Sec. 45a-674. (Formerly Sec. 45-326). Hearing for appointment of guardian. Evidence. Report by assessment team. Cross-examination of witnesses. Payment of fees for assessment team.
Sec. 45a-674. (Formerly Sec. 45-326). Hearing for appointment of guardian.
Evidence. Report by assessment team. Cross-examination of witnesses. Payment
of fees for assessment team. At any hearing for appointment of a plenary guardian or
limited guardian of the person with mental retardation, the court shall receive evidence
as to the condition of the respondent, including a written report or testimony by a Department of Developmental Services assessment team appointed by the Commissioner of
Developmental Services or his designee, no member of which is related by blood, marriage or adoption to either the applicant or the respondent and each member of which
has personally observed or examined the respondent within forty-five days next preceding such hearing. The assessment team shall be comprised of at least two representatives
from among appropriate disciplines having expertise in the evaluation of persons alleged
to be mentally retarded. The assessment team members shall make their report on a
form provided for that purpose by the Office of the Probate Court Administrator and
shall answer questions on such form as fully and completely as possible. The report
shall contain specific information regarding the severity of the mental retardation of
the respondent and those specific areas, if any, in which he needs the supervision and
protection of a guardian, and shall state upon the form the reasons for such opinions.
The applicant, respondent or his counsel shall have the right to present evidence and
cross-examine witnesses who testify at any hearing on the application. If such respondent
or his counsel notifies the court not less than three days before the hearing that he wishes
to cross-examine the witnesses, the court shall order such witnesses to appear. The fees
for such assessment team shall be paid from funds appropriated to the Department of
Developmental Services.
(P.A. 82-337, S. 7; P.A. 86-323, S. 5; P.A. 03-51, S. 4; P.A. 04-211, S. 1; P.A. 07-73, S. 2(a), (b).)
History: P.A. 86-323 substituted "plenary guardian" for "guardian of the mentally retarded person", substituted an
examination by department of mental retardation assessment team in lieu of physician and psychologist, and required
examination within 45 days of hearing, and replaced previous provisions re payment of fees by petitioner or mental
retardation department if petitioner is indigent with new provision; Sec. 45-326 transferred to Sec. 45a-674 in 1991;
(Revisor's note: In 1997 a reference to "Commissioner of the Department of Mental Retardation" was replaced editorially
by the Revisors with "Commissioner of Mental Retardation" for consistency with customary statutory usage); P.A. 03-51
substituted "person with mental retardation" for "mentally retarded person"; P.A. 04-211 changed from three to two the
minimum number of assessment team members; 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.