There are eight grounds to terminate parental rights in Connecticut Probate Court. In my experience, the most common is abandonment.
By definition, abandonment occurs when a parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of their child. They key word is “maintain” since the parent must show interest on a continuing basis. Sporadic interest is not enough.
Here are some examples of abandonment:
- Lack of visitation and phone calls
- Does not send cards or gifts especially on holidays or birthdays
- Does not inquire of the other parent how their child is doing educationally, socially and medically
- Does not request access to educational or medical records
- Fails to pay child support or otherwise contribute financially
A valid defense to an abandonment claim is that the custodial parent prevented the non-custodial parent from having a relationship with the child. Therefore, a termination of parental rights on the grounds of abandonment may pose a significant legal issue when one parent has alienated the other parent from the child.
Even if abandonment is established, the Probate Court or Juvenile Court must also make a separate finding that the termination of parental rights is in the best interest of the child. For example, a termination of parental rights may not be in the best interest of an older child who does not wish to be adopted. In addition, some judges prefer that there is a reasonable “plan” for the support and care of the child if the rights are terminated such as stepparent adoption.
I represent families throughout Fairfield County including Darien, Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 for an evaluation of your Termination of Parental Rights case.
Appealing Connecticut DCF Central Registry is critical if you plan on working in any capacity with children. This include obvious occupations like teachers, pediatricians, school counselors but also employment as a school bus driver or even a coach. At the conclusion of the Investigation, DCF will “snail mail” the “Notice of Investigation Results.” Therefore, an accused should appeal any recommendation for placement on the Central Registry.
Appealing Connecticut DCF Central Registry
Appealing Connecticut DCF Central Registry involves the following steps:
1. Request an Internal Review. You must make this request in writing within 30 days of receiving the Notice of Investigation Results.
DCF has 30 days to conduct the Internal Review. This process involves another look at your case, by the DCF Legal Unit and/or Social Work Supervisor. During the Internal Review, you should consider sending documents to DCF that support a reversal. You may also request a conference with DCF to clarify matters or put things in context.
2. Request an Administrative Hearing. If DCF does not reverse their findings after the Internal Review, then within 30 days, you must request a Hearing.
3. The Administrative Hearing. DCF must prove at the hearing that the alleged perpetrator “poses a risk to the health, safety or well-being of children.” In my experience, a Hearing Officer strongly considers the intent of the perpetrator, the severity of the impact on the victim and the chronicity of the perpetrator’s conduct.
During the hearing, you are permitted to cross-examine DCF witnesses, call your own witnesses, testify on your behalf and offer relevant exhibits.
A written decision will be sent by the Hearing Officer within 30 days.
Be careful – DCF Central Registry appeals are time sensitive. Missing a deadline or not following procedure is fatal and you will not get a second chance to appeal the DCF Substantiation finding and/or their Registry recommendation.
I represent clients in DCF related matters through out Connecticut.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation concerning appealing Connecticut DCF Central Registry placement.
DCF cases in Bridgeport Juvenile Court may be limited to the filing of a Neglect Petition. But when there are immediate safety concerns DCF will also apply for an Order of Temporary Custody.
Orders of Temporary Custody
A Juvenile Court judge will issue an Order of Temporary Custody (OTC) when a child needs immediate protection. If this happens, the parents will be served with a copy of the OTC and a Summons to appear in Bridgeport Juvenile Court – usually on a Friday. At that court appearance, a conference will be held to discuss a potential resolution of the temporary custody. If the case cannot be resolved, the parents have a right to challenge the OTC at a hearing within 10 days. The hearing usually takes place at the Child Protection Session in Middletown.
Neglect Petitions
If there is no OTC, the parents will appear on either a Tuesday or Thursday to be advised of their legal rights. The case will then be assigned a date for a Case Status Conference – usually a Monday or Wednesday – to discuss outcomes.
Possible Outcomes
Dismissal or withdrawal. When DCF cannot prove at least one of the allegations, the Neglect Petition will eventually be either withdrawn by DCF or dismissed by a judge.
If DCF can prove one or more of their claims, then one of the following will occur:
Protective Supervision. The child lives with one or both of the parents and DCF has court-imposed oversight for a specified period of time – usually 6 months. The parents are provided with Specific Steps, which set forth what is expected of them to retain custody and ultimately have the case end.
Commitment. DCF becomes the child’s legal guardian. The child is placed in foster care, a group home or residential facility.
