—Emergency,

Life-Threatening Medical Situations—Procedures [Repealed as of Jan. 1, 2003.] 352 © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN JUVENILE MATTERS Sec. 32a-1 CHAPTER 32a RIGHTS OF PARTIES NEGLECTED, ABUSED AND UNCARED FOR CHILDREN AND TERMINATION OF PARENTAL RIGHTS (Amended June 15, 2012, to take effect Jan. 1, 2013.) Sec. 32a-1. 32a-2. 32a-3. 32a-4. 32a-5. Right to Counsel and To Remain Silent Hearing Procedure; Subpoenas Standards of Proof Child or Youth Witness Consultation with Child or Youth Sec. 32a-6. 32a-7. 32a-8. Interpreter Records Use of Confidential Alcohol or Drug Abuse Treat- ment Records as Evidence 32a-9. Competency of Parent For previous Histories and Commentaries see the editions of the Practice Book corresponding to the years of the previous amendments. Sec. 32a-1. Right to Counsel and To Remain Silent (a) At the first hearing in which the parents, guardian, person presumed to be the parent pur- suant to General Statutes § 46b-488 (a) (3) or a person named as the alleged genetic parent of the child or youth appears the judicial authority shall advise and explain to such persons their right to remain silent and right to counsel. (b) The child or youth has the rights of confron- tation and cross-examination and shall be repre- sented by counsel in each and every phase of any and all proceedings in child protection matters, including appeals. The judicial authority before whom a juvenile matter is pending shall notify the chief public defender who shall assign an attorney to represent the child or youth. (c) The judicial authority on its own motion or upon the motion of any party, may appoint a sepa- rate guardian ad litem for the child or youth upon a finding that such appointment is necessary to protect the best interest of the child or youth. An attorney guardian ad litem shall be appointed for a child or youth who is a parent in a termination of parental rights proceeding or any parent who is found to be incompetent by the judicial authority. (d) The parents or guardian of the child or youth have the rights of confrontation and cross-exami- nation and may be represented by counsel in each and every phase of any and all proceedings in child protection matters, including appeals. The judicial authority shall determine if the parents or guardian of the child or youth are eligible for coun- sel. Upon a finding that such parents or guardian of the child or youth are unable to afford coun- sel, the judicial authority shall notify the chief pub- lic defender of such finding, and the chief public defender shall assign an attorney to provide repre- sentation. The judicial authority shall also deter- mine whether the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) or the person named as the alleged genetic parent is eligible for appointment of counsel and, upon a finding of inability to afford counsel, notify the chief public defender who shall assign an attorney to provide representation. (e) If the judicial authority, even in the absence of a request for appointment of counsel, deter- mines that the interests of justice require the pro- vision of an attorney to represent the child’s or youth’s parent or parents or guardian, or other party, the judicial authority may appoint an attor- ney to represent any such party and shall notify the chief public defender, who shall assign an attorney to represent any such party. For the pur- poses of determining eligibility for appointment of counsel, the judicial authority shall cause the parents or guardian of a child or youth to complete a written statement under oath or affirmation set- ting forth the parents’ or guardian’s liabilities and assets, income and sources thereof, and such other information as the Public Defender Services Commission shall designate and require on forms adopted by said commission. (f) Where under the provisions of this section, the judicial authority so appoints counsel for any such party who is found able to pay, in whole or in part, the cost thereof, the judicial authority shall assess as costs on the appropriate form against such party, including any agency vested with the legal custody of the child or youth, the expense so incurred and paid for by the chief public defender in providing such counsel, to the extent of the party’s financial ability to do so, in accord- ance with the rates established by the Public 353 © Copyrighted by the Secretary of the State of the State of Connecticut Sec. 32a-1 SUPERIOR COURT—PROCEDURE IN JUVENILE MATTERS Defender Services Commission for compensation of counsel. Reimbursement to the appointed attor- ney of unrecovered costs shall be made to that attorney by the chief public defender upon the attorney’s certification of his or her unrecovered expenses to the chief public defender. (g) Notices of initial hearings on petitions shall contain a statement informing the respondent, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) or the person named as the alleged genetic parent of their right to counsel and that if the respondent, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) or the alleged genetic parent is unable to afford counsel, counsel will be appointed to represent them, that they have a right to refuse to make any statement and that any statement they make may be introduced in evidence against them. (h) Any confession, admission or statement, written or oral, made by the parent or parents, guardian of the child or youth, alleged genetic parent or person presumed to be the parent pur- suant to General Statutes § 46b-488 (a) (3), after the filing of a petition alleging such child or youth to be neglected, abused or uncared for, shall be inadmissible in any proceeding held upon such petition against the person making such admis- sion or statement unless such person shall have been advised of the right to retain counsel, and that if such person is unable to afford counsel, counsel will be assigned to provide representa- tion, that such person has a right to refuse to make any statement and that any statements such person makes may be introduced in evidence against such person. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 15, 2012, to take effect Jan. 1, 2013; amended June 14, 2024, to take effect Jan. 1, 2025.) Sec. 32a-2. Hearing Procedure; Subpoenas (a) All hearings are essentially civil proceedings except where otherwise provided by statute. Tes- timony may be given in narrative form and the proceedings shall at all times be as informal as the requirements of due process and fairness permit. (b) Issuance, service, and compliance with sub- poenas are governed by General Statutes § 52- 143 et seq. (c) Any self-represented party may request the clerk of the court to issue subpoenas for persons to testify before the judicial authority. Self-repre- sented parties shall obtain prior approval from the judicial authority to issue subpoenas and, if indigent, may seek reimbursement for the costs thereof. