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Recent federal and state laws aim to increase the
number of abused and neglected children placed with appropriate
and caring relatives. In Connecticut, such emphasis is badly needed,
as the state kinship care rate currently lags far behind the national
average of 24%.
Federal Fostering Connections to Success Act
Kinship Care Provisions
The federal Fostering Connections to Success and Increasing
Adoptions Act of 2008 became Public Law 110-351 on October 7, 2008.
"Fostering Connections" was heralded by many advocates nationwide
as the most important child welfare reform legislation in a decade.
The Act seeks to promote the well-being of abused and neglected
children in foster care by mandating practices designed to improve
health, educational and permanency outcomes for children in state
agency care. With regard to kinship care, Fostering connections
requires states "within 30 days after the removal of a child from
the custody of the parent" to "exercise due diligence to identify
and provide notice to all adult grandparents and other adult relatives
of the child." The child welfare agency must also notify relatives
of their options to "participate in the care and placement of the
child" and advise them of their right to become foster parents and
the services that are available for children placed in foster care.
Additionally, Fostering Connections codifies existing
federal regulations which provide that states may waive non-safety
related foster care licensing standards for relatives seeking to
become foster parents.
Connecticut Law: Relative Notification Requirement
The relative notification requirements are also codified in Connecticut
Public act 09-185, which requires DCF to identify relatives and
notify them, within 30 days after a child's removal, of their right
to seek a foster parent license or become a legal guardian. The
Connecticut act also provides that DCF must finalize an assessment
of the propriety of any proposed relative placement within 30 days
of the preliminary hearing on the Order of Temporary Custody. The
assessment deadline is also found in the Court Specific Steps form
which contemplates the identification of proposed relative placements
and a final assessment within 30 days.
Connecticut Law: Relatives as Preferred Caregivers
Additionally, Public Act 09-185 also provides that relatives are
the preferred caregivers for children who have been removed from
their homes due to allegations of abuse or neglect. The Act permits
relatives to file motions to intervene which the court must grant
unless it finds good cause for not doing so. The Act establishes
a presumption that awarding temporary custody to a relative is in
the best interests of the child. The presumption may be rebutted
by a preponderance of evidence showing that this is not the case.
Finally, it establishes a rebuttable presumption favoring relatives
in guardianship or co-guardianship proceedings.
Connecticut DCF Policy: Relative Placements
Lastly, DCF policy § 36-60 clearly states that when "considering
foster care placement for a child, preference shall be given to
placement with a relative or extended family. Policy § 41-19-2,
dealing with the principles of foster care matching, echoes the
presumption for relative placement whenever possible.
TIP FOR LAWYERS
Children's attorneys should be aware that they can
seek redress for the state's failure to timely assess a relative
placement and place a child in an appropriate relative's home within
state and federal guidelines by filing an applicable motion for
relief in the local juvenile court. Relevant legal provisions include:
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Conn. Gen. Stat. § 46b-121 which provides
that the court is empowered to direct any custodian of a child
to take an action which promotes the general welfare of that
child.
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Conn. Gen. Stat. § 46b-129 requires DCF
to identify relatives immediately and finalize a relative assessment
within 30 days of the hearing on the Order of Temporary Custody.
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The Court Ordered Specific Steps: are legally
enforceable, and violations may be subject to finds of contempt
by the court.
- Connecticut Practice Book § § 34a-22 and
34a-23 authorize the parties to file motions for contempt and
motions for emergency injunctive relief.
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