Conn. Gen. Stat. § 46b-129

Current with legislation from the 2023 Regular and Special Sessions.

Section 46b-129 - (Formerly Sec. 51-310). Commitment of child or youth. Petition for neglected, uncared for or abused child or youth. Hearing re temporary custody, order to appear or petition. Review of permanency plan. Cost of care and maintenance of child or youth; reimbursement. Revocation of commitment. Legal guardianships and permanent legal guardianships. Applicability of provisions re placement of child from another state and Interstate Compact on the Placement of Children

(a) Any selectman, town manager, or town, city or borough welfare department, any probation officer, or the Commissioner of Social Services, the Commissioner of Children and Families or any child-caring institution or agency approved by the Commissioner of Children and Families, a child or such child's representative or attorney or a foster parent of a child, having information that a child or youth is neglected, uncared for or abused may file with the Superior Court that has venue over such matter a verified petition plainly stating such facts as bring the child or youth within the jurisdiction of the court as neglected, uncared for or abused within the meaning of section 46b-120, the name, date of birth, sex and residence of the child or youth, the name and residence of such child's parents or guardian, and praying for appropriate action by the court in conformity with the provisions of this chapter. Upon the filing of such a petition, except as otherwise provided in subsection (k) of section 17a-112, the court shall cause a summons to be issued requiring the parent or parents or the guardian of the child or youth to appear in court at the time and place named, which summons shall be served not less than fourteen days before the date of the hearing in the manner prescribed by section 46b-128, and the court shall further give notice to the petitioner and to the Commissioner of Children and Families of the time and place when the petition is to be heard not less than fourteen days prior to the hearing in question.

(b) If it appears from the specific allegations of the petition and other verified affirmations of fact accompanying the petition and application, or subsequent thereto, that there is reasonable cause to believe that (1) the child or youth is suffering from serious physical illness or serious physical injury or is in immediate physical danger from the child's or youth's surroundings, and (2) as a result of said conditions, the child's or youth's safety is endangered and immediate removal from such surroundings is necessary to ensure the child's or youth's safety, the court shall either (A) issue an order to the parents or other person having responsibility for the care of the child or youth to appear at such time as the court may designate to determine whether the court should vest the child's or youth's temporary care and custody in a person related to the child or youth by blood or marriage or in some other person or suitable agency pending disposition of the petition, or (B) issue an order ex parte vesting the child's or youth's temporary care and custody in a person related to the child or youth by blood or marriage or in some other person or suitable agency. A preliminary hearing on any ex parte custody order or order to appear issued by the court shall be held not later than ten days after the issuance of such order. The service of such orders may be made by any officer authorized by law to serve process, or by any probation officer appointed in accordance with section 46b-123, investigator from the Department of Administrative Services, state or local police officer or indifferent person. Such orders shall include a conspicuous notice to the respondent written in clear and simple language containing at least the following information:

(i) That the order contains allegations that conditions in the home have endangered the safety and welfare of the child or youth;

(ii) that a hearing will be held on the date on the form;

(iii) that the hearing is the opportunity to present the parents' position concerning the alleged facts;

(iv) that an attorney will be appointed for parents who cannot afford an attorney;

(v) that such parents may apply for a court-appointed attorney by going in person to the court address on the form and are advised to go as soon as possible in order for the attorney to prepare for the hearing;

(vi) that such parents, or a person having responsibility for the care and custody of the child or youth, may request the Commissioner of Children and Families to investigate placing the child or youth with a person related to the child or youth by blood or marriage who might serve as a licensed foster parent or temporary custodian for such child or youth. The commissioner shall investigate any relative or relatives proposed to serve as a licensed foster parent or temporary custodian for such child or youth prior to the preliminary hearing and provide a preliminary report to the court at such hearing as to such relative's or relatives' suitability and any potential barriers to licensing such relative or relatives as a foster parent or parents or granting temporary custody of such child or youth to such relative or relatives; and

(vii) that if such parents have any questions concerning the case or appointment of counsel, any such parent is advised to go to the court or call the clerk's office at the court as soon as possible. Upon application for appointed counsel, the court shall promptly determine eligibility and, if the respondent is eligible, promptly appoint counsel. The expense for any temporary care and custody shall be paid by the town in which such child or youth is at the time residing, and such town shall be reimbursed for such expense by the town found liable for the child's or youth's support, except that where a state agency has filed a petition pursuant to the provisions of subsection (a) of this section, the agency shall pay such expense. The agency shall give primary consideration to placing the child or youth in the town where such child or youth resides. The agency shall file in writing with the clerk of the court the reasons for placing the child or youth in a particular placement outside the town where the child or youth resides. Upon issuance of an ex parte order, the court shall provide to the commissioner and the parent or guardian specific steps necessary for each to take to address the ex parte order for the parent or guardian to retain or regain custody of the child or youth. Upon the issuance of such order, or not later than sixty days after the issuance of such order, the court shall make a determination whether the Department of Children and Families made reasonable efforts to keep the child or youth with his or her parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible, taking into consideration the child's or youth's best interests, including the child's or youth's health and safety. Any person or agency in which the temporary care and custody of a child or youth is vested under this section shall have the following rights and duties regarding the child or youth:

(I) The obligation of care and control;

(II) the authority to make decisions regarding emergency medical, psychological, psychiatric or surgical treatment; and

(III) such other rights and duties that the court having jurisdiction may order.

