate counsel for representation if continued representation would be in the best interest of the client. Counsel for indigent parties or minor children appointed by the Probate Court who remain on the case in Superior Court for juvenile matters shall be paid by the Public Defender Services Commission according to its policies at the rate of pay established by the commission.

(d) (1) The Superior Court clerk shall notify appearing parties in applications for removal of guardian by mail of the date of the initial hearing which shall be held not more than thirty days from the date of receipt of the transferred application. Not less than ten days before the initial hearing, the Superior Court clerk shall cause a copy of the transfer order and probate petition for removal of guardian and an advisement of rights notice to be served on any nonappearing party or any party not served within the last twelve months with an accompanying order of notice and summons to appear at an initial hearing.

(2) Not less than ten days before the date of the initial hearing, the Superior Court clerk shall cause a copy of the transfer order and probate petition for termination of parental rights and an advisement of rights notice to be served on all parties, regardless of prior service, with an accompanying order of notice and summons to appear at an initial hearing which shall be held not more than thirty days from the date of receipt of the petition except in the case of a petition for termination of parental rights based on consent which shall be held not more than twenty days after the filing of the petition.

(3) The Superior Court clerk shall mail notice of the initial hearing date for all transferred petitions to all counsel of record and to the Commissioner of the Department of Children and Families or to any other agency which has been ordered by the Probate Court to conduct an investigation pursuant to General Statutes § 45a-619. The Commissioner of the Department of Children and Families or any other investigating agency will be notified of the need to have a representative present at the initial hearing.

Committee Notes

amended June 30, 2008, to take effect Jan. 1, 2009; amended June 21, 2010, to take effect Jan. 1, 2011; amended June 24,