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KIDS_COUNSEL-L  June 2014

KIDS_COUNSEL-L June 2014

Subject:

Re: res judicata or does the appeal process ever end for DCF??

From:

"Jennifer M. Celentano" <[log in to unmask]>

Reply-To:

KidsCounsel ListServ <[log in to unmask]>

Date:

Thu, 12 Jun 2014 16:54:53 -0700

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (193 lines)

Thank you Lisa.  I will let you know how it goes.
Best,
Jennifer

Jennifer M. Celentano, Esq. 
Law Offices of Jennifer M. Celentano, LLC 
P.O. Box 512
North Haven, CT 06473
Tel: (203) 605-1111 
Fax:(203) 907-1367
Email: [log in to unmask]
www.celentanolaw.com
 

The information in this e-mail transmission is ATTORNEY PRIVILEGED AND CONFIDENTIAL. The information is intended only for the use of the Person named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify us by telephone immediately. Thank you.

--------------------------------------------
On Thu, 6/12/14, Lisa Vincent <[log in to unmask]> wrote:

 Subject: Re: [KIDSCOUNSEL-L] res judicata or does the appeal process ever end for DCF??
 To: [log in to unmask]
 Date: Thursday, June 12, 2014, 9:33 AM
 
 I
 would start with contempt and res judicata. If they proceed,
 I would hold them to evidence that developed between the
 trial court ruling and the new hold. Please let us know what
 happens.
 
 Lisa
 Lisa M. VincentThe Law Office of
 Lisa M. Vincent379 Prospect
 StreetTorrington, CT 06790
 (860)626-8986
 
 
 On Wed, Jun 11, 2014 at
 10:19 PM, Scott Moulton <[log in to unmask]>
 wrote:
 
 Wouldn't a Writ of Mandamus be an
 appropriate response to something like this? 
 
 
 On Wed,
 Jun 11, 2014 at 6:21 PM, Trudy Condio <[log in to unmask]>
 wrote:
 
 
 Is
 there no end to how low they will stoop?
 
 Trudy
 Condio
 
 Attorney Trudy
 CondioP.O. Box
 175
 
 Manchester, CT
 06045860-646-1502
 
 860-432-3713
 FaxSent from my Verizon
 Wireless 4G LTE DROID
 
 
 The contents of this
 message, together with any attachments, are intended only
 for the use of the person(s) to which they are addressed and
 may contain confidential and/or privileged information.
  Further, any medical information herein is confidential
 and protected by law.  It is unlawful for unauthorized
 persons to use, review, copy, disclose or disseminate
 confidential medical information.  If you are not the
 intended recipient, immediately advise the sender and delete
 this message and any attachments.  Any distribution, or
 copying of this message, or any attachment is
 prohibited.
 
 
 
 Christina
 Ghio <[log in to unmask]>
 wrote:
 
 How about a motion
 for emergency relief under 34a-23 and/or a motion for
 contempt?
 
 
 
 Christina D. Ghio, Esq.
 The
 Law Office of Christina D. Ghio, LLC
 P.O.
 Box 186
 Cheshire, CT  06410
 ph.203-439-0656
 ph. 860-580-9443
 
 
 fax 860-516-1550
 [log in to unmask]
 www.ctchildlaw.com
 
 
 
 
 -----Original
 Message-----
 From: KidsCounsel ListServ
 [mailto:[log in to unmask]]
 On Behalf Of Jennifer M. Celentano
 Sent:
 Wednesday, June 11, 2014 4:53 PM
 
 
 To: [log in to unmask]
 Subject: [KIDSCOUNSEL-L] res judicata or does
 the appeal process ever end for DCF??
 
 Hello all,
 I have a juvenile
 case where I tried the consolidated Order of Temporary
 Custody and Neglect petition on May 23rd.  The judge ruled
 from the bench and vacated the OTC and dismissed the neglect
 petition, however, my clients agreed to a stay of the
 vacating of the OTC and dismissal of the neglect petition
 until May 28th (in order for DCF to put the services back in
 the house).
 
 
 
 Thereafter, DCF filed a Motion on May 27th
 to extend the stay while they filed an appeal. The trial
 judge denied it, and the next day, DCF filed a Motion with
 the Appellate Court for a review of the denial of the
 Stay.  That action essentially continued the stay that
 should have been vacated on May 28th.  The parties filed
 briefs on DCF's motion for review of the stay and today
 the Appellate Court issued an order for the trial court to
 stay the order dismissing the neglect petition but to vacate
 the Order of Temporary Custody.
 
 
 
 The child should have been returned to the
 Respondent parents,however, DCF took a 96 hour hold on the
 baby even though the child has been in their custody and the
 appellate court denied their request to extend the OTC. 
 Has anyone ever dealt with this type of situation?  It is
 our position that DCF had a chance to present its claims as
 to imminent physical harm at the trial level and they lost,
 and then also presented their argument as to the appellate
 court staying the order and they lost again.  My client
 should not have to go through another trial on the same
 facts and issues.  Any advice is appreciated.  Thank 
 you.
 
 
 Jennifer
 
 Jennifer M.
 Celentano, Esq. 
 Law Offices of Jennifer M.
 Celentano, LLC P.O. Box 512 North Haven, CT 06473
 Tel: (203)
 605-1111
 
 
 Fax:(203) 907-1367
 Email: [log in to unmask]
 www.celentanolaw.com
 
 
  
 
 The information in this
 e-mail transmission is ATTORNEY PRIVILEGED AND CONFIDENTIAL.
 The information is intended only for the use of the Person
 named above. If you are not the intended recipient, you are
 hereby notified that any disclosure, copying, distribution
 or the taking of any action in reliance on the contents of
 this e-mail is strictly prohibited. If you have received
 this e-mail in error, please notify us by telephone
 immediately. Thank you.
 
 
 
 
 
 

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