The ability to sue Connecticut DCF may be just a little easier now. Or at least the claim will be processed faster.
DCF as a state agency is generally immune from liability and from lawsuits. Therefore, a person or family injured or damaged by DCF must request permission from the Claims Commissioner to sue DCF. In the past, there was a backlog of cases. Some sat for months or even years with no action. All the while the family waited anxiously to hear whether they could sue Connecticut DCF. But new legislation will hopefully change that.
Here is a summary:
- Expedites claims by allowing Magistrates selected by the Chief Court Administrator to hear claims to eliminate the backlog of nearly 200 claims.
- Requires Claims Commission to publish and follow “simple, uniform, expeditious and economical procedures” for processing of claims.
- Confirms jurisdiction exists for all claims that have been subject to Motions to Dismiss due the Claims Commissioner’s failure to act on claims pending for more than two years.
- Requiring the Claims Commissioner to “immediately authorize a lawsuit” against the State without a hearing for any claim that is “related to any action pending in Superior Court.”
These cases have very strict filing and timing requirements. It is important to get a potential claim evaluated as soon as possible. Contact to schedule a case evaluation before it is too late.
I help parents throughout Connecticut file claims against DCF.
Connecticut DCF Lawsuit Attorney
I also represent DCF clients in Connecticut Juvenile court and related proceedings though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 to schedule a case evaluation concerning a potential lawsuit against Connecticut DCF.
Joint legal custody in Connecticut is about decision making. Ordinarily, it gives both parents equal rights to make major decisions for their children. This is the usual arrangement but there are instances when joint legal custody is not in the child’s best interest. For example, if a parent has a history of using poor judgement or other circumstances where it is apparent that the parents will not be able to make decisions together.
So what is a “major” decision? Joint legal custody decisions are those issues concerning health, education and religious upbringing. A parent with sole custody makes these decisions without the need to consult with the other parent.
But not every decision needs to be made together between the parents. Routine, day to day decisions, are made by the parent with whom the child is with at that time. For example, discipline, diet, bedtime and the child’s activities for that day are not considered part of legal custody.
In some instances, parents can agree to list in their Parenting Plan other decisions that they believe require joint consultation.
There are variations on legal custody. Sometimes the parents are equal footing and neither can take unilateral action. Other times, the parents must consult but one parent is granted the authority to make the final decision on the issue. Still other times, one parent might be given decision making on one issue like education but the other parent makes medical decisions for the child.
Regardless of the specific joint custody arrangement, either parent is permitted to make emergency decisions for a child. For example, when the child is injured and requires hospitalization.
I represent clients with joint custody issues throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 for additional information concerning joint legal custody in Connecticut.
Connecticut shared custody of children is more and more common in the Family Court. And greatly involving both parents in the life of children is always optimal. But not every custody case is appropriate for a shared custody arrangement.
Here’s a logical way to analyze whether shared custody is right for your family.
For starters, shared custody is only ordered when there are no parental fitness issues such as substance abuse, untreated mental health problems or recent child neglect or abuse. Any consideration of shared custody assumes that both parents are fit and capable of parenting the child for long periods of time. Seems obvious but worth a mention.
Assuming there are no identified parental fitness concerns then consider three potential obstacles: conflict, geography and parental availability.
Flexibility and cooperation are necessary. There will be times when the parenting time has to be adjusted to accommodate the children’s schedule. With shared custody, there is likely to be significant contact between the parents. In essence, the children have two homes and both parents need to buy into that concept. Undermining the other parent or being critical of their parenting style are barriers. When the parent’s relationship is marred by high conflict the forecast is bleak.
If the parents reside a great distance from one another it can be challenging. And its not just about distance – its the time of the day and the traffic considerations. The children deserve better than spending inordinate amounts of time constantly traveling between two different residences.
Shared custody isn’t practical if one of the parents has a demanding work schedule. This could mean long work days or regular travel. Then by default, one of the parent’s becomes the residential parent.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 for additional information concerning this issue or any Family Court matter.
Immediate Temporary Custody in Connecticut can be granted to a non-relative in Probate Court if certain conditions exist. There are several different scenarios in which a Probate Court can grant Immediate Temporary Custody. However, as a practical matter, it almost involves a situation where the child is not in the physical custody of one of the parents and the child needs immediate protection. The individual with whom the child is then residing petitions the Probate Court for a court order.
