For a Juvenile Court to sustain (continue) a DCF order of temporary custody (OTC), it must find that DCF proved, by a fair preponderance of the evidence, that a minor child would be subjected to immediate physical danger, if returned to the custody of a parent.

DCF Order of Temporary Custody Lawyer

A recent case illustrates this process.  On Aug. 21, 2016, the mother gave birth to a boy named Jesiah.  At the time, the mother did not have custody of her other children based on injuries to an infant allegedly caused by the father.

DCF conducted a safety assessment of Jesiah before he was released from the hospital.  DCF believed that he would not be safe, if allowed to be in the mother’s custody.  Based on this DCF applied for an OTC which the judge granted “ex parte” (without a hearing).

The mother wanted her child returned home immediately so she requested a trial on the OTC.  The law provides that a parent is entitled to an expedited trial within 10 days.

At trial, DCF argued that the minor child would be in immediate physical danger, if allowed to be in the mother’s custody, because the mother tolerated domestic violence and did not protect her children. The judge found that the mother had suitable housing and was able to leave a shelter.  Witnesses testified testified that the mother consistently visited her children and that there were no concerns about parenting skills.  There was no evidence that the mother had a criminal record or a substance abuse issue. Most importantly, she did not intend to resume contact with the father – the perpetrator violence.

The judge ruled in the mother’s favor.  DCF failed to prove, by a fair preponderance of the evidence, that Jesiah was in immediate physical danger, if allowed to be in the mother’s custody. The OTC was vacated and the child was returned to the mother’s custody.

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 been served with a DCF Order of Temporary Custody.

Source: In re Jesiah | Connecticut Law Tribune

 

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