DCF: 48-10-1

Policy Manual
ADOPTIONS
Availability of Child

48-10-1
Children Eligible for Adoption

What Child Should Be Considered for Adoption Any child who has been deprived of care by his natural parents, who has the capacity to form a relationship with new parents, and who can benefit by becoming a member of a family, should be considered for adoption.

In addition, the child must be legally free to be adopted.

When Is a Child Legally Free A child is legally free when:

•for committed children, petitions are filed and then granted by the Superior Court for Juvenile Matters; the Commissioner the Department is named statutory parent; and the order terminating parental rights has been signed by the judge and the appeal period has passed

•petitions are filed and granted in Probate Court if the child is not committed and the parents are voluntarily consenting to adoption.

Adoption for the Committed Child Adoption is considered in the following instances after one year for the committed child:

•who has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child

•whose parent has been found by the Superior Court to have neglected or uncared for the child in a prior proceeding and the parent has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child such parent could assume a responsible position in the life of the child

•who has been denied, by reason of an act or acts of parental commission or omission, the care, guidance or control necessary for his/her physical, educational, moral or emotional well-being

•who has no ongoing relationship with the parent, which means the relationship that ordinarily develops as a result of a parent having met on a day to day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of such parent-child relationship would be detrimental to the best interests of the child.

Waiver of One Year Waiting Period The court may waive the requirement that one year expire prior to termination of parental rights, if it finds from the totality of the circumstances surrounding the child, that such waiver is in the best interests of the child.

Also, abandonment of a child under the age of six (6) months shall constitute prima facie evidence that a waiver is necessary to promote the best interest of the child, provided:

•the parent has neither had nor initiated contact with the child or the guardian or caretaker of the child for at least sixty (60) consecutive days and

•the whereabouts of the parent are unknown, despite a diligent search by the Department, and the Department has filed an Affidavit Regarding Diligent Search For The Parent (DCF-2037), indicating the efforts used to locate the parent. See Volume II, 49-8, page 4 of 4, for sources of information to aid in locating birth parents.

Note: CONN. GEN. STAT. §17a-112.

When Is Adoption Not Appropriate Adoption is considered not suitable for the committed child:

•who cannot be freed in Superior Court or Probate Court for adoptive placement, or

•who is over the age of fourteen (14) and who will not agree to an adoptive placement.

Connecticut Department of Children and Families Issued: March 1, 1994





Content Last Modified on 9/19/2007 8:49:00 AM