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Conn. Practice Book § 34a-21

Court-Ordered Evaluations

activein force · 2019-01-01 – presentact-effective-date

(a) The judicial authority, after hearing on a

motion for a court-ordered evaluation or after

an agreement has been reached to conduct such

an evaluation, may order a mental or physical examination of a child or youth. The judicial

authority after hearing or after an agreement has

been reached may also order a thorough physical

or mental examination of a parent or guardian

whose competency or ability to care for a child or

youth is at issue.

(b) The judicial authority shall select and

appoint an evaluator qualified to conduct such

assessments, with the input of the parties. All

expenses related to the court-ordered evaluations

shall be the responsibility of the petitioner; however the party calling the evaluator to testify will

bear the expenses of the evaluator related to testifying.

(c) At the time of appointment of any court

appointed evaluator, counsel and a representative of the court shall complete the evaluation

form and agree upon appropriate questions to be

addressed by the evaluator and materials to be

reviewed by the evaluator. If the parties cannot

agree, the judicial authority shall decide the issue

of appropriate questions to be addressed and

materials to be reviewed by the evaluator. A representative of the court shall contact the evaluator

and arrange for scheduling and for delivery of the

referral package.

(d) Any party who wishes to alter, to update, to

amend or to modify the initial terms of referral

shall seek prior permission of the judicial authority.

There shall be no ex parte communication with

the evaluator by counsel prior to completion of the

evaluation, except that the evaluator conducting

a competency evaluation of a parent or guardian

may have ex parte communication with said counsel of a parent or guardian prior to the completion

of the competency evaluation.

(e) After the evaluation has been completed

and filed with the court, counsel may communicate with the evaluator subject to the following

terms and conditions:

(1) Counsel shall identify themselves as an

attorney and the party she or he represents;

(2) Counsel shall advise the evaluator that with

respect to any substantive inquiry into the evaluation or opinions contained therein, the evaluator

has the right to have the interview take place in

the presence of counsel of his/her choice, or in

the presence of all counsel of record;

(3) Counsel shall have a duty to disclose to

other counsel the nature of any ex parte communication with the evaluator and whether it was substantive or procedural. The disclosure shall occur

within a reasonable time after the communication

and prior to the time of the evaluator’s testimony;

(4) All counsel shall have the right to contact

the evaluator and discuss procedural matters

relating to the time and place of court hearings or

evaluation sessions, the evaluator’s willingness to

voluntarily attend without subpoena, what records

are requested, and the parameters of the proposed examination of the evaluator as a witness.

(f) Counsel for children, youths, parents or

guardians may move the judicial authority for

permission to disclose court records for an independent evaluation of their own client. Such evaluations shall be paid for by the moving party and

shall not be required to be disclosed to the judi -

cial authority or other parties, unless the requesting party, upon receipt of the evaluation report,

declares an intention to introduce the evaluation

report or call the evaluator as a witness at trial.

History

(Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 21, 2010, to take effect Jan. 1, 2011; amended June 15, 2018, to take effect Jan. 1, 2019.)

Provenance

Source
jud.ct.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
ec2c69868195bec8fd9f17bdb7563e4602041f5714932e4ca9a08800317137ff
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