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Policy
Manual
ADOPTIONS
Legal Risk
48-9-4
Role of the Courts
| Introduction |
In Connecticut, there are two different courts which can
terminate parental rights - the Superior Court and the Probate Court. |
| If Consent: To Probate Court |
When a child comes into the care of the Department and the
parent(s) have clearly stated that they want to relinquish their legal rights to the child
and where the child is not committed to the Department, the Department will usually file a
Petition to Terminate Parental Rights in the Probate Court. The parent(s) will then
acknowledge in court that they are freely and willingly consenting to the termination of
their legal interest in the child. |
| Statutory Parent |
When the Probate Court grants a Petition for Termination of
Parental Rights it names the Department the statutory parent. It is the status of a
statutory parent that then gives the Department the authority to place the child for
adoption. There is an appeal procedure from the decision of the Probate Court if the
parent(s) change their minds. |
| If Non-Consent: To Superior Court |
There are many cases in which parent(s) are not willing to
consent to have their parental rights terminated. In these cases, the Department must file
petitions in Superior Court for Juvenile Matters seeking the termination of parental
rights. The Department must prove that there are grounds to terminate the rights and
must also prove that this result is in the child's best interests. |
| Hearings |
In these hearings before the Superior Court, the court will
assign attorneys to represent the parent(s), if they so request. The court will also
appoint an attorney to represent the child. The Department must have a strong case to
present since the courts require a high standard of proof. The court is required to find
that the Department has proven its case by the measure of "clear and convincing
evidence". |
Connecticut Department of Children and Families Issued:
March 1, 1994
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