What Happens When I’m Served With a Connecticut DCF Neglect Petition?
How Do I Fight a Connecticut DCF Neglect Petition?
How Do I Appeal a Neglect Petition Finding Against Me?
Being accused of neglecting your children in any way can result in the Connecticut Department of Children and Families (“DCF”) opening an investigation into you and your home life, even if you do not end up facing any criminal charges related to the accusation. On top of that, if DCF concludes that their suspicions of neglect or abuse were “substantiated” by evidence turned up during their investigation, the Department may file what is known as a “neglect petition” against you in court.
DCF neglect petitions in Connecticut are very serious matters that can have life-altering repercussions for you and everyone else in your family, especially if you do not act quickly and proactively to protect your best interests after having one filed against you. Fortunately, you have help available in that regard from skilled DCF defense lawyers who know through extensive past experience exactly how to handle situations like yours.
Importantly, not every investigation that the DCF opens based on a criminal charge of “family violence” or a third-party report alleging the same will end with the DCF pursuing a neglect petition. First and foremost, the Connecticut DCF will only seek a neglect petition if it finds evidence to substantiate the allegation(s) that led to them starting their investigation in the first place. Even then, it is not uncommon for the Department to take alternative approaches to resolving the issues they have discovered—for instance, working directly with parents to address neglectful conditions in the home (called Ongoing Services).
However, if DCF finds significant evidence indicating that a child has been abandoned, is not receiving sufficient care for their physical and/or psychological needs, or is being physically, emotionally, or sexually abused, it is more likely that the Department will take the comparatively more extreme step of filing a neglect petition. In certain situations, the DCF may pursue a neglect petition specifically based on a child being “uncared for,” but this is generally reserved for extreme situations involving prolonged homelessness or similar problems that prevent a child from receiving care for special needs.
A Connecticut DCF neglect petition will only proceed to trial if the parent(s) or guardian(s) against whom the petition is filed choose to contest the accusations made against them. In this scenario, the parent(s) or guardian(s) have a right to a hearing before the Juvenile Division of the nearest Superior Court, during which they may present evidence and testimony to counter the case made by the Attorney General’s Office that the DCF had valid grounds for their petition.
A verdict in favor of the defendant(s) at such a hearing will result in the case being dismissed and no further action being taken. However, a ruling in favor of the DCF—or a failure to contest the petition in the first place—may result in sanctions like placement in the DCF Central Registry and, in extreme situations, the loss of custody or parental rights.
“Substantiations” of abuse or neglect made by DCF are always worth taking seriously, especially if they lead to the DCF filing a neglect petition against you. That said, it is also important to remain as calm and collected as possible when facing this kind of legal proceeding since you may still have several options for contesting the allegations against you and avoiding further sanctions from DCF or the court system.
Handling DCF neglect petitions in Connecticut is virtually always easier with support from knowledgeable legal counsel. Call today to learn how a dedicated DCF defense lawyer from Mark Sherman Law can help you, and click here to view certified reviews from previous clients on our Avvo profile.
