Connecticut General Statutes § 52-466(f) permits a foster parent to make application for a writ of habeas corpus regarding the custody of a child currently or recently in his/her care for a continuous period of not less than ninety days.
The purpose of a foster parent filing a writ of habeas corpus is to prevent a child from being removed from the foster parent’s care – essentially requesting an injunction pending further judicial review of the child’s custody.
A recent case limited the foster parent’s right to use a writ habeas corpus to 1) only those cases where parental rights have been terminated and 2) where there are no other court proceedings pending involving the child.
The case opinion is here:
K09CP11012765 – Traci H. et al. v. DCF – CT Superior Court
Foster parents do have some rights in court. These include C.G.S.§ 46-129(o) allowing foster parents to be heard concerning the best interest of a foster child and Practice Book § 35a-5 mandating that DCF provide notice to foster parents of any court proceeding. In other very fact specific cases foster parents may also request to be made a party to the case through a Motion to Intervene.
Foster parents also are entitled to an Administrative Hearing when DCF seeks to remove a foster child that has been in the foster parent’s care for at least one year.