When a parent of guardian is arrested for Risk of Injury to a Minor in Connecticut a trip to criminal court is usually only the beginning. In most cases, DCF will also soon be involved.
Law enforcement officials are all mandated reporters. They must notify DCF when they have “reasonable suspicion” of any child abuse or neglect. So if there is “probable cause” that an criminal offense was committed involving a child then that’s enough for the police to contact DCF.
Here is the section of the Connecticut Risk of Injury Statute 53-21 which most often triggers a DCF Investigation:
Any person who willfully or unlawfully causes or permits any child under the age of sixteen years to be placed in such a situation that the life or limb of such child is endangered, the health of such child is likely to be injured or the morals of such child are likely to be impaired, or does any act likely to impair the health or morals of any such child.
A few common real life examples are:
- Excessive physical discipline or corporal punishment
- Domestic violence when a child is present
- Leaving a younger aged child alone at home or in a car
- Driving while intoxicated with a child passenger.
It is always sound to consult with a lawyer whenever DCF comes knocking. But it is even more important to do so when a parent has been arrested for conduct involving the child. First, the seriousness of the allegations may cause DCF to file a Neglect Petition in Juvenile Court or even to apply for Temporary Custody of the child. Secondly, DCF will share any information they gather (medical reports, therapist records etc) and any statements made by a parent with the police. You can count on it. Therefore, a parent needs guidance about how to handle potential DCF interviews and other DCF requests for information.
Please email me or call (203) 259-5251 to discuss DCF Investigations involving Risk of Injury.
Connecticut school expulsion hearings are required for students who allegedly:
- Had a gun or other dangerous weapon on school grounds or at school related activity
- Used a gun or other dangerous weapon off school grounds
- Sold or attempted to sell drugs whether on or off school grounds.
A student may face an expulsion hearing for allegedly:
- Violating a school rule at school or at a school related activity
- Endangering other people or property at school or a school related activity
- Violating a school rule off school grounds that is seriously disruptive to the educational process.
A student facing expulsion has several important rights:
Connecticut school expulsion hearings are usually scheduled in ten days or less so you getting prepared quickly is key. These include:
- The right to have sufficient notice of why the school is seeking expulsion
- The right to be represented by an attorney if you are able to retain one. Unfortunately, the Board of Education will not appoint an attorney to represent the student.
- The right before the hearing to get all the documents the school will present at the hearing
- The right to cross examine the witnesses presented by the school
- The right to present the student’s version of events by calling witnesses and providing other evidence.
The maximum length of the expulsion is 180 days (one academic year). Therefore, a critical aspect of the expulsion hearing is to present mitigating evidence to decrease the length of the expulsion in case there is one. Lack of prior school discipline, academic achievement, character references and a plan to make sure the behavior is not likely to occur again can all be persuasive.
There is no right to appeal an expulsion hearing – the decision is final. Present your case effectively the first time around.
Please contact me to discuss Connecticut school expulsion hearings and for any arrests resulting in Juvenile Court involvement.
Connecticut Educational Neglect Investigations usually starts with the school or other local education agency referring the case to DCF by filing a form 136.
The 136 will include the following:
- Specific dates of unexcused absences
- The efforts made by the school to address the child’s attendance such as scheduling conferences with the parents
- Any referrals to outside agencies and community based services to help the family.
DCF will then evaluate whether or not to open a case. If a child is under age 11 and has school attendance issues it will always result in DCF action since there is a presumption that parents are fully responsible for meeting the educational needs of young children. DCF considers a pattern of unexcused absences to be Educational Neglect.
If the child is over age 11, DCF will evaluate whether the child is responsible for the absenteeism or whether to hold the parent(s) accountable.
Here are some examples of parental behavior that will be concerning to DCF:
- Not enrolling a child in school
- Not assuring the child gets to school
- Keeping the child home
- Failing to cooperate with school efforts to address attendance
- Refusing to comply with recommended services for the child and family
- Not meeting the requirements for home based educational instruction.
DCF tends to hang around for awhile when they investigate Educational Neglect. They will want to see compliance with recommendations and of course improved school attendance over an extended period of time.
DCF Educational Neglect Investigations
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 me online or call me in my Fairfield office at (203) 259-5251 or in my Stamford office at (203) 356-1475 to discuss your options if you are under Investigation by Connecticut DCF for Educational Neglect.
Whenever DCF is involved there is always the risk that they might file a Neglect Petition in the Juvenile Court.
