Judiciary Committee
JOINT FAVORABLE REPORT
Bill No.: SB-940
AN ACT CONCERNING STATE AGENCY COMPLIANCE WITH PROBATE
Title: COURT ORDERS.
Vote Date: 4/8/2021
Vote Action: Joint Favorable
PH Date: 3/15/2021
File No.: 610
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
The Judiciary Committee
Rep. Craig C. Fishbein, 90th Dist.,
Sen. Kevin C. Kelly, 21st Dist.
REASONS FOR BILL:
This bill requires that any order, denial or decree from the Probate Court must be complied
with by the affected state agency. However, such state agency would retain the right to
appeal any order, denial or decree to the Superior Court. This legislation retains and clarifies
the full force, authority and jurisdiction of the Probate & Superior Courts and authority of each
court and their respective decisions on state agencies.
RESPONSE FROM ADMINISTRATION/AGENCY:
Connecticut Department of Developmental Services, Commissioner, Jordan Scheff; does not
explicitly express support nor opposition but raises concerns in Sec. 1 that would enable the
Probate Courts to require any state agency to follow a Probate Courts order or decree
applicable to state agencies. It is stated that the Probate Courts already have the authority to
enforce orders by convening a contempt show cause hearing if it is alleged that an agency
has not complied with an order. It is also stated that in the court case Bellonio v. Richardson,
2 Conn. Rpter 789, 1990 WL 274581 (1990), the Superior Court ruled that the alleged failure
of a state agency (DMR) to comply with an order within the limited jurisdiction of the Probate
Court should be left to the Probate Courts contempt authority for enforcement.
Office of the Probate Court Administrator, Probate Court Administrator, Beverly Streit-
Kefalas; supports this bill stating that this will confirm existing law by stating that state agency
is bound by the court's decision. The provisions of the bill are consistent with the decision of
the Supreme Court in Valliere v. Commissioner of Social Services, 328 Conn. 294 (2018)
where the Supreme Court rejected an appeal case and upheld the Probate Court decision.
NATURE AND SOURCES OF SUPPORT:
Connecticut General Assembly, State Senator, Kevin Kelly; supports this bill stating that it
would make Probate Court orders binding on state agencies when the Probate Court has
statutory jurisdiction over the subject matter. It is stated that this bill does not give authority to
courts to make Medicaid eligibility determinations nor does it give DSS the authority to issue
court decrees. It is also stated that this bill is designed to clarify the statutory authority of the
courts and DSS and to give full force and authority of the respective decisions.
NATURE AND SOURCES OF OPPOSITION:
None Stated.
Reported by: Edward Jacome Date: 4/16/2021
Page 2 of 2 SB-940


Statutes affected:
Raised Bill:
JUD Joint Favorable:
File No. 610:
Public Act No. 21-183: