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Policy Manual

Superior Court For Juvenile Matters Service of Process

 

46-3-30.2
General Procedures

Policy

The following procedures detailing eight steps are intended to provide a basic structure for ensuring the timely and accurate processing of service of process activities. 

Important:  Management may elect to modify specific procedures depending upon staffing patterns and the area court practices.
Step 1 The Social Worker or designated staff delivers the petition to the court.
Step 2 The Court Clerk date stamps the documents; hand writes the hearing date(s), return dates (Order for Summons and Order of Hearing), and the date by which the petition and/or motion must be served.
Step 3

The Court Clerk returns the documents personally to the Department employee or deposits them in a designated location for the Department employee to pick up. 

Important:  These procedures may vary depending upon local court practice.
Step 4 The designated staff person picks up the documents from the court and delivers the contents to the person coordinating Service of Process immediately.
Step 5

The person coordinating Service of Process reviews the service documents for accuracy and logs the petition. 

Important:  If discrepancies are evident, the person coordinating Service of Process shall contact the Court Clerk to clarify what needs to be done.
Step 6

The person coordinating Service of Process prepares the paperwork for service, including the attachment of concise instructions for the Judicial Marshal. 

Important:  A copy of the petition, motion, court order, Summary of Facts and all affidavits must be served with the summons.
If..., Then, the person coordinating Service of Process
the parents’ or legal guardians’ whereabouts are known within the county

  • prepares the documents for service 

  • notifies the Judicial Marshal to retrieve documents for service, or 

  • if time permits, mails the service  documents to the Judicial Marshal.
the parents’ or guardians’ whereabouts are unknown

  • prepares the documents for service by publication  

  • mails or faxes the Order of Notice    documents to the newspaper with general circulation in the town/city of the parents’/guardians’ last known address.
an out-of-county service within Connecticut is necessary

  • prepare the documents for service 

  • if time permits, mails the service documents to the appropriate out-of-county Judicial Marshal.  An initial telephone call is recommended, or 

  • arranges for the documents to be    delivered to the appropriate out-of-county Judicial Marshal.
the parents’ or guardians’ address is out-of-state or in a foreign country and known

  • prepares the documents for Certified Mail service 

  • arranges for the Judicial Marshal to retrieve the documents.
Step 7 The Judicial Marshal serves the documents to the appropriate parties.
If..., Then, the
the Judicial Marshal is successful in serving the parties

  • Judicial Marshal delivers the Return of Service to the Court Clerk

  • Judicial Marshal delivers or mails a copy of the Return of Service (name of child written on the top) and invoice to the person coordinating Service of Process

  • person coordinating Service of Process gives a copy of the Return of Service to the Social Worker for inclusion in the Uniform Case Record

  • person coordinating the Service of Process gives a copy of the Judicial Marshal’s invoice to the Area Business Office.
the Judicial Marshal is unsuccessful in serving the parties due to an incorrect address or inability to locate the parties

  • Judicial Marshal notifies the Court Clerk and the person coordinating Service of Process of the unsuccessful attempt

  • Judicial Marshal and Social Worker complete diligent search affidavits

  • person coordinating Service of Process questions the Social Worker regarding parents’/guardians’ whereabouts to determine the need for either re-serving the petition or filing a Motion for Order of Notice.
the parents’/guardians’ whereabouts become known after the service deadline (less than fourteen (14) days prior to the hearing), or after the scheduled hearing date, the court may order the parent to be re-served

  • person coordinating Service of Process will begin the process after receiving the Order of Summons or Order of Hearing from the court.  

Important:  A copy of the petition, motion, court order, Summary of Facts and all affidavits must be served with the summons.

  • Department may need to file a Motion for Notice by Certified Mail service for an out-of-state party.
Step 8

Upon receipt of the Return of Service copy and invoice, the person coordinating Service of Process

  • delivers the invoice to the Area Business Office or legal staff responsible for payment to the Judicial Marshal

  • updates the Service of Process log, and

  • delivers the Return of Service to the Social Worker to be filed in court with a copy in the Uniform Case Record.

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