| 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. Note: Regional management may elect to modify
specific procedures depending upon staffing patterns and the regional court practices. |
| Step 1 |
A designated staff person delivers the petitions to the
court. Exception: Social Workers, with the approval of their supervisor
and, in conjunction with the assigned Assistant Attorney General, files petitions for an
Order of Temporary Custody. |
| 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 the
petition must be served by. |
| Step 3 |
The Court Clerk places the petitions to be served in a basket
labeled "Petitions To Be Served - DCF Office Name." All other documents are to
be placed in a second "DCF Office Name" basket. Note: These
procedures may vary depending upon regional court practice.
| If..., |
Then, the Court Clerk |
| an Order of Temporary Custody petition |
will give the documents back to the Social Worker for delivery to
the person coordinating Service of Process. Note: Every
effort shall be made to serve O.T.C.’s within 24 hours. |
| the petition (except O.T.C.’s) originates from a
non-primary Department office; e.g., Hartford court receives a petition from the
Manchester office |
mails the service documents to the person coordinating
Service of Process. |
|
| Step 4 |
The designated staff person picks up the documents from the
court every work day and delivers the contents to the person coordinating Service of
Process that same day. |
| Step 5 |
The person coordinating Service of Process reviews all
service documents for accuracy and logs the petitions and delivers other mail to the
Paralegal. The Paralegal or a designated Office Assistant distributes the mail. Note:
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 sheriff.
| If..., |
Then, the person coordinating Service of
Process |
| the parents’ or legal guardians’ whereabouts
are known within the county |
- prepares the documents for "in-hand" service
- places the service documents in the "To Be Served" basket for pick-up
by the sheriff after a telephone confirmation
- OR
, if time permits, mails the service documents to the sheriff
- OR
designates a Social Services Assistant to deliver the service documents to
the sheriff.
|
| the parents’ or guardians’ whereabouts are
unknown |
- prepares the documents for publication service
- by Certified Mail, mails the Order of Notice documents to the newspaper with
general circulation in the town/city of the parents’/guardians’ last known
address.
Important Note: The Superior Court for Juvenile Matters Court
Clerk’s address must appear as the return address on the green card. The child’s
name (first initial/last name; i.e., K. Doe) and hearing date must appear on
the bottom left corner of the green card for case referencing. |
| an out-of-county service within Connecticut is
necessary |
- prepare the documents for "in-hand" service
- if time permits, mails the service documents to the appropriate out-of-county
sheriff. An initial telephone call is recommended (necessary for Litchfield County)
- OR
designates a Social Services Assistant to deliver the documents to the
out-of-county sheriff.
|
| the parents’ or guardians’ address is known
out-of-state |
- prepares the documents for certified mail service
- places the documents in the "To Be Served" basket for pick-up by the
sheriff after a telephone confirmation
- OR
, if time permits, mails the service documents to the sheriff
- OR
designates a Social Services Assistant to deliver the documents to the
sheriff.
Note: In the case of a Termination of Parental Rights, the
judge may order the petition served in-hand, in which case, an out-of-state sheriff would
need to be found and the documents mailed to him/her for service. |
|
| Step 7 |
The sheriff serves the documents to the appropriate parties.
| If..., |
Then, the |
| the sheriff is successful in serving the parties |
- sheriff delivers the Return of Service to the Court Clerk
- sheriff 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
- the person coordinating Service of Process gives a copy of the Return of Service
to the Social Worker for inclusion in the uniform case record.
|
| the sheriff is unsuccessful in serving the parties due
to an incorrect address or inability to locate the parties |
- sheriff notifies the Court Clerk and the person coordinating Service of Process
of the unsuccessful attempt
- sheriff and Social Worker complete diligent search affidavits
- person coordinating Service of Process questions the Social Worker regarding the
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 14 days prior to the hearing), or after
the scheduled hearing date, the court may order the parent to be re-served |
- the person coordinating Service of Process will begin the service process after
receiving the Order of Summons or Order of Hearing from the court.
Note: A copy of the petition or order (commitment,
T.P.R., O.T.C., etc.) and Summary of Facts must be served with the summons.
- Social Worker may need to file a Motion of Certified Mail for an out-of-state
party.
|
|
| Step 8 |
Upon receipt of the Return of Service copy and invoice, the
person coordinating Service of Process
- processes payment to the sheriff in LINK
- files the Return of Service and Invoice for record-keeping purposes.
|