Ordinarily, a Neglect Petition is filed when the abuse or neglect allegations are serious enough that DCF is attempting to remove the child (or at least threaten the child’s removal) or when DCF is trying to get the parents or guardians to go along with DCF’s recommendations for the family.
A Neglect Petition in Juvenile Court may allege that the child:
- Has been abandoned;
- Is being denied proper care and attention;
- Is being permitted to live under conditions injurious to the child’s well-being;
- Has been physically, sexually or emotionally abused.
DCF may also claim that child is homeless or that the child’s home cannot meet his/her specialized needs. These would be grounds for an Uncared For Petition.
Parents and guardians in Connecticut Juvenile Court have important rights. These include:
- Requesting a trial before a judge to make DCF to prove one or more of their allegations;
- Not being forced to speak to anyone about the case;
- The right to have an attorney represent their interests throughout all phases of the case.
In my experience, the best approach is to consult with an attorney at the earliest possible stage. An experienced DCF lawyer will be able to assess the strengths and weaknesses of your case, assist you in gathering relevant documents and help you put together a list of witnesses who support your version of events and explore possible defenses to the DCF allegations.
Your best chance for a favorable outcome is to meet this Neglect Petition head on. Waiting for DCF to reconsider and change direction isn’t a winning strategy.
So whether you were blindsided by DCF or expected the Neglect Petition its time to construct a game plan.
I represent clients in Connecticut Juvenile Courts 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 if you have questions about a DCF Neglect Petition.
Restraining Orders in Stamford Court offer protection for those that have been threatened or abused and live in lower Fairfield County.
Here’s the process:
The person requesting the order of protection (the Applicant) must file an Application along with an Affidavit. The Affidavit must set forth the specific reasons as to why the Applicant needs protection. For example, history of violence, current threats and any other facts showing “immediate and present physical danger to the Applicant.” The circumstances in the Affidavit should not be exaggerated. If they are, the Applicant may lose credibility at a hearing before a judge.
Once filed, the Application and Affidavit will be presented to a judge in the Family Court.
The judge may:
- Grant the restraining order on a temporary basis pending a court hearing within 14 days;
- Schedule the matter for a hearing within 14 days but not grant the Application on a temporary basis
- Deny the Application.
If a hearing is scheduled, the Respondent must be served with all the filings and any other orders issued by a judge five days before the hearing date.
At the hearing, the Applicant must show that he or she has been “subjected to a continuous threat of present physical pain or physical injury by another family member or household member.”
A restraining order is good for one year. However, prior to the expiration of the order the Applicant may request that the order be extended.
In addition to orders designed for the Applicant’s protection, a judge has the authority to enter orders to protect children for such as changing custody or limiting visitation.
Please email me or call me at (203) 259-5251 if you would like help with Restraining Orders in Stamford Court. In order to better serve clients I now have offices in both Fairfield and Stamford.
Removal of Guardianship usually starts with an Application filed in the Probate Court but can also be done in the Family Court if a divorce or other custody action is pending or in the Juvenile Court if DCF is involved.
Connecticut child guardianship includes the authority to make major decisions affecting the child’s education, welfare and medical treatment.
When the health or welfare of a child is danger, a judge can award temporary custody of the child to a suitable caregiver while the underlying transfer of guardianship is pending.
For a parent to be removed as guardian, a judge must find one of the following:
- The child has been abandoned;
- The child has been denied proper care;
- The child has non-accidental or unexplained injuries;
- The child has been neglected or uncared for; or
- The parent agrees to their removal as guardian.
In appointing a guardian of a child, the court will consider:
- The ability of the prospective guardian to meet the physical, educational and emotional needs of the child;
- The child’s wishes if over age 12 or sufficiently mature to make an intelligent preference;
- The nature of the relationship between child and potential guardian; and
- The best interest of the child.
The judge usually requests the Department of Children and Families (DCF) to conduct an Investigation and file a report concerning the parents, the allegations and a recommendation regarding the suitability of the proposed guardian. This can take up to sixty days.
In Connecticut, there is a presumption that the appointment of a grandparent or other blood relative as guardian is in the best interest of the child. Guardianship continues until the Court appoints another guardian or the child turns 18. Unlike an adoption, a parent may petition the Court to have their guardianship reinstated.
Connecticut Guardianship Attorney
I represent clients in estate administration matters and in Probate Courts 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 if you have wish to schedule a consultation regarding Removal of Guardianship in Connecticut.