After a mandated reporter suspects a child might be abused or neglected, they are required by law to call their suspicions in to the Department of Children and Families. After receiving a call, DCF will start an investigation into the matter with an eye towards dismissing the allegations or substantiating them. In addition to substantiation, placement on the DCF Central Registry, a Neglect Petition, and Termination of Parental Rights can follow.
After a DCF investigation, the Department may decide to file a Neglect Petition in the Juvenile Division of the Connecticut Superior Court. A Neglect Petition is kind of like a miniature trial. The Connecticut Attorney General’s Office represents DCF and the other parties are the child involved and the parents. Both the child and the parents are entitled to legal representation in these proceedings.
As a parent you have the right to admit or deny the allegations, and there are various motions you can file throughout the pendency of the petition to get helpful information or request that the court dismiss the case. To learn more about what happens during a petition, click here.
A Wilton, CT DCF defense attorney can be by your side throughout a neglect petition, helping to make sure your rights are honored, you’re filing the right motions, and you’re working towards a positive resolution for your family.
No. Neglect Petitions are not criminal accusations. You will not be arrested solely because of a neglect petition, and you cannot go to jail at the end of a neglect petition. However, and this is important, you may very well have an accompanying criminal case.
Oftentimes, Wilton Connecticut defense attorneys see DCF investigations alongside criminal prosecutions for risk of injury to a minor under Connecticut General Statutes (CGS) § 53-21, or assault in the third degree under CGS § 53a-61. Regardless of your charges, a defense lawyer can help you not only with a DCF investigation, but a criminal prosecution. To learn more about Wilton, Connecticut criminal defense, click here.
As a parent, if you are served with a neglect petition you have several important rights. You have the right to counsel, and if you cannot afford one you will be appointed one. The help from an attorney is encouraged because knowing what to expect before it happens can be beneficial. A skilled Wilton Neglect Petition Lawyer who has handled petitions before can help you understand what will help you most in defending your case and can work behind the scenes to communicate with the other attorney and DCF on your behalf.
Further, you have the right to remain silent during a hearing. Again, a lawyer can help you to understand how to most effectively protect your rights and assert your position.
If you have been served with a DCF Neglect Petition in Wilton, there is no time like the present to get the opinion of a seasoned DCF defense attorney. Check out our reviews from prior clients here, and call to set up a consultation with a lawyer at Mark Sherman Law today.
