The role of a DCF lawyer is to help parents and caretakers take care of all the issues they have with DCF. A DCF lawyer can stop DCF from violating your and your child’s constitutional rights. The best DCF lawyer will be there during every interview, home visit, and contact you have with DCF.
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· Guide to Dependency Cases (DCF) When the government interferes with the relationship between a parent and a child, it can be just as devastating- if not more so- than a criminal arrest. Dependency proceedings, much like criminal cases, involve fundamental rights (your natural right to your child) - and you have rights.
· At The Christie Law Firm, LLC, our DCF neglect petition attorney has experience working on Connecticut DCF cases and providing families like yours with the legal guidance and representation they need. To learn more about your options and to get support during this challenging time, call our firm at (860) 461-7494, send us a message online, or ...
4. Do “DCF-proof “ your home. DCF will come to your home to interview you and your children, but they are also looking to see how you keep your home. DCF is not interested in décor and color schemes, but they are looking for physical signs of neglect in the home.
DCF screening of child abuse or neglect reports. The purpose of the screening process is to gather sufficient information to determine whether the allegation meets the criteria of suspected abuse or neglect, and whether there is immediate danger to the safety of a child. Upon receiving a report, DCF immediately begins to “screen“ the report .
The role of a DCF lawyer is to help parents and caretakers take care of all the issues they have with DCF. A DCF lawyer can stop DCF from violating your and your child’s constitutional rights. The best DCF lawyer will be there during every interview, home visit, and contact you have with DCF. Your DCF attorney should step in when your DCF social worker asks you or your children invasive and sensitive questions.
Hiring a DCF attorney can help you take back the control and help you move on with your life.
For a non-emergency investigation, DCF will try to see the reported child within 3 days.
DCF will try to see the reported child within 2 hours when DCF decides to do an emergency investigation.
Parents and caretakers have the right to to refuse DCF from entering their home. Parents and caretakers also do not have to speak to DCF. But when parents or caretakers refuse to work with DCF, it can seriously hurt them. DCF can take their refusal to cooperate as a sign that they are guilty of the child abuse or neglect allegations. Then, DCF can remove the child from the home, or get the alleged perpetrator to lose their job.
Your DCF investigator will want to do one-on-one interviews with all the children and adults involved in the case. They do this so that parents do not influence a child’s story. Parents should remain calm and be polite even when they become frustrated with DCF. If a social worker feels like a parent is being aggressive or hostile, they may be less understanding of the parent’s situation.
Unfortunately, some families cannot find one in time. Parents can still hire a lawyer after the DCF investigation is over to get a supported allegation reversed.
Guide to Dependency Cases (DCF) When the government interferes with the relationship between a parent and a child, it can be just as devastating- if not more so- than a criminal arrest. Dependency proceedings, much like criminal cases, involve fundamental rights (your natural right to your child) - and you have rights.
When The Department of Children and Families (DCF) files a Shelter and/or Dependency Petition, they must allege that a child is: Abandoned, abused, neglected.
If the child was sheltered outside of their home, this hearing should happen within 21 days.
Typically, the court will try to place children with family or friends (the “least restrictive setting”), if possible. A person with whom a sheltered child is placed may need to submit to a home study (done by DCF to ensure the home is suitable for the child) and comply with a safety plan.
No person is required to consent to a dependency petition and case plan and can deny the allegations in the petition. If there is no consent, then there will be an Adjudicatory Hearing, which is somewhat like a trial. There are no juries in dependency cases and the judge is always the fact-finder.
If the child remains in an out-of-home placement, then the child must be adjudicated dependent at this stage. If adjudication is withheld, and the court later finds that the parent is not compliant with the court’s terms, the court can convert the withhold of adjudication into an adjudication.
In order for the DCF to win its case, it must meet a relatively low burden of proof — by a preponderance of the evidence. This means that the DCF must show the court that it is more likely than not that the child is a victim of neglect. Because this is a low standard, it can make defending yourself against a DCF petition relatively challenging. For this reason, and others, working with an attorney who can gather evidence, build your claim, and represent your interests is critical.
