In Re Jeffrey M.

Delinquency

Authority of Trial Court

In re Jeffrey M., 134 Conn. App. 29, *** A.2d *** (2012) (Judge Dyer)

The appellate court held that the trial court did not have statutory authority to order the Department of Children and Families to place a child who is adjudicated as delinquent and committed to DCF in an out-of-state facility.  In re Jeffrey M., supra, 134 Conn. App. 36-44.  The statute at issue in the case is General Statutes § 46b-140 and its numerous subsections.

The appellate court also determined that the trial court improperly denied DCF’s motion to intervene in the delinquency action.  DCF had established all four of the requirements for intervention: DCF’s motion was timely; it had “a direct and substantial interest in the subject matter of the litigation, as the court committed Jeffrey M. to the custody of the Department and ordered the Department to fund his placement”; id., 35; the order “necessarily impaired the Department’s interest because it compelled the Department to effectuate an order for which it claims there is no authority”; id.; and “the Department had a unique interest in the matter . . . because it was the sole entity to which Jeffrey M. was committed and was charged with the duty to fund his placement . . . .”  Id.

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