October 10, 2008 CBA CLE Seminar

1. October 10, 2008 CBA CLE Seminar Southeastern Connecticut Center for Juvenile Justice, Inc. SECCJJ, Inc., is funded by the Commission on Child Protection and the Office of the Chief Child Protection Attorney

2. WHAT ARE SPECIFIC STEPS Parents' ROADMAP PB 26-1 (n) "Specific steps" means those judicially determined steps the parent or guardian and the commissioner of children and families should take in order for the parent or guardian to retain or regain custody of a child or youth

3. WHEN YOU SEE SPECIFIC STEPS • INTERIM STEPS- AT OTC 46b-129 ( D); PB 33a-6, 33a-7 • FINAL STEPS- AT DISPOSITION 46b-129 (J) • POST DISPOSITION HEARINGS PB 26-1

4. INTERIM • SIGNED BY JUDGE WHEN HE/SHE SIGNS OTC, THEN SERVED ON PARENT • MAKE SURE YOU GET A COPY AND REVIEW AT TIME OF PRELIMINARY HEARING • OFTEN EVERY BOX IS CHECKED- MAKE SURE TO MODIFY, MAKE SPECIFIC

5. FINALSTEPS • AT TIME OF DISPOSITION EITHER PS OR COMMITMENT • DCF STATUTORILY OBLIGATED TO HELP PARENT REGAIN CUSTODY OF CHILD IN RE DEVON B., 264 CONN 572 • MODIFY, BY MOTION TO THE COURT, DURING PENDENCY OF CASE IF NECESSARY

6. POST DISPOSITION • AFTER PERMANENCY PLAN/ MOTION REVOKE • PB 26-1 (E) IF THE JUDICIAL AUTHORITY DETERMINES AT THE HEARING ON THE MOTION FOR REVIEW OF PERMANENCY PLAN AND TO MAINTAIN OR REVOKE THE COMMITMENT THAT FURTHER EFFORTS TO REUNIFY THE CHILD WITH THE PARENT ARE APPROPRIATE, THE JUDICIAL AUTHORITY SHALL PROVIDE THE PARENT WITH SPECIFIC STEPS WHICH THE PARENT SHALL TAKE TO ADDRESS PROBLEMS PREVENTING REUNIFICATION. SIX MONTHS AFTER SUCH HEARING, THE JUDICIAL AUTHORITY SHALL HOLD ANOTHER HEARING TO ASSESS THE PARENTS’ PROGRESS.

7. PARENT’S STEPS • STEPS SHOULD BE SPECIFIC AND UNAMBIGUOUS • LANGUAGE BARRIERS, CULTURAL DIFFERENCES, COGNITIVE/ INTELLECTUAL LIMITATIONS • SERVICE PROVIDERS SHOULD BE IDENTIFIED WHERE POSSIBLE • DON’T OVERLOAD PARENTS WITH TOO MANY SERVICES

8. DCF’S OBLIGATION • DON’T FORGET TO ADD REQUIREMENTS FOR DCF • ADD LANGUAGE REGARDING PARENT’S VISITS WITH CHILD WHEN CHILD IS REMOVED • ALSO CONSIDER SIBLING VISITS, SPECIFIC REFERRALS FOR HOUSING, REQUEST FOR FLEX FUND, INVESTIGATING PLACEMENT RESOURCES • NOTE - DCF SUPPOSED TO PUT REFERRALS IN WRITING, I OFTEN ADD “WITH COPIES TO COUNSEL FOR PARENT AND CHILD”

9. WAIVER OF PRIVILEGE/ TPR • IN RE ASHLEY R (2006 CONN. SUP. 2239 (2006) HOLD THAT SPECIFIC STEPS ARE NO LONGER BINDING ON A PARENT ONCE A TPR IS FILED • CASE LAW HOLDS THAT SIGNING OF SPECIFIC STEPS IS NOT A WAIVER OF CONFIDENTIALITY, AT LEAST IN A TPR. IN RE REGINALD H, IN RE NASHAWN J, IN RE ASHLEY (SUPRA)

10. RELEASES • ADD LANGUAGE TO RELEASE PROVISION RE “DOES NOT WAIVE PRIVILEGE” • PRACTICE TIP: ALWAYS REVIEW RELEASES TO MAKE SURE THEY ARE LIMITED TO “ATTENDANCE, COOPERATION AND PROGRESS TOWARD IDENTIFIED GOALS”

11. MOTION FOR CONTEMPT • IN RE JEFFREY C., 261 CONN 196 (2002), FOUND FATHER IN CONTEMPT FOR VIOLATING SUPPLEMENTAL ORDERS, DID NOT REACH ISSUE OF WHETHER VIOLATING SPECIFIC STEPS ALONE WOULD SUPPORT FINDING OF CONTEMPT • IN RE LEAH S., 284 CONN. 685 (2007). WHILE SPECIFIC STEPS COULD SUPPORT FINDING OF CONTEMPT, IN THIS CASE SPECIFIC STEPS TOO VAGUE TO SUPPORT FINDING OF CONTEMPT

12. October 10, 2008 CBA CLE Seminar Southeastern Connecticut Center for Juvenile Justice, Inc. SECCJJ, Inc., is funded by the Commission on Child Protection and the Office of the Chief Child Protection Attorney