Family Services Issue Focused Evaluations: Part 1

Introduction

Raising children is not easy. However, caring for children when parents are no longer together can be even more difficult. Although parents may try to work out their differences regarding the care of their children, visitation schedules, or parenting responsibilities, this is not always possible. In some instances, the Court’s involvement is needed to help make the final decisions. Family Services offers the Issue Focused Evaluation (IFE) as a way of helping parents solve a specific concern through an evaluation that limits the extent and time the family is involved in the process.

 

For many parents, the evaluation process becomes a learning experience that helps them settle their differences without the need for a court hearing. This resolution also works towards the development of a healthy parenting arrangement that contributes to the positive growth and development of the children.

 

Family Services FAQs: Part 7

19.  I have been referred to Family Services for a Comprehensive Evaluation. What can I expect at my first appointment? 
Your first appointment with the Family Relations Counselor may be a joint meeting with the other parent of your child (or children). At this appointment, you will talk about the concerns you have about your children and answer concerns that the other parent may raise.

You may also be asked to sign a release of information form that allows the Family Relations Counselor to collect information from other sources that are involved with your family, such as the children’s school, pediatrician, mental health professionals, and others.

It is important to:

• Be on time for your scheduled appointment.
• Bring your filled-out Comprehensive Evaluation Questionnaire. This form will be mailed to you before your first interview.
• Only bring your child(ren) to the appointment if the Family Relations Counselor has asked you to do so.

20.  What is a Family Civil Intake Screen?
When a dispute regarding custody or access is referred to Family Services, a Family Relations Counselor will ask both parents a series of questions to identify the level of conflict and complexity of issues between the parents. The screening includes questions about:

• current court orders
• past and present parenting concerns
• level of conflict between the parents

Some of the questions may not be about your case, but are asked of all parents who go through the screening process. This screen helps Family Services determine if mediation, conflict resolution conference, issue focused evaluation, or a comprehensive evaluation is the appropriate service to help the parents to resolve their conflict.

21.  I will be meeting with a Family Relations Counselor on a motion for child support. What can I do before the meeting to prepare? 
You should fill out a financial affidavit before meeting with Family Services. You can find this form at http://www.jud.ct.gov using the forms link on the right (JD-FM-6) You can also get this form at the Court Services Center in the courthouse. A Family Relations Counselor will help you and the other parent of your child (or children) to fill out a child support guideline worksheet.

 

Family Services FAQs: Part 5

13.  I am representing myself in family civil court; can I get general information about the process online? 

Yes, at http://www.jud.ct.gov click on the Self-Help link on the left. Then click on Representing Yourself. The website contains information on where to get assistance and answers to additional frequently asked questions. You can also click on the Publications Link under Self-Help and click on Family Publications for additional information.

 

14.  I have questions about divorce and custody. Can I contact a Family Services office for general information? 

Yes, you may contact a Family Services Office for help with your questions; however, the office cannot give legal advice. You can find your local Family Services’ Office by going to http://www.jud.ct.gov. Click on the Directories on the left. Then click on Family Services.

 

15.  What does Family Services offer its clients in Family Court? 

• Negotiation
• Conciliation
• Mediation
• Pre-Trial Mediation Settlement
• Conflict Resolution Conferences
• Issue Focused Evaluations
• Comprehensive Evaluations

 

Mediation

A trained mediator can help you and your spouse agree on major issues, including property division, child custody, child support payments, and a visitation (or parenting time) schedule. You may want to use one of the following resources to find a divorce mediator in your area:

 Court Annexed Mediation Program – A list of senior judges and judge trial referees who will mediate for free is available at the clerk’s office in every Judicial District courthouse.

 Connecticut Council for Non-Adversarial Divorce – Keeps a list by geographical area of members who mediate for a fee. Their toll free  number is 1-888-236-2236.

 Special Masters – In many courts you may be able to schedule your case before local attorneys who are knowledgeable in family matters and who will try to help you settle your disputes for free. Check with your local caseflow coordinator or clerk’s office to see if this option is available.

 

The 90-Day Waiting Period: Divorce and Children’s Issues

Attend Parenting Education Classes

 If you have children, you must take part in a court-approved parenting education program. You must do this within 60 days of the Return Date on your Summons. The required form and a list of court approved parenting education program providers are available at the court clerk’s office, at the Judicial Branch’s CSSD Family Services Office, at the Court Service Center, and on the Judicial Branch website at http://www.jud.ct.gov.

 Special Issues with Children

 If you and your spouse have children, it is very important to make a parenting plan to work out parenting responsibilities. Your plan should address custody and visitation. A judge will decide custody based on what the judge thinks is in the best interest of the child. Usually these orders are the result of agreements between the parents about where the children will live and how much time they will spend with each parent.

 The amount and type of visitation (also called parenting time or access) may depend on the age of your child and how close you live to the other parent. Visitation may also depend on the kind of relationship you and the other parent have with your child.

 Financial support of your child is also important. You and your spouse should try to agree on child support payments, your responsibilities for medical and health insurance, and for medical bills not covered by insurance.

 

Facts About Divorce’s Impact on Children

Facts

•  About 40 percent of all children in the United States today are children of divorced parents; 20 to 25 percent of them show signs that they are not dealing well with this change in their family structure and are at risk for negative outcomes, including substance abuse.

                  

• Children of divorced parents are more likely to engage in substance use and have substance-using friends than children from two-parent homes.

