Current Through April 2016

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed.

Consequences

Citation: Gen. Stat. § 54-216 The Office of Victim Services or, on review, a victim compensation commissioner may order that services be provided for the restitution of any person eligible for such services in accordance with the provisions of §§ 54-201 to 54-233, inclusive. Such services may include, but shall not be limited to, medical, psychiatric, psychological, and social services and social rehabilitation services.

The Office of Victim Services or, on review, a victim compensation commissioner may order that such restitution services be provided to victims of child abuse and members of their families, victims of sexual assault and members of their families, victims of domestic violence and members of their families, members of the family of any victim of homicide, and children who witness domestic violence, including, but not limited to, children who are not related to the victim. For the purposes of this subsection, ‘members of their families’ or ‘member of the family’ does not include the person responsible for such child abuse, sexual assault, domestic violence, or homicide.

Current Through February 2016

Physical Abuse

Citation: Gen. Stat. § 46b-120 The term ‘abused’ means that a child or youth:

• Has been inflicted with physical injury or injuries by other than accidental means
• Has injuries that are inconsistent with the history given of them
• Is in a condition that is the result of maltreatment that includes, but is not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment, or cruel punishment

Neglect

Citation: Gen. Stat. § 46b-120 A child or youth may be found ‘neglected’ who, for reasons other than being impoverished:

• Has been abandoned
• Is being denied proper physical, educational, emotional, or moral care and attention
• Is being permitted to live under conditions, circumstances, or associations injurious to the well-being of the child or youth
• Has been abused

A child or youth may be found ‘uncared for’ who is homeless; whose home cannot provide the specialized care that the physical, emotional, or mental condition of the child requires; or who has been identified as a victim of trafficking, as defined in § 46a-170.

Sexual Abuse/Exploitation

Citation: Gen. Stat. § 46b-120 The term ‘abuse’ includes sexual molestation or exploitation.

Emotional Abuse

Citation: Gen. Stat. § 46b-120 The term ‘abuse’ includes emotional maltreatment.

Abandonment

Citation: Gen. Stat. § 46b-120
A child or youth may be found ‘neglected’ who has been abandoned.

Standards for Reporting

Citation: Gen. Stat. § 17a-101a
A report is required when a mandatory reporter, in the ordinary course of his or her employment or profession, has reasonable cause to suspect or believe that any child under age 18:

• Has been abused or neglected
• Has suffered a nonaccidental physical injury or an injury that is inconsistent with the history given of such injury
• Is placed at imminent risk of serious harm

Persons Responsible for the Child

Citation: Gen. Stat. § 46b-120 Responsible persons include the child’s parents or guardian.

Exceptions

Citation: Gen. Stat. § 46b-120 The treatment of any child by an accredited Christian Science practitioner, in lieu of treatment by a licensed practitioner of the healing arts, shall not of itself constitute neglect or maltreatment.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Gen. Stat. §§ 46b-38a; 46b-38h  ‘Family violence’ means an incident resulting in physical harm, bodily injury, or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury, or assault between family or household members. Verbal abuse or argument shall not constitute family violence unless there is present danger and the likelihood that physical violence will occur.

‘Family violence crime’ means a crime as defined in § 53a-24, other than a delinquent act, which, in addition to its other elements, contains as an element an act of family violence to a family or household member. ‘Family violence crime’ does not include acts by parents or guardians disciplining minor children, unless such acts constitute abuse.

If any person is convicted of a violation of the crimes listed below against a family or household member, as defined in § 46b-38a, or a person in a dating relationship, the court shall include a designation that such conviction involved domestic violence on the court record for the purposes of criminal history record information. The crimes include:

• Assault
• Assault on an elderly, blind, disabled, or pregnant person, or a person with an intellectual disability
• Assault on a pregnant woman resulting in a miscarriage
• Assault with a firearm
• Threatening
• Reckless endangerment
• Strangulation
• Sexual assault
• Aggravated sexual assault
• Sexual assault in a spousal or cohabiting relationship
• Aggravated sexual assault of a minor
• Sexual assault with a firearm
• Stalking
• Harassment
• Criminal violation of a protective order, a standing criminal restraining order, or a restraining order

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation:This issue is not addressed in the statutes reviewed.

Persons Included in the Definition

Citation: Gen. Stat. § 46b-38a  ‘Family or household member’ means:

• Spouses or former spouses
• Parents and their children
• Persons related by blood or marriage
• Persons, other than those persons listed above, presently residing together or who have resided together
• Persons who have a child in common regardless of whether they are or have been married or have lived together at any time
• Persons in, or who have recently been in, a dating relationship

Current Through March 2015

Citation: Gen. Stat. § 17a-101e(b)

Any person, institution, or agency that in good faith makes, or in good faith does not make, a report shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed and shall have the same immunity with respect to any judicial proceeding that results from such report, provided such person did not perpetrate or cause such abuse or neglect.

Current Through February 2013

Individual Responsibility to Report

Citation: Gen. Stat. §§ 17a-101a; 17a-101b; 17a-101c; 17a-101h  A mandated reporter who has reasonable cause to suspect that a child has been abused or neglected shall make an oral report, by telephone or in person, not later than 12 hours after the reporter has cause to suspect. The report shall be made to the Commissioner of Children and Families or a law enforcement agency.

