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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.