| When to Use Affidavit |
When
the identity or present location of a parent is unknown to the Department,
an Affidavit Regarding Diligent Search for the Parent’s Identity or
Location (DCF-2037) shall be
attached to any of the following motions or petitions:
-
Motion
for Order of Notice
-
Neglect/Uncared
for Petition
-
Motion
for Order of Temporary Custody
-
Termination
of Parental Rights Petition
-
Coterminous
Petition.
The
Department shall make a diligent search to locate a missing parent to
avoid future legal complications. Failure to conduct a truly diligent
search can result in a disrupted placement or adoption at some future
time.
The
diligent search effort may be made by either or both the Social Worker
assigned to the case and the Paralegal Specialists.
Separate diligent search affidavits shall be filled out by each
person involved in the search attesting to what each has done in order to
attempt location of the missing parent.
A
diligent search conducted at the time of filing a petition or motion
fulfills a service of process requirement.
In most cases, an earlier search for parents should be conducted
for purposes of treatment planning and provision of services.
|
| Sources of Information |
The following are sources of information that can
be used by the Social Worker and/or Paralegal in searching for parent(s)
whose identity or whereabouts are unknown: |
| Attorney for
parent or child |
Internal Revenue
Service letter (for TPR only - IRS will send client a sealed letter) |
Post Office
forwarding address |
| Birth
certificate of parent and/or child |
Internet -
telephone and other directories |
Probation and parole
officers |
| Certified
letter to last known address |
Interpol request
letter (for TPR only) |
Real estate and
tax collector records |
| Closed DCF records
in regional office or in storage, including adoption record |
Judicial
Department website listing for family and civil cases |
Relatives and
the other parent |
| Death
certificate |
Link search |
School records
of child or siblings |
| Departments
of Motor Vehicles (Form J-23), Corrections, Social Services (DCF - in house
and Support Enforcement Division) |
Marriage
certificate |
Social Security
office (Social Security will forward a sealed letter to the person asking
them to contact the Department) |
| Directories,
city/state |
Military
branches - request for parent's location |
Telephone
directories/telephone calls to last known address |
| Employer |
Physical visit
to last known address |
Voting records
(Registrar of Voters) |
| Foster
parents, past and present |
Police, local
and state |
States
Attorney's Office |
| Information About
Parents |
The
initial interview with either of the parents is an important time to
gather information. Facts to be obtained about the parents include the following:
-
name,
address and telephone number of each parent
-
other
names used by the parents
-
previous
addresses
-
Social
Security number (copy of card shall be obtained if available)
-
driver’s
license (copy shall be obtained if available)
-
religious,
educational and ethnic background, including whether Native American, or
part Native American (see below)
-
occupation,
place of employment, and work telephone number
-
information
regarding relatives
-
whether
divorced (copy of divorce
decree shall be obtained)
-
whether a
court has entered a custody, visitation, paternity or child support order
(copy shall be obtained)
-
whether
there is a pending legal matter in any other court regarding custody of or
visitation with children
-
the names
and residences of any other children and the name of the parent of those
children
-
place
where parents met
-
place
where parents were living while maintaining the relationship
-
length of
the relationship
-
place
where other parent was last known to be
-
names of
friends who might know other parent’s location
-
places
visited by the missing parent
-
military
service of parents
-
if the
other parent is deceased, the date and place of death and a copy of death
certificate
- whether
state assistance or Social Security benefits have
or are being received by any parent or any child.
|
| Notice if Parent is Native American |
According
to the Indian Child Welfare Act, if a parent is Native American or part
Native American, the tribe and/or Bureau of Indian Affairs shall be served
with a copy of the petition and the Social Study, along with the parents
and any Indian custodian of the child.
Cross-reference: See policy 31-8-12, Native American Families. |
