As a parent, any kind of interaction with the Department of Children and Families (DCF) can be distressing. This is especially true if you learn that you are facing allegations of neglect and abuse. In the most serious cases, DCF can take your children into temporary custody. You need a dedicated attorney who can help you fight for their return.
While Darien DCF may take your children during an investigation with serious allegations, you still have rights as the parent. You have the right to defend yourself against these allegations and petition for reunification. The right legal counsel can help you deal with this difficult situation in the best way available.
DCF investigators cannot seize children and place them into the state’s care on a whim. This is an uncommon outcome reserved for the most serious allegations of abuse or neglect. There are also different types of holds available to DCF, and understanding their differences can be helpful.
The first example is known as the 96-hour hold. DCF agents in Darien can take children during an investigation for this limited period of time without the need for approval from a judge, but only when certain circumstances apply. These agents need probable cause that a child is in imminent risk of harm in order for removal from the home to be lawful.
In addition to a 96-hour hold, it is also possible for a court order of temporary custody and a neglect petition to follow, that will require the removal of a child for longer than 96 hours. This might be on a temporary basis, or it could last indefinitely. The court has some flexibility in that they can place the child in the care of DCF or with a different family member, who is appointed as a foster parent. Judges will only take these steps when they are convinced it is in the child’s best interests to remove them from their home.
Having a child removed from the home in Darien during a DCF investigation can be upsetting, but it is rarely permanent. However, serious allegations could ultimately result in the loss of parental rights entirely.
In most situations, DCF and the Courts have the state goal of reunifying families whenever possible. The law requires that authorities develop something known as a permanency plan within 9 months of a child entering DCF custody. Whether there is reunification or not depends on the allegations. Professionals appointed by the state will review the case and make recommendations on how to proceed.
Thankfully, parents have the right to be heard. With the help of a seasoned attorney, it is often possible to successfully argue that reuniting the family is in the best interest of the child. If a parent or child over the age of 14 disagrees with the recommendations in the permanency plan, there is the opportunity to petition the court for a hearing to provide evidence that reunification is appropriate.
Having the government step in and remove your children from your home is a worst-case scenario for most parents. As distressing as this situation can be, it is important to remember that there are ways to challenge DCFs actions and argue for the reunification of your family. If you need help dealing with Darien DCF taking your children during an investigation, reach out to Mark Sherman Law as soon as possible for a private consultation and read some of the 300+ verified reviews from past clients on our Avvo.com profile by clicking here.