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Policy Manual
ADMINISTRATIVE HEARINGS
Roles and Responsibilities of Participants

22-3-3.2
Department Representative: Participation in the Hearing

Role at Hearing When the Department is not represented by counsel at a hearing, the Department representative shall organize and present evidence, ensuring that the pertinent facts are presented, and that the Hearing Officer is accurately informed of the facts.

During the hearing, the representative is allowed to

Ÿ testify
Ÿ answer questions of the attorney or others
Ÿ ask questions of witnesses
Ÿ refer to any part of the case record, documents, or reports, identifying them as to source, date and author
Ÿ examine any documents presented by others
Ÿ give opinions and recommendations within the scope of his/her specialized education or recognized expertise.

Note: In general, Department Social Workers do not qualify to give opinions in the clinical areas of psychiatric diagnosis and treatment. They may give opinions on matters of Department policy and planning, child and family functioning, placement, adoption, community resources and other job related matters.
Presenting Evidence In presenting evidence, the Department representative shall
  • consider what evidence to present and how to present it.

Note: The representative may decide to minimize or not present certain evidence which would be emotionally detrimental to the client, if omitting it would not weaken the Department’s case and possibly change the desired outcome. The representative may seek advice from supervisors or the assigned Attorney General prior to the hearing in screening such evidence to determine its importance and the best way to present it.
  • clearly and truthfully state facts
  • be subject to cross-examination by the opposing attorney.

Note: It is the proper role of the opposing attorney to use vigorous cross-examination in an attempt to weaken points made against his/her client. The Department representative shall prepare accordingly.

Cross-Examination, Objections and Motions When the Department is not represented by counsel, the Department representative shall have the same right as counsel to
  • cross-examine all witnesses
  • object to the introduction of evidence
  • bring motions.
Final Arguments After all persons have testified and been cross-examined, and all evidence is in, each side shall be allowed to present final arguments.

The attorney or advocate may summarize for his/her client.

The Department representative or assigned Attorney General may summarize for the Department.

Connecticut Department of Children and Families Effective Date: June 15, 1995 (New)

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