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
 

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