Any time the Connecticut Department of Children and Families (“DCF”) decides a criminal charge or third-party report suggests that child abuse or neglect may be occurring, the ensuing investigation can be stressful and inconvenient for everyone involved. What is much more stressful, though, is if DCF investigators find enough evidence over the course of their 45-day investigatory period to “substantiate” the allegations that led to the case being opened in the first place.
Fortunately, you have a right to request that the Department give the findings of their investigators a second look before proceeding with a neglect petition or any other corrective action against you. If you have questions about DCF internal reviews in Westport or how best to go about pursuing one, a seasoned DCF defense lawyer can provide the answers and information you need.
If the DCF decides that they have found sufficient evidence to show that it is more likely than not that a child has sustained physical, psychological, or moral harm through abuse or neglect at home, they will notify the parent(s) or guardian(s) subject to that investigation about the decision through the mail. More specifically, the DCF will send DCF Form 2210a (Notification of Investigation Results – Substantiated Form) to the parent(s) or guardian(s), which should include basic information about what the investigators found and what action the DCF wants to take next.
Along with this form, the DCF should also provide DCF Form 2210b, which has a box on it that, if checked, indicates that the recipient(s) want to request an internal review of the DCF investigators’ findings. Filling out this form and mailing it back to the DCF within 30 days of receiving the initial notification formally starts the DCF internal review process in Westport.
Once the DCF begins an internal review of a “substantiated” finding from an abuse or neglect investigation, they have a total of 30 calendar days to complete that review and render a decision. If the DCF finds that their investigators did not have enough evidence to establish probable cause that abuse or neglect occurred, they will note that the original ruling has been “reversed,” notify the target(s) of the investigation of that reversal and close the case without any further action.
If the original decision by investigators is “upheld” following an internal review of a Westport DCF case, the target(s) of the investigation has 30 days from receiving written notice of that decision to request a DCF Administrative Hearing, which begins the process of formally appealing the DCF investigators’ decision. At this point, it is essential to get help from experienced legal counsel quickly since appeal hearings can be complex and evidence-heavy proceedings with very high stakes attached to them.
Technically, DCF internal reviews in Westport are not officially part of the process for appealing a substantiation of abuse or neglect allegations by DCF investigations. That said, requesting an internal review is a key prerequisite to pursuing an official appeal, and it is not uncommon for substantiations to be reversed through this internal process without you needing to take any further action.
With this and all other parts of the DCF case process, support from a knowledgeable lawyer is vital to protecting your whole family’s best interests while minimizing additional heartache and stress. Call Mark Sherman Law today for a consultation, and click here to view our AVVO profile and read what our previous clients have said about working with us.
