There can be serious consequences when the police determine you have placed a child at risk of harm. If you are taken into custody, i.e. arrested, on risk of injury charges, there is the potential for consequences far beyond the penalties associated with a criminal conviction. As a parent, you could also find yourself dealing with the Connecticut Department of Children and Families (DCF).
You must take Wilton DCF investigations after a risk of injury arrest seriously. These distinct proceedings are separate from your criminal trial, but the outcome of your case can change your relationship with your kids forever. At Mark Sherman Law, our dedicated attorneys are here to help you navigate this difficult situation.
The term “risk of injury” refers to the criminal charges set out in Connecticut General Statutes (“C.G.S.”) § 53-21. Under the law, you can face prosecution for your actions if they cause injury, risk injury, or impair the morals of children. More often than not, this offense relates to an action that causes or permits a child under the age of 16 to be in a situation where their life, health, or morals are at risk.
This language is deliberately broad, with the intention of criminalizing behavior that could put a child in physical or emotional jeopardy. Unfortunately, a side-effect of this broad terminology is that the police often make unwarranted arrests.
These issues can have implications beyond criminal prosecutions. If you are arrested on suspicion of risk of injury to a child, Wilton DCF agents can also initiate an investigation that could jeopardize your parental rights.
Long before investigations take place, the Wilton police will often notify DCF of a risk of injury arrest while they are still on the scene. It is not uncommon for agents to appear on the scene right away to assess whether or not your child is in immediate danger. In some situations, agents can place your child into temporary foster care without needing a court order. While this is not indefinite, it can have a dramatic effect on you and your family.
Police and prosecutors may review the evidence following your arrest and decide not to pursue charges. This is a best-case scenario for you, but it does not mean your DCF case will necessarily end.
DCF operates independently from the criminal justice system. Even if the state decides not to pursue prosecution, it does not limit how DCF investigators choose to proceed. This is because the state has to prove criminal charges against you beyond a reasonable doubt, but when it comes to DCF, the burden of proof is much lower when it comes to substantiating abuse or neglect.
The important thing to remember is that you need to continue defending yourself after a risk of injury arrest in Wilton for as long as the DCF examination is active. The good news is that our team of attorneys is here to guide you every step of the way.
Wilton DCF investigations after a risk of injury arrest are serious matters, and now is the right time to seek help. At the Law Offices of Mark Sherman, you can count on legal representation from a team that understands how to win. We are proud of our proven success and have over 300 verified reviews to show for it. Reach out today to learn how we can help.
