When allegations of child abuse or neglect are made, the Connecticut Department of Children and Families (DCF) will investigate to determine whether there is evidence to substantiate a claim of abuse or neglect. In most cases, when a an arrest is made in a domestic dispute and children are either the victims or witnesses, the police will contact DCF and DCF officer’s will get involved. In other situations, DCF investigations might directly lead to an arrest.
Dealing with arrests during a Newtown DCF investigation is never easy, but you do have rights both in criminal court and as a parent managing a DCF investigation. Rely on a skilled DCF attorney to help you get the best possible outcome.
DCF is a state agency created to safeguard children’s health and welfare throughout the State of Connecticut. Its DCF agents will investigate reports of child abuse or neglect, regardless of whether they stem from an arrest or an anonymous tip.
The first step in the DCF involvement process is often a Family Assessment Response (FAR). FAR’s are conducted to assess the safety of any children in a home where allegations of abuse were reported. If after a FAR is conducted, an agent is concerned over a child’s well-being, they can escalate the matter to a DCF formal investigation.
Formal investigations are serious. They often run alongside criminal cases, particularly following accusations of violence. When DCF gets involved in an investigation in Newtown, it has the potential to lead to an arrest.
DCF agents have a number of investigatory powers, including the ability to interview witnesses, conduct home visits, and follow up with the targets of an investigation. What they do not have is the power to place someone into custody and arrest them. This is true even when they substantiate an allegation of child abuse or neglect, or both.
This does not mean DCF agents are powerless. While they cannot issue warrants or take people into custody, they do have the power to report any evidence of criminal activity to law enforcement and these investigations reported by DCF often lead to the police making arrests.
Because of the potential for arrests in Newtown during a DCF investigation, it is crucial to have the support of strong legal counsel. The legal jeopardy that comes with these situations cannot be ignored.
Many people wonder if they are obligated to comply with DCF when they have been arrested under suspicion of domestic abuse or neglect. While there is no obligation to comply with a DCF investigation, the failure to do so can bring other, worse consequences in some instances.
Thankfully, a person is entitled to speak with legal counsel before deciding whether to comply with DCF. An attorney can advise about the risks and benefits of cooperation. While assisting in the investigation might look good at first, it can also lead to intrusions, invasion of privacy, and the potential for additional criminal charges. Deciding how to respond to these cooperation requests is a complicated choice that should be made with a lawyer’s help.
If you have questions about arrests during a Newtown DCF investigation, now is the time to ask. While being arrested can have an impact on your DCF case and you may feel pressured to cooperate, you still have the right to refuse to cooperate. Reach out to Mark Sherman Law as soon as possible for a private consultation with an attorney. Click here to read what past clients have to say about working with our team.
