Transfer from Probate Court of

Petitions for Removal of Parent as Guardian [Repealed as of Jan. 1, 2003.] 356 © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN JUVENILE MATTERS Sec. 33a-2 CHAPTER 33a PETITIONS FOR NEGLECT, UNCARED FOR, DEPENDENCY AND TERMINATION OF PARENTAL RIGHTS: INITIATION OF PROCEEDINGS, ORDERS OF TEMPORARY CUSTODY AND PRELIMINARY HEARINGS Sec. 33a-1. 33a-2. 33a-3. 33a-4. Initiation of Judicial Proceeding; Contents of Peti- tions and Summary of Facts Service of Summons, Petitions and Ex Parte Orders Venue Identity of Alleged Genetic Parent Unknown; Loca- tion of Respondent, Person Presumed To Be the Parent Pursuant to General Statutes § 46b-488 (a) (3) or Alleged Genetic Parent Unknown Sec. 33a-5. Address of Person Entitled to Personal Service Unknown 33a-6. Order of Temporary Custody; Ex Parte Orders and Orders To Appear 33a-7. Preliminary Order of Temporary Custody or First Hearing; Actions by Judicial Authority 33a-8. Emergency, Life-Threatening Medical Situations— Procedures For previous Histories and Commentaries see the editions of the Practice Book corresponding to the years of the previous amendments. Sec. 33a-1. Initiation of Judicial Proceeding; Contents of Petitions and Summary of Facts (a) The petitioner shall set forth with reasonable particularity, including statutory references, the specific conditions which have resulted in the situ- ation which is the subject of the petition. (b) A summary of the facts substantiating the allegations of the petition, including such facts as bring the child or youth within the jurisdiction of the court, shall be attached thereto and shall be incorporated by reference. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 26, 2020, to take effect Jan. 1, 2021.) Sec. 33a-2. Service of Summons, Petitions and Ex Parte Orders (a) A summons accompanying a petition alleg- ing that a child or youth is neglected, abused or uncared for, along with the summary of facts, shall be served by the petitioner on the respondents, alleged genetic parents, and persons presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) and provided to the Office of the Attorney General at least fourteen days before the date of the initial plea hearing on the petition, which shall be held not more than forty-five days from the date of filing the petition. (b) A summons accompanying a petition for termination of parental rights, along with the sum- mary of facts, shall be served by the petitioner on the respondents, alleged genetic parents, and persons presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) and provided to the Office of the Attorney General at least ten days prior to the date of the initial plea hearing on the petition, which shall be held not more than thirty days after the filing of the petition, except in 357 the case of a petition for termination of parental rights based on consent, which shall be held not more than twenty days after the filing of the petition. (c) A summons accompanying simultaneously filed coterminous petitions, along with the sum- mary of facts, shall be served by the petitioner on the respondents, alleged genetic parents, and persons presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) and provided to the Office of the Attorney General at least ten days prior to the date of the initial plea hearing on the petition, which shall be held not more than thirty days after the filing of the petitions, except in the case of a petition for termination of parental rights based on consent, which shall be held not the more than twenty days after the filing of petition. (d) A summons accompanying any petition filed with an application for order of temporary custody shall be served by the petitioner on the respon- dents, alleged genetic parents, and persons pre- sumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) and provided to the Office of the Attorney General as soon as practica- ble after the issuance of any ex parte order or order to appear, along with such order, any sworn statements supporting the order, the summary of facts, the specific steps provided by the judicial authority, and the notice required by Section 33a-6. (e) Whenever the Commissioner of the Depart- ment of Children and Families obtains an ex parte order of temporary custody or an order to appear and show cause from the judicial authority, he or she shall provide the clerk with a sealed envelope marked ‘‘Attention: Counsel for Chil- d(ren)’’ containing the following information: the © Copyrighted by the Secretary of the State of the State of Connecticut Sec. 33a-2 SUPERIOR COURT—PROCEDURE IN JUVENILE MATTERS name, phone number and email of the invest- igation social worker; the name, phone number and email of the treatment supervisor or social worker, if known; and the child(ren)’s placement or home address and phone number, and name of a placement contact person. The clerk shall ensure that counsel assigned to the child or youth is provided with said envelope at the time his or her appearance is filed. In the event the placement information changes prior to the preliminary hear- ing, the Commissioner of the Department of Chil- dren and Families shall notify counsel for the child or youth immediately. (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. 33a-3. Venue All child protection petitions shall be filed within the juvenile matters district where the child or youth resided at the time of the filing of the petition, but any child or youth born in any hospital or insti- tution where the birth parent is confined at the time of birth shall be deemed to have residence in the district wherein such child’s or youth’s birth parent was living at the time of the admission to such hospital or institution. When placement of a child or youth has been effected prior to filing of a petition, venue shall be in the district wherein the custodial parent is living at the time of the filing of the petition. