Copyright © 2004-2007, Judicial Branch, State of Connecticut. All rights reserved.
Connecticut Judicial Branch Law Libraries
Child Abuse and
Neglect in Connecticut
A Guide to Resources in the Law Library
· Abused: “means that a child or youth (A) has been inflicted with physical injury or injuries other than by accidental means, or (B) has injuries that are at variance with the history given of them, or (C) is in a condition that is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment . . . .” Conn. Gen. Stats. § 46b-120(4) (2007).
· “a child or youth may be found ‘neglected’ who (A) has been abandoned, or (B) is being denied proper care and attention, physically, educationally, emotionally or morally, or (C) is being permitted to live under conditions, circumstances or associations injurious to the well-being of the child or youth, or (D) has been abused . . . . ” Conn. Gen. Stats. § 46b-120(9) (2007) [Emphasis added].
· Dependent: “a child or youth may be found ‘dependent’ whose home is a suitable one for the child or youth, save for the financial inability of the child's or youth's parents, parent or guardian, or other person maintaining such home, to provide the specialized care the condition of the child or youth requires;” § 46b-120(7) (2007)
· Uncared for: “a child or youth may be found ‘uncared for’ who is homeless or whose home cannot provide the specialized care that the physical, emotional or mental condition of the child requires.” Conn. Gen. Stats. § 46b-120(10) (2007)
· Child abuse and neglect “means the physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child under the age of eighteen, or the age specified by the child protection law of the State, by a person including any employee of a residential facility or any staff person providing out of home care who is responsible for the child's welfare under circumstances indicating harm or threatened harm to the child's health or welfare. The term encompasses both acts and omissions on the part of a responsible person.;” 42 U.S.C. § 5106g(2) [see also 45 CFR §1340.2(d) (rev. October 1, 2006)]
· Person responsible for the health, welfare or care of a child or youth: “means a child's or a youth's parent, guardian or foster parent; an employee of a public or private residential home, agency or institution or other person legally responsible in a residential setting; or any staff person providing out-of-home care, including center-based child day care, family day care or group day care, as defined in section 19a-77. . . . ” Conn. Gen. Stats. § 17a-93(l) (2007).
· Person entrusted with the care of a child or youth: “means a person given access to a child or youth by a person responsible for the health, welfare or care of a child or youth for the purpose of providing education, child care, counseling, spiritual guidance, coaching, training, instruction, tutoring or mentoring of such child or youth.” Conn. Gen. Stats. § 17a-93(O) (2007).
· Civil proceedings: “Child neglect proceedings are civil proceedings, which are not quasi-criminal in nature . . . .Here, where the court was required to look at the well-being of an infant and there was medical evidence that revealed a fracture in the arm of that ten week old child, the exclusionary rule would not apply.” In re Nicholas R., 92 Conn. App. 316, 321, 884 A.2d 1059 (2005).
Sections in this chapter
§ 1. Duty to report child abuse
§ 2. Investigations in child abuse or neglect cases
§ 3. Immediate removal of child
§ 4. Child witness in Connecticut
§ 7. False allegations of child abuse
§.8. Child abuse and the unborn
§ 9. Adult memories of child abuse
Tables in this chapter
Table 1 Classification and evaluation of report of child abuse or neglect
Table 2 Circumstances requiring immediate removal
Table 3 Procedures for immediate removal
Table 4 Notification of law enforcement agencies: Removal of child from home
Table 5: Commitment of Child or Youth in Connecticut to DCF
Table 7 False reports of Child Abuse
Internet Resources:
Connecticut Department of Children and Families: http://www.state.ct.us/dcf/
Connecticut Office of the Child Advocate http://www.oca.state.ct.us
The Children’s Law Center of Connecticut http://www.clcct.org
Prevent Child Abuse Connecticut http://www.volunteersolutions.org/uwcact/volunteer/agency/one_170788.html
Child Welfare League of America : http://www.cwla.org
Children’s Defense Fund: http://www.childrensdefense.org/
Pew Commission on Children in Foster Care: http://www.pewfostercare.org
Administration for Children and Families: http://www.acf.dhhs.gov/
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SCOPE: |
Bibliographic resources relating to the duty to report suspected child abuse to the proper authorities.
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DEFINITIONS: |
Mandated Reporters: “The following persons shall be mandated reporters: Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether or not so licensed, any registered nurse, licensed practical nurse, medical examiner, dentist, dental hygienist, psychologist, coach of intramural or interscholastic athletics, school teacher, school principal, school guidance counselor, school paraprofessional, school coach, social worker, police officer, juvenile or adult probation officer, juvenile or adult parole officer, member of the clergy, pharmacist, physical therapist, optometrist, chiropractor, podiatrist, mental health professional or physician assistant, any person who is a licensed or certified emergency medical services provider, any person who is a licensed or certified alcohol and drug counselor, any person who is a licensed marital and family therapist, any person who is a sexual assault counselor or a battered women's counselor as defined in section 52-146k, any person who is a licensed professional counselor, any person paid to care for a child in any public or private facility, child day care center, group day care home or family day care home licensed by the state, any employee of the Department of Children and Families, any employee of the Department of Public Health who is responsible for the licensing of child day care centers, group day care homes, family day care homes or youth camps, the Child Advocate and any employee of the Office of Child Advocate.” Conn. Gen. Stats. § 17a-101(b) (2007).
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STATUTES: |
Conn. Gen. Stat. (2007) · Chapter 166. Teachers and superintendents Part I. Teachers § 10-149a. Felony conviction or fine pursuant to mandated reporting provisions. Notification by state’s attorney. · Chapter 319a. Child welfare Part I. Dependant and neglected children § 17a-93. Definitions § 17a-101. Protection of children from abuse. Mandated reporters. Educational and training programs § 17a-101a. Report of abuse, neglect or injury of child or imminent risk of serious harm to child. Penalty for failure to report § 17a-101b. Oral report by mandated reporter, Notification of law enforcement when allegation of sexual abuse or serious physical abuse. Notification of person in charge of institution, facility or school when staff member suspected of abuse or neglect § 17a-101c. Written report by mandated reporter. § 17a-101d. Contents of oral and written reports. § 17a-101e. Employers prohibited from discrimination against witness in child abuse proceedings ... Immunity for making report of child abuse in good faith. False report of child abuse. Penalty. § 17a-103. Reports by others. False reports. Notification to law enforcement agency. § 17a-103a. Telephone hotline to receive reports of child abuse. · Chapter 813a. Office of victim advocate. Office of the child advocate Part II. Office of the child advocate § 46a-13l. Information and assistance from state agencies. Acceptance of gifts
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FEDERAL STATUTES:
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Federal Laws · Adoption Assistance and Child Welfare Act of 1980 (AACWA), P.L. 96-272, 94 Stat. 500 (June 17, 1980) · Child Abuse Prevention and Treatment Act of 1974 (CAPTA), P.L. 93-247, 88 Stat. 4 (1974) 42 U.S.C. §§ 5101 to 5106i. Child Abuse Prevention and Treatment 42 U.S.C. § 5106a. Grants for States for child abuse and neglect prevention and treatment programs. Eligibility requirements. See § 5106a(b)(2)(A)(i) for provision related to reporting procedures)
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INDIAN LAW: |
· Indian Child Welfare Act of 1978, P.L. 95-608 § 2, 92 Stat. 3069 (Nov. 8, 1978), 42 U.S.C. §§ 5101 et seq. · Indian Child Protection and Family Violence Prevention Act, P.L. 101-630, Title IV, § 402, 104 Stat. 4544 (Nov. 28, 1990), 25 U.S.C. §§ 3201 to 3211. § 3203. Reporting Procedures · Mashantucket Pequot Tribal Laws. Title II, ch. 5, §§ 1-3 (2001). Child Neglect and Abuse Reporting
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LEGISLATIVE |
· Susan Price, Principal Legislative Analyst, Prosecuting Mandated Child Abuse Reporters, Connecticut General Assembly. Office of Legislative Research Report No. 2005-R-0665 (September 13, 2005). · Susan Price, Principal Legislative Analyst, Reporting Child Abuse and Neglect, Connecticut General Assembly. Office of Legislative Research Report No.2005-R-0591 (July 25, 2005). “You asked about Connecticut’s mandated reporter laws and whether there are penalties in Connecticut or other states for other people who know about child abuse but do not alert authorities.” · Sandra Norman-Eady, Mandated Reporter Law, Connecticut General Assembly. Office of Legislative Research Report No. 2002-R-0528 (June 6, 2002). “You asked for a (1) brief summary and copy of any instructions the Department of Children and Families (DCF) provides mandated reporters, (2) copy of a letter the chief state's attorney recently sent to mandated reporters, and (3) summary of Connecticut cases that discuss the interplay between the mandated reporter laws and laws on confidential communication.” · Susan Goranson, Associate Analyst, False Reports of Child Abuse, Connecticut General Assembly. Office of Legislative Research Report No. 94-R-0853 (October 3, 1994). “You asked if there is specific statutory authority in Connecticut to penalize anyone falsely claiming child abuse in a family action situation.”
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STATE REGULATIONS:
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· Conn. Agencies Regs. §§ 17a-101-1—17a-101(e)-6 (3-95B). Reports of child abuse and neglect § 17a-101(e)-1. Scope of regulations § 17a-101(e)-2. Definitions § 17a-101(e)-3. Reports of child abuse or neglect § 17a-101(e)-4. Investigation of reports of child abuse or neglect by the department § 17a-101(e)-5. Notification of law enforcement agencies – removal of child from home – child to remain in own home § 17a-101(e)-6. Termination of protective services · Conn. Agencies Regs. § 19a-87b-10(j)(3) (6-00) Family day care homes “The provider shall report actual or suspected child abuse or neglect of any child to the nearest office of the Department of Children and Families as mandated by Section 17a-101 and 17a-102 of the Connecticut General Statutes.”
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FEDERAL REGULATIONS: |
· Code of Federal Regulations (November 24, 2006 ) 45 CFR § 1340.14(c). Eligibility requirements. Reporting. “The State must provide by statute that specified persons must report and by statute or administrative procedure that all other persons are permitted to report known and suspected instances of child abuse and neglect to a child protective agency or other properly constituted authority.”
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COURT CASES:
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· Manifold v. Ragaglia, 272 Conn. 410, 420-421, 862 A.2d 292 (2004). “In furtherance of this public policy goal of protecting children from abuse, the statute provides a comprehensive list of persons who are ‘mandated reporters,’ many of whom are health care providers, including physicians either licensed in Connecticut or acting as interns or residents at our hospitals. See General Statutes § 17a-101 (b). Thus, the statute prescribes that a ‘mandated reporter . . . who in the ordinary course of [his or her] employment or profession has reasonable cause to suspect or believe that any child under the age of eighteen years (1) has been abused or neglected . . . (2) has had nonaccidental physical injury, or injury which is at variance with the history given of such injury, inflicted upon such child, or (3) is placed at imminent risk of serious harm, shall report or cause a report to be made [to the department]. . . .’ General Statutes § 17a-101a. Indeed, ‘mandated reporters’ who fail to report reasonable suspicions of child abuse are subject to a fine and compulsory participation in an appropriate training program. See General Statutes § 17a-101a.” · In re Nicholas R., 92 Conn. App. 316, 321, 884 A.2d 1059 (2005). “Child neglect proceedings are civil proceedings, which are not quasi-criminal in nature.” · Morales v. Kagel, 58 Conn. App. 776, 783, 755 A.2d 915 (2000). “ … we conclude that the defendant in this case did not owe a duty to the plaintiff to investigate the accusations against him prior to making a good faith report.” · Ward v. Greene, 31 Conn. L. Rptr. 458 (New London Super. Ct., Feb. 21, 2002), 2002 WL 377922. “There is no appellate case law on the precise issue of whether a violation of section 17a-100 of the General Statutes … creates a private right of action... The underlying purpose of this legislation is not to create unlimited liability to a non-reporter with an indirect or nonexistent relationship to a victim of child abuse.” · Greco v. Anderson, Docket No. CV00-0501458S (New Britain Super. Ct., Oct. 23, 2000), , 2000 WL 1763732. “Extending immunity to false and malicious accusations, if that is what they were, would not serve the public purpose of discovering child abuse and would compromise the constitutional protection accorded to family autonomy. The Grecos have pled sufficient facts to bring this case within the ‘bad faith’ exception to the immunity afforded mandated reporters by the statute.” · Anderson v. Department of Public Health, Docket No. CV99-0494513S (New Britain Super. Ct., Dec. 20, 1999), 1999 WL 1288935. An appeal from a decision of the Department of Public Health to revoke plaintiff’s family daycare license for failure to comply with state laws concerning mandated reporting of suspicions of child abuse and neglect. Appeal dismissed. · Doe v. Vibert, Docket No. CV97-048332S (New Britain Super. Ct., July 12, 1999), 1999 WL 545746. “…plaintiff has alleged that defendant Wartonick was negligent for failing to report to the Board of Education her stated suspicion of defendant’s … misconduct toward the plaintiff… This court concludes that the plaintiffs’ complaint states a viable cause of action for negligence per se in that the plaintiffs allege the violation of a statute and plead facts sufficient to allege a causal link between the statutory violation and the alleged injury.” · Parker v. Nelson, 19 Conn. L. Rptr. 616 (Norwich Super. Ct., June 16, 1997), 1997 WL 345617. “The plaintiffs’ complaint alleges that Nelson violated § 17a-101a by failing to report the instances of alleged child abuse communicated to her… This court concludes that the plaintiffs’ complaint states a viable cause of action for negligence per se in that the plaintiffs’ allege the violation of a statute and plead facts sufficient to allege a causal link between the statutory violation and the alleged injury.”
