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Policy Manual
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COURTS
Probate Court

46-4-3
Temporary Custody

When Filed

A petitioner may file for temporary custody pending disposition on an application for removal or termination if he/she

· has filed for removal of guardianship or termination of parental rights

and

· believes the situation is of such grave danger that to await a hearing on removal of guardianship or termination of parental rights may endanger the child’s health or safety.

In such cases, the child

· is not taken from the parent immediately

· may already be in the custody of someone other than the parent or guardian.
Who May Petition

The following may petition for temporary custody

· an eligible petitioner who has filed for either removal of guardian or termination of parental rights

· the court on its own motion

· the attorney appointed for the child.
Grounds for Temporary Custody

To grant temporary custody, the court must find by a fair preponderance of the evidence that

· the parent or guardian has performed acts of omission or commission as set forth in Conn. Gen. Stat. §45a-610

and

· because of such acts, the child is suffering from serious physical illness or injury or the immediate threat thereof, or is in immediate physical danger.
DCF Report

There is no mandated date of the hearing, but because of the nature of temporary custody, prompt completion (within thirty (30) days or sooner if requested by the court) of the investigation and report is extremely important.

The investigation by the probate worker shall focus on the facts which have been alleged in the custodian’s affidavit and attempt to provide substantiation or negation of those facts.
DCF Assessment

In preparing the report, the DCF worker shall conduct a thorough assessment of the situation and provide as much information, including a recommendation based on the child’s best interest, to the probate court.

The DCF worker shall

· conduct

- home visits (to be completed within seven days of case assignment) with the

  • parents or current guardian (if available)
  • prospective custodian(s)
  • child(ren)

Note: Children must be interviewed alone during the assessment process.

    - social, medical, educational and employment histories for each case participant

  • obtaining releases of information for collateral checks within thirty (30) days of case assignment

  • conducting collateral checks, i.e., school, doctors, therapists, etc. for everyone residing in the home (Initial letters and phone calls to be completed within forty-five days of case assignment, with follow-up contacts as needed, every other week)

- criminal records and protective service checks on all parties, age eighteen (18) and older, involved in the case (within fifteen days of case assignment)

Note: Existence of a criminal or CPS record does not preclude recommendation as a custodian.

· complete the Assessment of Child and Family for Removal of Guardian and Temporary Custody, DCF-2169 (within thirty days of case assignment)

· provide the probate court, if possible, with a recommendation regarding the placement of the child with the proposed guardian/petitioner.
Rights and Duties of Person Awarded Temporary Custody

A person awarded temporary custody by the court has the following rights and duties (Conn. Gen. Stat. §45a-608):

· the obligation of care and control

· the authority to make decisions regarding emergency medical, psychiatric or surgical treatment

· other rights and duties which the court of probate having jurisdiction may approve.
Who May be Awarded Temporary Custody

If the court finds grounds exist for removal of the parent or current guardian as guardian of the child, it may grant temporary custody to

· the Commissioner of the Department of Children and Families

Note: If the Commissioner is granted Temporary Custody, the department shall immediately request that the case be transferred to Superior Court for Juvenile Matters. Assistance from the Regional Assistant Attorney General shall be requested as necessary.

· the board of managers of any child-caring institution or organization

· any children’s home or similar institution licensed or approved by DCF

· any other person.
Duration of Temporary Custody

An order for temporary custody remains in effect until

· disposition of the application for removal or termination

or

· a guardian is appointed for a child who has no guardian, unless modified or terminated by the court of probate.
Modification or Revocation

Any respondent, temporary custodian or attorney for the minor may, at any time, petition the probate court which issued the order for temporary custody for modification or revocation of the order.

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