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Office of the Child Advocate readies report on probate guardianship; probate administrator urges collaboration

2435724 · February 27, 2025
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Summary

The Office of the Child Advocate told lawmakers it will release a report next week examining probate court guardianship procedures required by Public Act 24-118, section 12; the report recommends a working group and possible statutory changes to ensure proposed guardians receive information about differences between guardianship and foster care.

Hartford — The Office of the Child Advocate told the Committee on Children on Feb. 27 that it will release a report next week reviewing probate court procedures for appointing guardians for minors and recommended further study and collaboration among agencies.

What the OCA found and recommended

Christina Guillot, acting child advocate, told the committee that the OCA’s forthcoming report examines statutes and procedures related to the removal and appointment of guardians in probate courts, DCF’s written procedures for providing assessments to probate judges, and Department of Social Services policy on financial assistance to guardians.

Guillot said the review was prompted by a recent arrest of an appointed guardian and the legislature’s requirement in Public Act 24-118, section 12 that OCA review guardianship procedures. She said the draft report has been shared with DCF and Probate Court Administration and that the OCA “anticipate[s] releasing it next week.”

Among the findings Guillot highlighted were that: - When probate courts request an assessment by DCF, the matter is not always treated as a child-protection investigation and may yield incomplete information; and - Probate judges and panel attorneys are not required to receive training specific to guardianship of minors, trauma, or recognizing signs of abuse or grooming.

Guillot said the OCA recommended convening a working group to review the report’s issues and offered 1 statutory recommendation to ensure parents and proposed guardians receive information that clarifies the differences between guardianship by probate and foster-care placement — particularly that certain DCF duties (reasonable-efforts-to-reunify requirements) do not apply in the same way in guardianship cases.

Probate court response

Beverly Streit, the state probate court administrator, testified that the probate court system views itself as a partner with DCF and the Office of the Child Advocate and said she welcomed continued collaboration. Streit said she submitted written concerns about some substitute language in the OCA draft but that her office looks forward to working on mutually agreeable statutory language.

What happens next

The committee accepted testimony and did not take a vote that day. The OCA said it would seek feedback from DCF and Probate Court Administration and urged the convening of a working group to develop recommendations. Probate court administration indicated it will participate and seek revisions to language it finds problematic.

Ending note

Witnesses said the goal is improved information for parents, better training for judges and attorneys handling guardianship cases involving minors, and clearer procedures so courts and child-welfare authorities make informed, safety-focused decisions.