DCF and Juvenile Law Attorneys

The job of DCF is to investigate allegations of child abuse and/or neglect. There are several kinds of abuse and neglect including physical, emotional, sexual, educational, moral, and medical. DCF has particular definitions of what constitutes abuse and neglect and through their investigation, they will be looking for evidence that supports these allegations.

Allegations of abuse and/or neglect can come from family members, neighbors, friends, or a mandated reporter. A mandated reporter is someone designated by Connecticut statute who must report suspected abuse or neglect. Doctors, nurses, teachers, counselors, and police officers are some examples of mandated reporters. They are under penalty of law if they do not report, so oftentimes they will make a report even if there is little to no evidence supporting such claims.

While you do not technically need an attorney for a DCF investigation, it is strongly recommended that you have one. If DCF has evidence of child abuse and/or neglect, it has the power to remove your children from your home, interfere with your right to reside there, interview your children without your being present, and institute unnecessary services and treatment orders on your family. Considering the severity of these potential outcomes, it is recommended that you have an experienced attorney to guide you through this process and protect your rights.

You do not have to speak with DCF investigators or let them into your homes, but there may be consequences for turning them away. The best way to proceed is to take their name and number and let them know your lawyer will contact them to learn more about the case so they can provide you with the best advice. Further, at the beginning of an investigation, the DCF investigator may show up at your door unannounced, catching you by surprise. In this case, you can ask DCF to come back at another time after you have had the opportunity to speak to a lawyer.

No, but if you deny DCF access to your home, DCF has the option of taking aggressive temporary custody actions like imposing a 96-hour custody hold on your children, filing an Order of Temporary Custody against your family, or filing a neglect petition against both parents. It’s better to avoid these situations and let your attorney try and get your case dismissed before it gets to this point.

At the end of its investigation, DCF will either close the case against you if it finds no abuse or neglect, or substantiate the allegations and take further action. If abuse and/or neglect are found, DCF may find that you pose a risk to the health or safety of your children and recommend placement on the DCF central registry. DCF also has the power to seek court intervention to impose services and plans on your family during and after their initial investigation.

Yes. If DCF substantiates that you committed child abuse or neglect, it must afford you the opportunity to request an administrative hearing, at which you can challenge their findings. After your request and before the hearing, a DCF staff member will review the substantiation, and this review will result in either DCF reversing their decision and dropping the allegations, or upholding their decision and proceeding to a hearing. If your case goes to a hearing, it is there that you will have your opportunity to present your side of the story and defend yourself against the abuse and/or neglect allegations.

A DCF abuse/neglect hearing is similar to a civil court trial. However, the rules of evidence are not as strictly followed as in a trial. DCF has the burden of proving the allegations against you by “a preponderance of the evidence.” You can question DCF’s witnesses and call your own except, in most cases, you cannot have the alleged child victim testify. You can use evidentiary exhibits to help defend yourself. However, as mentioned, the rules of evidence are much more relaxed than in a civil trial, and DCF can rely on hearsay and other evidence that might be inadmissible in court to try to prove its allegations.

Yes. Not only are you entitled to hire an attorney to represent you during DCF investigations and hearings, but it’s a good idea to have an experienced attorney by your side to best defend your rights and keep your family together.