(c) The preliminary hearing on the order of temporary custody or order to appear or the first hearing on a petition filed pursuant to subsection (a) of this section shall be held in order for the court to:

(1) Advise the parent or guardian of the allegations contained in all petitions and applications that are the subject of the hearing and the parent's or guardian's right to counsel pursuant to subsection (b) of section 46b-135;

(2) Ensure that an attorney, and where appropriate, a separate guardian ad litem has been appointed to represent the child or youth in accordance with subsection (b) of section 51-296a and sections 46b-129a and 46b-136;

(3) Upon request, appoint an attorney to represent the respondent when the respondent is unable to afford representation, in accordance with subsection (b) of section 51-296a;

(4) Advise the parent or guardian of the right to a hearing on the petitions and applications, to be held not later than ten days after the date of the preliminary hearing if the hearing is pursuant to an order of temporary custody or an order to show cause;

(5) Accept a plea regarding the truth of the allegations;

(6) Make any interim orders, including visitation orders, that the court determines are in the best interests of the child or youth. The court, after a hearing pursuant to this subsection, shall order specific steps the commissioner and the parent or guardian shall take for the parent or guardian to regain or to retain custody of the child or youth;

(7) Take steps to determine the identity of the alleged genetic parent of the child or youth, including, if necessary, inquiring of the birth parent of the child or youth, under oath, as to the identity and address of any person who might be the genetic parent of the child or youth and ordering genetic testing, and order service of the petition and notice of the hearing date, if any, to be made upon such alleged genetic parent;

(8) If the person named as the alleged genetic parent appears and admits that such person is the genetic parent, provide such person and the birth parent with the notices that comply with section 17b-27 , and provide them with the opportunity to sign an acknowledgment of parentage on forms that comply with section 17b-27. Such documents shall be executed and filed in accordance with chapter 815y and a copy delivered to the clerk of the superior court for juvenile matters. The clerk of the superior court for juvenile matters shall send the original acknowledgment of parentage to the Department of Public Health for filing in the parentage registry maintained under section 19a-42a, , and shall maintain a copy of the acknowledgment of parentage in the court file;

(9) If the person named as an alleged genetic parent appears and denies that such person is the genetic parent of the child or youth, order genetic testing to determine parentage in accordance with the Connecticut Parentage Act. The clerk of the court shall send a certified copy of any judgment adjudicating parentage to the Department of Public Health for filing in the parentage registry maintained under section 19a-42a. If the results of the genetic tests indicate that the person named as the alleged genetic parent is not the genetic parent of the child or youth, the court shall enter a judgment that such person is not the genetic parent and the court shall remove such person from the case and afford such person no further standing in the case or in any subsequent proceeding regarding the child or youth;

(10) Identify any person or persons related to the child or youth by blood, marriage or law residing in this state who might serve as licensed foster parents or temporary custodians and order the Commissioner of Children and Families to investigate and report to the court, not later than thirty days after the preliminary hearing, the appropriateness of placing the child or youth with such relative or relatives; and

(11) In accordance with the provisions of the Interstate Compact on the Placement of Children pursuant to section 17a-175, identify any person or persons related to the child or youth by blood, marriage or law residing out of state who might serve as licensed foster parents or temporary custodians, and order the Commissioner of Children and Families to investigate and determine, within a reasonable time, the appropriateness of placing the child or youth with such relative or relatives.

(d)

(1)

(A) If not later than thirty days after the preliminary hearing, or within a reasonable time when a relative resides out of state, the Commissioner of Children and Families determines that there is not a suitable person related to the child or youth by blood or marriage who can be licensed as a foster parent or serve as a temporary custodian, and the court has not granted temporary custody to a person related to the child or youth by blood or marriage, any person related to the child or youth by blood or marriage may file, not later than ninety days after the date of the preliminary hearing, a motion to intervene for the limited purpose of moving for temporary custody of such child or youth. If a motion to intervene is timely filed, the court shall grant such motion except for good cause shown.

(B) Any person related to a child or youth may file a motion to intervene for purposes of seeking temporary custody of a child or youth more than ninety days after the date of the preliminary hearing. The granting of such motion shall be solely in the court's discretion, except that such motion shall be granted absent good cause shown whenever the child's or youth's most recent placement has been disrupted or is about to be disrupted.

(C) A relative shall appear in person, with or without counsel, and shall not be entitled to court appointed counsel or the assignment of counsel by the office of Chief Public Defender, except as provided in section 46b-136.

(2) Upon the granting of intervenor status to such relative of the child or youth, the court shall issue an order directing the Commissioner of Children and Families to conduct an assessment of such relative and to file a written report with the court not later than forty days after such order, unless such relative resides out of state, in which case the assessment shall be ordered and requested in accordance with the provisions of the Interstate Compact on the Placement of Children, pursuant to section 17a-175. The court may also request such relative to release such relative's medical records, including any psychiatric or psychological records and may order such relative to submit to a physical or mental examination. The expenses incurred for such physical or mental examination shall be paid as costs of commitment are paid. Upon receipt of the assessment, the court shall schedule a hearing on such relative's motion for temporary custody not later than fifteen days after the receipt of the assessment. If the Commissioner of Children and Families, the child's or youth's attorney or guardian ad litem, or the parent or guardian objects to the vesting of temporary custody in such relative, the agency or person objecting at such hearing shall be required to prove by a fair preponderance of the evidence that granting temporary custody of the child or youth to such relative would not be in the best interests of such child or youth.

(3) If the court grants such relative temporary custody during the period of such temporary custody, such relative shall be subject to orders of the court, including, but not limited to, providing for the care and supervision of such child or youth and cooperating with the Commissioner of Children and Families in the implementation of treatment and permanency plans and services for such child or youth. The court may, on motion of any party or the court's own motion, after notice and a hearing, terminate such relative's intervenor status if such relative's participation in the case is no longer warranted or necessary.

