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Showing posts with label #RULES COMMITTEE MEETING. Show all posts
Showing posts with label #RULES COMMITTEE MEETING. Show all posts

Tuesday, May 9, 2017

CHANGES TO CT PRACTICE BOOK SEC. 25-60 RE FAMILY SERVICES EVALUATIONS PUT LITIGANTS AT RISK!

PAGE 42-43 SUGGESTED PRACTICE BOOK REVISION-THIS WOULD BE ADDED TO SECTION 25-60 ON FAMILY COURT PRACTICE AND POTENTIALLY RESTRICT LITIGANTS' ACCESS TO VITAL INFORMATION NECESSARY TO ARGUE THEIR CASES!  SEE BELOW THE SUGGESTED ADDITION:


"(d) The file compiled by the Family Services Unit in the course of preparing any mediation report or conflict resolution conference report shall not be available for inspection or copying unless otherwise ordered by the judicial authority. The file compiled by the Family Services Unit in the course of preparing an evaluation or study conducted pursuant to Section 25-61 that has been completed and filed with the clerk in accordance with subsection (b) shall be available for inspection only to counsel of record, guardians ad litem, and the parties to the action to the extent permitted by any applicable authorization for release of information; and further provided that copies of documents, notes, information or other material in the file shall only be provided to such individuals if they make the request in writing and certify that it is requested for legitimate purposes of trial preparation and/or trial proceedings in the case in which the evaluation or study was filed. For purposes of this section, the word ‘‘file’’ shall include any documents, notes, information or other material retained by the Family Services Unit in any format.

(e) Any information or copies of the file disclosed pursuant to this section shall not be further disclosed unless otherwise ordered by the judicial authority or as otherwise authorized in this section." 

THE CT JUDICIAL BRANCH'S COMMENTARY ON THIS SECTION'S INCLUSION:

COMMENTARY: The changes to this section clarify what information from Family Services files compiled in connection with the reports, evaluations and studies under this section are subject to inspection and copying and by whom, to whom those copies can be provided, and for what purpose can they be requested. The changes also provide that any information or copies disclosed may not be further disclosed except as otherwise ordered or authorized.* 

*In other words you can be subjected to endless, unnecessary obstruction to your access to vital evidence in your case.  While issues of confidentiality regarding certain documents is important, I think the wording of this revision is so careless it could end up restricting family court litigants from accessing important information they need for their own cases.  If the purpose of this revision is to safeguard confidentiality, it must be rewritten to ensure that it does not inadvertently end up cutting off the parties themselves from being able to review important documents in their cases.  As it looks now, the way this revision is worded, the latter could very easily happen.

UPCOMING PUBLIC HEARING ON PRACTICE BOOK REVISIONS! MAY 15, 2017!


NOTICE

Public Hearing on Practice Book Revisions Being Considered by the

Rules Committee of the Superior Court


On May 15, 2017, at 10:00 a.m., the Rules Committee of the Superior Court will conduct a public hearing in the Supreme Court in Hartford for the purpose of receiving comments concerning Practice Book revisions that are being considered by the Committee. The revisions proposed by the Rules Committee are posted on the Judicial Branch website at http://www.jud.ct.gov/pb.htm.

Pursuant to subsection (c) of section 51-14 of the Connecticut General Statutes, the Supreme Court has designated the Rules Committee to conduct this public hearing also for the purpose of receiving comments on any proposed new rule or any change in an existing rule that any member of the public deems desirable.

Comments may be forwarded to the Rules Committee by email at Joseph.DelCiampo@jud.ct.gov or may be forwarded to the Rules Committee at the following address and should be received by May 11, 2017:

Rules Committee of the Superior Court 
Attn: Joseph J. Del Ciampo, Counsel 
P.O. Box 150474
Hartford, CT 06115-0474



Each speaker at the public hearing will be limited to five minutes. Anyone who believes that they cannot cover their remarks within that time period may submit written comments to the Rules Committee. If written comments are submitted, ten copies should be provided. 

DIRECT LINK:
http://jud.ct.gov/Publications/PracticeBook/pblj_7843.pdf