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 30, 2008, to take effect Jan. 1, 2009.) Sec. 32a-3. Standards of Proof (a) The standard of proof applied in a neglect, uncared for or dependency proceeding is a fair preponderance of the evidence. (b) The standard of proof applied in a decision to terminate parental rights, a finding that efforts to reunify a parent with a child or youth are no longer appropriate, or as to permanent legal guardianship is clear and convincing evidence. (c) Any Indian child or youth custody proceed- ings, except delinquency, involving removal of an Indian child or youth from a parent or Indian custo- dian for placement shall, in addition, comply with the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 23, 2017, to take effect Jan. 1, 2018.) Sec. 32a-4. Child or Youth Witness (Amended June 30, 2008, to take effect Jan. 1, 2009.) (a) All oral testimony shall be given under oath. For child or youth witnesses, the oath may be ‘‘you promise that you will tell the truth.’’ The judicial authority may, however, admit the testimony of a child or youth without the imposition of a formal oath if the judicial authority finds that the oath would be meaningless to the particular child or youth, or would otherwise inhibit the child or youth from testifying freely and fully. (b) Any party who intends to call a child or youth as a witness shall first file a motion seeking per- mission of the judicial authority. (c) In any proceeding when testimony of a child or youth is taken, an adult who is known to the child or youth and with whom the child or youth feels comfortable shall be permitted to sit in close proximity to the child or youth during the child’s or youth’s testimony without obscuring the child or youth from view and the attorneys shall ask questions and pose objections while seated and in a manner which is not intimidating to the child or youth. The judicial authority shall minimize any distress to a child or youth in court. (d) The judicial authority with the consent of all parties may privately interview the child or youth. Counsel may submit questions and areas of con- cern for examination. The knowledge gained in such a conference shall be shared on the record with counsel and, if there is no legal representa- tive, with the parent. (e) When the witness is the child or youth of the respondent, the respondent may be excluded 354 © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN JUVENILE MATTERS Sec. 32a-9 from the hearing room upon a showing by clear and convincing evidence that the child or youth witness would be so intimidated or inhibited that trustworthiness of the child or youth witness is seriously called into question. In such an instance, if the respondent is without counsel, the judicial authority shall summarize for the respondent the nature of the child’s or youth’s testimony. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 30, 2008, to take effect Jan. 1, 2009.) Sec. 32a-5. Consultation with Child or Youth (Amended June 30, 2008, to take effect Jan. 1, 2009.) (a) In any permanency hearing held with respect to the child or youth, including, but not limited to, any hearing regarding the transition of the child or youth from foster care to independent living, the judicial authority shall assure that there is consultation with the child or youth in an age- appropriate manner regarding the proposed per- manency or transition plan for the child or youth. (b) For good cause shown, the child or youth who is the subject of a hearing may be excluded from the courtroom. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 30, 2008, to take effect Jan. 1, 2009.) Sec. 32a-6. Interpreter The judicial authority shall provide an official interpreter to the parties as necessary to ensure their understanding of, and participation in, the proceedings. (Adopted June 24, 2002, to take effect Jan. 1, 2003.) Sec. 32a-7. Records (a) Except as otherwise provided by statute, all records maintained in juvenile matters brought before the judicial authority, either current or closed, including the transcripts of hearings, shall be kept confidential. (b) Except as otherwise provided by statute, no material contained in the court record, includ- ing the social study, medical or clinical reports, school reports, police reports and the reports of social agencies, may be copied or otherwise reproduced in written form in whole or in part by the parties without the express consent of the judicial authority. (c) Each counsel and self-represented party in a child protection matter shall have access to and be entitled to copies, at his or her expense, of the entire court record, including transcripts of all proceedings, without the express consent of the judicial authority. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 22, 2009, to take effect Jan. 1, 2010; amended June 14, 2013, to take effect Jan. 1, 2014.) Sec. 32a-8. Use of Confidential Alcohol or Drug Abuse Treatment Records as Evidence (a) Upon a determination by the judicial author- ity that good cause exists pursuant to federal law and regulations, the judicial authority may admit evidence of any party’s alcohol or drug treatment by a facility subject to said regulations. (b) A party seeking to introduce substance abuse treatment records shall submit a motion to the judicial authority requesting permission to subpoena such records and explaining the need for them, and shall also file a motion to disclose such confidential records and permit testimony regarding them. The motion for permission to sub- poena such records may be signed ex parte by the judicial authority. If the judicial authority approves the motion, such records may be sub- poenaed and submitted to the court under seal, and the judicial authority shall set a date for the parties and service providers to be heard on the motion to disclose confidential alcohol or drug abuse treatment records. (Adopted June 24, 2002, to take effect Jan. 1, 2003.) Sec. 32a-9. Competency of Parent (a) In any proceeding for the termination of parental rights, either upon its own motion or a motion of any party alleging specific factual allega- tions of mental impairment that raise a reasonable doubt about the parent’s competency, the judicial authority shall appoint an evaluator who is an expert in mental illness to assess such parent’s competency; the judicial authority shall thereafter conduct a competency hearing within ten days of receipt of the evaluator’s report. the child or youth, (b) At a competency hearing held under subsec- tion (a), the judicial authority shall determine whether the parent is incompetent and if so, whether competency may be restored within a reasonable time, considering the age and needs including the possible of adverse impact of delay in the proceedings. If competency may be restored within a reasonable time, the judicial authority shall stay proceedings and shall issue specific steps the parent shall take to have competency restored. If competency may not be restored within a reasonable time, the judi- cial authority may make reasonable accommoda- tions to assist the parent and his or her attorney in the defense of the case, including the appoint- ment of a guardian ad litem if one has not already been provided. (Adopted June 30, 2008, to take effect Jan. 1, 2009.) 355 © Copyrighted by the Secretary of the State of the State of Connecticut