If the Department of Children and Families (“DCF”) has been investigating you and your family for weeks on end already, it is understandable to be relieved when the 45-day investigative period ends. However, the end of the investigation may not be the end of the DCF’s involvement in your life, especially if the Department concludes that they have enough evidence to “substantiate” allegations of child abuse or neglect against you and file a “neglect petition” based on that substantiation.
Getting served with a Darien DCF neglect petition can be even more unsettling than the whole DCF investigation process put together, and it can potentially have much more serious consequences as well. While there is no substitute for help from a dependable DCF defense lawyer when it comes to understanding and fighting back against this kind of proceeding, here is a brief overview of how the initial stage of this process typically works and what you can potentially expect from it.
When the DCF concludes an investigation into an allegation of child abuse or neglect and determines whether the allegation is substantiated, it will notify the subject(s) of the investigation about its decision in writing and through the mail. In the event DCF believes it needs to take further action by filing a neglect petition against someone in Darien, it may have a state marshal “serve” that petition on them.
Either way, someone who learns that the DCF has substantiated child mistreatment allegations against them has 30 calendar days from that moment to formally contest the decision by requesting an internal review. A parent or guardian who does not act within this time period to challenge a DCF neglect petition will be assumed to have no counterargument to it at all, and the court will almost always act to grant the petition and impose further sanctions along with it.
Sometimes, the DCF may go even further when serving someone in Darien with a DCF neglect petition and request an order of temporary custody. If the court grants this order, notice of their decision will be included along with the paperwork for the neglect petition that is served on the subject(s) of the DCF’s original investigation.
An order of temporary custody allows DCF to take both legal and physical custody of any child(ren) in the investigated household and to stop those same rights from the child’s parent(s) or guardian(s). Parental or guardianship rights are not directly affected by this type of order. Still, DCF very often follows up on orders of temporary custody by seeking the permanent removal of parental rights from someone they suspect of serious child abuse or neglect.
It is worth emphasizing again that time is of the essence when contesting any neglect petition or other action pursued against you by DCF. Within the span of a single month, you may permanently miss your one opportunity to fight against the DCF’s decision and protect your right to have custody over or even any kind of relationship with your children.
For that reason, among many others, speaking with a qualified attorney should be your absolute top priority after getting served with a Darien DCF neglect petition. Call Mark Sherman Law today for a confidential consultation, and visit our Avvo profile to learn what past clients have said about working with us.
