Rule 33a-6. Order of Temporary Custody; Ex Parte Orders and Orders To Appear

(a) If the judicial authority finds, based upon the specific allegations of the petition and other verified affirmations of fact provided by the applicant, 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 his or her surroundings and (2) that 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 judicial authority shall, upon proper application at the time of filing of the petition or at any time subsequent thereto, either (A) issue an order to the respondents or other persons having responsibility for the care of the child or youth, including but not limited to persons named as the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) or the alleged genetic parent, to appear at such time as the judicial authority may designate to determine whether the judicial authority should vest in some suitable agency or person the child's or youth's temporary care and custody pending disposition of the petition, or (B) issue an order ex parte vesting in some suitable agency or person the child's or youth's temporary care and custody.

(b) A preliminary hearing on any ex parte order of temporary custody or order to appear issued by the judicial authority shall be held as soon as practicable but not later than ten days after the issuance of such order.

(c) If the application is filed subsequent to the filing of the petition, a motion to amend the petition or to modify protective supervision shall be filed no later than the next business date before such preliminary hearing.

(d) Upon issuance of an ex parte order of temporary custody or order to appear, the judicial authority shall provide to the Commissioner of the Department of Children and Families and the respondents specific steps necessary for each to take for the respondents to retain or regain custody of the child or youth.

(e) An ex parte order of temporary custody or order to appear shall be accompanied by a conspicuous notice to the respondents and other persons entitled to notice, including but not limited to persons named as the person presumed to be the parent pursuant to General Statutes § 46b488 (a) (3) or the alleged genetic parent, 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 respondents' position concerning the alleged facts; (iv) that the respondent, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3), and the person named as the alleged genetic parent have the right to remain silent; (v) that an attorney will be appointed for respondents, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) and the alleged genetic parent who cannot afford an attorney by the chief public defender; (vi) that respondents, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3), and the alleged genetic parent may apply for state paid representation 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; (vii) if such respondents, the person presumed to be the parent pursuant to § General Statutes 46b-488

(a) (3), and alleged genetic parents have any questions concerning the case or appointment of counsel, they are advised to go to the court, or contact the clerk's office, or contact the chief public defender as soon as possible, and (viii) that such respondents or persons 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, marriage or law who might serve as a licensed foster parent or temporary custodian for such child or youth.

(f) Upon application for state paid representation, the judicial authority shall promptly determine eligibility and, if the respondent, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) or person named as the alleged genetic parent is eligible, promptly notify the chief public defender, who shall assign an attorney to provide representation. In the absence of such a request prior to the preliminary hearing, the chief public defender shall ensure that standby counsel is available at such hearing to assist and/or represent the respondents or other persons found eligible by the judicial authority.

Committee Notes

amended June 30, 2008, to take effect Jan. 1, 2009; amended