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Policy Manual
ADMINISTRATIVE HEARINGS
Roles and Responsibilities of Participants

22-3-5
Attorney or Advocate

Responsibilities of Attorney or Advocate The client's attorney or non-attorney advocate shall generally assume full responsibility for organizing and presenting the client's case, bearing in mind that an administrative hearing is less formal than a judicial proceeding.

The attorney or advocate may

Ÿ cross-examine the Department representative and the Department's witnesses at the conclusion of any testimony

Ÿ present his/her own witnesses and evidence

Ÿ present the final argument.
Examination of Case Record and Other Evidence Access to all records is subject to confidentiality laws and regulations.

An attorney for the parent or legal guardian has the right to examine his/her client’s and the child's case records and all evidence submitted into the Administrative Hearings record.

An attorney for the child has the right to examine his/her client's and the parent’s or legal guardian’s case records and all evidence submitted into the Administrative Hearing record.

An attorney for a foster parent or other caretaker has the right to examine the child's case record only on those matters related to the issue(s) before the Hearing Officer, and all evidence submitted into the Administrative Hearing record.

A non-attorney, serving as advocate, may examine the case record or any evidence of the Department to the extent that this right is legally available.

Legal Reference: CONN. GEN. STAT. §17a-28.

Cross-Reference: Policy 22-3-3.1, "Department Representative - Preparation for a Hearing", Subsection: "Relevant Evidence".
The Attorney or Advocate as Witness Attorneys or advocates are generally not witnesses, but an attorney or advocate who begins to give testimony shall be placed under oath by the Hearing Officer.

When the attorney represents a child who is not present at the hearing, the Hearing Officer may ask the attorney to testify. If so, the attorney shall be placed under oath.
Fees The Department shall not pay fees to any attorney or advocate.

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