The first thing that you should do if you receive a DCF neglect petition is to call an attorney who is experienced in cases involving DCF.
At The Christie Law Firm, LLC, our DCF neglect petition attorney has experience working on Connecticut DCF cases and providing families like yours with the legal guidance and representation they need. To learn more about your options and to get support during this challenging time, call our firm at (860) 461-7494, send us a message online, or visit our office in person.
When DCF arrives, start the conversation yourself by asking to be told what is in the investigation. You should ask them to read it to you as they will often have the report with them. Do not start by answering their questions. Insist on knowing what is being said. This way you will not how to tailor your answers. Also, be sure to get the name of the DCF social worker, the social worker’s supervisor, and the supervisor’s program manager and keep that information for your records.
Yes, this is easier said than done. You are being accused of being a bad parent, the accusations may be baseless, and now DCF is at your house. Anger can cause you to lose focus on the matter at hand, dealing with the investigation. If you deal with the concerns effectively, DCF may be inclined to close the case with no issue. If you remain angry and they can’t get you to deal with the issues they may opt for further intervention.
DCF will determine if there is an immediate concern for child safety, and if a “report able condition” exists (i.e., there is information that a child may have been abused and/or neglected by a caregiver, or that a child may have been or may be at risk of sexual exploitation or human trafficking).
The purpose of the screening process is to gather sufficient information to determine whether the allegation meets the criteria of suspected abuse or neglect, and whether there is immediate danger to the safety of a child. Upon receiving a report, DCF immediately begins to “screen“ the report .
Reports that do not meet DCF’s criteria of suspected abuse or neglect are s creened-out. DCF will send the family a written notification. The mandated reporter will be sent a copy.
Actions DCF takes when child abuse or neglect is reported . When the Department of Children and Families (DCF) receives a report of child abuse or neglect from a mandated reporter or another concerned citizen, DCF is required to evaluate the allegations and determine the safety of the children.
How quickly DCF responds is based upon the severity of the allegations of abuse or neglect. Emergency Response – DCF will assess child safety within 2 hours, visit and interview family within 24 hours, and may take up to 5 business days to complete other response activities and the report. Non-Emergency Response – DCF will assess child safety ...
Person believed to be responsible for the abuse or neglect was not a caregiver. DCF Intervention is not needed to safeguard child (ren)’s safety and well-being. DCF does not open a new case but family may apply for DCF voluntary services, or DCF may refer family to community services.
What happens next? It depends on what the investigation reveals. If the investigator believes that the report is baseless, then the report is likely to be closed.
What happens if my children are sheltered? Then you now part of a "dependency" case and you should seek out the services of an attorney familiar with such cases. Certain rules and statutes apply to these types of cases, and certain divisions within the court system handle such cases.
Other Considerations This guide in no way covers every situation, scenario, or circumstance. It is intended only as a general guide. The worst-case scenario for the outcome of a DCF case is the termination of your parental rights, which has often been called the "civil death penalty." Such cases are relatively rare, but do occur.
Florida Department of Children and Families ( DCF) cases start with allegations that are forwarded to law enforcement or directly to DCF. An investigator is sent out to visit the child, parents, and any other adults who may have relevant information regarding the allegations. Usually, at that time, an investigator will not only interview ...
It is the role of the Florida Department of Children and Families to take each allegation seriously and to ensure that claim is investigated to ensure the safety of all individuals involved. Being involved in an investigation is stressful and causes many to worry about losing legal rights to a child or a grandchild.
While these types of investigations can involve criminal matters like domestic violence, substance abuse, and child abuse, the DCF investigation and resulting case are not criminal charges. Under Florida Statutes Chapter 39, the State of Florida has a duty to children and vulnerable adults to protect them from abuse, neglect, ...
The earlier that a Florida Family Law Attorney can act in your behalf in a DCF investigation, the more effective the attorney can be to helping to resolve issues and bring resolution to the situation as quickly as possible.
