During a Connecticut Department of Children and Families (DCF) investigation, DCF agents rely on various evidence. Their role is to identify instances of child abuse and neglect, and DCF agents often ask parents to sign waivers giving them access to important personal documents and information that is and can be used as evidence.
The decision to sign releases is completely voluntary, but failing to comply with DCF’s request to sign releases can have consequences. Deciding to sign releases in a Newtown DCF investigation is a decision that should not be taken lightly. A skilled attorney can advise you of your options and obligations.
First and foremost, parents are under no obligation to sign a waiver requested by DCF agents. Executing this release means giving up on certain privacy rights held by parents and guardians, which can have lasting consequences, if allegations of abuse and, or neglect are eventually substantiated.
Despite this reality, there are some reasons why signing a Release in a DCF investigation in Newtown might be in a parent’s best interests. For starters, it can dramatically speed up the process in cases where there is nothing to hide. In some situations, the details in the medical records might actually strengthen a parent’s case and confirm that abuse never occurred.
Since these investigations can drag on for up to 45 days, complying with the request might help close the case much sooner. An experienced Newtown attorney can answer your questions about whether signing releases is a good strategy.
When DCF agents request a signed release in a Newtown investigation, there are consequences that can follow, and a parent can be found to have refused to cooperate.
One important thing to remember is that it is much easier for DCF agents to prove their case because their burden of proof is much lower than the burden in criminal court. They do not have to establish proof beyond a reasonable doubt to substantiate evidence of abuse or neglect. They have to establish that there is evidence of abuse or neglect by a preponderance of the evidence, more likely than not. The refusal to take part in a DCF investigation could be used as evidence of mistreatment.
On the alternative, complying with this request to sign releases can also have major downsides. Medical records might support the allegations of abuse or neglect, especially if they are misunderstood or taken out of context. By agreeing to sign a release, parents open the door to substantial intrusion from DCF that might result in service agreements or other DCF conditions.
DCF agents might request or use different types of waivers and releases. The most common is a waiver that allows a child’s medical care providers, such as a pediatrician or emergency room physician, to discuss their treatment of the child with DCF investigators.
DCF might also seek waivers from school employees like teachers or counselors. While these individuals are barred from discussing private details about children, if the parents waive their rights, their notes and records can be obtained and used as part of the investigation.
It is never easy to face a DCF investigation, especially when they are pushing you to sign documents or agree to a service plan. Thankfully, you have the right to speak with an attorney before signing releases in Newtown DCF investigations. Call Mark Sherman Law as soon as possible to learn more about these releases during a private consultation, and click here to learn what our past clients have to say about working with our team.
