Rule 33a-7. Preliminary Order of Temporary Custody or First Hearing; Actions by Judicial Authority

(a) At the preliminary hearing on the order of temporary custody or order to appear, or at the first hearing on a petition for neglect, uncared for, dependency, or termination of parental rights, the judicial authority shall:

(1) first determine whether the necessary parties are present and that the rules governing service on or notice to nonappearing parties, and notice to persons named as the alleged genetic parent, grandparents, foster parents, relative caregivers, preadoptive parents, and any other person entitled to notice of the proceedings, as applicable, have been complied with, and should note these facts for the record, and may proceed with respect to the parties who (i) are present and have been properly served; (ii) are present and waive any defects in service; and (iii) are not present, but have been properly served. As to any party or person who has not been properly served, the judicial authority may continue the proceedings with respect to such party or person for a reasonable period of time for service to be made and confirmed;

(2) inform the respondents of the allegations contained in all petitions and applications that are the subject of the hearing;

(3) inform the respondents, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3), and persons named as the alleged genetic parent of their right to remain silent;

(4) ensure that an attorney, and where appropriate, a separate guardian ad litem, has been assigned to represent the child or youth by the chief public defender, in accordance with General Statutes §§ 46b-129a (2), 46b-136, 51-296a and Section 32a-1 of these rules;

(5) advise the respondents, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3), and the alleged genetic parent of their right to counsel and their right to have counsel assigned if they are unable to afford representation, determine eligibility for state paid representation and notify the chief public defender to assign an attorney to represent any respondent, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3), and the alleged genetic parent who is unable to afford representation, as determined by the judicial authority;

(6) advise the respondents 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 ex parte order of temporary custody or an order to appear;

(7) notwithstanding any prior statements acknowledging responsibility, inquire of the custodial respondent in neglect, uncared for and dependency matters, and of all respondents in termination matters, whether the allegations of the petition are presently admitted or denied;

(8) make any interim orders, including visitation, that the judicial authority determines are in the best interests of the child or youth, and order specific steps that the commissioner and the respondents shall take for the respondents to regain or to retain custody of the child or youth;

(9) 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, if necessary and appropriate, and order service of the amended petition citing in the alleged genetic parent and notice of the hearing date, if any, to be made upon such person;

(10) if the person named as the alleged genetic parent appears and admits that such person is the parent, provide such person and the birth parent with the notices which comply with General Statutes § 17b-27 and provide them with the opportunity to sign an acknowledgment of parentage on forms which comply with General Statutes § 17b-27, which documents shall be executed and filed in accordance with General Statutes 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 General Statutes § 19a-42a, and shall maintain a copy of the acknowledgment of parentage in the court file;

(11) in the event that the person named as an alleged genetic parent appears and denies that such person is the 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 General Statutes § 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; and

(12) identify any person or persons related to the child or youth by blood or marriage or law residing in this state or out of state who might serve as licensed foster parents or temporary custodians, and order the Commissioner of the Department of Children and Families to investigate and determine the appropriateness of placement of the child or youth with such relative or relatives pursuant to General Statutes § 46b-129

(c) and provide a written report to the court no later than thirty days from the date of the preliminary hearing and notify all counsel of record or set a reasonable date for such a report if a relative lives outside the state.

(b) At the preliminary hearing on the order of temporary custody or order to appear, the judicial authority may provide parties an opportunity to present argument with regard to the sufficiency of the sworn statements.

(c) If any respondent fails, after proper service, to appear at the preliminary hearing, the judicial authority may enter or sustain an order of temporary custody.

(d) Upon request, or upon its own motion, the judicial authority shall schedule a hearing on the order for temporary custody or the order to appear to be held as soon as practicable but 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 respondents.

(e) Subject to the requirements of Section 33a7 (a) (6), upon motion of any party or on its own motion, the judicial authority may consolidate the hearing, on the order of temporary custody or order to appear with the adjudicatory phase of the trial on the underlying neglect or uncared for petition. At a consolidated order of temporary custody and neglect or uncared for adjudication hearing, the judicial authority shall determine the outcome of the order of temporary custody based upon whether or not continued removal is necessary to ensure the child's or youth's safety, irrespective of its findings on whether there is sufficient evidence to support an adjudication of neglect or uncared for. Nothing in this subsection prohibits the judicial authority from proceeding to disposition of the underlying petition immediately after such consolidated hearing if the social study has been filed and the parties had previously agreed to sustain the order of temporary custody and waived the ten day hearing or the parties should reasonably be ready to proceed.

Committee Notes

(Amended June 30, 2008, to take effect Jan. 1, 2009.) (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 21, 2010, to take effect Jan. 1, 2011; amended June 20, 2011, to take effect Jan. 1, 2012; amended June 15, 2012, to take effect Jan. 1, 2013; amended June 14, 2024, to take effect Jan. 1, 2025.)