(a) When, with respect to any petition for termination of parental rights filed under section 17a-112, section 45a-715 or section 45a-716, it appears that either parent of the child is a minor or incompetent, the court shall appoint a guardian ad litem for such parent. The guardian ad litem shall be an attorney-at-law authorized to practice law in Connecticut or any duly authorized officer of a child-placing agency if the child-placing agency is not the petitioner.
(b) The guardian ad litem may be allowed reasonable compensation by the court appointing him which shall be assessed against the petitioner.
(c) If the court finds the petitioner is unable to pay the compensation, the reasonable compensation shall be established by, and paid from funds appropriated to, the Judicial Department, however, in the case of a Probate Court matter, if funds have not been included in the budget of the Judicial Department for such compensation, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
(P.A. 73-156, S. 6; P.A. 74-164, S. 5, 20; P.A. 76-436, S. 643, 681; P.A. 80-476, S. 142; P.A. 83-295, S. 24; P.A. 90-31, S. 4, 9; P.A. 96-130, S. 4; 96-170, S. 21, 23; P.A. 97-90, S. 5, 6.)
History: P.A. 74-164 specified that attorney appointed as guardian ad litem must be “authorized to practice law in Connecticut” or “duly authorized” officer of child-placing agency rather than “chief” officer and required that both probate and juvenile court shall order payment of compensation from funds appropriated to judicial department where previously paid from fund established under Sec. 45-4n or from appropriation for juvenile court in cases where petitioner cannot pay the compensation; P.A. 76-436 substituted superior court for juvenile court, effective July 1, 1978; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 83-295 amended Subsec. (c) to provide that the “reasonable compensation” of the guardian ad litem shall be “established by” the judicial department; P.A. 90-31 amended Subsec. (c) by adding provision that in the case of a court of probate, compensation established by the probate court administrator shall be paid from the probate administration fund; Sec. 45-61e transferred to Sec. 45a-708 in 1991; P.A. 96-130 amended Subsec. (a) by adding “for termination of parental rights” after “petition”; P.A. 96-170 amended Subsec. (c) by changing funding of compensation of guardian ad litem from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section.
Annotations to former section 45-61e:
Cited. 182 C. 545.
Cited. 21 CA 226.
Annotations to present section:
Cited. 223 C. 557.
Cited. 25 CA 741.
Structure Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 803 - Termination of Parental Rights and Adoption
Section 45a-706. (Formerly Sec. 45-61a). - Rule of construction.
Section 45a-707. (Formerly Sec. 45-61b). - Definitions.
Section 45a-708. (Formerly Sec. 45-61e). - Guardian ad litem for minor or incompetent parent.
Section 45a-709. (Formerly Sec. 45-61k). - Validity of proceedings prior to statutory changes.
Section 45a-724. (Formerly Sec. 45-61i). - Who may give child in adoption.
Section 45a-725. (Formerly Sec. 45-61j). - When child free for adoption.
Section 45a-726a. - Consideration of sexual orientation of prospective adoptive or foster parent.
Section 45a-726b. - Recruitment of minority families not to delay placement of adoptive child.
Section 45a-726c. - Term “adoptive parent” substituted for “adopting parent”.
Section 45a-727a. - Legislative findings re best interests of child.
Section 45a-728c. - Payment of expenses of birth mother by prospective adoptive parents.
Section 45a-731. (Formerly Sec. 45-64a). - Effects of final decree of adoption. Surviving rights.
Section 45a-731a. - Issuance of final adoption decree notwithstanding death of child.
Section 45a-732. (Formerly Sec. 45-62). - Husband and wife to join in adoption.
Section 45a-734. (Formerly Sec. 45-67). - Adoption of adults. Inheritance.
Section 45a-735. (Formerly Sec. 45-68). - Husband or wife of adopted adult to consent.
Section 45a-736. (Formerly Sec. 45-66a). - Change of name of adopted person.
Section 45a-743. (Formerly Sec. 45-68c). - Definitions.
Section 45a-744. (Formerly Sec. 45-68b). - Legislative policy.
Section 45a-745. (Formerly Sec. 45a-68a). - Adoption record.
Section 45a-749. (Formerly Sec. 45-68h). - Request for information.
Section 45a-750. (Formerly Sec. 45-68i). - Identifying information.
Section 45a-751a. - Conditions re release of information. Counseling.
Section 45a-751b. - Disclosure of identifying information. Consent required. Exception.
Section 45a-751c. - Order directing issuance of uncertified copy of original birth certificate.
Section 45a-755. (Formerly Sec. 45-68o). - Registries. Filing of registration.
Section 45a-757. (Formerly Sec. 45-68n). - Records maintained on a permanent basis.
Section 45a-763. (Formerly Sec. 45-69c). - Adoption Review Board established.
Section 45a-764. (Formerly Sec. 45-69d). - Powers of Adoption Review Board. Notice and hearing.
Section 45a-765. (Formerly Sec. 45-69e). - Records to be confidential.