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Policy Manual
COURTS
Superior Court For Juvenile Matters

46-3-16
Custody Affidavit

Purpose

The purpose of the Custody Affidavit (Form JD-JM-30) is to inform the court at the time of the filing of a neglect or termination of parental rights petition that: 

  • there is or is not a proceeding pending in any other court affecting the custody of the child, and 

  • the court disposition sought by the petitioner will not conflict or interfere with any other pending proceeding.  

The Social Worker shall consult with  the clerks of the area probate and family courts to determine the custody status of the child when such status is in question.  

Legal Reference: Uniform Child Custody Jurisdiction and Enforcement Act.
Who Prepares the Custody Affidavit?

The Social Worker shall prepare the Custody Affidavit, which shall be incorporated into the petition package and subsequently reviewed and approved by the Social Work Supervisor and Program Supervisor.  

The Custody Affidavit does not need to be filed with Motions for Review of Permanency Plan, Motions to Maintain/Revoke Commitment, or Motions for Transfer of Guardianship.
Original and Copy The original Custody Affidavit shall be submitted with the approved petition package to the court.  A copy  shall be  made for each child listed on the petition and filed in each child’s case record.
Who Signs the Custody Affidavit? The Social Worker shall sign the Custody Affidavit as the duly authorized agent of the Department under oath and in the presence of a notary.
Custody Determination

The court determines through the use of the Custody Affidavit that: 

  • no other person not a party to the present proceedings has physical custody or visitation rights with respect to the child, and  

  • immediately preceding the commencement of the juvenile court proceedings, the child or youth lived with his/her parent(s) or person(s) acting as parent for at least six consecutive months in Connecticut, or
  • if the child is less than six months old, s/he has lived from birth with such parent(s) or person(s) in Connecticut, or  

  • the child or youth did not live in Connecticut for the      requisite time period, but an emergency exists justifying the  assumption of jurisdiction by a Connecticut court.

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