Most of the time, following a Connecticut DCF Investigation there will be a substantiation decision, recommendations for voluntary services, and DCF will close the case. However, in some circumstances the Department of Children and Families may decide to file a neglect petition and transfer a case to Ongoing Services. Though they are known as “neglect” petitions, these Juvenile Court cases involve suspicions of child abuse, child neglect, or allegations of an uncared child.
During this trial type hearing, DCF will put forth evidence to a judge to decide whether or not the child should be adjudicated, which means found to be abused, neglected, or uncared for. The judge has the power to order evaluations of the parent or children and can order that the parent follow certain “specific steps” to improve the child’s situation.
No. A neglect petition may occur at the same time as a criminal proceeding, but they are separate cases. The end result of a neglect petition is an “adjudication” or dismissal. Adjudication means the child is found to be abused or neglected or uncared for. In this situation, the court can decide to continue care for the child in a variety of ways, either at home or with the child in a new living situation. If the court decides to dismiss the petition, the case will end. A child protection case can also end when a child turns 18 or becomes emancipated.
DCF cases often occur alongside domestic violence criminal cases. If this is the case for you, click here to learn more about domestic violence defense.
Possibly. DCF may file for an Order of Temporary Custody in conjunction with the neglect petition. If granted, this OTC will remove the child from the home until the court can take final action in the case. At the end of a neglect petition, the Court may decide to remove the children from the home and place them in the custody of another person for a period of time. Unless DCF moves for termination of parental rights, a parent still has the right to come back into court to ask for reevaluation of the removal.
Your most basic right is to an attorney. It is important to retain knowledgeable legal counsel as soon as possible in a DCF investigation. Your lawyer can gather evidence to rebut the allegations, communicate with DCF on your behalf, and assist you and your family during all visits, meetings, and court dates. This is true even during the Coronavirus pandemic, as DCF is still investigating allegations. To learn more, click here.
It is never too soon to reach out to a Stamford neglect petition defense attorney. Any top legal counsel will tell you it is important to advocate strongly for you and your family’s rights. To learn more about how the lawyers at Mark Sherman Law can help, read our hundreds of certified client reviews on Avvo.com, and call us today.
