DCF must inform parents of their legal rights at the beginning of the DCF Investigation.
In the past, an Investigator would sometimes present parents under Investigation with a two page document called a “Parent’s Right to Know Pamphlet.” The pamphlet was 2 pages of questions and answers concerning basic answers to questions surrounding the State’s involvement. The Social Worker would often give the Pamphlet to parents at the end of the initial visit after parents had already made damaging statements, signed releases or otherwise already has their rights infringed upon. I am also aware of cases in which the Investigator didn’t provide the Pamphlet at all and still other cases where DCF engaged in completely inappropriate and threatening investigatory techniques.
This law is designed to ensure that parents know their rights at the onset of the Investigation; not after it’s too late.
Parents must be informed of the following:
- The parent is not required to permit DCF into their residence without a warrant;
- The parent is not required to speak with DCF;
- The parent is entitled to have an attorney present when the parent is questioned:
- Any statements made by the parent may used against the parent;
- The Social Worker cannot provide legal advice;
- The parent is not required to sign any document presented by the Investigator. This will hopefully negate a classic technique whereby they coerce a parent into signing releases or Service Agreements under the threat of removing the child unless the parent signs the presented document(s).
- Advise parents that they should communicate with the Social Worker or immediately seek the advice of a qualified attorney.
These requirements will hopefully maintain the integrity of the Investigation by balancing the rights of parents to raise their children free from state intrusion while allowing the State to safeguard children who legitimately need their protection.
I represent clients in DCF related matters through out Fairfield and New Haven Counties including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation regarding a DCF Investigation.