Conn. Practice Book § 33a-6 (2026)

Sec. 33a-6. Order of Temporary Custody; Ex Parte Orders and Orders To Appear (a) If the judicial authority finds, based upon the specific allegations of the petition and other verified affirmations of fact provided by the appli- cant, that there is reasonable cause to believe that: (1) the child or youth is suffering from serious physical illness or serious physical injury or is in immediate physical danger from his or her sur- roundings and (2) that as a result of said condi- tions, the child’s or youth’s safety is endangered and immediate removal from such surroundings is necessary to ensure the child’s or youth’s safety, the judicial authority shall, upon proper applica- tion at the time of filing of the petition or at any time subsequent thereto, either (A) issue an order to the respondents or other persons having respon- sibility for the care of the child or youth, including but not limited to persons named as the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) or the alleged genetic parent, to appear at such time as the judicial authority may designate to determine whether the judicial authority should vest in some suitable agency or person the child’s or youth’s temporary care and custody pending disposition of the peti- tion, or (B) issue an order ex parte vesting in some suitable agency or person the child’s or youth’s temporary care and custody. (b) A preliminary hearing on any ex parte order of temporary custody or order to appear issued © Copyrighted by the Secretary of the State of the State of Connecticut

SUPERIOR COURT—PROCEDURE IN JUVENILE MATTERS Sec. 33a-7 by the judicial authority shall be held as soon as practicable but not later than ten days after the issuance of such order. (c) If the application is filed subsequent to the filing of the petition, a motion to amend the petition or to modify protective supervision shall be filed no later than the next business date before such preliminary hearing. (d) Upon issuance of an ex parte order of tem- porary custody or order to appear, the judicial authority shall provide to the Commissioner of the Department of Children and Families and the respondents specific steps necessary for each to take for the respondents to retain or regain cus- tody of the child or youth. (e) An ex parte order of temporary custody or order to appear shall be accompanied by a con- spicuous notice to the respondents and other per- sons entitled to notice, including but not limited to persons named as the person presumed to be the parent pursuant to General Statutes § 46b- 488 (a) (3) or the alleged genetic parent, written in clear and simple language containing at least the following information: (i) That the order con- tains allegations that conditions in the home have endangered the safety and welfare of the child or youth; (ii) that a hearing will be held on the date on the form; (iii) that the hearing is the opportunity to present the respondents’ position concerning the alleged facts; (iv) that the respondent, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3), and the per- son named as the alleged genetic parent have the right to remain silent; (v) that an attorney will be appointed for respondents, the person pre- sumed to be the parent pursuant to General Stat- utes § 46b-488 (a) (3) and the alleged genetic parent who cannot afford an attorney by the chief public defender; (vi) that respondents, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3), and the alleged genetic parent may apply for state paid representation by going in person to the court address on the form and are advised to go as soon as possible in order for the attorney to prepare for the hearing; (vii) if such respondents, the person presumed to be the parent pursuant to § General Statutes 46b-488 (a) (3), and alleged genetic parents have any questions concerning the case or appointment of counsel, they are advised to go to the court, or contact the clerk’s office, or contact the chief pub- lic defender as soon as possible, and (viii) that such respondents or persons having responsibil- ity for the care and custody of the child or youth may request the Commissioner of Children and Families to investigate placing the child or youth with a person related to the child or youth by blood, 359 marriage or law who might serve as a licensed foster parent or temporary custodian for such child or youth. (f) Upon application for state paid represen- tation, the judicial authority shall promptly deter- mine eligibility and, if the respondent, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) or person named as the alleged genetic parent is eligible, promptly notify the chief public defender, who shall assign an attorney to provide representation. In the absence of such a request prior to the preliminary hearing, the chief public defender shall ensure that standby counsel is available at such hearing to assist and/or represent the respondents or other persons found eligible by the judicial author- ity. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 20, 2011, to take effect Jan. 1, 2012; amended June 14, 2024, to take effect Jan. 1, 2025.) Sec. 33a-7. Preliminary Order of Temporary Custody or First Hearing; Actions by Judi- cial Authority (Amended June 30, 2008, to take effect Jan. 1, 2009.) (a) At the preliminary hearing on the order of temporary custody or order to appear, or at the first hearing on a petition for neglect, uncared for, dependency, or termination of parental rights, the judicial authority shall: (1) first determine whether the necessary par- ties are present and that the rules governing ser- vice on or notice to nonappearing parties, and notice to persons named as the alleged genetic parent, grandparents, foster parents, relative care- givers, preadoptive parents, and any other person entitled to notice of the proceedings, as applica- ble, have been complied with, and should note these facts for the record, and may proceed with respect to the parties who (i) are present and have been properly served; (ii) are present and waive any defects in service; and (iii) are not present, but have been properly served. As to any party or person who has not been properly served, the judicial authority may continue the proceedings with respect to such party or person for a reason- able period of time for service to be made and con- firmed; (2) inform the respondents of the allegations contained in all petitions and applications that are the subject of the hearing; (3) inform the respondents, the person pre- sumed to be the parent pursuant to General Stat- utes § 46b-488 (a) (3), and persons named as the alleged genetic parent of their right to remain silent; © Copyrighted by the Secretary of the State of the State of Connecticut

SUPERIOR COURT—PROCEDURE IN JUVENILE MATTERS