The child’s Social Worker shall ensure that

·          all children placed under an Order of Temporary Custody (OTC) or commitment have visitation with parents and siblings unless a court orders otherwise

 ·          visits occur as frequently as reasonably possible based upon the consideration of the
      bests interests of the child, including age and developmental level of the child

 ·          visits be of sufficient number and duration to ensure continuation of the relationship between the child, parents, and siblings, and

·       siblings with an existing relationship who are separated due to the Department’s intervention be provided with ongoing visitation throughout the length of the separation taking into account the best interests of each sibling, the ages, developmental levels, and the continuation of the sibling relationship.

This policy shall apply to all siblings of a child, whether or not the siblings are in out of home placements, as long as

·          there is an existing sibling relationship, and

·          the Department has removed at least one (1) of the children.

The Department shall comply with court orders regarding visitation whenever possible.  If a visitation order cannot be complied with, the Social Worker shall notify the Assistant Attorney General (AAG) immediately. 

No retroactive action shall be required in pending cases in which visitation was suspended prior to October 1, 2003.  However, if a parent or child files a motion for visitation in such a case, the Department shall be prepared to defend the suspension of the visits based on criteria set out in the Public Act.

The Department shall file motions regarding visitation according to the following parameters:

 ·          In all new cases in which the Department believes visitation with parents and/or siblings is not in the best interests of the child, the Department shall file a Motion to Suspend Visitation with the Motion for Order of Temporary Custody and neglect petition.  The Department shall provide reasonable visitation to all parents and siblings until the court acts on the motion. 

·          In all pending cases in which visitation is ongoing, but it has been determined not to be in the child’s best interests, the Department shall file a Motion to Suspend Visitation prior to ceasing visits.

 ·        In emergency situations, whether the case is new or pending, the Department shall file the ex parte Motion for Emergency Relief outlined in § 34a-23 of the Connecticut Practice Book.  The purpose of this motion is to request that the court permit the immediate suspension of visits without a hearing.

The following details regarding visitation shall be documented in the treatment plan:

·          all factors related to decisions made by DCF regarding visitation between children, parents, and siblings 

·          whether the Department has determined that visitation is not in the child’s best interest, and, if so, the specific reasons that led to the determination, or 

·          if the Department determines that it is not in the child’s best interests to provide the number, frequency, or duration of visits requested by the child’s attorney or guardian ad litem (GAL), the specific reasons that led to the determination.

 The treatment plan reviewer shall address the issue of visitation during the Treatment Planning Conference (TPC) and at subsequent Administrative Case Reviews (ACR) to ensure that visitation decisions are properly carried out and documented in the treatment plan.

The Department’s Administrative Hearings Unit shall not hold treatment plan hearings on the specific issue of whether visitation should or should not occur, as the court has original jurisdiction over the matter.

 Treatment plan hearings shall be held only regarding length, frequency, duration, and other details of the visits, unless a motion regarding those details is pending in court or has already been ruled on.

 Cross-reference:  See Chapter 22, Administrative Hearings.