What is a DCF Substantiation? After Connecticut DCF completes an Investigation of abuse or neglect, they send a form letter to the alleged perpetrators. The letter will state whether the allegations are “unsubstantiated” or “substantiated.”
The operational definition in the Policy Manual is that a DCF Substantiation results when: “DCF has concluded that there is” reasonable cause “to believe that child abuse or neglect has occurred.”
But “reasonable cause” is a slippery concept. On the same set of facts, reasonable (pun intended) social workers could disagree on whether abuse or neglect should be substantiated.
See – there really is no exact definition – each case is judged on its own unique circumstances.
Some social workers require credible evidence and will appropriately consider the case carefully rather than rushing to judgment. Unfortunately, sometimes mere suspicion seems enough for a DCF Substantiation.
Now for some good news.
If there is a DCF Substantiation, a parent has a right to appeal that finding through an Administrative Hearing.
Better news.
When a case is appealed, DCF has the burden of proof to establish by a fair “preponderance of the evidence” submitted at the Hearing that abuse or neglect occurred.
This standard is higher. This standard is also neatly defined: more likely than not is what “preponderance of the evidence” really means.
Not guesswork. Not mere suspicion. Not a “smell test.” Actual evidence is necessary for the appeal to be upheld.
And when the evidence is simply not there the Substantiation is reversed.
I represent good families with bad DCF problems throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
These appeals are time sensitive so contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 today schedule a consultation about a DCF Substantiation.