No later than 48 hours after making an oral report, a mandated reporter shall submit a written report to the Commissioner of Children and Families. When a mandated reporter is a member of the staff of a public or private institution or facility that provides care for the child or public or private school, the reporter also shall submit a copy of the written report to the person in charge of such institution, school, or facility. In the case of a report concerning a school employee holding a certificate, authorization, or permit issued by the State Board of Education, a copy of the written report also shall be sent by the Commissioner of Children and Families to the Commissioner of Education. In the case of an employee of a facility or institution that provides care for a child that is licensed by the State, a copy of the written report also shall be sent by the Commissioner of Children and Families to the executive head of the State licensing agency.

A person reporting child abuse or neglect shall provide any person authorized to conduct an investigation with all information related to the investigation that is in the possession or control of the reporter, except as expressly prohibited by State or Federal law.

Content of Reports

Citation: Gen. Stat. § 17a-101d  All oral and written reports shall contain, if known:

• The names and addresses of the child and the child’s parents or other persons responsible for the child’s care
• The age and gender of the child
• The nature and extent of the child’s injuries, maltreatment, or neglect
• The approximate date and time the child’s injuries, maltreatment, or neglect occurred
• Any information about previous injuries or maltreatment to the child or the child’s siblings
• The circumstances in which the maltreatment came to be known to the reporter
• The name of the person suspected to be responsible for the maltreatment
• The reasons the person is suspected of causing the maltreatment or neglect
• Any information concerning any prior cases in which the person has been suspected of causing an injury, maltreatment, or neglect of a child
• Whatever action, if any, was taken to assist the child

Reporting Suspicious Deaths

Citation: Gen. Stat. § 17a-101b  If the Commissioner of Children and Families receives a report that a child has died, the commissioner shall, within 12 hours of receipt of the report, notify the appropriate law enforcement agency.

Reporting Substance-Exposed Infants

Citation:This issue is not addressed in the statutes reviewed.

Agency Receiving the Reports

Citation: Gen. Stat. § 17a-103a  The Commissioner of Children and Families shall provide a telephone hotline for child abuse that shall be dedicated to receive reports of child abuse. The hotline shall accept all reports of abuse or neglect regardless of the relationship of the alleged perpetrator to the child who is the alleged victim and regardless of the alleged perpetrator’s affiliation with any organization or other entity in any capacity.

Initial Screening Decisions

Citation: Gen. Stat. § 17a-101g  Upon receiving a report of child abuse or neglect in which the alleged perpetrator is a person who is responsible for the child’s health, welfare, or care; given access to the child; or entrusted with the care of the child, the commissioner shall cause the report to be classified and evaluated immediately. If the report contains sufficient information to warrant an investigation, best efforts shall be made to commence an investigation of a report concerning an imminent risk of physical harm to a child or other emergency within 2 hours of receipt of the report and to commence an investigation of all other reports within 72 hours.

A report classified by the commissioner as lower risk may be referred for family assessment and services. Any such report may thereafter be referred for standard child protective services if safety concerns for the child become evident. A report referred for standard child protective services may be referred for family assessment and services at any time if the department determines there is a lower risk to the child.

Agency Conducting the Assessment/Investigation

Citation: Gen. Stat. §§ 17a-101g; 17a-101h  The child protective services investigation shall be conducted by the Department of Children and Families. If the report is a report of child abuse or neglect in which the alleged perpetrator is not a person specified above, the commissioner shall refer the report to the appropriate local law enforcement authority.

For reports classified as lower risk, the commissioner may establish a program of differential response whereby the report may be referred to appropriate community providers for family assessment and services without an investigation or at any time during an investigation, provided there has been an initial safety assessment of the circumstances of a family and child and criminal background checks have been performed on all adults involved in the report.

Any person authorized to conduct an investigation of abuse or neglect shall coordinate investigatory activities in order to minimize the number of interviews of any child and share information with other persons authorized to conduct an investigation of child abuse or neglect, as appropriate.

Assessment/Investigation Procedures

Citation: Gen. Stat. § 17a-101g  The investigation shall include a home visit at which the child and any siblings are observed, if appropriate; a determination of the nature, extent, and cause or causes of the reported abuse or neglect; a determination of the person or persons suspected to be responsible for such abuse or neglect; the name, age, and condition of other children residing in the same household; and an evaluation of the parents and the home. The report of the investigation shall be in writing. The investigation also shall include, but not be limited to, a review of criminal conviction information concerning the person or persons alleged to be responsible for the abuse or neglect and previous allegations of abuse or neglect relating to the child or other children residing in the household or relating to family violence.

Timeframes for Completing Investigations

Citation: State Agency Regs. § 17a-101(e)-4  Upon receipt of the report, the department shall make an initial assessment of the potential risk to the child and shall designate the report as:

• ‘Emergency,’ which will require same-day commencement of the investigation
• ‘Severe,’ which will require commencement of the investigation within the following day
• ‘Nonsevere,’ which will require commencement of the investigation within 3 working days

All investigations of reports will be completed within 45 calendar days.

Classification of Reports

Citation: State Agency Regs. § 17a-101(e)-4  The investigation is considered complete when the department staff have secured sufficient information through personal contact with the child, family, and/or other collateral sources (as appropriate) to:

• Determine whether the report is founded or unfounded
• Determine whether or not further department actions are required to protect and promote the well-being of the child or to assist the parent(s) or other child-caring person to more appropriately respond to and care for the child’s needs

Current Through April 2015

This issue is not addressed in the statutes reviewed.

