Whether it stems from a criminal charge filed against you or an anonymous report made by a third party, the start of an investigation conducted by the Connecticut Department of Children and Families (“DCF”) usually comes about with little or no warning. With that in mind, it is more than understandable to be surprised to find a DCF investigator at your door who wants to speak to you and your children about allegations of abuse. Unexpected or not, what you say to this investigator could have a massive impact on your and your family’s lives.
Talking to DCF investigators in Westport does not necessarily need to be an antagonistic or even overly stressful experience, but it is still very important to understand what the investigators’ goals are and what you can do to protect your and your loved ones’ best interests. From start to finish of a DCF investigation and beyond, assistance from a knowledgeable DCF defense lawyer is key to enforcing your rights without overstepping your boundaries in legal or practical terms.
While the DCF has the authority to expand an investigation beyond the scope of the original allegation(s) that led to it being opened in the first place, their priority will be finding evidence to support or contest that original allegation. For example, if someone has been accused of physically abusing their children, DCF investigators may ask questions about how children are punished for bad behavior in the home, seek explanations for minor injuries like scrapes and bruises, and look to speak with teachers, neighbors, and police officers about past domestic disturbances.
If a case is built around allegations of physical or psychological neglect, though, questions will likely center more around things like what kinds of food children in the household eat regularly, where and how much adults in the household work, what extracurricular activities each child participates, and how each child is doing in school. They may also interview people like child psychologists and pediatricians to get a more objective view of each child’s physical and mental condition.
It is very important to emphasize that a DCF investigation is not the same as a criminal investigation, and people who DCF investigators are questioning are not legally obligated to provide answers to those questions or even allow DCF investigators into their homes voluntarily. It’s important to note, though, that much like how refusing a breathalyzer during a DUI test can automatically lead to harsher criminal sanctions than taking the breathalyzer, refusing to speak with DCF investigators can often be taken as implicit evidence that children are being mistreated, which in turn could lead to the DCF pursuing a neglect petition or taking even harsher action.
Generally speaking, it is best to be civil with DCF investigators and answer their questions honestly but also to refrain from volunteering extra information or speculating about anything whenever possible. It is also usually beneficial to allow DCF investigators to speak with children in the household as part of their investigation, but having an attorney present for these conversations is both legally permitted and beneficial to protecting your family’s rights.
DCF investigators are supposed to only consider the facts of any home environment they look into and take action only if it would serve the best interests of a child in harm’s way. With that in mind, talking to DCF investigators in Westport can sometimes be a dangerous proposition if you do it without planning ahead and without having support from capable legal representation. Saying the wrong thing at the wrong time could have serious consequences.
A knowledgeable DCF defense lawyer can ensure investigators do not exceed the boundaries placed on them by state law and help increase your chances of a favorable case result. Call Mark Sherman Law today to discuss your options.