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WEST KEY NUMBERS:
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· Infants # 13.5 |
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ENCYCLOPEDIAS: |
· Jack M. Dalgleish, Annotation, Construction And Effect Of Statutes Mandating Consideration Of, Or Creating Presumption Regarding, Domestic Violence In Awarding Custody Of Children, 51 ALR5th 242(1997). · Christopher Vaeth, Annotation, Denial Or Restriction Of Visitation Rights To Parent Charged With Sexually Abusing Child, 1 ALR5th 776 (1992). · Michael R. Flaherty, Annotation, Tort Liability of Public Authority for failure to remove parentally abused or neglected children from parents’ custody, 60 ALR4th 942 (1988). · Danny R. Veilleux, Annotation, Validity, Construction, and Application of State Statute Requiring Doctor or Other Person to Report Child Abuse, 73 ALR4th 782 (1989). · Jimmie E. Tinsley, Failure to Report Suspected Case of Child Abuse, 6 Am. Jur. POF2d 345 (1975). · Thomas L. Gowen & Richard J. Kohlman, Professional Liability for Failure to Report Child Abuse, 38 Am. Jur. Trials 1 (1989).
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TEXTS & TREATISES: |
· PAUL CHILL, BURDEN OF PROOF BEGONE: THE PERNICIOUS EFFECT OF EMERGENCY REMOVAL IN CHILD PROTECTICE PROCEEDINGS (July 1, 2004). University of Connecticut School of Law. University of Connecticut School of Law Articles and Working Papers. Paper 55. http://lsr.nellco.org/uconn/ucwps/papers/55/ · Paul Chill, The Law of Child Abuse and Neglect in Connecticut, 23-31 (1997). http://lsr.nellco.org/cgi/viewcontent.cgi?article=1050&context=uconn/ucwps Chapter 2: Abuse and Neglect 5. Reporting A. Historical overview B. Mandated reporters C. Reporting by other persons D. Legal protection for reporters · Thomas B. Mooney, A Practical Guide to Connecticut School Law 342 (4th ed., 2004). Chapter 4. Students F. Child abuse and neglect, pp. 332-337 · 2 Donald T. Kramer, Legal rights of Children §§ 16.14-16.20 (Rev. 2d ed. 2005). Chapter 16. Child abuse and family maltreatment I. Introduction II. Types and definitions of child abuse III. Reporting laws § 16:16. Reporting laws in general § 16:17. Mandatory reporting § 16:18. Immunity from liability for reporting suspected child abuse § 16:19. Inapplicability of immunity § 16:20. Instances of immunity § 16:21. Classes of persons covered § 16:22. The child protection system § 16:23. Consequences of failure to investigate allegations of child abuse § 16:24. Invasion of parent—Child relationship § 16:25. Central registries and child protective service records § 16:26. —State laws IV. Federal laws on child abuse § 16:27. Child Abuse Prevention and Treatment and Adoption Reform Act § 16:28. Victims of Child Abuse Act of 1990 · Ann M. Haralambie, Child Sexual Abuse in Civil Cases: A Guide to Custody and Tort Actions (1999). Chapter 3. Sexual abuse allegations in protection cases · 1 Ann M. Haralambie, Handling child custody, abuse and adoption Cases 1983 (Rev. ed.). Chapter 11. Dependency and neglect generally · 2 Ann M. Haralambie, Handling child custody, abuse and adoption Cases 1983 (Rev. ed.). Chapter 17. Proving physical abuse · Inger J. Sagatun & Leonard P. Edwards, Child Abuse and the Legal System 36 (1995). Chapter 2. Types of child abuse and neglect Chapter 3. Roles of professionals involved with child abuse and neglect The mandatory child reporting law, pp. 36-38 · 1 Leonard Karp & Cheryl L. Karp, Domestic Torts: Family Violence, Conflict & Sexual Abuse, §10.03 (rev. ed. 2005). Chapter 3. Physically and emotionally battered child · 5 Sandra Morgan Little, Child Custody and Visitation Law & Practice (2006). Chapter 31. Allegations of abuse § 31.03. Reporting laws
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LAW REVIEWS: |
· Ronald Bard, Connecticut’s Child Abuse Law, 48 Conn. Bar J. 260 (1974) · Douglas J. Besharov, Child Abuse and Neglect: Liability for Failure to Report, 22 Trial, August 1986, at 67. · Howard Davidson, Reporting Suspicions of Child Abuse: What Must a Family Lawyer Do? 17 Fam. Advoc., Winter 1995, at 50. · Margaret H. Meriwether, Child Abuse Reporting Laws: Time for a Change, 20 Fam. L. Q. 141 (1986).
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HOTLINE: |
· Connecticut Department of Children and Families Child Abuse & Neglect Hotline: 1-800-842-2288, TD: 1-800-624-5518 (Spanish speaking staff is available)
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COMPILERS: |
· Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343-6561. Email
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SCOPE: |
Bibliographic resources relating to the investigation of allegations of child abuse and/or child neglect.
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DEFINITIONS: |
· ABUSE: —“Is a non-accidental injury to a child which, regardless of motive, is inflicted or allowed to be inflicted by the person responsible for the welfare or care; by person given access to the child; or by the person responsible for the welfare or care; by the person entrusted with the child’s care” —“Is any injury which is at variance with history given” —“is a condition which is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation, deprivation of necessities, emotional maltreatment or cruel punishment.” DCF Policy Manual § 34-2-7 · NEGLECT. “A child may be found neglected who —has been abandoned —is being denied proper care and attention physically, educationally, emotionally, or morally —is being permitted to live under conditions, circumstances or associations injurious to his well-being —has been abused.” DCF Policy Manual § 34-2-7
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STATUTES: |
Conn. Gen. Stats (2007) · Chapter 166. Teachers and superintendents Part I. Teachers § 10-145b. Teaching certificates (m)(2)(E). “a crime involving an act of child abuse or neglect as described in section 46b-120” § 10-149a. Felony conviction of fine pursuant to mandated reporting provisions. Notification of state’s attorney. · Chapter 319. Department of Children and Families § 17a-28. Confidentiality of and access to records [access to DCF records pertaining to investigations or abuse or neglect] § 17a-47. Legal division re child abuse and neglect [assistant attorneys general responsible for prosecuting neglect petitions] · Chapter 319a. Child welfare Part I. Dependent and neglected children § 17a-100. Ill treatment of children. [children in foster care] § 17a-101f. Examination by physician. Diagnostic tests ... to detect child abuse. § 17a-101g. Classification and evaluation of reports. Home visit. Removal of child in imminent risk of harm. § 17a-101h. Coordination of investigatory activities. Interview with child. Consent. § 17a-101i. Abuse of child by school employee. Suspension… § 17a-101j. Notification of Chief State’s Attorney ... § 17a-101k. Registry of reports maintained by Commissioner of Children and Families… § 17a-103b. Notice to parent or guardian of substantiated complaint of child abuse. § 17a-105. Temporary custody of abused child upon arrest of parent of guardian. § 17a-105a. Child abuse and neglect unit within Division of State Police to assist investigation of child abuse and neglect. § 17a-106. Cooperation in relation to ... investigation of child abuse and neglect. § 17a-106b. Impact of family violence in child abuse cases. § 17a-110. Permanency planning for children ... Procedure after commitment hearing. § 17a-111a. Commissioner of Children and Families’ duties re unification of child with parent. Court determination that reunification efforts are not required. Permanency plans § 17a-111b. Commissioner of Children and Families may petition court re reasonable efforts to reunify parent with child. Determination by court. · Chapter 802h. Protected persons and their property Part II. Guardians of the person of a minor §§ 45a-607 to 45a-625 Removal and appointment of guardians of a minor in Probate Court § 45a-619 Investigation by Commissioner of children and Families. § 45a-623 Transfer of contested proceeding to Superior Court or another judge of probate. · Chapter 813a. Office of the Child Advocate §§ 46a-13k to 46a-13q Office of the Child Advocate. · Chapter 815t. Juvenile matters § 46b-121. “Juvenile matters” defined. Authority of court. (a) Juvenile matters in the civil session include all proceedings concerning uncared-for, neglected or dependent children and youth within this state, termination of parental rights of children committed to a state agency,…” § 46b-129. Commitment of child or youth. Petition for neglected, uncared-for, dependent child or youth. Hearing re temporary custody, order to appear or petition. Review of permanency plan. Revocation or commitment. Applicability of provisions re placement of child from another state and Interstate Compact on the Placement of Children § 46b-129a. Examination by physician. Appointment of counsel and guardian ad litem. · Chapter 939. Offenses against the person § 53-20. Cruelty to persons. § 53-21. Injury or risk of injury to, or impairing morals of, children. · Chapter 952. Penal code: Offenses § 53a-71. Sexual assault in the second degree: Class C or B felony § 53a-73a. Sexual assault in the fourth degree: Class A misdemeanor or class D felony
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FEDERAL STATUTES:
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United States Code · 25 U.S.C. §§ 3201 to 3211. Indian Child Protection and Family Violence Prevention · 42 U.S.C. § 5106c. Grants to states for programs relating to investigation and prosecution of child abuse and neglect cases.
Title V. Child welfare Chapter 3. Reporting of child neglect and abuse § 1. Notification of child abuse reports § 2. Interviews and examinations § 3. Emergency removal § 4. Procedures for removal § 5. Hearing § 6. Court findings § 7. Review of placement and supervision § 8. Placement preferences § 9. Emergency authorization of medical treatment § 10. Character investigations § 11. Confidentiality § 12. Central registry § 13. Records § 14. Modification, revocation or extension of court orders § 15. Appeals
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CONNECTICUT REGULATIONS:
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· Conn. Agencies Regs. (3-95B) Reports of child abuse by a certified school employee § 10-145g-1. Reports of child abuse by a certified school employee Use and operation of the Child Abuse and Neglect Registry § 17a-101-1. Scope of regulations § 17a-101-2. Information to be protected § 17a-101-3. Procedure for placing reports in registry § 17a-101-4. Investigation of reports received § 17a-101-5. Prohibition against disclosure § 17a-101-6. Persons and agencies having emergency access to registry § 17a-101-7. Procedure for disclosure of information § 17a-101-8. Information to be maintained shall include . . . . § 17a-101-9. Log of inquiries § 17a-101-10. Research access Circumstances requiring immediate removal of a child from his/her home 96 hour hold § 17a-101-11. Scope of regulations § 17a-101-12. Circumstances requiring immediate removal. § 17a-101-13. Procedures for immediate removal. Reports of child abuse or neglect § 17a-101-(e)-1. Scope of regulations § 17a-101-(e)-2. Definitions § 17a-101-(e)-3. Reports of child abuse or neglect § 17a-101-(e)-4. Investigations of reports of child abuse or neglect by the department § 17a-101-(e)-5. Notification of law enforcement agencies—removal of child from the home—child to remain in own home § 17a-101-(e)-6. Termination of protective services Operation of child-caring agencies and facilities § 17a-145-54. Causes for revoking or refusing to renew license Family day care homes § 19a-87b-14. Complaint investigations (a). Anonymity of complainant (b). Confidentiality of child abuse and/or neglect investigations (c). Duty to investigate (d). Unannounced home visits; Notice and interview (e). Interviews (f). Complaints referred to Department of Children and Families
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FEDERAL REGULATIONS:
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· Code of Federal Regulations (rev.10/1/06) 45 CFR § 1340.14. Eligibility requirements (d). Investigations. “The State must provide for the prompt initiation of an appropriate investigation by a child protective agency or other properly constituted authority to substantiate the accuracy of all reports of known or suspected child abuse or neglect ...”
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DCF POLICY MANUAL:
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· 34-2-7. Operational Definitions
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COURT RULES:
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Connecticut Practice Book (2007 Edition) · Chap. 32a. Rights of Parties, Neglected, Uncared for and Dependent Children and Termination of Parental Rights. · Chap. 33a. Petitions for Neglect, Uncared for, Dependency and Termination of Parental Rights: Initiation of Proceedings, Orders of Temporary Custody and Preliminary Hearings. · Chap. 34a. Pleadings, Motions and Discovery… · Chap. 35a. Hearings Concerning Neglected, Uncared for and Dependent Children and Termination of Parental Rights.
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COURT CASES: (Connecticut)
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· DeShaney v. Winnebago County Department of Social Services, 489 U.S. 998, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989). · Shay v. Rossi, 253 Conn. 134, 180, 749 A.2d 1147 (2000). “The totality of these facts, if proven, would permit a fact finder to infer that the defendants filed the neglect and abuse petitions knowing that they were unjustified, and continued them with that knowledge,… and that they did so … to justify their prior unjustified actions… We are constrained to conclude that the factually supported allegations are serious enough to warrant the conclusion that the defendants are not shielded by the doctrine of sovereign immunity.” · Doe v. Connecticut Department of Children and Youth Services, 712 F.Supp. 277 (1989), aff’d, 911 F.2d 868 (1990). DCF workers entitled to “qualified immunity” from liability. · Williams v. Hauser, 948 F.Supp. 164 (D. Conn. 1996). DCF workers not entitled to “absolute prosecutorial immunity”. · In re Brian D. and Shannon D., Juvenile Matters at New Haven, April 27, 1999, 5 Conn. Ops. 582 (May 24, 1999). Foster parents’ motion to intervene in an abuse and neglect action brought by DCF ; motion denied.
