The hearing officer’s grounds for dismissal
admission to the Voluntary services program is within the discretion of the Commissioner pursuant to Conn. Gen. Stat §17a-11, and the Commissioner exercises her discretion through the application of the regulations and DCF Policy;
because court proceedings were pending in Superior Court for Juvenile Matters, and Reg. §17a-11-18(e) provides: “[a] request for a Voluntary Services Hearing shall be stayed, denied or dismissed by the administrative hearings unit if court proceedings are pending in any court which may address the issue of services to be provided to the child or youth.”
because Ms. Martin did not meet eligibility requirements of Reg. Conn. State Agen. §17a-11-8 which provides that if the child is the subject of a pending petition alleging that he is neglected, abused or uncared for, he shall not be eligible for voluntary services; and also because DCF Policy 37-3 outlines the requirements for eligibility and clearly states that “[c]ases shall not be accepted under the Voluntary Services Program if the child/youth or the parent/guardian is the subject of a pending petition alleging neglect, abused or uncared for [and/or] requires child protective services”.