The Connecticut Department of Children and Families (“DCF”) may open an investigation into someone without there having been an arrest upon a report to their Careline that an individual is abusing or neglecting children in their care. Evidence uncovered during this investigation can lead to an arrest in the criminal court, so it’s extremely important for any individual subject to investigation by the DCF to understand their rights.
Here is a brief overview of when you might face arrest during or following a Ridgefield DCF Investigation, as well as how a skilled DCF defense attorney can you navigate around this issue as efficiently and effectively as possible.
Importantly, while DCF investigators in Ridgefield have broad authority to perform surprise home visits, conduct interviews, and take other actions to further an active investigation, they are not law enforcement officers. This means they cannot issue warrants or execute arrests themselves. What they can do, though, is report any evidence of criminal activity they find during an investigation to law enforcement, who may then conduct an arrest based on that information.
This is one big reason, among many others, why it can be so important to have legal representation present at all times while speaking with DCF investigators, including during home visits. Anything said during a meeting with DCF, even if it’s only said within earshot of an investigator can be used to not only substantiate allegations of mistreatment, but in a report to the police that can form probable cause for an arrest warrant.
Criminal cases and DCF investigations are two entirely different legal proceedings. The Department of Children and Families is an administrative department in the State of Connecticut and operates under administrative laws and rules whereas criminal cases are overseen by the criminal courts in Connecticut and follow the rules and procedures of criminal court.
DCF, unlike the criminal courts, doesn’t make a finding of “guilty” or “not guilty”, DCF can find allegations to be “substantiated” or “unsubstantiated”. To “substantiate” abuse or neglect against someone, DCF need only find “reasonable cause” to believe that child abuse or neglect has occurred. To find a person “guilty”, a prosecutor needs to prove so beyond a reasonable doubt.
This difference in burden of proof means that DCF can substantiate allegations even if a criminal case is never started or is dropped.
Dealing with a DCF investigation or a criminal arrest is difficult, dealing with both can be unmanageable. Not knowing the process, what you should or shouldn’t do, and what can or cannot happen can cause stress and mistakes. An attorney, like those at Mark Sherman Law, who has experience not only with Ridgefield DCF Investigations, but with Ridgefield Domestic Violence cases can help, whether it’s explaining the processes to you, helping you gather documentation to use in your defense, or helping you in a hearing or trial.
If you are arrested during a Ridgefield DCF investigation, you will need to juggle two different proceedings happening simultaneously, both with the power to drastically affect your life. Fortunately, lawyers are available to help you manage and defend against both cases.
A private conversation with a DCF defense attorney can give you answers to pressing questions and confidence about how best to strategically approach your case. The attorneys at Mark Sherman Law have over 300 five star reviews from prior clients, and are ready to take your call at (203) 358-4700.
