Being investigated by the Department of Children and Families (“DCF”) under any circumstances is stressful, but having the DCF “substantiate” their suspicion that you abused or neglected your children can potentially change the course of your life. Especially since DCF investigators are not held to the same standards of proof as criminal prosecutors, it can feel confusing and unfair that they sometimes substantiate allegations of mistreatment based on flimsy, circumstantial, or otherwise inconclusive evidence.
With that in mind, it is essential to understand and then make effective use of your right to contest any such conclusion that DCF investigators make about you and your family. With help from our experienced Darien DCF appeals lawyer, you will be able to more proactively pursue an appeal as well as have far better chances of securing a favorable result.
If the DCF decides that they have found enough evidence through an investigation to support their suspicion of child abuse or neglect, they will inform the target(s) of the investigation of their decision in writing by mailing them a Notification of Investigation Results – Substantiated Form in the mail. It is worth noting here that if DCF investigators decide the allegations of mistreatment are “unsubstantiated,” they will permanently close the case in question, and no one involved in it will have the right to appeal the decision or request further investigation into that specific allegation.
From the moment someone receives a Substantiated Form, they have 30 calendar days to fill out an appeal request—which should be included alongside the Substantiated Form—and submit it to the Department. The DCF will then conduct an interview review of its investigators’ findings and decide whether or not to affirm their previous decision or give the subject person the opportunity for a hearing before an administrative hearing officer.
If the DCF affirms its original decision following its internal review, the target(s) of the investigation in Darien and their attorney can request a DCF appeal hearing, which will usually take place at the nearest DCF field office. This hearing will work broadly like a criminal trial would and will be attended by a lawyer representing the DCF as well as a hearing officer employed by the DCF to serve as a neutral arbiter for the proceedings.
During the hearing itself, both sides may present evidence and testimony in support of their position on the DCF’s initial conclusion, but the DCF has the burden of proving they had reasonable cause to substantiate abuse or neglect allegations in the first place. Any failure by the DCF to meet this standard of proof can result in their original decision being overturned and their case against the “defendant(s)” who filed the appeal being closed.
Just like not all DCF investigations are guaranteed to result in neglect petitions, not all appeals against DCF actions are guaranteed to have favorable outcomes for the person pursuing the appeal. With that said, enforcing your right to appeal an inaccurate or unjust assessment of your home life by the DCF can be vital to protecting not just your best interests but those of everyone in your family as well.
An experienced Darien DCF appeals lawyer can explain your options for contesting allegations of neglect or abuse in more specific detail during a confidential initial meeting. Call Mark Sherman Law today to schedule yours and view what previous clients have to say about working with us here.
