This blog is about Connecticut DCF appeals concerning a DCF Substantiation and/or a Central Registry decision. It does not pertain to appealing other orders, which were entered in the Juvenile Court.
As mentioned in a previous blog, DCF has 45 days to complete their Investigation. At the conclusion of the Investigation, the parent or guardian will receive a form called “Notice of Investigation Results.” Obviously, no need to appeal if the case is “Unsubstantiated.” However, if the matter is “Substantiated” you may wish to appeal. If you are being placed on the Central is Registry you should appeal.
The first step in the appeal process is to request an Internal Review. You must make this request in writing within 60 days of receiving the Notice of Investigation Results.
DCF has 30 days to perform the Internal Review. This process involves another look at your case, usually by a member of their Legal Unit or Social Work Supervisor. You are entitled to submit any documentation that is relevant to the issues being appealed. In addition, DCF will often agree to a sit down with you and/or your attorney to discuss issues.
In the event that the Substantiation is upheld, you must ask for an Administrative Hearing within 30 days. The Hearing is an opportunity to cross examine the State’s witnesses and bring in witnesses of your own. You can also present any documents, which support a reversal of the original decision. A Hearing Officer presides and must render a written decision within 30 days.
A few points:
1. It is extremely important to present your best case at the Administrative Hearing level. While you can appeal the Hearing Officer’s decision to the Superior Court, your chances of success there are slim. The Superior Court grants deference to the decision made by the Hearing Officer.
2. Be careful how you handle other parallel court matters. If another court makes certain findings, you may be barred from appealing your Substantiation. Watch out in particular for how a Juvenile Court case or a criminal case is resolved.
3. Some cases lend themselves nicely to “cutting deals with DCF.” For example, you may make certain concessions in exchange for DCF reversing other findings. Skilled negotiation in this area is of utmost importance.
Please contact me by email or call (203) 259-5251 to discuss Connecticut DCF appeals.