Understanding Neglect Petitions in Custody Hearings
Exploring the legal basis and process of neglect petitions in custody hearings, covering neglected, abandoned, or abused children, legal requirements for the petition, plea hearings, case conferences, social studies, and more to ensure the well-being of children involved in the legal proceedings.
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Custody Hearings: Adjudication and Disposition Karen Damboise, Esq. Christopher Oakley, Esq. Name Name, Esq Title Date cca-ct.org
Neglect Petition Legal Basis Neglected oAbandoned; oDenied proper care & attention (physically, educationally, emotionally, morally); or oPermitted to live under conditions injurious to well-being Uncaredfor oHomeless; oCannot provide specialized care that child requires; or oTrafficking victim oAbused oNon-accidential physical injury oInjuries at variance with history given; or oCondition resulting from maltreatment, e.g. malnutrition cca-ct.org
Neglect Petition, cont. Legal basis must not be due to poverty In addition to legal basis, petition much include: oJurisdictional Facts oSummary of Facts oHearing Date, Time & Location oReturn of Service cca-ct.org
Neglect Plea Hearing If ex parte OTC sustained by agreement, or after contested hearing, court schedules Case Status Conference (CSC) to discuss case and underlying neglect petition Initial plea hearing includes confirmation of paternity and service After CSC, schedule final date for plea and disposition, or trial on neglect petition cca-ct.org
Initial Neglect Plea Hearing (No OTC) Court will: Identify parties Take steps to confirm paternity Confirm notice/service Set Case Status Conference date to discuss issues, future plea and set trial date cca-ct.org
Case Status Conference with Court Services Officer (CSO) Review social study & how parents are doing Discuss plea on neglect petition Discuss custody disposition Visitation plan Role of other relatives Placement needs Requirements of parents & DCF outlined in Specific Steps Determine trial date or final plea/disposition date cca-ct.org
Social Study DCF must submit social study to the court for disposition purposes Must be provided in advance, subject to objection and cross-examination by author cca-ct.org
Plea Options Admit Deny Nolo contendere o Advised of rights o Voluntarily choose not to contest o Can still contest disposition oReview & sign form with attorney cca-ct.org
Rights and Role of Noncustodial Parent In re Joseph W, Conn Supreme Court (2012) Cannot presume father is noncustodial Noncustodial parent can challenge neglect adjudication Predictive Neglect standard oMore likely than not child would be denied proper care and attention, either physically, educationally, emotionally or morally, if he stayed in the situation oPetitioner must show standard met as to each parent May be allowed to Stand Silent on adjudication (PB 35a-1), but court may require existence of court order establishing noncustodial status Allowed to challenge adjudication, disposition and custody determination cca-ct.org
Noncustodial Parent In re David L., 54 Conn. App. 185 (1999) Noncustodial father appealed adjudication of neglect Custodial mother entered nolo plea Father did not contest that child was neglected by mother Court: Adjudication of neglect is not judgment that runs against parent, but rather a finding that child is neglected cca-ct.org
Mock Case File History YR-1 Report of medical and emotional neglect against mother for taking child off prescribed psychotropic meds Child s mental health worsened Unsubstantiated, but DCF kept open with treatment services cca-ct.org
Mock Case File Assigned DCF worker reviewed case and learned: DCF history dating back several years for domestic violence and substance use Report last year that Mother and F verbally abuse each other. Mother may have used drugs. Unsubstantiated allegations; case closed. OTCs now taken on F and 3 sibs. Other sibs went to paternal aunt on their father s side Custody of F vested in Father; he later returned F to Mother Mother recently sought guardianship of other 3 sibs. DCF: no reinstatement due to housing instability and mental health New report of physical neglect of F. Mother admitted to hospital, no caretaker for F. cca-ct.org
Mock Case File, cont. How does this play out? What is legal basis for neglect petition? What is DCF s argument? What is mother s defense? What does child s counsel do? What are next steps? How does this play out? cca-ct.org
Trial Think about witnesses SW, parent, service providers Prepare motions to strike (e.g. portions of social study, evaluations) Burden is on the state (DCF) Judge needs to make findings re: Adjudication & Disposition oAdjudication: Neglected, Abused, or Uncared for Court needs to make Reasonable Efforts finding as well: o Reasonable efforts to prevent or eliminate the need for removal of the child were either made by state, not possible, or not made. cca-ct.org
If Adjudicated Dispositional Options with Neglect Petition No Protective Supervision Protective Supervision (3, 6, 9 or 12 months) Commitment to DCF Until other order of court risk of TPR petition arises Transfer of Guardianship Subsidized Transfer of Guardianship Shared custody between parents cca-ct.org
Next Steps Court Dates o Status Report o In Court Judicial Review o Motion for Review of Permanency Plan (to be filed & date to appear) o Petition for Termination of Parental Rights Continued Legal Representation o Stay in contact with client, social worker, and service providers o Attend DCF administrative meetings o Continue to visit & advocate for child clients o Address any changes in visitation o File Motion to Revoke Commitment if/when becomes necessary cca-ct.org