(4) Any person related to a child or youth may file a motion to intervene for purposes of seeking guardianship of a child or youth more than ninety days after the date of the preliminary hearing. The granting of such motion to intervene shall be solely in the court's discretion, except that such motion shall be granted absent good cause shown whenever the child's or youth's most recent placement has been disrupted or is about to be disrupted. The court may, in the court's discretion, order the Commissioner of Children and Families to conduct an assessment of such relative granted intervenor status pursuant to this subdivision.

(5) Any relative granted intervenor status pursuant to this subsection shall not be entitled to court-appointed counsel or representation by Division of Public Defender Services assigned counsel, except as provided in section 46b-136.

(e) If any parent or guardian fails, after service of such order, to appear at the preliminary hearing, the court may enter or sustain an order of temporary custody.

(f) Upon request, or upon its own motion, the court shall schedule a hearing on the order for temporary custody or the order to appear to be held not later than ten days after the date of the preliminary hearing. Such hearing shall be held on consecutive days except for compelling circumstances or at the request of the parent or guardian.

(g) At a contested hearing on the order for temporary custody or order to appear, credible hearsay evidence regarding statements of the child or youth made to a mandated reporter or to a parent may be offered by the parties and admitted by the court upon a finding that the statement is reliable and trustworthy and that admission of such statement is reasonably necessary. A signed statement executed by a mandated reporter under oath may be admitted by the court without the need for the mandated reporter to appear and testify unless called by a respondent or the child, provided the statement:

(1) Was provided at the preliminary hearing and promptly upon request to any counsel appearing after the preliminary hearing;

(2) reasonably describes the qualifications of the reporter and the nature of his contact with the child; and

(3) contains only the direct observations of the reporter, and statements made to the reporter that would be admissible if the reporter were to testify to them in court and any opinions reasonably based thereupon. If a respondent or the child gives notice at the preliminary hearing that he intends to cross-examine the reporter, the person filing the petition shall make the reporter available for such examination at the contested hearing.

(h) If any parent or guardian fails, after due notice of the hearing scheduled pursuant to subsection (g) of this section and without good cause, to appear at the scheduled date for a contested hearing on the order of temporary custody or order to appear, the court may enter or sustain an order of temporary custody.

(i) When a petition is filed in said court for the commitment of a child or youth, the Commissioner of Children and Families shall make a thorough investigation of the case and shall cause to be made a thorough physical and mental examination of the child or youth if requested by the court. The court after hearing may also order a thorough physical or mental examination, or both, of a parent or guardian whose competency or ability to care for a child or youth before the court is at issue. The expenses incurred in making such physical and mental examinations shall be paid as costs of commitment are paid.

(j)

(1) For the purposes of this subsection and subsection (k) of this section, (A) "permanent legal guardianship" means a permanent guardianship, as defined in section 45a-604, and (B) "caregiver" means

(i) a fictive kin caregiver, as defined in section 17a-114, who is caring for a child,

(ii) a relative caregiver, as defined in section 17a-126, who is caring for a child, or

(iii) a person who is licensed or approved to provide foster care pursuant to section 17a-114, who is caring for a child.

(2) Upon finding and adjudging that any child or youth is uncared for, neglected or abused the court may (A) commit such child or youth to the Commissioner of Children and Families, and such commitment shall remain in effect until further order of the court, except that such commitment may be revoked or parental rights terminated at any time by the court; (B) vest such child's or youth's legal guardianship in any private or public agency that is permitted by law to care for neglected, uncared for or abused children or youths or with any other person or persons found to be suitable and worthy of such responsibility by the court, including, but not limited to, any relative of such child or youth by blood or marriage; (C) vest such child's or youth's permanent legal guardianship in any person or persons found to be suitable and worthy of such responsibility by the court, including, but not limited to, any relative of such child or youth by blood or marriage in accordance with the requirements set forth in subdivision (5) of this subsection; or (D) place the child or youth in the custody of the parent or guardian with protective supervision by the Commissioner of Children and Families subject to conditions established by the court.

(3) If the court determines that the commitment should be revoked and the child's or youth's legal guardianship or permanent legal guardianship should vest in someone other than the respondent parent, parents or former guardian, or if parental rights are terminated at any time, there shall be a rebuttable presumption that an award of legal guardianship or permanent legal guardianship upon revocation to, or adoption upon termination of parental rights by, any caregiver or person or who is, pursuant to an order of the court, the temporary custodian of the child or youth at the time of the revocation or termination, shall be in the best interests of the child or youth and that such caregiver is a suitable and worthy person to assume legal guardianship or permanent legal guardianship upon revocation or to adopt such child or youth upon termination of parental rights. The presumption may be rebutted by a preponderance of the evidence that an award of legal guardianship or permanent legal guardianship to, or an adoption by, such caregiver would not be in the child's or youth's best interests and such caregiver is not a suitable and worthy person. The court shall order specific steps that the parent must take to facilitate the return of the child or youth to the custody of such parent.

