Once the Connecticut Department of Children and Families (“DCF”) opens an investigation into you based on a third-party report of child mistreatment or a criminal charge constituting “family violence,” their investigators have 45 days to finish interviewing all involved parties and come to a conclusion about the allegations against you. If the DCF concludes that your children are at risk of serious physical, psychological, or moral harm, those allegations are determined to be “substantiated”.
If you have recently been notified that the DCF is taking this type of action against you, you have limited time to contact a DCF defense lawyer and start working on your defense strategy against this potentially life-altering proceeding. With capable legal counsel on your side, though, you will have a much easier time appealing a Westport DCF neglect petition as well as much better odds of achieving a favorable result from the appeals process.
Once someone receives notice in the mail that the DCF has substantiated allegations of abuse or neglect against them, the individual has 30 calendar days to request an internal review of their case. Essentially, this is a request for people inside the DCF other than the investigators directly involved in the case in question to review the evidence collected by those investigators and then determine whether to reverse or uphold the conclusion(s) those investigators reached based on that evidence.
Upon being notified that the decision to substantiate in Westport has been upheld following an internal review, the target has another 30 calendar days to request a DCF Administrative Hearing. During this hearing, the DCF has the burden of proving that they had reasonable grounds to suspect serious abuse or neglect was occurring, and the appellant can present evidence and testimony in their favor to disprove specific aspects of the DCF’s case against them.
While a DCF appeals hearing is not a jury trial, it does not happen in the courthouse, and is not open to the public, it does resemble a standard criminal trial in more ways than one once it actually gets started. Both sides will have an opportunity to make opening statements, present evidence in support of their case, cross-examine evidence and witnesses presented by the other side, and make a closing argument before a judge decides whether the appeal against the DCF’s Westport substantiation has merit.
Put simply, this is not the kind of proceeding anyone should try handling entirely on their own, especially if they will need support from professionals like therapists, child psychologists, and pediatricians with whom they are not already in close contact. A seasoned lawyer can provide vital assistance with building a comprehensive appeal that accounts for all relevant information, as well as with presenting that case effectively in a way that will appeal to a judge.
Being substantiated for abuse or neglect is a very serious matter that could potentially alter the relationship you have with your children forever. However, it is not impossible to proactively contest this kind of petition, and the DCF actually has specific formalized procedures for you to do so that, if followed effectively, can lead to the substantiaion being overturned on appeal.
Appealing a Westport DCF substantiation is one of many aspects of a DCF case that a skilled attorney can help you navigate as efficiently as possible. Call Mark Sherman Law today to learn more, and click here to read what previous clients have to say about working with our team.