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 14, 2024, to take effect Jan. 1, 2025.) Sec. 33a-4. Identity of Alleged Genetic Par- ent Unknown; Location of Respondent, Per- son Presumed To Be the Parent Pursuant to General Statutes § 46b-488 (a) (3) or Alleged Genetic Parent Unknown (Amended June 14, 2024, to take effect Jan. 1, 2025.) (a) If the identity of an alleged genetic parent is unknown when a petition is filed, an affidavit shall be attached reciting the efforts to identify that alleged genetic parent. The judicial authority may, in its discretion, require notice by publication to unidentified alleged genetic parents in any peti- tion for termination of parental rights. Such notice shall comply with General Statutes § 45a-716. (b) If the present location of a respondent, a person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) or an alleged genetic parent is unknown when a petition is filed, an affidavit shall be attached reciting the efforts to locate that person. Notice by publication to absent respondents, the person presumed to be the par- ent pursuant to General Statutes § 46b-488 (a) (3) or alleged genetic parents shall be required in any petition for termination of parental rights in accordance with General Statutes § 45a-716. (c) Subject to Section 32a-1 of these rules, the judicial authority may notify the chief public defender to assign counsel for absent respon- dents, person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) or alleged genetic parent who has received only constructive notice of termination of parental rights proceed- ings, for the limited purposes of conducting a rea- sonable search for respondents, person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) or alleged genetic parents and reporting to the judicial authority before any adjudication. the absent (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 14, 2024, to take effect Jan. 1, 2025.) Sec. 33a-5. Address of Person Entitled to Personal Service Unknown If the address of any person entitled to personal service is unknown, service may be by publication as ordered by the judicial authority. (Adopted June 24, 2002, to take effect Jan. 1, 2003.) Sec. 33a-6. Order of Temporary Custody; Ex Parte Orders and Orders To Appear (a) If the judicial authority finds, based upon the specific allegations of the petition and other verified affirmations of fact provided by the appli- cant, that there is reasonable cause to believe that: (1) the child or youth is suffering from serious physical illness or serious physical injury or is in immediate physical danger from his or her sur- roundings and (2) that as a result of said condi- tions, the child’s or youth’s safety is endangered and immediate removal from such surroundings is necessary to ensure the child’s or youth’s safety, the judicial authority shall, upon proper applica- tion at the time of filing of the petition or at any time subsequent thereto, either (A) issue an order to the respondents or other persons having respon- sibility for the care of the child or youth, including but not limited to persons named as the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) or the alleged genetic parent, to appear at such time as the judicial authority may designate to determine whether the judicial authority should vest in some suitable agency or person the child’s or youth’s temporary care and custody pending disposition of the peti- tion, or (B) issue an order ex parte vesting in some suitable agency or person the child’s or youth’s temporary care and custody. (b) A preliminary hearing on any ex parte order of temporary custody or order to appear issued 358 © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN JUVENILE MATTERS Sec. 33a-7 by the judicial authority shall be held as soon as practicable but not later than ten days after the issuance of such order. (c) If the application is filed subsequent to the filing of the petition, a motion to amend the petition or to modify protective supervision shall be filed no later than the next business date before such preliminary hearing. (d) Upon issuance of an ex parte order of tem- porary custody or order to appear, the judicial authority shall provide to the Commissioner of the Department of Children and Families and the respondents specific steps necessary for each to take for the respondents to retain or regain cus- tody of the child or youth. (e) An ex parte order of temporary custody or order to appear shall be accompanied by a con- spicuous notice to the respondents and other per- sons entitled to notice, including but not limited to persons named as the person presumed to be the parent pursuant to General Statutes § 46b- 488 (a) (3) or the alleged genetic parent, written in clear and simple language containing at least the following information: (i) That the order con- tains allegations that conditions in the home have endangered the safety and welfare of the child or youth; (ii) that a hearing will be held on the date on the form; (iii) that the hearing is the opportunity to present the respondents’ position concerning the alleged facts; (iv) that the respondent, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3), and the per- son named as the alleged genetic parent have the right to remain silent; (v) that an attorney will be appointed for respondents, the person pre- sumed to be the parent pursuant to General Stat- utes § 46b-488 (a) (3) and the alleged genetic parent who cannot afford an attorney by the chief public defender; (vi) that respondents, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3), and