While not every investigation undertaken by the Department of Children and Families (“DCF”) will result in the Department filing a “neglect petition” and seeking further court action against the person or people being investigated, it can be important to know a little bit about the DCF neglect petition process in Rowayton well in advance of potentially having to go through it yourself. With that in mind, here is a brief overview of when the DCF might pursue this kind of action against you and how they would go about doing so, each aspect of which a seasoned DCF defense attorney can go into further detail about as needed during a confidential consultation.
One important thing to understand about the DCF neglect petition process in Rowayton and throughout the state of Connecticut is that not every investigation DCF opens will result in a neglect petition being filed. In fact, it is not uncommon at all for DCF investigations—whether they stem from an arrest for a “family violence” offense or from a mandatory reporter or other concerned third party’s confidential report—to conclude with the Department declaring its suspicions of child abuse or neglect to be “unsubstantiated,” or with the Department recommending less severe courses of action like referral to non-state-affiliated agencies for additional support.
However, if DCF investigators turn up enough evidence to indicate that there is reasonable cause to believe a child has been abused, neglected, or “uncared for” as defined under state law, they may end their investigation with a “substantiation” and file a neglect petition against the parent(s) or guardian(s) who were under investigation. At this point, the parties under investigation can either agree with the DCF’s conclusion and work with them to address the underlying issues that led to that substantiation, or they can contest the DCF’s conclusions that they abused or neglected their children.
If a neglect petition is filed against you in Rowayton, you can choose to contest it and have two separate hearings in front of a Connecticut Superior Court judge. The first hearing is meant to determine whether the allegations made by the DCF against the defendant(s) are supported by a “preponderance of evidence,” meaning that the DCF must again show that it is more likely than not that the defendant(s) have harmed their child(ren) and/or will likely harm their child(ren) through abuse, neglect, or lack of care.
If the court sides with the DCF, a second hearing will be scheduled to determine what action—if any—the court takes in order to protect the best interests of the child(ren) around whom this process is centered. Depending on the circumstances, the court may simply order the child(ren) back into the home of their parent(s) or guardian(s) with no further instructions, order the child(ren) back under “protective supervision” by the DCF, or order more severe measures like remanding the child(ren) into the custody of another family member or even into the custody of DCF. In the most extreme scenarios, the court may order the termination of parental rights for the defendant(s) accused of abuse or neglect.
If you have had a neglect petition filed against you by the Connecticut DCF following an investigation they conducted into your home life, you have limited time to retain legal counsel and start building a comprehensive defense against the likely serious allegations levied against you. Fortunately, you have help available to you throughout the DCF neglect petition process in Rowayton from knowledgeable and experienced legal professionals. Call today to discuss your options.
