It is natural to be concerned following a visit from the Connecticut Department of Children and Family Services (DCF). One of the questions most commonly asked by parents in this situation is, “Can they take my kids away?” The answer to that question could be “yes,” even if it is on a temporary basis.
DCF removal proceedings in Greenwich are serious matters. In the short-term, investigators have the ability to remove children from their home without a court order in certain situations. Following a series of court proceedings, the state could even seek to remove them permanently and terminate parental rights. Learn how a dedicated DCF investigation attorney can help.
There are different scenarios in which DCF can remove a child from the home. Sometimes, prior approval from a judge is required, but under certain circumstances, DCF can act without court intervention.
DCF in Greenwich can remove your child without a court order if agents believe that the child is at immediate risk of physical harm. These risks might be from a potentially abusive parent or dangers inherent to their living conditions. In these situations, investigators can place your child in foster care using an Order of Temporary Custody. This is informally known as a 96-hour hold.
DCF can execute a 96-hour hold without a judge’s approval if they have probable cause to believe that removal is the only way to keep your child safe. However, the state cannot keep your child for longer than 96 hours unless a judge determines more time is necessary.
The court also has the power to place your child in foster care on a temporary or indefinite basis. This is only possible after a neglect petition has been filed and all parties have had a chance to be heard. An attorney in Greenwich can answer your questions about DCF removal proceedings and discuss your case in more detail.
You will still retain most of your parental rights after having your children removed on a temporary or ongoing basis. Unless the state successfully petitions for the termination of parental rights, you have an opportunity to petition the court to have your children returned. This is known as reunification.
It is typically the goal of DCF to reunite families as quickly as possible. However, this is only the case when the authorities no longer believe your child is in danger of abuse or neglect.
During removal proceedings, the court is not limited to hearing only from law enforcement or DCF agents—families have a right to be heard as well. Before the court hears a petition for reunification, the judge will hear from experts who can testify as to whether or not it is in the best interest of the child for the family to be reunited.
No one has to go through this process alone. You have the right to an attorney if you are facing DCF removal proceedings, and taking advantage of this right is crucial.
If your children have been taken from your custody by the state, there may be a path to reunite with them sooner rather than later. Likewise, it is possible to successfully defend your rights during this process and to avoid losing custody at all. Reach out to Mark Sherman Law right away to learn more about DCF removal proceedings in Greenwich and read some of the 300+ certified reviews from satisfied past clients on our Avvo.com profile by clicking here.