Cases Discussing the doctrine of ‘Predictive Neglect’ · In re Michael D., 58 Conn. App. 119, 123-124, 752 A.2d 1135 (2000), cert. denied 254 Conn. 911 (2000). “By its terms, § 17a-101(a) connotes a responsibility on the state’s behalf to act before the actual occurrence of injury or neglect has taken place… Our statutes clearly and explicitly recognize the state’s authority to act before harm occurs to protect children whose health and welfare may be adversely affected and not just children whose welfare has been affected.” · In re Kelly S., 29 Conn. App. 600, 613, 616 A.2d 1161 (1992). “The trial court found that the respondent was not capable of providing the necessary care. The evidence fully supports that conclusion… Actual incidents of abuse or neglect are not required in determining that a child is uncared for under the ‘specialized needs’ section of the statute… For purposes of commitment of a child to the custody of the commissioner pursuant to § 46b-129, proof of ongoing parenting deficiencies is sufficient to satisfy the statute where those deficiencies mean that the child’s home is unable to provide the care required for her special needs.” · In re Chloe P., (Conn. Super. Ct., Middletown, Oct. 31, 2001). · In re Corey-Thomas, (Conn. Super. Ct., Torrington, Sept. 20, 2000). “Two of the cases cited by petitioner aptly describe the nature of an necessity for the doctrine of predictive neglect.”
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WEST KEY NUMBERS:
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· Infants # 15 · Predictive Neglect - Infants # 156 |
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CLE SEMINARS |
· Advanced and Complex Issues in Juvenile Law (Conn. Bar Assoc. Seminar, Dec. 13, 1996). · Juvenile Law (Conn. Bar Assoc. Seminar, Oct. 1994). · Representing Parents or Children in Termination of Parental Rights Cases (Conn. Bar Assoc., Oct. 6, 1993).
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TEXTS & TREATISE:
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· Paul Chill, The Law of Child Abuse and Neglect in Connecticut, (1997). Chapter 2. Abuse and neglect Chapter 6. D.C.F. investigations · Samuel M. Davis, Rights of Juveniles 2d: the Juvenile Justice System (2d ed. 2006). Chapter 6. The adjudicatory process: Child abuse cases § 6:1. General § 6:2. Family autonomy or state intervention § 6:3. Definition of child maltreatment § 6:4. —Neglect and dependency § 6:5. —Abuse § 6:6. Determination of the incidence of abuse § 6:7. Evidentiary problems in child abuse cases § 6:8. Competency and credibility of child witness § 6:9. Evidence of child’s extrajudicial statements § 6:10. Waiver of privileges—Spouse privilege § 6:11. Waiver of privileges—Physician/patient privilege § 6:12. Use of character evidenc · Ann M. Haralambie, Child Sexual Abuse in Civil Cases: A Guide to Custody and Tort Actions (1999). Appendix 1-1. The Investigation of Child Sexual Abuse: An International, Interdisciplinary Consensus Statement, pp. 18-29. “The report is designed to guide state and local officials, professionals, and advocates seeking to investigate child sexual abuse” (p. 19). · Inger J. Sagatun & Leonard P. Edwards, Child Abuse and the Legal System (1995). Part I. Child abuse in America Chapter 3. Roles of professionals involved with child abuse and neglect The roles of Child Protective Services, p. 38. The Role of Law Enforcement Agencies, p. 43. Part II. The legal response to child abuse, pp. 65 -153 · Leonard Karp & Cheryl L. Karp, Domestic Torts: Family Violence, Conflict & Sexual Abuse (1989). Chapter 8. Third-Party Liability: Potential additional defendants § 8.11. Establishing a §1983 Claim Against Governmental Agencies and School Districts for Failure to Report Abuse (includes information on liability for failure to adequately investigate) § 8.14. Violations of civil rights (§ 1983 Claim) for post-release supervision of parolee and placement of children § 8.14A. —Violations of Civil Rights (1983 Claim) for Removing and Holding Children Pending Investigation. § 8.14B. —Unnecessarily Intrusive Investigations by Protective Agencies § 8.15. Negligent Supervision or Abuse Prevention of Abused Child § 18.15A. Liability of government for negligent certification of day care center · 2 Donald T. Kramer, Legal rights of Children §§ 16.14-16.20 (Rev. 2d ed. 2005). Chapter 16. Child abuse and family maltreatment § 16:29. Judicial intervention in general § 16:30. —Investigation § 16:31. The attorney or guardian ad litem for the child § 16:32. Immunity of guardian § 16:33. Protective or emergency custody § 16:34. Adjudication § 16:35. Disposition § 16:36. Evidentiary issues § 16:37. —Circumstantial evidence and expert testimony § 16:38. —Abuse of a sibling § 16:39. —Testimony of the child victim; Admission of child abuse hearsay evidence § 16:40. —Privilege communications; Privilege against self-incrimination § 16:41. —Admissibility of reports and records · 1 John E. B. Meyers, Evidence in Child Abuse and Neglect cases (3rd ed. 1997). Chapter 1. Investigation of child abuse § 1.2. Children’s basic memory capacity § 1.8. Suggestibility § 1.16. Defining terms used in investigative interviews § 1.18. Proper interview practices § 1.30. Interview practices to be avoided § 1.32. Effect of multiple interviews on memory § 1.33. Videotaping investigative interviews § 1.35. Eyewitness identification § 1.36. Exaggerated, distorted, bizarre, fantastic, and impossible allegations of abuse · Koh Peters, Representing Children in Child Protective Proceedings: Ethical and Practical Dimensions (2001).
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PAMPHLETS: |
· If DCF is your legal guardian · Greater Hartford Legal Aid, Inc, Family Problems, DCF, and the Law: A Guide for Parents by Lynn B. Cochrane and Jill Davies
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LAW REVIEWS: |
· Eric B. Martin, Maintaining Sibling Relationships for Children Removed from Their Parents, Children’s Legal Rts. J., Winter 2002-2003, at 47. · National Association of Counsel for Children, Recommendations for Representation of Children in Abuse and Neglect CasesI, Children’s Legal Rts. J., Winter2001-2002, at 36. · Peter J. Schmiedel, Charles P. Golbert & Adrienne Giorgolo, Rights of Abused and Neglected Children to Safe and Adequate Foster Care under the Guarantees of the Fourteenth Amendment, Children’s Legal Rts. J., Summer 2000, at 14. · Howard Davidson, The Legal Aspects of Corporal Punishment in the Home: When Does Physical Discipline Cross the Line to Become Child Abuse?, Children’s Legal Rts. J., Fall 1997, at 18. · Dyanne C. Greer, Child Abuse and Discipline: A Parental and Prosecutorial Dilemma, Children’s Legal Rts. J., Fall 1997, at 30. · Michael R. Beeman, Investigating Child abuse: the Fourth Amendment and Investigatory Home Visits, 89 Col. L. Rev. 1034 (1989). · Allen F. Anderson, Commentary on Nursing Mothers, Drugs, and the Limits of the Criminal Process, 48 Juv. & Fam. Ct. J., Winter 1997, at 53. · Amy Sinden, In Search of Affirmative Duties Toward Children Under a Post -Deshaney Constitution, 39 Univ. Pa. L. Rev. 227 (1990). · Michael E. Lamb, The Investigation of Child Sexual Abuse: An International, Interdisciplinary Consensus Statement, 28 Fam. L. Q. 151 (1994). · Douglas J. Gesharov, Combating Child Abuse: Guidelines for Cooperation between Law Enforcement and Child Protective Agencies, 24 Fam. L. Q. 209 (1990).
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COMPILER: |
· Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343-6561. Email |
Table 1 Classification and evaluation of report of child abuse or neglect
Connecticut Gen. Stats § 17a-101g(2007)
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Report of child abuse or neglect
Investigation
Time frame |
(a) Upon receiving a report of child abuse or neglect, as provided in sections 17a-101a to 17a-101c, inclusive, or section 17a-103, in which the alleged perpetrator is (1) a person responsible for such child's health, welfare or care, (2) a person given access to such child by such responsible person, or (3) a person entrusted with the care of a child, the Commissioner of Children and Families, or the commissioner's designee, shall cause the report to be classified and evaluated immediately. If the report contains sufficient information to warrant an investigation, the commissioner shall make the commissioner's best efforts to commence an investigation of a report concerning an imminent risk of physical harm to a child or other emergency within two hours of receipt of the report and shall commence an investigation of all other reports within seventy-two hours of receipt of the report. The department shall complete any such investigation not later than forty-five calendar days after the date of receipt of the report. If the report is a report of child abuse or neglect in which the alleged perpetrator is not a person specified in subdivision (1), (2) or (3) of this subsection, the Commissioner of Children and Families shall refer the report to the appropriate local law enforcement authority for the town in which the child resides or in which the alleged abuse or neglect occurred.
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Home visit
Standard of reasonable cause |
(b) 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 such investigation shall be in writing. The investigation shall also include, but not be limited to, a review of criminal conviction information concerning the person or persons alleged to be responsible for such 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. After an investigation into a report of abuse or neglect has been completed, the commissioner shall determine, based upon a standard of reasonable cause, whether a child has been abused or neglected, as defined in section 46b-120. If the commissioner determines that abuse or neglect has occurred, the commissioner shall also determine whether: (1) There is an identifiable person responsible for such abuse or neglect; and (2) such identifiable person poses a risk to the health, safety or well-being of children and should be recommended by the commissioner for placement on the child abuse and neglect registry established pursuant to section 17a-101k. If the commissioner has made the determinations in subdivisions (1) and (2) of this subsection, the commissioner shall issue notice of a recommended finding to the person suspected to be responsible for such abuse or neglect in accordance with section 17a-101k.
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Recommended findings |
(c) Except as provided in subsection (d) of this section, no entry of the recommended finding shall be made on the child abuse or neglect registry and no information concerning the finding shall be disclosed by the commissioner pursuant to a check of the child abuse or neglect registry or request for information by a public or private entity for employment, licensure, or reimbursement for child care purposes pursuant to programs administered by the Department of Social Services or pursuant to any other general statute that requires a check of the child abuse or neglect registry until the exhaustion or waiver of all administrative appeals available to the person suspected to be responsible for the abuse or neglect, as provided in section 17a-101k.
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The child abuse or neglect registry |
(d) If the child abuse or neglect resulted in or involves (1) the death of a child; (2) the risk of serious physical injury or emotional harm of a child; (3) the serious physical harm of a child; (4) the arrest of a person due to abuse or neglect of a child; (5) a petition filed by the commissioner pursuant to section 17a-112 or 46b-129; or (6) sexual abuse of a child, entry of the recommended finding may be made on the child abuse or neglect registry and information concerning the finding may be disclosed by the commissioner pursuant to a check of the child abuse or neglect registry or request for information by a public or private entity for employment, licensure, or reimbursement for child care purposes pursuant to programs administered by the Department of Social Services or pursuant to any other general statute that requires a check of the child abuse or neglect registry, prior to the exhaustion or waiver of all administrative appeals available to the person suspected to be responsible for the abuse or neglect as provided in section 17a-101k.
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Immediate removal of child |
(e) If the Commissioner of Children and Families, or the commissioner's designee, has probable cause to believe that the child or any other child in the household is in imminent risk of physical harm from the child's surroundings and that immediate removal from such surroundings is necessary to ensure the child's safety, the commissioner, or the commissioner's designee, shall authorize any employee of the department or any law enforcement officer to remove the child and any other child similarly situated from such surroundings without the consent of the child's parent or guardian. The commissioner shall record in writing the reasons for such removal and include such record with the report of the investigation conducted under subsection (b) of this section.
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96 Hour Hold |
(f) The removal of a child pursuant to subsection (e) of this section shall not exceed ninety-six hours. During the period of such removal, the commissioner, or the commissioner's designee, shall provide the child with all necessary care, including medical care, which may include an examination by a physician or mental health professional with or without the consent of the child's parents, guardian or other person responsible for the child's care, provided reasonable attempts have been made to obtain consent of the child's parents or guardian or other person responsible for the care of such child. During the course of a medical examination, a physician may perform diagnostic tests and procedures necessary for the detection of child abuse or neglect. If the child is not returned home within such ninety-six-hour period, with or without protective services, the department shall proceed in accordance with section 46b-129.
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SCOPE: |
Bibliographic resources relating to circumstances which warrant the immediate removal of a child from his or her home environment and the procedures for removal.
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DEFINITIONS: |
· Immediate Removal: “If the Commissioner of Children and Families, or the commissioner's designee, has probable cause to believe that the child or any other child in the household is in imminent risk of physical harm from the child's surroundings and that immediate removal from such surroundings is necessary to ensure the child's safety, the commissioner, or the commissioner's designee, shall authorize any employee of the department or any law enforcement officer to remove the child and any other child similarly situated from such surroundings without the consent of the child's parent or guardian. The commissioner shall record in writing the reasons for such removal and include such record with the report of the investigation conducted under subsection (b) of this section.” Conn. Gen. Stats. § 17a-101g(e) (2007). · 96-hour hold: “The removal of a child pursuant to subsection (e) of this section shall not exceed ninety-six hours. During the period of such removal, the commissioner, or the commissioner's designee, shall provide the child with all necessary care, including medical care, which may include an examination by a physician or mental health professional with or without the consent of the child's parents, guardian or other person responsible for the child's care, provided reasonable attempts have been made to obtain consent of the child's parents or guardian or other person responsible for the care of such child. During the course of a medical examination, a physician may perform diagnostic tests and procedures necessary for the detection of child abuse or neglect. If the child is not returned home within such ninety-six-hour period, with or without protective services, the department shall proceed in accordance with section 46b-129.” Conn. Gen. Stats. § 17a-101g(f) (2005).
