Whenever a mandated reporter—or anyone else, for that matter—contacts the Connecticut Department of Children and Families (“DCF”) to report suspected abuse or neglect of a child, the Department is obligated to review the allegation and determine whether it warrants further investigation. If the DCF decides that this is the case, they have fairly broad authority to make surprise home visits, conduct interviews, and do various other things without the target(s) of their investigation having much say in the matter.
However, just because you cannot stop a DCF investigation on your own once it begins does not mean you do not have rights during the process or that enforcing them effectively will not increase your chances of resolving this situation in a favorable way. If you need help with defending against a DCF investigation in Westport, contacting and retaining a capable DCF defense lawyer should be among your top priorities.
In an investigation, DCF is looking for circumstances that would suggest a child is not safe either physically, mentally, or morally. Things like not having proper sleeping quarters, not having enough food in the house, unsafe living conditions, are all red flags to DCF. Additionally, a parent who refuses to allow DCF into their home or refuses to allow DCF to speak with them or their children, can be a red flag.
Although having a DCF investigator show up unannounced for a home inspection is almost always an uncomfortable experience, it is worth noting that you still have rights. You can refuse to allow DCF into your home, though this is not often advisable. You can sign releases for DCF to speak to everyone they want to, but getting medical records for them may be a better course of action. For many people, contacting a lawyer who can advise them on how to effectively cooperate with DCF while still protecting themselves is the first step to a better experience. DCF employees are not supposed to try to pressure parents/guardians into admitting to mistreatment that never actually occurred, but it could feel like they’re trying to at times. An attorney in your corner can advise you when to stop answering questions, and help with how to best answer questions.
DCF investigators do not have to prove that abuse or neglect occurred “beyond a reasonable doubt” in order to conclude that allegations are “substantiated” and request further action from a court. Instead, they only need to demonstrate “probable cause” to believe that abuse or neglect is likely occurring—which they can do through testimonial, documentary, or forensic evidence, but also, alternatively, through circumstantial or purely speculative evidence.
Once DCF formally starts an investigation, it generally has a maximum of 45 days to find whatever evidence of mistreatment exists and to determine whether the allegation(s) their investigation was based on was “substantiated” or “unsubstantiated.” If the allegations are “unsubstantiated,” the DCF will close the case without taking any further action against the parent(s) or guardian(s) targeted by it, and in most situations, that brings the matter to a permanent end.
If the allegations are “substantiated,” the DCF can do a few different things depending on how severe the mistreatment is and how cooperative the people targeted by the investigation are. In severe situations, the DCF can file a neglect petition and potentially pursue the permanent removal of children from the home through that petition—something which seasoned legal counsel can provide vital help with fighting to prevent.
In theory, fighting back against a DCF investigation proactively and effectively is very much possible. In practice, dealing with DCF investigators firmly without raising additional suspicions of abuse or neglect—or even worse, overstepping the boundaries of Connecticut state law—can be much more challenging than many people expect.
Simply put, representation from qualified legal counsel will almost certainly be the difference maker when defending against a DCF investigation in Westport in a way that gets you the positive outcome you want. Call Mark Sherman Law today for more guidance.