(4) The commissioner shall be the guardian of such child or youth for the duration of the commitment, provided the child or youth has not reached the age of eighteen years, or until another guardian has been legally appointed, and in like manner, upon such vesting of the care of such child or youth, such other public or private agency or individual shall be the guardian of such child or youth until such child or youth has reached the age of eighteen years or, in the case of a child or youth in full-time attendance in a secondary school, a technical education and career school, a college or a state-accredited job training program, until such child or youth has reached the age of twenty-one years or until another guardian has been legally appointed. The commissioner may place any child or youth so committed to the commissioner in a suitable foster home or in the home of a fictive kin caregiver, relative caregiver, or in a licensed child-caring institution or in the care and custody of any accredited, licensed or approved child-caring agency, within or without the state, provided a child shall not be placed outside the state except for good cause and unless the parents or guardian of such child are notified in advance of such placement and given an opportunity to be heard, or in a receiving home maintained and operated by the commissioner. When placing such child or youth, the commissioner shall provide written notification of the placement, including the name, address and other relevant contact information relating to the placement, to any attorney or guardian ad litem appointed to represent the child or youth pursuant to subsection (c) of this section. The commissioner shall provide written notification to such attorney or guardian ad litem of any change in placement of such child or youth, including a hospitalization or respite placement, and if the child or youth absconds from care. The commissioner shall provide such written notification not later than ten business days prior to the date of change of placement in a nonemergency situation, or not later than two business days following the date of a change of placement in an emergency situation. In placing such child or youth, the commissioner shall, if possible, select a home, agency, institution or person of like religious faith to that of a parent of such child or youth, if such faith is known or may be ascertained by reasonable inquiry, provided such home conforms to the standards of the commissioner and the commissioner shall, when placing siblings, if possible, place such children together. At least ten days prior to transferring a child or youth to a second or subsequent placement, the commissioner shall give written notice to such child or youth and such child or youth's attorney of said commissioner's intention to make such transfer, unless an emergency or risk to such child or youth's well-being necessitates the immediate transfer of such child and renders such notice impossible. Upon the issuance of an order committing the child or youth to the commissioner, or not later than sixty days after the issuance of such order, the court shall determine whether the department made reasonable efforts to keep the child or youth with his or her parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible, taking into consideration the child's or youth's best interests, including the child's or youth's health and safety.

(5) A youth who is committed to the commissioner pursuant to this subsection and has reached eighteen years of age may remain in the care of the commissioner, by consent of the youth and provided the youth has not reached the age of twenty-one years of age, if the youth is (A) enrolled in a full-time approved secondary education program or an approved program leading to an equivalent credential; (B) enrolled full time in an institution which provides postsecondary or vocational education; or (C) participating full time in a program or activity approved by said commissioner that is designed to promote or remove barriers to employment. The commissioner, in his or her discretion, may waive the provision of full-time enrollment or participation based on compelling circumstances. Not more than one hundred twenty days after the youth's eighteenth birthday, the department shall file a motion in the superior court for juvenile matters that had jurisdiction over the youth's case prior to the youth's eighteenth birthday for a determination as to whether continuation in care is in the youth's best interest and, if so, whether there is an appropriate permanency plan. The court, in its discretion, may hold a hearing on said motion.

(6) Prior to issuing an order for permanent legal guardianship, the court shall provide notice to each parent that the parent may not file a motion to terminate the permanent legal guardianship, or the court shall indicate on the record why such notice could not be provided, and the court shall find by clear and convincing evidence that the permanent legal guardianship is in the best interests of the child or youth and that the following have been proven by clear and convincing evidence:

(A) One of the statutory grounds for termination of parental rights exists, as set forth in subsection (j) of section 17a-112, or the parents have voluntarily consented to the establishment of the permanent legal guardianship;

(B) Adoption of the child or youth is not possible or appropriate;

(C)

(i) If the child or youth is at least twelve years of age, such child or youth consents to the proposed permanent legal guardianship, or

(ii) if the child is under twelve years of age, the proposed permanent legal guardian is:

(I) A relative,

(II) a caregiver, or

(III) already serving as the permanent legal guardian of at least one of the child's siblings, if any;

(D) The child or youth has resided with the proposed permanent legal guardian for at least a year; and

(E) The proposed permanent legal guardian is (i) a suitable and worthy person, and (ii) committed to remaining the permanent legal guardian and assuming the right and responsibilities for the child or youth until the child or youth attains the age of majority.

(7) An order of permanent legal guardianship may be reopened and modified and the permanent legal guardian removed upon the filing of a motion with the court, provided it is proven by a fair preponderance of the evidence that the permanent legal guardian is no longer suitable and worthy. A parent may not file a motion to terminate a permanent legal guardianship. If, after a hearing, the court terminates a permanent legal guardianship, the court, in appointing a successor legal guardian or permanent legal guardian for the child or youth shall do so in accordance with this subsection.

(k)

(1)

(A) Nine months after placement of the child or youth in the care and custody of the commissioner pursuant to a voluntary placement agreement, or removal of a child or youth pursuant to section 17a-101g or an order issued by a court of competent jurisdiction, whichever is earlier, the commissioner shall file a motion for review of a permanency plan if the child or youth has not reached his or her eighteenth birthday. Nine months after a permanency plan has been approved by the court pursuant to this subsection or subdivision (5) of subsection (j) of this section, the commissioner shall file a motion for review of the permanency plan. Any party seeking to oppose the commissioner's permanency plan, including a relative of a child or youth by blood or marriage who has intervened pursuant to subsection (d) of this section and is licensed as a foster parent for such child or youth or is vested with such child's or youth's temporary custody by order of the court, shall file a motion in opposition not later than thirty days after the filing of the commissioner's motion for review of the permanency plan, which motion shall include the reason therefor. A permanency hearing on any motion for review of the permanency plan shall be held not later than ninety days after the filing of such motion. The court shall hold evidentiary hearings in connection with any contested motion for review of the permanency plan and credible hearsay evidence regarding any party's compliance with specific steps ordered by the court shall be admissible at such evidentiary hearings. The commissioner shall have the burden of proving that the proposed permanency plan is in the best interests of the child or youth. After the initial permanency hearing, subsequent permanency hearings shall be held not less frequently than every twelve months while the child or youth remains in the custody of the Commissioner of Children and Families or, if the youth is over eighteen years of age, while the youth remains in voluntary placement with the department. The court shall provide notice to the child or youth, the parent or guardian of such child or youth, and any intervenor of the time and place of the court hearing on any such motion not less than fourteen days prior to such hearing.

