Being accused of neglecting, abusing, or mistreating your children in any other way can be an immensely upsetting experience, not to mention a potentially life-changing one if this kind of allegation leads to the Department of Children and Families (“DCF”) taking formal action against you. While not every investigation undertaken by DCF is guaranteed to have an unfavorable outcome for the parent(s) being investigated, “substantiations” of neglect or abuse accusations by DCF representatives may lead to the Department pursuing a “neglect petition” against you.
DCF neglect petitions in Westport are very serious matters that often necessitate court appearances and may result in severe sanctions being levied against you and your rights as a parent. That said, it is very much possible to effectively fight back against this proceeding as long as you understand what the process entails and what your rights are while it is ongoing—and most importantly, if you have help from an experienced DCF defense lawyer.
Broadly speaking, there are three reasons why the DCF might pursue a neglect petition against a parent or guardian in Westport: suspicion a child has been “neglected,” suspicion a child has been “abused,” and suspicion that a child has been “uncared for,” all terms which are defined more specifically in Connecticut General Statutes § 46b-120. In this context, “neglect” entails a child having been abandoned, being denied necessary physical, emotional, moral, or educational care, or being allowed to live in conditions considered “injurious to [their] wellbeing.”
“Abuse,” meanwhile, means a child has sustained physical injury through non-accidental means, sustained injury that does not match up with the explanation(s) provided for them by the parent(s) or guardian(s) under investigation, or has experienced severe “maltreatment” in the form of something like malnutrition, molestation, or overly cruel punishment. Finally, a child is “uncared for” if they are homeless, in a home that cannot provide for their specialized physical or psychological needs, or have been identified as a trafficking victim.
Just like not every DCF investigation will necessarily result in the Department substantiating the underlying allegations, not every DCF neglect petition in Westport will necessarily result in a court recommending dramatic corrective action. In some situations, it is possible to negotiate with the court hearing a neglect petition for an order of “protective supervision,” which allows children back into the care of their parent(s) or guardian(s) provided that certain conditions are met—for example, participation in anger management or parenting classes, or the use of specific state-sponsored resources to assist with poverty or special needs.
In other, more extreme situations, though, DCF may request that a court order a child to be remanded into the department’s custody and placed in another home, either with a family member or in foster care. “Commitment orders” like this generally result in the targeted parent(s) or guardian(s) being stripped of legal guardianship of their children.
No matter how it came about or what allegations it is based upon, a DCF neglect petition in Westport is not the kind of thing you want to try handling alone. DCF’s priority is always the best interests of children; the Department will not hesitate to request the removal of your children from your care if they believe that it is in their best interests. Trying to fight this kind of initiative without professional legal counsel on your side is often a recipe for disaster.
A qualified DCF defense lawyer from Mark Sherman Law can review your situation with you and offer preliminary guidance about next steps during a confidential consultation. Call today to schedule a meeting, and click here to read our past reviews from clients just like you.
