Advocating for Services and Visitation. Training for New Juvenile Court Attorneys, June 30, 2011. Alphabet Soup. ACRS and TPCs: what are these? When do they happen? Where? Who is invited? Youth over 18? Sample redacted plan is part of case file. What is a Treatment Plan/Case Plan .
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Advocating for Services and Visitation
Training for New Juvenile Court Attorneys, June 30, 2011
What does Federal Law Say About Children’s Well-Being ?
What if I am unsure of what services to advocate for?
Focus on visitation as a linchpin of permanency.
the likelihood of successful reunification and reduces time in care and the negative effects of separation.
Enforcing client’s rights to services and visitation: Motions Practice
Affirmed trial court’s deference to DCF re visitation decisions after multiple court orders
2. Application of doctrine of concurrent/primary jurisdiction in juvenile court
See for example
In re Leighton V (jurisdiction and exhaustion)
In re Leighton V., cont’d.
Development of treatment and permanent placement plan. Review of plan. Modifications. Application for review. Hearing. Procedure. (a) The commissioner shall prepare and maintain a written plan for care, treatment and permanent placement of every child and youth under the commissioner's supervision, which shall include but not be limited to a diagnosis of the problems of each child or youth, the proposed plan of treatment services and temporary placement and a goal for permanent placement of the child or youth, which may include reunification with the parent, long-term foster care, independent living, transfer of guardianship or adoption. The child's or youth's health and safety shall be the paramount concern in formulating the plan.
CGS 17a-15 continued
(c) Any child or youth or the parent or guardian of such child or youth aggrieved by any provision of a plan prepared under subsection (a) of this section, or by the commissioner's decision upon review under subsection (b) of this section, or any child or youth or the parent or guardian of such child or youth aggrieved by a refusal of any other service from the commissioner to which he is entitled, shall be provided a hearing within thirty days following a written request for the same directed to the commissioner.
(b) Each child or youth placed or treated under the direction of the Commissioner of Children and Families in any public or private facility shall receive humane and dignified treatment at all times, with full respect for his personal dignity and right to privacy, consistent with his treatment plan as determined by the commissioner.
CGS 17a-16 continued
(h) Each child or youth shall have a right to a hearing pursuant to procedures adopted by the commissioner, in accordance with sections 4-176e to 4-181a, inclusive, before he is involuntarily transferred by the Commissioner of Children and Families to any facility outside the state of Connecticut.
What if a child or youth is in an inappropriate placement?
Motions for emergency relief/In Court Review (P.B. 34a-23; 34a-1)
KidsCounsel website continued
Motions for independent evaluation (C.G.S. § 46b-121; 46b-129)
See also KidsCounsel website pleadings bank
Motions for contempt (P.B. § 34a-22; 34a-1)
See also In re Leah S