(B)

(i) If a child is at least twelve years of age, the child's permanency plan, and any revision to such plan, shall be developed in consultation with the child. In developing or revising such plan, the child may consult up to two individuals participating in the department's case plan regarding such child, neither of whom shall be the foster parent or caseworker of such child. One individual so selected by such child may be designated as the child's advisor for purposes of developing or revising the permanency plan. Regardless of the child's age, the commissioner shall provide not less than five days' advance written notice of any permanency team meeting concerning the child's permanency plan to an attorney or guardian ad litem appointed to represent the child pursuant to subsection (c) of this section.

(ii) If a child is at least twelve years of age, the commissioner shall notify the parent or guardian, foster parent and child of any administrative case review regarding such child's commitment not less than five days prior to such review and shall make a reasonable effort to schedule such review at a time and location that allows the parent or guardian, foster parent and child to attend.

(iii) If a child is at least twelve years of age, such child shall, whenever possible, identify not more than three adults with whom such child has a significant relationship and who may serve as a permanency resource. The identity of such adults shall be recorded in the case plan of such child.

(2) At a permanency hearing held in accordance with the provisions of subdivision (1) of this subsection, the court shall approve a permanency plan that is in the best interests of the child or youth and takes into consideration the child's or youth's need for permanency. The child's or youth's health and safety shall be of paramount concern in formulating such plan. Such permanency plan may include the goal of (A) revocation of commitment and reunification of the child or youth with the parent or guardian, with or without protective supervision; (B) transfer of guardianship or permanent legal guardianship; (C) filing of termination of parental rights and adoption; or (D) for a child sixteen years of age or older, another planned permanent living arrangement ordered by the court, provided the Commissioner of Children and Families has documented a compelling reason why it would not be in the best interests of the child or youth for the permanency plan to include the goals in subparagraphs (A) to (C), inclusive, of this subdivision. Such other planned permanent living arrangement shall, whenever possible, include an adult who has a significant relationship with the child, and who is willing to be a permanency resource, and may include, but not be limited to, placement of a youth in an independent living program or long term foster care with an identified foster parent.

(3) If the permanency plan for a child sixteen years of age or older includes the goal of another planned permanent living arrangement pursuant to subparagraph (D) of subdivision (2) of this subsection or subdivision (3) of subsection (c) of section 17a-111b, the department shall document for the court:

(A) The manner and frequency of efforts made by the department to return the child home or to secure placement for the child with a fit and willing relative, legal guardian or adoptive parent; and

(B) the steps the department has taken to ensure (i) the child's foster family home or child care institution is following a reasonable and prudent parent standard, as defined in section 17a-114d; and (ii) the child has regular opportunities to engage in age appropriate and developmentally appropriate activities, as defined in section 17a-114d.

(4) At a permanency hearing held in accordance with the provisions of subdivision (1) of this subsection, the court shall (A) (i) ask the child or youth about his or her desired permanency outcome, or (ii) if the child or youth is unavailable to appear at such hearing, require the attorney for the child or youth to consult with the child or youth regarding the child's or youth's desired permanency outcome and report the same to the court, (B) review the status of the child or youth, (C) review the progress being made to implement the permanency plan, (D) determine a timetable for attaining the permanency plan, (E) determine the services to be provided to the parent if the court approves a permanency plan of reunification and the timetable for such services, and (F) determine whether the commissioner has made reasonable efforts to achieve the permanency plan. The court may revoke commitment if a cause for commitment no longer exists and it is in the best interests of the child or youth.

(5) If the permanency plan for a child sixteen years of age or older includes the goal of another planned permanent living arrangement pursuant to subparagraph (D) of subdivision (2) of this subsection, the court shall (A) (i) ask the child about his or her desired permanency outcome, or (ii) if the child is unavailable to appear at a permanency hearing held in accordance with the provisions of subdivision (1) of this subsection, require the attorney for the child to consult with the child regarding the child's desired permanency outcome and report the same to the court; (B) make a judicial determination that, as of the date of hearing, another planned permanent living arrangement is the best permanency plan for the child; and (C) document the compelling reasons why it is not in the best interest of the child to return home or to be placed with a fit and willing relative, legal guardian or adoptive parent.

(6) If the court approves the permanency plan of adoption:

(A) The Commissioner of Children and Families shall file a petition for termination of parental rights not later than sixty days after such approval if such petition has not previously been filed;

(B) the commissioner may conduct a thorough adoption assessment and child-specific recruitment; and

(C) the court may order that the child be photo-listed within thirty days if the court determines that such photo-listing is in the best interests of the child or youth. As used in this subdivision, "thorough adoption assessment" means conducting and documenting face-to-face interviews with the child or youth, foster care providers and other significant parties and "child specific recruitment" means recruiting an adoptive placement targeted to meet the individual needs of the specific child or youth, including, but not limited to, use of the media, use of photo-listing services and any other in-state or out-of-state resources that may be used to meet the specific needs of the child or youth, unless there are extenuating circumstances that indicate that such efforts are not in the best interests of the child or youth.