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STATUTES: |
Conn. Gen. Stat. (2007) Chapter 319a. Child welfare § 17a-101f. Examination by physician. Diagnostic tests and procedures to detect child abuse. “Any physician examining a child with respect to whom abuse or neglect is suspected shall have the right to keep such child in the custody of a hospital for no longer than ninety-six hours in order to perform diagnostic tests and procedures necessary to the detection of child abuse ... with or without the consent of such child’s parents or guardian ...” § 17a-101g. Classification and evaluation of reports. Investigation. Referral to local law authority. Home visit. Removal if child in imminent risk of harm (c). Except as provided in subsection (d) of this section, no entry of the recommended finding shall be made on the child abuse or neglect registry and no information concerning the finding shall be disclosed by the commissioner pursuant to a check of the child abuse or neglect registry or request for information by a public or private entity for employment, licensure, or reimbursement for child care purposes pursuant to programs administered by the Department of Social Services or pursuant to any other general statute that requires a check of the child abuse or neglect registry until the exhaustion or waiver of all administrative appeals available to the person suspected to be responsible for the abuse or neglect, as provided in section 17a-101k. (d) If the child abuse or neglect resulted in or involves (1) the death of a child; (2) the risk of serious physical injury or emotional harm of a child; (3) the serious physical harm of a child; (4) the arrest of a person due to abuse or neglect of a child; (5) a petition filed by the commissioner pursuant to section 17a-112 or 46b-129; or (6) sexual abuse of a child, entry of the recommended finding may be made on the child abuse or neglect registry and information concerning the finding may be disclosed by the commissioner pursuant to a check of the child abuse or neglect registry or request for information by a public or private entity for employment, licensure, or reimbursement for child care purposes pursuant to programs administered by the Department of Social Services or pursuant to any other general statute that requires a check of the child abuse or neglect registry, prior to the exhaustion or waiver of all administrative appeals available to the person suspected to be responsible for the abuse or neglect as provided in section 17a-101k. § 17a-105. Temporary custody of abused child upon arrest of parent or guardian. § 17a-113. Custody of child pending application for removal of guardian or termination of parental rights; enforcement by warrant.
§ 45a-607. Temporary custody of minor pending application to probate court for removal of guardian or termination of parental rights. [ex parte orders] § 45a-609. Application for removal of parent as guardian. Hearing. Notice… § 45a-610. Removal of parent as guardian. · Chapter 815t. Juvenile matters § 46b-129(b). Commitment of child or youth. Petition for neglected, uncared-for, dependent child or youth. Hearing re temporary custody, order to appear or petition. Review of permanency plan. Revocation of commitment. Applicability of provisions re placement of child from another state and Interstate Compact on the Placement of Children.
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INDIAN LAW: |
Title V. Child welfare Chapter 3. Reporting of child neglect and abuse § 3. Emergency removal § 4. Procedures for removal
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REGULATIONS
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Conn. Agencies Regs. (effective 2/1/94) · §17a-101-12 Circumstances for immediate removal (96-Hour Hold) · §17a-101-13 Procedures for immediate removal. · §17a-101(e)-5 Notification of law enforcement agencies - removal of child from the home - child to remain in own home.
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COURT RULES:
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Connecticut Practice Book (2006 Edition). · § 33a-6. Order of Temporary Custody; Ex Parte Orders and Orders to Appear. · § 33a-7. Preliminary Hearings · § 33a-8. Emergency, Life-Threatening Medical Situations – Procedures.
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FORMS: |
· Mary Ellen Wynn & Ellen B. Lubell, Handbook of Forms for the Connecticut Family Lawyer 145-150 (1991) Form No. VII-A-6a. Application for Ex parte Temporary Injuction.
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COURT CASES: (Connecticut)
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· Tenenbaum v. Williams, 193 F.3d 581, 596 (2d Cir. 1999), U.S. cert. denied 529 U.S. 1098, 120 S.Ct. 1832 (2000). “Because we now hold that it is unconstitutional for a state official to effect a child’s removal on an ‘emergency’ basis where there is reasonable time safely to obtain judicial authorization consistent with the child’s safety, caseworkers can no longer claim, as did the defendants here, that they are immune from liability for such actions because the law is not ‘clearly established.’” · Pamela B. v. Ment, 244 Conn. 296, 299, 709 A.2d 1089 (1998). “The plaintiff… brought this action … seeking a declaratory judgment … and injunctive relief on behalf of herself and a class of persons consisting of all parents in the state whose children have been or may be seized by the state department of children and families, and who have been or may be denied their statutory and consititutional right to challenge the state’s temporary custody in a timely evidentiary hearing.” · Williams v. Hauser, 948 F. Supp. 164 (D. Conn. 1996). Mother brought action against DCF social workers and four police officers alleging they violated her rights when they secured a court order to obtain custody of her children. “… the motion to dismiss based on absolute immunity is denied. Qualified immunity sufficiently protects the interests of DCF employees and ensures the right balance between an efficient judicial process and the responsible removal of children” (167). · Doe v. Connecticut Department of Children and Youth Services, 712 Fed. Supp. 277 (D. Conn. 1989), affirmed 911 F.2d 868 (1990). “Civil rights action was brought agains state child welfare officials arising out of emergency removal and temporary custody of child based on allegations of child abuse.”
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TEXTS & TREATISE:
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· Paul Chill, The law of child abuse and neglect in Connecticut (Paper 51, 1997). Chapter 7. Emergency removal and temporary custody A. Overview B. 96-hour hold C. 96-hour hold by physician D. Orders of temporary custody · Arthur E. Webster, Child Protection in Connecticut Courts: Basic Practice and Procedure, in Juvenile Law 7 (Connecticut Bar Association Seminar Manual, October 1994).
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LAW REVIEWS: |
· Eliot R. Clauss, Ex Parte Order in Child Abuse Cases: Minimizing Judicial Process Trauma, 4 Conn. Fam. Law., Winter 1989, at 38.
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COMPILER: |
· Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343-6561. Email |
Table 2 Circumstances requiring immediate removal
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Circumstances requiring immediate removal Regulations of Connecticut State Agencies
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§ 17a-101-12 |
Under the following circumstances, the Commissioner in accordance with Section 17-38a-13 may immediately remove a child from his surroundings for a period not to exceed 96 hours. (a) Presence of serious physical illness or serious physical injury. (1) When there is probable cause to believe that immediate removal of the child and custody of a child is necessary to prevent either the child's imminent death or imminent and serious danger to the child's physical well-being, and (2) The child's parent(s) or caretaker(s) is unable or unwilling to protect the child from such imminent death or imminent and serious danger to the child's physical well-being. (b) Presence of immediate physical danger from surroundings. (1) When the risk to the child appears created solely because the child has been left unattended at home, and the child's parent(s) or caretaker(s) has not returned or sufficient time has elapsed to indicate that the parent(s) or caretaker(s) does not intend to return. (c) Child unattended outside the home and all other circumstances involving immediate physical danger to a child from surroundings. (1) When there is probable cause to believe that immediate removal of the child and custody of the child is necessary to prevent either the child's imminent death or imminent serious danger to the child's physical well-being, and
(2) The child's parent(s) or other such caretaker(s) is unable or unwilling to protect the child from such imminent death or serious injury.
(d) Treatment by Christian Science Practitioner For the purpose of these regulations, the treatment of any child by a Christian Science Practitioner in lieu of treatment by a licensed practitioner of the healing arts shall not of itself constitute maltreatment.
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Table 3 Procedures for immediate removal
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Procedures for immediate removal: Regulations of Connecticut State Agencies
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17a-101-13 |
(a) Persons authorized to remove a child The Commissioner of the Department of Children and Youth Services or his designee may authorize any employee of his Department or any law enforcement officer to remove a child when the conditions of Section 17-38a-12 are met. (b) Procedures prior to removal Prior to the immediate removal of a child the authorized Department of Children and Youth Services employee shall (1) investigate the situation and evaluate it on the basis of regulation 17-38a-12; (2) determine if the child or family is listed in the Child Abuse and Neglect Registry. If time does not permit this investigation prior to removal, it shall be accomplished within 24 hours after the time of removal. (3) obtain approval of the Commissioner of Department of Children and Youth Services or his designee for the removal. (c) Procedures upon removal If the Commissioner of Department of Children and Youth Services or his designee authorizes the employee to remove the child without the consent of the child's parent or guardian and the employee determines that immediate removal is required, the employee shall
(1) notify the parent(s), guardian, or caretaker(s) of the determination and the reason for it within 24 hours; (2) cooperate with and accompany the designated law officer authorized to remove the child, or request the local law enforcement officials to accompany the employee if necessary. (3) Placement Planning for the child shall give consideration to; (A) relatives who are reliable caretakers; (B) licensed foster home; (C) state-owned shelter care facilities or licensed, contracted child-caring facilities; (D) hospital — if required. (4) Make every attempt to place siblings together and maintain family ties. (d) Procedures during the 96-hour hold Upon removal, the employee shall within 96 hours either: (1) return the child to his parent(s), guardian or caretaker(s) with appropriate follow-up services, or (2) assist the parent(s) or guardian in voluntarily placing the child in some other mutually acceptable living arrangement, or (3) if the parent(s) or guardian refuses to place the child voluntarily, petition the Superior Court-Juvenile Matters for commitment of the child and an order for temporary custody.
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Table 4 Notification of law enforcement agencies: Removal of child from home
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Notification of law enforcement agencies: Removal if child from home
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17a-101(e)-5 |
If the investigation produces evidence that the child has been abused or neglected in the manner described in 17-38a (b) of the Connecticut General Statutes, the Department will take action deemed necessary to protect the child. Such action may include: (1) Immediate notification to the appropriate law enforcement agencies (which shall consist of a verbal report confirmed in writing within twenty-four (24) hours by the Department form designated for this purpose) indicating the name and age of the child(ren), the name and address of the parent(s) or other child-caring person, a description of the incident(s), the name and address of the alleged offender or perpetrator and the action taken by the Department. This notification will be provided whenever one or more of the following situations are found to exist: (A) The child has been so abused or neglected by parent(s) or other caretaker that death results. (B) The child is suffering from a serious illness and must be removed immediately to insure his safety, and the parent(s) and/or other child-caring person will not cooperate. (C) The child has incurred non-accidental, serious, physical injuries or serious injuries at variance with the history given of them such as significant burns, wounds from a stabbing or shooting, severe lacerations, ruptured viscera, broken bones or any series of injuries. (D) Sexual assault of the child such as sexual intercourse or other intentional sexual contact with the child. (E) Sexual exploitation of the child including, but not limited to, selling the child to others for sexual purposes and child pornography. (F) The child left alone in a locked house or vehicle and is unable to get out. (G) Demonstrated threats of violence or death to the child. (2) Removal of the Child from the home. (A) Removal of the child from the home with the written consent of the parent(s) or guardian. (B) Removal of the child from the home after securing Court Order of Temporary Custody from the Superior Court-Juvenile Matters. (C) Immediate removal of the child from the home pursuant to a 96-Hour Hold as provided for in 17-38a-11 to 17-38a-13 of the Regulations of Connecticut State Agencies. (D) If temporary removal and placement of the child out of the home is determined to be essential, the Department will provide services to the family as may be necessary and seek to return the child to the family home as soon as this action is deemed appropriate based on an assessment of the child's needs and the parent's willingness and ability to meet those needs.
(3) Child to Remain in own Home. (A) In cases where the results of the investigation indicate that the child may be properly cared for in his own home, services shall be provided to the parents or other child-care persons to assist them to more adequately respond to and meet the needs of the child under the supervision of the Department, including but not limited to: (i) Counseling services; (ii) Referral to and utilization of other community resources such as social, health, education and employment services. (B) If after providing these services for a reasonable period of time, the Department determines that the child can not be properly cared for in his own home, the Department may petition the Superior Court-Juvenile Matters for the child's commitment.
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Table 5: Commitment of Child or Youth in Connecticut to DCF
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SCOPE: |
· Bibliographic resources related to commitment of child or youth to the Commissioner of the Department of Children and Families in Connecticut
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DEFINITIONS: |
· Commitment: “means an order of the judicial authority whereby custody and/or guardianship of a child or youth are transferred to the Commissioner of the Department of Children And Families.” Conn. Practice Book § 26-1(b) (2006). · “An Order of Temporary Custody (OTC) is a court order to safeguard the immediate welfare of a child which may be issued without a hearing and vests the care and custody of the child concerned in the person or agency named in the order pending the adjudication on the merits of the petition.” Department of Children and Families Policy Manual § 34-10-5. http://www.dir.ct.gov/dcf/Policy/Invest34/34-10-5.htm · “An Order of Temporary Custody (OTC) with Neglect Petition is an ex parte order by a judge that is granted to the Department to safeguard the immediate safety of a child without a hearing. When granted by the judge, the OTC vests the care and custody of the child concerned in the person or agency (usually the Department of Children and Families) named in the OTC pending the adjudication on the merits of the neglect petition. The OTC does not transfer legal guardianship of the child or affect parental rights except as to physical custody.” Department of Children and Families Policy Manual § 46-3-19. http://www.dir.ct.gov/dcf/Policy/court46/46-3-19.htm · “An ex parte order is an order that is granted immediately and for the benefit of one party only and without notice to, or an opportunity to contest by, any person adversely affected by the order.” Department of Children and Families Policy Manual § 46-3-19. http://www.dir.ct.gov/dcf/Policy/court46/46-3-19.htm [Emphasis added] · Immediate Removal: “If the Commissioner of Children and Families, or the commissioner's designee, has probable cause to believe that the child or any other child in the household is in imminent risk of physical harm from the child's surroundings and that immediate removal from such surroundings is necessary to ensure the child's safety, the commissioner, or the commissioner's designee, shall authorize any employee of the department or any law enforcement officer to remove the child and any other child similarly situated from such surroundings without the consent of the child's parent or guardian. The commissioner shall record in writing the reasons for such removal and include such record with the report of the investigation conducted under subsection (b) of this section.” Conn. Gen. Stats. § 17a-101g(e) (2005). · 96-hour hold: “The removal of a child pursuant to subsection (e) of this section shall not exceed ninety-six hours. During the period of such removal, the commissioner, or the commissioner's designee, shall provide the child with all necessary care, including medical care, which may include an examination by a physician or mental health professional with or without the consent of the child's parents, guardian or other person responsible for the child's care, provided reasonable attempts have been made to obtain consent of the child's parents or guardian or other person responsible for the care of such child. During the course of a medical examination, a physician may perform diagnostic tests and procedures necessary for the detection of child abuse or neglect. If the child is not returned home within such ninety-six-hour period, with or without protective services, the department shall proceed in accordance with section 46b-129.” Conn. Gen. Stats. § 17a-101g(f) (2005).
