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