(l) The Commissioner of Children and Families shall pay directly to the person or persons furnishing goods or services determined by said commissioner to be necessary for the care and maintenance of such child or youth the reasonable expense thereof, payment to be made at intervals determined by said commissioner; and the Comptroller shall draw his or her order on the Treasurer, from time to time, for such part of the appropriation for care of committed children or youths as may be needed in order to enable the commissioner to make such payments. The commissioner shall include in the department's annual budget a sum estimated to be sufficient to carry out the provisions of this section. Notwithstanding that any such child or youth has income or estate, the commissioner may pay the cost of care and maintenance of such child or youth. The commissioner may bill to and collect from the person in charge of the estate of any child or youth aided under this chapter, or the payee of such child's or youth's income, the total amount expended for care of such child or youth or such portion thereof as any such estate or payee is able to reimburse, provided the commissioner shall not collect from such estate or payee any reimbursement for the cost of care or other expenditures made on behalf of such child or youth from (1) the proceeds of any cause of action received by such child or youth; (2) any lottery proceeds due to such child or youth; (3) any inheritance due to such child or youth; (4) any payment due to such child or youth from a trust other than a trust created pursuant to 42 USC 1396p, as amended from time to time; or (5) the decedent estate of such child or youth.

(m) The commissioner, a parent or the child's attorney may file a motion to revoke a commitment, and, upon finding that cause for commitment no longer exists, and that such revocation is in the best interests of such child or youth, the court may revoke the commitment of such child or youth. No such motion shall be filed more often than once every six months.

(n) If the court has ordered legal guardianship of a child or youth to be vested in a suitable and worthy person pursuant to subsection (j) of this section, the child's or youth's parent or former legal guardian may file a motion to reinstate guardianship of the child or youth in such parent or former legal guardian. Upon the filing of such a motion, the court may order the Commissioner of Children and Families to investigate the home conditions and needs of the child or youth and the home conditions of the person seeking reinstatement of guardianship, and to make a recommendation to the court. A party to a motion for reinstatement of guardianship shall not be entitled to court-appointed counsel or representation by Division of Public Defender Services assigned counsel, except as provided in section 46b-136. Upon finding that the cause for the removal of guardianship no longer exists, and that reinstatement is in the best interests of the child or youth, the court may reinstate the guardianship of the parent or the former legal guardian. No such motion may be filed more often than once every six months.

(o) Upon service on the parent, guardian or other person having control of the child or youth of any order issued by the court pursuant to the provisions of subsections (b) and (j) of this section, the child or youth concerned shall be surrendered to the person serving the order who shall forthwith deliver the child or youth to the person, agency, department or institution awarded custody in the order. Upon refusal of the parent, guardian or other person having control of the child or youth to surrender the child or youth as provided in the order, the court may cause a warrant to be issued charging the parent, guardian or other person having control of the child or youth with contempt of court. If the person arrested is found in contempt of court, the court may order such person confined until the person complies with the order, but for not more than six months, or may fine such person not more than five hundred dollars, or both.

(p) A foster parent, prospective adoptive parent or relative caregiver shall receive notice and have the right to be heard for the purposes of this section in Superior Court in any proceeding concerning a foster child living with such foster parent, prospective adoptive parent or relative caregiver. A foster parent, prospective adoptive parent or relative caregiver who has cared for a child or youth shall have the right to be heard and comment on the best interests of such child or youth in any proceeding under this section which is brought not more than one year after the last day the foster parent, prospective adoptive parent or relative caregiver provided such care.

(q) Upon motion of any sibling of any child committed to the Department of Children and Families pursuant to this section, such sibling shall have the right to be heard concerning visitation with, and placement of, any such child. In awarding any visitation or modifying any placement, the court shall be guided by the best interests of all siblings affected by such determination.

(r) The provisions of section 17a-152, regarding placement of a child from another state, and section 17a-175, regarding the Interstate Compact on the Placement of Children, shall apply to placements pursuant to this section. In any proceeding under this section involving the placement of a child or youth in another state where the provisions of section 17a-175 are applicable, the court shall, before ordering or approving such placement, state for the record the court's finding concerning compliance with the provisions of section 17a-175. The court's statement shall include, but not be limited to:

(1) A finding that the state has received notice in writing from the receiving state, in accordance with subsection (d) of Article III of section 17a-175, indicating that the proposed placement does not appear contrary to the interests of the child,

(2) the court has reviewed such notice,

(3) whether or not an interstate compact study or other home study has been completed by the receiving state, and

(4) if such a study has been completed, whether the conclusions reached by the receiving state as a result of such study support the placement.

(s) In any proceeding under this section, the Department of Children and Families shall provide notice to each attorney of record for each party involved in the proceeding when the department seeks to transfer a child or youth in its care, custody or control to an out-of-state placement.

(t) If a child or youth is placed into out-of-home care by the Commissioner of Children and Families pursuant to this section, the commissioner shall include in any report the commissioner submits to the court information regarding (1) the safety and suitability of such child or youth's placement, taking into account the requirements set forth in section 17a-114; (2) such child or youth's medical, dental, developmental, educational and treatment needs; and (3) a timeline for ensuring that such needs are met. Such information shall also be submitted to the court (A) not later than ninety days after such child or youth is placed into out-of-home care; (B) if such child or youth's out-of-home placement changes; and (C) if the commissioner files a permanency plan on behalf of such child or youth. The court shall consider such information in making decisions regarding such child or youth's well-being.

