As of January 1,2017, the Juvenile Probation Department is required to conduct a Juvenile Detention Risk Assessment of all detained juveniles. The Assessment will be used by Juvenile Court judges to determine whether or not a child should be released pending resolution of their delinquency charges. The purpose is to measure a child’s risk to public safety and to encourage the release of more youth.
The following are the Detention Risk Screen Items:
- Are there any prior judicially handled matters?
- Are there any prior delinquency commitment dispositions?
- Are there any prior felony adjudications?
- Are there two or more prior supervision or probation dispositions?
- Is the child currently on probation?
- Are there two or more prior school based arrests?
- Are there any prior charges involving a Violation of Court Orders?
- Are there any prior charges of Violation of Probation?
- Does the instant offense include two or more charges?
- Does the instant offense include felony charges?
Each “yes” response equates to a one point. The number of “points” is supposed to correlate to the child’s level of risk to the community.
- Level 1 = 0 – 2 points
- Level 2 = 3 -5 points
- Level 3 = 6 – 10 points
This is obviously a new process but here’s the likely result based on a child’s “Level”. Level 1 is typically a release. Level 2 will require some context of the Detention Risk Assessment responses and strong persuasion that the child should be released, Level 3 is a likely remand to Juvenile Detention.
Contact me by email or call me in Fairfield at (203) 259-5251 or in Stamford at (203) 356-1475 if you have questions about Connecticut Juvenile Court.
An Application for Relief from Abuse is commonly referred to as a Restraining Order. The purpose is to protect the Applicant. It is filed in the closest Connecticut Family where either the Applicant or Respondent lives. It should not be confused with a Protective Order which is issued in the Criminal Court after an arrest.
Application for Relief from Abuse Lawyer – Fairfield and Stamford
Here is a summary of the Application for Relief from Abuse process:
The Respondent (Defendant) must be a spouse, romantic partner, or family member. If you need protection from someone such as neighbor, co-worker or other individual you must file a different document called a Civil Order of Protection.
You must prove to a judge that you are the victim of continuous threats of physical pain and/or stalking or threatening. An Affidavit for Relief from Abuse must be attached to the Application. The Affidavit must be specific enough to show that you need protection. More detail is better than less. However, do not exaggerate or make allegations that you cannot prove in court otherwise you will lose credibility with the judge.
If you share a child with the Respondent, you can request orders concerning custody and visitation.
A judge can grant the Restraining Order the day you file if the allegations are serious enough. Therefore, the Affidavit must be strong enough to show that you need immediate protection. This is called Ex Parte Relief. It gives you a Temporary Restraining Order until the court hearing.
Whether or not there is Ex Parte Relief, a court hearing must be scheduled within fourteen days. The Respondent must be served with the documents by a State Marshal for the judge to hear the case.
Usually, the judge orders Family Relations to meet with the Applicant and Respondent separately to see if the case can be resolved. If not, then both parties will appear before a judge for a hearing. Each party is allowed to testify, bring other witnesses and offer evidence to support their position. If a hearing is likely, an attorney should be consulted.
Contact me by email or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about an Application for Relief from Abuse.
A Connecticut Child Support Modification is possible when there has been a change in circumstances impacting a parent’s ability to pay the current child support order.
Child Support Modification Lawyer – Fairfield and Stamford
Some examples include total loss of job or a substantial decrease in income. A recent case shows how the process works. Here is a summary:
At the time of the divorce, the father earned about $1,683 gross per week, and the mother earned about $743 gross per week. The divorce court ordered the father to pay alimony of $225 per week and child support of $179 per week. aftr the divorce, the father suffered a heart attack and became disabled, and he moved to modify support payments.
At the hearing on the child support modification, the judge found that the father received unemployment compensation of $590 gross per week and was not paying all of his alimony and child support. The court found that the father was likely to apply for and to obtain disability benefits.
The mother’s income decreased to $471 weekly because she was finishing college. As a result of the father not paying alimony and child support, the mother was unable to pay rent. She claimed that she was unable to pay her bills and was being evicted.
The court reduced child support from $179 to $122 per week. The court also ordered the father to pay $20 per week on the child support arrearage.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about a Child Support Modification.