Current Through August 2014

Making The Appointment

Citation: Gen. Stat. § 46b-129a  In proceedings in the Superior Court for a neglected, uncared-for, or dependent child under § 46b-129, the child shall be represented by counsel knowledgeable about representing such children who shall be assigned to represent the child by the office of Chief Public Defender, or appointed by the court if there is an immediate need for the appointment of counsel during a court proceeding. The court shall give the parties prior notice of such assignment or appointment. Counsel for the child shall act solely as attorney for the child.

If a child requiring assignment of counsel in a dependency proceeding is represented by an attorney for a minor child in an ongoing probate or family matter proceeding, the court may appoint the attorney to represent the child in the dependency proceeding provided that the counsel is knowledgeable about representing such children, and the court notifies the office of Chief Public Defender of the appointment. Any child who is subject to an ongoing probate or family matters proceeding who has been appointed a guardian ad litem (GAL) in such proceeding shall be assigned a separate GAL in a dependency proceeding if it is deemed necessary.

The Use of Court-Appointed Special Advocates (CASAs)

Citation:This issue is not addressed in the statutes reviewed.

Qualifications/Training

Citation: Gen. Stat. § 51-296  The Division of Public Defender Services shall provide legal services and GALs to children, youth, and indigent respondents:

• In family relations matters in which the State has been ordered to pay the cost of such legal services
• In proceedings before the superior court for juvenile matters

To carry out these requirements, the office of Chief Public Defender may contract with:

• Appropriate not-for-profit legal services agencies
• Individual lawyers or law firms for the delivery of legal services to represent children
• Mental health professionals as GALs in family relations matters

Any contract entered into pursuant to this subsection may include terms encouraging or requiring the use of a multidisciplinary agency model of legal representation.

The division shall establish a system to ensure that attorneys providing legal services are assigned to cases in a manner that will avoid conflicts of interest, as defined by the Rules of Professional Conduct.

The division shall establish training, practice, and caseload standards for the representation of children. The standards shall apply to each attorney who represents children and shall be designed to ensure high-quality legal representation. The training standards for attorneys required by this subdivision shall be designed to ensure proficiency in the procedural and substantive law related to such matters and to establish a minimum level of proficiency in relevant subject areas including, but not limited to, family violence, child development, behavioral health, educational disabilities, and cultural competence.

Specific Duties

Citation: Gen. Stat. § 46b-129a  The primary role of any counsel for the child shall be to advocate for the child in accordance with the Rules of Professional Conduct, except that if the child is incapable of expressing the child’s wishes to the child’s counsel because of age or other incapacity, the counsel for the child shall advocate for the best interests of the child.

If the court, based on evidence before it, or counsel for the child, determines that the child cannot act adequately in his or her own best interests, and the child’s wishes, as determined by counsel, if followed, could lead to substantial physical, financial, or other harm to the child unless protective action is taken, counsel may request and the court may order that a separate GAL be assigned for the child. In that case the court shall either appoint a GAL to serve on a voluntary basis or notify the office of Chief Public Defender who shall assign a separate GAL for the child. The GAL shall conduct an independent investigation of the case and may present information that is pertinent to the court’s determination of the best interests of the child at any hearing. The GAL shall be subject to cross-examination upon the request of opposing counsel.

The GAL is not required to be an attorney-at-law but shall be knowledgeable about the needs and protection of children and relevant court procedures. If a separate GAL is assigned, the person previously serving as counsel for the child shall continue to serve as counsel for the child and a different person shall be assigned as GAL, unless the court for good cause shown also determines that a different person should serve as counsel for the child, in which case the court shall notify the office of Chief Public Defender who shall assign a different person as counsel for the child. No person who has served as both counsel and GAL for a child shall thereafter serve solely as the child’s GAL.

How the Representative Is Compensated

Citation: Gen. Stat. §§ 46b-129a; 51-291  The counsel and GAL’s fees, if any, shall be paid by the office of Chief Public Defender unless the parents, guardian, or the estate of the child are able to pay, in which case the court shall assess the rate the parent or guardian is able to pay and the office of Chief Public Defender may seek reimbursement for the costs of representation from the parents, guardian, or estate of the child.

The Chief Public Defender shall:

• Maintain one or more lists of trial lawyers who may be available to represent parents or guardians and children in child protection and family relations matters from which lawyers shall be selected by a judge of the court before which the matter is to be heard
• Establish compensation for lawyers assigned to these cases for their services, to be paid from the budget of the Public Defender Services Commission

Current Through April 2014

When Case Plans Are Required

Citation: Gen. Stat. § 17a-15; Pol. Man. § 36-1  The commissioner of the Department of Children and Families shall prepare and maintain a written plan for care, treatment, and permanent placement of every child and youth under the commissioner’s supervision.

In policy: Initial and ongoing family case plans shall be developed for:

• All families with an open case
• Families with a child in placement whose permanent or concurrent plan is reunification
• Families with a child in placement (regardless of the child’s permanency plan) for whom the department is providing services (other than visitation) to address a parent’s or guardian’s identified needs

Initial and ongoing child in placement (CIP) case plans shall be developed for:

• Children who are at home but committed to the department
• Youth age 18 and older while their case remains open
• Children in out-of-home care regardless of age or placement type when the legal basis for the placement is:
  • A Voluntary Services Program placement
  • A court order
  • A voluntary placement agreement

Who May Participate in the Case Planning Process

Citation: Gen. Stat. § 17a-15; Pol. Man. § 36-1  The child and his or her parent or guardian may request a hearing to contest any provision in the plan.

