Connecticut has made improvements to granting foster parents additional opportunities to advocate for the best interest of their foster child.

The link below sets forth some general information to assist a foster parent when a child they are caring for has a case pending in Juvenile Court.

http://www.jud.state.ct.us/Publications/JM157.pdf

In addition, there are other measures a foster parent can attempt in Juvenile Court. However, they are unique to the circumstances of the foster child’s case.

One is a Motion to Intervene. If granted, the foster parent is considered a party and may participate directly in the case. This right includes filing motions and calling witnesses at trial or other contested hearings.

Another option (VERY fact driven) is to file a writ of habeas corpus if DCF plans to change the child’s placement immediately. The purpose of this writ is to obtain an interim court order to prevent DCF from removing a foster child from a foster parent’s care. It is essentially an injunction.

If DCF plans to remove a foster child, but not immediately, then a foster parent may request a removal hearing. To have standing to request such a hearing, the foster child must have lived with the foster parent for at least a year. This is a DCF administrative hearing and not a Juvenile Court procedure.

A final thought. Do not rely on the DCF social worker for legal advice. They may or may not provide you with accurate information. And this may or may not be intentional.

Please contact me if you have questions about foster parent rights in Connecticut Juvenile Court.

 

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