DCF Administrative Hearings are the way to contest a DCF decision. This hearing should be requested after an unsuccessful DCF Internal Review or other failed negotiations with DCF.
DCF Administrative Hearings Lawyer
Essentially, a DCF Administrative Hearing is an appeal when a parent or other individual disagrees with a DCF Substantiation, Central Registry placement or other proposed action by DCF. This person is called the Appellant.
These Hearings are presided over by a Hearing Officer. The Hearing Officer will rule on the admissibility of evidence, rule on objections, decide whether certain privileges apply (i.e. therapist, doctors etc.), consider motions which have been filed and ultimately decide whether to uphold or reverse DCF’s Investigation conclusions. It is the Hearing Officer’s job to ensure that the hearing proceeds in a logical manner and that the Appellant is provided with due process. Think of a Hearing Officer like a judge. He or she must listen to and evaluate all the evidence and oversee the Hearings.
The Appellant has four important rights at DCF Administrative Hearings:
- Testify to present their side of the story
- Present witnesses that support their position
- Offer documents (exhibits) to provide additional information
- Cross examine any adverse witnesses called by DCF including the DCF Investigator
The Hearing Officer has thirty days to render a written decision in the case of a Substantiation or Central Registry appeal. If the Hearing Officer decides against DCF, the decision is binding on DCF – they cannot appeal further. If the decision upholds DCF’s original findings, the case can be appealed by a parent or other individual to the Superior Court. However, be mindful that appeals to the Superior Court are rarely successful. The best chance for a reversal is at the Administrative Hearing. Get it right the first time.
I represent clients in Connecticut Family Court and Divorce proceedings though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact my office online or by calling me in my Fairfield office at (203) 259-5251 or in my Stamford office at (203) 356-1475 to schedule a consultation concerning DCF Administrative Hearings.