In policy: The goal of case planning shall be to assess and address the family’s needs in a culturally and linguistically responsive manner through engagement and partnership with family members and service providers.

Contents of a Case Plan

Gen. Stat. § 17a-15; Pol. Man. § 36-1  The plan shall include, but not be limited to:

• A diagnosis of the problems of each child or youth
• The proposed plan of treatment services and temporary placement
• A goal for permanent placement of the child or youth that may include reunification with the parent, long-term foster care, independent living, transfer of guardianship, or adoption

The child or youth’s health and safety shall be the paramount concern in formulating the plan.

In policy: All of the following elements shall be included and discussed in the child’s case plan:

• A description of the conditions and safety factors that resulted in the child’s placement
• A description of the child, including the date of birth; race, ethnicity, and gender; languages spoken; immigration status; physical description; and strengths, skills, and interests
• The child’s emotional or behavioral status, including current diagnoses and medication and any unresolved issues
• The child’s educational development, including:
  • Grade level and performance
  • Special education needs, if applicable
  • Proximity to the school of origin from home at the time of removal
  • If applicable, the reason the child did not remain in school of origin
• A description of child’s social support, including family and community resources
• A description of the child’s current placement
• The rationale for visitation or other contact with parents, siblings, and others who have a significant role in the life of the child
• A discussion of the child’s physical health, including medical, dental, and vision information; immunizations and medications; and any diagnoses
• An assessment of adult relatives and other potential permanency resources, including grandparents, aunts, uncles, siblings, cousins, and step- and half-relatives

The plan for a child who is age 13 or older shall include, but not be not limited to, the following topics:

• The child’s need to develop life skills and knowledge to enable self-sufficient living
• The need for an assessment to determine the child’s educational or vocational interests and level of ability, and/or post-high school educational interests
• Whether the child has taken a career interest assessment/learning style inventory
• Issues of sexual orientation
• Issues of cultural awareness
• The need for future referral to adult services
• Medical coverage
• Housing
• Finances (including any ongoing sources of income and any survivor benefits)
• Parenting issues
• Independent Living Passport and essential documents
• The identification of workforce supports or employment services

Current Through January 2016

Schedule of Hearings

Citation: Gen. Stat. § 46b-129; DCF Pract. Guide § IIIA review hearing shall be held within 60 days of the child’s removal from the home.

A permanency hearing must be held:

• Nine months after the child or youth has been placed in the care and custody of the Commissioner of Children and Families
• Nine months after a permanency plan has been approved by the court
• Every 12 months after the initial permanency hearing while the child or youth remains in care or, if the youth is age 18 or older, while the youth remains in voluntary placement with the Department of Children and Families

In policy: Administrative case reviews are conducted by the department for all children in the custody of the department no less frequently than once every 6 months (180 days). The initial review is determined from the date of the most recent removal from the child’s home. The date of placement is the date when the department becomes legally responsible for the child.

Persons Entitled to Attend Hearings

Citation: Gen. Stat. § 46b-129; DCF Pract. Guide § IIIThe court shall provide notice to the child and the parent or guardian of the child of the time and place of the court hearing no less than 14 days prior to such hearing.

A foster parent, prospective adoptive parent, or relative caregiver shall receive notice and have the right to be heard in any proceeding concerning a foster child living with such foster parent, prospective adoptive parent, or relative caregiver. A foster parent, prospective adoptive parent, or relative caregiver who has cared for a child shall have the right to be heard and comment on the best interests of such child in any proceeding that is brought no later than 1 year after the last day the foster parent, prospective adoptive parent, or relative caregiver provided such care.

Upon motion of any sibling of any child committed to the Department of Children and Families, such sibling shall have the right to be heard concerning visitation with, and placement of, any such child. In awarding any visitation or modifying any placement, the court shall be guided by the best interests of all siblings affected by such determination.

In policy: The persons invited to the case review meeting should include, but not be limited to:

• The parents or guardians
• The child (when age appropriate)
• Anyone the parents, guardians, or child see as a support
• Attorneys for the parents and child or guardians ad litem
• Community and placement providers
• Any professional involved with the child or family
• School personnel
• Any department staff who provide services to the child and family

Determinations Made at Hearings

Citation: Gen. Stat. § 46b-129; DCF Pract. Guide § IIIAt the review hearing, the court shall determine whether the department made reasonable efforts to keep the child with his or her parents or guardian prior to the removal of the child from home and, if such efforts were not made, whether such reasonable efforts were not possible, taking into consideration the child’s best interests, including his or her health and safety.

