Not alone. DCF does not have the power to force you out of your home. However, they can remove your children from the home and if the police are involved, the courts may force you out of your house. The Department of Children and Families, sometimes known as “child protective services” care about the safety and wellbeing of children in Connecticut. If there is suspicion that a parent is abusing or neglecting a child, they may seek a 96 hour hold of the child, placing them temporarily in DCF care. They may also file a motion for an order of temporary custody, motion to terminate parental rights, or a neglect petition, which all could result in your children being removed. For you to be forced out of the home, the police must become involved.
Many times, DCF investigations come hand-in-hand with criminal prosecution. In cases of risk of injury to a minor under C.G.S. § 53-21, or other domestic violence claims like disorderly conduct under C.G.S. § 53a-182, the courts will implement a protective order. This order will protect the victim, and can be extended to protect minor children as well. If the court enters a “residential stayaway” order or a full “no contact” protective order, you will not be allowed to return to the home of the protected party. It does not matter if you are the owner of the home, or if you have nowhere else to go. Failure to follow the order is a separate criminal offense that could tie you up even further.
The initial DCF investigation will typically last 45 days. At the end of that period, DCF will decide whether they want to substantiate allegations, move forward with ongoing services, or file a neglect petition. To learn more about the DCF investigative process, click here. However, the criminal case can last much longer and you can be kept out of your home until your case is resolved. This could take months. To best protect your rights, your family, and your future, a skilled defense attorney can help keep you in your home, especially while DCF is investigating so that you can best defend yourself and your family.
Whether or not you’ve been arrested, a DCF investigation can be a confusing and stressful time. Working quick, working hard, and working smart is how to protect your future against unwanted state involvement, or removal from your home. Working with a lawyer could take the surprises out of this process. To learn more about working with the attorneys at Mark Sherman Law, head on over to Avvo.com. Then, give us a call to begin working on your defense today.
