DCF Investigations, Hearings, & Appeals

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The Department of Children and Families (“DCF”) investigates matters involving the welfare of children. When DCF becomes involved in a family’s life it can present a challenging situation to properly manage without representation. DCF decisions, which are not always correct, can have a materially adverse impact on the daily functions of a family. 

DCF cases originate from multiple sources. An arrest for criminal charges which involve children as victims or who are present when alleged criminal activity occurs, is a major source of DCF investigations. This commonly occurs in domestic disputes involving married or co-habitant parties. 

Another significant source of DCF investigations derives from professionals who are designated as mandatory reporters by state law. As defined under Connecticut General Statutes §17a-101, those individuals are required to report a “reasonable cause to suspect or believe” that they have about child abuse and/or neglect to DCF. (Conn. Gen. Stat. §17a-101a). There are various types of mandatory reporters. They include teachers, school staff, coaches, camp directors, clergy members, healthcare providers – doctors, nurses, hospital staff – and mental health professionals who are under a legal obligation to report reasonable suspicions of child abuse and/or neglect to DCF. 

A further considerable source of DCF investigations is contentious divorce proceedings. The criminal justice system and DCF are often wrongfully weaponized by an adverse party to a family case in an attempt to gain an unfair advantage in divorce proceedings. Unfortunately, this is an approach that is utilized with some frequency in Fairfield County. This type of effort must be strongly resisted. 

Pursuant to Connecticut General Statutes §17a-101g, DCF is charged with promptly investigating any reports of suspected child abuse or neglect. DCF’s investigation protocol includes meeting with members of the family, alone with the minor children, inspecting the home where the children live, and obtaining various medical, dental, and school records to ensure that the children are receiving proper professional care and education. 

In some circumstances, after conducting their investigation and being provided with the necessary documentation, the DCF case worker will decide to close the investigation. The case worker may provide the family with information regarding additional resources that they can utilize if they wish, to address family problems in the future. In another potential outcome, DCF may continue to monitor the situation for a period of time, which can involve requested professional assistance to the family, until the case worker is satisfied that the children are not at risk. The case is then closed. 

In other instances, the DCF case worker substantiates allegations of abuse or neglect against an adult with regard to their conduct involving a child. If DCF substantiates any type of abuse, they will also determine if it is appropriate to place the adult on the Child Abuse and Neglect Central Registry (“Registry”). The case worker makes that determination if DCF finds that the person poses a risk to the health, safety or well-being of children. This Registry is accessible to current and prospective employers whose work involves contact with children. Additionally, any federal, state, and local licensing authorities that regulate activities that involve children have access to the Registry. 

Any determination of abuse or neglect, or placement on the Registry is subject to challenge by an appeal process. It is strongly recommended to retain counsel to navigate the appeal process since it involves significant factual and legal issues and particularly if it involves placement on the Registry. 

Prior to pursuing an appeal, the aggrieved individual (the petitioner) has the right to request an internal review by a DCF attorney of the abuse determination. As part of that process, counsel can submit a detailed, written argument to inform DCF as to why it should reverse its substantiation decision. This is a very important step in the process. DCF may, on its own, reverse the substantiation findings of the case worker. If DCF does not reverse its substantiation findings, the petitioner has the right to request an administrative hearing, which is a confidential proceeding conducted before a hearing officer. 

At the hearing, DCF has the burden of proof to demonstrate that the substantiation decision was correct. This must be shown by a preponderance of the evidence. Normally, the DCF case worker who investigated the case testifies in the hearing for DCF. The petitioner is allowed to cross-examine the case worker and to present any evidence refuting the substantiation determination, including his or her testimony.  The content and presentation of the evidence, by the petitioner, at the hearing is critical to prevailing on the appeal. 

Once the evidentiary portion of the hearing is concluded, counsel for the petitioner has the right to make an oral argument to the hearing officer as to why the substantiation determination should be reversed. The hearing officer, usually within 30 days, renders a written decision on whether the substantiation determination should be reversed or upheld. 

If the hearing officer upholds the substantiation determination by DCF, the petitioner has the right to file a lawsuit against DCF and request a Superior Court judge to review the DCF investigation, the administrative hearing, the evidence in the case, and to make an independent determination on whether the substantiation determination should be upheld or reversed. 

Like with any government agency, the fairness and objectivity of the DCF investigation depends upon the quality of the investigation. Having representation throughout any DCF procedure will help ensure that all relevant and favorable information to you is submitted to DCF for its consideration in making a determination regarding the existence of child abuse or neglect.