One of the most serious outcomes involving the Connecticut Department of Children and Families (DCF) is when DCF removes your children from the family home. While this outcome is uncommon, it can drastically alter you and your children’s lives..
DCF removal proceedings in Wilton must be taken seriously. While the department has the power to take your children from you, you have the right to a vigorous defense. A skilled attorney from Mark Sherman Law can protect your rights and help you keep your family together.
Before DCF can seek removal proceedings, it must first complete its investigation and substantiate the allegations against you. Once it completes this investigation, DCF can recommend criminal charges and initiate removal proceedings in the Wilton civil court.
Once the court has found you negligent, there will be a second hearing where the judge determines the next steps. This dispositional hearing is to decide whether to let your child stay with you, transfer custody to another relative, or put them into state custody.
Whether or not DCF needs permission from a judge to place a child into foster care varies depending on the circumstances. In general, there must be an order from the court before agents can act. However, limited circumstances allow DCF to temporarily take a child into its custody without a court order.
DCF agents have the power to remove your child from your home if they believe the juvenile is at immediate risk of physical harm, even if they have not obtained a court order. The risk of harm can come in the form of dangerous living conditions or the threat of domestic violence. This form of temporary custody is informally known as a 96-hour hold, as the child cannot remain in the custody of DCF for longer than 96 hours without court approval.
A judge also has the power to place a child into foster care, either temporarily or on an indefinite basis. However, this can only occur after the state files a neglect petition and formally initiates Wilton DCF removal proceedings.
You retain many of your parental rights even when a child is temporarily taken from your custody. The state must take the additional step of petitioning to sever your parental rights, and you are entitled to defend yourself throughout that process.
It is the stated goal of DCF to reunite families as soon as possible, but that is only in situations where agents believe the child is no longer at risk. If they believe your children face an ongoing threat of harm, Wilton DCF will petition the court to begin removal proceedings and potentially seek to take away your parental rights.
These hearings can feel one-sided, as state agents and law enforcement officers can testify about why removal is necessary. What many parents do not realize is that they can present their case to show that this step is unnecessary and will likely be harmful to the children. Our attorneys can help you every step of the way.
If you are struggling with the reality of removal proceedings, now is the right time to discuss your case with our lawyers. Our team can help you understand your options and guide you through the legal system.
We are proud of our record of success with these cases, and our 300+ verified ratings on Avvo from satisfied past clients show that we can help. Call Mark Sherman Law today to discuss DCF removal proceedings in Wilton.
