DOCKET
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:SUPERIOR COURT
:
IN RE CHILD:JUVENILE MATTERS AT HARTFORD
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______:DATE
EX-PARTE MOTION FOR ORDER TO EXPEDITE
INTERSTATE COMPACT PLACEMENT STUDY
Pursuant to Connecticut Practice Book § § 34-1, 34-23 and Conn. Gen. Stat. § 46b-121 and Interstate Compact on the Placement of Children, Regulation 7, CHILD, through undersigned counsel, respectfully requests this Court order that she is entitled to a priority placement pursuant to the Interstate Compact on the Placement of Children. In support of this motion CHILD asserts the following:
- CHILD has lived in DCF’s custody since 1999, and her parents’ rights were
terminated in 2003.
- CHILD has experienced multiple placement changes in her years in
DCF custody, including a year-long stay in out-of-state residential treatment from 2009-2010 and a subsequent placement in a Ledyard group home.
3. CHILD indicated to undersigned counsel that she would like to be placed in a family setting. She craves normalcy and permanency and an end to quasi-institutional living. CHILD has so few family resources and longs for meaningful connections. On December x, 2010, this Court (J.) approved a permanency plan plan of Long Term Foster Care for CHILD.
4. At the end of DATE, CHILD ran away from DCF custody and sought to connect with extended family in New York State. She has expressed a CHILD to be placed with family if at all possible. CHILD returned to DCF custody on DATE. She is currently living in an emergency placement: a DCF–licensed Short Term Assessment and Respite Center (STAR home) with a maximum length of stay of sixty (60) days.
5.Undersigned counsel and DCF have since communicated with an identified relative in New York, paternal aunt NAME. PATERNAL AUNT expressed a strong desire to be a placement resource for CHILD. CHILD also wishes to be placed with PATERNAL AUNT and her family. PATERNAL AUNT indicated that she will do anything that is required and will come to Connecticut from UPSTATE New York in order to present herself to DCF and this Court.
6. Interstate Compact Regulation 7 provides that this Court may issue an Order for Priority Placement when the proposed placement recipient is a relative belonging to a class of persons who, under Article VIII(a) of ICPC could receive a child from another person belonging to such a class, without complying with ICPC and; (1) the child is under two (2) years of age; or (2) the child is in an emergency shelter; or (3) the court finds that the child has spent a substantial amount of time in the home of the proposed placement recipient.
5. CHILD qualifies for priority placement pursuant to Regulation 7 because she is living in an emergency setting with a maximum length of stay of two months.[1]
6.DCF is in agreement with this request for priority interstate compact study of PATERNAL AUNT.
WHEREFORE, the undersigned attorney respectfully requests that this Court issue an Order for CHILD’s Priority Placement Study in the state of New York pursuant to the terms and regulations of the Interstate Compact on the Placement of Children.
Respectfully submitted,
BY:______
Center for Children’s Advocacy, Inc.
65 Elizabeth Street
Hartford, CT 06105
Juris # 421708
860 570-5327
Attorney for the Child
O R D E R
Whereas Regulation 7 of the Interstate Compact on the Placement of Children provides for the priority placement for children;
Whereas the Court has found that CHILD is currently residing in a DCF licensed emergency placement;
Whereas the Court has determined that PATERNAL AUNT, being the paternal aunt of CHILD, is a relative belonging to a class of persons who, under Article VIII of ICPC could receive a child from another person belonging to such a class, without complying with ICPC;
The Court hereby orders that CHILDis entitled to a priority placement study pursuant to the express terms of the Interstate Compact regulation.
Connecticut Department of Children and Families will transmit order to Connecticut Interstate Compact Office within three days of this signing.
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Judge
Superior Court for Juvenile Matters
920 Broad Street
Hartford, CT 06106
860 244-7900
860 566-1658 fax
CERTIFICATE OF SERVICE
This is to certify that a copy of the Order page for this Ex Parte Motion for Order Re Priority Interstate Compact Placement Study has been hand sent via facsimile to the
Assistant Attorney General, this __ day of April, 2011.
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[1] Pursuant to Regulation 7, if an order for priority placement is granted, the court will send a copy of the Order to DCF. The Order must include the name, address, telephone number and fax number of the judge and the court. DCF must, within three days, send the signed court order, a completed Form 100A (“Request for Placement”) and supporting documentation pursuant to ICPC Article III, to the DCF Interstate Compact Office. Within two days after receipt of the ICPC priority placement request, the DCF Interstate Compact office must transmit the priority request to the relevant Interstate Compact office for UPSTATE, New York, together with a notice that the request for placement is entitled to priority processing. The New York Compact Administrator must make its determination pursuant to Article III (d) of ICPC as soon as practicable but no later than twenty (20) business day from the date the overnight mailing was received.