Conn. Gen. Stat. § 46b-129

(1949 Rev., S. 2634, subs. (a)-(e); 1949, 1953, 1955, S. 1469d, subs. (a)-(e); 1957, P.A. 50; 1959, P.A. 293; 1967, P.A. 698; 1969, P.A. 794, S. 7; 1971, P.A. 150; 184; 231; 253; 1972, P.A. 127, S. 24; 294, S. 18; P.A. 73-205, S. 5; 73-546, S. 2; 73-625, S. 3, 4; P.A. 74-251, S. 10, 11; P.A. 75-420, S. 4, 6; 75-492, S. 1, 2; 75-602, S. 4, 13; P.A. 76-436, S. 16, 668, 681; P.A. 77-272; 77-273; 77-614, S. 71, 521, 587, 610; P.A. 78-223, S. 1, 2; 78-303, S. 85, 136; P.A. 79-423; 79-579; 79-631, S. 84, 111; P.A. 80-483, S. 121, 186; P.A. 82-181, S. 1, 2; P.A. 84-449, S. 5, 7; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87; P.A. 95-238, S. 4; P.A. 96-246, S. 20, 21; P.A. 97-319, S. 19, 22; P.A. 98-185; 98-241, S. 5, 18; June Sp. Sess. P.A. 98-1, S. 102, 121; P.A. 00-137, S. 2, 3, 15; P.A. 01-142, S. 6 -8; 01-149, S. 1; 01-195, S. 37, 38, 181; June Sp. Sess. P.A. 01-2, S. 33, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; May 9 Sp. Sess. P.A. 02-7, S. 29, 30; P.A. 03-243, S. 2; P.A. 06-102, S. 9; 06-196, S. 173; P.A. 07-159, S. 5; 07-174, S. 3; 07-203, S. 1; P.A. 09-185, S. 3; 09-194, S. 4; P.A. 10-26, S. 6; 10-43, S. 38; P.A. 11-51, S. 16; 11-116, S. 3; 11-180, S. 3; 11-240, S. 8; June 12 Sp. Sess. P.A. 12-1, S. 269, 272, 273; P.A. 13-31, S. 29; 13-194, S. 5, 6; 13-228, S. 1; 13-234, S. 71, 72; P.A. 15-199, S. 3; P.A. 16-124, S. 3; P.A. 17-92, S. 2, 3; 17-237, S. 115; P.A. 18-58, S. 1; 18-67, S. 11; 18-186, S. 1, 2.)

Amended by P.A. 21-0015,S. 117 of the Connecticut Acts of the 2021 Regular Session, eff. 1/1/2022.

Amended by P.A. 21-0140,S. 5 of the Connecticut Acts of the 2021 Regular Session, eff. 7/7/2021.

Amended by P.A. 18-0186, S. 2 of the Connecticut Acts of the 2018 Regular Session, eff. 10/1/2018.

Amended by P.A. 18-0186, S. 1 of the Connecticut Acts of the 2018 Regular Session, eff. 10/1/2018.

Amended by P.A. 18-0067, S. 11 of the Connecticut Acts of the 2018 Regular Session, eff. 7/1/2018.

Amended by P.A. 18-0058, S. 1 of the Connecticut Acts of the 2018 Regular Session, eff. 7/1/2018.

Amended by P.A. 17-0237, S. 115 of the Connecticut Acts of the 2017 Regular Session, eff. 7/1/2017.

Amended by P.A. 17-0092, S. 3 of the Connecticut Acts of the 2017 Regular Session, eff. 7/1/2017.

Amended by P.A. 17-0092, S. 2 of the Connecticut Acts of the 2017 Regular Session, eff. 7/1/2017.

Amended by P.A. 16-0124, S. 3 of the Connecticut Acts of the 2016 Regular Session, eff. 10/1/2016.

Amended by P.A. 15-0199, S. 3 of the Connecticut Acts of the 2015 Regular Session, eff. 7/1/2015.

