What are the rights of parents in Connecticut Juvenile Court when DCF files an Order of Temporary Custody or Neglect Petition in Connecticut?
At the preliminary hearing date, the judge will determine whether the necessary parties are present and that they have properly served with the documents DCF filed. In addition, the judge will usually summarize the allegations made by DCF against the parents or guardians. This is also the time that the parents are advised of their legal rights of parents.
These important rights of parents in Connecticut Juvenile Court include:
1. The right to remain silent. Although a DCF matter is not a criminal proceeding, the parents have the right not to speak to anyone (including DCF) about the case. Any statements, oral or written, may be used by DCF to prove their allegations. If a parent chooses to speak with others about the case, they have the right to have their attorney present during those discussions.
2. The right to be represented by an attorney. Given the magnitude of what could be at stake, it is unwise for parents to represent themself in a DCF case. If a parent cannot afford counsel and wishes to have legal representation, the Juvenile Court judge will make sure that counsel is appointed for them.
3. The right to a trial. In many DCF cases, agreements are reached and therefore no trial is necessary. Being properly prepared for trial often facilitates settlement with DCF. But when there is no acceptable resolution, parents have the absolute right to force DCF to prove their allegations before a judge at a trial.