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STATUTES: |
· Conn. Gen. Stats. (2005) Chapter 815t. Juvenile matters § 46b-120. Definitions § 46b-121. “Juvenile matters” defined. Authority of court (a) Juvenile matters in the civil session include all proceedings concerning uncared-for, neglected or dependent children and youth within this state . . . .” § 46b-129. Commitment of child or youth. Petition for neglected, uncared-for, dependent child or youth. Hearing re temporary custody, order to appear or petition. Review of permanency plan. Revocation of commitment. Applicability of provisions re placement of child from another state and Interstate Compact on the Placement of Children. § 46b-129a. Examination by physician—Appointment of counsel or guardian ad litem § 46b-135. Right to counsel and cross-examination § 46b-136. Appointment of attorney to represent child or youth and parent or guardian
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COURT RULES: |
· Conn. Practice Book (2007) Superior court—Procedure in juvenile matters Chapter 26. Definitions § 26-1. Definitions applicable to proceedings on juvenile matters
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FORMS: |
· Motion/Order of Temporary Custody/Order to Appear, Rev. 10/01 http://www.jud2.ct.gov/webforms/forms/jm058.pdf
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TEXTS & TREATISES: |
· Lynn B. Cochrane, Child Protection, Connecticut Lawyers’ Deskbook XVII-1 to XVII18 (2d ed. 2000). Basic principles: Neglect and Termination of parental rights cases, pp. XVII-2 to -3 Neglect, Initiation of a neglect case, pp. XVII-3 to -7 1. Orders of temporary custody, p. XVII-5 2. Responsibility of counsel Neglect petitions, pp. XVII-7 to -12 1. Investigation and discovery 2. The plea hearing 3. Pre-trial motions 4. 4. Case status conferences 5. Judicial pre-trials 6. Neglect trials 7. Adjunction 8. Disposition a. Return home b. Return home under protective supervision c. Transfer of guardianship to a third person d. Commitment to DCF Common evidentiary issues, pp. XVII-12 to -15 1. Privileges 2. Child witnesses 3. Judicial notice 4. Hearsay Permancy plan review and extension of commitment, pp. XVII-15--16 Revocation of commitment, p. XVII-16 Appeals, pp. XVII-16 to -17 Administrative case reviews of DCF treatment plans Administrative hearings before DCF Duty to foster children, pp. XVII-17 to -18 The Office of the child advocate Termination of parental rights, pp. XVII-18 · Paul Chill, The law of child abuse and neglect in Connecticut (Paper 51, 1997). Chapter 7. Emergency removal and temporary custody A. Overview B. 96-hour hold C. 96-hour hold by physician D. Orders of temporary custody · Ralph H. Folsom and Gayle B. Wilhelm, Connecticut Estates Practice Series: Incapacity, Powers of Attorney and Adoption in Connecticut (2006 ed.). Chapter 1. Commitments and Placements § 1:21. Commitment in juvenile proceedings; Termination of parental rights, statutory parent
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COMPILER: |
· Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343-6561. Email |
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Commitment Procedures Conn. Gen. Stats. § 46b-129 (2010 Supplement)
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Verified petition |
(a) Any selectman, town manager, or town, city or borough welfare department, any probation officer, or the Commissioner of Social Services, the Commissioner of Children and Families or any child-caring institution or agency approved by the Commissioner of Children and Families, a child or such child's representative or attorney or a foster parent of a child, having information that a child or youth is neglected, uncared-for or dependent, may file with the Superior Court that has venue over such matter a verified petition plainly stating such facts as bring the child or youth within the jurisdiction of the court as neglected, uncared-for or dependent, within the meaning of section 46b-120, the name, date of birth, sex and residence of the child or youth, the name and residence of such child's parents or guardian, and praying for appropriate action by the court in conformity with the provisions of this chapter.
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Summons |
Upon the filing of such a petition, except as otherwise
provided in subsection (k) of section 17a-112, the court shall cause a
summons to be issued requiring the parent or parents or the guardian of the
child or youth to appear in court at the time and place named, which summons
shall be served not less than fourteen days before the date of the hearing
in the manner prescribed by section 46b-128, and the court shall further
give notice to the petitioner and to the Commissioner of Children and
Families of the time and place when the petition is to be heard not less
than fourteen days prior to the hearing in question. |
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Order to appear
Or
Order ex parte temporary custody |
(b) If it appears from the specific allegations of the petition and other verified affirmations of fact accompanying the petition and application, or subsequent thereto, 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 the child's or youth's surroundings, and (2) that as a result of said conditions, 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 court shall either (A) issue an order to the parents or other person having responsibility for the care of the child or youth to appear at such time as the court may designate to determine whether the court should vest the child's or youth's temporary care and custody in a person related to the child or youth by blood or marriage or in some other person or suitable agency pending disposition of the petition, or (B) issue an order ex parte vesting the child's or youth's temporary care and custody in a person related to the child or youth by blood or marriage or in some other person or suitable agency. [Emphasis added]
[Continued]
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Preliminary Hearing on:
Ex Parte Custody Order or
Order to Appear
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A preliminary hearing on any ex parte custody order or
order to appear issued by the court shall be held not later than ten days
after the issuance of such order. The service of such orders may be made by
any officer authorized by law to serve process, or by any probation officer
appointed in accordance with section 46b-123, investigator from the
Department of Administrative Services, state or local police officer or
indifferent person. Such orders shall include a conspicuous notice to the
respondent written in clear and simple language containing at least the
following information: (i) That the order contains 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 parents' position
concerning the alleged facts; (iv) that an attorney will be appointed for
parents who cannot afford an attorney; (v) that such parents may apply for a
court-appointed attorney 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; (vi) that such parents, or a person having
responsibility 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 or marriage
who might serve as a licensed foster parent or temporary custodian for such
child or youth. The commissioner, where practicable, shall investigate such
relative or relatives prior to the preliminary hearing and provide a report
to the court at such hearing as to such relative's suitability; and (vii) if
such parents have any questions concerning the case or appointment of
counsel, any such parent is advised to go to the court or call the clerk's
office at the court as soon as possible. Upon application for appointed
counsel, the court shall promptly determine eligibility and, if the
respondent is eligible, promptly appoint counsel. The expense for any
temporary care and custody shall be paid by the town in which such child or
youth is at the time residing, and such town shall be reimbursed for such
expense by the town found liable for the child's or youth's support, except
that where a state agency has filed a petition pursuant to the provisions of
subsection (a) of this section, the agency shall pay such expense. The
agency shall give primary consideration to placing the child or youth in the
town where such child or youth resides. The agency shall file in writing
with the clerk of the court the reasons for placing the child or youth in a
particular placement outside the town where the child or youth resides. Upon
issuance of an ex parte order, the court shall provide to the commissioner
and the parent or guardian specific steps necessary for each to take to
address the ex parte order for the parent or guardian to retain or regain
custody of the child or youth. Upon the issuance of such order, or not later
than sixty days after the issuance of such order, the court shall make a
determination whether the Department of Children and Families made
reasonable efforts to keep the child or youth with his or her parents or
guardian prior to the issuance of such order and, if such efforts were not
made, whether such reasonable efforts were not possible, taking into
consideration the child's or youth's best interests, including the child's
or youth's health and safety. |
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Purpose of preliminary hearing
Identify persons related to the child or youth for placement
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(c) The preliminary hearing on the order of temporary custody or order to appear or the first hearing on a petition filed pursuant to subsection (a) of this section shall be held in order for the court to: (1) Advise the parent or guardian of the allegations contained in all petitions and applications that are the subject of the hearing and the parent's or guardian's right to counsel pursuant to subsection (b) of section 46b-135; (2) assure that an attorney, and where appropriate, a separate guardian ad litem has been appointed to represent the child or youth in accordance with subsection (b) of section 46b-123e and sections 46b-129a and 46b-136; (3) upon request, appoint an attorney to represent the respondent when the respondent is unable to afford representation, in accordance with subsection (b) of section 46b-123e; (4) advise the parent or guardian of the right to a hearing 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 order of temporary custody or an order to show cause; (5) accept a plea regarding the truth of such allegations; (6) make any interim orders, including visitation, that the court determines are in the best interests of the child or youth. The court, after a hearing pursuant to this subsection, shall order specific steps the commissioner and the parent or guardian shall take for the parent or guardian to regain or to retain custody of the child or youth; (7) take steps to determine the identity of the father of the child or youth, including ordering genetic testing, if necessary, and order service of the petition and notice of the hearing date, if any, to be made upon him; (8) if the person named as the father appears, and admits that he is the father, provide him and the mother with the notices that comply with section 17b-27 and provide them with the opportunity to sign a paternity acknowledgment and affirmation on forms that comply with section 17b-27. Such documents shall be executed and filed in accordance with chapter 815y and a copy delivered to the clerk of the superior court for juvenile matters; (9) in the event that the person named as a father appears and denies that he is the father of the child or youth, advise him that he may have no further standing in any proceeding concerning the child, and either order genetic testing to determine paternity or direct him to execute a written denial of paternity on a form promulgated by the Office of the Chief Court Administrator. Upon execution of such a form by the putative father, the court may remove him from the case and afford him no further standing in the case or in any subsequent proceeding regarding the child or youth until such time as paternity is established by formal acknowledgment or adjudication in a court of competent jurisdiction; (10) identify any person or persons related to the child or youth by blood or marriage residing in this state who might serve as licensed foster parents or temporary custodians and order the Commissioner of Children and Families to investigate and determine, not later than thirty days after the preliminary hearing, the appropriateness of placement of the child or youth with such relative or relatives; and (11) in accordance with the provisions of the Interstate Compact on the Placement of Children pursuant to section 17a-175, identify any person or persons related to the child or youth by blood or marriage residing out of state who might serve as licensed foster parents or temporary custodians, and order the Commissioner of Children and Families to investigate and determine, within a reasonable time, the appropriateness of placement of the child or youth with such relative or relatives.
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Motion to intervene by relatives for temporary custody
DCF assessment of intervenor
Permanent guardianship
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(d) (1) (A) If not later than thirty days after the
preliminary hearing, or within a reasonable time when a relative resides out
of state, the Commissioner of Children and Families determines that there is
not a suitable person related to the child or youth by blood or marriage who
can be licensed as a foster parent or serve as a temporary custodian, and
the court has not granted temporary custody to a person related to the child
or youth by blood or marriage, any person related to the child or youth by
blood or marriage may file, not later than ninety days after the date of the
preliminary hearing, a motion to intervene for the limited purpose of moving
for temporary custody of such child or youth. If a motion to intervene is
timely filed, the court shall grant such motion except for good cause shown. (B) Any person related to a child or youth may file a motion to intervene for purposes of seeking temporary custody of a child or youth more than ninety days after the date of the preliminary hearing. The granting of such motion shall be solely in the court's discretion, except that such motion shall be granted absent good cause shown whenever the child's or youth's most recent placement has disrupted or is about to disrupt. (C) A relative shall appear in person, with or without counsel, and shall not be entitled to court appointed counsel or the assignment of counsel by the Chief Child Protection Attorney except as provided in section 46b-136.
(2) Upon the granting of intervenor status to such relative
of the child or youth, the court shall issue an order directing the
Commissioner of Children and Families to conduct an assessment of such
relative and to file a written report with the court not later than forty
days after such order, unless such relative resides out of state, in which
case the assessment shall be ordered and requested in accordance with the
provisions of the Interstate Compact on the Placement of Children, pursuant
to section 17a-175. The court may also request such relative to release such
relative's medical records, including any psychiatric or psychological
records and may order such relative to submit to a physical or mental
examination. The expenses incurred for such physical or mental examination
shall be paid as costs of commitment are paid. Upon receipt of the
assessment, the court shall schedule a hearing on such relative's motion for
temporary custody not later than fifteen days after the receipt of the
assessment. If the Commissioner of Children and Families, the child's or
youth's attorney or guardian ad litem, or the parent or guardian objects to
the vesting of temporary custody in such relative, the agency or person
objecting at such hearing shall be required to prove by a fair preponderance
of the evidence that granting temporary custody of the child or youth to
such relative would not be in the best interests of such child or youth. |
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Failure to appear |
(e) If any parent or guardian fails, after service of such order, to appear at the preliminary hearing the court may enter or sustain an order of temporary custody.
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Hearing on the order for temporary custody OR the order to appear
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(f) Upon request, or upon its own motion, the court shall
schedule a hearing on the order for temporary custody or the order to appear
to be held not later than ten days after the date of the preliminary
hearing. Such hearing shall be held on consecutive days except for
compelling circumstances or at the request of the parent or guardian. |
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Contested Hearing |
(g) At a contested hearing on the order for temporary custody or order to appear, credible hearsay evidence regarding statements of the child or youth made to a mandated reporter or to a parent may be offered by the parties and admitted by the court upon a finding that the statement is reliable and trustworthy and that admission of such statement is reasonably necessary. A signed statement executed by a mandated reporter under oath may be admitted by the court without the need for the mandated reporter to appear and testify unless called by a respondent or the child, provided the statement: (1) Was provided at the preliminary hearing and promptly upon request to any counsel appearing after the preliminary hearing; (2) reasonably describes the qualifications of the reporter and the nature of his contact with the child; and (3) contains only the direct observations of the reporter, and statements made to the reporter that would be admissible if the reporter were to testify to them in court and any opinions reasonably based thereupon. If a respondent or the child gives notice at the preliminary hearing that he intends to cross-examine the reporter, the person filing the petition shall make the reporter available for such examination at the contested hearing.
