Under Connecticut General Statute § 17a-101g, DCF has the right to remove a child from a home without parental consent or court action if DCF finds that the child is in imminent risk of physical harm and that immediate remove from the home is necessary to ensure the child’s safety. This means that DCF does not need to conduct any investigation before they can yank your children from your home and take you to court to terminate your parental rights.
In order to remove your children from your home, there must be a dangerous situation threatening your child’s safety. DCF’s criteria of dangerous situations includes situations where a child has been abandoned or not properly supervised, situations where a parent or guardian is dangerous to the child, and situations where the child is a surrounding that is physically dangerous.
If DCF believes there is a need to remove your child from your home longer than the initial 96-hour hold, the department will petition the court for an Order of Temporary Custody of your child. Parents can request a hearing to fight the removal of their child. Any parent threatened with the removal of their child should consult an experienced DCF defense attorney prior to going to court.
DCF investigations can either be classified as a Family Assessment Response (“FAR”) or a Full Investigation (“Full”). A Full is a much more intrusive and will lead to more services and DCF involvement than a FAR. No matter which investigation DCF launched against you, it must conclude within 45-days. Click here to read more about Family Assessment Response investigations.
Parents often ask if DCF needs a warrant to enter their home or speak to their children. While DCF is a government agency, they are not entitled to search your home or enter unlawfully. DCF is entitled to come to your home on their own volition to speak to your children and check on their well-being. Importantly, parents are entitled to legal representation during the entire DCF investigation and court process.
Parents often ask if they are legally obligated to cooperate with DCF or comply with DCF demands. No one is obligated to cooperate with DCF, unless they sign a legally binding service agreement or safety plan, agreeing to complete DCF services or allow DCF to remain involved with the family. Consult with an experienced attorney prior to speaking with DCF or signing any documents, as you may be waiving important rights.
If you have been contacted by DCF regarding allegations of suspected abuse or neglect, contact an experienced DCF defense attorney before you face the real possibility of DCF removing your child from your home for a 96 hour hold. Click here to read hundreds of certified reviews from past clients and call us today to discuss your case.
