When DCF believes that allegations of abuse or neglect require court involvement they will file a Neglect Petition. In the Stamford Juvenile Court DCF cases usually occur on Thursdays.

Here is an overview:

Orders of Temporary Custody

In the most urgent of cases, DCF will remove a child under a 96-hour hold and then apply to a judge for an Order of Temporary Custody (OTC). For a judge to grant an OTC, there must be a finding that the child needs immediate protection. During this process, DCF will explore suitable relatives for temporary placement. If none is available, the child will be placed in foster care. Every OTC application will have a Neglect Petition.

Neglect Petitions

In cases where an OTC is not necessary, DCF may still file a Neglect Petition. Usually these types of Petitions allege that the child is being denied proper care or being permitted to live under circumstances injurious to their well-being.

Possible Outcomes

If DCF cannot prove at least one of their allegations, the Neglect Petition will eventually be either withdrawn by DCF or dismissed by a Juvenile Court judge.

For those cases in which DCF can establish one or more of their claims, the Neglect Petition will play out in one of the following ways:

Protective Supervision. The child continues to live with the parents or guardians but DCF has court-imposed oversight over the family for a specified period of time. The parents are provided with Specific Steps, which set forth what is expected of them to retain custody and ultimately have the case end.

Commitment. DCF becomes the child’s legal guardian. The child’s residence or other placement is determined by DCF.

Transfer of guardianship. A third party (not DCF) becomes the child’s legal guardian. The judge must make a finding that the proposed guardian is suitable and worthy to assume the role of guardian. Ordinarily, the guardian is relative but there are some instances where a non-relative assumes guardianship.

For most DCF Neglect Petitions, a parent should consider representation by an attorney. If you cannot afford an attorney, you are entitled to court appointed counsel because of the serious nature of these proceedings.

Contact me online  or call me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 for a consultation regarding your Stamford Juvenile Court DCF cases.

 

CategoryJuvenile Court

© 2018 by Brian D. Kaschel Law Office. All rights
reserved. Disclaimer l Site Map l Privacy Policy l
Website by Six7 Marketing

logo-footer