DCF Specific Steps are initially submitted to a Connecticut Juvenile Court when files Neglect Petitions or Orders for Temporary Custody.
If the child has been removed from a parent’s custody, the Steps set forth what is expected of the parents to regain custody. When I first started practicing, the Steps were actually called “Expectations.” That was a long time ago.
The Specific Steps are also ordered so that a parent is on notice about the requirements of retaining custody. At this stage, Steps are ordered after a finding of neglect as part of Protective Supervision. Non-compliance with the Steps may lead to a judge changing custody and removing a child.
I often explain the Steps this way – its a parent’s “road map” to either getting your child back or getting DCF the hell out of your life.
To that end, the Steps should be realistic. They as necessary. Parents must resist the temptation to overstate what they can accomplish because that’s what they think the judge (or DCF) wants to hear.
In short, the Steps should address the circumstances that led to the DCF involvement. They should not be a “laundry list” of services that don’t improve the quality of the family unit or are incapable of being achieved.
Important note – Specific Steps in Connecticut Juvenile Court cannot be ordered unless a judge has made a finding that the child needs immediate protection or has been neglected.
Specific Steps also mandate DCF to do things too. For example, provide services to parents and locate relatives for placement.
I represent clients in all DCF related 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.
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 DCF case or to find out more information about DCF matters.
When a child is arrested for allegedly committing a crime in Connecticut, they are usually summoned to Juvenile Court. At the initial plea hearing (arraignment), the judge will read an advisement of rights.
Here are the rights of child who has been accused of juvenile delinquency:
1. The right to remain silent. The child is not obligated to say anything about the case to anyone. If they do, those statements may be used against the child.
2. The right to counsel. The child is entitled to legal representation. If the family is considered indigent, the court will appoint counsel (public defender) for the child.
3. The right not to be questioned. The child cannot be questioned unless they agree and they can have their attorney present during any interrogation if they choose. At any point during questioning, the child may stop answering questions.
4. The right to a trial. Many cases in Juvenile Court result in a plea bargain with the Prosecutor. But sometimes the “deal” from the State is unacceptable. A child always has the choice to take the case to trial and force the State to prove the allegations against them “beyond a reasonable doubt.”
Depending on the alleged offense and the child’s criminal record, there may be certain programs available to a child if an agreement cannot be reached with the Prosecutor. If one of these programs is successfully completed, the case is dismissed. The possibility of participating in one of these diversionary programs should be explored with your Juvenile Court lawyer.
What are the rights of parents in Connecticut Juvenile Court when DCF files an Order of Temporary Custody or Neglect Petition in Connecticut?
At the preliminary hearing date, the judge will determine whether the necessary parties are present and that they have properly served with the documents DCF filed. In addition, the judge will usually summarize the allegations made by DCF against the parents or guardians. This is also the time that the parents are advised of their legal rights of parents.
These important rights of parents in Connecticut Juvenile Court include:
1. The right to remain silent. Although a DCF matter is not a criminal proceeding, the parents have the right not to speak to anyone (including DCF) about the case. Any statements, oral or written, may be used by DCF to prove their allegations. If a parent chooses to speak with others about the case, they have the right to have their attorney present during those discussions.
2. The right to be represented by an attorney. Given the magnitude of what could be at stake, it is unwise for parents to represent themself in a DCF case. If a parent cannot afford counsel and wishes to have legal representation, the Juvenile Court judge will make sure that counsel is appointed for them.
3. The right to a trial. In many DCF cases, agreements are reached and therefore no trial is necessary. Being properly prepared for trial often facilitates settlement with DCF. But when there is no acceptable resolution, parents have the absolute right to force DCF to prove their allegations before a judge at a trial.
Connecticut divorces often involve prenuptial agreements and the questions that go with it.
Can I get the prenuptial agreement thrown out? Is the prenup valid? Will it be upheld? How can I get out of it?
These questions are often asked after a divorce has been filed when one spouse realizes that if a prenup controls they stand to lose money, support and/or property.
Prenuptial agreements can be contested in Connecticut. Here are the five top reasons they get are found to be invalid:
1. No reasonable opportunity for independent legal representation. There is no requirement that you have a lawyer but you must be given a chance to confer with one before signing off.
2. Signed too close to the wedding date. This one is tricky because there is no absolute minimum amount of time to sign. But if you executed the agreement within days or even weeks before you exchanged vows you might be able to get out of it based on duress.
3. Lack of disclosure. If a spouse did not fairly and reasonably disclose assets, debts and income, you may be able to successfully challenge the agreement.
4. Ambiguity. Sometimes the terms of a prenup are unclear. In those instances, a judge may invalidate the agreement altogether.
5. Unconscionable. Usually a prenup is slanted in one spouse’s favor. That’s acceptable as far as a divorce judge is concerned. A prenup does not have to be fair to be enforced. But it cannot be so one-sided that it “shocks the conscience.”
You may contact me by email or by calling my Fairfield office at (203) 259-5251 or in Stamford at (203) 356-1475 for further information concerning a Prenuptial Agreement.
Out with the old and in with the new.
Effective January 1, 2014, the Family Courts in Connecticut will be using new versions of Financial Affidavits.
One version, the short form, is for those whose income and assets are less than $75,000.
The other version, the long form, is for those whose income or assets exceed $75,000.
The Judicial Branch has cited three reasons for using the new form:
1. It is more user friendly. Maybe – that remains to be seen. The current Financial Affidavit is a one-page document (front and back). Nice and straightforward. The new version – not so much. Even the new “short” form is 4 pages long. I think it will take some time for judges, attorneys and litigants to adjust to the new Affidavits.
2. It allows for a more accurate and comprehensive listing of finances. I think the current Financial Affidavit already provides a pretty good snapshot of one’s financial circumstances. When necessary, like in a high asset case, lawyers often created their own Financial Affidavit for a client to complete anyway.
3. Increased accountability for the filer (person completing the Affidavit). I am not sold on the other two reasons but this one I like. The certification on the current Financial Affidavit is soft: “I certify that the foregoing is true and accurate to the best of my knowledge and belief.”
The new, improved and much stronger certification contains warnings of perjury and that a willful misrepresentation of any information may result in criminal charges.
Email me or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 for a consultation regrading your Connecticut divorce and assistance in preparing your Financial Affidavit.
Sometimes after a divorce, a parent feels that the custody order is not working for their child. When this happens, a Motion for Modification of Custody may be filed.
For a Motion for Modification of custody to be granted, the judge must make two findings:
1. A modification involves an initial determination as to whether there has been a “substantial change in circumstances” since the date of the last court order. This requirement is designed to prevent parents from filing modifications of court orders for minor changes within the family and to avoid courts with the burden of relitigating issues which have already been decided.
If a judge decides that there has not been a “substantial” change in circumstances the motion will be denied. The current court orders will therefore remain in effect.
2. If there have been a “substantial change in circumstances” then a judge will reconsider the current orders. However, a judge is not required to modify the orders. Rather the “best interests of the child” standard controls in deciding whether the current order should be modified and, if so, what the new order should be.
Before a judge decides the modification of custody, a guardian ad litem may be appointed by the court to advocate for the “best interest” of the child. A judge may also request Family Relations to perform a study regarding the issues surrounding the modification.
Do not disregard the divorce orders or take unilateral action. Not only will this irritate the judge (thereby hurting your chances of changing the order) you may be also found in contempt.
A Motion for Modification of Custody is the proper procedure to address these situations concerning children. Please contact me to discuss this important family issue.