I recently wrote a blog about whether DCF is allowed to interview a child without a parent or guardian’s consent.
This blog assumes grounds exist so that DCF is legally permitted to interview a child during an Investigation.
How then should that interview with the child be conducted?
C.G.S. 17a-101h states:
DCF shall conduct the interview in the presence of a disinterested adult unless immediate access is necessary to protect the child from imminent risk of physical harm and a disinterested adult is not available after reasonable search.
Let’s break that down.
1. The interview has to be conducted by a DCF Social Worker with a disinterested adult there. That means someone not part of the Investigation. DCF will usually bring another DCF employee to the interview. This does NOT satisfy the requirement since DCF, as the investigating agency, is clearly not disinterested!
2. An exception exists. If child is in need of immediate protection of physical harm AND a disinterested adult cannot be located after reasonable search then an interview can be still conducted. What constitutes immediate protection and reasonable search are fact driven. Unfortunately, many DCF Investigators have an overly broad definition of immediate protection. Furthermore, most make little or no effort to perform any search, much less a reasonable one.
The time may come when a Juvenile Court finally excludes a child’s statement based on the manner in which DCF conducted an interview.
In addition, (and notwithstanding that DCF has some immunity), there may be a case so egregious that civil liability is imposed against DCF.
Questions about DCF interviewing a child? Please contact me.