An investigation by the Department of Children and Families (DCF) can be overwhelming, especially when you have not done anything wrong. The law places the safety and well-being of children ahead of all other considerations. That means that parents are often considered guilty until they can demonstrate their innocence.
You have the right to be represented by an attorney during a DCF investigation. Working with an experienced legal professional in these matters is critical. A DCF defense attorney from the skilled team at the Law Offices of Mark Sherman can protect your rights during a DCF investigation in Wilton and can help you and your family achieve the best possible result.
A DCF investigation may begin with an anonymous report to a telephone hotline. Anyone who suspects a child is abused or neglected can make a report and does not have to leave their name. Connecticut General Statutes §17a-101 requires DCF to investigate all credible reports it receives. In many cases, that means imposing substantial stress on parents and significant trauma on children.
Another trigger that initiates an investigation is a referral from someone the law designates as a mandatory reporter. Mandatory reporters are required by law to report suspected neglect or abuse to DCF. The list of mandatory reporters includes teachers, medical professionals, law enforcement personnel, mental health workers, and many others.
The first time a parent learns there has been a report is usually when a DCF social worker arrives at their home unannounced. Most parents are understandably shocked and have no idea how to proceed. The social worker will ask to come into the home and conduct a short interview, and parents often agree.
Parents do have the right to refuse to speak with the social worker when they arrive and can deny them access to the home. Even when the parent does not cooperate, the worker will proceed with their investigation and find other ways to gather information about the family. They may speak to other individuals with first-hand knowledge about the family and go to the children’s school to speak with them there.
It is acceptable to ask the DCF worker to come back another time. Usually, the worker will ask to return later on the same day or the next day. The parent should contact a Wilton attorney immediately, to get advice about how to protect their rights prior to engaging in the initial DCF interview.
When the social worker believes that they may have to remove the children from the home immediately or that the situation at the home may be dangerous, they may ask a law enforcement officer to accompany them to the visit. The presence of the police can feel intimidating or threatening, and the police are often adamant that the parent comply with the social worker’s request to enter the home.
Allowing the worker to enter can keep the situation from escalating. However, the parent should contact a legal professional immediately. An attorney can find out why the social worker requested law enforcement participation and help manage the process to keep the children in the home whenever possible.
Many DCF investigations do not yield any evidence of abuse or neglect. However, the investigation might highlight other issues, such as substance abuse or volatility within the home.
DCF will offer the family “services,” meaning participation in certain programs to address whatever issue the investigation identified. Services could include parenting education, substance abuse treatment, counseling for the children, anger management classes, and similar programs. The services are offered as part of a “safety plan” that the social worker will ask you to agree to and sign. It is crucial to understand that if you sign a safety plan and then fail to comply with it to the letter, DCF can use your non-compliance against you.
Safety planning can keep you and your family under DCF supervision for months or years, and you have the right to refuse. Social workers may threaten to put your children in foster care if you do not agree to a safety plan, but they cannot do that without clear evidence your children are in danger. Always speak with a Wilton DCF defense attorney about your rights before agreeing to a safety plan after an investigation.
Many parents feel that they are treated like criminals during a DCF investigation. Unfortunately, DCF investigators do not need to read you your rights before they talk to your children in or out of your presence or review your personal information and records.
Your rights during a DCF investigation in Wilton include the right to be represented by an attorney. Contact one of the experienced DCF defense lawyers at the Law Offices of Mark Sherman for help. Don’t wait and contact us as soon as DCF contacts you.