At the permanency hearing, the court shall ask the child or youth about his or her desired permanency outcome and shall review:

• The status of the child
• The progress being made to implement the permanency plan
• The timetable for attaining the permanency plan
• The services to be provided to the parent if the court approves a permanency plan of reunification and the timetable for such services
• Whether the department has made reasonable efforts to achieve the permanency plan

In policy: At the case review meeting, the following determinations are made:

• The physical and psychological safety of the child
• The appropriateness and continuing necessity for the placement
• The treatment and monitoring of any trauma associated with maltreatment and removal from home
• The extent of compliance with the case plan
• The extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care
• A projected likely date by which the child may be returned to and safely maintained in the home or placed for adoption or legal guardianship

Permanency Options

Citation: Gen. Stat. § 46b-129  At the permanency hearing, the court shall approve a permanency plan that is in the best interests of the child and takes into consideration the child’s need for permanency. The child’s health and safety shall be of paramount concern in formulating the plan. Such permanency plan may include the goal of:

• Revocation of commitment and reunification of the child with the parent, with or without protective supervision
• Transfer of guardianship or permanent legal guardianship
• Filing of termination of parental rights and adoption
• For a child age 16 or older, another planned permanent living arrangement

Another planned permanent living arrangement may be ordered by the court only after the commissioner of the department has documented a compelling reason why it would not be in the best interests of the child for the permanency plan to include another permanency goal. Such other planned permanent living arrangement shall, whenever possible, include an adult who has a significant relationship with the child, and who is willing to be a permanency resource, and may include, but not be limited to, placement of a youth in an Independent Living program or long-term foster care with an identified foster parent.

Current Through March 2016

Citation: Gen. Stat. § 45a-719  ‘Best interests of the child’ shall include, but not be limited to, a consideration of the age of the child, the nature of the relationship of the child with his or her caregiver, the length of time the child has been in the custody of the caregiver, the nature of the relationship of the child with the birth parent, the length of time the child has been in the custody of the birth parent, any relationship that may exist between the child and siblings or other children in the caregiver’s household, and the psychological and medical needs of the child. The determination of the best interests of the child shall not be based on a consideration of the socioeconomic status of the birth parent or the caregiver.

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Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Gen. Stat. §§ 17a-111a; 17a-111b; 17a-112  The Commissioner of Children and Families shall file a petition to terminate parental rights if:

• The child has been foster care for at least 15 consecutive months, or at least 15 months during the 22 months immediately preceding the filing of such petition.
• The parent has abandoned the child.
• The parent has inflicted sexual abuse, sexual exploitation, or severe physical abuse on the child or has engaged in a pattern of abuse of the child.
• The parent is unable or unwilling to benefit from reunification efforts.
• The parent was convicted of a sexual assault that resulted in the conception of a child. The court may terminate the rights of the parent to such child at any time after the conviction.
• A court has found that the parent has:
  • Killed, through a deliberate, non-accidental act, a sibling of the child
  • Requested, attempted, conspired, or solicited to commit the killing of the child or a sibling of the child
  • Assaulted the child or sibling of the child, and such assault resulted in serious bodily injury to the child
• The parent has failed to maintain a reasonable degree of interest, concern, or responsibility as to the welfare of the child.
• The parental rights of the parent to a sibling have been terminated within 3 years of the filing of a petition, provided the commissioner has made reasonable efforts to reunify the parent with the child for a period of at least 90 days.

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Gen. Stat. § 17a-111a  A petition to terminate rights shall be filed when the child has been in the custody of the Commissioner of Children and Families for at least 15 of the most recent 22 months unless:

• The child has been placed in the care of a relative.
• There is a compelling reason to believe that termination of rights is not in the best interests of the child.
• The parent has not been offered the services specified in the permanency plan to reunify the parent with the child.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through February 2013

Infant’s Age

Citation: Gen. Stat. § 17a-58

A child who is 30 days old or younger may be relinquished.

Who May Relinquish the Infant

Citation: Gen. Stat. § 17a-58

The child may be relinquished by his or her parent or a lawful agent of the parent.

Who May Receive the Infant

Citation: Gen. Stat. § 17a-57

Each hospital operating an emergency room shall designate all members of the emergency room nursing staff as employees authorized to take physical custody of an infant pursuant to § 17a-58. There shall be a designated employee on duty at each hospital emergency room during regular business hours. There shall be a designated place inside such hospital emergency room where physical custody may be taken.

Responsibilities of the Safe Haven Provider

Citation: Gen. Stat. §§ 17a-58; 17a-59

The designated employee shall take physical custody of any infant age 30 days or younger if the parent or lawful agent of the parent voluntarily surrenders physical custody of the infant unless the parent or agent clearly expresses an intent to return for the infant. The designated employee may request the parent or agent to provide the name of the parent or agent and information on the medical history of the infant and parents.

The designated employee may provide the parent or agent with a numbered identification bracelet to link the parent or agent to the infant. The bracelet shall be used for identification only and shall not be construed to authorize the person who possesses the bracelet to take custody of the infant on demand. The designated employee shall provide the parent or agent with a pamphlet describing the process of safe relinquishment.

No more than 24 hours after taking physical custody of the infant, the designated employee shall notify the Department of Children and Families of such custody.

Immunity for the Provider

This issue is not addressed in the statutes reviewed.

Protection for Relinquishing Parent

Citation: Gen. Stat. §§ 17a-60; 53-23

Information concerning a parent or agent or infant left with a designated employee shall be confidential, except that the provider shall furnish to the Commissioner of Children and Families all medical history information provided by the parent.

Leaving an infant with a safe haven provider is not a violation of the law of child abandonment.

Effect on Parental Rights

Citation: Gen. Stat. §§ 17a-59; 17a-60

The Commissioner of Children and Families shall assume the care and control of the infant immediately upon receipt of notice and shall take any action authorized under State law to achieve safety and permanency for the infant. Any infant in the care and control of the commissioner under the provisions of this section shall be considered to be in the custody of the department.