1. The Intake Call – DCF receives a call or written communication from an individual or from a mandated reporter that describes a possible incident of child neglect or abuse. Before proceeding to the next step, DCF intake personnel determine whether the alleged neglect or abuse involved a parent or caregiver, where other forms of abuse – such as child-on-child bullying – falls outside of DCF’s scope. Intake staff also determine whether the conduct described by the reporter, if true, would rise to the level of abuse or neglect, where questions are often raised about spanking and parental discipline vs. child abuse .
Consulting Services During a Family Assessment – Should DCF enter a supported findings of neglect or abuse, or a finding of substantiated concern, a DCF social worker is typically assigned to a family to perform a family assessment. We advise clients undergoing a family assessment with a focus on mitigating and minimizing harm to the client’s interest and family. Services included the attorney’s presence in the home for DCF visits and interviews, as well as direct contact between the attorney and DCF social workers and supervisors to mitigate concerns and reduce client exposure.
Consulting Services During a DCF Investigation for Child Neglect or Abuse – The first days of a DCF investigation are often critically important. Lynch & Owens advises clients on interacting with DCF during this period, particularly the response worker, including home visits, interviews with children and family members, and risk mitigation. During an investigation, Attorney Levy will travel to the client’s home and be present during the DCF investigator/social worker interviews. In addition, the attorney will speak and correspond directly with DCF investigators and supervisors in writing and by phone, taking affirmative steps to address DCF’s concerns in a manner that reduces the likelihood of a supported finding of neglect or abuse and/or substantiated concern.
When a parent or caregiver is investigated by DCF for neglect or abuse of a child, early intervention is often crucial. Following a DCF report of neglect or abuse made pursuant to G . L. c. § 51A there are often multiple opportunities early in the investigation process for the agency to “screen out” the allegations of neglect or abuse, or to enter an “unsupported” finding of neglect or abuse against the caregiver following an investigation. For cases in which an “unsupported” finding by DCF is not realistic, a skilled attorney can mitigate the exposure experienced by a client, thereby avoiding some of the severe consequences that can accompany DCF’s continued involvement with the client and his or her family.
Engaging DCF to avoid DCF referrals to law enforcement for criminal charges of neglect or abuse. Engaging DCF for services the caregiver may participate in to limit the duration of DCF involvement with the family. Avoiding care and custody proceedings in which DCF seeks emergency custody of children.
Following the entry of a supported finding of neglect, a caregiver may appeal DCF’s finding by requesting what is known as a Fair Hearing. An attorney’s representation of a client in a fair hearing is similar to representation in a formal court proceeding. However, succeeding in a fair often turns on the attorney’s knowledge of the complex web of administrative rules that DCF operates under Code of Massachusetts Regulations Title 110, as well as the state’s statutory scheme. (Although caregivers subject to a finding of substantiated concern do not have a clear right to an appeal through the fair hearing process, there may be mechanisms for obtaining a review of the finding through a separate grievance process.)
If a investigation lasts substantially longer than 15 days, a caregiver’s attorney often engages in a careful and respectful dialogue with DCF, as the attorney seeks to guide the investigation towards a positive outcome while acknowledging the strained resources and difficult mission that DCF investigators face. (It is important to recognize that Massachusetts has the highest rates of neglect of abuse in the United States, and DCF resources are often stretched thin and chronically underfunded.)
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Many Connecticut law firms don’t like dealing with DCF.
A: Absolutely. DCF has the power to remove your children from your home, interfere with the right for you to reside in your home...
Here’s what DC will not explain: that you have a right to not let DCF into your home, a right to an attorney by your side during at all stages of your Connecticut DCF investigation, and a right to negotiate or refuse to sign their safety plans and service agreements.
A: You do not have to speak with DCF agents. However, there are consequences for turning them away. The best way to proceed is to just take...
The Connecticut Department of Children and Families (more commonly known in this State as “DCF”) is out of control. It’s CYA all the way with this agency. They are knocking on doors unannounced, intruding on the privacy of thousands of Connecticut families, and pulling kids out of classrooms to interrogate kids without informing their parents.
A: No, but if you deny DCF access to your home, then DCF has the option of taking aggressive temporary custody action like imposing...