A therapist is a skilled professional who provides mental health care and discusses sensitive personal information with their clients. For a therapist who counsels children, there is an added layer of responsibility as they are mandated reporters legally required to report any suspicions of potential abuse and neglect.
As a result, the Connecticut Department of Children and Families (DCF) could open an investigation into your therapy practice if they believe you have failed to report a suspicion of abuse and neglect. Attorneys from Mark Sherman Law can help Norwalk therapists in DCF investigations know their rights and responsibilities as well as build their defense.
Therapists deal with difficult topics when providing psychiatric care to their patients. Children, in particular, may have difficulty expressing themselves and exploring what is going on at home, in school, or in other spaces.
You may be knowledgeable and take a cautious approach to child therapy, but DCF can still investigate you and the care you provide. Specifically, DCF can accuse you of failing to report abuse as a mandated reporter under Connecticut General Statutes § 17a-101.
Failing to report abuse or neglect means you did not notify DCF or law enforcement despite having reasonable cause to suspect or believe that abuse or neglect is occurring. Reasonable cause can be subjective based on your experience, what you observe in sessions with a child patient, and the facts, but Connecticut General Statutes § 17a-101b requires notification as soon as practicable and no later than 12 hours after your suspicion or belief arises.
You may be aware that your duty of confidentiality to your patients would normally prevent you from disclosing this information, but you must report suspicions in order to protect a child’s welfare. Ultimately, an attorney can help Norwalk therapists understand why a DCF investigation has begun and what they must do next.
Our attorneys can fulfill several roles for you, from confidant and support system to legal representative and litigator. For a therapist under investigation by DCF, we can use our experience and familiarity with the agency’s processes to protect you from the worst consequences.
For example, a failure to report can result in a misdemeanor arrest, for either not reporting at all or unreasonably delaying the required notification. However, the same misdemeanor can become a felony charge with greater penalties if it has happened more than once or if there is an intentional attempt to cover up a therapist’s suspicion.
Your notes and records may illustrate what you observed, but you should consider how much you share with the agency. We can advise you on what you need to disclose to DCF as well as what your obligations are to release client information at all; for example, DCF must have a signed release from your patient’s parent or guardian.
Should an investigation proceed, you can face criminal charges and be placed on leave by your employer. You can even lose your license to practice, if convicted of a crime. You are not alone. As a Norwalk therapist in a DCF investigation, we can make sure that you are prepared with the facts and a solid legal argument.
As you fulfill your professional responsibilities, you should be able to treat patients without fear of being persecuted. With Mark Sherman Law defending you from DCF and helping to prevent a possible criminal investigation, you can continue working with your patients.
Norwalk therapists in DCF investigations can find out more about what we do by reading over 300 client reviews on Avvo.com. If you are under investigation and need help, contact us to schedule a consultation.