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
The state Office of the Child Advocate has begun an investigation into the death of 14-year-old Michael Shore, who was struck and killed by passing vehicles after he got out of a car driven by his foster mother on Route 8 in Naugatuck Dec. 22.
He is the third foster-care child to die in December.
Michael was a ward of the Department of Children and Families and was living in a therapeutic foster home — where the foster parents have received training to offer a higher level of care, the advocate’s office said. Michael had been diagnosed with an autism spectrum disorder, a state source said.
The preliminary information is that the boy may have been angry or upset and got out of the car and walked or ran off, Assistant Child Advocate Faith Vos Winkel said Thursday.
In addition to Michael, DCF ward Michael Citron, 13 months old, was found unresponsive in a Bridgeport home and pronounced dead at a hospital on Dec 3. The medical examiner has not yet released a cause of death in the Citron case. Bridgeport police are investigating.
On Christmas morning, Noah McCoy, 6, was ejected from a pickup truck during a crash on I-91 in North Haven. Noah was not wearing a seat belt, police said. He died from his injuries, the state police said Thursday morning.
The child advocate’s office is reviewing all three cases.
Michael Shore was on the highway when he was struck by a northbound van and then by a second vehicle, a Jeep SUV, state police said. A source said he may have been crossing Route 8 when he was hit.
DCF spokesman Josh Howroyd said the agency was still pulling together facts as of Thursday. He concurred with the child advocate’s understanding of the incident.
Michael Shore’s foster parents were recruited, screened and licensed by a private child-placement agency that works under contract with DCF, Howroyd said.
The boy’s biological father is Michael J. Shore of Plainville, who was charged in May with sexually assaulting two teenage girls more than 100 times.
The elder Shore, 39, of Kent Street, was charged with 102 counts of second-degree sexual assault, two counts of fourth-degree sexual assault and three counts of risk of injury to a minor, police said. He posted $200,000 bail.
Shore, a truck driver, is accused of sexually assaulting two girls close to his family from 2013 to 2015, according to police Lt. Nicholas Mullins.
Investigators have no evidence that anyone else was sexually assaulted, he said.
It could not be immediately determined when Michael entered DCF care.
Fos Winkel said the advocate’s office will submit reports on all three foster-care deaths to the state Child Fatality Review Panel, which may order a deeper investigation into any aspects of the cases that reflect on the child-protection system in the state.
The medical examiner’s office said Michael died of “blunt impact to the head and torso, with fractures and visceral injuries.” The death was classified as accidental.
Michael was born in New Britain on April 8, 2002. He is survived by his biological mother, stepfather, the elder Shore, and several siblings and stepsiblings.
Trooper Kelly Grant said the incident remains under investigation. No charges have been filed. Grant urged witnesses to call Troop I in Bethany at (203) 393-4200.
The state Office of the Child Advocate has begun an investigation into the death of 14-year-old Michael Shore, who was struck and killed by passing vehicles after he got out of a car driven by his foster mother on Route 8 in Naugatuck Dec. 22.
Source: Teen Killed On Route 8 Was DCF Ward; 3rd Foster Child To Die in December – Hartford Courant
An auto accident involving cellphone use has been settled.
Here is a summary: A Connecticut couple was severely injured when their car was struck from behind by a distracted driver. The case settled for $1.3 million. Naturally, the litigants had different versions about how significantly one driver’s cellphone figured in the crash.
At a deposition the defendant admitted that he was at fault for the accident. While driving he looked down to when his cellphone rang. By the time he looked back up he rear ended the Plaintiff’s car.
The wife, who is 62, went into a nursing home after the incident. She tore knee ligaments and had to get a knee replacement instead of simply repairing the torn ligaments. In addition, she is suffering from PTSD [post-traumatic stress disorder] which forced her to quit her job as a hairdresser in November 2015.
The husband, who is 67, broke his arm. He suffers from low back pain and will need a back fusion. He missed extensive time from work and ultimately laid off after his Family and Medical Leave Act time ran out.
Source: Auto Accident Involving Cellphone Yields $1.3M Settlement | Connecticut Law Tribune
Please email me or call (203) 259-5251 if you or someone you care about has questions about an auto accident involving cellphone use in Connecticut.