Once the Department of Children and Families (“DCF”) begins a formal investigation into alleged child abuse or neglect, it generally has 45 days at most to complete the investigation and decide whether the allegation(s) in question are “substantiated” by the evidence. If the investigation ends with a finding of substantiation, the DCF can then petition a court for further remedial action, which can sometimes include measures as severe as the termination of parental rights for the people targeted by the investigation.
Importantly, though, you have a right to appeal this kind of finding and potentially get it overturned by the DCF itself or, barring that, a judgment at a DCF field office made by a specially nominated “hearing officer.” If you want to explore your options for pursuing a DCF neglect petition appeal in Wilton, you should strongly consider contacting a seasoned DCF defense lawyer for assistance.
From the moment someone in Wilton receives a Notification of Investigation Results by mail following the conclusion of a DCF investigation into their home life, they have 30 calendar days to request an internal review of their case. They can do so by filling out the appeal request form (DCF Form 2210b), which should be included alongside the Substantiated Form, and mailing it to the designated address.
Once DCF receives a valid and completed appeal request form, they will conduct an internal review of the evidence that investigators found and the conclusion(s) those investigators made based on that evidence. If the internal investigators decide the available evidence does not indicate abuse or neglect occurred, they can overturn the original substantiation appeal and close the case immediately afterward, with no further action needed.
Conversely, if the DCF’s internal review process does not result in the original substantiation finding being overturned, the Department will notify the appellant by mail again that the original finding has been affirmed. At this point, the appellant has 30 calendar days to continue their DCF substantiation appeal in Wilton by requesting an appeal hearing, which is typically held at the nearest DCF field office, or in some instances, remotely, and is overseen by a DCF hearing officer.
During this hearing, both sides have the right to present evidence and testimony supporting their side of the story, but only the DCF has the burden of proving that they had “probable cause” to believe that abuse or neglect occurred and further abuse or neglect is likely to occur in the future. Guidance from legal counsel can be vital to building the strongest defense possible and maximizing the chances of the hearing officer overruling the original substantiation finding.
Learning that the DCF has reason to believe you mistreated your children and may continue to mistreat them in the future is an upsetting experience, not to mention a potentially life-changing one. It is important to remember that you still have legal options worth pursuing and rights worth enforcing in a situation like this.
DCF neglect petition appeals in Wilton are much easier to handle and will have much better odds of ending favorably for you if you get help from a capable DCF defense attorney. Call Mark Sherman Law today for a confidential consultation.