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(h) If any parent or guardian fails, after due notice of the hearing scheduled pursuant to subsection (g) of this section and without good cause, to appear at the scheduled date for a contested hearing on the order of temporary custody or order to appear, the court may enter or sustain an order of temporary custody.
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(i) When a petition is filed in said court for the commitment of a child or youth, the Commissioner of Children and Families shall make a thorough investigation of the case and shall cause to be made a thorough physical and mental examination of the child or youth if requested by the court. The court after hearing may also order a thorough physical or mental examination, or both, of a parent or guardian whose competency or ability to care for a child or youth before the court is at issue. The expenses incurred in making such physical and mental examinations shall be paid as costs of commitment are paid.
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Adjudging child or youth is uncared-for, neglected or dependent |
(j) Upon finding and adjudging that any child or youth is
uncared-for, neglected or dependent, the court may commit such child or
youth to the Commissioner of Children and Families. Such commitment shall
remain in effect until further order of the court, except that such
commitment may be revoked or parental rights terminated at any time by the
court, or the court may vest such child's or youth's legal guardianship in
any private or public agency that is permitted by law to care for neglected,
uncared-for or dependent children or youths or with any other 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 the commitment should be revoked
and the child's or youth's legal guardianship should vest in someone other
than the respondent parent, parents or former guardian, or if parental
rights are terminated at any time, there shall be a rebuttable presumption
that an award of legal guardianship upon revocation to, or adoption upon
termination of parental rights by, any relative who is licensed as a foster
parent for such child or youth, or who is, pursuant to an order of the
court, the temporary custodian of the child or youth at the time of the
revocation or termination, shall be in the best interests of the child or
youth and that such relative is a suitable and worthy person to assume legal
guardianship upon revocation or to adopt such child or youth upon
termination of parental rights. The presumption may be rebutted by a
preponderance of the evidence that an award of legal guardianship to, or an
adoption by, such relative would not be in the child's or youth's best
interests and such relative is not a suitable and worthy person. The court
shall order specific steps that the parent must take to facilitate the
return of the child or youth to the custody of such parent. The commissioner
shall be the guardian of such child or youth for the duration of the
commitment, provided the child or youth has not reached the age of eighteen
years or, in the case of a child or youth in full-time attendance in a
secondary school, a technical school, a college or a state-accredited job
training program, provided such child or youth has not reached the age of
twenty-one years, by consent of such youth, or until another guardian has
been legally appointed, and in like manner, upon such vesting of the care of
such child or youth, such other public or private agency or individual shall
be the guardian of such child or youth until such child or youth has reached
the age of eighteen years or, in the case of a child or youth in full-time
attendance in a secondary school, a technical school, a college or a
state-accredited job training program, until such child or youth has reached
the age of twenty-one years or until another guardian has been legally
appointed. The commissioner may place any child or youth so committed to the
commissioner in a suitable foster home or in the home of a person related by
blood or marriage to such child or youth or in a licensed child-caring
institution or in the care and custody of any accredited, licensed or
approved child-caring agency, within or without the state, provided a child
shall not be placed outside the state except for good cause and unless the
parents or guardian of such child are notified in advance of such placement
and given an opportunity to be heard, or in a receiving home maintained and
operated by the Commissioner of Children and Families. In placing such child
or youth, the commissioner shall, if possible, select a home, agency,
institution or person of like religious faith to that of a parent of such
child or youth, if such faith is known or may be ascertained by reasonable
inquiry, provided such home conforms to the standards of said commissioner
and the commissioner shall, when placing siblings, if possible, place such
children together. As an alternative to commitment, the court may place the
child or youth in the custody of the parent or guardian with protective
supervision by the Commissioner of Children and Families subject to
conditions established by the court. Upon the issuance of an order
committing the child or youth to the Commissioner of Children and Families,
or not later than sixty days after the issuance of such order, the court
shall determine whether the Department of Children and Families made
reasonable efforts to keep the child or youth with his or her parents or
guardian prior to the issuance of such order and, if such efforts were not
made, whether such reasonable efforts were not possible, taking into
consideration the child's or youth's best interests, including the child's
or youth's health and safety. |
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Review of a permanency plan |
(k) (1) Nine months after placement of the child or youth
in the care and custody of the commissioner pursuant to a voluntary
placement agreement, or removal of a child or youth pursuant to section
17a-101g or an order issued by a court of competent jurisdiction, whichever
is earlier, the commissioner shall file a motion for review of a permanency
plan. Nine months after a permanency plan has been approved by the court
pursuant to this subsection, the commissioner shall file a motion for review
of the permanency plan. Any party seeking to oppose the commissioner's
permanency plan, including a relative of a child or youth by blood or
marriage who has intervened pursuant to subsection (d) of this section and
is licensed as a foster parent for such child or youth or is vested with
such child's or youth's temporary custody by order of the court, shall file
a motion in opposition not later than thirty days after the filing of the
commissioner's motion for review of the permanency plan, which motion shall
include the reason therefor. A permanency hearing on any motion for review
of the permanency plan shall be held not later than ninety days after the
filing of such motion. The court shall hold evidentiary hearings in
connection with any contested motion for review of the permanency plan. The
commissioner shall have the burden of proving that the proposed permanency
plan is in the best interests of the child or youth. After the initial
permanency hearing, subsequent permanency hearings shall be held not less
frequently than every twelve months while the child or youth remains in the
custody of the Commissioner of Children and Families. The court shall
provide notice to the child or youth, the parent or guardian of such child
or youth, and any intervenor of the time and place of the court hearing on
any such motion not less than fourteen days prior to such hearing. |
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Cost of care and maintenance of such child or youth |
(l) The Commissioner of Children and Families shall pay directly to the person or persons furnishing goods or services determined by said commissioner to be necessary for the care and maintenance of such child or youth the reasonable expense thereof, payment to be made at intervals determined by said commissioner; and the Comptroller shall draw his order on the Treasurer, from time to time, for such part of the appropriation for care of committed children or youth as may be needed in order to enable the commissioner to make such payments. Said commissioner shall include in his annual budget a sum estimated to be sufficient to carry out the provisions of this section. Notwithstanding that any such child or youth has income or estate, the commissioner may pay the cost of care and maintenance of such child or youth. The commissioner may bill to and collect from the person in charge of the estate of any child or youth aided under this chapter, including his decedent estate, or the payee of such child’s or youth’s income, the total amount expended for care of such child or youth or such portion thereof as any such estate or payee is able to reimburse.
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Motion to revoke commitment |
(m) The commissioner, a parent or the child’s attorney may file a motion to revoke a commitment, and, upon finding that cause for commitment no longer exists, and that such revocation is in the best interest and welfare of such child or youth, the court may revoke the commitment of any child or youth. No such motion shall be filed more often than once every six months.
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Refusal to surrender the child - contempt of court |
(n) Upon service on the parent, guardian or other person having control of the child or youth of any order issued by the court pursuant to the provisions of subsections (b) and (j) of this section, the child or youth concerned shall be surrendered to the person serving the order who shall forthwith deliver the child or youth to the person, agency, department or institution awarded custody in such order. Upon refusal of the parent, guardian or other person having control of the child or youth to surrender the child or youth as provided in the order, the court may cause a warrant to be issued charging the parent, guardian or other person having control of the child or youth with contempt of court. If the person arrested is found in contempt of court, the court may order such person confined until he purges himself of contempt, but for not more than six months, or may fine such person not more than five hundred dollars, or both.
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Foster parent |
(o) A foster parent shall have the right to be heard for the purposes of this section in Superior Court in matters concerning the placement or revocation of commitment of a foster child living with such parent. A foster parent shall receive notice of any motion to revoke commitment or any hearing on such motion. A foster parent who has cared for a child or youth for not less than six months shall have the right to be heard and comment on the best interests of such child or youth in any matter under this section which is brought not more than one year after the last day the foster parent provided such care.
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Siblings |
(p) 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 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.
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Interstate Compact on the Placement of Children
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(q) The provisions of section 17a-152, regarding placement of a child from another state, and section 17a-175, regarding the Interstate Compact on the Placement of Children, shall apply to placements pursuant to this section.
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SCOPE: |
Bibliographic resources relating to the vulnerability of child witnesses and the reliability of child testimony.
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CONSTITUTION: |
· U.S. Const. amend. VI. · Conn. Const. art. I, § 8.
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STATUTES:
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Conn. Gen. Statutes (2007)
§ 1-25 Oath for witnesses 12 years of age or younger
§ 46b-49 Private hearing.
§ 46b-138a Testimony of accused juvenile, parent or guardian in juvenile proceedings.
§ 54-86g Testimony of victim of child abuse. § 54-86h Competency of child as witness.
Unites States Code (2006)
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COURT RULES:
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· Connecticut Practice Book (2007 Edition) Chapter 25. Superior Court—Procedure in family matters § 25-59. Closed Hearings and Records. Chapter 32a. Rights of parties: Neglected, uncared for and dependent children and termination of parental rights § 32a-1. Right to Counsel and to Remain Silent § 32a-2. Hearing procedure; Subpoena § 32a-3. Standard of proof § 32a-4. Child Witness § 32a-5. Child in Court
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CASES:
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· Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 102 S.Ct. 2613 (1982). This case addresses the constitutionality of a Massachusetts statute which, “as construed by the Massachusetts Supreme Judicial Court, requires trial judges, at trials for specified sexual offenses involving a victim under the age of 18, to exclude the press and general public from the courtroom during the testimony of that victim.” (p. 598) Held: “... § 16A, as construed by the Massachusetts Supreme Judicial Court, violates the First Amendment to the Constitution.” (p. 610-611) · State v. Bronson, 258 Conn. 42, 50, 779 A.2d 95 (2001). “In the exercise of discretion, the trial court must conduct an assessment of the victim’s reliability as a witness pursuant to the test set forth in Jarzbek …We conclude that the defendant’s request for an expert’s assessment should have been granted.” · State v. Aponte, 249 Conn. 735, 738 A.2d 117 (1999) “We conclude that the actions of the prosecutor in giving the victim a Barney doll prior to her testifying, along with the trial court’s limitations on the defendant’s ability to expose to the jury the impact that such conduct may have had on her testimony, harmfully deprived the defendant of due process…”(737). “This four year old’s inability to immediately ‘shift gears’ does not demonstrate a lack of comprehension such that her testimony should have been disallowed” (760). · State v. Jarzbek, 204 Conn. 683, 704, 529 A.2d 1245 (1987), cert. denied, 484 U.S. 1061, 108 S.Ct. 1017, 98 L.Ed.2d 982 (1989) “We conclude that, in criminal prosecutions involving the alleged sexual abuse of children of tender years, the practice of videotaping the testimony of a minor victim outside the physical presence of the defendant is, in appropriate circumstances, constitutionally permissible... We ... mandate a cases-by-case analysis, whereby a trial court must balance the individual defendant’s right of confrontation against the interest of the state in obtaining reliable testimony from the particular minor victim in question… Under the approach we adopt today, a trial court must determine, at an evidentiary hearing, whether the state has demonstrated a compelling need for excluding the defendant from the witness room during the videotaping of a minor victim’s testimony.” · State v. James, 211 Conn. 555, 560 A.2d 426 (1989). “We conclude that the trial court did not abuse its discretion in refusing the defendant’s request to charge upon the credibility of a child witness.” (p. 571) · State v. Angel, 237 Conn. 321, 677 A.2d 912 (1996). “The defendant in this case has similarly failed to establish that the trial court’s refusal to grant his request for a child credibility instruction constituted an abuse of discretion.” (p. 331) · State v. Marquis, 241 Conn. 823, 699 A.2d 893 (1997). “The issue in this certified appeal is whether a trial court has the discretion, under State v. Jarzbek, .... and General Statutes § 54-86g, to order that a child witness be examined by an expert witness for the defense before deciding whether to grant the state’s motion for videotaped testimony pursuant to § 54-86g(a). We conclude that the trial court has the discretion to order such an examination ...” (p. 824-825)
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WEST KEY NUMBERS:
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· Witnesses 39, 40(1,2), 45(2)
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ENCYCLOPEDIAS: |
· 81 Am. Jur. 2d Witnesses (2004). § 201. Test of competency § 202. Duty and discretion of court § 203. Examination by court; effect of statute § 204. —Manner and extent of examination § 205. —Participation of counsel § 206. —Failure to conduct examination § 207. Examination by psychiatrist or psychologist § 208. Particular factors of child competency. Age and intelligence of child. Generally § 209. Presumption of competence § 210. —Effect of statute § 211. Particular ages of competency § 212. Sensibility of child to obligation of oath. Generally § 231. Factors not sufficient to disqualify from oath · 97 C.J.S. Witnesses (2002). § 132. Competency of particular persons, Children. Test of competency § 133. Presumptions; children under certain ages § 134. Special rules in sex offense cases § 135. Time of competency § 136. Understanding duty to tell truth. Generally § 137. Knowledge of legal terms and consequences § 138. Religious belief § 139. Special rules in sex offence and other criminal cases § 140. Particular factors affecting child’s competency. Coaching and rehearsing § 141. Mental retardation; commitment to juvenile facility § 143. Uncertainties; reluctance to testify § 144. Examination of child. Generally § 145. Types of questions § 146. Examination by psychiatrist · Brent G. Filbert, Annotation, Admissibility of Expert Testimony as to Proper Techniques for Interviewing Children or Evaluating Techniques Employed in Particular Cases, 87 ALR5th 693 (2001). · Scott M. Smith, Annotation, Validity, Construction, and Application of Child Victims’ and Child Witnesses’ Rights Statute (18 U.S.C.S. § 3509), 121 A.L.R. Fed. 631 (1994). · Carol J. Miller, Annotation, Instructions to Jury as to Credibility of Child’s Testimony in Criminal Case, 32 A.L.R. 4th 1196 (1984).
