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FWSN-advisorybd-repo.. - The Connecticut Juvenile Justice Alliance

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proof for a finding that a child has violated a court order should be stated as “clear and<br />

convincing evidence”, consistent with the adjudicatory standard of proof for the original<br />

petition which is “clear and convincing evidence.”<br />

This subsection of the act is silent as to how the child ordered into protective custody and<br />

placed in a CSSD staff-secure facility upon adjudication will be transported. This creates<br />

a lack of uniformity and clarity. <strong>The</strong>re also is no provision in this subsection for ensuring<br />

that a child who is ordered to remain in the community after the court makes a finding of<br />

a violation of a valid court could be subject to a new or existing order of supervision or<br />

commitment in order to allow for follow up.<br />

Chart 6 describes the Court Process for Violation of Court Order.<br />

Chart 6<br />

COURT PROCESS –VIOLATION OF COURT ORDER<br />

Petition filed alleging violation of court order<br />

Hearing<br />

No violation found<br />

Violation found<br />

Dismissed & Erased<br />

Refer child to a less restrictive<br />

alternative<br />

Determine if there a less restrictive alternative<br />

appropriate to the needs of the child & community<br />

• Temporarily place child in staff<br />

secure CSSD facility

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