the alleged genetic parent may apply for state paid representation by going in person to the court address on the form and are advised to go as soon as possible in order for the attorney to prepare for the hearing; (vii) if such respondents, the person presumed to be the parent pursuant to § General Statutes 46b-488 (a) (3), and alleged genetic parents have any questions concerning the case or appointment of counsel, they are advised to go to the court, or contact the clerk’s office, or contact the chief pub- lic defender as soon as possible, and (viii) that such respondents or persons having responsibil- ity for the care and custody of the child or youth may request the Commissioner of Children and Families to investigate placing the child or youth with a person related to the child or youth by blood, marriage or law who might serve as a licensed foster parent or temporary custodian for such child or youth. (f) Upon application for state paid represen- tation, the judicial authority shall promptly deter- mine eligibility and, if the respondent, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) or person named as the alleged genetic parent is eligible, promptly notify the chief public defender, who shall assign an attorney to provide representation. In the absence of such a request prior to the preliminary hearing, the chief public defender shall ensure that standby counsel is available at such hearing to assist and/or represent the respondents or other persons found eligible by the judicial author- ity. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 20, 2011, to take effect Jan. 1, 2012; amended June 14, 2024, to take effect Jan. 1, 2025.) Sec. 33a-7. Preliminary Order of Temporary Custody or First Hearing; Actions by Judi- cial Authority (Amended June 30, 2008, to take effect Jan. 1, 2009.) (a) At the preliminary hearing on the order of temporary custody or order to appear, or at the first hearing on a petition for neglect, uncared for, dependency, or termination of parental rights, the judicial authority shall: (1) first determine whether the necessary par- ties are present and that the rules governing ser- vice on or notice to nonappearing parties, and notice to persons named as the alleged genetic parent, grandparents, foster parents, relative care- givers, preadoptive parents, and any other person entitled to notice of the proceedings, as applica- ble, have been complied with, and should note these facts for the record, and may proceed with respect to the parties who (i) are present and have been properly served; (ii) are present and waive any defects in service; and (iii) are not present, but have been properly served. As to any party or person who has not been properly served, the judicial authority may continue the proceedings with respect to such party or person for a reason- able period of time for service to be made and con- firmed; (2) inform the respondents of the allegations contained in all petitions and applications that are the subject of the hearing; (3) inform the respondents, the person pre- sumed to be the parent pursuant to General Stat- utes § 46b-488 (a) (3), and persons named as to the alleged genetic parent of remain silent; right their 359 © Copyrighted by the Secretary of the State of the State of Connecticut Sec. 33a-7 SUPERIOR COURT—PROCEDURE IN JUVENILE MATTERS (4) ensure that an attorney, and where appro- priate, a separate guardian ad litem, has been assigned to represent the child or youth by the chief public defender, in accordance with General Statutes §§ 46b-129a (2), 46b-136, 51-296a and Section 32a-1 of these rules; (5) advise the respondents, the person pre- sumed to be the parent pursuant to General Stat- utes § 46b-488 (a) (3), and the alleged genetic parent of their right to counsel and their right to have counsel assigned if they are unable to afford representation, determine eligibility for state paid representation and notify the chief public defender to assign an attorney to represent any respondent, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3), and the alleged genetic parent who is unable to afford representation, as determined by the judicial authority; (6) advise the respondents of the right to a hear- ing on the petitions and applications, to be held not later than ten days after the date of the preliminary hearing if the hearing is pursuant to an ex parte order of temporary custody or an order to appear; statements acknowledging responsibility, inquire of the cus- todial respondent in neglect, uncared for and dependency matters, and of all respondents in termination matters, whether the allegations of the petition are presently admitted or denied; (7) notwithstanding prior any (8) make any interim orders, including visitation, that the judicial authority determines are in the best interests of the child or youth, and order spe- cific steps that the commissioner and the respon- dents shall take for the respondents to regain or to retain custody of the child or youth; (9) take steps to determine the identity of the alleged genetic parent of the child or youth, includ- ing, if necessary, inquiring of the birth parent of the child or youth, under oath, as to the identity and address of any person who might be the genetic parent of the child or youth and ordering genetic testing, if necessary and appropriate, and order service of the amended petition citing in the alleged genetic parent and notice of the hearing date, if any, to be made upon such person; (10) if the person named as the alleged genetic parent appears and admits that such person is the parent, provide such person and the birth par- ent with the notices which comply with General Statutes § 17b-27 and provide them with the opportunity