Allegations of domestic violence are serious, especially when they involve children under the age of 18. While it is the job of the police to investigate these crimes, the state also has an interest in ensuring that juveniles are safe and secure. That is where the Connecticut Department of Children and Families (DCF) comes in.
Arrests during a Wilton DCF investigation can complicate an already difficult situation. If you are facing this situation, it is important to speak with a seasoned DCF defense attorney right away. Your legal counsel can protect your parental rights and help you avoid complications.
DCF is the state agency in Connecticut tasked with ensuring the health and safety of children. Any time there is a reported concern regarding a juvenile, DCF will get involved. At first, DCF may conduct a Family Assessment Response (FAR) to assess the safety of the children. When DCF’s assessments yields bigger concerns over the wellbeing of the children, DCF will conduct an investigation. These investigations can run parallel to any criminal case overseen by the police.
DCF involvement often occurs when a mandatory reporter or anonymous tip notifies DCF of an alleged child abuse. A domestic violence arrest can also trigger an investigation by Wilton DCF.
It is common for police and DCF investigations to work in tandem following allegations of domestic abuse. This is true when a child is the alleged victim of the domestic abuse or when they are present for an act of family violence.
The police investigate whether a crime was committed and conduct an arrest, while the Wilton DCF investigator is focused on the wellbeing of any children present in the home. These agencies may have different goals, but they frequently work together—especially after someone has been arrested.
All communications with DCF are not confidential. Anything said to a case agent can be shared with the police and used as evidence in a criminal trial. This is why it is so important to rely on legal counsel before speaking with DCF investigators.
A person accused of domestic abuse is likely to face an investigation by DCF, but is not legally obligated to speak with them or answer their questions. The law specifically allows a person who is the target of the agency to speak with an attorney before talking to case agents about the alleged domestic incident.
There may be time to speak with legal counsel, but putting off an interview forever is not an option. If DCF determines that a parent is uncooperative, DCF can petition the court to intervene. These proceedings are different and can be in addition to any criminal case that might be ongoing.
It is common for investigators to pressure parents involved in these situations to agree to services or safety plans, which are legally binding. These agreements can lead to increased interference from DCF, and if not managed correctly, can trigger removal of the children from the home. The results of DCF investigations can also complicate any pending criminal charges.
You have rights following an arrest and during a Wilton DCF investigation. DCF involvement is a serious matter, but a positive outcome is possible. The right attorney can serve as your advocate and help you get the best result available.
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