When DCF files a Neglect Petition in Connecticut Juvenile Court they can also request an Order of Temporary Custody (OTC). They will usually do this after they have executed a 96 hour hold because they believe that the child is in serious danger and therefore the child should be immediately removed for their parents.
Here are the different stages 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 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 Order of Temporary Custody, Affidavits, Neglect Petition and Summons to appear in Court for a preliminary hearing.
2. Preliminary hearing. 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 (trial) 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, other times the best strategy is to contest the continuation of the OTC and have a trial on the issue.
3. The 10-day hearing. At the OTC trial, DCF presents documents and testimony 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 custody. The judge will usually issue a decision from the bench.
I represent families 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 an OTC in Connecticut.