An Order of Temporary Custody (OTC) with Neglect Petition is an ex parte order by a judge that is granted to the Department to safeguard the immediate safety of a child without a hearing. When granted by the judge, the OTC vests the care and custody of the child concerned in the person or agency (usually the Department) named in the OTC pending the adjudication on the merits of the neglect petition. The OTC does not transfer legal guardianship of the child or affect parental rights except as to physical custody. 

An ex parte order is an order that is granted immediately and for the benefit of one party only and without notice to, or an opportunity to contest by, any person adversely affected by the order.  

The Department shall request an Order of Temporary Custody using Form JD-JM-58 when there is reasonable cause to believe that 

·          the child is in immediate physical danger, or 

·          the child is suffering from serious physical illness or physical injury, and 

·          the conditions or circumstances surrounding the care of said child require that custody be immediately assumed to safeguard the child. 

The Commissioner, or designee, may authorize the investigator or any law enforcement officer to remove a child from his/her surroundings without the consent of the child’s parent(s) or guardian(s) when an investigation determines that there is probable cause to believe that the child is at imminent risk of physical harm and that immediate removal from such surroundings is necessary to ensure the child’s safety. This is done via a 96-hour hold, after which the OTC shall be filed as soon as possible, but not later than 96 hours after the removal. 

When an emergency medical situation exists that requires the immediate assumption of temporary custody of a child in order to save the child’s life, two (2) physicians, under oath, must attest to the need for such medical treatment. 

A judge may give oral permission after considering the sworn oral testimony of the physicians that a specified surgical or medical intervention is absolutely necessary to preserve the child’s life. 

The documents required for filing a Motion for an Order for Temporary Custody are identified on the Checklist For Filing An Order Of Temporary Custody With Neglect (DCF 2012) following this section. 

The Social Worker shall bring relevant DCF records to the first OTC hearing and make available for review by parents and appropriate counsel any documents that are pertinent to the case. 

Pursuant to Conn. Gen. Stat. § 46b– 129j, the court is required to provide both the Department and the parents with specific steps that the parents must take to facilitate the return of the child to the parents or to maintain the child in their home. 

The Motion for Order of Temporary Custody and the neglect petition shall be filed in the juvenile court serving the town or city in which the child resides at the time of the filing, unless the child has been removed prior to the filing via a 96-Hour Hold.  If the removal occurred prior to filing, the proper juvenile court is that which serves the town or city where the custodial parent resides.  However, if the child is hospitalized, the address of the most recent caretaker shall be used. 

Legal reference:  Connecticut Practice Book, § 33a – 3 

If the judge grants the Department the ex parte Order of Temporary Custody, in accordance with statute, a preliminary hearing and case management conference on the Order of Temporary Custody shall be held within ten (10) days. If no agreement is reached, an evidentiary hearing or trial shall be held on the motion within the next ten (10) days. 

A Principal Attorney or Staff Attorney shall

·  be notified as soon as the Department knows that a Motion for Order of Temporary Custody will be filed with the court, and  

If the judge grants the Department an Order of Temporary Custody, the Social Worker, when placing the child in out-of-home care, shall ensure that health information and documentation, including medications and permission to treat forms are given to the foster parent or other caregiver. 

The Order of Temporary Custody authorizes the Department to arrange for necessary medical and dental care for the child. However, every effort shall be made to secure a parent’s consent prior to the treatment. If both parents refuse to consent, the Social Worker shall: 

·          document the refusal in LINK 

·          continue to notify the parents regarding the child’s medical and dental condition, and 

·          provide the foster parent or other caregiver with permission to treat forms.  

The Department can authorize necessary medical care in the absence of consent from a parent or legal guardian.  However, the Department cannot authorize medical procedures such as evaluations for investigation purposes without a parent’s or legal guardian’s permission or an order of the court. 

The Social Worker shall contact the assigned Assistant Attorney General (AAG) to notify him/her of the OTC and to discuss who the witnesses are and what documentary evidence will be presented to the court. 

Cross-Reference:  46-3-5, Staff Roles and Responsibilities for Court Activities. 

After consulting with the AAG, the Social Worker shall notify the witnesses of the date for the hearing. If requested by the AAG, the Social Worker shall schedule a meeting between witnesses and the AAG before the hearing. 

If the whereabouts of the parent(s) or guardian(s) are known and he or she resides in the state, he or she may be served in person or at his or her place of residence.   

If the parent(s) or guardian(s) reside at a known address out of the state or in another country, he or she will be served via certified mail, return receipt requested. 

If the whereabouts of the parent(s) or guardian(s) are unknown, the notice of the OTC hearing date and the neglect hearing date shall be published in a newspaper with general circulation in the town or city where the parent(s) or guardian(s) were last known to be residing. 

If the court dates permit, the OTC shall be served at least five (5) days prior to the  hearing.  If time does not permit, the OTC shall be served as soon as possible to give all parties the maximum amount of time to appear in court and respond to the allegations. 

Every effort shall be made to serve the OTC within twenty-four (24) hours of being signed by the judge.