Being investigated by the Connecticut Department of Children and Families (“DCF”) for any reason can be an unsettling experience, even if the result of that investigation is the Department deciding you have done nothing wrong. However, if the DCF instead decides that allegations of abuse or neglect made against you have been “substantiated” by the evidence they discovered while investigating, the result of this experience may be a lot more than just unsettling.
Fortunately, you have the right to formally appeal most findings made by the DCF, a task that can be made easier by working with experienced DCF defense attorneys. Having a Ridgefield DCF appeals lawyer on your side can help with quelling concerns, tackling preparation, and going into an appeal with the best foot forward. Their knowledge and experience can help you obtain a favorable result.
Most DCF appeals filed in Ridgefield and throughout Connecticut are filed in response to substantiated allegations of abuse or neglect. That said, it is also possible to file appeals against specific remedial actions that DCF petitions a court to impose on people who have allegations against them substantiated, such as Neglect Petitions, Orders of Temporary Custody, and Termination of Parental Rights.
As a Ridgefield DCF appeals attorney can explain in more detail, though, different types of appeals have different filing deadlines applicable to them. For example, people who wish to appeal a “substantiated” finding from a DCF investigation have up to 30 days after the conclusion of that investigation to get the appeals process started. In contrast, the effective filing deadline for appealing an Order of Temporary Custody petition is just 10 days after the first court appearance related to that petition. With all the legal jargon, it can be hard to know what you are facing and what steps need to be taken. An attorney can help lay it out in easy-to-understand terms.
Everyone has heard of proof “beyond a reasonable doubt”, but not everyone knows that is not a universal standard of proof. The DCF bears the burden of proof in any appeal, but they do not need to show proof beyond a reasonable doubt. This often means that hearsay and speculative evidence can be legitimately used to support a finding.
A defense lawyer experienced in DCF appeals can highlight to the hearing officer where and how the DCF fails to meet their burden.
While the DCF’s primary purpose is to protect children from harm, that does not mean the actions this agency has the authority to take are not life-altering for the families impacted by them. For this reason, among many others, it is important to understand and enforce your right to appeal any DCF finding or petition that you believe is not supported by facts.
A Ridgefield DCF appeals lawyer can provide the custom-tailored guidance you need to get the best possible result from your appeal. Call Mark Sherman Law today to discuss your options.
