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Order
of Temporary Custody/Mootness.
In this
case, the mother's appeal from a trial court's order of temporary
custody was dismissed on mootness grounds. The parties participated
in a contested hearing on the state's request for temporary custody
of the mother's children, at the conclusion of which the court sustained
the temporary custody order. Subsequently, the mother failed to
appear for the court date regarding the neglect petition. She was
defaulted, the children were adjudicated neglected and committed
to the department's custody. Accordingly, the appellate court agreed
with the state that no practical relief could result from the appeal
regarding the order of temporary custody. The appellate court rejected
the mother's argument that the case should be heard under the "capable
of repetition, yet evading review exception to the mootness doctrine.
The court cited In re Carl O., 10 Conn. App. 434 and Pamela B. v.
Ment, 244 Conn. 296 (1998) for the proposition that appeals from
temporary custody orders are moot when the children involved are
later adjudicated neglected. The court determined that the mother
presented no evidence that most cases challenging a temporary custody
order are, by their very nature, of such a limited duration that
there is a strong likelihood that they will become moot before appellate
litigation can be concluded. Accordingly, the appeal was dismissed.
Sarah
Healy Eagan, Esq.
Director, Child Abuse Project
Center for Children's Advocacy
University of Connecticut School of Law
65 Elizabeth Street
Hartford, CT 06105
Tel. 860.570.5327
Fax. 860.570.5256
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