When the child is imminent danger and they are with a parent, then DCF files for an Order of Temporary Custody in Juvenile Court.
The Probate Court will grant Immediate Temporary Custody if:
1. The child was not taken or kept from the parents or other legal guardian; and either
2. There is a substantial likelihood that the child will removed from Connecticut prior to a hearing; or
3. To return the child to the parent(s) would place the child in circumstances resulting in serious physical illness, injury or imminent danger prior to the hearing.
If the judge grants the request without a hearing (ex parte) then a hearing involving all the interested parties must be held within five days. The judge will also order DCF to conduct an Investigation into the allegations and have a report ready for the hearing.
This request must be filed in conjunction with either a Petition for Removal of Guardianship or a Petition for Termination of Parental Rights.
Connecticut Immediate Temporary Custody Attorney
I represent clients in estate planning matters though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 for additional information concerning Immediate Temporary Custody in Connecticut Probate Court.
DCF Administrative Hearings are the way to contest a DCF decision. This hearing should be requested after an unsuccessful DCF Internal Review or other failed negotiations with DCF.
DCF Administrative Hearings Lawyer
Essentially, a DCF Administrative Hearing is an appeal when a parent or other individual disagrees with a DCF Substantiation, Central Registry placement or other proposed action by DCF. This person is called the Appellant.
These Hearings are presided over by a Hearing Officer. The Hearing Officer will rule on the admissibility of evidence, rule on objections, decide whether certain privileges apply (i.e. therapist, doctors etc.), consider motions which have been filed and ultimately decide whether to uphold or reverse DCF’s Investigation conclusions. It is the Hearing Officer’s job to ensure that the hearing proceeds in a logical manner and that the Appellant is provided with due process. Think of a Hearing Officer like a judge. He or she must listen to and evaluate all the evidence and oversee the Hearings.
The Appellant has four important rights at DCF Administrative Hearings:
- Testify to present their side of the story
- Present witnesses that support their position
- Offer documents (exhibits) to provide additional information
- Cross examine any adverse witnesses called by DCF including the DCF Investigator
The Hearing Officer has thirty days to render a written decision in the case of a Substantiation or Central Registry appeal. If the Hearing Officer decides against DCF, the decision is binding on DCF – they cannot appeal further. If the decision upholds DCF’s original findings, the case can be appealed by a parent or other individual to the Superior Court. However, be mindful that appeals to the Superior Court are rarely successful. The best chance for a reversal is at the Administrative Hearing. Get it right the first time.
I represent clients in Connecticut Family Court and Divorce proceedings though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact my office online to schedule a consultation concerning DCF Administrative Hearings.
A DCF Internal Review is the first step in a DCF Appeal. If an individual accused of abuse or neglect disagrees with a DCF Substantiation finding or placement on the DCF Central Registry they must request a DCF Internal Review within 30 days of receiving the Notification of Investigation Results. I imagine that since you are reading this it is likely that you already received this letter and are exploring what this all means.
An Internal Review is completed by the local DCF Legal Unit to determine if the Substantiation or Registry decision is factually or legally deficient and therefore should be reversed.
When the “accused” requests this Review, they are allowed to submit any documentation to DCF that is relevant to DCF’s Investigation. DCF may also schedule a meeting or phone conference to gather additional information as they reconsider their original decision. Unfortunately, the form letter that DCF sends to an alleged perpetrator (their word not mine) does not contain this information. Therefore, most people are unaware that they can participate in the Internal Review process.
In order to make your best case during this review process, you should obtain your copy of the Investigative Protocol. You should also consider retaining a lawyer to maximize your chance of a reversal at this stage. Retaining a lawyer sooner rather than later is usually much more cost effective long term.
DCF has 30 days to complete the review. They will send a letter with the results. There are two possible outcomes: the decision will be reversed or upheld. Obviously, if it is reversed then the Review was a success and no further action is needed. However, if it is upheld, then the matter should be appealed through a DCF Administrative Hearing which must be requested within 30 days.
Contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 today to schedule a consultation concerning a DCF Internal Review.