| Definition |
An Order of Temporary Custody (OTC) is a court order
to safeguard the immediate welfare of a child which may be issued without a hearing and
vests the care and custody of the child concerned in the person or agency named in the
order pending the adjudication on the merits of the petition. |
| When to Seek an OTC |
An Order of Temporary Custody is usually sought when
- the life or safety of a child is in jeopardy
and
- the parents refuse or are unable to take steps to safeguard the child.
Cross-Reference: See 34-10-4 for situations
requiring an immediate removal/96-hour hold. |
| Action by Regional Office to Obtain an OTC |
To obtain an Order of Temporary Custody, the regional office
shall
- file a petition alleging abuse or neglect
- submit
- a summary supporting the allegations, and
- a standardized custody affidavit
- file a separate affidavit requesting the Court to give the Commissioner immediate
temporary custody of the child in order that such child may be placed or remain outside
the home.
Note: The affidavit, signed by the complainant, sets forth the facts
regarding the child’s condition or the circumstances surrounding his care which
require that custody be assumed immediately to protect the child’s welfare. |
| Court Actions |
If it appears from the allegations of the petitions and
verified affirmations of fact accompanying the petitions, that there is reasonable cause
to find that the child’s condition or the circumstances surrounding his/her care
require that the child’s custody be immediately assumed to safeguard the child’s
welfare, the Court shall
- issue an order to the parents or other person having responsibility for the care of the
child or youth to show cause at such time as the court may designate why the court
shall not grant temporary care and custody to the Department pending a hearing on the
petition
or
- grant a suitable agency or person the child’s temporary care and custody pending a
hearing upon the temporary custody petition.
Note: This hearing shall be held within ten (10) days from the
issuance of such order. CONN. GEN. STAT. §46b-129(b). |
| Serving the Order |
The Order of Temporary Custody, together with a copy of the
petition alleging abuse or neglect, must be served on the respondent by any officer
authorized by law to serve process, or other indifferent person. The original bill from
these officers shall be sent to the appropriate Regional Office, approved by the worker
and supervisor and processed for payment. |
| Additional Information |
For additional information regarding Orders of Temporary
Custody, see Chapter 36, "Child Protective
Assessment and Services", and Chapter 46,
"Courts". |
