I get this questions often: Can DCF speak with my child?
It is clear that DCF is allowed to interview a child during an Investigation with the parent or guardian’s consent. And sometimes permitting a child to speak with a Social Worker makes sense.
The real question is whether a Social Worker is allowed to interview a child as part of an Investigation without the consent of the parent or guardian.
There is a statute on point is Connecticut General Statutes Section 17a-101h.
General rule: Consent of the parent or guardian is required to interview a child.
Exception: If DCF has reason to believe that the parent or guardian is the perpetrator of the alleged abuse then consent is not required.
Note that they must be investigating abuse – claims of neglect are insufficient to warrant a non-consensual interview of a child. This is a huge distinction that most Investigators fail to appreciate.
Maybe it is ignorance.
Or maybe Social Workers are simply relying on their Policy Manual, which completely misses the law.
Section 34-6 of the Policy Manual inexplicably expands the exception to include non-consensual interviews of children in all cases of abuse AND neglect.
That’s right – the DCF Policy Manual disregards the statute.
And their definition creates an unacceptable standard. If we follow their logic, there is essentially no exception since virtually every case DCF investigates involves either allegations of abuse or neglect.
The end result is that Social Workers often impermissibly interview children during Investigations.
The law is clear. But it’s ignored far too often.
Please email me or call (203) 259-5251 if you would like more information on DCF Investigations.