| Glossary |
The
following is a list of commonly used terms associated with child
protection issues. |
| Acknowledged
Father |
The
lawful husband of a mother is presumed to be the father of any child(ren)
conceived during the term of the marriage, unless he has been precluded
from being declared so by paternity testing or by court order.
A
man is the acknowledged father of a child when the child is born or
conceived out of wedlock and one of the following occurs:
·
the
Superior Court or family support magistrate issues an order of paternity
and adjudicates the man to be the father of the child
·
the
putative father executes a written acknowledgment of paternity,
accompanied by the written acknowledgment of the mother, and these are
filed with any Superior Court. These
acknowledgments then have the same force and effect as a judgment of
paternity by the court
·
the
putative father files a claim for paternity with the Court of Probate, and
the Probate Court issues an order of paternity
·
the
putative father's name appears on the birth certificate.
|
| Adjudication |
The
adjudication of a case means that a court hearing has been held to
determine the validity of the facts alleged in the petition and to
determine if the facts support the statutory claim that the child has been
abused and/or neglected
The
court may only consider those facts alleged in the petition or amended
petition to make an adjudication. The
petitioner, usually the Department, has the burden of proving the facts in
a neglect petition by a fair preponderance of the evidence.
On a TPR petition, the petitioner has the burden of providing the
facts by clear and convincing evidence.
Once the court enters the adjudication, the court then has the
jurisdiction to dispose of the case. |
| Proof of Reasonable
Efforts |
The burden of proof in a reasonable efforts determination
rests with DCF because the state seeks to remove the child from his home.
DCF must,
therefore, submit specific, accurate and comprehensive information to the court to form
the basis for a judicial determination of reasonable efforts.
The documents used to present this information are:
·
Reasonable Efforts Affidavits
·
Summary of Facts
·
Social Study
Note:
The above documents are explained later in this policy manual. |
| Affiant |
The person who signs the affidavit and swears to
the truth of its contents is called an affiant.
|
| Affidavit |
An affidavit is a written statement of facts made
voluntarily. These facts are
confirmed by the oath or affirmation of the person making it.
The oath is taken in the presence of an officer authorized to
administer such oath.
|
| Alleged
or Putative Father |
A man who has contributed regularly to the
support of the child and/or who has been named by the mother as the father
of a child, but for whom there has been no acknowledgment or adjudication
of paternity, is called an alleged or putative father. These terms are interchangeable.
|
| Case
Status Conference |
The
Case Status Conference is a judicially sanctioned process that provides
the parties with an opportunity to discuss the legal and protective
services issues in child protection proceedings.
The
Case Status Conference is usually held after the parents’ initial plea
to the petition and before the adjudication. However, a Case Status
Conference can be held at any time the court and/or the parties deem it
potentially beneficial. A judicial employee known as a Court Services
Officer facilitates the Case Status Conference.
All
the attorneys and the Social Worker and/or Social Work Supervisor must
attend a Case Status Conference, unless excused by the court. The parents
are permitted to attend in some circumstances.
A DCF manager with decision-making authority shall be available by
telephone for all Case Status Conferences.
|
| Commitment |
The
commitment is a dispositional order of the court placing a child in the
Department’s custody (family with service needs [FWSN] and delinquent
children) or guardianship (neglected, dependent, uncared for children).
In
neglect/abuse cases, a commitment remains in effect until a judge modifies
or revokes it or until termination of parental rights is ordered or until
the child turns eighteen (18). In delinquency/FWSN cases, a commitment
ends after a specified period of time, unless
·
extended by a
new court order
·
revoked sooner
by the court, or
·
the child turns
eighteen (18).
|
| Contested
Hearing |
A
contested administrative or court hearing is held in cases where:
·
the facts
are in dispute as alleged in the petition, motion or other legal document
or
·
the
disposition of a case is in dispute and
·
the court
or hearing officer is called upon to decide the issues.
All
parties may present evidence, cross-examine witnesses and make legal
arguments. Contested hearings
at court are also called trials or evidentiary hearings.
|
| Disposition |
The
court will use these facts and circumstances to enter a dispositional
order based on the best interests of the child.
A disposition usually
occurs at the same hearing as the adjudication, but may be bifurcated
(determined at a separate hearing) from the adjudication at the court’s
discretion. The court
usually orders specific steps for the parents and the Department at the
dispositional hearing.
|
| Duly
Authorized Agent |
An
agent is a person authorized by another to act for him/her, in his/her
stead. A duly authorized
agent is the person who has the authority to sign the petitions filed in
court, on behalf of the Commissioner of the Department.
The
Commissioner is one of the individuals authorized by Conn. Gen. Stat. §46b-129
to file petitions in Superior Court for Juvenile Matters.
Pursuant to Conn. Gen. Stat. §17a-6, the Commissioner may delegate
those powers to designees, who are then duly authorized agents.
|
| Ex
Parte Action |
The legal action taken by a court without a
formal court hearing and without the opportunity for all sides to be
heard.
|
| In
Court Review |
An in court review is a hearing
set by the court at some future date to review the case and the
progress made. At an in court
review, the Department shall report on how well the parents and the
Department are meeting the Specific Steps that were ordered by the court
at the dispositional hearing and what permanent plans have been developed
for the child.
|
| Jurisdictional
Facts |
The
jurisdictional facts are the portion
of a petition where the petitioner sets forth facts that indicate that the
case is appropriately within the jurisdiction of the juvenile court.
The
jurisdictional facts are often called the “to wit” section of the
petition.
|
| Plea
Hearing |
The plea hearing is the first court hearing at
which the parties appear in court in connection with a petition.
At this hearing, the judge ensures that the parents have been
advised of, and understand, their legal rights.
The judge also asks the parents whether they wish to admit or deny
the allegations in the petition.
|
| Plea
of Nolo Contendere |
A
Nolo Contendere or No Contest is a formal plea entered into
by a respondent in which the respondent does not admit to the allegations
of the petition but voluntarily waives his or her right to a trial.
The
legal effect of a nolo plea is that the court adjudicates the child
neglected, abused or uncared for despite the respondent’s refusal to
admit to any allegations.
|
| Specific
Steps |
Specific Steps are court orders directing the
parents and/or the Department to do certain things or participate in
certain services or activities so the children may be safely returned to
the care of the parents.
|
| Preliminary
Hearing |
The preliminary hearing is the first court
hearing after a judge has signed an Order of Temporary Custody or Order to
Appear. The preliminary
hearing is held within ten days of the date that the judge signs the Order
of Temporary Custody or Order to Appear.
|
| Protective
Supervision |
Protective Supervision is one possible
disposition following adjudication of neglect or uncared for whereby a
child is not placed out of the home but assistance directed at correcting
the issues that led to the adjudication is provided to the family through
the Department and other service providers.
The court retains jurisdiction over the case and can modify its
orders consistent with the best interests of the child.
|
| Summary
of Facts |
The
summary of facts is a portion of the petition where the petitioner sets
forth, with a reasonable degree of particularity, the specific instances,
acts, or conditions which the petitioner contends have resulted in the
child’s current situation, and which have led the petitioner to file the
petition with the court.
The
summary of facts is considered an amplification of the statutory
allegations of the petition and is incorporated by reference into the
petition.
|
