| Who May
Move to Revoke Commitment |
The
following persons may move the court to revoke a commitment:
·
the
Commissioner of DCF
·
the
child’s parent(s), or
·
the
child’s attorney.
Legal Reference:
Conn. Gen. Stat. §46-b-129(m) |
| When the
Department Files a Motion to Revoke |
The
Department files a Motion to Revoke when it has determined that it is in
the best interests of the child or youth to revoke the commitment and have
·
the
parents or relatives resume guardianship, or
·
have
guardianship transferred to an appropriate third party.
The
motion is made using the same form (DCF-2240) as the Motion for Review of
Permanency Plan and can be filed with the yearly permanency plan or at any
other time.
Cross-reference:
See policy 46-3-22, Motion for Review of Permanency Plan. |
| Transfer of
Guardianship |
If
the Department wishes to have guardianship transferred to a third party, a
Motion for Transfer of Guardianship is filed at the same time as the
Motion to Revoke Commitment. In
such cases, the Department must name the person(s) to whom it wants
guardianship transferred. Such
person(s) must be found by the court to be suitable and worthy of assuming
guardianship of the child.
Note: the Department must
approve a guardianship subsidy before the court transfers the
guardianship. See section on
Subsidized Guardianship, policies 41-50-2 thru 41-50-12.. |
| Proof By DCF at
Time of Filing |
If
a parent or the child’s (children’s) attorney files the Motion to
Revoke Commitment, the parent or child’s attorney must prove that the
cause for commitment no longer exists.
If
the parent or child’s attorney is able to prove that the cause for
commitment no longer exists, then the Department must prove that it is in
the best interests and welfare of the child(ren) to maintain the
commitment.
Legal Reference:
Conn. Gen. Stat. §46b-129(m); In Re: Juvenile Appeal (Anon),
177 Conn. 648, 659 (1979). |
| Who Signs and
Files the Motion |
The Social Work Supervisor, and Program
Supervisor shall review the Motion for Review of Permanency Plan
(DCF-2240) package. An
Assistant Attorney General shall sign the Motion, file it with the court
and return a date-stamped copy to the Department.
A copy of the Motion shall be filed in the legal section of the
Uniform Case Record. |
| Documents |
The
DCF-2240 shall be signed by an Assistant Attorney General and mailed to
the following individuals:
·
all
attorneys and guardians ad litem in the case
·
any
parent or guardian not represented by counsel.
The
AAG shall file the Motion in court. The
Social Worker shall separately mail the notice of the court hearing to the
foster parent(s) after learning the date and time for which the hearing is
scheduled. |
| What
Type of Service is Required? |
If
an individual is represented by counsel, the Attorney General’s Office
shall mail a copy of the motion package to counsel.
The child shall always be represented by counsel.
If
an individual is not represented by counsel, but does have a known
address, then the Attorney General’s Office shall mail a copy to the
individual at that address. Motions
do not require service by a Marshal, certified mail or publication. |
| Study
for Motion |
For the content and format of a Study for Motion
for Revocation/Maintain Commitment and/or Transfer of Guardianship, see
the attachment to policy 46-3-22, Study in Support of Permanency Plan and
To Maintain/Revoke Commitment and/or Transfer of Guardianship. |