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TEXTS & TREATISES:
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· 1 Donald T. Kramer, Legal Rights of Children (rev. 2d ed. 2005). Chapter 13. The Child Witness · Paul Chill, The Law of child Abuse and Neglect in Connecticut 79-80 (1997). Chapter 14 Trials F. Rules of evidence: Child witnesses (p. 81). · Lucy S. McGough, Child Witnesses: Fragile Voices in the American Legal System (1994). · Stephen J. Ceci. Jeopardy in the courtroom: A scientific analysis of children’s testimony (1995). · Ann M. Haralambie, Child Sexual Abuse in Civil Cases: A Guide to Custody and Tort Actions 317-338 (1999) · Anne Griffen Walker, Handbook on Questioning Children: A Linguistic Perspective (1994). · Ann. M Haralambie, The Child’s Attorney: A Guide to Representing Children in Custody, Adoption, and Protection Cases 103-133 (1993). · 2 Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). Chapter 21. Trial techniques: Basic strategies § 21.07. The child witness Chapter 24. Children’s development, memory, and testimony § 24.07. Importance of developmental level for child abuse/neglect issues § 24.10. Children’s memory in general § 24.11. Memory for personally significant details § 24.12. Memory for traumatic events § 24. 13. Suggestibility § 24. 14. Testimonial relevance of child memory § 24.15. False Memory Syndrome § 24.16. Testimonial relevance of children’s memory § 24.17. Competency § 24.18. Preparing the child § 24.19. Accommodations for child witness § 24.20. Expert testimony in preparation for child’s testimony § 24.21. How to ask children questions they can understand § 24.22. Ensuring fair cross-examination · 1 John E.B. Meyers, Evidence in Child Abuse & Neglect Cases (3rd ed., 2005). Chapter 3. Children in court § 3.01. Psychological research and the effects of testifying on childrent § 3.02. Judicial control of proceedings when child testify § 3.03. Defendant’s right of self-representation § 3.04. Altering the physical layout of the courtroom: Modifying courtroom practices to accommodate child witness § 3.5. Video testimony § 3.6. Defendant’s sixth amendment right to public trial § 3.07. First amendment right of press and public to attend criminal trials § 3.08. The jury and the child witness Chapter 6. Child sexual abuse · Jon’a F. Meyer, Inaccuracies in Children’s Testimony: Memory, Suggestibility, or Obedience to Authority (1997). · 2 Donald T. Kramer, Legal Rights of Children (2006). Chapter 7. The child witness § 7.01. Introduction § 7.02. Principles if child development impacting on the child witness § 7.03. Techniques for interviewing the child witness and preparing the child to testify § 7.04. Trauma of the court process § 7.05. Competency § 7.06. Constitutional rights of defendants in child abuse prosecutions § 7.07. Admissibility of the child’s out-of-court statements of abuse § 7.08. Admissibility of expert testimony § 7.9. Technological reforms
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LAW REVIEWS: |
· Jonathan Spodnick, Competency of the Child Witness in Sexual Assault Cases: Examining the Constitutionality of Connecticut General Statute §54-86h, 10 Univ. of Bridgeport L. Rev. 135 (1989). · Kerry R. Callahan, Protecting Child Sexual Abuse Victims in Connecticut, 21 Conn. L. Rev. 411 (1989). · Nancy W. Perry and Larry L. Teply, Interviewing, Counseling, and In-Court Examination of Children: Practical Approaches for Attorneys, 18 Creighton L. Rev. 1369 (1985), reprinted in Jean Koh Peters, Representing Children in Child Protective Proceedings: Ethical and Practical Dimensions 665 (2d ed. 2001). · Julie A. Dale, Ensuring Reliable Testimony From Child Witnesses in Sexual Abuse Cases: Applying Social Science Evidence to a New Fact-Finding Method, 57 Albany L. Rev. 187 (1993).
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COMPILERS: |
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A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic resources relating to state and federal programs and activities developed to prevent child abuse and neglect
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STATUTES: |
· Conn. Gen. Statutes (2007) Chapter 104. Municipal police and fire protection § 7-294g. State and local police training programs to provide training re domestic violence, child abuse, and suicide intervention procedures Chapter 319. Department of Children and Families § 17a-3. Powers and duties of the department. Master Plan. [Department of Children and Families] § 17a-49. Grants for programs to treat and prevent child abuse and neglect ... § 17a-50 Children’s Trust Fund established... “There is established a Children’s Trust Fund the resources of which shall be used by the Department of Children and Families ... to fund programs aimed at preventing child abuse.” Chapter 319a. Child welfare § 17a-101. Protection of children from abuse. Mandated reporters. Educational and training programs § 17a-106. Cooperation in relation to prevention, identification and investigation of child abuse and neglect. Chapter 368a. Department of Public Health § 19a-4i. Office of Injury Prevention. Chapter 813a. Office of the Child Advocate § 46a-13K et seq. Office of the Child Advocate · United States Code (2007) 42 USC § 5101 et seq. Child Abuse Prevention and Treatment Act
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REGULATIONS
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· Conn. Agencies Regs. §§ 17a-50-1 to 17a-50-7 (3-95B) §17a-50-1(c) “‘Children’s Trust Fund’ means a designated account operated and maintained by the Department to provide financial support for community based child abuse prevention activities.”
· 45 C.F.R Part 1340 (revised to October 1, 2006) Child abuse and neglect prevention and treatment.
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LEGISLATIVE REPORTS:
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· Saul Spigel, CHILD ABUSE AND POVERTY, Connecticut General Assembly, Office of Legislative Research, No. 99-R-0477 (April 2, 1999). · Lawrence K. Furbish, Child Abuse Reporting Requirement For Clergymen, Connecticut General Assembly, Office of Legislative Research, No. 94-R-0135 (March 15, 1994). · Saul Spigel, Child Abuse Prevention and Punishment, Connecticut General Assembly, Office of Legislative Research, Report No. 2002-R-0836 (Oct. 18, 2002).
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CASES: |
Cases Discussing the doctrine of ‘Predictive Neglect’ · In Re Jeyron G., Nos. K09-CP04-009543-B (Conn. Super. Ct., J.D. New London at Juvenile Matters at Waterford, Sep. 12, 2006, 2006 WL 2734232). “With respect to Pedro, mother having established that she is unable or unwilling to cooperate with the necessary and mental health and supportive housing that she needs, unable to address her issues of inappropriate caretakers, inappropriate friends, substance abuse, mental health disorders and unstable housing, and especially the deficits in her parenting, having been noticed by her providers in Child and Family as well as Dr. Freedman, the department has established the ground of predictive neglect; and such an adjudication enters.” · In re Michael D., 58 Conn. App. 119, 123-124, 752 A.2d 1135 (2000), cert. denied 254 Conn. 911 (2000). “By its terms, § 17a-101(a) connotes a responsibility on the state’s behalf to act before the actual occurrence of injury or neglect has taken place… Our statutes clearly and explicitly recognize the state’s authority to act before harm occurs to protect children whose health and welfare may be adversely affected and not just children whose welfare has been affected.” · In re Kelly S., 29 Conn. App. 600, 613, (1992). “The trial court found that the respondent was not capable of providing the necessary care. The evidence fully supports that conclusion… Actual incidents of abuse or neglect are not required in determining that a child is uncared for under the ‘specialized needs’ section of the statute… For purposes of commitment of a child to the custody of the commissioner pursuant to § 46b-129, proof of ongoing parenting deficiencies is sufficient to satisfy the statute where those deficiencies mean that the child’s home is unable to provide the care required for her special needs.” · In re Corey-Thomas, (Conn. Super. Ct., Torrington, Sept. 20, 2000). “Two of the cases cited by petitioner aptly describe the nature of an necessity for the doctrine of predictive neglect.”
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WEST KEY NUMBERS:
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· Predictive Neglect - Infants # 156 |
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TREATISES: |
· 2 Donald T. Kramer, Legal Rights of Children (rev. 2d ed. 2005). Chapter 16. Child abuse and family maltreatment I. Introduction § 16:1. Introduction: The evolution of the child protection proceeding § 16:2. Contemporary child abuse laws § 16:3. Proof required to establish child abuse II. Types and definitions of child abuse § 16:4. Physical abuse, corporal punishment, and torture § 16:5. Abandonment § 16:6. Failure to provide adequate food, clothing, shelter, or parental care and supervision § 16:9. Neglect, generally § 16:10. Educational neglect § 16:11. Medical neglect
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LAW REVIEWS: |
· Donna J. Goldsmith, In the Best Interests of an Indian Child: The Indian Child Welfare Act, 53 Juvenile and Family Court Journal, Fall 2002, at 9. · Richard R. Fields, Book Note, The Future of Child Protection: How to Break the Cycles of Abuse and Neglect, 3 J.L. & Fam. Stud. 243 (2001). · Jennifer L. Reichert, Judges’ Group Releases Guidelines for Protecting Victims of Family Violence, 35 Trial, August 1999, at 83. · Howard A. Davidson, Protecting America’s Children: a Challenge, 35 Trial, January 1999, at 22. · Michael S. Wald & Sophia Cohen, Preventing Child Abuse—What Will It Take?, 20 Fam. L. Q. 281 (1986).
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WEB SITES: |
· Prevent Child Abuse America http://www.preventchildabuse.org “Working with chapters in 39 states and the District of Columbia, we provide leadership to promote and implement prevention efforts at both the national and local levels.” · Wheeler Clinic – Prevent Child Abuse CT http://www.wheelerclinic.org/children/prevent_childabuse_children.php “Prevent Child Abuse Connecticut (PCA CT) is a non-profit program dedicated to the prevention of all forms of child abuse, with an emphasis on promoting healthy family relationships. PCA CT is the Connecticut chapter of Prevent Child Abuse America.”
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COMPILER: |
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SCOPE: |
Bibliographic resources relating to Connecticut’s Safe Havens Act for Newborns.
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STATUTES: |
Conn. Gen. Statutes (2007) Chapter 319. Department of Children and Families · § 17a-57. Designation of emergency room nursing staff to take physical custody of infant voluntarily surrendered. · § 17a-58. Physical custody of infant upon voluntary surrender by parent or agent. Medical history. Identification bracelet. · § 17a-59. Notification of custody. Assumption of care and control by commissioner. · § 17a-60. Reunification of parent with infant. Confidentiality of information provided designated employee. · § 17a-61. Public information program. Chapter 939. Offenses against the person · § 53-21(b). “The act of a parent or agent leaving an infant thirty days or younger with a designated employee pursuant to section 17a-58 shall not constitute a violation of this section.” · § 53-23. Abandonment of child under the age of sex years. (b) “The act of a parent or agent leaving an infant thirty days or younger with a designated pursuant to section 17a-58 shall not constitute a violation of this section.”
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COURT CASES:
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· In re of Olivia Doe, 189 Misc. 2d 512, 733 N.Y.Supp. 2d 326 (2001). After the parents left their newborn child at a ‘safe haven’ site, the Dept. Social Services petitioned the court to terminate parental rights and grant Social Services guardianship and custody.. The court granted the petition so as to free the child for adoption.
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ADMINISTRATIVE AGENCIES - RESOURCES
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· State of Connecticut, Department of Children and Families, “What is the Safe Havens Act for Newborns?”, available on the DCF website. · State of Connecticut, Department of Children and Families, Policy Manual, § 34-12-4.
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LAW REVIEWS: |
· Ana L. Partida, Note, The Case for “Safe Haven” Laws: choosing the Lesser of Two Evils in a Disposable Society, 28 New Eng. J. on Crim & Civ. Confinement 61 (2002). · Sarah Biehl, Validating Oppression: Safe Haven Laws as Perpetuation of Society’s Demonization of “Bad” Mothers, Children’s Legal Rights Journal, Winter 2002-03, at 17. · Karen Vassilian, A Band-Aid or a Solution? Child Abandonment Laws in California, 32 McGeorge L. Rev. 752 (2001). · |
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343-6561. Email |
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SCOPE: |
Bibliographic resources relating to false reports or false allegations of child abuse.
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STATUTES: |
· Conn. Gen. Statutes (2007) Chapter 319a. Child welfare § 17a-101e(c). False reports of child abuse. Penalty. § 17a-103. Reports by others. False reports. Notification to law enforcement agency. Chapter 802h. Protected persons and their property § 45a-615. False or malicious application for removal of guardian. Penalty.
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REGULATIONS
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· Conn. Agencies Regs. (3-95B) § 17a-101-4(a). “...all reports that are determined to be unfounded shall be expunged . . . .” § 17a-101(e)-4(d). “Reports of child abuse or neglect determined to be unfounded will be expunged from the Child Abuse and Neglect Registry ...”
