State Codes and Statutes
Statutes > Connecticut > Title45a > Chap802h > Sec45a-681Sec. 45a-681. (Formerly Sec. 45-333). Review by court of guardianship or limited guardianship of person with mental retardation. (a) The court shall review each guardianship of the person with mental retardation or limited guardianship of the person with mental retardation at least every three years and shall either continue, modify or terminate the order for guardianship. (1) The court shall receive and review written evidence as to the condition of the ward. Except as provided in subdivision (2) of this subsection, the guardian, the attorney for the ward and a Department of Developmental Services professional or, if requested by the ward or by the court, an assessment team appointed by the Commissioner of Developmental Services or his designee shall each submit a written report to the court not later than forty-five days after the court's request for such report. (2) In the case of a ward who is functioning adaptively and intellectually within the severe or profound range of mental retardation, as determined by the Department of Developmental Services, the court shall receive and review written reports as to the condition of the ward only from the guardian and the attorney for the ward, provided the court may require a Department of Developmental Services professional or assessment team to submit a written report as to the condition of such ward. Each written report shall be submitted to the court not later than forty-five days after the court's request for such report. (3) If the ward is unable to request or obtain an attorney, the court shall appoint an attorney for the ward. If the ward is unable to pay for the services of the attorney, the reasonable compensation of such attorney shall be established by, and paid from funds appropriated to, the Judicial Department; however, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund. The Department of Developmental Services professional or assessment team shall personally observe or examine the ward within the forty-five-day period preceding the date of submission of its report.
(b) If the court determines, after receipt of the reports from the attorney for the ward, the Department of Developmental Services professional or assessment team and the guardian, that there has been no change in the condition of the ward since the last preceding review by the court, a hearing on the condition of the ward shall not be required, but the court, in its discretion, may hold such hearing. If the attorney for the ward, the Department of Developmental Services professional or assessment team or the guardian requests a hearing, the court shall hold a hearing within thirty days of such request. No order expanding or reducing the powers and responsibilities of a guardian shall be issued unless such hearing is held.
(P.A. 82-337, S. 14; P.A. 91-71, S. 2; P.A. 96-170, S. 20, 23; P.A. 97-90, S. 5, 6; P.A. 98-250, S. 2, 39; P.A. 03-51, S. 10; P.A. 04-211, S. 2; P.A. 07-73, S. 2(a), (b).)
History: Sec. 45-333 transferred to Sec. 45a-681 in 1991; P.A. 91-71 divided section into Subsecs. (a) and (b), deleted language requiring that court hold hearing pursuant to Secs. 45a-671 to 45a-677, inclusive, deleted language prohibiting expansion of powers and responsibilities of guardian unless hearing is held, and added provision requiring receipt and review of written evidence as to condition of ward, prepared by conservator, attorney for ward and a department of mental retardation assessment team, provided if court determines that there has been no change in the conditions of ward since last review, no hearing shall be required, but the court, in its discretion, may hold such hearing or such hearing shall be held upon request of the attorney, conservator or the department of mental retardation assessment team and prohibiting expansion or reduction of powers and responsibilities of guardian unless such hearing is held; (Revisor's note: In 1997 a reference in Subsec. (a) to "Probate Administration Fund" was changed editorially by the Revisors to "Probate Court Administration Fund" to conform section to Sec. 45a-82); P.A. 96-170 amended Subsec. (a) by changing funding of compensation of counsel 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; P.A. 98-250 added "professional" to "assessment team" and required request by the ward or the court for an assessment team report, effective July 1, 1998; P.A. 03-51 substituted "person with mental retardation" for "mentally retarded person" in Subsec. (a); P.A. 04-211 amended Subsec. (a) to add Subdiv. designators and new provision as Subdiv. (2), requiring written reports re ward functioning adaptively and intellectually within severe or profound range of mental retardation only from guardian and attorney for ward unless court requires report from Department of Mental Retardation professional or assessment team, and to make conforming and technical changes; pursuant to P.A. 07-73 "Commissioner of Mental Retardation" and "Department of Mental Retardation" were changed editorially by the Revisors to "Commissioner of Developmental Services" and "Department of Developmental Services", effective October 1, 2007.