Transfer of guardianship. A third party such as a relative becomes the child’s legal guardian. The judge must make a finding that the proposed guardian is suitable and worthy to assume the role of guardian.
If the no agreement is reached at the Case Status Conference, a parent always has the right to contest the allegations in the Neglect Petition at a trial.
Please email me or call (203) 259-5251 if you wish more information regarding DCF cases in Bridgeport Juvenile Court.
Connecticut DCF Investigations of Neglect can be unsettling. Usually an Investigation starts when mandated reporters such as teachers, guidance counselors, school social workers and therapists call the DCF Hotline. All they need is “reasonable suspicion” to contact DCF.
There are five categories of Neglect:
1. Physical Neglect – is the failure to provide and maintain adequate food, clothing, supervision and safety for a child. In my experience, this is the most common neglect allegation.
2. Medical Neglect – is the unreasonable delay, refusal or failure to seek, obtain and/or maintain those services necessary for medical, dental or mental health care.
3. Educational Neglect – occurs when the parent or guardian fails to register the child in school, fails to allow the child to attend school (or home school child) or fails to appropriate steps to ensure regular attendance at school.
4. Emotional Neglect – is the denial or proper care and attention, or failure to respond, to a child’s affective needs, which has an adverse impact on the child or seriously interferes with a child’s positive emotional development.
5. Moral Neglect – occurs when a parent or guardian or other individual entrusted to care for a minor encourages that child to engage in illegal activities such as using alcohol or drugs or stealing. In my experience, this is the least common type of Neglect Investigation but serious nonetheless.
Get an attorney involved at the beginning of any DCF Investigation to properly assess the issues and determine the best strategy.
Please contact me for more information regarding Connecticut DCF Investigations of Neglect.
If you are reading this, you probably were involved in a Fairfield, CT car accident. There are a lot of blogs about what to do at the scene. This post is about what to do once you are safe at home.
1. Call your insurance company. In fact, you are obligated to do so. Give them the details about the accident and get them a police report as soon as it’s available. Go over your coverage to make arrangements to get your car repaired and your medical bills paid.
2. Get medical treatment. This seems obvious. But it’s important to get prompt and consistent medical treatment. Delays and gaps in treatment allow insurance adjusters to argue that car accident injuries are not serious. And make sure to get a specialist if necessary. Opinions from primary physicians are discounted.
3. Be quiet. Do not give a statement to the other insurance company and be careful about discussing the accident after the fact with the police or witnesses. Have your lawyer do that.
4. Watch out for low-ball settlement offers. Adjusters want to settle cases early. Badly. And once you sign a release, you waive any and all future claims. If you are still receiving medical treatment, you should not agree to any settlement offers. I realize it might be tempting to grab the money now. But it is usually worth retaining an attorney to fully assess what the case is really worth. Don’t let an adjuster tell you otherwise – they work for the company not for you.
If you would like some additional legal guidance concerning a Fairfield, CT car accident please email me or call (203) 259-5251.
I get a few calls per month about modifying Connecticut alimony when unemployed. The leading reason for modifying alimony post-divorce in Connecticut is a decrease in income – either less earnings or outright unemployment. These motions are filed regularly in the Bridgeport and Stamford Court.
There are two aspects to a Modification of Alimony.
Like all modifications, the judge must first find that there has been a “substantial change in circumstances.” If you were working then and you are not now then this standard is usually met. This is the easier part.
The far more difficult part is what the new order should be. In cases involving unemployment, underemployment or a reduction in income judges will consider the following:
- Age
- Health
- Prior earnings – earning capacity
- Training, education and work experience
- Whether the reduction in income or job was voluntary or involuntary
These factors are about the paying spouse. They determine the likelihood of obtaining employment and at what income level.
The judge will also consider the circumstances of the spouse receiving alimony. For example:
- Income
- Assets
- Debts
- Health
- Age
These factors dictate the extent to which there is a continued need for spousal support and if so at what amount.
After considering all of these factors, the judge has a lot of discretion in making the ultimate decision. Possible outcomes include:
- Keeping the order the same
- Reducing the alimony
- Terminating the alimony
- Suspending the alimony
Sometimes former spouses are amicable enough to resolve these issues. If so, a lawyer may not be necessary. In cases that require extensive litigation, representation should be considered.
Please (203) 259-5251 contact me if you have questions on modifying alimony in Connecticut when unemployed.