CT · rules
Conn. Practice Book § 34a-21
Court-Ordered Evaluations
(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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