The Connecticut Department of Children and Families (“DCF”) can elect to open an investigation into someone based on a charge of criminal “family violence” filed against them or based on a third-party report alleging the same. Either way, the Department has fairly broad authority to conduct surprise home visits, interview you and various other members of your family, and potentially recommend disciplinary action, which could include measures as extreme as the loss of custody rights.
DCF investigations specifically pertaining to sexual abuse allegations tend to have especially high stakes, and they also tend to be uniquely challenging to contest in effective ways. If you have had a Connecticut DCF sexual abuse investigation opened against you or suspect you may soon be subject to one, you should make contacting an experienced DCF defense lawyer your number-one priority.
The primary difference between a DCF sexual abuse investigation and a criminal sexual abuse investigation in Connecticut is that the former is technically a civil proceeding while the latter is a criminal proceeding. While both may occur simultaneously, they are legally distinct actions overseen by different parts of the Connecticut state government, and each distinct proceeding may have a very different outcome from the other.
Civil cases have a less strict standard of proof that criminal cases and they also carry different penalties than criminal cases. While criminal cases use a standard of “beyond a reasonable doubt” to secure a conviction, DCF investigators only have to substantiate underlying allegations based on a “preponderance of the evidence,” which means it is possible for DCF to conclude sexual abuse has occurred even if criminal charges related to the alleged abuse are dismissed or never even filed in the first place.
DCF’s purpose is to protect children from being harmed by people who are supposed to be caring for them, so the goal of a Connecticut DCF investigation into alleged sexual abuse will be to determine whether one or more children in the investigated person’s care are being physically, psychologically, or morally harmed through some form of sexual misconduct. To reiterate, the actions of a person under investigation by DCF do not necessarily need to rise to the level of criminal sexual abuse in order for DCF to find they have placed their child in harm’s way.
With this in mind, DCF investigators typically focus on conducting multiple rounds of interviews with everyone in the investigated household, showing up unexpectedly for home visits, and—if they are allowed to do so—speaking with the teachers, pediatricians, and other family members and caregivers of potentially abused children. They generally have a maximum of 45 days to conduct their investigation, at which point they must decide whether the underlying allegations are “substantiated” and either close the case or recommend that a court take further disciplinary action.
Being accused of sexually mistreating your children in any way is an upsetting experience for any parent or guardian to go through, especially if it comes paired with criminal charges filed against you. It is important to remember, though, that you have a right to defend yourself against this kind of allegation in all forums—public, private, criminal, and civil.
Dealing specifically with a Connecticut DCF sexual abuse investigation will be much easier with support from a seasoned DCF defense lawyer who has handled situations like yours before. Call Mark Sherman Law today to discuss your options, or click here to read more than 300 certified reviews from satisfied past clients.
Fighting a Connecticut DCF Sexual Abuse Investigation From Over 10 Years Ago
