| Policy |
The Commissioner, or designee, shall authorize the
investigator or any law enforcement officer to remove a child from his or her surroundings
without the consent of the child's parent(s) or guardian(s) when an investigation
determines
- that there is probable cause to believe that the child is in imminent risk of physical
harm from his/her surroundings
and
- that immediate removal from such surroundings is necessary to ensure the child's safety.
Legal Reference: CONN. GEN. STAT. §17a-101g(c). |
| Removal of Other Children in the Home |
The power of removal extends not only to the child who is the
subject of the report, but also to other children in the home who are similarly situated
and determined to be in need of immediate removal. |
| 96-Hour Hold |
Such removal and temporary custody shall not exceed
ninety-six (96) hours, referred to as a 96-hour hold. During the 96-hour hold,
Department staff shall
- provide the child with all necessary care, including medical care
- determine the ability to return the child to a safe home environment, and if necessary,
- file petitions and/or a Motion for an Order of Temporary custody to safeguard the child.
Important Note: Preparation of the necessary court
documents must begin immediately once it has been determined that an OTC is necessary. |
| Factors Determining Immediate Removal |
Factors to be considered in determining if a child needs to
be removed immediately from his home include the following:
- the risk level to the child and siblings
- the child's own request for immediate removal
- the parent's or guardian's request for immediate removal when a second parent or
guardian is refusing to permit the child to leave
- when the child is considered to be in danger and the parent or guardian indicates that
he/she is about to flee the state
- whether or not a prior report of abuse or neglect has been filed with DCF or there are
reports in other states
- prior Termination of Parental Rights of a sibling
- prior serious injury to a sibling.
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| Requirements for Use of Immediate Removal/96-Hour Hold |
The requirements for use of immediate removal/96-hour hold
are as follows:
- immediate removal of a child shall be initiated only as a last resort when
Superior Court intervention is not possible
- all less drastic procedures for intervention to secure the safety of the child shall be
explored before considering immediate removal
- prior to immediate removal, the investigator shall
- evaluate the problem in accordance with protective service policies
- obtain approval from one of the persons authorized by the Commissioner to act as her
designee (see list below).
Cross-reference: 34-10-2,
"Alternatives to Removal".
|
| Persons Who May Authorize an Immediate Removal/96-Hour
Hold |
The Commissioner, or designees listed below, may authorize an
immediate removal/96-hour hold:
- Deputy Commissioner
- Bureau Chief of Child Welfare Services
- Administrator of the Hotline
- Regional Administrators
- Regional Program Directors
- Program Supervisors
|
| Examples of Physical Harm |
As defined below, examples of physical harm which
require removal of the child are
- serious physical illness
- serious physical injury
- dangerous surroundings.
|
| Serious Physical Illness Requiring Further Treatment |
The following criteria may be used to determine serious
physical illness requiring further treatment:
- the child has observable physical conditions suggesting illness, and
- a prudent lay person would assess the child's condition to pose serious threat to
his/her physical health if immediate care were not given, and
- the parent or guardian refuses to permit the child to receive immediate medical care or
to comply with ongoing treatment recommended by a physician who examines such child, or
- the parent or guardian cannot be located.
Note: The worker is not required by law to know the cause of the serious
physical illness.
Cross-Reference: 34-11, "Medical
Examination of a Child". |
| Serious Physical Injury |
The following criteria may be used to determine serious
physical injury:
- the child has observable physical conditions including, but not limited to: broken limbs
or deformed limbs; inability to move limbs; burns; severe lacerations; bleeding; swelling
and bruises, especially around the head; unconsciousness; extreme weakness in conjunction
with injury; and
- a prudent lay person would assess the child's condition to seriously endanger the
child's life or health if immediate care were not given, and
- the parent or guardian refuses to permit the child to receive immediate medical care or
to comply with ongoing treatment recommended by a physician who examines the child, or
- the parent or guardian cannot be located.
Cross-reference: 34-11, "Medical
Examination of a Child" and 34-10-3, "Standards for
Removal". |
| Dangerous Surroundings |
The following criteria may be used to determine dangerous
surroundings:
- abandonment or inadequate supervision, taking into consideration the
- age and/or intellectual functioning of the child
- age of the child in relation to the length of time left unattended
- type of environment in which the child is left
- location of the parent or guardian while the child is alone
- reason for the parent's or guardian's absence
- probability that the parent or guardian who has returned after leaving a child
unattended will leave the child alone again.
- a dangerous parent or guardian
- has or is physically abusing the child
- expresses, or is reported to express, violent threats against the child
- speaks of self-destructive ideas or intentions
- is under the influence of drugs or alcohol
- exposes the child to family violence.
- an inadequate parent or guardian, who
- has demonstrated that their caretaking capacity is sufficiently impaired to endanger
the child; e.g., inability to care for the physical needs of a child or the inability to
give adequate protection to the child (can be caused by substance abuse, mental illness,
intellectual functioning)
- evidences a physical condition which prevents him/her from meeting the child's
immediate physical needs or need for protection
- demonstrates absolute refusal or unwillingness to supply necessities such as food,
clothing, shelter, or medical care
- a sexually assaultive parent or guardian
- when a sexual assault on the child has been substantiated
- there is an alleged sexual assault and
- the child requests removal
or
- the alleged perpetrator still has access to the child
or
- the non-perpetrator parent/guardian does not feel competent, or is not able, to
protect the child from further assault
- a parent or guardian who refuses to remove the child from dangerous physical
surroundings, when
- the physical characteristics of the home constitute an immediate danger to the
life of the child
- the special physical condition of the child combined with the physical
characteristics of the shelter constitute a life-threatening condition.
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