If a person claiming to be a parent or agent of an infant left with a designated employee submits a request to the Commissioner of Children and Families for reunification with the infant, the commissioner may identify, contact, and investigate such person or agent to determine if such reunification is appropriate or if the parental rights of the parent should be terminated.

Possession of a bracelet linking the parent or agent to an infant left with a designated employee if parental rights have not been terminated creates a presumption that the parent or person has standing to participate in a custody hearing for the infant and does not create a presumption of maternity, paternity, or custody.

Current Through December 2014

Definitions

Citation: Gen. Stat. §§ 17a-126; 45a-604; Code of Regs. § 17a-126-2  As used in this section, the term ‘relative caregiver’ means a person who is caring for a child related to that person because the parent of the child has died or has become otherwise unable to care for the child for reasons that make reunification with the parent and adoption not viable options within the foreseeable future. ‘Permanent guardianship’ means a guardianship that is intended to endure until the minor reaches the age of majority without termination of the parental rights of the minor’s parents.

In regulation: The term ‘guardian’ means one who has the authority and obligations of ‘guardianship,’ as defined below. The term ‘subsidized guardian’ means a person to whom legal guardianship has been awarded and who otherwise qualifies for a subsidy under §§ 17a-126-1 through 17a-126-23, inclusive, of the regulations of Connecticut State Agencies.

Purpose of Guardianship

Citation: Gen. Stat. § 17a-126  The court shall issue an order for permanent legal guardianship if the court finds, by clear and convincing evidence, that the permanent legal guardianship is in the best interests of the child and that the following have been proven by clear and convincing evidence:

• One of the statutory grounds for termination of parental rights exists or the parents have voluntarily consented to the establishment of the permanent legal guardianship.
• Adoption of the child or youth is not possible or appropriate.
• If the child is as least age 12, the child consents to the proposed permanent legal guardianship.
• If the child is under age 12, the proposed permanent legal guardian is a relative or already serving as the permanent legal guardian of at least one of the child’s siblings, if any.
• The child has resided with the proposed permanent legal guardian for at least 1 year.
• The proposed permanent legal guardian is a suitable and worthy person and is committed to remaining the permanent legal guardian and assuming the right and responsibilities for the child or youth until the child or youth attains the age of majority.

A Guardian’s Rights and Responsibilities

Citation: Code of Regs. §§ 17a-126-2; 17a-114-19  The term ‘guardianship’ means guardianship of the person of a minor, which includes:

• The obligation of care or control
• The authority to make major decisions affecting the child’s welfare, which the child cannot make on his own, including, but not limited to, consent determinations regarding marriage; enlistment in the armed forces; and major medical, psychiatric, or surgical treatment

In regulation: Certified relatives shall:

• Have the right to attend administrative case review and treatment plan review hearings and to provide pertinent information regarding their child’s care
• Comply with the guardian’s plan for the child and work cooperatively with the guardian in all matters pertaining to the child’s welfare
• Accept and cooperate with arrangements made for the child to have contact with his or her parents and with the frequency indicated by the commissioner

Qualifying the Guardian

Citation: Code of Regs. §§ 17a-114-16; 17a-114-17; 17a-114-18; 17a-114-19  The commissioner may place a child with a relative who is not certified for a period of up to 45 days provided:

• A satisfactory home visit is conducted and a basic assessment of the family is completed.
• The relative attests that he or she and any adult living within the household have not been convicted of any crime or arrested for a felony against a person; for injury or risk of injury to or impairing the morals of a child; or for the possession, use, or sale of any controlled substance.

A certified relative shall comply with all relevant regulations unless a waiver for specific requirements has been granted by the commissioner. A waiver shall be issued only if the relative is in substantial compliance with the intent of the relevant statutes or regulations being waived or that the intent of the specific requirement to be waived will be satisfactorily achieved in a manner other than that prescribed by the requirement.

Certified relatives and all other members of the household shall attest to whether they are or are not free of communicable disease and physical, mental, or emotional infirmities that would interfere with their ability to care for children. Certified relatives and other members of the household shall be of good character, habits, and reputation.

Certified relatives shall be capable of providing:

• Care, guidance, and supervision of the child, including the handling of emergency situations involving the child
• Adequate opportunities for recreational, cultural, and educational activities both within the family and in the community
• The child with the opportunity for religious training appropriate to the child’s religious denomination
• For the child to attend school regularly
• Cooperation with the proper authorities in relation to the child’s educational needs
• For the child’s physical and emotional needs

Procedures for Establishing Guardianship

Citation: Gen. Stat. § 17a-126  Upon finding and adjudging that any child or youth is uncared-for, neglected, or abused the court may:

• Vest such child’s or youth’s legal guardianship with any person or persons found to be suitable and worthy of such responsibility by the court, including, but not limited to, any relative of the child or youth by blood or marriage
• Vest the child’s or youth’s permanent legal guardianship in any person or persons found to be suitable and worthy of such responsibility by the court, including, but not limited to, any relative of such child or youth by blood or marriage

If the court determines that someone other than the respondent parent, parents, or former guardian should have custody of the child, or if parental rights are terminated at any time, there shall be a rebuttable presumption that an award of legal guardianship or permanent legal guardianship to, or adoption upon termination of parental rights by, any relative who is licensed as a foster parent for the child or youth, or who is, pursuant to an order of the court, the temporary custodian of the child or youth, shall be in the best interests of the child or youth and that the relative is a suitable and worthy person to assume legal guardianship or permanent legal guardianship. The presumption may be rebutted by a preponderance of the evidence that an award of legal guardianship or permanent legal guardianship to, or an adoption by, the relative would not be in the child’s or youth’s best interests and the relative is not a suitable and worthy person.