                         

• In one study, 54 percent of sixth and seventh graders with divorced parents use alcohol compared to 36 percent of children with parents who never divorced.

                         

• Forty-nine percent of premarital cohabitations are likely to break up within 5 years, compared to 10 percent of those in a first marriage; 62 percent of cohabitations end after 10 years, while the chance of a first marriage ending at that point is 33 percent.

                         

• In 2005, an estimated 680,000 youths (2.7 percent) aged 12 to 17 had ever been in foster care.

 

• Youths who have ever been in foster care had higher rates of past year use of any illicit drug than those who were never in foster care (33.6 vs. 21.7 percent). The rate of past year alcohol use was similar for these two groups.

 

• Youths who have ever been in foster care had higher rates of need for substance abuse treatment than youths who have never been in foster care. More youths who have ever been in foster care were in need of treatment for alcohol or illicit drug use in the past year (17.4 percent) compared with youths who have never been in foster care.

 

• Two out of three children placed in foster care are reunited with their birth parents within 2 years. But a significant number spend long periods of time in foster care while waiting for adoption or other permanent arrangements

 

• The Orphan Foundation of America estimates that more than 25,000 foster youth age out of State care or run away every year. (Estimates from several other government and private sources range from 20,000 to 30,000.)

 

• In the only nationally representative study of youth discharged from foster care that has been published (1991, based on 1988 data), 39 percent were emotionally disturbed, 50 percent had used illegal drugs, and 25 percent were involved with the legal system.

 

Child Protection Mediation, Part III

How is a Case Referred?

•  Cases may be referred at any time in the case after it is filed
• A case may be referred in court, at a case management conference, or at a case status conference

  

The Process Includes:

•  Completing the intake process with a Court Services Officer
• Obtaining the Judge’s approval

  

The Intake/Referral Process Includes:

•  Completing the intake/referral form
• Selecting a mediation team
• Signing an agreement to participate in mediation and a confidentiality agreement
• Scheduling a date to return to court

  

What Happens After the Mediation Session?

 If the parties reach an agreement, the parties put the agreement in writing. The agreement is then reviewed in court by the judge and, if approved, made part of the decision of the case. If the parties do not reach an agreement, they go back to court for the court to handle.

 

Child Protection Mediation, Part II

Who are the Mediators?

             Each mediation team has two members. Teams are available for each court location. The makeup of each team takes into account gender, cultural competency and area of  expertise.

             The teams include Court Services Officers, private attorneys and clinicians. The mediation teams receive approximately 50 (fifty) hours of training before they may take cases.

 

What Types of Cases may be Referred?

             Referrals for mediation are not limited to certain case types. Any child protection matter including neglect, termination, permanency review and guardianship cases may be referred.

 Case issues include, but are not limited to:

  Complex service and resource availability

 Maintaining on-going relationships, including visitation

 Achieving permanency for the child

 Critical need for placement stability

 Open adoption, as an alternative

 New trial court litigation on cases where an appeal is pending on other issues

 

Child Protection Mediation, Part I

What is Child Protection Mediation?

             Child protection mediation is a voluntary program that tries to solve problems without taking sides.

             The program is designed to add to Order of Temporary Custody Neglect Termination of Parental Rights and other types of case conferences involved with child protection.

  Child Protection Mediation is:

•  Purely voluntary
• Confidential
• Held only if all parties to the case agree
• Referred by the court, not ordered by the court
• Designed to cover any issues in dispute

  Locations and Telephone Numbers:

•  Juvenile Matters at Bridgeport, (203) 579-6544
• Juvenile Matters and Child Protection Session at Danbury,  (203) 797-4407
• Juvenile Matters at Hartford, (860) 244-7900
• Juvenile Matters at Middletown, (860) 344-2986
• Child Protection Session at Middletown, (860) 343-6456
• Juvenile Matters at New Britain, (860) 515-5165
• Juvenile Matters at New Haven, (860) 786-0337
• Juvenile Matters at Norwalk, (203) 866-9275
• Juvenile Matters at Rockville, (860) 872-7143
• Juvenile Matters at Stamford, (203) 956-5708
• Juvenile Matters at Torrington, (860) 489-0201
• Juvenile Matters at Waterbury, (203) 596-4202
• Juvenile Matters at Waterford, (860) 440-5880
• Juvenile Matters and Child Protection Session at Willimantic, (860) 456-5700

 

A Father’s Rights During Divorce: Overview

 SUMMARY

Fathers have the same legal rights as mothers in divorce cases involving child custody. Judges use the “best interest of the child” standard in awarding custody of minor children. If both parents agree, the statutes establish a presumption of joint custody. But testimony and other evidence can rebut this presumption.

Disputes about violations of custody orders are resolved by bringing the matter to the attention of the Superior Court, which has jurisdiction over such disputes. The court can use its mediation services to help resolve disputes, but ultimately it decides what the facts are and can modify a custody order or hold parents in contempt of court for violating custody orders.

Someone who believes the Superior Court treated him unfairly can appeal the decision to the Appellate Court, which can review the transcripts and other court records, receive written arguments from each side in the form of legal briefs, and hear oral arguments. Some disputes can ultimately reach the state Supreme Court.

A person who feels a Superior Court judge treated him in an unfair and unprofessional manner can also file a complaint against the judge with the Judicial Review Council. This Council has the authority to investigate complaints to determine whether the judge acted in accordance with the rules governing judicial conduct. If not, it can reprimand or censor the judge.