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Policy
Manual
COURTS
Superior Court For Juvenile Matters
46-3-21.1
Termination of Parental Rights - Reasonable Efforts
to Reunify
| What Are
Reasonable Efforts? |
The
Department shall make reasonable efforts to reunify a family. This means
providing appropriate services to help the parents overcome deficiencies.
The Department shall offer referrals to these services even if the parents
say they are not interested.
Non-custodial
parents shall also be offered services, as they may be a resource if the
former custodial parent is not. Incarcerated parents shall also be offered
services, even if it is only a referral to the services provided by the
Department of Corrections. The Social Worker shall document in LINK all
referrals to services and the parents degree of compliance.
Non-custodial
parents shall also be offered services, as they may be a resource if the
former custodial parent is not. Incarcerated parents shall also be offered
services, even if it is only a referral to the services provided by the
Department of Corrections. The Social Worker shall document in LINK all
referrals to services and the parents degree of compliance. |
| Reasonable Efforts
in Non-Consensual Cases |
When
the parents have not consented to termination of parental rights, the
termination petition must allege one or more of the following claims regarding reasonable efforts to reunify
the family:
-
the
Department has made reasonable efforts to locate the parent or to reunify
the child with the parent, or
-
the
parent is unable or unwilling to benefit from reunification efforts, or
-
the court
has determined during a previous hearing that reunification efforts are
not appropriate.
The
Department shall present evidence at trial that meets the clear and
convincing standard. |
| When the
Department Ceases Reasonable Efforts - Aggravated Circumstances Motion |
The
Department may cease making reasonable efforts to reunify if a court has
found that efforts are not appropriate. This is usually done at the time
of the yearly permanency plan hearing.
A
motion can be filed at any time during the neglect or TPR proceedings to
request that the court find that reasonable efforts to reunify are no
longer appropriate. In that case, the court may find that reunification
efforts are no longer appropriate if one or more of the following
aggravated circumstances exists:
-
the child
has been abandoned
-
the
parent has inflicted sexual molestation or exploitation on the child
-
the
parent has inflicted severe physical abuse on the child
-
the
parent has engaged in a pattern of abuse against the child
-
the
parent has killed a sibling of the child or another child of the parent by
non-accidental, deliberate means
-
the
parent has requested, commanded, importuned, attempted, conspired or
solicited the killing of the child or a sibling or another child of the
parent
-
the
parent has assaulted the child or a sibling of the child or another child
of the parent by non-accidental deliberate act that results in serious
body injury
-
the
parental rights to a sibling were involuntarily terminated within three
years of the filing of the current petition (reasonable efforts to reunify
shall be made for at least 90 days prior to the filing of the present
petition)
-
·the
parent was convicted of sexual assault resulting in the conception of the
child, or
-
the child
was placed in the custody of the Department pursuant to the conditions of
the Safe Haven Act (Conn. Gen. Stat. §17a-57-17a-61).
It
is best-case practice to file this motion as soon as TPR has been decided
as the permanency plan, unless the court has already made the finding. |
| When a Parent is
Unwilling or Unable to Benefit from Reasonable Efforts |
If the
parent(s) objects to the Departments
motion for no further reunification efforts, the court must hold an
evidentiary hearing within sixty (60) days of the filing of the objection.
The standard for this finding is clear and convincing evidence even
if the termination petition has not yet been filed. The burden of proof is
on the Department. |
| When Only One
Parent's Rights Are Terminated |
The
parental rights of only one parent may be terminated in appropriate cases.
If
the parental rights of only one parent are terminated, the remaining
parent shall be the sole parent, and unless otherwise provided by law, the
legal guardian of the child. |
| Signature and
Copies |
The TPR petition shall be signed by the duly
authorized agent of the Commissioner (generally the Program Supervisor).
The designee shall sign the document, under oath, in the presence of a
Notary Public. The original
and number of copies indicated in the checklist shall be sent to the
court, and one copy shall be filed in the case record. |
Connecticut Department of Children and Families Effective Date: November 1,
2005 (Revised)
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