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Policy Manual
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COURTS
Probate Court

46-4-1
Transfer of Custody - Introduction

Authorization

When there are no other proceedings in any other court, the probate court is authorized to grant temporary custody of a minor when:

· application has been made for removal of one or both parents as guardian, or of any other as guardian of the minor

· application has been made for termination of parental rights

· the court has reasonable grounds to believe that any minor child has no guardian of his/her person.
Types of Temporary Custody

The probate court may grant

· immediate temporary custody - in which the court grants custody without a hearing

· temporary custody - if the court does not grant immediate temporary custody ex parte, the court will hold a hearing in regard to an application on file, the child is not removed, and custody is not granted until after the temporary custody hearing.
DCF Role

The Department of Children and Families shall provide a thorough assessment of the situation and make appropriate recommendations for the child. Reports shall be provided to the Probate Court at a variety of stages throughout the proceedings.

If protective service issues are identified concerning the proposed guardian during the course of the probate study, the DCF worker shall

· make a referral to the Child Abuse and Neglect Hotline regarding the protective service issue for investigation

· inform the probate court that the probate study has been suspended pending the outcome of the protective services investigation.

Connecticut Department of Children and Families  Effective Date:  July 1, 1999 (New)