Medical Neglect Investigations almost always start with either a pediatrician or a doctor at a hospital making a referral to DCF. These referrals usually involve allegations that either:
- A parent is refusing to authorize medically indicated treatment for their child; or
- A parent has missed a series of medical, dental or mental health appointments.
These referrals to DCF typically result in “full” Investigations rather than an abbreviated Investigation that DCF might conduct for less serious matters. On the surface, this makes sense. Obviously, no one wants a child to be medically compromised. With medical cases, there can be a lot of complex (maybe technical) information for DCF to evaluate.
However, there are instances where DCF is not getting the complete story. At least not initially.
I find this is especially true in cases where families have sought out second and third opinions regarding their child. For example, there might be legitimate and conflicting medical opinions as to diagnosis, causation and what the appropriate treatment should be. It is unlikely that DCF would be aware of this when the call first comes into the Hotline.
Of course, there are many other reasons from a parent’s perspective as to why their child has not been neglected. These reasons need to be presented in an organized and logical fashion to DCF so that the whole picture is painted.
By the way, failing to provide immunizations and/or routine well child care by itself does not constitute medical neglect. In other words, DCF needs more to Substantiate neglect or to file a Neglect Petition in Juvenile Court.
If DCF does Substantiate Neglect, a parent has a right to appeal that decision. A parent also has a right to an attorney if they are summoned to the Juvenile Court. Representation in this type of case is crucial.
You may contact me by email or by calling my Fairfield office at (203) 259-5251 or in Stamford at (203) 356-1475 if you have questions about Medical Neglect.