An investigation by the Department of Children and Families (DCF) can be traumatic for every member of your family. If you were subject to DCF involvement, the investigators probably came to your house without an appointment, talked to your kids at school without notifying you, and probably interviewed teachers, neighbors, and others about your parenting.
The DCF investigators often assume that something is wrong, and look for evidence to confirm their beliefs. It is when you ask them prove their findings in court, that their legal department first conducts an internal review.
DCF internal reviews in Wilton allow parents to challenge and convince DCF to abandon its findings before going to court. You have the right to a lawyer during an internal review, and working with an experienced DCF investigation attorney can make a huge difference in the outcome of your investigation.
DCF investigates parents when the agency receives a report that child abuse or neglect may be occurring in a home. These reports are often anonymous and unfounded, but investigators are still required to follow up. DCF also gets involved when a parent is arrested, and children were present when the alleged criminal conduct occurred.
Once involved, DCF has 45 days to investigate a family. At the end of that period, DCF must either close its investigation, substantiate a finding of abuse or neglect, or recommend a parent’s name be placed on DCF’s Central Registry. DCF will send the parent(s) a Notification of Investigation Results explaining their decision, following the 45-day period.
If the agency substantiates a finding or recommends placement on the registry, the parent has a right to ask for an internal review, which is the first step in the appeal process. Parents have 30 days from the date of Notification of Investigation Results to request the internal review. Parents in Wilton should engage an attorney who is familiar with DCF procedures to represent them during the internal review process.
Social workers conduct DCF investigations. The investigators typically err on the side of caution and may make findings or recommend adding a parent to the registry on very little evidence.
An internal review is an opportunity for the DCF’s lawyers to review the investigation notes and determine whether the social worker’s finding or recommendation will stand up in court. When the investigation is sloppy, or the basis for the recommendations are weak, the DCF legal team may reverse the findings.
According to Connecticut General Statutes § 17a-101k, a Wilton parent’s attorney can use the internal review process to provide additional information to the DCF legal department that the social worker might not have included in their investigation. The parent’s representative can also request a telephone conference and face-to-face meetings to learn what information the DCF investigator relied on when making its recommendations.
An internal review can result in the DCF legal department deciding that the social worker/investigator did not have enough proof of abuse or neglect to substantiate a finding or recommend a parent’s inclusion on the registry. If so, the legal department will issue a letter to the parent explaining their decision not to proceed, and no further action is necessary.
In other cases, the DCF legal team may decide the investigator’s decision was supported by evidence and the case then proceeds to an appeal before a judge.
Parents still benefit from participating in the process even when the review affirms the investigator’s decision. Information shared during the DCF internal review can help a Wilton defense attorney prepare a stronger appeal when the court hears your matter.
When DCF substantiates a finding, they could take aggressive steps, including removing your children from your home and placing them in foster care. Placing your name on its registry can limit your job prospects and have other devastating impacts on you and your family.
Enlisting the assistance of an experienced Wilton DCF attorney to fight against substantiations in these internal reviews will maximize your opportunity to prevent further action from DCF. Call Mark Sherman Law today to set up a meeting, and read some of the 300+ certified reviews from satisfied past clients on our Avvo.com profile by clicking here.
