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Policy Manual
COURTS
Superior Court For Juvenile Matters

46-3-13
Affidavit Seeking Out-of-Home Placement of Child

Introduction To demonstrate the state’s commitment to maintaining a child in his or her own family, the courts are required to make two (2) separate findings for a child removed by a court order.  These findings allow the Department to claim reimbursement under Title IV-E for certain payments made on behalf of the child.
First Finding The first finding is made at the time of the first court order sanctioning the child’s removal from the home.  This finding concerns whether remaining in the parental home is contrary to the welfare of the child.
Second Finding

The second finding concerns whether 

  • reasonable efforts were made by the state to prevent or eliminate the need for removal of the child from the home  

  • reasonable efforts to prevent or eliminate the need for removal of the child from the home were not possible, or  

  • reasonable efforts were not made.  

The court must make this finding within sixty (60) days of the date of initial placement.
Preparation and Signing The Social Worker shall be responsible for preparing the preliminary draft of  the neglect/uncared for petition and/or termination of parental rights petition, the accompanying Summary of Facts, and the Affidavit Seeking Out-of-Home Placement of Child (DCF-1999).
Affidavit Seeking Out-of-Home Placement of Child

The Affidavit Seeking Out-of-Home Placement of Child (DCF-1999) shall be filed whenever the Department is seeking an Order of Temporary Custody, an Order of Commitment and/or an Order Terminating Parental Rights pursuant to a co-terminous petition. 

The DCF-1999 shall be signed by the Social Worker under oath in the presence of a notary public and shall be presented to the court with the other accompanying documents. 

Cross-reference:   See the Appendix of Court Related Forms, 46-3-33.
Special Instructions

The following are special instructions to complete  Section # 2 of the DCF-1999. 

The Social Worker shall list all services provided or available to the family.  Examples of services include, but are not limited to, the following: 

·          protective services

·          inpatient or outpatient substance abuse treatment

·          individual counseling

·          housing services

·          visitation between parents and siblings

·          transportation to visits, and

·          parenting classes. 

More than one child per affidavit may be listed as long as the children have the same parent(s) and the same services were offered.
Court Findings

The following reasonable efforts findings are required for Title IV reimbursement purposes: 

·          continuation in the home is contrary to the welfare of the child, and 

·          efforts to prevent removal were made or not possible. 

These findings must be made once in the case.  If the court has already made the finding in an earlier proceeding that has not yet been disposed, the court does not need to make them again.  For example, if a finding was made at the commitment hearing,  there is no need to make a finding at the time of the hearing for termination of parental rights. 

The DCF-1999 shall not be used for the finding of Reasonable Efforts to Achieve Permanency. The permanency finding shall be made every twelve (12) months while the child is in the Department’s care, regardless of the child’s legal status. 

Cross-reference:  Policies 46-3-22, Motion for Review of Permanency Plan; and  46-3-9,  Types of Petitions and Motions. 

Depending on the type of order, the court findings are entered on the 

  • Affidavit Seeking Out-of-Home Placement of Child (DCF-1999)

  • Adjudicatory/Dispositional Orders (JD-JM-65), or

  • Order, Co-Termination of Parental Rights and
    Appointment of Statutory Parent/Guardian (JD-JM 31A).   

It is imperative that the judge signs the DCF-1999 and that one of the boxes in the form is selected within sixty (60) days of the date the child is first placed in out-of-home care. 

The signed DCF-1999, the JD-JM-58, the JD-JM 65 and/or JD-JM31A shall be filed in the case record. 
Documentation The court findings shall be filed by social work staff in the legal section of the case record. If the documents are missing, the assigned Social Worker shall consult with legal staff.

Connecticut Department of Children and Families Effective Date: November 1, 2005 (Revised)