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Policy Manual
COURTS
Superior Court For Juvenile Matters

46-3-26
Other Motions

Introduction In addition to the petitions and motions that have standard formats, other motions can be filed with court when appropriate.  These motions address matters that arise during the pendency of the case and ask the judge to order a remedy or course of action.
Procedure

Any party to the case can file motions.  Motions are signed by the attorney for the party seeking the court order, and are filed in court.  Except for motions where all parties are in agreement, motions must be docketed (placed on the court schedule) for a court hearing.   

All parties shall have the opportunity to be heard by the court regarding the issues raised in the motion.  In many cases, the judge will hear testimony and take other evidence.
Responsibility for Department Motions

As counsel for the Department, it is the responsibility of the Assistant Attorney General, in consultation with the Social Worker assigned to the case, to draft and file motions with the court when appropriate. 

It is the responsibility of the Social Worker to file studies or status reports in support of motions three (3) days before the first court date.
Common Motions

Examples of the more common motions are motions to 

·          amend the petition

·          consolidate two or more related court cases

·          reconsider a judge’s ruling

·          preclude the introduction of certain evidence (known as a motion in limine)

·          open and modify disposition

·          change venue

·          request emergency relief from the court

·          require that the parents make the child available to the Department for interview

·          require that the parents allow a Department Social Worker into the home

·          order a psychological, psychiatric, competency, or other evaluation, or

·          order, cease or modify visitation. 

Cross-reference:   See policy 34-10-7.1, Visitation.
Objections to Motions

Parties opposing a motion usually file a written objection to the motion to alert the court that opposing viewpoints will be presented at the court hearing through testimony, documentary evidence, and/or argument. 

Any party failing to appear in court on the day of the hearing on the motion risks that the motion will be granted or denied without considering the viewpoint of the missing party.
Specific Steps

The court may issue orders to the Department and/or the parents in order to ensure the safe return of the children to their parents.  Specific steps can be issued at any time during the case.  

Recommendations for specific steps shall be filed with every Order of Temporary Custody (OTC).  Specific steps may be filed with every neglect petition and every Motion to Review Permanency Plan that cites reunification as a permanency plan. 

Specific steps are generally filed using a standard court form (JD-JM-106), and focus on services.  However, neither the parties nor the court are limited to the steps listed on the form; the Social Worker may request every appropriate step.  Specific steps should be reviewed and updated frequently. 

A separate form shall be prepared for each parent.  Only those specific steps that are appropriate for the parent shall be requested.

Connecticut Department of Children and Families Effective Date: November 1, 2005 (Revised)

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