In most cases in Juvenile Court, DCF alleges that the child has been neglected or abused. That is the neglect or abuse has already occurred.
But, there are occasions where DCF seeks a finding of neglect not based on what has already happened but based on what may happen in the future. This called is often referred to as “predictive neglect.” This concept is often associated with children born after the family has already had significant DCF involvement with other children.
This theory has been accepted by Juvenile Courts on the premise that since DCF is a child welfare agency they are not required to wait for a child to be actually harmed to protect a child.
Previously, DCF could establish “predictive neglect” by simply proving that the child would be at potential risk of neglect if the child remained with their parent or caregiver.
However, a recent ruling from the Connecticut Supreme Court clarifies the proper standard for finding children neglected under the theory of “predictive neglect.” DCF can no longer establish neglect based on potential risk. Instead, DCF must show a bit more. They must prove that it is more likely than not that child will actually be harmed.
This new standard will make it somewhat more difficult for DCF to adjudicate children based on “predictive neglect” though I suspect that we will still see these types of cases in Juvenile Court.
Please contact me to discuss DCF cases in Connecticut.