Annotations to former sections 17-62 and 51-310: Foster parents are not parents for purposes of Subsec. (f). 171 Conn. 630. Cited. 4 CS 254. Youth and emotional instability of parents held not sufficient to warrant finding that child was uncared for or neglected. 21 CS 154. Cited. 26 Conn.Supp. 316; 33 CS 193. Annotations to present section: Cited. 177 C. 648; 179 C. 155; 187 Conn. 431; 188 C. 259; 190 C. 310; 192 C. 254. Confers exclusive jurisdiction on Superior Court to enter orders in cases in which there is finding that child or youth is uncared for, neglected or dependent upon filing of a neglect petition. 195 C. 344. Cited. 211 Conn. 151; 216 Conn. 563. Cannot be read together with Sec. 45a-717(f)(3) so as to permit the custody determination made under this section to lead directly to the termination determination made under Sec. 45a-717(f)(3); judgment in 25 Conn.App. 586 reversed. 223 Conn. 492. Cited. 224 Conn. 263; 230 C. 459; 238 C. 146. Temporary custody orders entered by Superior Court for juvenile matters pursuant to Subsecs. (a) and (b) are final judgments for purposes of appeal. 256 C. 383. Superior Court has exclusive jurisdiction when a neglect petition is filed pursuant to section; existence of a will appointing testamentary guardian does not deprive it of that jurisdiction. 260 C. 182. Superior Court for juvenile matters did not lose subject matter jurisdiction because the youth, who was seeking relief in the proceeding, attained the age of 18, except that Superior Court for juvenile matters lacked subject matter jurisdiction over the youth's claim under Subsec. (j) because the youth was over age of 18 and had not alleged factual predicate that he was in full-time attendance in a secondary school, training school, college or job training program. 297 C. 673. Noncustodial parent cannot be prohibited from entering a plea in a neglect proceeding if parent is seeking to contest the issue of whether the child was neglected; although section refers to "the parent" in the singular, it does not limit the giving of advice or the acceptance of a plea to custodial parents. 301 C. 245. Court lacks authority under section to adjudicate a person who has reached age 18 as neglected or uncared-for and to commit such person to the care of department, regardless of the fact that the petition was filed before such person reached age 18. 303 C. 569. Court lacks authority under section to adjudicate a person neglected or uncared-for and provide dispositional relief after the person reaches age 18. Id., 584. Cited. 1 CA 463; 6 CA 360; 8 CA 656; 9 CA 608; 13 Conn.App. 626; 19 CA 371; 22 Conn.App. 656; 26 CA 58; 29 CA 112; Id., 600; 31 Conn.App. 400; judgment reversed, see 230 Conn. 459; 33 CA 632; 35 CA 276; 45 Conn.App. 606. Right to family integrity is not absolute; state's intervention in family matters is justified when it is found that a child has been neglected or uncared for. 76 Conn.App. 693. Use of "shall" within statutory framework is directory and court did not lack jurisdiction. 87 CA 210. Neglect proceedings are comprised of two parts, adjudication and disposition. 132 CA 314. Read together with Sec. 46b-120, sections vest court with authority to enter interim orders that are in the best interests of children. 155 Conn.App. 624. Cited. 39 CS 514; 41 Conn.Supp. 23; Id., 145; Id., 505; 42 Conn.Supp. 562; 43 Conn.Supp. 108; 44 Conn.Supp. 235; Id., 551. Section does not govern termination of parental rights petitions. 47 Conn.Supp. 273. Subsec. (a): Authority to draft and sign petitions to terminate parental rights not limited to attorneys. 247 C. 1. Where commitment of children not contested, respondent parents not aggrieved and exhaustion of administrative remedies not required. 262 C. 155. Cited. 2 Conn.App. 705; 9 Conn.App. 98. Statute does not require that a respondent parent have custody for court to adjudicate a neglect petition. 51 CA 667. Subsec. (b): Held constitutional; burden of proof and standard of proof discussed. 189 Conn. 276. Adjudication of neglect may be based on potential risk of harm. 58 Conn.App. 119. Specific steps prescribed by court may not be interpreted as orders unto themselves from which the court may issue a contempt order. 64 Conn.App. 55. Court order of temporary custody on basis that children were in imminent danger supported by evidence including that mother was suicidal, threatened to hurt herself and others, claimed to possess a gun, was under the influence of alcohol, told children to lie about her identity and refused to answer door when help arrived. 120 CA 537. A finding of immediate physical danger is a prerequisite to entry of order under Subsec. granting temporary custody of a child in one other than the child's parents. 126 CA 493. Subsec. (c): Does not violate due process. 10 Conn.App. 428. Subsec. (e): "Shall" construed to be directory rather than mandatory. 9 CA 506. Cited. 23 Conn.App. 410. Department of Children and Families may petition for an extension of commitment pursuant to section even when petition to terminate parental rights is pending. 40 CA 366. Order of trial court extending commitment of minor child to commissioner is final judgment for purposes of appeal. 49 CA 361. Subsec. (j): Trial court must both find and adjudicate on one of three distinct grounds prior to awarding custody of child to Department of Children and Families. 276 C. 146. Cited. 46 CA 69. Court's failure to order specific steps to facilitate reunification after a finding of neglect, although in error, did not preclude the termination of respondent's parental rights on the basis of abandonment pursuant to Sec. 17a-112(j). 111 CA 500. 18-year-old petitioner failed to establish factual predicate to allow court to commit petitioner to Department of Children and Families pursuant to Subsec. 125 CA 572; Id., 584. Subsec. is the basis on which the legislature intended a court to adjudicate a motion to transfer guardianship of a child or youth from Commissioner of Children and Families to an individual other than the parent or former guardian. 151 CA 820. Subsec. contains no presumption in favor of a parent; Sec. 46b-56b does not apply to proceeding under this section. 153 Conn.App. 599. A determination of whether a proposed guardian is a suitable and worthy caregiver is not required prior to proceeding to the best interests determination because a party seeking to transfer guardianship must satisfy both determination requirements. Id., 786. A court's disposition of neglect proceeding awarding custody and guardianship of child to one parent deprives the court of continuing jurisdiction over other parent's possible future reunification with child and requires the cessation of such reunification efforts. 165 CA 604. Subsec. (m): Because Subsec. directs the court to make two findings, first, that there no longer is a cause for commitment, and second, that revoking the commitment is in the child's best interest, Subsec. carries the implication that, at least when a motion for revocation of commitment is contested, an evidentiary hearing shall be held and the moving party must establish facts necessary to warrant revocation of the commitment. 297 C. 737. Because respondent parents have not exhausted their statutory remedy of moving to revoke commitment pursuant to section, court lacks jurisdiction over their claim. 66 CA 305. Notwithstanding trial court's failure to make express finding with respect to whether a cause for commitment remained for two minor children committed to custody of Commissioner of Children and Families, trial court's denial of respondent mother's motion to revoke the commitment was proper given its clear and unequivocal finding that it would be in the best interests of the children to remain with their foster parents. 93 Conn.App. 25. Trial court improperly revoked, sua sponte, child's commitment to Department of Children and Families and acted outside scope of its authority pursuant to section by opening judgment and revoking commitment without proper evidence, without giving notice to the parties and foster mother, and without giving foster mother opportunity to be heard as required by Subsec. (o). 98 CA 319. Moving party has burden to prove that cause for commitment no longer exists. 116 CA 83. Procedures set forth in Subsec. and Practice Book Sec. 35a-14A strike the appropriate balance between petitioner's and respondent's interests, and comply with the constitution's procedural due process requirements. Subsec. does not infringe on respondent's right to substantive due process because respondent was seeking to acquire custody of daughter from petitioner following daughter's commitment, rather than seeking to prevent interference with an existing and ongoing parent/child relationship. 183 CA 327. Procedures set forth in Subsec. and Practice Book Sec. 35a-14A strike the appropriate balance between petitioner's and respondent's interests, and comply with the constitution's procedural due process requirements. Subsec. does not infringe on respondent's right to substantive due process because respondent was seeking to acquire custody of daughter from petitioner following daughter's commitment, rather than seeking to prevent interference with an existing and ongoing parent/child relationship. 183 Conn.App. 327.

See Sec. 17a-109 re commitment of children to child-caring institutions.