If the Connecticut Department of Children and Families (“DCF”) determines that the allegations of child abuse or neglect against you are substantiated, they may choose to file an action against known as a “neglect petition.” This petition is essentially a formal request for a court to step in and impose significant restrictions on you and your interactions with your family, potentially including the loss of custody or parental rights.
Just like with any other decision made by the DCF, though, you have the right to file an appeal against a neglect petition and potentially get a court to dismiss the DCF’s case against you. If you want to have the best chances of success with appealing a Darien DCF neglect petition, retaining and working closely with an experienced DCF defense lawyer will be a virtual necessity.
From the moment you first receive notice from the DCF that they have issued a “substantiation” decision for an investigation they opened into you, you have 30 calendar days to request an internal review of that decision. This must be done in writing by filling out and submitting a form, which should be included alongside the DCF’s notice about their investigation findings. Filling this form out correctly will prompt the DCF to send the case in question for review by someone within the agency other than the people directly involved in the original investigation.
If DCF’s internal review process does not result in the neglect petition being overturned, the subject of that petition can continue appealing it by requesting an administrative hearing. Once again, the deadline for requesting this hearing is 30 calendar days from the date on which the subject of the neglect petition is informed by mail that the DCF’s internal review has concluded.
One important thing to understand about appealing a Darien DCF neglect petition in a broad sense is that the goal of the appeal is not necessarily to prove that absolutely no abuse, neglect, or mistreatment occurred at all. Instead, the primary goal in a practical sense is to show that the DCF did not have reasonable cause to file a neglect petition based on the evidence they uncovered, whether that means that they should have taken a less severe course of action or that they should not have “substantiated” the allegations against you in the first place.
The administrative hearing stage of the appeals process is usually the best opportunity to do this since it allows the subject of the neglect petition a chance to present evidence and testimony in their own defense and with the goal of countering claims made against them by DCF. Guidance from seasoned legal counsel is important during every stage of an DCF appeal, but especially during this last and most crucial portion.
Filing an appeal of any type of DCF action against you can be an intimidating experience, especially when that action is a neglect petition that could fundamentally alter your life if it goes through. Fortunately, knowledgeable legal professionals who have handled cases like yours before can assist you with understanding and enforcing your rights.
Appealing a Darien DCF neglect petition is not something you should try to or have to do on your own. Call today to learn how a skilled attorney from Mark Sherman Law can help with your unique situation. You can also click here to view what our previous clients have to say about working with us.
