When DCF files a Neglect Petition in Juvenile Court they can also request an Order of Temporary Custody (OTC). Here is a snapshot of the OTC process:

1. Ex parte. DCF presents a judge with Affidavits from social workers, pediatricians and others who have information as to why the OTC should be granted. The parents do not have an opportunity to present any evidence of their own at this stage. The judge will review the affidavits and decide whether an OTC is necessary. If the judge signs the OTC, the parents/guardians will be served with the OTC, Affidavits, Neglect Petition and Summons to appear in Court for a preliminary hearing.

2. Preliminary hearing. At this court appearance, there will be a conference to discuss whether there is an agreement to sustain or vacate the OTC. If there is no agreement, the parents will be advised of their right to contest the OTC at an evidentiary hearing within 10 days. This is an extremely important decision. Sometimes it makes sense to waive the 10-day hearing – like when a criminal case or investigation is pending. However, many other times the best strategy is to contest the continuation of OTC at the 10-day hearing.

3. The 10-day hearing. DCF presents evidence from documents and testimony from witnesses to try to establish that the child is in imminent risk of physical harm from their surroundings. The parents have a chance to cross-examine these witnesses and present their own witnesses to convince the judge that the child should be returned to their care.

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