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COURT CASES: (Connecticut)
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· Vargas v. LaBella, No. CV 06-5001941 S (J.D. Fairfield at Bridgeport, Mar. 8, 2007), 43 CONN. L. REPTR. 22, 25 (April 30, 2007). “Third, the plaintiff's allegations imply the legal conclusion that maliciousness, in the form of making a false report of sexual abuse, is a dangerous propensity. The plaintiff's memorandum has offered no legal authority for that proposition and the court is unaware of any such authority. Thus, the second count insufficiently alleges a claim of negligent supervision of a child and is stricken.” · Riedl v. Plourde, No. CV-02-0088965-S Conn. Super. Ct., Litchfield, Feb. 10, 2003). “The defendants were not mandated reporters and can not expect to receive any greater immunity than accorded to mandated reporters. In fact, any person who makes a knowingly false report of child abuse may be fined not more than $2,000 or imprisoned not more than on year or both. It would be incongruous if the defendants were immune from civil liability in this situation. For these reasons the motion to strike is denied.” · Greco v. Anderson, 28 Conn. L. Rptr. 605 (New Britain Super. Ct., Oct. 23, 2000), 2000 WL 1763732. “The plaintiffs … allege that the defendant Anderson, ‘made false and malicious accusations’ of child abuse on their part to an employee of the state Department of Children and Families… I conclude that a motion to strike is appropriate to raise the immunity issue. I also conclude, however, that the Grecos have pled sufficient facts which, if proven, would overcome the claim of immunity.” · Wilkinson v. Wiegand, Docket No. FA92 0517285 (Hartford Super. Ct., Jan. 27, 1995), 1995 WL 43693. In this dissolution of marriage case, the plaintiff husband was awarded a $500,000 lump sum alimony payment. “Of particular note is the intolerable cruelty which the defendant has caused by subjecting the plaintiff to false allegations of sexual abuse, and the humiliation which resulted from that…” · Butler v. Butler, Docket No. FA90-027128S (Hartford Super. Ct., Feb. 19, 1992). A child custody dispute where allegations of child sexual abuse were made by the mother. The allegations were evenually found to be invalid. The parties were granted joint legal custody, and primary physical custody was given to the Plaintiff father.
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TEXTS & TREATISE:
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· 5 Sandra Morgan Little, Child Custody and Visitation Law & Practice (2007). Chapter 31. Allegations of abuse in child custody and visitation proceedings § 31.03. Reporting rules [1] Introduction [2] Purpose, operation, and effect of reporting statutes [3] Problems with and concerns about reporting laws [a] Underreporting [b] Substantiation of cases [c] Misperceptions concerning allegations of sexual abuse [d] Disposition of unfounded cases
· Ann M. Haralambie, Child Sexual Abuse in Civil Cases: A Guide to Custody and Tort Actions (1999) [see index references under ‘false allegations’] · Inger J. Sagatun & Leonard P. Edwards, Child Abuse and the Legal System 100 (1995).
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LAW REVIEWS: |
· Terese L. Fitzpatrick, Innocent Until Proven Guilty: Shallow Words for the Falsely Accused in a Criminal Prosecution for Child Sexual Abuse, 12 Univ. Bridg. L. Rev. 175 (1991). · Corey L. Gordon, False Accusations of Child Abuse in Child Custody Disputes, 4 Conn. Fam. L. J. 11 (1985). · Richard A. Gardner, Differentiating Between Bona fide and Fabiricated Allegations of Sexual Abuse of Children, 5 J. Am. Acad. Matrim. Law. 1 (1989). · Curtis M. Loveless, Sexual Abuse Allegations in Child Custody Cases—Some Practical Considerations, 5 J. Am. Acad. Matrim. Law. 47 (1989). · Meredith Sherman Fahn, Allegations of Child Sexual Abuse in Custody Disputes: Getting to the Truth of the Matter, 25 Fam. L. Q. 193 (1991). · Ann M. Haralambie, Child Sexual Abuse: Defending the Alleged Abuser, 17 Fam. Advoc, Winter 1995, at 52.
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COMPILER: |
· Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343-6561. Email |
Table 7 False reports of Child Abuse
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Reports of Child Abuse Conn. Gen. Stats. § 17a-101e (2007)
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Discrimination against witnesses |
(a) No employer shall discharge, or in any manner discriminate or retaliate against, any employee who in good faith makes a report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, testifies or is about to testify in any proceeding involving child abuse or neglect. The Attorney General may bring an action in Superior Court against an employer who violates this subsection. The court may assess a civil penalty of not more than two thousand five hundred dollars and may order such other equitable relief as the court deems appropriate.
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Immunity for making report of child abuse in good faith |
(b) Any person, institution or agency which, in good faith, makes, or in good faith does not make, the report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103 shall be immune from any liability, civil or criminal, which might otherwise be incurred or imposed and shall have the same immunity with respect to any judicial proceeding which results from such report provided such person did not perpetrate or cause such abuse or neglect.
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False report of child abuse. Penalty |
(c) Any person who knowingly makes a false report of child abuse or neglect pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, shall be fined not more than two thousand dollars or imprisoned not more than one year or both.
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SCOPE: |
Bibliographic resources relating to abuse or neglect of an unborn child and the extent to which a parent may be held accountable for prenatal injury
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STATUTES: |
· Conn. Gen. Statues (2007) Chapter 319a. Addiction services § 17a-710. Substance abuse treatment programs for pregnant women and their children. § 17a-711. Task force on substance-abusing women and their children.
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COURT CASES:
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· State v. Courchesne, 262 Conn. 537, 816 A.2d 562 (2003). The defendant was convicted of the murder of both a pregnant woman and her infant. A caesarian delivery was necessary after the stabbing of the mother. The infant died 42 days after the stabbing. · In Re Valerie D., 223 Conn. 492, 524, 613 A.2d 748 (1992). “We therefore infer from the legislative activity in 1990 and intent that § 45a-171(f)(2) does not contemplate a petition for termination of parental a petition for termination of parental rights based upon the prenatal drug use by the mother.” · In the Interest of Cesar G., Child Protection Session (Middletown Super. Ct., May 4, 2000), 1995 WL 43693. “In neither Ground F nor Ground E did the legislature provide that the conduct related to the ‘other child’ had to have occurred subsequent to the birth of the subject child. If it had intended that meaning, it easily could have included such language… Accordingly, the court holds that Ground F may apply to a child who was not born when the subject conduct occurred.”
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TEXTS & TREATISE:
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· Inger J. Sagatun & Leonard P. Edwards, Child Abuse and the Legal System, 231-243 (1995). Chapter 14. “Fetal Abuse: The Case of Drug-Exposed Infants.” · 2 Donald T. Kramer, Legal Rights of Children §16.11 (2d ed. 1994).
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ENCYCLOPEDIAS: |
· Mary E. Taylor, Annotation, Parent’s Use of Drugs as Factor in Award of Custody of Children, Visitation Rights, or Termination of Parental Rights, 20 ALR5th 534 (1994).
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LAW REVIEWS: |
· David A. Hollander, In Re Valerie D.: The New Word on the Street, 13 Bridgeport L. Rev. 989 (1993). · Margeret P. Spencer, Prosecutorial Immunity: The Response to Prenatal Drug Use, 25 Conn. L. Rev. 393 (1993). · Tara Kole & Laura Kadetsky, The Unborn Victims of Violence Act, 39 Harv. L. on Legis. 215 (2002). · Michael Holzapfel, Comment, The Rights to Live, The Right to Choose, and The Unborn Victims of Violence Act, J. Contemp. Health L. & Pol’y 431 (2002). · Leslie Ayers, Note, Is Mama a Criminal? An Analysis of Potential Criminal Liability of HIV-Infected Pregnant Women in the Context of Mandated Drug Therapy, 50 Drake L. Rev. 293 (2002). · Lori Fulton, Protective Custody of the Unborn: Involuntary Commitment of Pregnant, Substance-Abusing Mothers for the Protection of Their Unborn Children, 21 Children’s Legal Rts. J., Fall 2001, at 8. · Sandy Banks, Crime and the Myth of the Perfect Mother, L.A. Times, May 27, 2001, at E-1. (Woman convicted of killing her unborn child by smoking cocaine) · Nancy Kubasek & Melissa Hinds, The Communitarian Case Against Prosecutions for Prenatal Drug Abuse, 22 Women’s Rights L. Rts. 1 (2000). · Robyn M. Kaufman, Legal Recognition of Independent Fetal Rights: The Trend Towards Criminalizing Prenatal Conduct, 17 Children’s Legal Rts. J., Spring 1997, at 20. · Timothy Lynch & Nancy Grace, Individual Right: Is the Prosecution of ‘Fetal Endangerment’ Illegitimate, 82 A.B.A. J., December 1996, at 72. · Jessica Pearson & Nancy Thoennes, What Happens to Pregnant Substance Abusers and Their Babies?, 47 Juv. & Fam. Ct. J., Spring 1996, at 15. · Shona Glink, The Prosecution of Maternal Fetal Abuse: Is This the Answer, 1991 Univ. Ill. L. Rev. 533 (1991). · Dorothy E. Roberts, Punishing Drug Addicts Who Have Babies: Women of Color, Equality, and the Right to Privacy, 104 Harv. L. Rev. 1419 (1991). · |
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COMPILER: |
· Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343-6561. Email
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SCOPE: |
Bibliographic resources relating to adult memories of child abuse or “repressed memory syndrome”
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STATUTES: |
· Conn. Gen. Statutes (2007) § 52-577d. Limitation of action for damages to minor caused by sexual abuse, exploitation or assault. Notwithstanding the provisions of section 52-577, no action to recover damages for personal injury to a minor, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault may be brought by such person later than thirty years from the date such person attains the age of majority.
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LEGISLATIVE: |
· Sandra Norman-Eady, SEXUAL ABUSE, HARASSMENT, AND ASSAULT, Connecticut General Assembly, Office of Legislative Research Report No. 2005-R-0857 (December 6, 2005). “You asked how the terms ‘sexual harassment,’ ‘sexual abuse,’ and ‘sexual assault’ are used in the Connecticut General Statutes and how they are defined.” · Sandra Norman-Eady, STATUTE OF LIMITATIONS IN CHILD SEXUAL ASSAULT CASES, Connecticut General Assembly, Office of Legislative Research Report No. 2003-R-0882 (November 26, 2003). “You asked whether the criminal and civil statutes of limitations for child sexual assault apply retroactively. You also wanted to know the (1) criminal and civil statute of limitations applicable to a crime of sexual assault committed between 1990 and 1994 against a minor between ages 15 to 18 and (2) current statutes of limitations.” · Lawrence K. Furbish, CRIMINAL STATUTE OF LIMITATIONS FOR SEXUAL ABUSE OF A MINOR, Connecticut General Assembly, Office of Legislative Research Report No. 99-R-0856 (August 30, 1999). “You asked for a brief summary and explanation of CGS § 54-193a, which establishes statute of limitations for criminal charges involving the sexual abuse of a minor.” · Lawrence K. Furbish, CIVIL STATUTE OF LIMITATIONS FOR SEXUAL ABUSE OF A MINOR CASE, Connecticut General Assembly, Office of Legislative Research Report No. 96-R-01475 (December 6, 1996). “You asked for a summary of a recent Superior Court case concerning the civil statute of limitations in cases involving sexual abuse of a minor. You also wanted to know about the legislative history of the statute and if other states have extended statutes of limitation for such cases.”
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COURT CASES: (Connecticut)
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· Doe v. Norwich Roman Catholic Diocesan Corp., 279 Conn. 207, 209, 901 A.2d 673 (2006). “In this appeal, we are asked to decide when the thirty year statute of limitations period under General Statutes § 52-577d, triggered by a minor victim of sexual assault attaining the age of majority, begins to run for the plaintiff, David Doe, who was nineteen years old when the legislature lowered the age of majority from twenty-one years to eighteen years in 1972.” · Borawick v. Shay. 68 F.3d 597, 606 (2d Cir. 1995), cert. denied, 597 U.S. 1229 (1996). “…the fact remains that the literature has not yet conclusively demonstrated that hypnosis is a consistently effective means to retrieve repressed memories of traumatic, past experiences accurately…” · Henderson v. Wooley, 230 Conn. 472, 486, 644 A.2d 1303 (1994). “… the parental immunity doctrine does not bar an action by a minor child against his or her parent for personal injuries arising out of sexual abuse, sexual assault or sexual exploitation.”
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ENCYCLOPEDIAS: |
· Charles S. Parnell, Trial Report: Third Party Suit Against Therapists for Implanting False Memory of Childhood Molestation, 57 Am. Jur. Trials 313 (1995). · Gregory G. Sarno, Annotation, Emotional or Psychological ‘Blocking’ or Repression as Tolling Running of Statute of Limitations, 11 ALR5th 588 (1993). · Russell G. Donaldson, Annotation, Running of Limitations Against Action for Civil Damages for Sexual Abuse of Child, 9 ALR5th 321 (1993).
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TEXTS & TREATISE:
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· Inger J. Sagatun & Leonard P. Edwards, Child Abuse and the Legal System 255 (1995). · Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). § 20.08. Delayed discovery · Marc J. Ackerman, Sexual Abuse Memories: Repressed, False, or Fabricated, in 1995 Wiley Family Law Update ch. 1 (1995).
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LAW REVIEWS: |
· Joseph A. Spadaro, An Elusive Search for the Truth: the Admissibility of Repressed and Recovered Memories in Light of Daubert v. Merrell Dow Pharmaceuticals, Inc, 30 Conn. L. Rev. 1147 (1998). · Elaine Song, A New Test for Painful ‘Memories’: The 2nd Circuit Lays Down the Law on Hypnosis Evidence in Sex-Abuse Cases, 21 Conn. L. Trib., November 6, 1995, at 1. · Cheryl L. Karp, The Repressed Memory Controversy, 17 Fam. Advoc., Winter 1995, at 70. · Holly Metz, Fact or Fantasy? the Debate Over ‘Repressed Memory Syndrome’ Enters the Courtroom, 24 Student Law., December 1995, at 20. · Cynthia Grant Bowman & Elizabeth Mertz, What Should Courts do About Memories of Sexual Abuse? Toward a Balanced Approach, 35 Judges’ J., Fall 1996, at 7. · Jacqueline Kanovitz, Hypnotic Memories and Civil Sexual Abuse Trials, 45 Vand. L. Rev. 1185 (1992).
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COMPILER: |
· Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Branch, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343-6561. Email
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Connecticut Judicial Branch Law Libraries