to sign an acknowledgment of parent- age on forms which comply with General Statutes § 17b-27, which documents shall be executed and filed in accordance with General Statutes Chapter 360 815y and a copy delivered to the clerk of the Superior Court for juvenile matters. The clerk of the Superior Court for juvenile matters shall send the original acknowledgment of parentage to the Department of Public Health for filing in the par- entage registry maintained under General Stat- utes § 19a-42a, and shall maintain a copy of the acknowledgment of parentage in the court file; (11) in the event that the person named as an alleged genetic parent appears and denies that such person is the parent of the child or youth, order genetic testing to determine parentage in accordance with the Connecticut Parentage Act. The clerk of the court shall send a certified copy of any judgment adjudicating parentage to the Department of Public Health for filing in the par- entage registry maintained under General Stat- utes § 19a-42a. If the results of the genetic tests indicate that the person named as the alleged genetic parent is not the genetic parent of the child or youth, the court shall enter a judgment that such person is not the genetic parent, and the court shall remove such person from the case and afford such person no further standing in the case or in any subsequent proceeding regarding the child or youth; and the Commissioner of (12) identify any person or persons related to the child or youth by blood or marriage or law residing in this state or out of state who might serve as licensed foster parents or temporary cus- the todians, and order Department of Children and Families to investi- gate and determine the appropriateness of place- ment of the child or youth with such relative or relatives pursuant to General Statutes § 46b-129 (c) and provide a written report to the court no later than thirty days from the date of the preliminary hearing and notify all counsel of record or set a reasonable date for such a report if a relative lives outside the state. (b) At the preliminary hearing on the order of temporary custody or order to appear, the judicial authority may provide parties an opportunity to present argument with regard to the sufficiency of the sworn statements. (c) If any respondent fails, after proper service, to appear at the preliminary hearing, the judicial authority may enter or sustain an order of tempo- rary custody. (d) Upon request, or upon its own motion, the judicial authority shall schedule a hearing on the order for temporary custody or the order to appear to be held as soon as practicable but not later than ten days after the date of the preliminary hearing. Such hearing shall be held on consecu- © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN JUVENILE MATTERS Sec. 33a-8 tive days except for compelling circumstances or at the request of the respondents. (e) Subject to the requirements of Section 33a- 7 (a) (6), upon motion of any party or on its own motion, the judicial authority may consolidate the hearing, on the order of temporary custody or order to appear with the adjudicatory phase of the trial on the underlying neglect or uncared for petition. At a consolidated order of temporary cus- tody and neglect or uncared for adjudication hear- ing, the judicial authority shall determine the outcome of the order of temporary custody based upon whether or not continued removal is neces- sary to ensure the child’s or youth’s safety, irre- spective of there is sufficient evidence to support an adjudication of neglect or uncared for. Nothing in this subsection prohibits the judicial authority from proceeding to disposition of the underlying petition immediately after such consolidated hearing if the social study has been filed and the parties had previously agreed to sustain the order of temporary custody and waived the ten day hearing or the parties should reasonably be ready to proceed. its findings on whether (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 21, 2010, to take effect Jan. 1, 2011; amended June 20, 2011, to take effect Jan. 1, 2012; amended June 15, 2012, to take effect Jan. 1, 2013; amended June 14, 2024, to take effect Jan. 1, 2025.) Sec. 33a-8. Emergency, Life-Threatening Medical Situations—Procedures When an emergency medical situation exists which requires the immediate assumption of tem- porary custody of a child or youth by the Commis- sioner of the Department of Children and Families in order to save the child’s or youth’s life, two physicians under oath must attest to the need for such medical treatment. Oral permission by the judicial authority may be given after receiving sworn oral testimony of two physicians that the specific surgical or medical intervention is abso- lutely necessary to preserve the child’s or youth’s life. The judicial authority may grant the temporary custody order ex parte or may schedule an imme- diate hearing prior to issuing said order. At any immediate hearing the two physicians shall be available for testifying, and the judicial authority shall appoint counsel for the child or youth and notify the chief public defender as soon as practi- cable that said counsel has been appointed. If the judicial authority grants the temporary custody order ex parte by oral permission, based on the sworn oral testimony from the physicians, the Commissioner of the Department of Children and Families shall file the application for a temporary custody order together with a neglect or uncared for petition on the next business day following the granting of such order. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 30, 2008, to take effect Jan. 1, 2009.) 361 © Copyrighted by the Secretary of the State of the State of Connecticut