Contents of a Guardianship Order

This issue is not addressed in the statutes and regulations reviewed.

Modification/Revocation of Guardianship

Citation: Gen. Stat. § 17a-126  An order of permanent legal guardianship may be reopened and modified, and the permanent legal guardian removed upon the filing of a motion with the court, provided it is proven by a fair preponderance of the evidence that the permanent legal guardian is no longer suitable and worthy. A parent may not file a motion to terminate a permanent legal guardianship.

If the court has ordered legal guardianship of a child or youth to be vested in a suitable and worthy person, the child’s parent or former legal guardian may file a motion to reinstate guardianship of the child in the parent or former legal guardian. Upon the filing of such a motion, the court may order the Commissioner of Children and Families to investigate the home conditions and needs of the child and the home conditions of the person seeking reinstatement of guardianship, and to make a recommendation to the court. Upon finding that the cause for the removal of guardianship no longer exists, and that reinstatement is in the best interests of the child, the court may reinstate the guardianship of the parent or the former legal guardian. No such motion may be filed more often than once every 6 months.

Eligibility for Guardianship Subsidy

Citation: Gen. Stat. § 17a-126; Code of Regs. § 17a-126-3  The commissioner shall establish a program of subsidized guardianship for the benefit of children in foster care who have been living with relative caregivers, who are licensed foster care providers, and who have been in foster care for not less than 6 consecutive months.

In regulation: A relative caregiver may request a guardianship subsidy from the Department of Children and Families for a child in the care or custody of the commissioner for not less than 18 months.

The commissioner may classify a child and the child’s relative caregiver as qualified for the subsidized guardianship program if it is determined that the child is in the care or custody of the commissioner, is living with the relative caregiver, has been in foster care or certified relative care for not less than 18 months, the relative caregiver is the proposed guardian for the child, and reunification with the parent is not a viable option within the foreseeable future because of one or more conditions including, but not limited to:

• Death of the parent
• Abandonment of the child by the parent
• Physical or mental disability of the parent
• Serious emotional maladjustment of the parent
• Failure of the parent to achieve rehabilitation that is adequate to provide for the child
• Age of the child when considered with other factors in the child’s functioning, and circumstances that present a barrier to reunification

The department shall determine through an assessment period not less than 12 nor more than 18 months from the time the child was placed with the relative caregiver, who is requesting the subsidy, that the relative caregiver is capable of providing for the care of the child’s physical, mental, emotional, educational, and medical needs without the continued provision of services by or through the department beyond the subsidies.

Links to Agency Policies

Department of Children and Families Agency Regulations:

• Sections 17a-114-14 through 17a-114-25, Relative Certification
• Sections 17a-126-1 through 17a-126-23, Subsidized Guardianship

Connecticut Department of Children and Families, Report on Kinship Care (PDF – 569 KB)

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ann. Stat. §§ 17a-126; 17a-101m  A relative caregiver is a person related to and caring for a child because the parent of the child has died or has become otherwise unable to care for the child for reasons that make reunification with the parent and adoption not viable options within the foreseeable future.

Immediately upon the removal of a child from the custody of the child’s parent or guardian pursuant to § 17a-101g(e) or § 46b-129, the Department of Children and Families shall exercise due diligence to identify all grandparents and other adult relatives of the child, including any adult relatives suggested by the parents, subject to exceptions due to family or domestic violence. No later than 30 days after the removal, the department shall provide such grandparents and other relatives with notice that:

• Informs them that the child has been or is being removed from the custody of the child’s parent or guardian
• Explains the options that the relative has under Federal, State, and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice
• Describes the requirements:
  • To obtain a foster care license pursuant to § 17a-114
  • To access additional services and supports that are available for children placed in such a home
• Describes the subsidized guardianship program under § 17a-126, including:
  • Eligibility requirements
  • The process for applying to the program
  • Financial assistance available under the program

Requirements for Placement with Relatives

Citation: Ann. Stat. §§ 17a-114; 17a-98a  No child shall be placed with any person unless such person is licensed for that purpose.

Each applicant for licensure and any person age 16 or older living in the household of such applicant must submit to State and national criminal history records checks prior to issuing a license.

The commissioner may place a child with a relative who is not licensed, an unlicensed nonrelative if the child is being placed with a sibling who is related to the caregiver, or, if the child is age 10 or older, with a special study foster parent for a period of up to 90 days when:

• The placement is in the best interests of the child.
• A satisfactory home visit is conducted.
• A basic assessment of the family is completed.
• The caregiver attests that he or she and any adult living within the household has not been convicted of a crime or arrested for a felony against a person; for injury or risk of injury to or impairing the morals of a child; or for the possession, use, or sale of a controlled substance.

Any such relative, nonrelative, or special study foster parent who accepts placement of a child shall be subject to licensure by the commissioner. The commissioner may grant a waiver from such regulations for a child placed with a relative on a case-by-case basis, including any standard regarding separate bedrooms or room-sharing arrangements, if such placement is otherwise in the best interests of such child, provided no procedure or standard that is safety-related may be waived. The commissioner shall document, in writing, the reason for granting any waiver from such regulations.

