Opening your front door to find an investigator from the Connecticut Department of Children and Families (“DCF”) standing there can be a jarring experience, and so too can letting that investigator into your home to conduct an investigation into an abuse or neglect allegation made against you. Under Connecticut state law, these investigators have fairly broad authority to question you, your family members, and other people involved in your life about how you treat your children, and you cannot do anything to prematurely stop this kind of investigation once it gets going.
However, you still have certain other rights during a Westport DCF investigation, and understanding them can be a key first step toward proactively enforcing them. In a situation like this, though, there is no substitute for support from a knowledgeable DCF defense lawyer who has handled cases like yours effectively in the past and can work diligently to protect your best interests from start to finish of your case.
While Westport DCF investigators can—and often do—show up for home inspections and interviews without warning, you are not legally obligated to let them conduct any inspections or interviews before you have a chance to contact a DCF defense attorney. Provided you are calm and civil about it, you can sometimes request that DCF investigators reschedule interviews or other procedures that are part of an investigation until you have legal representation present. Advice from a lawyer can help make this visit and the interview go much smoother.
Another crucial thing to know about DCF investigations is that, much like with criminal investigations, you are not obligated by law to answer any questions posed to you in a specific way or even to answer questions at all. DCF investigators often do not inform people who fall within the purview of an investigation of this right, though, and as a qualified legal professional could explain, not answering a question can sometimes lead to a worse outcome than giving a simple and honest response would. An attorney can give you guidance on what types of questions should and shouldn’t be answered.
Parents and guardians who are subject to DCF investigations in Westport have the right to refuse to let DCF investigators speak with children in their household alone, and it is sometimes possible to prohibit the Department from conducting interviews with other people involved in a child’s life as well, such as teachers or pediatricians. That said, the DCF will often take steps to obtain the information they want from these parties some other way, and they can take a refusal to allow interviews as a sign that abuse or neglect is likely occurring and the target(s) of the investigation are trying to hide that fact. In some instances, as a lawyer would advise, you can get DCF the information they need without a full interview.
Perhaps most importantly, anyone who is investigated by Westport DCF and then receives written notice that abuse or neglect allegations against them have been “substantiated” has the right to request an internal review of that decision within the DCF. If that does not result in the decision being reversed, they also have the right to request an appeal hearing in court. Once again, guidance from a qualified lawyer can be essential to enforcing this particular right without running afoul of procedural rules set by state law.
Understanding your rights during a Westport DCF investigation is just one aspect of the plan you need to achieve a favorable outcome from one. Even if you enforce these rights, the DCF may still find enough evidence to proceed with a neglect petition or other corrective action against you, which could lead to life-altering sanctions up to and including the permanent loss of legal guardianship over your children.
Put simply, no part of any action by DCF is something you should try handling without qualified legal representation. Call Mark Sherman Law today to learn how a DCF defense lawyer could assist you.
