When a parent fails to appear in a juvenile case, the court reviews DCF’s diligent search affidavit to determine if the parent is serving in the military.  The purpose of this review is to ensure that a parent who is serving in the military has notice and opportunity to be heard in the matter.

Information about a parent’s military status shall be included in the diligent search affidavit.  The affidavit shall state whether or not the parent is in the military service, with facts supporting the affidavit.  If DCF has no information, the affidavit shall state that the agency is unable to determine whether or not the parent is in the military service. 

The Defense Manpower Data Center (DMDC) Military Verification Service can be used when searching for the military status of a parent.  Each area office has designated employee(s) with access to the DMDC website.   

If a parent is in the military service and has not received notice of the juvenile court proceedings, then the following protocol shall be observed:

• an attorney must be appointed for the parent, and

• under certain circumstances, the court must grant an initial stay of the proceedings for a minimum of ninety (90) days.

If a parent is in the military service and has received notice of the juvenile court proceedings, then

• an attorney must be appointed for the parent, and

• the court may, on its own, grant an initial stay of the proceedings for a minimum of ninety (90) days.  The court must grant a parent’s request for a stay of the proceedings if the parent and his or her commanding officer provide documentation that the current military service materially affects the parent’s ability to appear, that leave is unauthorized, and a date is given when the parent will be available to appear.