If the Connecticut Department of Children and Families (“DCF”) finds significant evidence during an investigation that indicates you are mistreating your child or children in some way, the Department may file what is known as a “neglect petition” against you. This is essentially a formal request for the part of the state Superior Court dealing specifically with juvenile matters to take additional legal action against you, which could potentially mean a court order reducing or even outright removing your custody or parental rights over your kids.
It goes without saying that DCF neglect petitions in Darien are extremely serious matters, but they are also not the kind of thing you should try to fight back against on your own. Given how high the stakes may be and how complex the process of challenging a neglect petition usually is, you will almost certainly need help from a seasoned DCF defense lawyer if you want a good chance of achieving a favorable result from your case.
A “substantiation” of child abuse or neglect allegations by DCF investigators in Darien does not automatically mean the DCF will file a neglect petition against the subject(s) of that investigation. In some situations, the DCF may refer the case to an Ongoing Services Supervisor for further monitoring or recommend less extreme measures like the imposition of a parenting plan.
As per Connecticut General Statutes (C.G.S.) § 46b-120, though, DCF can go a step further and file a neglect petition if they find evidence substantiating a suspicion that a child is experiencing severe physical, psychological, or sexual abuse at home, has not received sufficient “care and attention” to a degree which has significantly harmed their physical, emotional, or moral wellbeing, has been “abandoned,” or is “uncared for.” A DCF defense attorney can go into further detail about how both state law and DCF authorities define these terms during a private initial meeting.
Once the DCF files a neglect petition against someone in Darien, that person can either accept the DCF’s decision—which can sometimes, but not always, be the best option for minimizing long-term repercussions—or formally contest it. In the latter scenario, there will be a trial in family court to determine whether a “fair preponderance” of the evidence shows the DCF has valid grounds for their neglect petition and, if so, what action should be taken by the court to address the underlying issues.
In many situations, the DCF seeks to have a court order for protective supervision imposed against the subject(s) of the neglect petition, allowing the impacted child(ren) to stay in the household with their parent(s) or guardian(s) provided that significant changes are made. In more extreme scenarios, though, the DCF can seek to have custody of the impacted child(ren) committed to the DCF and removed from the subject(s) of the neglect petition.
Any time DCF accuses someone of abusing, neglecting, or otherwise mistreating their children, the actions they take in the days and weeks afterward can have a significant impact on the rest of their lives as well as the lives of their children. When it comes specifically to handling DCF neglect petitions in Darien, your first action should almost always be seeking help from experienced legal counsel.
A knowledgeable attorney can be the ally you need to fully understand your rights in a situation like this and then proactively enforce those rights through the proper channels. Call Mark Sherman Law today to schedule a confidential consultation and discuss what options may be available to you in your unique situation. You can also click here to read what previous clients have said about working with us.
