In any proceeding in the Probate Court in which the state is interested through the Department of Social Services, the Department of Administrative Services or the Department of Veterans Affairs, any employee of any such department shall be permitted to participate fully in the proceeding in the same manner as any other interested party before the court. The judge of the court shall not require that the state be represented by an attorney-at-law as a condition of participation.
(1969, P.A. 260; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 69, 70, 521, 610; P.A. 79-560, S. 15, 39; P.A. 80-476, S. 64; P.A. 93-262, S. 63, 87; P.A. 97-144, S. 4; P.A. 16-167, S. 42.)
History: P.A. 75-420 replaced welfare department with department of social services; P.A. 77-614 replaced department of finance and control with department of administrative services and, effective January 1, 1979, replaced department of social services with departments of income maintenance and human resources; P.A. 79-560 made technical corrections; P.A. 80-476 rephrased provisions; Sec. 45-16b transferred to Sec. 45a-131 in 1991; P.A. 93-262 changed reference to departments of income maintenance and human resources to department of social services, effective July 1, 1993; P.A. 97-144 added Department of Veterans' Affairs to agencies which may participate in certain Probate Court proceedings; P.A. 16-167 replaced “Department of Veterans' Affairs” with “Department of Veterans Affairs”, effective July 1, 2016.
State must merely be an interested party; no delineation of such interest is required. 47 CS 42.
Notes of Decisions
Cited in
3
cases, 2001–2018 · leading case:
In re Jessica M., 802 A.2d 197 (Conn. App. Ct. 2002).
In re Jessica M., 802 A.2d 197 (Conn. App. Ct. 2002).
· cites it 2× “The state of Connecticut shall have a lien against property of any kind or interest in any property, estate or claim of any kind of the parents of an aid to dependent children beneficiary, in addition and not in substitution of its claim, for amounts owing under any order for…”
In Re Jessica M., 774 A.2d 1097 (Conn. Super. Ct. 2001).
· cites it 7× “The petitioner acknowledges that although General Statutes § 45a-131 makes specific mention of the department of social services, an employee of that department must, according to the petitioner, demonstrate to the Probate Court some specifically delineated interest in order to…”
Valliere v. Comm'r of Soc. Servs., 178 A.3d 346 (Conn. 2018).
· cites it 2× “Finally, the commissioner may be heard at the Probate Court hearing without using the Attorney General's resources because General Statutes § 45a-131 permits employees of certain state agencies, including the department, to participate in such proceedings without an attorney.”
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