Have you been served with a DCF 96 hour hold?
Connecticut DCF can use a 96 hour hold to remove a child from his or her home without an order from a judge.
DCF uses this 96 hour hold authority when:
1. There is probable cause to believe that the child is in imminent risk of physical harm from his or her surroundings; AND
2. Immediate removal is necessary to ensure the child’s safety.
DCF cannot hold the child longer than 96 hours without a court order.
DCF invokes these holds when there is not enough time for DCF to request an Order of Temporary Custody from a judge.
Examples of when a DCF may invoke a 96 hour hold include:
- Serious physical illness
- Serious physical injury
- Dangerous surroundings
During the hold, DCF will assess whether the child can be safely returned to their home, but usually they will file an Order of Temporary Custody and a Neglect Petition.
If a judge gives DCF temporary custody, the parents will be summoned to Juvenile Court where they will be given an opportunity to contest the judge’s decision and request that the child be returned to their care.
I represent clients involved with DCF though out Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about a DCF 96 hour hold.