The department shall establish a kinship navigator program to ensure that:

• The department informs the relative caregiver of the procedures to become licensed as a foster parent.
• Grandparents and other relatives caring for a minor child are provided with information on the array of State services and benefits for which they may be eligible.

Requirements for Placement of Siblings

Citation: Ann. Stat. § 46b-129(j)(4), (q)  When placing siblings, the department shall, if possible, place such children together.

Upon motion of any sibling of any child committed to the Department of Children and Families pursuant to this section, such sibling shall have the right to be heard concerning visits with, and placement of, any such child. In approving any plan for visiting or modifying any placement, the court shall be guided by the best interests of all siblings affected by such determination.

Relatives Who May Adopt

This issue is not addressed in the statutes reviewed.

Requirements for Adoption by Relatives

This issue is not addressed in the statutes reviewed.

Current Through March 2016

What Are Reasonable Efforts

Citation: Gen. Stat. § 46b-129  The term ‘reasonable efforts’ refers to the services to be provided to the parents and the steps the parents may take to address the problems that prevent the child from safely reuniting with the parents.

When Reasonable Efforts Are Required

Citation: Gen. Stat. §§ 46B-129; 17a-111b  The Department of Children and Families must make reasonable efforts to keep the child or youth with his or her parents prior to the issuance of an order to remove the child from the home. If the child is removed from the home, reasonable efforts must be made to achieve the goals of the permanency plan.

The Commissioner of Children and Families shall make reasonable efforts to reunify a parent with a child unless the court (1) determines that such efforts are not required pursuant to § 17a-111b(b) or § 17a-112(j), or (2) has approved a permanency plan other than reunification pursuant to § 46b-129(k).

When Reasonable Efforts Are NOT Required

Citation: Gen. Stat. § 17a-111b  The commissioner or any other party may, at any time, file a motion with the court for a determination that reasonable efforts to reunify the parent with the child are not required. The court may determine that such efforts are not required if the court finds upon clear and convincing evidence that:

• The parent has subjected the child to the following aggravated circumstances:
  • The parent has abandoned the child.
  • The parent has inflicted or knowingly permitted another person to inflict sexual molestation or exploitation or severe physical abuse on the child or engaged in a pattern of abuse of the child.
• The parent has killed, through deliberate, nonaccidental act, another child of the parent or a sibling of the child; or has requested, commanded, importuned, attempted, conspired, or solicited to commit or knowingly permitted another person to commit the killing of the child, another child of the parent, or a sibling of the child.
• The parent has committed or knowingly permitted another person to commit an assault, through deliberate, nonaccidental act, that resulted in serious bodily injury of the child, another child of the parent, or a sibling of the child.
• The parental rights of the parent to a sibling have been terminated within 3 years of the filing of a petition pursuant to this section, provided the commissioner has made reasonable efforts to reunify the parent with the child for at least 90 days.
• The parent was convicted of sexual assault, except a conviction of a violation of § 53a-71 or 53a-73a resulting in the conception of the child.
• The child was placed in the care and control of the commissioner pursuant to the provisions of §§ 17a-57 to 17a-61, inclusive.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation: Ann. Stat. § 45a-624  A parent or guardian, as principal, may designate a standby guardian of a minor in accordance with the provisions of §§ 45a-624 to 45a-624g, inclusive.

How to Establish a Standby Guardian

Citation: Ann. Stat. §§ 45a-624; 45a-624bA designation of a standby guardian shall be in writing and signed and dated by the principal with at least two witnesses. The principal shall provide a copy of such designation to the standby guardian.

The form for a written designation of a standby guardian is provided in § 45a-624b.

How Standby Authority is Activated

Citation: Ann. Stat. §§ 45a-624; 45a-624c; 45a-624e  The designation shall take effect upon the occurrence of a specified contingency, including, but not limited to, the mental incapacity, physical debilitation, or death of the principal, provided a written statement signed under penalty of false statement has been executed pursuant to § 45a-624c that such contingency has occurred.

If a designation of a standby guardian is effective at the time of death of the principal, the designation shall remain in effect for a period of 90 days after the death. At the end of the 90-day period, the authority of the standby guardian shall cease, unless the standby guardian files an application for guardianship with the probate court in the district in which the minor resides and temporary custody of the minor is granted to the standby guardian or the court appoints the standby guardian as guardian of the person of the minor.

Involvement of the Noncustodial Parent

Citation: Ann. Stat. § 45a-624a
If both parents are alive at the time the designation is made, both must consent to the designation unless either has been removed as guardian or has had parental rights terminated.

Authority Relationship of the Parent and the Standby

Citation: Ann. Stat. §§ 45a-624d; 45a-624e  When a designation of a standby guardian becomes effective upon the occurrence of a specified contingency, the standby guardian shall have the authority and obligations of a guardian, as defined in § 45a-604(5). That designation shall be effective for a period of 1 year.

The standby guardian’s authority ends when the specified contingency no longer exists or after 1 year, whichever is sooner.

Withdrawing Guardianship

Citation: Ann. Stat. § 45a-624f  The principal may revoke a designation of a standby guardian at any time by written notification of the revocation to the standby guardian.