Superior Court For Juvenile Matters
Order of Temporary Custody with Neglect Petition
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
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.
a Motion for Order of Temporary Custody is filed with the neglect
petition, then the filing of the OTC is also the beginning of the first
phase of the neglect proceeding.
General Statutes § 46b - 129.
|When is an OTC
Department shall request an Order of Temporary Custody using Form JD-JM-58
when there is reasonable cause to believe that
is in immediate physical danger, or
is suffering from serious physical illness or physical injury, and
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.
34-10-4, Immediate Removal / 96-Hour Hold, and 34-10-5,
Order of Temporary Custody.
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
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.
Conn. Practice Book §32-9.
|Documents to be
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.
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.
of affidavit(s) in DCF’s possession that would provide the court with
relevant information about the case shall also be included in the OTC
package presented to the court.
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 Department shall submit proposed Specific Steps
(JD-JM 106 or 106S) with the OTC package.
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.
Connecticut Practice Book, § 33a – 3
If a judge is not available in the local juvenile court to review
an OTC, any Superior Court judge may sign the order.
However, the documents must be filed subsequently with the
appropriate juvenile court.
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.
court may schedule a separate hearing for a plea on the neglect petition,
or may combine the plea hearing with an OTC hearing.
|Notify Legal Staff
Principal Attorney or Staff Attorney shall
notified as soon as the Department knows that a Motion for Order of
Temporary Custody will be filed with the court, and
review the motion and
supporting documents for legal sufficiency.
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.
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:
the refusal in LINK
to notify the parents regarding the child’s medical and dental
the foster parent or other caregiver with permission to treat forms.
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.
Williams, 193 F.3d 581 (2nd Cir.1999)
||The Social Worker shall immediately contact the
area office person assigned to arrange for service of process on the
respondent parents after the Order of Temporary Custody has been signed.
Who Shall Be Served
||Each parent and/or legal guardian named on the
petition shall be served, including legal, acknowledged, or putative
fathers, and the Department (if not the petitioner.)
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.
Staff Roles and Responsibilities for Court Activities.
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.
witness can testify regarding any facts about which he or she has personal
knowledge, or, if qualified in court as an expert, about his or her area
of professional expertise.
||As the rules of evidence are complex,
the AAG shall be responsible for adequately
preparing the Social Worker, as well as other witnesses, for the
hearing. The preparation
shall include a briefing on what is admissible in court.
of Service Required and Time Frames
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.
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
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.
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.
See policies 46-3-30.3,
General Procedures; 46-3-30.4, Neglect
Petitions Without an OTC; and
46-3-30.5, For a Neglect Petition with an OTC or an Order to Appear.
Connecticut Department of Children and Families Effective Date: November 1,