Thе sole issue on this appeal after certification from the Appellate Court is whether, in a paternity action involving a public assistance recipient under General Statutes § 46b-160,
The decision of the Appellate Court fully describes the relevant procedural history of the case. Durso v. Misiorek,
After receiving briefs and hearing oral argument, the Appellate Court, on January 22,1985, sua sponte dismissed the appeal for lack of jurisdiction.* *
When rendering judgment, the Appellate Court did not have the benefit of our decision in Lavertue v. Niman,
The Appellate Court mistakenly relied on our decision in Mendez v. Mendez,
We also cannot agree with the Appellate Court’s conclusion that the attorney general must participate at trial in order to have standing to appeal. Durso v. Misiorek, supra, 214. First, General Statutes § 46b-160 does not require the attorney general to participate at trial and the rеgulatory scheme is structured to allow the plaintiff to proceed with private counsel. See Regs., Conn. State Agencies § 17-82e-6. Indeed, it may not always be advisable for the attorney general to take an active role at trial. The state has two conflicting interests: оn the one hand, as parens patriae, it has the obligation to insure that the child’s father is accurately determined, and on the other hand, it has a financial interest in seeking reimbursement from the child’s putative father. See Lavertue v. Niman, supra, 409. Thus, the state’s presence at trial may in some cases only serve to confuse the jury. Secondly, participation at trial is not a requisite element of standing. See Miner v. Marsh,
The Appellate Cоurt therefore erred in concluding that the attorney general had no standing on the grounds that he was not a party to the proceedings and did not participate at trial.
In this opinion the other justices concurred.
Notes
General Statutes § 46b-160 provides: “Proceedings to establish paternity of a child born or conceived out of lawful wedlock, including one born to, or conceived by, a married woman but begotten by a man other than her husband, shall be instituted by a verified petition of the mother or expectant mother, with summons and order, filed in the superior court for the geographical area in which either she or the putative father resides. For trial purposes, jurors shall be selected from the judicial disctrict in which such geographical area is located. In cases involving public assistance recipients the petition shall also be served upon the attorney general who shall be and remain a party to any paternity proceeding and to any proceedings after judgment in such action. Upon the filing of such petition, said court or any judge assigned to said court shall cause a summons, signed by him or by the clerk or assistant clerk of said court, to be issued, requiring the putative father to appear in court at a time and place named therein to show cause, if any he has, why thе prayer of such petition should not be granted. Such petition, summons and order shall be in a form approved by the judges of the superior court. In the case of a child or expectant mother being supported wholly or in part by the state, service of such petition mаy be made by any investigator employed by the department of human resources or the department of income maintenance. No such petition shall be brought after three years from the birth of such child, or after three years from cessation of contribution toward suрport of the child by the putative father, whichever is later; provided the provisions of section 52-590
Regs., Conn. State Agencies § 17-82e-6 (3) provides: “Paternity proceedings are handled by private attorneys. The mother can select an attorney of her choice or, if she has none, the child support unit will give names of at least three attorneys from which to make a choice. She must mаke a
The parties did not raise the issue of standing in their arguments before the Appellate Court. Durso v. Misiorek, 3 Conn. App. 212, 213,
The United States Supreme Court in Little v. Streater,
The attorney general in his brief has also addressed the related issue of aggrievement. The Appellate Court never reached the issue, however,
