A Department of Children and Families (DCF) investigator showing up on your doorstep can be scary. That is why it is essential to understand your options from the beginning of the investigative process.
Our knowledgeable attorneys at Mark Sherman Law can help you understand the best approach to fighting back against intrusive DCF agents in Connecticut. Reach out to learn more about your rights to fair treatment.
In the state of Connecticut, you have the right to prohibit a DCF case worker from entering your home without a court order. You have the right to refuse to answer questions. You are also entitled to have a qualified DCF defense attorney present during questioning, if you chose to answer questions.
To preserve your rights, we also suggest you document every encounter with agency personnel, including their name(s), date, time, and the nature of the discussion. This will help you fight allegations in a DCF case in Connecticut.
DCF receives numerous reports of neglect and abuse each year, but not all of them have grounds to warrant investigations and or substantiations. In Connecticut, if you believe the allegations are false or there is some confusion, you have the right to defend yourself and your family. You may be able to prove that your children are safe, well cared for, and that you can provide for their physical and emotional needs.
You should also have evidence that demonstrates you have resolved the situation that led the agency to investigate. If DCF has mandated services, you can show documentation that you have completed recommended support services or are actively pursuing reunification measures.
If the DCF Commissioner makes a decision you disagree with, you have the legal right to file an appeal. To do so, you must notify the department in writing and include your name, address, and the reasons you believe their conclusion is wrong.
Remember that you only have 30 days to contact the DCF Fair Hearing Unit to request a hearing. However, if you believe the state’s case worker violated your constitutional rights through unlawful actions that exceed their authority, you may have legal grounds to sue under federal statute 42 U.S.C. § 1983.
At the Law Offices of Mark Sherman, we are dedicated to fighting for your rights, and we are the only firm in the area with a former DCF investigator on staff. If an agent has contacted you, do not delay reaching out.
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