When DCF files an Order of Temporary Custody or Neglect Petition in Connecticut Juvenile Court, they are required to serve all the necessary parties. This ordinarily just means parents and/or guardians of the children.
If a relative or another interested third party wishes to participate in the case, they must file a Motion to Intervene in Juvenile Court and request to be a made a party.
Here are some reasons to intervene:
- Establish visitation rights
- Seek temporary custody or guardianship of the child
- Request that the child be placed in their foster home
There are different standards depending on the timing of the motion and the prospective intervenor’s relationship to the child.
Some factors the judge will consider are:
- Whether the proposed intervenor has a direct and immediate interest in the case
- Whether their interest is adequately represented by existing parties
- The potential delay or prejudice in adding additional parties
- The necessity or value of the intervention in terms of resolving the controversy or issue before the Court
- The child’s best interests.
A few points:
Unlike parents or guardians, a proposed intervenor is not entitled to a court appointed attorney.
A judge may allow intervention for only a limited purpose rather than allowing full party status.
A party’s intervenor status may be terminated at any time if such person’s intervenor status is no longer warranted or justified.
As a practical matter, a Motion to Intervene is most useful when DCF and the proposed intervenor cannot agree on what is in the child’s best interest.
I represent clients in Juvenile Court throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 if you have questions about a Motion to Intervene in Juvenile Court.