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Policy
Manual
ADOPTIONS
Termination Of Parental Rights In Probate Court
48-8-5
Investigation and Report
| Statutory Authority |
CONN. GEN. STAT. §45a-717(e)(1), provides "The court
may, and in any contested case shall, request the commissioner of children and youth
services or any child placing agency licensed by the commissioner to make an investigation
and written report to it, within ninety days from the receipt of such request." |
| Content of Report |
CONN. GEN. STAT. §45a-717(e)(1), continues, "The report
shall indicate the physical, mental and emotional status of the child and shall contain
such facts as may be relevant to determine whether the proposed termination of parental
rights will be for the welfare of the child, including the physical, mental, social and
financial condition of the natural parents, and any other factors which the commissioner
or such agency finds relevant to determine whether the proposed termination will be for
the welfare of the child." |
| Scheduling of Hearing |
CONN. GEN. STAT. §45a-717(e)(2), "If such a report has
been requested, upon the expiration of such ninety-day period or upon receipt of the
report, whichever is earlier, the court shall set a date for a hearing not more than
thirty days thereafter. The court shall give reasonable notice of such adjourned hearing
to all parties to the first hearing, including the child, if over fourteen years of age,
and to such other persons as the court shall deem appropriate." |
| Required Findings |
Department studies should include information, in as much
detail as possible, to provide the court with information needed in order to make
findings. For termination lacking parental consent, the court must make written findings
as in Superior Court [see CONN. GEN. STAT. §45a-717(h)] regarding the following:
•timeliness, nature and extent of services offered
•terms of and compliance to any court order
•feelings and emotional ties of the child
•age of the child
•efforts made by parents to adjust circumstances
•extent to which a parent has been prevented from maintaining a meaningful
relationship with the child.
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| Appeal by Parent - Time Period |
CONN. GEN. STAT. §45a-187 through §45a-189, provides the
following time periods:
•A parent who was present at the hearing or had legal notice, whether by personal
service or certified mail (if the statute permits), has thirty (30) days from the date of
the decree to appeal the decision.
Note: Notice by publication may constitute legal notice under certain
circumstances.
•If the parent(s) have no notice to be present and are not present, then
appeal shall be taken within twelve (12) months, except for appeals by such persons from a
decree of termination of parental rights or adoption, in which case appeal shall be taken
within ninety (90) days.
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| Case Plan - Post Termination Status Reports |
CONN. GEN. STAT. §45a-717(k), requires that, with respect to
consent terminations, the statutory parent or guardian report to the court within ninety
(90) days on a case plan. At least every six (6) months thereafter, a report shall be made
to the court on the implementation of the plan until such time as any proposed adoption
plan is finalized. |
Connecticut Department of Children and Families Issued:
March 1, 1994
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