Having the Connecticut Department of Children and Families (“DCF”) open an investigation into you and interfere with your daily life can be very uncomfortable and stressful. If the DCF finds enough evidence during its investigation to “substantiate” an allegation of child neglect or abuse made against you, you may quickly find yourself facing family court proceedings that are not just uncomfortable and stressful, but potentially life-changing.
“Neglect petitions” filed by DCF based on a “substantiated” finding from an investigation are undoubtedly serious, but you can effectively contest this sort of legal action if you understand how to and make effective use of your rights under Connecticut state law. No matter what specific circumstances led to the petition being filed or what outcome you are trying to pursue, fighting a Westport DCF neglect petition will invariably go more smoothly—and have better chances of success—with a skilled DCF defense lawyer on your side.
When the DCF files a neglect petition, they are essentially making two claims at once: first, that a child in the defendant’s home was demonstrably “abused,” “neglected,” or “uncared for,” and second, that the mistreatment in question is and will continue to be severe enough to justify a specific form of intervention by a family court. These two claims are sometimes respectively referred to as the “adjudicatory” and the “dispositional” phases of a neglect petition trial.
In both phases, the burden of proof that the DCF has to meet in order to convince a court to take further action on a neglect petition is “by a fair preponderance,” which essentially means they need to show with the evidence they present that it is more likely than not abuse or neglect occurred. In addition to being a much lower standard of proof than the “beyond a reasonable doubt” standard applicable to criminal trials, this standard also allows DCF to use circumstantial evidence and even outright hearsay to support their case in some situations.
Even if you have lots of evidence supporting your side of the story, effectively fighting a Westport DCF neglect petition is far from a simple process. In fact, you may have serious trouble even getting to court in the first place if you do not have an experienced legal professional on your side to help you navigate the procedural rules for this sort of case.
With a dependable lawyer’s help, you will be able to more proactively enforce your rights and secure the most favorable result possible from this sensitive and high-stakes proceeding. Call Mark Sherman Law today for a private consultation.
