I get calls from time to time about foster parent appeals. The first question is usually: Do foster parents in Connecticut have any recourse when a child in removed by DCF?
The answer is yes – but keep reading…….
Except in the case of an emergency, DCF is required to notify a foster parent, in writing, at least 14 days before they intend to remove a foster child.
If the foster parent disagrees, they may request an Administrative Hearing before a Hearing Officer if:
1. The child has been placed with the foster family continuously for at least one year; or
2. The child has lived with the foster family for a total of two years during different periods of placement.
However, there are exceptions.
When the child is removed for placement in a pre-adoptive home or to effectuate a placement ordered by the Juvenile Court (such as transfer of guardianship to a relative or return to a biological parent) then there is no right to a removal hearing.
Removal hearings are, by their nature, time sensitive. Accordingly, a foster parent who is otherwise entitled to a removal hearing must make the hearing request within ten days of the date they received written notice from DCF.
At the hearing, DCF has the burden to prove that their decision to remove the child is in the child’s best interest.
As with most DCF Administrative Hearings, it is crucial to present your case effectively – further appeals are rarely successful.
Contact me by email or by calling my Fairfield office at (203) 259-5251 or in Stamford at (203) 356-1475 for further information concerning foster parent appeals in Connecticut.