When the Department of Children and Families (DCF) conducts an investigation and substantiates an allegation of abuse, neglect, or lack of care, they may issue a neglect petition. The petition will allege that you are not caring for your child properly. DCF sometimes also brings a petition to remove the children from the home or force parents to agree to certain restrictions.
You will need experienced legal counsel when fighting a Darien DCF neglect petition. The skilled attorneys at Mark Sherman Law have substantial experience representing parents in these proceedings.
Connecticut General Statutes §46b-120 defines child neglect in the State of Connecticut. DCF may accuse a parent of neglect, if the agency has evidence showing that a parent:
This broad definition makes it easy for DCF to accuse a parent of neglect.
The law does not require a parent to intend to harm a child to be guilty of neglect. A parent could be inadvertently neglectful under the law and face many of the same consequences a parent might face if they intentionally hurt their child.
If you do not believe that you are a negligent parent and want to dispute the allegations in a DCF petition, contact an experienced Darien DCF defense attorney immediately. Our skilled legal professionals can prepare an answer to the petition and present a persuasive case to the court showing that you are a responsible and capable parent.
A neglect petition will document the actions DCF wants the court to take in connection with your case. In the neglect petition, DCF may seek protective supervision of the family, or it may seek to remove the children from the parents and place them with a relative or in foster care. Both these outcomes mean continued involvement from DCF, so it is critical to work with a seasoned, aggressive, DCF defense attorney in Darien.
To elaborate, protective supervision means that the children remain with the parents but DCF can enter the home, observe the family, and check on the children both at home or at school. DCF will ask the court to order the parents to take steps to remediate the problems that DCF has identified. This may include psychological testing and counseling, substance abuse evaluations and treatment, parenting classes, and other services.
Removing or “committing” the children means stripping the parents of their right to be the guardians of their own children. The children will live elsewhere under the supervision of a relative or in a foster home. The court will issue orders that the parents must comply with before they can apply to the court to have their children return to their care.
Sometimes, parents agree that the allegations in the petition are correct, and they want to work with DCF to improve the situation for their children. In such cases, skilled legal counsel can often negotiate an acceptable resolution that allows the children to remain in the home.
When you disagree that there has been neglect in the home, you can file an answer to the petition and deny the allegations. Doing this forces DCF to prove their neglect allegations in court with evidence and witnesses. Your Darien attorney can also present evidence and witnesses to support your position.
After hearing all the evidence, the judge may rule that DCF has not proven their allegations. If this occurs, the case will be closed, and DCF will no longer be involved. If the Court rules that there is some merit to the allegations, it will decide the next steps to best protect the children.
You must take DCF neglect petitions seriously. The consequences of a neglect petition can be dire because of the possibility that your children may be removed from your home.
Successfully fighting a DCF neglect petition in Darien requires skilled, knowledgeable, and experienced legal help. Read our firm’s reviews on our Avvo profile and then call us for aggressive legal representation.
